New South Wales Consolidated Regulations

ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2017 - REG 41A

41A Exemptions from conditions or restrictions

(1) Transport for NSW may exempt the holder of a learner licence from the condition set out in clause 17(2) if Transport for NSW is satisfied that exceptional circumstances justify the exemption.

(2) Transport for NSW may exempt the holder of a provisional licence from the following if Transport for NSW is satisfied that exceptional circumstances justify the exemption--

(a) the condition set out in clause 22(1)(b),

(b) the condition set out in clause 29(1)(b),

(c) the operation of a provision of Subdivision 4.

(3) To grant an exemption under this clause, Transport for NSW must issue an instrument (an
"exemption letter" ).

(4) An exemption may be granted subject to conditions or unconditionally.

(5) If an exemption is subject to conditions, the conditions have effect as conditions of the licence to which the exemption relates.

(6) Transport for NSW may revoke a person's exemption at any time by notice sent to the person.

(7) An exemption under this clause ceases to be in force--

(a) when notice of the revocation of the exemption is sent to the person or on a later date specified by Transport for NSW in the notice, or

(b) when the person ceases to be the holder of the learner licence or provisional licence to which the exemption relates.

(8) The driver of a vehicle who has an exemption under this clause must produce the driver's exemption letter on demand by a police officer executing the police officer's functions under the road transport legislation.

: Maximum penalty--20 penalty units.

(9) A person must not--

(a) by a false statement, misrepresentation or other dishonest means, obtain or attempt to obtain an exemption under this clause or an exemption letter, or

(b) falsely claim, by a statement made to a police officer, to have an exemption under this clause, or

(c) forge or fraudulently alter an exemption letter, or

(d) possess an exemption letter that the person knows to have been--

(i) forged or fraudulently altered, or

(ii) obtained by a false statement, misrepresentation or other dishonest means, or

(e) possess, without lawful authority or reasonable excuse, an exemption letter or an article resembling an exemption letter, or

(f) give or lend an exemption letter to another person knowing, or having reasonable cause to suspect, that the exemption letter may be fraudulently used by that person or another person as evidence of the grant of an exemption under this clause, or

(g) fraudulently use, or allow another person to fraudulently use, an exemption letter or article resembling an exemption letter as evidence of the grant of an exemption under this clause.

: Maximum penalty--20 penalty units.

(10) A person who has an exemption under this clause must surrender the exemption letter to Transport for NSW within 14 days after the exemption ceases to be in force.

: Maximum penalty--20 penalty units.

(11) If the driver of a vehicle had an exemption under clause 39 that was in force immediately before the repeal of clause 39, the driver is taken to have an exemption under this clause.