New South Wales Consolidated Regulations

ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2017 - REG 96

96 Interstate and international visitors

(cf 2008 Reg cl 99)

(1) A visiting driver who holds--

(a) a current Australian driver licence or learner licence (including a New Zealand driver licence or learner licence) issued by a driver licensing authority in another jurisdiction, or

(b) a current foreign driver licence and international driving permit, or

(c) a current foreign driver licence that is written in English or is accompanied by an English translation,

that authorises its holder to drive a motor vehicle of a particular kind may drive a motor vehicle of that kind in this State, and is exempt from NSW driver licence holding requirements in relation to driving that particular kind of motor vehicle.

(2) In addition to, and without limiting, subclause (1), a visiting driver who holds--

(a) a current foreign driver licence and international driving permit, or

(b) a current foreign driver licence that is written in English or is accompanied by an English translation,

that authorises its holder to drive a light motor vehicle may, in this State, drive a light motor vehicle with a GVM that is not greater than 4.5 tonnes and that is constructed or equipped to seat not more than 12 adults (including the driver), and is exempt from NSW driver licence holding requirements in relation to driving a light motor vehicle.

Note--: Certain foreign driver licences limit the holder to driving motor vehicles of a certain weight (eg 3.5 tonne GVM) in the foreign jurisdiction. The holder of such a foreign driver licence may, in NSW, drive any light motor vehicle under 4.5 tonne GVM.

(3) Subclause (2) does not apply to a driver licence that authorises its holder to drive only a motor bike, motor trike or motor vehicle referred to in clause 99(1)(c) or (d).

(4) A visiting driver ceases to be exempt under this clause from NSW driver licence holding requirements if any of the following happen--

(a) in the case of a visiting driver who is the holder of an Australian driver licence or learner licence or New Zealand driver licence or learner licence--the driver has resided in this State for a continuous period of more than 3 months, unless the driver also holds a valid Driver Identification Document issued by the Department of Defence of the Commonwealth,

(b) in the case of a visiting driver visiting the State from a foreign country (other than New Zealand)--the driver holds a permanent visa under the Migration Act 1958 of the Commonwealth and has resided in this State for a continuous period of more than 3 months since the granting of the visa,

(c) in the case of a visiting driver visiting the State from a foreign country (other than New Zealand) who is an Australian citizen--the driver has resided in this State for a continuous period of more than 3 months,

(d) the visiting driver is suspended or disqualified from driving a motor vehicle on a road or road related area in any part of Australia or another country,

(e) the visiting driver would, if the driver applied for a driver licence, be refused because of a failure to meet the conditions of reinstatement of a driver licence after cancellation,

(f) the visiting driver is charged with an offence specified under another law of this State relating to visiting drivers,

(g) if, in the reasonable opinion of Transport for NSW, the visiting driver is not a fit and proper person to drive a motor vehicle in this State,

(h) if, in the reasonable opinion of Transport for NSW, the visiting driver's ability to drive safely is impaired due to a permanent or long term injury or illness,

(i) if, in the reasonable opinion of Transport for NSW, Transport for NSW could, under clause 65 or 66, vary, suspend or cancel a NSW driver licence held by the visiting driver, if the driver were to hold such a licence,

(j) the visiting driver is a fine defaulter (within the meaning of the Fines Act 1996 ) and Transport for NSW suspends the visitor driver privileges of the fine defaulter in accordance with that Act,

(k) the visiting driver applies for a NSW driver licence and that application is refused under clause 56,

(l) the visiting driver obtains a NSW driver licence,

(m) the visiting driver's NSW driver licence is suspended, varied or cancelled under clause 65 or 66 or surrendered under clause 64,

(n) if, in the reasonable opinion of Transport for NSW, Transport for NSW could, under section 33 of the Act, suspend a NSW driver licence held by the visiting driver, if the driver were to hold such a licence, as the driver incurred 13 or more demerit points (whether or not the person is a professional driver) within the period specified in that section,

(na) the visiting driver has made an election under the Act, section 36(1) and incurs 2 or more demerit points during the 12 months' good behaviour period,

(o) if, in the reasonable opinion of Transport for NSW, Transport for NSW could, under section 59 of the Act, suspend a NSW driver licence held by the visiting driver, if the driver were to hold such a licence, because of a speeding offence or an alcohol or other drug related driving offence.

(5) However, if Transport for NSW forms an opinion that subclause (4)(g) or (h) applies to a visiting driver, the cessation of the exemption does not take effect until the date nominated by Transport for NSW for cessation of the exemption in the notice given to the visiting driver under subclause (9).

(6) If Transport for NSW forms an opinion that subclause (4)(i) applies to a visiting driver, the cessation of the exemption applies only for 6 months (or such lesser period as may be specified by Transport for NSW in the notice given to the visiting driver under subclause (9)).

(7) If Transport for NSW forms an opinion that subclause (4)(n) applies to a visiting driver--

(a) the cessation of the exemption applies for the same period of time the driver would be suspended under section 33 of the Act if the driver held a NSW driver licence, and

(b) the visiting driver is ineligible to apply for a NSW driver licence for the same period of time in which the driver would be ineligible under section 35 of the Act if the driver held a NSW driver licence.

Note--: Section 36 of the Act does not apply to a visiting driver who is ineligible to apply for a NSW driver licence under this clause.

(7AA) If subclause (4)(na) applies to a visiting driver, the cessation of the exemption applies for the same period that is or would be specified in a notice given under the Act, section 36(4).

(7A) If Transport for NSW forms an opinion that subclause (4)(o) applies to a visiting driver, the cessation of the exemption applies for the same period of time the driver would be suspended under section 59 of the Act if the driver held a NSW driver licence.

(8) Subclause (4)(f) ceases to have effect in relation to a visiting driver if the charge is withdrawn or dismissed.

(9) If subclause (4)(g), (h), (i), (j), (n), (na) or (o), (5) or (6) applies to a visiting driver, Transport for NSW must give the visiting driver notice stating--

(a) that the visiting driver is, on and from the date nominated in the notice, for a period specified in the notice, no longer exempt from the requirement to hold a driver licence in this State, and

(b) that the visiting driver must not drive a motor vehicle on a road or road related area in this State, and

(c) the reasons why the visiting driver is no longer exempt, and

(d) the period in which the driver is ineligible to hold a NSW driver licence (if any), and

(e) if the visiting driver can take action to regain the exemption--

(i) the action the visiting driver needs to take, and

(ii) the date by which the action must be taken.

(10) Subclause (4)(j) applies in relation to a visiting driver only while the suspension of the driver's visitor driver privileges has effect.

(11) A suspension of visitor driver privileges has effect until it is removed by Transport for NSW in accordance with the Fines Act 1996 .

(12) If Transport for NSW removes a suspension of visitor driver privileges in accordance with the Fines Act 1996 , Transport for NSW must give the visiting driver notice stating that the exemption from the requirement to hold a driver licence in this State has been restored.

(13) If subclause (4)(l) applies to a visiting driver, the driver is bound by the conditions to which the NSW driver licence is subject (whether or not the driver holds a foreign driver licence).

(14) A visiting driver exempted under this clause must, when driving a motor vehicle or a trailer on a road or road related area--

(a) carry the licence referred to in subclause (1) or (2), and

(b) if the visiting driver also holds a Driver Identification Document referred to in subclause (4)(a), carry the Driver Identification Document, and

(c) if requested to do so by a police officer, produce to the police officer the licence and, if subclause (b) applies, the Driver Identification Document.

: Maximum penalty--20 penalty units.