Western Australian Current Acts Western Australian Current Acts (1) The regulations
are, together with this Part, to provide for a driver licensing scheme under
which —
(a) the
CEO —
(i)
grants people licences to drive motor vehicles on roads;
and
(ii)
keeps a driver’s licence register to record
information about drivers’ licences under this Act;
and
(b) the
identification of people driving motor vehicles under the authority of those
licences is facilitated.
(2) The particular
purposes for which this Part provides that regulations are to be, or may be,
made do not prevent anything in section 61 from applying to the making of
regulations for the purposes of this Part.
(3) The regulations
may —
(a)
classify the different kinds of authorisation to drive that may be conferred
by a driver’s licence and provide for a licence to be designated
according to the class or classes of authorisation that the licence confers on
the holder; and
(b)
grade each class of authorisation to drive according to the driving skills and
other requirements to be met before a person can hold a driver’s licence
conferring authorisation of that class; and
(c)
prescribe different endorsements of drivers’ licences that can be made,
and the effect of each endorsement; and
(d)
provide for schemes for assessing the competency of people to hold
drivers’ licences; and
(e)
prescribe requirements for the holding of a licence under this Part
authorising the holder to drive when learning that may differ from the
requirements for the holding of a driver’s licence appropriate for that
driving when not learning.
(4) The regulations
may —
(a)
provide for the manner and form in which an application may be made for the
grant or variation of a driver’s licence; and
(b)
require an applicant for the grant or variation of a driver’s licence to
produce information relevant to the application.
(5) The regulations
may —
(a)
provide for the grant of a driver’s licence and include provisions about
refusal to grant a driver’s licence; and
(b)
impose, or provide for the imposition of, conditions on a driver’s
licence, and the consequences of failing to comply with conditions including
the creation of offences involving failure to comply with conditions; and
(c)
provide for the granting of a driver’s licence as a provisional licence
for the purposes of this Act; and
(d) fix
the period for which a driver’s licence remains in force; and
(e)
include provisions about the disqualification of a person from holding or
obtaining a driver’s licence and the surrender, cancellation, variation
or suspension of a driver’s licence; and
(f)
provide for the issue of a driver’s licence document to a person who has
a driver’s licence; and
(g)
provide for —
(i)
what is to be authorised by a licence that, before an
amendment to the regulations, operated by reference to a vehicle
classification that no longer exists; and
(ii)
an expedited means for the licence holder to obtain a
licence authorising anything that was formerly authorised by the licence but,
because of the amendment, has ceased to be authorised;
and
(h)
prescribe circumstances in which a driver’s licence document has to be
returned to the CEO and prescribe how it is to be returned; and
(i)
create offences involving the alteration, destruction, or
misuse of a driver’s licence document.
(6) The regulations
may relieve any driver described in the regulations from the requirement to
comply with this Part, or a specified provision of this Part or the
regulations.
(7) The regulations
may provide that the Road Traffic Act 1974 section 49AB(1)(ac) does not apply
to a person —
(a)
holding a class of authorisation specified in the regulations; and
(b)
driving a kind of vehicle specified in the regulations for that class of
authorisation.
(8) The Minister must
consult with the Minister responsible for the administration of the
Road Traffic Act 1974 before recommending to the Governor that regulations
referred to in subsection (7) be made, amended or repealed.
[Section 4 amended: No. 19 of 2018 s. 6.]