Road Transport (Driver Licensing) Regulation 2017

The holder of a learner licence must not drive a motor vehicle (other than a motor bike or motor trike) on a road or road related area unless—

the seat next to the learner is occupied by a person who holds an Australian driver licence (not being an Australian learner licence or provisional licence) authorising the holder to drive such a vehicle, or by a police officer or a person authorised by Transport for NSW to test drivers who is submitting the learner to a driving test for the purposes of this Regulation, and

a sign, issued or authorised by Transport for NSW and displaying the letter “L” in black on a yellow background, is displayed—

on the exterior of the vehicle in a conspicuous position at the front and the rear of the vehicle, or a conspicuous position on the roof of the vehicle, and

in such a manner as to be clearly visible and not to in any way obscure the letter “L” on the sign when viewed from ahead of or behind the vehicle.

The offence under subclause (1)(a) is the offence of being the holder of a learner licence driving unaccompanied by a supervising driver for the purposes of section 224(1)(d) of the Act.

If a person is convicted of an offence under subclause (1)(a), the person is disqualified by the conviction (and without any specific order) from holding a driver licence—

for a period of 3 months, or

if the court on the conviction thinks fit to order a different period of disqualification determined in accordance with subclause (4), for the period specified in the order.

In determining a different period of disqualification under subclause (3), the court may specify a period that is—

more than 3 months but no more than 12 months, or

less than 3 months, but only if—

the person’s driver licence or authority to drive in New South Wales has been suspended for a period (the suspension period) under Division 4 of Part 7.4 of the Act for that offence, and

the specified disqualification period, when added to the suspension period, results in a total period of not less than 3 months.

The disqualification referred to in subclause (3) is in addition to any other penalty imposed for the offence.

A period of disqualification imposed under subclause (3) commences on the date of conviction for the offence to which it relates.

Transport for NSW may exempt a person from a requirement in subclause (1)(b) if the person, having held a licence other than a learner licence, currently holds a learner licence because of failing a test of driving ability that Transport for NSW required the person to take.

In this clause, a reference to a learner licence includes a reference to a foreign driver licence that has the same or similar effect as a learner licence.