Road Traffic (Authorisation to Drive) Amendment Regulations 2017 (WA)

1. GOVERNMENT GAZETTE, WA :3 October 2017

   TRANSPORT

   TN3o1

   Road Traffic (Authorisation to Drive) Act 2008

   Road Traffic (Authorisation to Drive)

   Amendment Regulations 2017

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on 9 October 2017.

Made by the Governor in Executive Council.

1.           Citation

These regulations are the Road Traffic (Authorisation to Drive)
Amendment Regulations 2017.

2.            Commencement

These regulations come into operation as follows —

3 October 2017 GOVERNMENT GAZETTE, WA 5051

3.            Regulations amended

These regulations amend the Road Traffic (Authorisation to Drive) Regulations 2014.
4.	Regulation 3 amended In regulation 3 insert in alphabetical order:

moped licence means a driver's licence that authorises
the holder to drive only a motor vehicle of class R
endorsed with the condition N;
new driver's licence applicant means an applicant for

a driver's licence who -

(a) is a novice driver; and

(b) either—

(i)     does not hold and has not previously held a driver's licence; or

(ii)     holds or has held a moped licence but no other driver's licence;

5.            Regulation 15 amended

In regulation 15(l)(b) delete "driver's licence that is endorsed with condition N and authorises the person to drive only a vehicle of class R," and insert:

moped licence,

6.            Regulation 16 amended

(1)	In regulation 16(1) delete "demonstrate and insert:
demonstrate, in accordance with regulation 16A, 16B or 16C,
(2)	Delete regulation 16(2) to (6) and insert:
(2) Subregulation (1) does not prevent the CEO from being satisfied that a person can demonstrate sufficient ability to safely drive a motor vehicle -

(a)	in the circumstances described, and on the basis described, in regulation 24(2); or
(b)	in any circumstances, and on any basis, as the CEO sees fit.

5052 GOVERNMENT GAZETTE, WA 3 October 2017

7.            Regulations 16A to 16C inserted

After regulation 16 insert:

16A.	New driver's licence applicant: class C if under 25 years of age and class R endorsed with condition E
(1)	This regulation applies to an applicant for a driver's licence -

(a) if—

(i)     the applicant is a new driver's licence applicant who has not reached 25 years of age; and

(ii)     the driver's licence would authorise the driving of a motor vehicle of class C;

or

(b) if—

(i)     the applicant is a new driver's licence applicant; and

(ii)     the driver's licence would authorise the driving of a motor vehicle of class R endorsed with condition E.

(2) The applicant may demonstrate sufficient ability to
safely drive a motor vehicle as the licence would
authorise by -

(a) driving the motor vehicle on a road for at least
50 hours, including at least 5 hours of driving
the vehicle at night (as defined in the Road
Traffic (Vehicles) Act 2012 section 3(1)), in the
course of instruction by -

(i)	a person who holds a licence issued
under the Motor Vehicle Drivers Instructors Act 1963; or
(ii)	a person who may give driving instruction under regulation 43(2);

and

(b) making a record of the driving undertaken in
compliance with paragraph (a) -

(i)     signed by the person who gave the instruction; and

(ii)     in a logbook approved by the CEO;

and

(c) having reached 16 years and 6 months of age, by a test approved by the CEO and conducted not less than 6 months after the learner's permit

3 October 2017 GOVERNMENT GAZETTE, WA 5053

was granted in relation to the application, satisfying the CEO that the applicant has sufficient ability to recognise hazards on roads;

and

(d) after completing the requirements set out in
paragraphs (a), (b) and (c) and having reached
17 years of age, satisfying the CEO that the
applicant is able to control the motor vehicle.

16B.	New driver's licence applicant: class C if 25 years of age and over
(1)	This regulation applies to an applicant for a driver's licence if—

(a)	the applicant is a new driver's licence applicant who has reached 25 years of age; and
(b)	the driver's licence would authorise the driving of a motor vehicle of class C.

(2) The applicant may demonstrate sufficient ability to
safely drive a motor vehicle as the licence would
authorise by -

(a)	a test approved by the CEO and conducted not less than 6 months after the learner's permit was granted in relation to the application, satisfying the CEO that the applicant has sufficient ability to recognise hazards on roads; and
(b)	satisfying the CEO that the applicant is able to control the motor vehicle.

16C.	Other driver's licence applicant
(1)	This regulation applies to an applicant for a driver's licence if the applicant is not a new driver's licence

applicant.

(2) The applicant may demonstrate sufficient ability to
safely drive a motor vehicle as the licence would
authorise by satisfying the CEO that the applicant is
able to control the motor vehicle.

8.            Regulation 17 amended

In regulation 17(2) delete "driver's licence to authorise the person to drive a motor vehicle of class R while the licence is endorsed with condition N." and insert:

moped licence.

5054   GOVERNMENT GAZETTE, WA 3 October 2017

9.            Regulation 18 amended

In regulation I8(a) delete "regulation 16(2)(b); and" and insert:

regulation 16A(2)(d), 16B(2)(b), 16C(2); and

10.         Schedule 9 amended

(1)	In Schedule 9 in the definition of hazard perception test delete "regulation 16(2)(d);" and insert:
regulation 16A(2)(c) or 16B(2)(a);
(2)	In Schedule 9 item 11 delete "under regulation 16(2)(a) or (c)" and insert:
referred to in regulation 16A(2)(b)(ii)

N. HAGLEY, Clerk of the Executive Council.