Driving Instructors Act 1992

This Act may be cited as the Driving Instructors Act 1992.

This Act commences on a day or days to be appointed by proclamation.

The primary objects of this Act include—

to ensure that driving instructors meet minimum standards relating to competency and performance in driving instruction, probity and character in order to protect the community and to benefit the driving instruction industry, and

to minimise the potential for corruption in the driving instruction industry and inappropriate behaviour by driving instructors, and

to promote the safety and protection of persons receiving driving instruction.

In this Act—

application includes an application for the renewal of a licence.

authorised officer means a person authorised in writing by Transport for NSW for the purposes of the provision of this Act in which the expression is used.

driver licence means—

an Australian driver licence under the Road Transport Act 2013 (other than a learner licence, a provisional licence, a probationary licence or a restricted licence within the meaning of that Act), or

a corresponding licence under the law for the time being in force in any other country,

to drive all classes of motor vehicles (or motor vehicles of the relevant class).

driving instructor is defined in section 4.

driving school is defined in section 5.

instructions includes advice, demonstrations and courses of training.

licence means a licence under this Act.

misconduct means any conduct of the following kind—

sexual assault, whether in connection with the provision of driving instruction or otherwise,

sexual harassment in connection with the provision of driving instruction (including making an unwelcome sexual advance, or an unwelcome request for sexual favours, to a person, or engaging in other unwelcome conduct of a sexual nature in relation to a person),

fraud or dishonesty punishable on conviction by imprisonment, whether in connection with the provision of driving instruction or otherwise,

the commission of any offence involving dangerous driving, whether in connection with the provision of driving instruction or otherwise,

the commission of any offence involving assault, whether in connection with the provision of driving instruction or otherwise.

motor vehicle means a motor vehicle (including any trailer towed by the vehicle) within the meaning of the Road Transport Act 2013.

Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

In this Act, a reference to a relevant class of motor vehicles is a reference to a class of motor vehicles in respect of which the applicant for a licence has applied.

Notes included in this Act do not form part of this Act.

For the purposes of this Act, a driving instructor is a person—

who—

instructs another person for the purpose of teaching that other person to drive a motor vehicle, or

tests or assesses another person for the purpose of enabling that other person to obtain a driver licence or have it varied, and

receives a monetary or other reward for so teaching, testing or assessing (whether from the person being instructed, tested or assessed or otherwise).

Subject to the regulations, any other reference in this Act (including subsections (2) and (3)) to a driving instructor or other person giving driving instructions to another person includes a reference to testing or assessing another person for the purpose of enabling that other person to obtain a driver licence or have it varied.

It does not matter whether the driving instructor gives instructions on the instructor’s own account or in conjunction with any other person or as the agent or employee of any other person.

However, the regulations may provide that certain persons or classes of persons are not driving instructors for the purposes of this Act.

For the purposes of this Act, a driving school is a business (including any franchise or co-operative) that—

provides persons with instructions for the purpose of teaching those persons to drive motor vehicles, or

tests or assesses persons for the purpose of enabling those persons to obtain driver licences or have them varied.

A person must not act as a driving instructor unless the person is the holder of a licence.

Maximum penalty—50 penalty units.

A person must not engage or permit another person to act, as the person’s employee or agent, as a driving instructor unless that other person is the holder of a licence.

Maximum penalty—50 penalty units.

A person who is not the holder of a licence must not advertise or state that the person acts or is willing to act as a driving instructor.

A person who is not the holder of a licence authorising the person to act as a driving instructor in respect of motor vehicles of a particular class must not advertise or state that the person acts or is willing to act as a driving instructor in respect of vehicles of that class.

A person must not advertise or state that the person is willing to procure another person to act as a driving instructor, or as a driving instructor in respect of motor vehicles of a particular class, unless that other person is the holder of a licence authorising the person to act as a driving instructor or as a driving instructor in respect of the class concerned.

, (5) (Repealed)

Maximum penalty—50 penalty units.

A licence authorises its holder to act, in accordance with any conditions imposed on the licence, as a driving instructor.

An applicant for a licence is not eligible to be issued with a licence unless the applicant—

has reached the age of 21 years, and

is the holder of a driver licence, and

has, for a period of not less than 3 years during the period of 4 years before the date of the application, held a driver licence, and

has been authorised by Transport for NSW to undertake, and has passed, a course in driving instruction approved by Transport for NSW and conducted by an organisation approved by Transport for NSW, and

either holds a working with children check clearance granted under the Child Protection (Working with Children) Act 2012 that is applicable to the work to be permitted by the licence or has a current application for such clearance under that Act.

An applicant for a licence is not eligible to be issued with a licence—

while serving a period of good behaviour under section 36 of the Road Transport Act 2013 (or a corresponding provision under the law of any other State or Territory), or

if the applicant is subject to an interim bar under the Child Protection (Working with Children) Act 2012.

Transport for NSW may exempt any person or class of persons from the requirement under subsection (1) (d) to be authorised to undertake, or to pass, a course in driving instruction.

Transport for NSW must not authorise a person to undertake a course in driving instruction for the purposes of subsection (1) (d) unless—

the person has made an application for a licence in accordance with section 11, and

Transport for NSW is satisfied that the person is of good repute and good character.

Subsection (1) (e) does not apply if the applicant would be exempt from a working with children check clearance under the Child Protection (Working with Children) Act 2012 for the work permitted by the licence.

Transport for NSW may exempt any person or class of persons from the requirement under subsection (1) (e) to hold a clearance or to have a current application for such a clearance if the licence to be issued is limited to the instruction of persons who are 18 years old or older.

An application for a licence is to be in a form approved by Transport for NSW and is to be lodged with Transport for NSW.

The application is to be accompanied by the fee prescribed by the regulations.