Driving Instructors Amendment (Licences) Regulation 2019 (NSW)

New South Wales

Driving Instructors Amendment (Licences)

Regulation 2019

under the

Driving Instructors Act 1992

Her Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Driving Instructors Act 1992.

ANDREW CONSTANCE, MP

Minister for Transport and Roads

Explanatory note

The object of this Regulation is to prescribe the types of licences for driving instructors and the conditions applying to those licences.

This Regulation is made under the Driving Instructors Act 1992, including section 59 (the general regulation-making power).

Driving Instructors Amendment (Licences) Regulation 2019 [NSW]

Driving Instructors Amendment (Licences) Regulation 2019

under the

Driving Instructors Act 1992

1      Name of Regulation

This Regulation is the Driving Instructors Amendment (Licences) Regulation 2019.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Driving Instructors Amendment (Licences) Regulation 2019 [NSW]

Schedule 1 Amendment of Driving Instructors Regulation 2016

Schedule 1 Amendment of Driving Instructors Regulation
2016

Clause 7A

Insert after clause 7:

7A	Types of licences
(1) The types of licence are as follows:

(a)

Type 1,

(b)

Type 2,

(c)

Type 2 endorsed,

(d)

Type 3,

(e)

Type 4,

(f)

Type 4 endorsed,

(g)

Type 5.

(2)

It is a condition of a licence that the holder act as a driving instructor only in
respect of the following vehicles:

(a)	for a Type 1 licence—motor vehicles with a GVM of 4.5 tonnes or less or a tractor or implement (but not a motor bike, motor trike or a vehicle seating more than 12 adults including the driver),
(b)	for a Type 2 licence—motor vehicles:

(i)      having a GVM greater than 4.5 tonnes but not greater than 8 tonnes, or

(ii)      seating more than 12 adults (including the driver) and having a GVM not greater than 8 tonnes,

(c)

for a Type 2 endorsed licence:

(i)	motor vehicles for which the holder of a Type 2 licence may act as a driving instructor, and
(ii)	motor vehicles having 2 axles and a GVM greater than 8 tonnes,

(d)

for a Type 3 licence:

(i)	motor vehicles for which the holder of a Type 2 endorsed licence may act as a driving instructor, and
(ii)	motor vehicles having 3 or more axles and a GVM greater than 8 tonnes (including an articulated bus, but not including any other articulated vehicle),

(e)

for a Type 4 licence:

(i)	motor vehicles for which the holder of a Type 3 licence may act as a driving instructor, and
(ii)	prime movers to which a single semi-trailer plus any unladen converter dolly is attached, and

(iii) rigid motor vehicles to which a trailer that has a GVM greater than 9 tonnes plus any unladen converter dolly is attached,

(f)

for a Type 4 endorsed licence—motor vehicles other than motor vehicles for which the holder of a Type 1 licence or Type 5 licence may act as a driving instructor,

(g)

for a Type 5 licence—motor bikes or motor trikes.

Driving Instructors Amendment (Licences) Regulation 2019 [NSW]

Schedule 1 Amendment of Driving Instructors Regulation 2016

(3)	In this clause:
GVM has the same meaning as in the Road Transport Act 2013. implement means a motor vehicle that comprises an excavator, road grader,
road roller, bulldozer, forklift truck or other machinery or apparatus and is not constructed on a chassis of a type normally used in the construction of a motor lorry.

7B Conditions of licence

A licence is subject to the following conditions:

(a)	the licence does not authorise a person to act as a driving instructor in relation to a relevant class of motor vehicle unless the instructor also holds a driver licence for the relevant class of motor vehicle,
(b)	if the licence is marked “restricted”—the licence does not authorise a person to act as a driving instructor for the holder of a learner licence.