Road Transport (Driver Licensing) Regulation 2017

This Regulation is the Road Transport (Driver Licensing) Regulation 2017.

This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Road Transport (Driver Licensing) Regulation 2008, which is repealed on 1 September 2017 by section 10(2) of the Subordinate Legislation Act 1989.

The object of this Regulation is to assist in providing for the consistent administration and enforcement of a driver licensing system throughout Australia.

In this Regulation—

address, for the service of notices, includes an electronic address.

alcohol interlock program, in relation to a person, means an interlock program referred to in Division 2 of Part 7.4 of the Act the participants in which are holders of interlock driver licences.

allied professional practitioner means a psychologist, an optometrist or an occupational therapist.

applicable fee—see clause 116.

approved form means a form approved by Transport for NSW.

articulated bus means a bus consisting of more than one rigid section with passenger access between the sections and the sections connected to one another so as to allow rotary movement between the sections.

Assessing Fitness to Drive means the publication Assessing Fitness to Drive published by Austroads Ltd and approved by the Transport and Infrastructure Council, as in force from time to time.

average speed detection zone means a length of road to which an average speed detection zone sign applies, being a length of road beginning at an average speed detection zone sign and ending 300 metres along the length of road in the direction driven by a driver on the road who faces the sign before passing it.

average speed detection zone sign means a traffic sign bearing the words “AVERAGE SPEED”.

bus means a motor vehicle built mainly to carry people that seats over 9 adults (including the driver).

car licence means a licence referred to in clause 7(3).

car-based motor tricycle means a motor trike that—

has the category of LEM, LEP or LEG—

as displayed on an identification plate on the motor trike issued under the Motor Vehicle Standards Act 1989 of the Commonwealth as in force immediately before its repeal, or

as recorded on the RAV for the motor trike, and

has a GVM that is not greater than 1 tonne, and

is constructed or equipped to seat not more than 3 adult persons including the driver, and

has a rear mounted engine of a kind manufactured for a motor car, and

has a transmission of a kind manufactured for a motor car with direct drive to the rear wheels, and

has at least 2 of the following characteristics—

pedal operated clutch or automatic transmission,

pedal operated fully integrated braking system,

left-hand operated gear stick not mounted on the handlebars.

class B motor vehicle means—

a motor vehicle with a GVM exceeding 4.5 tonnes but not exceeding 12 tonnes, or

a motor vehicle and trailer combination with a GCM exceeding 4.5 tonnes but not exceeding 12 tonnes.

class C motor vehicle means a coach or a motor vehicle with a GVM of more than 12 tonnes.

competency based assessment has the same meaning as in clause 59.

Contracting State means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949.

converter dolly has the same meaning as it has in the Road Transport (Vehicle Registration) Regulation 2017.

external interlock driver licence means an Australian driver licence of another jurisdiction that is subject to a requirement under a law of that jurisdiction allowing the holder to drive only a motor vehicle fitted with an interlock device (however described).

foreign driver licence means a licence to drive a motor vehicle held by an international visitor and issued by a driver licensing authority in the country in which the person is ordinarily resident.

heavy combination vehicle licence means a licence referred to in clause 7(8).

heavy rigid vehicle licence means a licence referred to in clause 7(7).

implement means a motor vehicle (other than a mobile crane) that comprises an excavator, road grader, road roller, bulldozer, forklift truck or other machinery or apparatus and is not constructed on a chassis of a type normally used in the construction of a motor lorry.

international driving permit means a permit issued by—

a competent authority of a Contracting State or a subdivision of such a State, or

an association duly empowered by such an authority in accordance with the United Nations Convention on Road Traffic, Geneva, 1949.

international visitor means a person who—

is ordinarily resident in a foreign country, and

is not a permanent resident of Australia.

licence class—see clause 5.

licence expiry date means the date recorded in the driver licence register, in accordance with clause 100(1)(g), as the date on which the driver licence expires.

light rigid vehicle licence means a licence referred to in clause 7(5).

medium rigid vehicle licence means a licence referred to in clause 7(6).

motor bike means a motor vehicle with 2 wheels and includes—

a 2 wheeled motor vehicle with a side car attached to it and supported by a third wheel, and

a 3 wheeled motor vehicle with twinned wheels, within the meaning of the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 determined under the Road Vehicle Standards Act 2018 of the Commonwealth, section 12.

motor trike means a motor vehicle with 3 wheels, but does not include—

a 2 wheeled motor vehicle with a side car attached to it and supported by a third wheel, or

a 3 wheeled motor vehicle with twinned wheels, within the meaning of the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 determined under the Road Vehicle Standards Act 2018 of the Commonwealth, section 12.

motorcycle licence means a licence referred to in clause 7(2).

multi-combination vehicle licence means a licence referred to in clause 7(9).

NSW driver licence means a driver licence within the meaning of the Act.

prime mover means a motor vehicle built to tow a semi-trailer.

provisional P1 licence means a provisional licence issued in accordance with clause 20.

provisional P2 licence means a provisional licence issued in accordance with clause 27.

RAV means the Register of Approved Vehicles kept under the Road Vehicle Standards Act 2018 of the Commonwealth, section 14(1).

relevant external driver licence means—

an Australian driver licence issued by a driver licensing authority in another State or an internal Territory, or

a foreign driver licence (other than a foreign driver licence that authorises its holder to learn to drive a motor vehicle).

Note.

The definition of Australian driver licence in section 4(1) of the Act does not include a learner licence issued in another State or Territory.

rigid means not articulated, other than in respect of an articulated bus.

road and road related area are defined in section 4(1) of the Act.

Safe-T-Cam sign means a traffic sign bearing the words “SAFE-T-CAM MANAGING SPEED AND FATIGUE”.

Safe-T-Cam zone means a length of road to which a Safe-T-Cam sign applies, being a length of road beginning at a Safe-T-Cam sign and ending 300 metres along the length of road in the direction driven by a driver on the road who faces the sign before passing it.

school zone means a school zone (as defined in rule 23 of the Road Rules 2014), but only during any period in which the speed limit indicated by a school zone sign has effect, as referred to in rule 318(3–1) of those Rules.

semi-trailer has the same meaning as it has in the Road Transport (Vehicle Registration) Regulation 2017.

the Act means the Road Transport Act 2013.

trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle but does not include a motor vehicle being towed.

Note.

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

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

Note.

For the purposes of comparison, a number of provisions of this Regulation contain bracketed notes in headings drawing attention (cf) to equivalent or comparable (though not necessarily identical) provisions of the Road Transport (Driver Licensing) Regulation 2008 (2008 Reg), as in force immediately before the repeal of that Regulation by section 10(2) of the Subordinate Legislation Act 1989.

For the purposes of this Regulation, the classes of driver licence are as follows—

motorcycle licence,

car licence,

light rigid vehicle licence,

medium rigid vehicle licence,

heavy rigid vehicle licence,

heavy combination vehicle licence,

multi-combination vehicle licence.

A licence class may be shown on a driver licence by means of a symbol or by the code (the licence code) shown opposite the relevant licence class in the following table.

Licence class

Licence code

motorcycle licence

R

car licence

C

light rigid vehicle licence

LR

medium rigid vehicle licence

MR

heavy rigid vehicle licence

HR

heavy combination vehicle licence

HC

multi-combination vehicle licence

MC

A licence class may be described by reference to its licence code.

For the purposes of this Regulation, the hierarchy of licence classes, ordered from the lowest to the highest class, is as follows—

car licence,

light rigid vehicle licence,

medium rigid vehicle licence,

heavy rigid vehicle licence,

heavy combination vehicle licence,

multi-combination vehicle licence.

A motorcycle licence is not included in the hierarchy.

The holder of a licence of a particular class may drive motor vehicles of a particular kind, as set out in this clause, and motor vehicles in any lower class according to the hierarchy of licence classes.

The holder of a motorcycle licence may drive a motor bike or motor trike, other than a motor trike that has a body type commonly known as, or similar to, a sedan, station wagon, coupe, convertible, roadster, utility, tray top or van.

The holder of a car licence may drive any of the following—

a motor vehicle with a GVM that is not greater than 4.5 tonnes and that is constructed or equipped to seat not more than 12 adults (including the driver),

a car-based motor tricycle,

any tractor or implement.

However, the authority conferred by a car licence does not entitle the holder to drive—

a motor bike, or

a motor trike (other than a car-based motor tricycle) that does not have a body type commonly known as, or similar to, a sedan, station wagon, coupe, convertible, roadster, utility, tray top or van.

The holder of a light rigid vehicle licence may drive a motor vehicle that—

has a GVM greater than 4.5 tonnes but not greater than 8 tonnes, or

seats more than 12 adults (including the driver) and has a GVM not greater than 8 tonnes.

The holder of a medium rigid vehicle licence may drive a motor vehicle that has 2 axles and a GVM greater than 8 tonnes.

The holder of a heavy rigid vehicle licence may drive a motor vehicle (including an articulated bus, but not including any other articulated vehicle) that has 3 or more axles and a GVM greater than 8 tonnes.

The holder of a heavy combination vehicle licence may drive—

a prime mover to which is attached a single semi-trailer plus any unladen converter dolly, or

a rigid motor vehicle to which is attached a trailer that has a GVM greater than 9 tonnes plus any unladen converter dolly.

The holder of a multi-combination vehicle licence may drive any motor vehicle or combination of vehicles other than a motor bike or motor trike described in subclause (2).

The holder of a car licence or light rigid vehicle licence may drive a motor vehicle covered by that licence class that is towing a single trailer with a GVM not greater than 9 tonnes, but only if—

in the case of a motor vehicle that has a GVM of up to 4.5 tonnes, the requirements of any law in force in this State in relation to the mass limits for combinations of light vehicles are met, or

in the case of a motor vehicle that has a GVM greater than 4.5 tonnes, the mass limits for combinations specified by or under the Heavy Vehicle National Law (NSW) are met.

The holder of a medium rigid vehicle licence or heavy rigid vehicle licence may drive a motor vehicle covered by that licence class that is towing a single trailer (other than a trailer commonly known as a semi-trailer) that has a GVM not greater than 9 tonnes, but only if the mass limits for combinations specified by or under the Heavy Vehicle National Law (NSW) are met.

Nothing in subclause (2) prevents the holder of a medium rigid vehicle licence or heavy rigid vehicle licence from towing a car carrier, horse float or like trailer that has a GVM not greater than 9 tonnes.

The driver of a vehicle towing a semi-trailer must hold a heavy combination vehicle licence or a multi-combination vehicle licence.

The requirement under subclause (4) does not apply if the semi-trailer has a GVM not greater than 9 tonnes.

A condition to which a driver licence is subject may be shown on the driver licence by means of a code or symbol.

The holder of a conditional licence must, if required to do so by Transport for NSW, carry, when driving, any notice issued by Transport for NSW containing a full explanation of the conditions to which the licence is subject.

Maximum penalty—20 penalty units.

The holder of an Australian driver licence issued by a driver licensing authority in another jurisdiction that is a conditional licence bearing the code X, and that refers to a condition imposed under a provision of a law of that jurisdiction corresponding to this clause or clause 65, must carry—

the licence issued by the driver licensing authority in that jurisdiction that contains a full explanation of the conditions to which the licence is subject when driving in this State, or

if the licence does not contain such an explanation, a notice issued by the driver licensing authority in that jurisdiction containing a full explanation of the conditions to which the licence is subject when driving in this State.

Maximum penalty—20 penalty units.

A condition code in the first column of the table to this subclause may be used on a driver licence to indicate that the licence is subject to the licence condition set out in the second column opposite that code.

Condition code

Licence condition

A

The holder must drive only a motor vehicle fitted with an automatic transmission.

B

If the holder drives a heavy vehicle, the vehicle must be fitted with a synchromesh transmission or automatic transmission.

E

If the holder is the rider of a motor bike or motor trike, the motor bike or motor trike must be of restricted engine capacity as notified by Transport for NSW to the holder on issue or variation of the licence.

I

The holder must drive only a motor vehicle fitted with an approved interlock device within the meaning of Part 3.3 of the Act.

S

The holder must wear corrective lenses at all times while driving.

V

The holder must drive only a motor vehicle fitted with specified driver aids, or modified as directed by Transport for NSW or printed on the licence.

X

The holder must comply with any condition of which the holder has been notified by Transport for NSW on issue or variation of the licence or that is printed on the licence.

Z

The holder must not drive with a breath or blood alcohol concentration of 0.02 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.

A short description of a licence condition may be printed on a driver licence.

A driver licence must show—

a licence number for the person to whom it is issued, and

the full name of the person, and

a photograph of the person, and

the person’s date of birth, and

the person’s residential address, and

the person’s signature (or a reproduction of that signature), and

the class or classes of licence held by the person, and

the expiry date of the licence, and

the code of any condition to which the licence is subject.

Despite subclause (1)(e), Transport for NSW may issue a driver licence showing an alternative address to any of the following persons—

a judicial officer within the meaning of the Judicial Officers Act 1986,

a Crown Prosecutor appointed under the Crown Prosecutors Act 1986,

a police officer if the NSW driver licence register indicates that information relating to that officer’s residential address is suppressed,

a person who was previously a person specified in paragraph (a), (b) or (c),

a person who lives at the same residential address as a person referred to in paragraph (a), (b) , (c) or (c1).

Transport for NSW may include on a driver licence a code or symbol, together with a statement, to indicate the following—

that the holder of the driver licence may satisfy certain criteria to drive a vehicle that provides a service to convey passengers for a fare, including a passenger service (within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016) or a public passenger service (within the meaning of the Passenger Transport Act 2014),

on a driver licence issued to a temporary overseas visitor—that the licensee has not provided Transport for NSW with evidence of permanent resident status.

In this clause, temporary overseas visitor means a person who—

is not an Australian or New Zealand citizen, and

is not a permanent resident of Australia.

A person is eligible to apply for a learner licence if the person meets the relevant eligibility requirements set out in this clause, or is exempted from being required to do so—

in any case (including a learner licence of class R)—by Transport for NSW under Part 5, or

in the case of a learner licence of class R—under subclause (4A).

The relevant eligibility requirement for a learner licence that is a car licence is that the person is at least 16 years of age.

The relevant eligibility requirements for a learner licence of class R are—

that the person is at least 16 years and 9 months of age, and

that, within the previous 3 months, the person has been assessed under a competency based assessment as competent to hold the licence.

Transport for NSW may grant a learner licence to an applicant who is under the required age, but only if Transport for NSW is satisfied that special circumstances exist that justify the granting of a learner licence to the person.

Transport for NSW may, unconditionally or subject to conditions, exempt by notice any person or class of persons from the eligibility requirement in subclause (3)(b).

Without limiting subclause (4A), Transport for NSW may exempt a person from the eligibility requirement in subclause (3)(b) if—

the person resides in a place that Transport for NSW is satisfied would make it impracticable for the person to be assessed under the competency based assessment, and

the person does any other thing required by Transport for NSW (including any thing required under clause 54(2)) instead of being assessed under the competency based assessment.

Despite any other provision of this clause, a learner licence may be granted for any period to a person whose provisional licence, not being a motorcycle licence, has been cancelled.