Conditions on licences
33 Conditions on licences
A driver licence is subject to the conditions, if any, imposed by the Registrar.
In determining licence conditions, the Registrar – must have regard to the interests of road safety; and may attach, by way of condition, to a licence of a particular type or class a requirement that normally attaches to a licence of a different type or class.
Without limiting subregulation (1), the conditions may include one or more of the following:a condition that the holder of the licence must not drive a motor vehicle unless it is fitted with an automatic transmission (A); a condition that the holder of the licence must not drive a motor cycle unless it is fitted with an automatic transmission (A1); a condition that the holder of the licence must not drive a heavy vehicle unless it is fitted with an automatic transmission (A2); a condition that the holder of the licence must not drive a heavy vehicle unless it is fitted with a synchromesh transmission (B); a condition that the holder of the licence must not drive a motor cycle other than a learner approved motor cycle (E); a condition that the holder of the licence must not drive a motor vehicle except in accordance with Part 5, as applicable (I); a condition that the holder of the licence must not drive a motor vehicle unless wearing corrective lenses allowing distance vision in accordance with a relevant medical standard (S); a condition that the holder of the licence must not drive a motor vehicle unless the vehicle is fitted with aids specified by the Registrar, or the vehicle has been modified as directed by the Registrar (V); a condition that the holder of the licence must not drive a motor vehicle with a breath or blood alcohol concentration greater than zero (Z); any other condition that the Registrar considers appropriate and notifies in writing to the holder of the licence (X).
The code for designating a particular licence condition is shown in subregulation (3) in parenthesis.
The Registrar is not to impose an I condition under subregulation (1) on a learner licence unless – the holder of the learner licence also holds a full licence, or a provisional licence, of another class at the same time as holding the learner licence; or the Registrar believes that it is appropriate in the circumstances.
A driver who holds an Australian driver licence that is subject to a condition referred to in subregulation (3)(j), or the corresponding provision of a corresponding law, must carry while driving a notice explaining the condition issued by the Registrar under these regulations or by the authority responsible for administering the corresponding law. Fine not exceeding 10 penalty units.
In addition to any other condition that may be imposed, a probationary licence may be issued on one or more of the following conditions:a condition that the holder of the licence must not drive a motor vehicle with a breath or blood alcohol concentration greater than zero (Z); a condition making the licence liable to suspension or cancellation if 2 or more demerit points are recorded against the holder of the licence.
A condition referred to in subregulation (7)(b) that is imposed on a licence does not affect, in respect of the licence, the operation of the demerit points scheme.
Subject to regulation 71, the Registrar may, on the Registrar's own initiative, or on application by the holder of a driver licence, vary or revoke a condition of the licence.
A variation or revocation of a condition takes effect on the service of the notice of variation or revocation on the holder of the licence.
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