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reg 21

Recommencement or extension of provisional period on conviction for prescribed offence

In force
Part 2Driver Licences
Division 2Learner, provisional and other inexperienced drivers

21 Recommencement or extension of provisional period on conviction for prescribed offence

In this regulation – relevant offence means a prescribed offence within the meaning of section 13B of the Act.

For the purposes of section 13B of the Act, the following are prescribed offences:exceeding the applicable speed-limit by 10km/h or more; using a hand-held mobile phone, in contravention of regulation 300(1) or (1A) of the Road Rules or a substantially equivalent law of another jurisdiction; failing to wear a seatbelt, in contravention of regulation 264(1) of the Road Rules or a substantially equivalent law of another jurisdiction; failing to wear a helmet, in contravention of regulation 270(1) of the Road Rules or a substantially equivalent law of another jurisdiction; failing to display P-plates, in contravention of regulation 17(2) or (3) or a substantially equivalent law of another jurisdiction; transporting more than one passenger, who has attained the age of 16 years but not attained the age of 22 years, in contravention of regulation 18 or a substantially equivalent law of another jurisdiction; driving a motor cycle in contravention of regulation 19(2) or a substantially equivalent law of another jurisdiction.

If a novice driver or novice rider is convicted of a relevant offence while he or she holds a P1 provisional licence, the period for which he or she has held the licence is to be ignored and he or she is taken to have been issued with the licence as at the date of the offence.

If a novice driver or novice rider who is in the P1 stage is convicted of a relevant offence while he or she is not the holder of a P1 provisional licence – the period for which he or she previously held a P1 provisional licence is to be ignored; and he or she must obtain another P1 provisional licence and hold it for 12 continuous months before being eligible to apply for a P2 provisional licence.

If a novice driver or novice rider in the P2 stage is convicted of a relevant offence that occurred while he or she was in the P1 stage, he or she is required to hold a P2 provisional licence for a period equivalent to the period from the date on which he or she was issued with a P1 provisional licence to the date of the offence, in addition to the period for which he or she is otherwise required to hold a P2 provisional licence under these regulations.

For the avoidance of doubt, the novice case management program, as it applies to a novice driver or novice rider to which this regulation applies, is in addition to the application of this regulation to the novice driver or novice rider.

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