Probationary driver licences
21 Probationary driver licences
S. 21(1) substituted by No. 5/1990 s. 5(1), amended by Nos 19/1991 s. 6(1), 89/1991 s. 6, substituted by Nos 17/1994 s. 6(1), 81/2006 s. 17(1).
If a driver licence is granted to a person who has not previously held one, that licence must, unless the regulations otherwise provide, be granted on probation in accordance with the regulations, until the latest of—
the date specified in the licence, or that date as extended in accordance with the regulations; or
S. 21(1)(b) amended by Nos 5/2016 s. 37(Sch. 2 item 3), 49/2019 s. 116(Sch. 1 item 41(a)).
the date on which the person passes any appropriate tests or assessments that the Secretary requires him or her to pass to obtain a full driver licence; or
the date on which the person complies with any prescribed procedures and requirements.
S. 21(1A) inserted by No. 5/1990 s. 5(1), amended by No. 46/2024 s. 29(1).
A person who holds a probationary driver licence must have the probationary driver licence document in the person's possession at all times while driving or in charge of a motor vehicle.
Penalty: 5 penalty units.
S. 21(1B) inserted by No. 46/2024 s. 29(2).
For the purposes of subsection (1A), a person has a digital driver licence document in the person's possession if the person has in the person's possession an electronic device—
to which the digital driver licence document has been delivered using the software application approved under section 23AA; and
that is capable of displaying the person's current digital driver licence document.
S. 21(2) amended by Nos 19/1991 s. 6(2), 89/1991 s. 17(3)(a)(b), 17/1994 s. 6(2), substituted by No. 81/2006 s. 17(2), amended by Nos 28/2009 s. 5, 49/2019 s. 116(Sch. 1 item 41(b)(i)).
If a driver licence which is granted to a person on probation expires, or is cancelled by a court or the Secretary or by operation of this Act, before the completion of the full cumulative probationary period applicable to the holder of the licence and subsequently a new driver licence is granted to the person, that new licence must, unless the regulations otherwise provide, be granted on probation in accordance with the regulations, until the latest of—
the date specified in the licence, or that date as extended in accordance with the regulations; or
S. 21(2)(b) amended by Nos 5/2016 s. 37(Sch. 2 item 3), 49/2019 s. 116(Sch. 1 item 41(b)(ii)).
the date on which the person passes any appropriate tests or assessments that the Secretary requires him or her to pass to obtain a full driver licence; or
the date on which the person complies with any prescribed procedures and requirements.
S. 21(3) repealed by No. 46/2002 s. 4, new s. 21(3) inserted by No. 81/2006 s. 17(2).
Regulations for the purpose of this section may—
provide for different classes of probationary driver licences depending on a person's age, experience or any other factor;
provide for the period of probation in respect of each class of probationary driver licence;
provide that a person who holds a probationary driver licence of one class must, after completing that period of probation, hold a probationary driver licence of another class before being granted a full driver licence;
S. 21(3)(d) amended by No. 5/2016 s. 36(Sch. 1 item 6(a)).
provide for the extension of a probationary period in the case of a person who commits a specified offence or who has his or her driver licence suspended;
S. 21(3)(e) amended by Nos 5/2016 s. 37(Sch. 2 item 3), 49/2019 s. 116(Sch. 1 item 41(c)).
require a person who holds a probationary driver licence of one class to pass any appropriate tests or assessments that the Secretary requires, and to comply with any other procedures or requirements, before being granted a probationary driver licence of another class.
S. 21(4) amended by No. 5/1990 s. 5(2), repealed by No. 46/2002 s. 4, new s. 21(4) inserted by No. 74/2007 s. 6.
Without limiting subsection (3), regulations for the purpose of this section may provide that probationary driver licences granted to persons under the age of 21 may have longer terms than the terms that usually apply to probationary drivers licences granted to persons who are 21 years of age or more.
S. 21(5) repealed by No. 46/2002 s. 4.
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S. 21(6) inserted by No. 19/1991 s. 6(3), substituted by No. 81/2006 s. 17(3), amended by No. 5/2016 s. 36(Sch. 1 item 6(b)).
A reference in this Act or the regulations to the probationary period, or the period of probation, of a driver licence must be taken to be a reference to the period ending on the latest of—
the date specified in the licence, or that date as extended in accordance with the regulations; or
S. 21(6)(b) amended by Nos 5/2016 s. 37(Sch. 2 item 3), 49/2019 s. 116(Sch. 1 item 41(c)).
the date on which the person passes any appropriate tests or assessments that the Secretary requires him or her to pass to obtain a full driver licence; or
the date on which the person complies with any prescribed procedures and requirements.
S. 21(7) inserted by No. 17/1994 s. 6(3), amended by No. 56/2013 s. 18, repealed by No. 5/2016 s. 22.
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S. 21A inserted by No. 74/2013 s. 14.
This provision refers to the regulations (the regulations
). Made under this Act:
- Road Safety (Automated Vehicles) Regulations 2018 · under section 95
- Road Safety (Drivers) Regulations 2019 · under section 95
- Road Safety (Driving Instructors) Regulations 2020 · under section 95
4 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Second reading speech
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