Motor Vehicle Drivers Instructors Regulations 1964 (WA)
Western Australia
Motor Vehicle Drivers Instructors Act 1963
Western Australia
Western Australia
Motor Vehicle Drivers Instructors Act 1963Motor Vehicle Drivers Instructors Act 1963
These regulations may be cited as the
In these regulations, unless the contrary intention appears —
(a) employed in, or engaged under a contract of service or a contract for service or otherwise to provide services to, the Department; and
(b) in that capacity, involved in the assessment of applications for driver’s licences under the
Road Traffic (Authorisation to Drive) Act 2008 Part 2;
(a) if the vehicle has never been licensed or registered but the vehicle is used or is intended to be used in this State — the Director General; or
(b) if the vehicle was last licensed in this State — the Director General; or
(c) if the vehicle was last licensed or registered in another State or a Territory — the authority in that State or Territory whose functions most nearly correspond to those of the Director General;
Every application for a licence shall be made in the form of Form 1 in Schedule 1.
A licence shall be in the form of Form 2 in Schedule 1.
(1) In any case where the Director General requires an applicant for, or the holder of, a licence to undergo a medical test, the licence shall not issue or, as the case may require, the licence is inoperative, until the applicant or holder produces the certificate of a legally qualified medical practitioner, nominated by the Director General certifying that, in the opinion of the medical practitioner, the applicant or holder is physically fit to act as a motor vehicle driving instructor.
(2) Every medical certificate obtained pursuant to this regulation shall —
(a) be in a form required or supplied by the Director General; and
(b) speak as to the visual acuity of the applicant for, or holder of, the licence.
The holder of a licence or permit shall, within 3 days after its expiration, suspension or cancellation, deliver up the licence or permit to the Director General.
Where, subsequent to the issue of the licence or permit, the holder changes their address, they shall notify the Director General of that fact, within 7 days after the change.
The holder of a licence or permit must produce it for inspection at the request of any of the following persons —
(a) a licensing officer;
(b) a police officer;
(c) a transport investigation warden;
(d) a person wishing to receive, or who has received, driving instruction from the holder.
Where the Director General is satisfied that a licence or permit has been lost, mutilated, or destroyed, the Director General may, on payment of the fee prescribed by these regulations, cause a replacement licence or permit to be issued; and the original licence or permit is, thereupon, of no force or effect.
Unless it is exempted by the Director General or it is provided by a person who is exempt under regulation 13B, every motor car, motor wagon and articulated vehicle provided by a driving instructor for the purposes of instruction shall be fitted with —
(a) duplicate controls that —
(i) are located directly in front of the seat beside the driver;
(ii) readily enable the instructor to control the vehicle by effectively braking the vehicle and either disengaging the transmission or switching off the ignition;
and
(b) an approved rear vision mirror fitted in a position approved by the Director General for use of the instructor.
(1) A body listed in Schedule 2 is a prescribed body for the purposes of section 7(4) of the Act and the certificate issued by a body in accordance with that section shall set out the class of vehicle in respect of which the certificate holder has been found competent to act as a driving instructor.
(2) For the purposes of the Act and of these regulations, the classes of motor vehicle in respect of which drivers instructors licences and permits are issued are the classes set out in Schedule 3.
(3) When Schedule 3 describes a motor vehicle, other than one of class MC, it means a motor vehicle of the kind described whether or not it is attached to a trailer that the motor vehicle may be used to tow according to the
Road Traffic (Authorisation to Drive) Regulations 2014 Schedule 4.
A person who holds a licence or permit in respect of a motor vehicle of a class specified in Schedule 4 column 1 is entitled to act as an instructor in respect of a motor vehicle of that class and any vehicle specified in column 2 opposite that class.
The fees specified in the Table are payable for the matters specified in the Table.
1. | An application for the initial grant of a licence under section 7(1) of the Act | $101.40 |
2. | The issue of an instructor’s permit | $5.10 |
3. | The issue of an instructor’s licence | $5.35 |
4. | Test by the Director General under section 7(3) of the Act | $161.80 |
5. | The issue of a replacement licence or permit | $7.80 |
(1) The Director General may exempt from the provisions of the Act relating to the payment of the prescribed fee an application for a licence or permit from, and the issue of a licence or permit or renewal thereof to, a person who is —
(a) in the Police Force of Western Australia, the Department of Education and Training or a school or institution approved by the Director General and is the holder of a Certificate of Competency issued by a body listed in Schedule 2; or
(b) employed as a driving instructor —
(i) in the department of the Public Service principally assisting in the administration of the
Fire and Emergency Services Act 1998 ; or(ii) by the Public Transport Authority of Western Australia or such other body as is approved by the Director General.
(2) Every licence or permit issued pursuant to this regulation shall have specified in it a condition that the holder will not, until the appropriate fee has been paid, act as a driving instructor other than in the course of their employment with the employer described in subregulation (1).
(1) A person is exempt from section 5(1) of the Act if —
(a) the only consideration the person receives for acting as a driving instructor is 1 or more of the following —
(i) the reimbursement of reasonable expenses the person incurs in so acting;
(ii) remuneration that the person would receive even if the person did not so act;
(iii) remuneration covered by a monetary grant, or a portion of a monetary grant, designated under subregulation (2);
and
(b) the person does not act as a driving instructor on a full‑time basis unless the person only receives consideration of a kind referred to in paragraph (a)(iii).
(2) The Director General may designate a monetary grant, or a portion of a monetary grant, for the purposes of this regulation if —
(a) the monetary grant or portion is provided under an agreement between a person (the
grantee ) and the State; and(b) under the agreement, the grantee is to use the monetary grant or portion to remunerate 1 or more other persons for acting as a driving instructor.
Every person who —
(a) commits a breach of, or fails to comply with, the provisions of these regulations; or
(b) wilfully makes a false or misleading statement or wilfully furnishes any false or misleading information in, or in connection with, an application for a licence or permit,
commits an offence and is liable to a penalty of $500.
[r. 3 and 4]
Form No. 1
Western Australia
APPLICATION FOR LICENCE UNDER THE MOTOR VEHICLE DRIVERS INSTRUCTORS ACT
INFORMATION FOR APPLICANT:
7 types of driving instructors’ licences are issued as follows —
1. | R | A motor cycle or a motor carrier. |
2. | C | A motor vehicle, other than a motor cycle or motor carrier, that has a GVM not exceeding 4.5 t and that is equipped to seat not more than 12 adults including the driver. |
3. | LR | A motor vehicle, other than a motor cycle or motor carrier, that —
|
4. | MR | A motor vehicle, other than a motor cycle or motor carrier, that has 2 axles and a GVM exceeding 8 t. |
5. | HR | A motor vehicle, other than a motor cycle or motor carrier, that has 3 or more axles and a GVM exceeding 8 t. |
6. | HC | A motor vehicle that is attached to —
|
7. | MC | Any other motor vehicle. |
IMPORTANT — An applicant must have held an appropriate type of driver’s licence for at least 3 years and must be at least 21 years of age.
APPLICATION:
Mr.
Mrs................................................ I, ........................................................
Miss Christian names (in full) Surname (block letters)
of ............................................................................................................................
(Insert full residential address)
hereby apply for a type ..................... motor vehicle driving instructor’s licence. (Insert 1, 2, 3, 4, 5, 6 or 7 — see above)
I declare that the questions overleaf have been read by me and that the answers to such questions were written by me and, to the best of my knowledge and belief, are correct.
Date .........................................
Signature of Applicant ...................................
CERTIFICATE BY OFFICER RECEIVING APPLICATION
I certify that —
(a) The declaration above has been read and signed by the applicant in my presence.
(b) I have impressed upon him that such questions must be answered fully and correctly.
(c) I have inspected the licence mentioned in the answer to Question 1 overleaf and have verified that the answers given in Items (a), (b) and (c) correspond with particulars on such licence.
Date ....................................
Signature ............................................
SEE OVER.
CAUTION: Any person who by false statement or misrepresentation obtains or attempts to obtain a licence, renders himself liable to a penalty of FIVE HUNDRED DOLLARS ($500), and any licence so obtained may be cancelled.
The answer to each of the following Questions 1 to 10 must be written by the applicant.
1. Have you been, or are you now, the holder of a licence, issued in Western Australia or elsewhere, to drive a motor vehicle? ................................................ | ........................... |
If so, please state — | |
| (a) ..................... |
| (b) ..................... |
| (c) ..................... |
Note — The licence must be produced for inspection by the officer receiving the application.
2. Are your Christian names, surname and residential address correctly stated overleaf? .............................. | ........................... |
How long have you lived at the address? If less than 6 months, give previous addresses .......... | ........................... |
3. What is the date and place of your birth? Date .............. Place ..................
| (a) ..................... |
| (b) ..................... |
| (c) ..................... |
5. Have you successfully completed a course of training or passed a qualifying examination as a motor vehicle driving instructor? ............................... | ........................... |
If the answer is “Yes” full particulars must be shown | ........................... |
6. What are the names and addresses of two (2) persons who have known you personally and well for at least 12 months to whom references can be made as to your character? ........................................................... | ............................................................................................................ |
(NOTE — THE NAMES OF RELATIVES (INCLUDING A DE FACTO PARTNER) AND IMMEDIATE PAST EMPLOYERS SHOULD NOT BE FURNISHED. | ................................................................................. |
The names furnished should be those of persons resident in Western Australia and such as clergymen, postmasters, school teachers, bank managers, business or professional men, police officers, senior officers of the Public Service, or householders who have been residing at their present addresses for more than 12 months.) | .................................................................................................................................................................. |
“Yes” or “No” | If answer is “Yes” state type of visual aid used | |
7. Do you wear spectacles or contact lenses as a visual aid? .................... | .......................... | ........................... |
“Yes” or “No” | Particulars if answer is “Yes” | |
8. Do you suffer, or have you at any time suffered from — | ||
| (a) .................... | ........................... |
| (b) .................... | ........................... |
(c) (i) Diabetes? ..................... | (c) (i) .............. | ........................... |
| (ii) .............. | ........................... |
| (d) ................... | ........................... |
| (e) ................... | ........................... |
9. Have you ever, in Western Australia or elsewhere — | ||
| (a) ................... | ........................... |
| (b) ................... | ........................... |
(If the answer to any portion of questions 8 and 9 is “Yes”, full particulars must be furnished.) | ||
“Yes” or “No” | Particulars if answer is “Yes” | |
10. Have you ever, in Western Australia or elsewhere, been convicted of — | (a), (b) and (c) must each be answered “Yes” or “No”. | |
| (a) ................... (b) ................... (c) ................... | If the answer is “Yes” to (a) or (b) or (c) particulars of every case as well as the courts and dates must be stated below. |
........................................................................................................................ ........................................................................................................................ | ||
Form No. 2
Western Australia
LICENCE
MOTOR VEHICLE DRIVING INSTRUCTOR’S LICENCE
Licence No. ..........................................
Name ......................................................................................................................
Address ..................................................................................................................
Date of Birth ..........................................................................................................
Signature of Licensee ......................................................
Unless sooner cancelled or suspended this licence remains in force until.........................................................................................................................
This licence is subject to any conditions endorsed hereunder and authorises the holder to act as a driving instructor in respect of —
* all classes of motor vehicles
* motor vehicles of the following class or classes:
............................................................................................................
............................................................................................................
Conditions: ........................................................................................
............................................................................................................
Fee $22.60 (one year).
..........................................................
Director General
* Delete whichever inapplicable.
[r. 12(1), 13A(1)(a)]
1. Driver Training and Education Centre Pty Ltd trading as Driver Training and Education Centre
2. Road Transport Industry Training Committee Western Australia Inc
3. Institute of Driver Development Pty Ltd
4. Industries Services Training Pty Ltd
5. Midland College of TAFE, established under the
6. Arkery Pty Ltd trading as Skill Driving School
7. Bencable Pty Ltd trading as Achieve by Driving Together
8. Driving Improvement Consultancy (Tas) Pty. Ltd.
9. Crossrange Holdings Pty Ltd trading as Nationwide Transport Training
10. ETAS (WA) Pty Ltd
11. Shawsett Training Pty Ltd
12. Transport Training Centre (SA) Incorporated
13. Chisholm College of TAFE (NSW), established under the
14. Wodonga College of TAFE (Vic), established under the
15. Transport Industries Skills Centre Incorporated (ACT)
16. Petya Pty Ltd trading as Drive Safe Australia WA
17. Job Drive and Skills Training Incorporated trading as B A Workforce
18. Jasmonie Pty Ltd trading as Miro Training Centre
19. R F Maling and S M Maling trading as ACT Training
20. Aegis Training Services Pty Ltd trading as Aegis Training Services
21. Richards Mining Services Pty Ltd
22. Shift Training Pty. Ltd. (ACN 168 567 280)
23. Academy of Road Safety Pty Ltd (ACN 165 345 853)
24. 121 Training Pty Ltd (ACN 142 831 203)
25. Webster College Pty Ltd (ACN 153 719 058) trading as East West Training
[r. 12(2)]
1. | R | A motor cycle or a motor carrier. |
2. | C | A motor vehicle, other than a motor cycle or motor carrier, that has a GVM not exceeding 4.5 t and that is equipped to seat not more than 12 adults including the driver. |
3. | LR | A motor vehicle, other than a motor cycle or motor carrier, that —
|
4. | MR | A motor vehicle, other than a motor cycle or motor carrier, that has 2 axles and a GVM exceeding 8 t. |
5. | HR | A motor vehicle, other than a motor cycle or motor carrier, that has 3 or more axles and a GVM exceeding 8 t. |
6. | HC | A motor vehicle that is attached to —
|
7. | MC | Any other motor vehicle. |
[r. 12A]
MC | A motor vehicle of class HC, HR, MR or LR |
HC | A motor vehicle of class HR, MR or LR |
HR | A motor vehicle of class MR or LR |
MR | A motor vehicle of class LR |
This is a compilation of the
10 Mar 1964 p. 1025‑9 | 10 Mar 1964 | ||
Untitled regulations | 5 Apr 1965 p. 985 | 5 Apr 1965 | |
Untitled regulations | 5 Sep 1968 p. 2685 | 5 Sep 1968 | |
Untitled regulations | 9 Feb 1970 p. 369 | 9 Feb 1970 | |
Untitled regulations | 28 Jun 1973 p. 2451 | 1 Jul 1973 | |
Untitled regulations | 30 May 1975 p. 1604-5 | 1 Jun 1975 | |
Untitled regulations | 9 Jul 1976 p. 2367-8 | 9 Jul 1976 | |
Untitled regulations | 29 Oct 1976 p. 4120 | 29 Oct 1976 | |
Untitled regulations | 30 Jun 1978 p. 2142 | 30 Jun 1978 | |
Untitled regulations | 16 Feb 1979 p. 426 | 16 Feb 1979 | |
18 Dec 1981 p. 5193 | 18 Dec 1981 | ||
2 Feb 1982 p. 397 | 2 Feb 1982 (see r. 2) | ||
20 Aug 1982 p. 3269 | 1 Oct 1982 (see r. 2) | ||
31 Aug 1984 p. 2782 | 31 Aug 1984 | ||
24 May 1985 p. 1764 | 24 May 1985 | ||
26 Sep 1986 p. 3689 | 1 Oct 1986 (see r. 2) | ||
15 Jan 1988 p. 76 | 15 Jan 1988 | ||
10 Jun 1988 p. 1906 | 10 Jun 1988 | ||
8 Sep 1989 p. 3174 | 1 Oct 1989 (see r. 2) | ||
10 Aug 1990 p. 3906 | 10 Aug 1990 | ||
7 Sep 1990 p. 4700 | 1 Oct 1990 (see r. 2) | ||
20 Sep 1991 p. 4943 | 1 Oct 1991 (see r. 2) | ||
24 May 1996 p. 2170 | 1 Jun 1996 (see r. 2) | ||
31 Jan 1997 p. 674 | 1 Feb 1997 (see r. 2 and | ||
13 May 1997 p. 2343‑4 | 1 Jul 1997 (see r. 2) | ||
12 May 1998 p. 2796‑7 | 1 Jul 1998 (see r. 2) | ||
17 May 2000 p. 2432 | 1 Jul 2000 (see r. 2) | ||
30 Jan 2001 p. 618‑20 | 5 Feb 2001 (see r. 2) | ||
27 Apr 2001 p. 2203‑8 (as amended 13 Jul 2001 p. 3471‑2) | 7 May 2001 (see r. 2) | ||
29 Jun 2001 p. 3255 | 1 Aug 2001 (see r. 2) | ||
17 May 2002 p. 2567-8 | 1 Jul 2002 (see r. 2) | ||
11 Mar 2003 p. 751 | 11 Mar 2003 | ||
20 May 2003 p. 1799 | 1 Jul 2003 (see r. 2) | ||
30 Jun 2003 p. 2581‑638 | 1 Jul 2003 (see r. 2 and | ||
28 May 2004 p. 1841 | 1 Jul 2004 (see r. 2) | ||
30 Dec 2004 p. 6954 | 1 Jan 2005 (see r. 2 and | ||
27 May 2005 p. 2304 | 1 Jul 2005 (see r. 2) | ||
23 Jun 2006 p. 2222‑3 | 1 Jul 2006 (see r. 2) | ||
11 Jul 2006 p. 2545‑6 | 11 Jul 2006 | ||
18 Aug 2006 p. 3371 | 18 Aug 2006 | ||
28 Nov 2006 p. 4894 | 4 Dec 2006 (see r. 2 and | ||
22 Jun 2007 p. 2875-6 | r. 1 and 2: 22 Jun 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Jun 2007 (see r. 2(b)) | ||
22 Jun 2007 p. 2876‑7 | r. 1 and 2: 22 Jun 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2007 (see r. 2(b)) | ||
13 Jun 2008 p. 2524-5 | r. 1 and 2: 13 Jun 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Jun 2008 (see r. 2(b) and | ||
4 Jun 2010 p. 2485-6 | r. 1 and 2: 4 Jun 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2010 (see r. 2(b)) | ||
9 Nov 2010 p. 5632-3 | r. 1 and 2: 9 Nov 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Nov 2010 (see r. 2(b)) | ||
7 Jun 2011 p. 2062-3 | r. 1 and 2: 7 Jun 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b)) | ||
8 Feb 2013 p. 868‑9 | r. 1 and 2: 8 Feb 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Feb 2013 (see r. 2(b)) | ||
19 Feb 2013 p. 997 | r. 1 and 2: 19 Feb 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 20 Feb 2013 (see r. 2(b)) | ||
28 Jun 2013 p. 2803-4 | r. 1 and 2: 28 Jun 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Jun 2013 (see r. 2(b)) | ||
28 Jun 2013 p. 2804-5 | r. 1 and 2: 28 Jun 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2013 (see r. 2(b)) | ||
13 Jun 2014 p. 1904-5 | r. 1 and 2: 13 Jun 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)) | ||
4 Nov 2014 p. 4207 | r. 1 and 2: 4 Nov 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Nov 2014 (see r. 2(b)) | ||
8 Jan 2015 p. 57‑9 | r. 1 and 2: 8 Jan 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and | ||
29 May 2015 p. 1882‑3 | r. 1 and 2: 29 May 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) | ||
5 Apr 2016 p. 1030 | r. 1 and 2: 5 Apr 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Apr 2016 (see r. 2(b)) | ||
14 Jun 2016 p. 1987‑2003 | 1 Jul 2016 (see r. 2(b)) | ||
26 May 2017 p. 2634 | r. 1 and 2: 26 May 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 27 May 2017 (see r. 2(b)) | ||
23 Jun 2017 p. 3253‑78 | 1 Jul 2017 (see r. 2(b)) | ||
22 Jun 2018 p. 2184-93 | 1 Jul 2018 (see r. 2(b)) | ||
31 Dec 2019 p. 4683-4 | r. 1 and 2: 31 Dec 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2020 (see r. 2(b)) | ||
SL 2023/181 15 Nov 2023 | r. 1 and 2: 15 Nov 2023 (see r. 2(a)); Regulations other than r. 1 and 2: 16 Nov 2023 (see r. 2(b)) | ||
SL 2024/137 26 Jun 2024 | r. 1 and 2: 26 Jun 2024 (see r. 2(a)) Regulations other than r. 1 and 2: 27 Jun 2024 (see r. 2(b)) | ||
SL 2025/66 30 Apr 2025 | r. 1 and 2: 30 Apr 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 1 May 2025 (see r. 2(b)) | ||
axle..................................................................................................................................... 2
Department........................................................................................................................ 2
grantee..................................................................................................................... 13B(2)
GVM.................................................................................................................................. 2
licensing officer................................................................................................................ 2
motor carrier..................................................................................................................... 2
motor cycle........................................................................................................................ 2
motor vehicle.................................................................................................................... 2
relevant authority............................................................................................................. 2
semi-trailer........................................................................................................................ 2
trailer.................................................................................................................................. 2
transport investigation warden...................................................................................... 2
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