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MOTOR VEHICLES REGULATIONS 2010 - REG 45

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.



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