Road Transport (Driver Licensing) Act 1999

This Act is the Road Transport (Driver Licensing) Act 1999.

Note 1 This Act is part of the road transport legislation. See the Road Transport (General) Act 1999 for various provisions about the administration and enforcement of the road transport legislation generally.

Note 2 Other road transport legislation includes the following:

 Motor Accident Injuries Act 2019

 Road Transport (Alcohol and Drugs) Act 1977

 Road Transport (General) Act 1999

 Road Transport (Public Passenger Services) Act 2001

 Road Transport (Safety and Traffic Management) Act 1999

 Road Transport (Vehicle Registration) Act 1999.

Note 3 Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).

Note 4 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

The objects of this Act are—

to provide for a driver licensing system in the ACT that is part of a uniform national approach to driver licensing (including uniform driver licence classes and licence eligibility criteria); and

to define the responsibilities of people in relation to driver licensing; and

to provide a way of authorising the driving of motor vehicles on roads and road related areas and of identifying people as licensed drivers of motor vehicles; and

to facilitate the regulation of drivers of motor vehicles in the interests of road safety and transport efficiency and law enforcement generally; and

to provide a way of enforcing safety standards relating to the driving of motor vehicles on roads and road related areas; and

to facilitate—

the recovery of expenses of administering the driver licensing system; and

the collection of fees determined for this Act under the Road Transport (General) Act 1999; and

to provide for other matters relating to learner, probationary, provisional, public vehicle and restricted licences; and

to improve road safety and transport efficiency, and reduce the costs of administering road transport.

Note This Act establishes a driver licensing system, including a demerit points system, and provides for the classes of driver licences and for the issue, suspension, cancellation and renewal of driver licences.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms, and includes references (signpost definitions) to other terms defined elsewhere in this Act or elsewhere in the road transport legislation.

For example, the signpost definition ‘road transport legislation—see the Road Transport (General) Act 1999, section 6.’ means the term ‘road transport legislation’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155).

A note in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, sch 2 applies to the following offences against this Act (see Code, pt 2.1):

 s 31A (Offence—driving while right to drive suspended)

 s 33A (Contravening interlock condition).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for an offence to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The functions of the road transport authority under this Act are—

to administer the driver licensing system established under this Act; and

to keep a driver licence register under this Act; and

to keep a demerit points register under this Act; and

to provide information about drivers in accordance with this Act and other laws in force in the ACT; and

to administer any scheme for driver training or the accreditation of driving instructors established by regulation; and

to exercise any other functions given to the authority under this Act.

In exercising functions under this Act, the road transport authority may, in accordance with this Act—

issue or refuse to issue a driver licence to a person; and

renew or refuse to renew a driver licence issued to a person; and

cancel or suspend a driver licence issued to a person; and

impose conditions on a driver licence; and

collect fees, charges and other amounts determined for this Act under the Road Transport (General) Act 1999; and

exercise other powers given to the authority under this Act.

The driver licence register and demerit points register may include information given to the road transport authority under this Act and any other information the authority considers appropriate.

The driver licence register and demerit points register may be kept in the form of, or as part of, 1 or more computer databases or in any other form the road transport authority considers appropriate.

The road transport authority may correct any mistake, error or omission in the driver licence register or the demerit points register subject to the requirements (if any) prescribed by regulation.

This section does not limit the functions of the road transport authority in relation to the driver licence register or demerit points register.

The road transport authority must ensure that information in the driver licence register or demerit points register is kept securely and disclosed only in accordance with this Act or another law in force in the ACT.

Note 1 The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014, sch 1).

Note 2 Access to the register may be sought under the Freedom of Information Act 2016 (which also provides that certain information is exempt from disclosure).

The road transport authority may issue a driver licence (including a driver licence as varied) to a person only if—

the authority is satisfied the person is a resident of the ACT; and

the person is eligible under this Act to be issued with the driver licence; and

the person has surrendered, in accordance with the regulations, any Australian driver licence or external driver licence held by the person.

However, the road transport authority may issue the driver licence to the person without the person surrendering an Australian driver licence or external driver licence if the authority is satisfied the licence has been stolen, lost or destroyed.

Also, if the person holds an external driver licence, the road transport authority may issue the driver licence to the person without the person surrendering the external driver licence in the circumstances prescribed by regulation.

The road transport authority must not renew a person’s driver licence if the authority is satisfied the person is no longer a resident of the ACT.

Subsections (1) and (4), as far as they require a person to be a resident of the ACT, do not apply to––

a person who lives temporarily outside the ACT; or

a person who is the holder of a foreign driver licence who is eligible to apply for, or be issued with, a probationary licence because of the regulation, section 103AA (Overseas drivers––eligibility criteria).

This section does not limit the other circumstances in which the road transport authority may refuse to issue, vary or renew a driver licence.

The road transport authority must, in accordance with the regulations, recognise—

Australian driver licences issued by the licensing authorities of other jurisdictions; and

conditions that apply to those licences, other than conditions that apply only in circumstances that are unique to another jurisdiction or that are prescribed by regulation.

A regulation may make provision in relation to the effect of the recognition of licences and licence conditions by the road transport authority.

If the holder of an Australian driver licence issued by the licensing authority of another jurisdiction commits an offence against a territory law that is included in the national schedule of demerit points, the road transport authority must give all relevant information about the offence to the licensing authority of the other jurisdiction.

If a person, who is not the holder of an Australian driver licence and who ordinarily lives in another jurisdiction, commits an offence against a territory law that is included in the national schedule of demerit points, the road transport authority must give all relevant information about the offence to the licensing authority of the other jurisdiction.

However, the road transport authority is not required to give information under subsection (1) or (2) until—

if the person is convicted, or found guilty, of the offence—the last day when the person could have appealed against the conviction or finding or, if the person appeals against the conviction or finding, the appeal is dismissed or discontinued; or

the person is served with an infringement notice for the offence and the infringement notice penalty for the offence is paid in whole or in part; or

if the person is served with an infringement notice for the offence and the person applies in accordance with the Road Transport (General) Act 1999 for additional time to pay the infringement notice penalty for the offence or do a relevant thing—the administering authority for the offence allows the person additional time to do the thing; or

if the person is served with an infringement notice for the offence and the person does not pay the infringement notice penalty for the offence or do a relevant thing—the time within which the thing is required to be done under that Act has ended.

Note For when an infringement notice penalty is payable etc, see the Road Transport (General) Act 1999, div 3.2.

If the road transport authority receives information about a person from the licensing authority of another jurisdiction under a provision of a law of the other jurisdiction that corresponds to subsection (1) or (2), the authority must take the action under this Act that the authority would have taken if the offence had been committed in the ACT against a territory law.

In this section:

relevant thing means—

apply for either of the following in accordance with the Road Transport (General) Act 1999:

an infringement notice management plan or, if the person has an infringement notice management plan, the addition of the infringement notice penalty to the plan;

waiver of the infringement notice penalty; or

apply for withdrawal of the infringement notice in accordance with the Road Transport (General) Act 1999; or

give an infringement notice declaration in accordance with the Road Transport (General) Act 1999; or

give a notice disputing liability for the offence in accordance with the Road Transport (General) Act 1999.