SCHEDULE 3 - Graduated licensing savings and transitional provisions

Regulation 184

1.    Interpretation

In this Schedule –

active L1 licence means an L1 learner licence in force under the former regulations that, on the commencement day, was not suspended;

active L2 licence means an L2 learner licence in force under the former regulations that, on the commencement day, was not suspended;

active P1 licence means a P1 provisional licence in force under the former regulations that, on the commencement day, was not suspended;

active P2 licence means a P2 provisional licence in force under the former regulations that, on the commencement day, was not suspended;

commencement day means the day on which the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Graduated Licensing) Regulations 2020 take effect;

expired L2 licence means an L2 learner licence in force under the former regulations that, on or after the commencement day, had expired for a period of not more than 90 days;

former regulations means the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 as in force before the commencement day;

suspended L1 licence means an L1 learner licence in force under the former regulations that, on the commencement day, was subject to a suspension;

suspended L2 licence means an L2 learner licence in force under the former regulations that, on the commencement day, was subject to a suspension;

suspended P1 licence means a P1 provisional licence in force under the former regulations that, on the commencement day, was subject to a suspension;

suspended P2 licence means a P2 provisional licence in force under the former regulations that, on the commencement day, was subject to a suspension.

2.    Transitional provisions for existing licence holders

(1) Unless otherwise specified in this Schedule, on and after the commencement day these regulations apply to –

(a) the holder of an active L1 licence as if a reference in these regulations to a learner licence were a reference to the active L1 licence; and

(b) the holder of a suspended L1 licence as if a reference in these regulations to a learner licence that is suspended were a reference to the suspended L1 licence; and

(c) the holder of an active L2 licence as if a reference in these regulations to a learner licence were a reference to the active L2 licence; and

(d) the holder of a suspended L2 licence as if a reference in these regulations to a learner licence that is suspended were a reference to the suspended L2 licence.

(2) Regulation 17(3) does not apply in respect of the holder of an active P2 licence, or suspended P2 licence, while the licence is in force.

(3) Regulation 18 does not apply in respect of the holder of an active P1 licence, or suspended P1 licence once the licence is no longer suspended, while the licence is in force.

(4) For the purposes of these regulations, the following provisions apply to the holder of an active L2 licence, suspended L2 licence or expired L2 licence:

(a) regulation 24(2) does not apply in respect of the holder of the relevant L2 licence;

(b) before applying for a P1 provisional licence, the holder of the relevant L2 licence must have held the L2 licence for –

(i) a continuous period of 9 months; or

(ii) such further continuous period as is specified in the novice case management program in force in respect of the holder of the licence;

(c) before applying for a P1 provisional licence, the holder of the relevant L2 licence must have recorded in his or her learner driver logbook –

(i) at least 50 hours of experience driving a car; or

(ii) such other period of experience driving a car as is specified in a novice case management program in force in respect of the holder of the licence;

(d) a determination made by the Registrar under regulation 24(4) applies in respect of the hours of experience driving a car to be recorded in the learner driver logbook of the holder of the relevant L2 licence on the successful completion of a specified activity.

(5) If a person holds a P1 provisional licence on the commencement day, the fee payable for the issue of a P2 licence to the person is –

(a) 7 fee units, if the person is an eligible pensioner or eligible asylum seeker; or

(b) 14 fee units, if the person is not an eligible pensioner or eligible asylum seeker.

3.    Safer driver reward transitional provisions

If the holder of a P2 provisional licence completes his or her P2 stage before the commencement day, regulation 130 of the former regulations, as in force immediately before the commencement day, applies to the holder if –

(a) the holder meets the requirements of that regulation as so in force; and

(b) the holder applies for a refund under that regulation within 12 months after the commencement day.

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 28 May 2021

These regulations are administered in the Department of State Growth.