New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 107

107 Definitions

(cf STM Act, s 8)

(1) General definitions In this Part--

"applicable driver licence" means the following--

(a) a licence (however described) issued under a law in force in any jurisdiction authorising the holder to drive one or more classes of motor vehicle on a road,

(b) a driver licence receipt for a licence referred to in paragraph (a),

(c) a foreign driver licence.

Note : The term
"driver licence receipt" is defined in section 4(1) to mean a receipt that--

(a) is issued following an application for an Australian driver licence and after payment of any applicable fee, and

(b) authorises the holder to drive one or more classes of motor vehicle on a road or road related area.

"applicable interlock driver licence" means an interlock driver licence issued on or after the commencement of this definition.

"applicable learner licence" means the following--

(a) a learner licence or a driver licence receipt for such a licence,

(b) a foreign driver licence that has the same or similar effect as a licence referred to in paragraph (a).

Note : The term
"learner licence" is defined in section 4(1) to mean a licence or permit issued to a person under a law in force in any jurisdiction to authorise the person to drive a motor vehicle on a road or road related area for the purpose of learning to drive a motor vehicle.

"applicable provisional licence" means the following--

(a) a provisional P1 licence or a provisional P2 licence,

(b) a licence (however described) issued under a law in force in any jurisdiction, or a foreign driver licence, that has the same or similar effect as a licence referred to in paragraph (a) or is prescribed by the statutory rules as an equivalent licence for the purposes of this definition,

(c) a driver licence receipt for a licence referred to in paragraph (a) or for a licence of any jurisdiction referred to in paragraph (b).

"learner driver" , in relation to a motor vehicle, means--

(a) a person who holds an applicable learner licence for motor vehicles of a class that includes the motor vehicle, or

(b) a person who is learning to drive the motor vehicle in circumstances where--

(i) the person holds an applicable driver licence of a class of motor vehicles that does not include the motor vehicle, and

(ii) the person is permitted under the statutory rules to learn to drive the motor vehicle despite not having an applicable driver licence for motor vehicles of that class.

"novice driver" , in relation to a motor vehicle, means--

(a) a person who holds an applicable learner licence, applicable provisional licence or applicable interlock driver licence for motor vehicles of a class that includes the motor vehicle, or

(b) a person who is not authorised to drive the motor vehicle in this jurisdiction because the person (in this jurisdiction or elsewhere) has had the person's application for an applicable learner licence, applicable provisional licence or applicable interlock driver licence of a class that includes the motor vehicle refused, or

(c) a person who is not authorised to drive the motor vehicle in this jurisdiction because the person (in this jurisdiction or elsewhere) has ceased to hold an applicable learner licence, applicable provisional licence or applicable interlock driver licence of a class that includes the motor vehicle as a result of--

(i) the cancellation or suspension of the licence, or

(ii) the disqualification of the person from holding a driver licence, or

(iii) the expiry of the licence, or

(d) a person who is not authorised to drive the motor vehicle in this jurisdiction because the person (in this jurisdiction or elsewhere) has never obtained an applicable driver licence for any class of motor vehicle.

(2) Meaning of "special category driver" For the purposes of this Part, a person is a
"special category driver" in respect of a motor vehicle if--

(a) the person holds an applicable learner licence, applicable provisional licence or applicable interlock driver licence for motor vehicles of a class that includes the motor vehicle, or

(b) the person is not authorised to drive the motor vehicle in this jurisdiction because--

(i) the person (in this jurisdiction or elsewhere) has had the person's application for a relevant applicable driver licence refused, or

(ii) the person (in this jurisdiction or elsewhere) has ceased to hold a relevant applicable driver licence as a result of the cancellation or suspension of the licence, or

(iii) the person (in this jurisdiction or elsewhere) has ceased to hold an applicable learner licence, applicable provisional licence or applicable interlock driver licence as a result of the expiry of the licence, or

(iv) the person (in this jurisdiction or elsewhere) has ceased to hold a relevant applicable driver licence (other than an applicable learner licence or provisional licence or an interlock driver licence) as a result of the expiry of the licence, but only where the licence has been expired for a period of more than 6 months, or

(v) the person (in this jurisdiction or elsewhere) has been disqualified from driving, or

(vi) the person has never obtained a relevant applicable driver licence, or

(c) the motor vehicle is being driven for hire or reward, or in the course of any trade or business, as a public passenger vehicle within the meaning of the Passenger Transport Act 1990 , or

(ca) the motor vehicle is a taxi or hire vehicle being used to provide a passenger service within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 , or

(d) the motor vehicle is a coach, or

(e) the motor vehicle is a motor vehicle that has a GVM exceeding 13.9 tonnes, or

(f) the motor vehicle is being used in combination with a trailer in circumstances where the motor vehicle and trailer combination has a GCM exceeding 13.9 tonnes, or

(g) the motor vehicle (or any trailer being towed by the motor vehicle)--

(i) is required, because it carries dangerous goods within the meaning of the Dangerous Goods (Road and Rail Transport) Act 2008 , to be identified with a placard by regulations under that Act, or under any code prescribed for the purposes of this paragraph by statutory rules under this Act, or

(ii) carries any radioactive substance within the meaning of the Protection from Harmful Radiation Act 1990 .

(3) Meaning of "special category supervisor" For the purposes of this Part, a person is a
"special category supervisor" in respect of a motor vehicle if, were the person driving the motor vehicle, the person would be a special category driver in respect of the motor vehicle.