Restrictions affecting certain motor cycle riders
59 Restrictions affecting certain motor cycle riders
Subject to subregulation (3), a person who has held a motor cycle licence for a period of less than 3 years must not—
drive a motor cycle other than a learner approved motor cycle; or
drive a motor cycle on which there is a pillion passenger; or
drive a motor cycle unless the headlights of the motor cycle are on at all times.
Penalty: 10 penalty units.
A person who holds a motor cycle learner permit must not—
drive a motor cycle other than a learner approved motor cycle; or
drive a motor cycle on which there is a pillion passenger; or
drive a motor cycle unless the headlights of the motor cycle are on at all times; or
drive a motor cycle unless the driver is wearing an approved high visibility vest or jacket that is visible and is securely fitted and fastened.
Penalty: 10 penalty units.
Reg. 59(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 41(a)).
The Secretary may specify that a person may hold a motor cycle licence for a shorter period than that required under subregulation (1) if satisfied that the person has motor cycle driving experience in another jurisdiction or another country.
Subregulations (1)(a), (1)(c), (2)(a), (2)(c) and (2)(d) do not apply to a police officer who, in the course of duty, is driving a motor cycle on which there is no pillion passenger.
Reg. 59(5) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 41(b)).
Subregulations (1)(a) and (2)(a) do not apply to a person who is driving a motor trike because the Secretary has issued a certificate to the person under subregulation (6).
Reg. 59(6) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 41(a)).
The Secretary may issue a certificate, subject to any conditions, that due to any illness, disability, medical condition or injury, or because of the effects of the treatment for any of those things, the person named in the certificate may ride a motor trike.
Reg. 59(7) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 41(b)).
For the purpose of this regulation, the Secretary may approve a motor cycle, or class of motor cycle, to be a learner approved motor cycle—
by notice published in the Government Gazette; or
Reg. 59(7)(b) amended by S.R. Nos 105/2020 reg. 82, 121/2021 reg. 4.
by issuing a certificate of registration, in accordance with the Road Safety (Vehicles) Regulations 2021[1], indicating that the motor cycle is a learner approved motor cycle.
In calculating the period for which a person has held a motor cycle licence referred to in subregulation (1) or (2), any period for which the person was not permitted to drive a motor vehicle must be excluded.
In this regulation, approved high visibility vest or jacket means a high visibility vest or jacket that meets and is labelled or marked to indicate that it meets at least one of the following standards for day and night high visibility garments and apparel—
AS/NZS 4602.1:2011;
ISO 20471:2013 High visibility clothing—Test methods and requirements;
ANSI/ISEA 107-2015 High-Visibility Safety Apparel and Accessories;
BS EN ISO 20471:2013+A1:2016 High‑visibility warning clothing for professional use. Test methods and requirements.
Notes
1 The Act provides that certain inexperienced motorcycle riders are not permitted to drive a motor cycle if any alcohol is present in the blood or breath of the person. See section 52 of the Act.
2 The Act provides that a person who holds a motor cycle licence for a period of less than 3 years must have the licence in the person's possession at all times while driving or in charge of a motor cycle. See section 19(7B) of the Act.
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