New South Wales Consolidated Regulations

ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2017 - REG 96AA

96AA Temporary visiting drivers--permanent loss of exemption

(1) A temporary visiting driver is permanently ineligible to be exempt under clause 96 from NSW driver licence holding requirements if the driver--

(a) resides in this State for a continuous period of 6 months after the driver is granted a temporary visa under the Migration Act 1958 of the Commonwealth, or

(b) is convicted of--

(i) an alcohol or other drug related driving offence, or

(ii) an offence referred to in the Act, section 224(1), or

(c) is disqualified from driving a motor vehicle on a road or road related area in Australia or another country.

(2) Despite clause 96(7)(a), a temporary visiting driver to whom clause 96(4)(n) applies is permanently ineligible to be exempt under clause 96 from NSW driver licence holding requirements.

(3) Despite clause 96(7A), a temporary visiting driver to whom clause 96(4)(o) applies is permanently ineligible to be exempt under clause 96 from NSW driver licence holding requirements.

(4) The notice required to be given under clause 96(9) to a temporary visiting driver to whom clause 96(4)(n) or (o) applies must state that the temporary visiting driver is permanently ineligible to be exempt from NSW driver licence holding requirements.

(5) For this clause, the following savings and transitional provisions have effect--

(a) subclause (1)(a) does not apply to a temporary visiting driver who began to reside in this State before 1 July 2023,

(b) subclause (1)(b) and (c) do not apply to a conviction or disqualification that occurred before the commencement day,

(c) subclause (2) does not apply to a temporary visiting driver unless at least 1 of the demerit points is incurred on or after the commencement day,

(d) subclause (3) does not apply to an offence alleged to have been committed before the commencement day.

(5A) Subclause (5)(a) and this subclause are repealed on 1 March 2025.

(6) In this clause--

"commencement day" means the day on which this clause is substituted by the Road Transport Legislation Amendment (Visiting Drivers) Regulation 2023 .

"temporary visiting driver" means a visiting driver who--

(a) is referred to in clause 96(1)(b) or (c), and

(b) holds a temporary visa under the Migration Act 1958 of the Commonwealth.