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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DRIVER LICENSING) REGULATION 2021 - REG 218
Supervising learners—motor vehicles other than motorbikes
218 Supervising learners—motor vehicles other than motorbikes
(1) This section applies in relation to a motor vehicle other than a
motorbike.
(2) A person (a
"supervisor" ) must not direct the driving of a motor vehicle on a road by
another person who is authorised to learn to drive the vehicle under chapter 2
, section 174 or chapter 5 (a
"learner" ) unless— (a) the supervisor— (i) holds an O type licence that
authorises the supervisor to drive the vehicle; and
(ii) has held an O type
licence, that authorises the supervisor to drive the vehicle, for a period of
at least 1 year; and
(b) the supervisor sits— (i) if the vehicle has
passenger seating next to the learner—next to the learner; or
(ii)
otherwise—near the learner in the vehicle.
Penalty— Maximum
penalty—60 penalty units.
(3) Subsections (4) and (5) apply if the
learner is authorised under chapter 5 to learn to drive the motor vehicle
under an interstate licence issued under a corresponding law to chapter 4 ,
part 1 .
(4) Subsection (2) does not apply to the supervisor if the learner
is not required to drive the motor vehicle under the direction of someone else
in the jurisdiction that issued the interstate licence.
(5) The supervisor is
taken to comply with subsection (2) if— (a) the learner is required to drive
the motor vehicle under the direction of someone else in the jurisdiction that
issued the interstate licence; and
(b) the supervisor is complying with any
requirements that apply to the supervisor in relation to directing the driving
of the motor vehicle by the learner in the jurisdiction that issued the
interstate licence. Examples of requirements in relation to directing the
driving of the motor vehicle by the learner— a requirement that a person
who directs the driving of the motor vehicle by the learner holds a particular
category of driver licence or sits in a particular place in the vehicle
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