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ROAD SAFETY (DRIVERS) (YOUNG DRIVERS) REGULATIONS 2007 (SR NO 152 OF 2007) - REG 9

New regulation 215 substituted and new regulations 215A, 215B, 215C, 215D and 215E inserted

r. 9

For regulation 215 of the Principal Regulations substitute

        "     215     P1 probationary driver licence

    (1)     Subject to subregulation (2) and regulation 215A(2), if the Corporation grants a driver licence to an applicant who—

        (a)     is less than 21 years of age; and

        (b)     has not previously held a driver licence—

the driver licence must be granted as a P1 probationary driver licence for the period that expires 1 year after the date of the granting of the licence (subject to extension under regulation 215C).

    (2)     If the Corporation grants a driver licence to an applicant who—

        (a)     is less than 21 years of age; and

        (b)     has not previously held a driver licence; and

        (c)     holds a provisional or probationary driver licence issued in another State or Territory or another country; and

        (d)     has held that provisional or probationary licence for a period of less than 1 year—

the driver licence must be granted as a P1 probationary driver licence for the period that expires 1 year after the date of the issue of the licence in the other State, Territory or country (subject to extension under regulation 215C).

    (3)     If a person's P1 probationary driver licence is cancelled by a Court or the Corporation, any driver licence subsequently granted to that person must be granted as a P1 probationary driver licence for the period that expires 1 year after the date of the granting of the licence (subject to extension under regulation 215C).

        215A     P2 probationary driver licence

    (1)     Subject to subregulations (3) and (4), if the Corporation grants a driver licence to an applicant who—

        (a)     is aged 21 years or more; and

        (b)     has not previously held a full driver licence—

the driver licence must be granted as a P2 probationary driver licence for the period which expires 3 years after the date of the granting of the licence (subject to extension under regulation 215C).

    (2)     If the Corporation grants a driver licence to an applicant who—

        (a)     is less than 21 years of age; and

        (b)     has not previously held a driver licence; and

        (c)     holds a provisional or probationary driver licence issued in another State or Territory or another country; and

        (d)     has held that provisional or probationary licence for a period of more than 1 year but less than 4 years—

the driver licence must be granted as a P2 probationary driver licence for the period determined by the following formula (subject to extension under regulation 215C)—

P2 probationary period = 4 years – IS

where—

IS is the period during which the applicant has held a driver licence issued in another State, Territory or country.

Example

A person has held a probationary driver licence issued in another State for 3 years. The P2 probationary period calculated using the formula is—

4 years – 3 years = 1 year.

    (3)     If the Corporation grants a driver licence to an applicant who—

        (a)     is aged 21 years or more; and

        (b)     has not previously held a driver licence; and

        (c)     holds a provisional or probationary driver licence issued in another State or Territory or another country; and

        (d)     has held that provisional or probationary licence for a period of less than 3 years—

the driver licence must be granted as a P2 probationary driver licence for the period determined by the following formula (subject to extension under regulation 215C)—

P2 probationary period = 3 years – IS

where—

IS is the period during which the applicant has held a driver licence issued in another State, Territory or country.

Example

A person has held a probationary driver licence issued in another State for 1 year. The P2 probationary period calculated using the formula is—

3 years – 1 year = 2 years.

    (4)     If the Corporation grants a driver licence to an applicant who—

        (a)     is aged 21 years or more; and

        (b)     has not previously held a driver licence; and

        (c)     holds a provisional or probationary driver licence issued in another State or Territory or another country; and

        (d)     has held that provisional or probationary licence for a period of 3 years or more—

the driver licence must be granted as a full driver licence.

    (5)     If a person's P2 probationary driver licence is cancelled by a Court or the Corporation, any driver licence subsequently granted to that person must be granted as a P2 probationary driver licence.

    (6)     A driver licence issued in accordance with subregulation (5) must have a P2 probationary period which is same as the P2 probationary period of the cancelled licence (subject to extension under regulation 215C).

Example

A person's P2 probationary driver licence is cancelled by a court after 1 year. The P2 probationary period of the cancelled licence was 3 years. The Corporation subsequently grants a driver licence to the person. The P2 probationary period of that driver licence is 3 years, but may subsequently be extended by operation of regulation 215C.

        215B     Transition from P1 probationary driver licence to P2 probationary driver licence

    (1)     The Corporation may grant a P2 probationary driver licence to the holder of a P1 probationary driver licence for the period that expires 3 years after the date of the granting of the licence (subject to extension under regulation 215C).

    (2)     A P2 probationary driver licence granted under subregulation (1) must be granted on a day which is the later of—

        (a)     if the Corporation requires the holder of a P1 probationary driver licence to pass any appropriate test or to comply with any other procedures or requirements before granting that person a P2 probationary driver licence, the day on which the person passes that test or complies with those procedures or requirements; or

        (b)     if not, the day after the day on which the P1 probationary period, as extended by regulation 215C (as applicable), expires.

    (3)     If the Corporation requires the holder of a P1 probationary driver licence to pass any appropriate test or to comply with any other procedures or requirements before granting that person a P2 probationary driver licence and the person does not pass that test or comply with those procedures or requirements, the person's driver licence remains a P1 probationary driver licence until that person passes that test or complies with those procedures or requirements (as the case requires).

        215C     Extension of probationary driver licence

    (1)     For the purpose of section 21(2)(a) of the Act and subject to subregulation (3), the Corporation must extend the P1 probationary period or P2 probationary period of a probationary driver licence for the period set out in subregulation (2) if—

        (a)     the probationary driver licence is suspended; or

        (b)     the holder of the probationary driver licence is convicted or found guilty of an offence under section 49(1) of the Act and the licence is not cancelled or suspended for that offence.

    (2)     For the purpose of subregulation (1), the period for which the P1 probationary period or the P2 probationary period of the person's licence is extended is calculated using the formula—

period of extension = S + 6 months

where—

S is the duration of the period of suspension (if any).

Examples

1     A person who holds a P1 probationary driver licence commits a traffic related offence. The person's licence is suspended for 1 month by the Court. As a result, the P1 probationary period is extended by 7 months.

2     A person who holds a P1 probationary driver licence commits an offence against section 49(1) of the Act. The person's licence is not suspended or cancelled. As a result, the P1 probationary period is extended by 6 months.

    (3)     For the purpose of section 21(2)(a) of the Act, if a person's P1 probationary driver licence or P2 probationary driver licence is suspended under—

        (a)     section 24(1A) or 51 of the Act; or

        (b)     regulation 303(1)—

the Corporation must extend the P1 probationary period or P2 probationary period of that probationary driver licence for the period of the suspension of the licence.

        215D     Variation of P2 probationary driver licence to P1 probationary driver licence

r. 9

    (1)     If—

        (a)     a person commits an offence while he or she held a P1 probationary driver licence; and

        (b)     he or she holds a P2 probationary driver licence at the time that his or her licence is suspended for that offence—

the Corporation must vary the driver licence held by that person to a P1 probationary driver licence for the period that expires 6 months after the date of the variation of that licence (subject to extension under regulation 215C).

    (2)     If—

        (a)     a person commits an offence under section 49(1) of the Act while he or she held a P1 probationary driver licence; and

        (b)     he or she holds a P2 probationary driver licence at the time that he or she is convicted or found guilty of that offence; and

        (c)     his or her licence is not cancelled or suspended for that offence—

the Corporation must vary the driver licence held by that person to a P1 probationary driver licence for the period that expires 6 months after the date of the variation of that licence (subject to extension under regulation 215C).

    (3)     A reference in subregulation (1) to a licence that is suspended does not include a licence suspended under section 51 of the Act.

        215E     Variation of full driver licence to P2 probationary driver licence

r. 9
    (1)     If—

        (a)     a person commits an offence while he or she held a P2 probationary driver licence; and

        (b)     he or she holds a full driver licence at the time that his or her licence is suspended for that offence—

the Corporation must vary the driver licence held by that person to a P2 probationary driver licence for the period that expires 6 months after the date of the variation of that licence (subject to extension under regulation 215C).

    (2)     If—

        (a)     a person commits an offence under section 49(1) of the Act while he or she held a P2 probationary driver licence; and

        (b)     he or she holds a full driver licence at the time that he or she is convicted or found guilty of that offence; and

        (c)     his or her licence is not cancelled or suspended for that offence—

the Corporation must vary the driver licence held by that person to a P2 probationary driver licence for the period that expires 6 months after the date of the variation of that licence (subject to extension under regulation 215C).

    (3)     A reference in subregulation (1) to a licence that is suspended does not include a licence suspended under section 51 of the Act.



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