New South Wales Consolidated Regulations

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ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2017 - REG 4

Definitions

4 Definitions

(cf 2008 Reg cl 4)

(1) In this Regulation--

"address" , for the service of notices, includes an electronic address.

"alcohol interlock program" , in relation to a person, means an interlock program referred to in Division 2 of Part 7.4 of the Act the participants in which are holders of interlock driver licences.

"allied professional practitioner" means a psychologist, an optometrist or an occupational therapist.

"applicable fee" --see clause 116.

"approved form" means a form approved by Transport for NSW.

"articulated bus" means a bus consisting of more than one rigid section with passenger access between the sections and the sections connected to one another so as to allow rotary movement between the sections.

"Assessing Fitness to Drive" means the publication Assessing Fitness to Drive published by Austroads Ltd and approved by the Transport and Infrastructure Council, as in force from time to time.

"average speed detection zone" means a length of road to which an average speed detection zone sign applies, being a length of road beginning at an average speed detection zone sign and ending 300 metres along the length of road in the direction driven by a driver on the road who faces the sign before passing it.

"average speed detection zone sign" means a traffic sign bearing the words "AVERAGE SPEED".

"bus" means a motor vehicle built mainly to carry people that seats over 9 adults (including the driver).

"car licence" means a licence referred to in clause 7(3).

"car-based motor tricycle" means a motor trike that--
(a) has the category of LEM, LEP or LEG--
(i) as displayed on an identification plate on the motor trike issued under the Motor Vehicle Standards Act 1989 of the Commonwealth as in force immediately before its repeal, or
(ii) as recorded on the RAV for the motor trike, and
(b) has a GVM that is not greater than 1 tonne, and
(c) is constructed or equipped to seat not more than 3 adult persons including the driver, and
(d) has a rear mounted engine of a kind manufactured for a motor car, and
(e) has a transmission of a kind manufactured for a motor car with direct drive to the rear wheels, and
(f) has at least 2 of the following characteristics--
(i) pedal operated clutch or automatic transmission,
(ii) pedal operated fully integrated braking system,
(iii) left-hand operated gear stick not mounted on the handlebars.

"class B motor vehicle" means--
(a) a motor vehicle with a GVM exceeding 4.5 tonnes but not exceeding 12 tonnes, or
(b) a motor vehicle and trailer combination with a GCM exceeding 4.5 tonnes but not exceeding 12 tonnes.

"class C motor vehicle" means a coach or a motor vehicle with a GVM of more than 12 tonnes.

"Contracting State" means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949 .

"converter dolly" has the same meaning as it has in the Road Transport (Vehicle Registration) Regulation 2017 .

"external interlock driver licence" means an Australian driver licence of another jurisdiction that is subject to a requirement under a law of that jurisdiction allowing the holder to drive only a motor vehicle fitted with an interlock device (however described).

"foreign driver licence" means a licence to drive a motor vehicle held by an international visitor and issued by a driver licensing authority in the country in which the person is ordinarily resident.

"heavy combination vehicle licence" means a licence referred to in clause 7(8).

"heavy rigid vehicle licence" means a licence referred to in clause 7(7).

"implement" means a motor vehicle (other than a mobile crane) that comprises an excavator, road grader, road roller, bulldozer, forklift truck or other machinery or apparatus and is not constructed on a chassis of a type normally used in the construction of a motor lorry.

"international driving permit" means a permit issued by--
(a) a competent authority of a Contracting State or a subdivision of such a State, or
(b) an association duly empowered by such an authority in accordance with the United Nations Convention on Road Traffic, Geneva, 1949 .

"international visitor" means a person who--
(a) is ordinarily resident in a foreign country, and
(b) is not a permanent resident of Australia.

"licence class" --see clause 5.

"licence expiry date" means the date recorded in the driver licence register, in accordance with clause 100(1)(g), as the date on which the driver licence expires.

"light rigid vehicle licence" means a licence referred to in clause 7(5).

"medium rigid vehicle licence" means a licence referred to in clause 7(6).

"motor bike" means a motor vehicle with 2 wheels and includes--
(a) a 2 wheeled motor vehicle with a side car attached to it and supported by a third wheel, and
(b) a 3 wheeled motor vehicle with twinned wheels, within the meaning of the Vehicle Standard (Australian Design Rule - Definitions and Vehicle Categories) 2005 determined under the Road Vehicle Standards Act 2018 of the Commonwealth, section 12.

"motor trike" means a motor vehicle with 3 wheels, but does not include--
(a) a 2 wheeled motor vehicle with a side car attached to it and supported by a third wheel, or
(b) a 3 wheeled motor vehicle with twinned wheels, within the meaning of the Vehicle Standard (Australian Design Rule - Definitions and Vehicle Categories) 2005 determined under the Road Vehicle Standards Act 2018 of the Commonwealth, section 12.

"motorcycle licence" means a licence referred to in clause 7(2).

"multi-combination vehicle licence" means a licence referred to in clause 7(9).

"NSW driver licence" means a driver licence within the meaning of the Act.

"prime mover" means a motor vehicle built to tow a semi-trailer.

"provisional P1 licence" means a provisional licence issued in accordance with clause 20.

"provisional P2 licence" means a provisional licence issued in accordance with clause 27.

"RAV" means the Register of Approved Vehicles kept under the Road Vehicle Standards Act 2018 of the Commonwealth, section 14(1).

"relevant external driver licence" means--
(a) an Australian driver licence issued by a driver licensing authority in another State or an internal Territory, or
(b) a foreign driver licence (other than a foreign driver licence that authorises its holder to learn to drive a motor vehicle).
Note--: The definition of
"Australian driver licence" in section 4(1) of the Act does not include a learner licence issued in another State or Territory.

"rigid" means not articulated, other than in respect of an articulated bus.

"road" and
"road related area" are defined in section 4(1) of the Act.

"Safe-T-Cam sign" means a traffic sign bearing the words "SAFE-T-CAM MANAGING SPEED AND FATIGUE".

"Safe-T-Cam zone" means a length of road to which a Safe-T-Cam sign applies, being a length of road beginning at a Safe-T-Cam sign and ending 300 metres along the length of road in the direction driven by a driver on the road who faces the sign before passing it.

"school zone" means a school zone (as defined in rule 23 of the Road Rules 2014 ), but only during any period in which the speed limit indicated by a school zone sign has effect, as referred to in rule 318(3- 1) of those Rules.

"semi-trailer" has the same meaning as it has in the Road Transport (Vehicle Registration) Regulation 2017 .

"the Act" means the Road Transport Act 2013 .

"trailer" means a vehicle that is built to be towed, or is towed, by a motor vehicle but does not include a motor vehicle being towed.
Note--: The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) Notes included in this Regulation do not form part of this Regulation.
Note--: For the purposes of comparison, a number of provisions of this Regulation contain bracketed notes in headings drawing attention (
"cf" ) to equivalent or comparable (though not necessarily identical) provisions of the Road Transport (Driver Licensing) Regulation 2008 (
"2008 Reg" ), as in force immediately before the repeal of that Regulation by section 10(2) of the Subordinate Legislation Act 1989 .



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