45—Exemptions from duty to hold licence, learner's permit or particular
class of licence
(1) A police officer
who holds a driver's licence may, in the course of official duties, drive a
motor vehicle of a class other than that for which he or she holds a licence
in circumstances of emergency.
(1a) If a person who
holds a designated licence—
(a) is
employed at a motor vehicle related workplace; and
(b) is
required to drive an ultra high powered vehicle on a road in the course of
their employment,
the person may drive an ultra high powered vehicle as so required.
(1b) A person who
holds a designated licence may, for the purpose of test driving an
ultra high powered vehicle from a motor vehicle dealer, drive the
ultra high powered vehicle on a road if, for the duration of the test
drive—
(a) the
person is accompanied by an employee of the dealer who holds a licence that is
assigned the U classification; and
(b) the
employee occupies a seat in the vehicle next to the person; and
(c) the
person does not drive the vehicle at a speed exceeding 100 kilometres an
hour.
(2) If a person holds
a driver's licence or is, under section 97A of the Act, permitted to
drive a motor vehicle on roads in this State pursuant to an interstate licence
or foreign licence, the person may drive a moped on roads in this State
without holding a licence endorsed with the classification R-DATE.
(3) A person may drive
a power-assisted pedal cycle without holding a driver's licence or learner's
permit.
(3a) A person may
drive an electric personal transporter without holding a driver's licence or
learner's permit.
(4) A person may drive
a self-propelled wheelchair or a motor vehicle of a class prescribed by
regulation 5 for the purposes of section 12A(1) of the Act without
holding a driver's licence or learner's permit if the person reasonably
requires the use of the wheelchair or vehicle because of some physical
infirmity.
(5) A person may drive
a motor home on roads in this State without holding a driver's licence under
the Act if—
(a) the
person holds a foreign licence, written in English or accompanied by an
English translation, authorising the person to drive a motor vehicle with a
GVM not exceeding 3.5 tonnes; or
(b) the
person holds—
(i)
a foreign licence authorising the person to drive a motor
vehicle with a GVM not exceeding 3.5 tonnes; and
(ii)
an international driving permit.
(6) However,
subregulation (5) does not apply if—
(a) the
person is disqualified from holding or obtaining an interstate licence in any
State or Territory of the Commonwealth; or
(b) the
person is disqualified from holding or obtaining a foreign licence in any
country; or
(c) the
person has resided in this State for a continuous period of more than
3 months and is a permanent resident or citizen of Australia; or
(d) the
person's foreign licence only authorises the person to drive a motor bike,
motor trike, moped, motorised wheelchair or other vehicle that is not a motor
car; or
(e) a
notice under subregulation (7) is in force in relation to the person.
(7) If the Registrar
is of the opinion that—
(a) a
person to whom subregulation (5) applies is not suitable to drive a
motor home in this State; or
(b) the
ability of a person to whom subregulation (5) applies to drive a
motor home safely is impaired due to a permanent or long term injury or
illness,
the Registrar may give the person notice in writing—
(c)
prohibiting the person from driving a motor home on roads in this State
without holding a driver's licence issued under the Act while the notice is in
force; and
(d)
stating the reasons for the giving of the notice; and
(e)
specifying any action that may be taken by the person to regain the benefit of
subregulation (5).
(8) The Registrar may
revoke a notice under subregulation (7) by further notice to the person.
(9) A person must,
while driving a motor home on roads in this State under
subregulation (5)—
(a)
carry his or her—
(i)
foreign licence (together with any accompanying English
translation of the licence); and
(ii)
international driving permit (if any); and
(b)
produce those documents if requested to do so by a police officer or
authorised officer.
Maximum penalty: $1 250.
(10) If a person
drives a motor home in this State under subregulation (5), the person's
foreign licence will—
(a) for
the purposes of section 74 of the Act and any law prescribed for the
purposes of section 97A(4)(a) of the Act, be taken to be a licence under
the Act; and
(b) for
the purposes of a contract or policy of insurance relating to the vehicle, be
taken to be a licence under the Act.
(10a) For the purposes
of subregulation (1a), a reference to a person
being "employed" at a motor vehicle related workplace will be taken to include
a reference to a person who—
(a) is
self-employed; or
(b)
carries out work under a contract for services,
in respect of the workplace, and "employment" has a corresponding meaning.
(11) In this
regulation—
"designated licence" means a licence other than—
(a) a
learner's permit; or
(b) a
provisional licence; or
(c) a
driver's licence that is assigned the U classification; or
(d) a
driver's licence that is assigned only the R-DATE or R classification;
"international driving permit", "interstate
licence" and " permanent resident" have the same respective meanings as in
section 97A of the Act;
"motor home" means a motor vehicle with a GVM not
exceeding 4.5 tonnes that is designed and constructed for the
primary purpose of providing a temporary dwelling for persons using the
vehicle for recreational travel;
"motor vehicle related workplace" means a place at which the primary business
relates to the repair, sale, trade, inspection or transport of motor vehicles,
or the renting or leasing out of motor vehicles.