Road Traffic (Authorisation to Drive) Regulations 2014 (WA)
Western Australia
Road Traffic (Authorisation to Drive) Act 2008
Western Australia
Road Traffic (Authorisation to Drive) Act 2008
These regulations are the
These regulations come into operation on the day fixed under the
In these regulations, unless the contrary intention appears —
(a) an offence under RTA section 59(1)(a) or (bb); or
(b) an offence under RTA section 59A(1)(a) or (bb); or
(c) an offence under RTA section 63(1)(a) or (2) or 67AD(6); or
(d) an offence under RTA section 64(1), 64B(3) or 67AD(4), if the offender has, within the period of 5 years preceding conviction for that offence, been convicted of an offence —
(i) referred to in paragraph (a), (b) or (c); or
(ii) against RTA section 64(1), 64AA(1), 64A(1) or (4), 64B(1) or (3), 64C(4), 67AC(4) or 67AD(2) or (4); or
(iii) referred to in paragraph (g),
which was committed on or after the scheme commencement day; or
(e) an offence under RTA section 64AA(1), 64B(1) or 67AD(2), if the offender has, within the period of 5 years preceding conviction for that offence, been convicted of an offence —
(i) referred to in paragraph (a), (b) or (c); or
(ii) against RTA section 64(1), 64AA(1), 64A(1) or (4), 64B(1) or (3), 64C(4), 67AC(4) or 67AD(2) or (4); or
(iii) referred to in paragraph (g),
which was committed on or after the scheme commencement day; or
(f) an offence under RTA section 64A(1) or (4), 64C(4) or 67AC(4), if the offender has, within the period of 5 years preceding conviction for that offence, been convicted of an offence —
(i) referred to in paragraph (a), (b) or (c); or
(ii) against RTA section 64(1), 64AA(1), 64A(1) or (4), 64B(1) or (3), 64C(4), 67AC(4) or 67AD(2) or (4); or
(iii) referred to in paragraph (g),
which was committed on or after the scheme commencement day; or
(g) an offence under RTA section 67(2);
(a) is designed so as not to be capable of a speed exceeding 50 km/h; and
(b) either —
(i) has an engine capacity not exceeding 50 cm
3 ; or(ii) is not powered by a piston engine,
whether or not it is also capable of being propelled by pedalling, but does not include a power assisted pedal cycle;
(a) a motor vehicle that —
(i) is designed to travel on 3 wheels; and
(ii) has an unladen mass not exceeding 1 016 kg; and
(iii) is designed with a significant portion of its steering mechanism and other controls similar to those of a motor cycle;
or
(b) a motorised wheelchair, except one that is designed so as not to be capable of a speed exceeding 10 km/h;
(a) is designed to travel on 2 wheels or, with a sidecar attached, 3 wheels; or
(b) has 3 wheels arranged so that the axis of rotation of 2 wheels lies on the same straight line and each of those 2 wheels is equidistant from the third,
except that it does not include a motorised wheelchair and does not include a motor vehicle built or modified to be used primarily to carry goods or materials used in any trade, business or industry;
(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;
(1) In this regulation —
(a) an Australian driver licence; or
(b) a foreign driving authorisation authorising the person to drive a motor vehicle other than solely for the purpose of learning to drive it.
(2) A person who is a novice driver is a novice driver (type 1A) unless the person has, for a period of at least 6 months or periods adding up to at least 6 months, held a relevant driving authorisation.
(3) When deciding whether a person who is a novice driver is a novice driver (type 1A), a period for which the person held a relevant driving authorisation must be regarded as not including any period for which the person, although holding a relevant driving authorisation, was excluded by law from driving under that authorisation.
(1) Schedule 1 identifies the classes of motor vehicles to which these regulations refer.
(2) A description of a motor vehicle in Schedule 1 column 2 refers to 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 Schedule 4.
(1) The CEO may approve a motor cycle as a learner approved motor cycle if the motor cycle —
(a) is not a moped; and
(b) has a power‑to‑weight ratio that does not exceed 150 kW/t; and
(c) has an engine capacity that does not exceed 660 cm
3 ; and(d) is, in the opinion of the CEO, suitable to be driven by a person who holds a restricted motor cycle licence.
(2) The CEO may revoke or vary the approval of a motor cycle under subregulation (1).
(3) The CEO must ensure that a list of each motor cycle in relation to which an approval under subregulation (1) is in force is published on the Department’s website.
(1) The CEO may grant to a person a licence authorising the person to drive a motor vehicle on a road.
(2) A driver’s licence cannot be granted to a person other than an individual.
(3) A driver’s licence cannot be transferred to another person.
(1) The extent to which a driver’s licence authorises the licence holder to drive on a road depends on the class or classes of authorisation given in the licence.
(2) Schedule 2 column 1 designates each class of authorisation.
(3) A driver’s licence giving a particular class of authorisation authorises the licence holder to drive on a road —
(a) a motor vehicle the class of which has the same designation as the class of authorisation; or
(b) a motor vehicle of any other class shown in Schedule 2 column 2 for that class of authorisation.
9. Driver’s licence to be provisional in some cases (1) The CEO must, when granting a driver’s licence in the circumstances described in subregulation (2), endorse it as a provisional licence.
(2) The driver’s licence granted to a person must be a provisional licence if the person —
(a) is a novice driver; or
(b) has not reached 19 years of age.
(3) The endorsement of a driver’s licence as a provisional licence ceases to have effect when the holder of the licence —
(a) has ceased to be a novice driver; and
(b) has reached 19 years of age.
10. Novice driver (type 1A) night‑time driving restrictions (1) In this regulation —
(2) Except in the circumstances described in subregulation (3), a driver’s licence held by a person who is a novice driver (type 1A) does not authorise the person to drive a motor vehicle on a road during the period between midnight and the following 5 a.m. unless —
(a) the driving is —
(i) in the course of employment; or
(ii) for the purpose of travelling to or from employment and by the shortest practicable route for achieving that purpose; or
(iii) for the purpose of travelling to or from schooling and by the shortest practicable route for achieving that purpose;
and
(b) in the case of travel from employment or schooling, the travel commences as soon as is practicable after the employment or schooling ceases.
(3) Subregulation (2) does not apply if the holder of the driver’s licence is driving in the course of instruction as authorised by regulation 56(1) or (2).
(1) In this regulation —
(2) In this regulation, despite the definition of
passenger in theRoad Traffic (Administration) Act 2008 section 4, a passenger in relation to a motor vehicle includes a co‑driver of the motor vehicle.(3) A driver’s licence held by a person who is a novice driver (type 1A) does not authorise the person to drive a motor vehicle carrying more than 1 passenger (the
permitted passenger ) on a road unless —(a) at least 1 of the passengers is an experienced driver; or
(b) each additional passenger is a member of the person’s immediate family; or
(c) the person —
(i) is required to carry each additional passenger for the person’s employment; and
(ii) is carrying a document stating that fact signed by the person’s employer; and
(iii) if requested by a police officer, produces the document for inspection.
(4) For the purposes of subregulation (3)(a), a passenger in a motor vehicle driven by a novice driver (type 1A) is an
experienced driver if the passenger —(a) is authorised to drive a motor vehicle of the class that the novice driver is authorised to drive; and
(b) has held that authorisation for a period of, or periods adding up to, at least 4 years under —
(i) an Australian driver licence, other than a provisional licence; or
(ii) a foreign driving authorisation, other than a foreign driving authorisation that is substantially equivalent to a provisional licence.
The authorisation given by a driver’s licence to drive a motor vehicle includes authorisation to drive the motor vehicle while towing a trailer but only if the trailer is towed according to Schedule 4.
(1) In this regulation —
(2) If under the law of another jurisdiction a person is disqualified from holding or obtaining a driver licence, that fact is recognised and as a consequence of the recognition the person is disqualified from holding or obtaining a driver’s licence.
(3) If under the law of another jurisdiction the driver licence that a person may hold or obtain is restricted, that fact is recognised and as a consequence of the recognition a driver’s licence held by the person does not authorise the person to drive on a road in this State to an extent that, because of that fact, the person would be prevented from being authorised to drive under the law of the other jurisdiction.
(1) The minimum age that a person must have reached to hold a driver’s licence is —
(a) except as stated in paragraph (b), 17 years of age;
(b) for a moped licence, 16 years of age.
(2) Other provisions of these regulations may have the effect that, in some cases, a person cannot hold a driver’s licence until later than when the person reaches the age fixed by subregulation (1).
(3) This regulation does not prevent the CEO from waiving an age requirement in a particular case under regulation 22(2).
(1) Before a person can hold a driver’s licence the person must have satisfied the CEO that the person can demonstrate, in accordance with regulation 16A, 16B, 16BA or 16C, sufficient ability to safely drive motor vehicles as the licence would authorise.
(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.
[(3)‑(6) deleted]
(1) This regulation applies to a new driver’s licence applicant for —
(a) a car licence if the applicant has not reached 25 years of age; or
(b) a restricted motor cycle licence.
(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, 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
(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.
(1) This regulation applies to a new driver’s licence applicant for a car licence if the applicant has reached 25 years of age.
(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.
(3) An applicant wanting to satisfy the CEO under subregulation (2)(b) by means of a driving test must do so not less than 6 months after the learner’s permit was granted in relation to the application.
(1) This regulation applies to a new driver’s licence applicant for a moped licence.
(2) The applicant may demonstrate sufficient ability to safely drive a motor vehicle as the licence would authorise by —
(a) having reached 15 years and 6 months of age, a test approved by the CEO, satisfying the CEO that the applicant has sufficient ability to recognise hazards on roads; and
(b) after completing the requirements set out in paragraph (a) and having reached 16 years of age, satisfying the CEO that the applicant is able to control the motor vehicle.
(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 —
(a) in the case of a restricted motor cycle licence, 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) in any case, satisfying the CEO that the applicant is able to control the motor vehicle.
For the purposes of regulations 16A(2)(c), 16B(2)(a), 16BA(2)(a) and 16C(2)(a), the CEO must approve a test applicable to an applicant for —
(a) a car licence; and
(b) a restricted motor cycle licence or moped licence.
(1) A person satisfying the CEO of an ability to control a motor vehicle of a kind described in Schedule 5 column 2 must be taken to have satisfied the CEO of the ability to control motor vehicles that is needed for a driver’s licence to authorise the person to drive a motor vehicle of the class specified in column 1.
(2) A person satisfying the CEO of an ability to control a moped must be taken to have satisfied the CEO of the ability to control motor vehicles that is needed for a moped licence.
(2A) Despite subregulation (2), the CEO cannot be satisfied of a person’s ability to control a moped by being satisfied of the person’s ability to control a motor carrier.
(3) A person satisfying the CEO of an ability to control a learner approved motor cycle must be taken to have satisfied the CEO of the ability to control motor vehicles that is needed for a restricted motor cycle licence.
The CEO —
(a) may accept evidence, other than evidence obtained from a driving test, to demonstrate that the applicant is able to control a motor vehicle as referred to in regulation 16A(2)(d), 16B(2)(b), 16BA(2)(b) or 16C(2)(b); and
(b) may accept, from a body authorised by the CEO to give it, evidence about whether the applicant can demonstrate the ability referred to in regulation 16 to safely drive relevant motor vehicles.
(1) This regulation applies to the grant of a driver’s licence, whether by way of renewal or otherwise, to a person (the
applicant ) who has reached 80 years of age.(2) Despite regulation 24(2), the CEO cannot be satisfied that the applicant has demonstrated the ability referred to in regulation 16 to safely drive motor vehicles as the licence would authorise solely on the basis that the applicant has previously held a driver’s licence or has previously satisfied the CEO of having that ability.
(3) The applicant must have demonstrated that ability within one year before the grant of the licence.
(1) Before a person can hold a driver’s licence the person must have satisfied the CEO that the person can demonstrate a reasonable knowledge of the traffic laws of the State and of safe driving techniques unless under regulation 22(5) the CEO has waived the requirement to be able to demonstrate that knowledge.
(2) The CEO may require the person to demonstrate that knowledge by completing a theory test, by producing evidence of knowledge accepted under the traffic laws of another jurisdiction that the CEO accepts as being sufficiently similar to those of this State, or in any other way the CEO considers acceptable.
(1) The CEO cannot grant a person a driver’s licence authorising the person to drive a motor vehicle of a class specified in Schedule 6 column 1 unless the person has, for a period of, or periods adding up to, at least the amount of time specified in column 3, held —
(a) a driver’s licence described for that class in column 2; or
(b) any Australian driver licence or foreign driving authorisation that was substantially equivalent to a driver’s licence described for that class in column 2.
(2) The CEO may, in a particular case, grant a driver’s licence authorising a person to drive a motor vehicle of a class specified in Schedule 6 column 1 even though the requirement imposed by subregulation (1) is not complied with if, under regulation 22(6), the CEO has waived the requirement in that case.
(3) A reference in subregulation (1) or Schedule 6 column 2 to a driver’s licence authorising a person to drive a vehicle does not include a driver’s licence that authorises the person to drive the vehicle only when learning.
(4) Subregulation (1) does not apply to the granting of a moped licence or a restricted motor cycle licence.
(1) In this regulation —
(2) The CEO may in a particular case waive the requirement in regulation 15(1) that a person holding a licence must have reached the age fixed in that provision if —
(a) denial of a licence would occasion undue hardship; and
(b) the requirements of subregulation (3) or (4) that apply are satisfied.
(3) If there is a person who has parental responsibility for the applicant for the licence residing in the State, a person who has parental responsibility for the applicant must have consented in writing to the licence being granted.
(4) If there is not a person who has parental responsibility for the applicant for the licence residing in the State —
(a) a person who has parental responsibility for the applicant must have consented in writing to the licence being granted; or
(b) an employer or intended employer of the applicant must have confirmed in writing that the licence is considered essential for the purposes of the applicant’s employment.
(4A) The CEO may in a particular case waive the requirement to demonstrate sufficient ability to safely drive a motor vehicle in a test referred to in regulation 16D if denial of a licence would occasion undue hardship.
(5) The CEO may in a particular case waive the requirement in regulation 20(1) that before a person can hold a driver’s licence the person can demonstrate a reasonable knowledge of the traffic laws of the State and of safe driving techniques if denial of a licence would occasion undue hardship.
(6) The CEO may in a particular case waive the requirement imposed by regulation 21(1) if denial of a licence would occasion undue hardship.
(1) A person who wishes to obtain a driver’s licence may give to the CEO a written application for a driver’s licence.
(2) The application must be made in a form approved by the CEO and give details of the authorisation sought.
(3) The CEO may require the applicant to provide evidence sufficient to satisfy the CEO of the applicant’s identity and residential address.
(1) Unless prevented by a road law from doing so, the CEO may, on payment of the fee payable under Part 7, grant the applicant a driver’s licence if satisfied that the applicant —
(a) has reached the minimum age fixed by regulation 15(1), unless the requirement to reach that age has been waived under regulation 22(2); and
(b) can demonstrate the ability referred to in regulation 16 to safely drive motor vehicles as the licence would authorise; and
(c) can demonstrate knowledge of traffic laws and safe driving techniques as required by regulation 20, unless the requirement to be able to demonstrate that knowledge has been waived under regulation 22(5).
(2) The CEO may, when granting a driver’s licence by way of renewal, be satisfied as required by subregulation (1) wholly or partly on the basis that the person has previously held a driver’s licence.
The CEO may refuse to grant a driver’s licence to a person if the CEO has reason to believe that the person —
(a) is not of good character; or
(b) suffers from a mental or physical condition (which may include a dependence on drugs or alcohol) that is likely to, or treatment for which is likely to, impair the person’s ability to control a motor vehicle; or
(c) is disqualified under a foreign law, as defined in section 15(1), from being authorised to drive; or
(d) should not hold a driver’s licence because of the number or nature of the person’s convictions for —
(i) offences under any road law; or
(ii) offences under laws referred to in paragraph (c) that are similar in substance to offences under any road law.
(1) In this regulation —
(2) The payment of the relevant fee under Part 7 payable for an application for a driver’s licence entitles the applicant to a driving test at the allocated time.
(3) The CEO may change the allocated time either at the request of, or with the consent of, the applicant.
(4) A request by the applicant to change the allocated time must be made more than 2 working days before the allocated time unless the CEO agrees under subregulation (5) to a later request.
(5) The CEO may agree to an applicant’s request to change the allocated time even though the request is not made within the time fixed by subregulation (4) if the CEO is satisfied that extenuating circumstances prevented the applicant from attending at what was previously the allocated time or requesting within time that the allocated time be changed.
(6) If an applicant fails to attend at the allocated time for a driving test to which the applicant is entitled under this regulation and the CEO does not agree to change the allocated time for that test, the applicant must pay the relevant fee under Part 7 for an additional practical driving assessment before being entitled to a driving test.
(1) The holder of a driver’s licence may give to the CEO a written application for the variation of the licence.
(2) The CEO may, on an application under subregulation (1) or if it is for any other reason appropriate to do so, by notice in writing given to the licence holder vary a driver’s licence.
(3) If the variation sought in an application under subregulation (1) would extend the licence holder’s authorisation to drive, before making the variation the CEO must be satisfied that the person would be eligible to hold the licence as varied and that it would be appropriate to make the variation sought.
(4) Before varying a driver’s licence in a way that would suspend or cancel any authorisation that the licence gives, the CEO must have regard to the principles in regulation 41 that apply to the cancellation or suspension of a driver’s licence, and regulation 41(2) and (3) apply as modified for the purpose of helping the CEO to decide whether to make the variation.
(5) The kinds of variations that can be made under subregulation (2) are not limited to those to which either subregulation (3) or (4) is relevant.
(1) The holder of a driver’s licence may, by notice in writing given to the CEO, surrender the licence.
(2) The driver’s licence ceases to have effect from the time the notice is given to the CEO or a later time, if any, specified in the notice unless it expires or otherwise ceases to have effect sooner.
(3) Before the end of the period of 14 days after the driver’s licence ceases under subregulation (2) to have effect, the person who surrendered the licence must —
(a) return the driver’s licence document to the CEO; or
(b) notify the CEO in writing that the driver’s licence document has been lost, stolen or destroyed.
Penalty for this subregulation: a fine of 6 PU.
Modified penalty for this subregulation: 2 PU.
(4) If the holder of a driver’s licence surrenders it under this regulation and complies with subregulation (3), the CEO may refund a part of the fee paid for the licence.
(5) The amount of the fee paid that is refunded must be a proportion of any component the amount of which depended on the duration of the licence granted, and the proportion must be based on the number of whole days for which the licence initially granted is of no effect because of the surrender.
(1) The CEO must issue a licence document to the holder of a driver’s licence as evidence of the authorisation given by the licence.
(2) The document must be in a form that the CEO considers suitable, and different forms may be used for different circumstances.
(3) The document may consist of 2 or more components, which together constitute the licence document.
(1) If a driver’s licence document is lost, stolen, destroyed or there is any other good reason for it to be replaced, the CEO must issue a replacement licence document to the licence holder, on the licence holder’s request and payment of the fee payable under Part 7.
(2) The CEO may require that the licence holder provide a photograph and signature for use on the replacement document before the document is issued.
(3) If the driver’s licence document to be replaced can be produced by the licence holder, the CEO may require that the licence holder return it to the CEO before the replacement document is issued.
(4) If the driver’s licence document to be replaced is not returned to the CEO before the replacement document is issued, the CEO may require that the licence holder return the document replaced if it subsequently comes into the licence holder’s possession.
(5) A person must comply with a requirement under subregulation (4).
Penalty for this subregulation: a fine of 6 PU.
Modified penalty for this subregulation: 2 PU.
(6) A document issued under this regulation becomes the licence document.
(1) The CEO may, by written notice, require a person to return to the CEO within the period specified in the notice (the
specified period ) a driver’s licence document issued to the person if —(a) the person has been disqualified from holding or obtaining a driver’s licence; or
(b) the person’s driver’s licence is suspended or cancelled; or
(c) the CEO needs the document in order to correct or replace it or to otherwise change it for any other reason.
(2) A person must comply with a requirement under subregulation (1).
Penalty for this subregulation: a fine of 6 PU.
Modified penalty for this subregulation: 2 PU.
(3) Subregulation (2) does not apply if, within the specified period, the person notifies the CEO in writing that the driver’s licence document has been lost, stolen or destroyed.
(1) If, when considering an application for the grant of a driver’s licence, whether or not by way of renewal, the CEO thinks that the driver’s licence should not be granted except on conditions, the CEO may grant the licence on conditions.
(2) The CEO may at any time vary a driver’s licence under regulation 28 so as to revoke or vary a condition of a driver’s licence or impose a condition on a driver’s licence.
(1) The imposition, variation or revocation of a condition is not effective until the CEO gives the licence holder written notice that the condition has been imposed, varied or revoked, giving full details of what has been done and explaining its effect.
(2) When imposing a condition the CEO must record on the licence document either —
(a) the condition in full; or
(b) a notation in Schedule 7 column 1 to indicate that a condition described in column 2 applies to the licence; or
(c) the notation “V” to show that a condition applies to the licence to the effect that the licence holder must not drive a motor vehicle unless it is fitted with certain appliances as described in detail in a notice that has been given under subregulation (1) to the licence holder; or
(d) the notation “X” to show that a condition applies to the licence, not being —
(i) a condition that is recorded on the licence document in full; or
(ii) a condition because of which a notation is recorded under paragraph (b) or (c).
(3) When referring to a condition described in Schedule 7 column 2 that condition may be identified by the designation that is the same as the notation in Schedule 7 column 1 for that condition.
For example:
Schedule 7 shows that the notation “A” indicates the condition that the holder of the driver’s licence may drive as authorised if and only if the motor vehicle driven is fitted with automatic transmission; so that condition may be referred to as condition A.
(4) Notation “A” or “B” does not apply to a vehicle of class R or C unless the licence document indicates that the notation applies to that class of vehicle.
(5) Notation “A” or “B” applies to each vehicle of any class other than class R or C that the licence authorises to be driven unless the document separately refers to that class of vehicle without indicating that the notation applies.
(1) The authorisation that a driver’s licence gives to drive a motor vehicle does not apply while the vehicle is being driven in contravention of a condition of the licence described in Schedule 7 column 2 but continues to apply while the vehicle is being driven in contravention of any other condition.
(2) The holder of a driver’s licence to which a condition applies must not contravene the condition.
Penalty for this subregulation:
(a) for a first offence, a fine of 6 PU;
(b) for a subsequent offence, a fine of 12 PU.
Modified penalty for this subregulation: 1 PU.
(3) Subregulation (2) does not apply to a condition described in Schedule 7 column 2.
(1) The holder of a provisional licence who drives a motor vehicle on a road must display on the vehicle 2 plates conforming with subregulations (3) and (4), one of which is readily visible from the front of the vehicle and the other of which is readily visible from the rear of the vehicle.
Penalty for this subregulation: a fine of 3 PU.
Modified penalty for this subregulation: 2 PU.
(2) Subregulation (1) does not apply if the licence holder is a police officer driving in the course of duty.
(3) Each plate must bear the letter “P” —
(a) if the driver is a novice driver (type 1A), in white on a red background; or
(b) in any other case, in white on a green background.
(4) Each plate and the letter “P” on it must be at least of the size described in the diagram below.
(5) The CEO must issue, free of charge, plates conforming with subregulations (3) and (4).
(6) A person who is not the holder of a provisional licence must not drive a motor vehicle on a road while a plate conforming with subregulations (3) and (4) is displayed on the vehicle.
Penalty for this subregulation: a fine of 2 PU.
Modified penalty for this subregulation: 1 PU.
(1) This regulation other than subregulation (4) applies to the grant of a driver’s licence whether or not it is by way of renewal.
(2) The period for which the CEO grants a driver’s licence must be fixed in the licence and unless this regulation states otherwise it must be one year or 5 years, as the applicant for the driver’s licence chooses.
(3) If the CEO grants a driver’s licence as a provisional licence, the CEO must fix the period for which the driver’s licence is granted as one year.
(4) If the CEO grants a driver’s licence to an applicant who relinquishes another jurisdiction’s driving authorisation to obtain the driver’s licence, unless a lesser period is fixed under subregulation (5) or (6) the CEO must fix the period for which the driver’s licence is granted so that it would expire when the authorisation relinquished was due to expire except that, if to do so would result in a period of more than 5 years, the period must be 5 years.
(5) If the CEO grants a driver’s licence with a condition that is imposed on grounds having regard to which the licence should be for a period that is less than 5 years, the CEO must fix that period as the period for which the driver’s licence is granted.
(6) If the CEO grants a driver’s licence to a person who has reached 79 years of age, the maximum period for which the licence may be granted is one year and, if the person has not reached that age but has reached 76 years of age, the CEO may fix a period of less than 5 years as the period for which the driver’s licence is granted.
(7) A driver’s licence is current until the end of the period for which it is granted.
(8) To the extent that it is practicable, a driver’s licence document must show as the expiry day of the licence the last day of the period for which the driver’s licence is current.
(1) In this regulation —
(2) The holder of a driver’s licence may, within the period of 6 months before the expiry day, apply for the CEO to grant to the holder a driver’s licence for a further period commencing from the expiry day and otherwise to the same effect as the driver’s licence that is about to expire.
(3) The application must be made to the CEO in a form approved by the CEO.
(4) The grant of a licence upon an application under this regulation may be referred to as a grant by way of renewal.
(1) This regulation applies if, within the period of 6 months after a driver’s licence expires, the person who held the licence applies for the CEO to grant to the person a driver’s licence substantially to the same effect as the driver’s licence that expired but for a further period.
(2) The application must be made to the CEO in a form approved by the CEO.
(3) Regulations 24(2) and 64(2) apply as if the grant of the driver’s licence were a grant by way of renewal.
(4) Subregulations (5) and (6) apply unless the person whose driver’s licence expires notifies the CEO in writing, within the period of 15 days after the expiry, that the person is aware of the expiry and does not require a further driver’s licence substantially to the same effect as the driver’s licence that expires.
(5) If this subregulation applies and the CEO grants the driver’s licence, the period for which it is granted must be fixed to end when, if the licence had been granted by way of renewal, the period for which it was granted would have ended.
(6) Even though the period fixed under subregulation (5) does not commence until the licence is granted, the fee for the licence is the fee applicable to a licence for a period of the same length as the period from the day after the previous licence expired until the day on which the licence granted expires.
(1) In this regulation —
(a) the person’s full name;
(b) the address of where the person is currently living.
(2) A person who holds a driver’s licence must, within 21 days after each change to any of the person’s personal details that are specified in the licence document, give the CEO notice of the change and of the new personal details either in writing or in any other manner approved by the CEO.
Penalty for this subregulation:
(a) for a first offence, a fine of 4 PU;
(b) for a subsequent offence, a fine of 8 PU.
Modified penalty for this subregulation: 1 PU.
(1) The CEO may, by notice in writing given to the licence holder —
(a) suspend a person’s driver’s licence if the CEO has reason to suspect that there are grounds on which the CEO could, if then considering whether to grant the driver’s licence, refuse under regulation 25 to grant it; or
(b) suspend or cancel a person’s driver’s licence if —
(i) the CEO has reason to believe that there are grounds on which the CEO could, if then considering whether to grant the driver’s licence, refuse under regulation 25 to grant it; or
(ii) the CEO is no longer satisfied of each of the matters referred to in regulation 24.
(2) In order to decide whether there is a basis for suspending or cancelling a person’s driver’s licence under subregulation (1) the CEO may, by notice in writing given to the licence holder, require the person to satisfy the CEO within the period specified in the notice, being not less than 14 days, as to any matter relevant to that decision.
(3) If the person fails to satisfy the CEO within that period or within any further period that the CEO allows, the CEO may —
(a) cancel the person’s driver’s licence; or
(b) impose or vary any condition on the licence; or
(c) suspend the licence until the CEO is satisfied as to the matter.
(4) The CEO may, by notice in writing given to the licence holder, cancel or suspend a person’s driver’s licence if —
(a) the licence was granted contrary to a road law; or
(b) the person obtained the grant of the licence on the basis of incorrect or misleading information, whether or not fraud or misrepresentation was involved, by means of a form of payment that was subsequently dishonoured, or in a manner contrary to this Act; or
(c) the holder of the licence has failed to comply with any condition imposed on the licence.
(5) Cancellation or suspension of a driver’s licence under subregulation (4) does not affect the liability of the licence holder to any penalty attributable to anything referred to in subregulation (4)(b) or (c).
(1) A learner’s permit may describe the driving that it authorises by referring to the classes of authorisation that a driver’s licence may give.
(2) A learner’s permit giving a particular class of authorisation authorises the holder to drive on a road, solely for the purpose of learning to drive the vehicle —
(a) a motor vehicle the class of which has the same designation as the class of authorisation; or
(b) a motor vehicle of any other class shown in Schedule 2 column 2 for that class of authorisation, other than a motor vehicle that the permit holder is already authorised to drive.
(3) The authorisation that a learner’s permit gives the holder to drive on a road ceases if the holder is granted a driver’s licence authorising the kind of driving that the holder was learning when driving under the permit.
(1) Subregulation (2) describes who may, although not holding a licence under the
Motor Vehicle Drivers Instructors Act 1963 , give a person who holds a learner’s permit driving instruction in the course of which the permit holder is authorised to drive a motor vehicle on a road in accordance with the permit.(2) The driving instruction may be given by —
(a) a person who is an instructor in a youth driver education course conducted or supervised by a body authorised by the CEO for that purpose; or
(b) a person who is authorised to perform any driving of a kind for which the driving instruction is to be given and has had that authorisation for a period of, or periods adding up to —
(i) in the case of the driving of a moped, at least 2 years; or
(ii) in any other case, at least 4 years.
(3) In subregulation (2)(b) —
(1) A person who has not reached 16 years of age cannot hold a learner’s permit unless —
(a) subregulation (2) applies; or
(b) under subregulation (3), the CEO waives the requirement to have reached that age.
(2) A person who has reached 15 years and 6 months of age may hold a learner’s permit authorising the person, while learning, to drive only a moped.
(3) The CEO may in a particular case waive the requirement to have reached 16 years of age if the CEO is satisfied that denial of the permit would occasion undue hardship.
Before a person can hold a learner’s permit the person must have satisfied the CEO that the person can demonstrate the knowledge of the traffic laws of the State and of safe driving techniques that is referred to in regulation 20 unless under regulation 22(5) the CEO has waived the requirement to be able to demonstrate that knowledge.
(1) Before a person can hold a learner’s permit the person must have satisfied the CEO that the person meets the relevant requirements of subregulations (2) and (3) other than a requirement that the CEO has waived under subregulation (6).
(2) For a learner’s permit authorising the person, while learning, to drive a motor vehicle of a particular class specified in Schedule 8 column 1, the person must have held —
(a) a driver’s licence described for that class in column 2; or
(b) any Australian driver licence or foreign driving authorisation that was substantially equivalent to a driver’s licence described for that class in column 2.
(3) If Schedule 8 column 3 specifies a period of time, the person must have held a driver’s licence as described, or a substantially equivalent authorisation, for a period of, or periods adding up to, at least the amount of time specified in column 3.
(4) A reference in subregulation (2) or Schedule 8 column 2 to a driver’s licence authorising a person to drive a vehicle does not include a driver’s licence that authorises the person to drive the vehicle only when learning.
(5) Subregulation (1) does not apply to the granting of a learner’s permit authorising a person, while learning, to drive only a motor vehicle of class R that may be driven by the holder of a restricted motor cycle licence or moped licence.
(6) The CEO may in a particular case waive a requirement of subregulation (2) or (3) if the CEO is satisfied that denial of the permit would occasion undue hardship.
(1) In this regulation —
(2) This regulation specifies conditions that apply to every learner’s permit and are in addition to any other condition.
(3) Whenever the learner drives on a road a motor vehicle to which a learner’s permit applies —
(a) the learner must be accompanied by the instructor; and
(b) the speed of the motor vehicle must not exceed 100 km/h at any time.
48. Effect of breaching condition (1) The authorisation that a learner’s permit gives to drive a motor vehicle does not apply while the vehicle is being driven in contravention of the condition specified in regulation 47(3)(a) but continues to apply while the vehicle is being driven in contravention of any other condition.
(2) The holder of a learner’s permit must not contravene the condition specified in regulation 47(3)(b) or any other condition.
Penalty for this subregulation: a fine of 4 PU.
Modified penalty for this subregulation: 2 PU.
(3) Subregulation (2) does not apply to the condition specified in regulation 47(3)(a).
(1) A person who drives a motor vehicle on a road while learning to drive, whether as authorised by a learner’s permit or because of regulation 56(1) or (2), must display on the vehicle 2 plates (
L plates ) conforming with subregulation (2), one of which is readily visible from the front of the vehicle and the other of which is readily visible from the rear of the vehicle.
Penalty for this subregulation: a fine of 2 PU.
Modified penalty for this subregulation: 1 PU.
(2) Each L plate must measure not less than 150 mm by 150 mm and bear a black letter “L” clearly marked on a yellow background.
(3) The person in charge of a motor vehicle that another person drives on a road while learning to drive must ensure that L plates are displayed as required by subregulation (1).
Penalty for this subregulation: a fine of 2 PU.
Modified penalty for this subregulation: 1 PU.
(4) A person must not drive on a road a motor vehicle displaying an L plate unless —
(a) the person is driving while learning, as authorised by a learner’s permit or because of regulation 56(1) or (2); or
(b) a person who is authorised as described in paragraph (a) (the
learner ) is sitting beside the driver and the driver is authorised to give, and is driving in the course of giving, driving instruction to the learner.
Penalty for this subregulation: a fine of 2 PU.
Modified penalty for this subregulation: 1 PU.
(1) An application for a learner’s permit may be made to the CEO in a form approved by the CEO.
(2) The application must give details of the authorisation sought, the applicant’s identity, and other matters that are relevant to dealing with the application.
(1) The CEO must issue a permit document to the holder of a learner’s permit as evidence of the authorisation given by the permit.
(2) The document must be in a form that the CEO considers suitable.
(3) The document may consist of 2 or more components, which together constitute the permit document.
(1) If a learner’s permit document is lost, stolen, destroyed or there is any other good reason for it to be replaced, the CEO must issue a replacement permit document to the permit holder, on the permit holder’s request and payment of the fee payable under Part 7.
(2) The CEO may require that, before the document is issued, the permit holder provide proof, to the CEO’s satisfaction, of the permit holder’s identity.
(3) A document issued under this regulation becomes the permit document.
The CEO may suspend a learner’s permit by notice in writing given to the permit holder.
(1) In this Part —
(2) In this Part, a reference to a driver’s licence —
(a) does not include a provisional licence; but
(b) includes an extraordinary licence or any other driver’s licence, in either case whether or not the licence is suspended.
If the holder of a driver’s licence or learner’s permit is disqualified from holding or obtaining a driver’s licence by order of a court on being convicted of an offence (the
(a) if the present offence is a prescribed offence, other than an offence under RTA section 64 and the holder has previously been convicted of a prescribed offence; or
(b) if the present offence is an offence under RTA section 64 and the holder has previously been convicted of a prescribed offence within the period of 5 years preceding the holder’s conviction for the present offence; or
(c) if the present offence is an alcohol interlock offence.
(1) Subregulation (2) applies if the holder of a driver’s licence or learner’s permit is disqualified from holding or obtaining a driver’s licence —
(a) by order of a court on being convicted of an offence, unless the licence or permit is cancelled by force of regulation 53B in consequence of the conviction; or
(b) by operation of the Act; or
(c) by a licence suspension order made under the
Fines, Penalties and Infringement Notices Enforcement Act 1994 .
(2) If this subregulation applies, the licence or permit is by force of this regulation suspended so long as the disqualification continues in force.
For the purposes of the definition of
(a) the Secretary of the Attorney‑General’s Department of the Commonwealth; and
(b) an APS employee, as defined in the
Public Service Act 1999 (Commonwealth) section 7, in the Attorney‑General’s Department of the Commonwealth nominated by the Secretary of the Attorney‑General’s Department of the Commonwealth to the CEO.
For the definition of
(a) the Commissioner, as defined in the
Australian Federal Police Act 1979 (Commonwealth) section 4(1);(aa) the Australian Border Force Commissioner appointed under the
Australian Border Force Act 2015 (Commonwealth) section 11(1);(b) the Commissioner, as defined in the
Corruption, Crime and Misconduct Act 2003 section 3(1);(ca) the Public Sector Commissioner, but only when the Public Sector Commissioner is performing functions under the
Corruption, Crime and Misconduct Act 2003 ;(c) the Commissioner (however designated) of the police force of another State or of the Northern Territory.
[(d)-(h) deleted]
(1) A person may drive on a road a motor vehicle referred to in subregulation (2) even though the person is not authorised to do so other than by this regulation.
(2) The motor vehicles that this regulation authorises a person to drive on a road are these —
(a) a motor vehicle used only on a railway or tramway;
(b) a motor vehicle designed to be controlled by a person walking next to it;
(c) a motor vehicle propelled by a motor having a maximum power output not exceeding 200 W;
(d) a power assisted pedal cycle;
(e) a motorised wheelchair that cannot travel at a speed above 10 km/h;
(f) a motor vehicle used for the purpose of road maintenance or road construction if it is —
(i) situated between traffic signs on a road maintenance or road construction site; and
(ii) operated for, by, or under the control of, a government department, government instrumentality, statutory authority or local government; and
(iii) fitted with a light displaying intermittent yellow flashes (or flashes of another colour or colours approved by the CEO);
(g) an electric personal transporter that cannot travel at a speed exceeding 10 km/h, used only in an electric personal transporter use area;
(h) an electric rideable device.
(1) An Australian driver licence that authorises certain driving on a road in this State on condition A, condition B or condition E also authorises that driving when the condition is not complied with but only to the extent that the driving would be authorised if the licence holder held the appropriate learner’s permit.
(2) A driver’s licence described in Schedule 8 column 2, or a substantially equivalent Australian driver licence, also authorises the licence holder to drive a motor vehicle of the class specified for that kind of licence in Schedule 8 column 1 but only to the extent that the driving would be authorised if the licence holder held the appropriate learner’s permit.
(3) If Schedule 8 column 3 specifies a period of time, subregulation (2) does not apply unless the person has held the driver’s licence, or a substantially equivalent authorisation, for a period of, or periods adding up to, at least the amount of time specified in column 3.
(4) Without affecting any other limitation on the driving for the purposes of learning that is authorised because of subregulation (1) or (2) —
(a) the driving can only be in the course of instruction by a person referred to in section 10(2); and
(b) each condition in regulation 47 applies as if the licence were a learner’s permit.
57. CEO may permit certain driving without licence (1) If, in a particular case, there are exceptional circumstances because of which it would be in the public interest for a person to drive a motor vehicle on a road even though not otherwise authorised by law to do so, the CEO may permit that driving and may make that permit subject to conditions.
(2) The permit and the conditions are to be in writing given to the person permitted to drive.
(3) Without limiting the other circumstances in which the CEO may give a permit under this regulation, the CEO may permit a person to drive a motor vehicle if —
(a) the person is a novice driver (type 1A) and is found driving a motor vehicle in circumstances in which the driving is unauthorised because it is between midnight and the following 5 a.m.; and
(b) having regard to all the relevant circumstances, including the location and the safety of the novice driver and any passengers, it is appropriate to give the permit.
58. Foreign driving authorisation may not prevent grant of driver’s licence
The CEO may grant a driver’s licence to a person who still holds a foreign driving authorisation if the person satisfies the CEO that the person reasonably expects to drive under that authorisation in a place that is governed by the law under which the authorisation was granted.
(1) The CEO must recognise under this subregulation a licence or other authorisation granted to a person under the law of another jurisdiction authorising the person to drive a motor vehicle on a road whether or not solely for the purpose of learning to drive it (
another jurisdiction’s driving authorisation ).(2) If the CEO recognises another jurisdiction’s driving authorisation under subregulation (1), the CEO must also recognise any condition to which the authorisation is subject that is capable of applying in this State.
(3) Despite subregulation (1), another jurisdiction’s driving authorisation must not be recognised under that subregulation in any period during which it is recognised under regulation 60A(2) or 60B(2).
(4) Subregulation (3) does not prevent another jurisdiction’s driving authorisation from being recognised under subregulation (1) after the end of any period during which it is recognised under regulation 60A(2) or 60B(2).
(1) The CEO must recognise under this subregulation an authorisation granted to a person under a foreign law authorising the person to drive a motor vehicle on a road (a
foreign driving authorisation ).(2) In subregulation (1) —
(3) Subregulation (1) does not apply to an authorisation to drive a vehicle solely for the purpose of learning to drive it unless it is granted under a law of an external Territory or of New Zealand.
(4) If the CEO recognises a foreign driving authorisation under subregulation (1), the CEO must also recognise any condition to which the authorisation is subject that is capable of applying in this State.
(5) Despite subregulation (1), a foreign driving authorisation must not be recognised under that subregulation in any period during which it is recognised under regulation 60A(3) or 60B(3).
(6) Subregulation (5) does not prevent a foreign driving authorisation from being recognised under subregulation (1) after the end of any period during which it is recognised under regulation 60A(3) or 60B(3).
(1) In this regulation —
(a) beginning on the day on which the
Road Traffic (Authorisation to Drive) Amendment Regulations 2022 regulation 8 comes into operation; and(b) ending on —
(i) 28 February 2023; or
(ii) a later day, which must not be later than 31 August 2024, approved by the CEO by notice published on the Department’s website.
(2) During the heavy vehicle extended recognition period, the CEO must recognise under this subregulation another jurisdiction’s driving authorisation that authorises the driving of vehicles that have a GVM of more than 4.5 t.
(3) During the heavy vehicle extended recognition period, the CEO —
(a) must recognise under this paragraph foreign driving authorisations of New Zealand that authorise the driving of vehicles that have a GVM of more than 4.5 t; and
(b) may, by notice published on the Department’s website, recognise under this paragraph foreign driving authorisations of 1 or more other countries or external Territories specified in the notice, being authorisations that authorise the driving of vehicles that have a GVM of more than 4.5 t.
(4) The recognition of foreign driving authorisations of a country or external Territory under subregulation (3)(b) may be limited to foreign driving authorisations granted on or after a date specified in the notice.
(1) The CEO may exercise the CEO’s powers under either or both of subregulations (2) and (3) if —
(a) either of the following declarations (an
emergency declaration ) has been made in relation to an emergency (whether or not the declaration is still in force) —(i) an emergency situation declaration under the
Emergency Management Act 2005 section 50;(ii) a state of emergency declaration under the
Emergency Management Act 2005 section 56;
and
(b) the CEO considers that it is necessary to exercise those powers —
(i) for the purpose of ameliorating a shortage of drivers, or drivers who are authorised to drive vehicles of a particular class, that has arisen in connection with the emergency or the response to the emergency; or
(ii) as a result of impediments to the administrative processes involved in the grant of drivers’ licences that have arisen in connection with the emergency or the response to the emergency.
[(1A) deleted] (2) The CEO may, by notice published on the Department’s website, recognise under this subregulation —
(a) all licences or other authorisations granted to persons under laws of other jurisdictions authorising those persons to drive motor vehicles on roads (whether or not solely for the purposes of learning to drive them) (
other jurisdictions’ driving authorisations ); or(b) other jurisdictions’ driving authorisations that authorise the driving of vehicles of a class specified in the notice.
(3) The CEO may, by notice published on the Department’s website, recognise under this subregulation —
(a) all foreign driving authorisations of 1 or more countries or external Territories specified in the notice; or
(b) foreign driving authorisations of 1 or more countries or external Territories specified in the notice that authorise the driving of vehicles of a class specified in the notice.
(4) The recognition of foreign driving authorisations of a country or external Territory under subregulation (3)(a) or (b) may be limited to foreign driving authorisations granted on or after a date specified in the notice.
(5) A notice under subregulation (2) or (3) (a
notice of recognition ) must specify —(a) the emergency declaration to which it relates; and
(b) the period for which it has effect, which must not be longer than 18 months.
(6) The CEO may, by notice published on the Department’s website —
(a) if the period specified under subregulation (5)(b) in a notice of recognition is less than 18 months — extend the period, but not so that the period becomes longer than 18 months; or
(b) revoke a notice of recognition.
(7) A driving authorisation that is recognised under subregulation (2) or (3) is recognised under that subregulation for the period specified under subregulation (5)(b) in the notice of recognition, subject to any extension of the period or earlier revocation of the notice under subregulation (6).
(1) The CEO must not recognise foreign driving authorisations granted under a law of a country or external Territory under regulation 60A(3)(b) or 60B(3) unless the CEO is satisfied that —
(a) the standards for training and assessing drivers that apply for the purposes of the grant of foreign driving authorisations in that country or external Territory are sufficiently similar to those that apply for the purposes of the grant of drivers’ licences; and
(b) the driving conditions in the country or external Territory are sufficiently similar to those in this State.
(2) If the CEO recognises a driving authorisation under regulation 60A or 60B, the CEO must also recognise any condition to which the authorisation is subject that is capable of applying in this State.
(1) A driving authorisation recognised under regulation 59, 60, 60A or 60B authorises the holder of that authorisation to drive in this State as if the holder held a driver’s licence under this Act to a substantially corresponding effect.
(2) However, a driving authorisation recognised under regulation 59, 60, 60A or 60B does not authorise driving in this State —
(a) to any greater extent than it would authorise driving in the other jurisdiction, external territory or country; or
(b) at any time when it is suspended or for any other reason ineffective under the law of the place where the authorisation was granted; or
(c) at any time when the person —
(i) holds a driver’s licence; or
(ii) is disqualified from holding or obtaining a driver’s licence; or
(iii) is excluded under regulation 62 from being authorised by this regulation to drive a motor vehicle.
(3) A driving authorisation recognised under regulation 59 does not authorise the person who holds it to drive in this State if —
(a) the person usually resides in this State; and
(b) the period for which the person has been usually resident in this State exceeds 3 months.
(3A) Despite subregulation (3), a driving authorisation recognised under regulation 59 authorises the person who holds it to drive in this State if the person is the holder of a Defence Force member card or a Defence Force family member card.
(4) A driving authorisation recognised under regulation 60 does not authorise the person who holds it to drive in this State if —
(a) the person holds a permanent visa granted under the
Migration Act 1958 (Commonwealth); and(b) the person usually resides in this State; and
(c) the period for which the person has been usually resident in this State since the granting of that visa exceeds 3 months.
(5) The recognition of a condition of another jurisdiction’s driving authorisation under regulation 59, 60A(2) or 60B(2) has the effect that a contravention of the condition may be taken to be a contravention of a condition of a driver’s licence under this Act and is punishable accordingly.
(6) Despite subregulations (2)(a) and (5), if the motor vehicles that a driving authorisation recognised under regulation 60 or 60B(3) authorises the holder to drive are vehicles that have a GVM of 3.5 t or less, the authorisation under this regulation is for vehicles that have a GVM of 4.5 t or less.
(1) The CEO may, by notice in writing given to a person who holds a driving authorisation recognised under regulation 59, 60, 60A or 60B, exclude the person from being authorised by regulation 61 to drive a motor vehicle on a road in this State.
(2) The reasons for which the CEO may exclude a person under subregulation (1) are that —
(a) the CEO believes that any of paragraphs (a) to (d) of regulation 25 applies to the person; or
(b) the person is not sufficiently able to safely drive motor vehicles as regulation 61 would authorise.
A person whose authority to drive depends on another jurisdiction’s driving authorisation must —
(a) while driving a motor vehicle on a road, carry —
(i) the official document that is evidence of the authorisation; and
(ii) the Defence Force member card or Defence Force family member card held by the person if the card is required, under regulation 61(3A), for the authorisation to be recognised under regulation 59;
and
(b) produce that document or card for inspection if directed to do so by a police officer.
Penalty:
(a) for a first offence, a fine of 8 PU;
(b) for a subsequent offence, a fine of 16 PU.
Modified penalty: 3 PU.
(1) In this regulation —
(a) in all circumstances; or
(b) except under certain conditions or subject to certain limitations; or
(c) unless measures are taken to overcome the impairment.
(2) A person applying for the grant of a learner’s permit or a driver’s licence, other than by way of renewal must, when applying, inform the CEO of any driving impairment of the person.
Penalty for this subregulation: a fine of 10 PU.
Modified penalty for this subregulation: 1 PU.
(3) If a person who holds a learner’s permit or a driver’s licence becomes affected by any driving impairment of the person of which the person has not already informed the CEO the person must, as soon as practicable, inform the CEO in writing of the impairment.
Penalty for this subregulation: a fine of 10 PU.
Modified penalty for this subregulation: 1 PU.
(4) If a person who has informed the CEO of a driving impairment of the person becomes affected by an increase in the extent of the impairment to a degree that is substantially different from that of which the CEO was most recently informed the person must, as soon as practicable, inform the CEO in writing of the development.
Penalty for this subregulation: a fine of 10 PU.
Modified penalty for this subregulation: 1 PU.
(5) If a person who has informed the CEO of a driving impairment of the person later informs the CEO that the person has ceased to be affected by the impairment but subsequently becomes again affected by it the person must, as soon as practicable, inform the CEO in writing of the development.
Penalty for this subregulation: a fine of 10 PU.
Modified penalty for this subregulation: 1 PU.
(1) In this regulation —
(2) For section 41, an offence under a provision of the
Road Traffic Act 1974 that is mentioned in the Table is a demerit point offence in WA, and the number of demerit points set out in the Table opposite the provision is the number of demerit points applying to the offence.
s. 49(1) | A first offence of driving while not authorised, other than if the | |
(a) occurs between midnight and the following 5 a.m. | 2 | |
(b) relates to the number of passengers carried in a motor vehicle | 2 | |
s. 61 | A first offence of dangerous driving | 6 |
s. 62 | Careless driving | 3 |
s. 62A | Causing excessive noise, smoke | 3 |
s. 64AA | A first offence of driving or attempting to drive a motor vehicle while having a blood alcohol content — | |
(a) of or above 0.05 g but less than 0.06 g of alcohol per 100 mL of blood — | ||
| 6 | |
| 3 | |
(b) of or above 0.06 g but less than 0.07 g of alcohol per 100 mL of blood — | ||
| 8 | |
| 4 | |
(c) of or above 0.07 g of alcohol per 100 mL of blood — | ||
| 10 | |
| 5 | |
s. 64AAA | Driving or attempting to drive a motor vehicle while having any blood alcohol content | 3 |
s. 64AC | A first offence of driving or attempting to drive a motor vehicle while a prescribed illicit drug is present in the person’s oral fluid or blood — | |
(a) during a holiday period | 6 | |
(b) other than during a holiday period | 3 | |
s. 67AB | A first offence of failing to comply with a requirement under the | |
(a) during a holiday period | 6 | |
(b) other than during a holiday period | 3 | |
s. 81G(2) | Driving a motor vehicle, on a road, that has a radar detector fitted to, within or on the vehicle — | |
(a) during a holiday period | 14 | |
(b) other than during a holiday period | 7 |
(3) For section 41, an offence that involves the driving or use of a motor vehicle is a demerit point offence in WA if it is an offence under the
Road Traffic Code 2000 for which a penalty is expressed as a number of points, and the number of demerit points applying to the offence is that number of points.(4) Despite subregulation (3), an offence that is committed by a person driving or using a motor vehicle that is a motorised scooter or electric rideable device is not a demerit point offence.
For section 41, an offence under the
(1) In this regulation —
(2) If a public holiday falls on a Monday, the period of 4 days beginning with the last Friday before that Monday and ending with that Monday is a holiday period.
(3) If a public holiday falls on a Friday, the period of 4 days beginning with the Thursday before that Friday and ending with the next Sunday after that Friday is a holiday period.
(4) Despite subregulations (2) and (3), the period of 5 days beginning with the Thursday before Good Friday and ending with Easter Monday is a holiday period.
(5) Despite subregulations (2) and (3), the period of 17 days beginning with the last Friday before Christmas Day is a holiday period.
(1) In this regulation —
(2) This regulation applies if under section 56(3) or (4) demerit points are removed from the demerit points register.
(3) A notice under section 49(1) ceases to have effect if the giving of the notice required the cancellation of the demerit points that are subsequently removed but the notice has not resulted in —
(a) a period of disqualification commencing before the day on which the demerit points are removed; or
(b) a person making a section 51 election.
(4) If the giving of a notice under section 49(1) required the cancellation of the demerit points that are subsequently removed and, when the demerit points are removed, the notice has not resulted in a period of disqualification commencing but has resulted in a person making a section 51 election, the notice and the election each cease to have effect.
(5) In circumstances described in subregulation (3) or (4), any demerit points that were cancelled as a result of the notice, except any subsequently removed, have the effect, if any, that they would have if they had not been cancelled.
(6) Subregulation (7) applies if —
(a) the giving of a notice under section 49(1) required the cancellation of any demerit point subsequently removed; and
(b) at the time of removal —
(i) the notice has resulted in a period of disqualification; or
(ii) the notice has resulted in a person making a section 51 election and a period of disqualification under section 52 has resulted from a notice given under section 52(1) for an offence during the section 51 election period.
(7) In circumstances described in subregulation (6) —
(a) if a notice under section 49(1) would not have been given if each demerit point removed had never been recorded —
(i) the period of disqualification ceases at the time of removal if it has not already expired; and
(ii) any demerit points that were cancelled as a result of the notice, except any removed or under subregulation (8) credited as served, have the effect, if any, that they would have if they had not been cancelled;
and
(b) if a notice under section 49(1) would have been given even if each demerit point removed had never been recorded —
(i) the period of disqualification, whether or not it has already expired, is adjusted, if required, to what it would have been if the points removed had never been recorded; and
(ii) if a greater period of disqualification has already been served than the adjusted period (in which case the difference is called the
excess period served ), the number of current demerit points, if any, then recorded against the person must be reduced by cancelling one or more points according to subregulation (9).
(8) In the circumstances in which subregulation (7)(a) applies, a whole number of demerit points are to be credited as served, the number being at least the same proportion of the number of points that were cancelled as the period of disqualification served represents of the full period of the disqualification under section 49 or 52, as the case requires.
(9) In the circumstances in which subregulation (7)(b)(ii) applies, the number of points to be cancelled cannot be more than the number of current demerit points the person then has, but otherwise is the lowest whole number that is not less than N in this formula —
where —
d is the number of days in the excess period served.
(10) Neither subregulation (3), (4) nor (7)(a)(i) prevents a further notice from being given under section 49(1).
A notice referred to in section 59 may be given to a person by a form of mail that involves the person taking personal delivery of the notice and acknowledging in writing having taken delivery of it.
In this Part —
(a) a person who has been convicted of an alcohol interlock offence committed on or after the scheme commencement day; or
(b) a person who —
(i) holds; or
(ii) immediately before being granted a driver’s licence, held,
another jurisdiction’s driving authorisation which is or was subject to a condition or restriction limiting the authorisation to vehicles fitted with alcohol interlocks,
and who in either case has not ceased to be an alcohol offender under regulation 69F(a);
(a) prior to the operation of the vehicle, provide the interlock with a breath specimen containing a concentration of alcohol sufficient to cause the interlock to prevent the vehicle from being operated; or
(b) during the operation of the vehicle, provide the interlock with a breath specimen containing a concentration of alcohol sufficient to cause the interlock to signal that the vehicle ought not to be operated; or
(c) during the operation of the vehicle, fail to provide the interlock with a breath specimen when the interlock requires it.
The following are prescribed as a class of persons for the purposes of RTA section 49(3)(da) —
(a) alcohol offenders who drive a motor vehicle on a road while having no authorisation to drive;
(b) alcohol offenders who drive a motor vehicle on a road in breach of condition I.
Alcohol offenders are prescribed as a class of persons for the purposes of RTA section 64A(2)(g).
(1) If a driver’s licence is granted to an alcohol offender, the CEO must endorse the licence with condition I.
(2) Subregulation (1) applies to an extraordinary licence regardless of the terms of the court order directing the grant of the extraordinary licence.
(3) This regulation is subject to regulation 69E.
(1) This regulation applies to an alcohol offender who the CEO is satisfied —
(a) resides in a place that is more than 150 kilometres from any premises at which the services of an accredited service provider are provided; or
(b) suffers from a medical condition that, in the opinion of the CEO, would prevent the person from operating an alcohol interlock.
(2) When the CEO is granting a driver’s licence to an alcohol offender to whom this regulation applies, the CEO must not endorse the licence with condition I except at the written request of the alcohol offender.
(3) At the written request of an alcohol offender to whom this regulation applies who holds a driver’s licence not endorsed with condition I, the CEO must vary the licence by endorsing it with condition I.
(4) At the written request of an alcohol offender to whom this regulation applies who holds a driver’s licence endorsed with condition I —
(a) the CEO must vary the licence by revoking condition I; and
(b) on revocation of condition I the holder of the licence ceases to be an interlock‑restricted driver.
If an interlock‑restricted driver is taken under regulation 69Q to have demonstrated the separation of drinking and driving behaviour —
(a) the interlock‑restricted driver ceases to be an alcohol offender; and
(b) the CEO must vary any driver’s licence held by the interlock‑restricted driver by revoking condition I.
(1) The CEO may, in writing, accredit a person as a service provider for the purposes of the alcohol interlock scheme.
(2) In deciding whether or not to accredit a person, the CEO must have regard to the person’s capacity to provide the services and discharge the functions mentioned in regulation 69H.
(3) The CEO may accredit a person subject to the person complying with stated conditions.
(4) By notice in writing to an accredited service provider, the CEO may amend, cancel or suspend —
(a) the accredited service provider’s accreditation; or
(b) any condition to which the accreditation is subject.
(5) Subject to any conditions imposed under subregulation (3), an accredited service provider may provide services and discharge functions directly or through agents it appoints for the purpose.
(1) On the application of an accredited service provider the CEO may, in writing, approve terms for the contracts which the accredited service provider proposes to enter into with interlock‑restricted drivers.
(2) The CEO may not approve a contract under subregulation (1) unless it provides —
(a) for the accredited service provider to supply and install an approved alcohol interlock in a vehicle that is owned by or available to the interlock‑restricted driver, and to report to the CEO for the purposes of the scheme that they have done so; and
(b) for the accredited service provider to train the interlock‑restricted driver and others in the proper use of the approved alcohol interlock and in the proper use and control of a vehicle in which the approved alcohol interlock is installed; and
(c) for each restricted driving period of the interlock‑restricted driver during the currency of the contract to be divided into consecutive inspection periods; and
(d) for the interlock‑restricted driver to present the vehicle in person to the accredited service provider for inspection of the approved alcohol interlock in respect of each inspection period; and
(e) for the accredited service provider to inspect the approved alcohol interlock when the vehicle is presented and, after each inspection, to report to the CEO for the purposes of the alcohol interlock scheme —
(i) identifying the vehicle in which the interlock is installed, the interlock‑restricted driver on whose behalf the interlock was installed and the person who presented the vehicle for inspection; and
(ii) stating whether the interlock was found to be functioning properly; and
(iii) stating whether there was any indication of tampering or attempting to tamper with the interlock; and
(iv) setting out the data recorded by the interlock since the previous inspection;
and
(f) for the accredited service provider to provide other information to the CEO regarding the operation or attempted operation of an approved alcohol interlock; and
(g) on behalf of the interlock‑restricted driver, for the accredited service provider to remove the approved alcohol interlock from the vehicle and to report to the CEO that it has done so; and
(h) for the accredited service provider to charge the interlock‑restricted driver for the performance of these functions —
(i) according to a scale of charges; or
(ii) on another basis,
agreed from time to time between the service provider and the CEO; and
(i) for the accredited service provider to perform any other functions that are specified in conditions attaching to their accreditation.
(1) For the purposes of the alcohol interlock scheme, the CEO may, by notice in writing to an accredited service provider, approve —
(a) a specified alcohol interlock; or
(b) a class of alcohol interlocks that meet specified criteria.
(2) Approval under subregulation (1) may be —
(a) unconditional; or
(b) conditional upon the device continuing to comply with specified requirements relating to all or any of the following matters —
(i) the manner in which the device will record instances of its use and operation;
(ii) the occasions on which, or the frequency with which, the device is to be inspected by an accredited service provider to ensure that it is functioning properly;
(iii) the occasions on which or frequency with which the device will require a specimen of breath to be provided;
(iv) the concentration of alcohol that will cause the device to prevent the operation of the vehicle or to signal that the vehicle ought not to be operated;
(v) other circumstances in which the device is to prevent the operation of the vehicle or to signal that the vehicle ought not to be operated;
(vi) any other matter that seems desirable to the CEO.
(1) In this regulation —
(2) The CEO (Mental Health Commission) may, in writing, do any of the following —
(a) approve providers of alcohol assessment and treatment for the purposes of the alcohol interlock scheme;
(b) give an approval under paragraph (a) subject to conditions with which the approved provider is to comply;
(c) cancel or amend an approval given under paragraph (a).
In this Division —
An interlock‑restricted driver’s restricted driving period starts when, following the driver’s most recent conviction for an alcohol interlock offence, the driver has an approved alcohol interlock installed under an interlock contract in a vehicle that the driver is authorised to drive.
(1) Throughout a restricted driving period, an interlock‑restricted driver must periodically present in person the relevant vehicle for inspection of the approved alcohol interlock in respect of each inspection period in accordance with the terms of the interlock contract.
(2) An interlock‑restricted driver who holds an extraordinary licence may, despite any conditions imposed under section 32(1)(b) of the Act, drive the relevant vehicle by the most direct convenient route to and from the premises of an accredited service provider or its agent as reasonably necessary for the purpose of having the approved alcohol interlock inspected as required by subregulation (1).
Throughout a restricted driving period, the CEO may require the interlock‑restricted driver, by notice in writing to the driver, to participate in alcohol assessment and treatment if —
(a) the CEO reasonably believes that any person has tampered with or attempted to tamper with the alcohol interlock installed in the driver’s relevant vehicle; or
(b) the CEO reasonably believes that, within any inspection period, the alcohol interlock installed in the driver’s relevant vehicle has been triggered on 3 or more occasions; or
(c) the CEO reasonably believes that the driver has failed to comply with a periodic inspection obligation under regulation 69M(1).
(1) An interlock‑restricted driver’s restricted driving period terminates and immediately restarts on the occurrence of an event mentioned in column 1 of the Table with effect from the date mentioned opposite that event in column 2 of the Table.
The alcohol interlock installed in the driver’s relevant vehicle records that a person has tampered or attempted to tamper with it, and the recorded details are reported to the CEO in accordance with the interlock contract. | The recorded date of the tampering or attempted tampering. |
An inspection by an accredited service provider of an alcohol interlock installed in the driver’s relevant vehicle discloses physical evidence of tampering or attempted tampering which the interlock has not recorded, and the evidence is reported to the CEO in accordance with the interlock contract. | The date of the inspection. |
The alcohol interlock installed in the driver’s relevant vehicle records that, within any inspection period, the alcohol interlock installed in the driver’s relevant vehicle has been triggered on 3 or more occasions, and the recorded details are reported to the CEO in accordance with the interlock contract. | The recorded date of the last occasion within the inspection period on which the alcohol interlock was triggered. |
Since the most recent occasion on which a restricted driving period for the driver has either started under regulation 69L, the driver fails to comply with more than one periodic inspection obligation under regulation 69M(1). | If the failure arises because, although the vehicle is presented for inspection within the time required under the terms of the interlock contract, it is not presented personally by the driver — the date on which it is presented for inspection. If the failure arises because the vehicle is not presented for inspection within the time required under the terms of the interlock contract — the next date on which it is presented for inspection. |
(2) An interlock‑restricted driver’s restricted driving period —
(a) terminates if —
(i) the driver’s licence is suspended; or
(ii) the driver’s licence expires, unless a new licence is immediately granted to the driver; or
(iii) the driver ceases to have a relevant vehicle;
and
(b) restarts if and when the driver has both a valid and effective licence and a relevant vehicle.
(1) An interlock‑restricted driver’s restricted driving period terminates if —
(a) the driver is convicted of a further alcohol interlock offence; or
(b) the driver’s licence is cancelled in any other circumstances.
(2) A restricted driving period that terminates under subregulation (1) does not restart, but a new restricted driving period may start on the driver again becoming an interlock‑restricted driver and having a relevant vehicle.
An interlock‑restricted driver is taken to have demonstrated the separation of drinking and driving behaviour when the following conditions are satisfied —
(a) in the case of a driver who has been permanently disqualified, the driver has completed one or more restricted driving periods totalling in aggregate at least 3 years since the most recent date on which —
(i) a disqualification was imposed on the driver; or
(ii) an extraordinary licence held by the driver was cancelled;
(b) in the case of any other driver, every period of disqualification imposed on the driver has ended;
(c) the driver has started or restarted a restricted driving period that has continued for at least 180 days up to and including the current date;
(d) the CEO is reasonably satisfied that the driver has complied with any requirement under regulation 69N to participate in alcohol assessment and treatment.
(1) A person must not tamper, or cause or permit another person to tamper, with an approved alcohol interlock installed in —
(a) a relevant vehicle; or
(b) a vehicle that is being driven or is intended or expected to be driven by an interlock‑restricted driver.
Penaltyforthissubregulation: 50 PU.
(2) A person must not circumvent, or cause or permit another person to circumvent, the operation of an approved alcohol interlock installed in —
(a) a relevant vehicle; or
(b) a vehicle that is being driven or is intended or expected to be driven by an interlock‑restricted driver.
Penaltyforthissubregulation: 50 PU.
(3) Without limiting subregulation (2), a person circumvents the operation of an approved alcohol interlock if —
(a) the person provides a sample of breath for analysis by the interlock; and
(b) the breath is not that of the driver or intended or expected driver of the vehicle in which the interlock is installed.
In this Part —
(a) refuse an application for the grant of a driver’s licence; or
[(b) deleted] (c) impose a condition when granting a driver’s licence; or
(d) vary a driver’s licence, whether by imposing or varying a condition, by making, varying, or cancelling any other endorsement on it, or in any other way; or
(e) refuse an application for the variation of a driver’s licence; or
(f) suspend or cancel a driver’s licence; or
(g) under regulation 62, exclude the person from being authorised by regulation 61 to drive a motor vehicle.
As soon as practicable after making a reviewable decision, the CEO must give the person affected by the decision notice in writing —
(a) of the decision; and
(b) setting out the reasons for the reviewable decision if the decision differs from that sought by the person; and
(c) informing the person that —
(i) under regulation 72, the person may request the CEO to reconsider the reviewable decision; and
(ii) under the
Road Traffic (Administration) Regulations 2014 Part 9, the person may apply to the State Administrative Tribunal for a review of the reviewable decision or the decision made on reconsidering the reviewable decision under regulation 72.
72. Reconsideration of reviewable decisions
(1) A person affected by a reviewable decision may request the CEO in writing to reconsider the decision.
(2) The request must be made within —
(a) 28 days after receipt of the notice under regulation 71 in relation to the decision; or
(b) a longer period that is allowed by the CEO.
(3) A request for reconsideration must state the decision that the affected person wants the CEO to make after reconsideration of the reviewable decision and outline why the CEO should make that decision.
(4) Within 28 days after receiving the request, the CEO must reconsider the reviewable decision and —
(a) confirm the decision; or
(b) amend the decision; or
(c) set aside the decision and substitute a new decision.
(5) The CEO must, in writing, inform the person who made the request —
(a) of the result of the reconsideration; and
(b) if the decision maker does not make the decision sought by the person —
(i) of the reasons for the decision made on reconsidering the reviewable decision; and
(ii) that the person may apply to the State Administrative Tribunal for a review of the decision made on reconsidering the reviewable decision.
Part 7 – Fees
73. Fee for replacement driver’s licence document, learner’s permit document (1) A fee of $33.30 is payable for the issue under regulation 31(1) of a replacement driver’s licence document (including for an extraordinary licence).
(2) A fee of $33.30 is payable for the issue under regulation 52(1) of a replacement learner’s permit document.
(3) The CEO may, in a particular case and if satisfied that a licence document was stolen, exempt a person from the requirement to pay the fee that would otherwise be payable under subregulation (1).
(4) A fee is not payable under subregulation (1) or (2) if a replacement driver’s licence document or a replacement learner’s permit document is issued to replace a document that was lost, damaged or destroyed as a direct result of an approved emergency.
(5) For the purposes of subregulation (4) each of the following is an approved emergency —
(a) an emergency situation declared under the
Emergency Management Act 2005 section 50;(b) a state of emergency declared under section 56 of that Act;
(c) a hazard (as defined in section 3 of that Act) that occurs within the State and is approved by the CEO for the purposes of this paragraph.
(1) The CEO may reduce, waive or refund, in whole or in part, a fee payable by a person, or a class of persons, under regulation 73(1) or (2).
(2) If the CEO decides to reduce, waive or refund a fee under subregulation (1) in relation to a person, the CEO must give written notice of the decision to the person.
(3) If the CEO decides to reduce, waive or refund a fee under subregulation (1) in relation to a class of persons, the CEO must publish written notice of the decision on the Department’s website.
(1) The fees specified in Schedule 9 are payable in respect of the matters relating to drivers’ licences set out in that Schedule.
(2) A fee is not payable by a person for —
(a) an application for the grant of a driver’s licence in the circumstances described in regulation 37(4); or
(b) the grant of a driver’s licence in those circumstances.
(3) Subregulation (2)(b) does not affect the obligation of the person who is granted the licence to pay for a subsequent grant of a driver’s licence by way of renewal.
(1A) In this regulation —
(1) This regulation applies to a person if —
(a) the endorsement of the person’s driver’s licence (the
current licence ) as a provisional licence ceases to have effect; and(b) from the time when the person was first granted a provisional licence until the time when the endorsement of the current licence ceases to have effect, the person has not —
(i) been convicted of a motor vehicle offence; or
(ii) paid a modified penalty in relation to an infringement notice for a motor vehicle offence.
(2) On the grant to the person of a driver’s licence for a period of 1 year, by way of renewal of the person’s current licence, no fee is payable.
(3) Subregulation (4) applies if —
(a) the person is granted a driver’s licence for a period of 1 year in the circumstances mentioned in subregulation (2); and
(b) for a period of 1 year after the person is granted the licence, the person has not —
(i) been convicted of a motor vehicle offence; or
(ii) paid a modified penalty in relation to an infringement notice for a motor vehicle offence.
(4) On the grant of a driver’s licence to the person, by way of renewal of the person’s driver’s licence granted in the circumstances mentioned in subregulation (2) —
(a) if the licence is for a period of 1 year — no fee is payable; and
(b) if the licence is for a period of more than 1 year — the fee for the licence must be reduced by $100.
(1) A person is not required to pay the fee, set out in Schedule 9 items 1 and 2, to take or resit a theory test if the person or body administering the test is specified in a notice published under subregulation (2).
(2) The CEO may, by notice published in the
Gazette —(a) specify a person or body for the purposes of subregulation (1); and
(b) vary or revoke a notice under this subregulation.
(3) A person or body may be specified in a notice under subregulation (2) only if the person or body administers theory tests on behalf of the CEO under an agreement made under the
Road Traffic (Administration) Act 2008 section 11.
(1) For section 30(1), the fee for the grant of an extraordinary licence other than by way of renewal is —
(a) if the licence is granted for a period not exceeding 6 months — $91.55;
(b) if the licence is granted for a period exceeding 6 months — $183.05.
(2) For section 33(2), the fee for the grant of an extraordinary licence by way of renewal is —
(a) if the licence is granted for a period not exceeding 6 months — $21.45;
(b) if the licence is granted for a period exceeding 6 months — $42.90.
(1) On the grant of an extraordinary licence endorsed with condition I a further fee of $231.40 is payable in addition to the fee payable under regulation 77, unless the grant is by way of renewal of an extraordinary licence that is endorsed with condition I.
(2) On the grant of a driver’s licence (other than an extraordinary licence) endorsed with condition I a further fee of $231.40 is payable in addition to the fee payable under Schedule 9 item 6, unless the grant is by way of renewal of a driver’s licence (other than an extraordinary licence) that is endorsed with condition I.
(1) This regulation applies to a person if the CEO is satisfied that —
(a) the person is receiving an age pension; or
(b) the person is the holder of both a WA Seniors Card and a Commonwealth Seniors Health Card; or
(c) the person is the holder of either of these cards issued by the Department of Veterans’ Affairs of the Commonwealth —
(i) Repatriation Health Card — Totally & Permanently Incapacitated;
(ii) Repatriation Health Card — Extreme Disablement Adjustment.
(2) A fee is not payable for the grant, whether by way of renewal or otherwise, of a driver’s licence if the applicant is a person to whom this regulation applies.
(3) A fee is not payable under regulation 73 if the applicant is a person to whom this regulation applies.
(1) This regulation applies to a person if regulation 78 does not apply to that person and the CEO is satisfied that the person —
(a) holds a pensioner concession card and is receiving a pension other than an age pension; or
(b) holds a WA Seniors Card.
(2) The fee set out in regulation 73 must be reduced by 50% if the applicant is a person to whom this regulation applies.
(3) The fee set out in Schedule 9 item 6(a) must be reduced to one tenth of the fee set out in Schedule 9 item 6(b) if the applicant is a person to whom this regulation applies.
(4) The fee set out in Schedule 9 item 6(b) must be reduced by 50% if the applicant is a person to whom this regulation applies.
(5) If the applicant is a person to whom this regulation applies, the fee payable under Schedule 9 item 6(c) must be calculated as if “the fee under paragraph (b)” referred to the fee under Schedule 9 item 6(b) as reduced under subregulation (4).
A fee is not payable for the grant, whether by way of renewal or otherwise, of a driver’s licence if the CEO is satisfied that the driver’s licence is granted in respect of, and limited to, the driving of a motorised wheelchair.
(1) The CEO may, in a particular case, refund all or part of any fee paid for the grant, whether by way of renewal or otherwise, of a driver’s licence if, in the CEO’s opinion, it is just and convenient to do so.
(2) The CEO must not give a refund under this regulation in respect of any period that is less than one year.
(3) The CEO may charge a fee of $1 for giving any refund under this regulation and the fee may be deducted from the amount refunded.
(4) This regulation does not apply to a refund under regulation 29.
In this Division —
The provisions of this Division do not prejudice or affect the application of the
A driver’s licence under the
(a) having the same classification or status that applied to the licence immediately before commencement day; and
(b) on each condition that applied to the licence immediately before commencement day; and
(c) for the class or classes of authorisation that applied to the licence immediately before commencement day; and
(d) with each endorsement that applied to the licence immediately before commencement day; and
(e) for the rest of the period fixed in the licence.
(1) An application that was made under a provision of the former regulations mentioned in the Table but not finalised before commencement day must, on and from commencement day, be taken to be an application under the provision of these regulations mentioned in the Table opposite the former provision.
r. 23 | Application for a driver’s licence | r. 23 |
r. 28(1) | Application to vary a driver’s licence | r. 28(1) |
r. 38 | Application to renew a driver’s licence before its expiry | r. 38 |
r. 39 | Application to renew a driver’s licence after its expiry | r. 39 |
r. 52 | Application for a learner’s permit | r. 50 |
(2) A person who, immediately before the commencement day, was an applicant for a driver’s licence must, on and from commencement day, be taken to have reached the stage of demonstrating sufficient ability to safely drive a motor vehicle under the provision of these regulations that most closely corresponds to the stage the person reached under regulation 16 of the former regulations.
A waiver under a provision of the former regulations mentioned in the Table that was in effect immediately before commencement day must, on and from commencement day, be taken to be a waiver under the provision of these regulations mentioned in the Table opposite the former provision.
r. 22(1) | Age for holding driver’s licence | r. 22(2) |
r. 22(4) | Need to demonstrate a reasonable knowledge of State’s traffic laws and of safe driving techniques | r. 22(5) |
r. 22(5) | Periods of time for which certain licences, authorisations to be held, before holding driver’s licence |
r. 46(3) | Age for holding learner’s permit | r. 44(3) |
r. 48(6) | Periods of time for which certain licences, authorisations to be held, before holding learner’s permit | r. 46(6) |
(1) A driver’s licence document issued under regulation 31 of the former regulations that was in effect immediately before commencement day must, on and from commencement day, be taken to be a licence document issued under regulation 30 of these regulations.
(2) A learner’s permit document issued under regulation 53 of the former regulations that was in effect immediately before commencement day must, on and from commencement day, be taken to be a permit document issued under regulation 51 of these regulations.
A notice given under a provision of the former regulations mentioned in the Table that was in effect immediately before commencement day must, on and from commencement day, be taken to be a notice given under the provision of these regulations mentioned in the Table opposite the former provision.
r. 28(2) | Notice to vary a driver’s licence | r. 28(2) |
r. 41(1)(a) | Notice to suspend a driver’s licence | r. 41(1)(a) |
r. 41(1)(b) | Notice to suspend or cancel a driver’s licence | r. 41(1)(b) |
r. 41(2) | Notice requiring licence holder to satisfy CEO about basis for suspending or cancelling driver’s licence | r. 41(2) |
r. 41(4) | Notice to suspend or cancel a driver’s licence | r. 41(4) |
r. 55 | Notice to suspend or cancel a learner’s permit | r. 53 |
r. 63 | Notice to exclude person who holds a recognised driving authorisation from being authorised to drive motor vehicles on WA roads | r. 62 |
A permit given to a person under regulation 58 of the former regulations that was in effect immediately before commencement day must, on and from commencement day, be taken to be a permit given under regulation 57 of these regulations on each condition that applied to the permit immediately before commencement day.
(1) In this regulation —
(2) Without affecting the
Interpretation Act 1984 section 37(1) —(a) any right under regulation 42(3) of the former regulations to request the reconsideration of a reviewable decision is not affected by the repeal of the former regulations; and
(b) any right under regulation 42(4) of the former regulations to apply to the State Administrative Tribunal for a review of a reviewable decision or a decision made on reconsidering a reviewable decision is not affected by the repeal of the former regulations; and
(c) any reconsideration or review of a reviewable decision or a decision made on reconsidering a reviewable decision that had started, but was not finalised, before commencement day must be dealt with as if the former regulations were still in operation.
(3) A driver’s licence that is granted or varied as a result of the reconsideration or review must be taken to be a driver’s licence granted under regulation 7 of these regulations on the conditions and with the endorsements applying to the driver’s licence on its grant or variation.
A notice under the
(1) In this regulation —
(2) Points recorded against a person under RT Act s. 103 are not to be regarded as currently recorded for the purposes of the
Road Traffic Amendment Act 2006 section 36 if, before transition day, they counted towards an aggregate number of points the accumulation of which resulted in a notice of disqualification being served on the person under RT Act s. 103.(3) Subregulation (2) does not affect the continuation of any disqualification to which the person was subject immediately before the transition day.
(4) Even if disqualification because of a notice of disqualification served under RT Act s. 103 before the transition day has not taken effect before that day, the disqualification takes and has effect as specified in the notice and that section applies to the disqualification as if it had not been repealed.
(5) The reference in section 27(3) to a person being disqualified under Part 4 of the Act does not include a person disqualified by a notice of disqualification served under RT Act s. 103 before transition day.
Note:
This regulation continues the effect of the
The
“Points currently recorded in respect of a person under the
The
The
Regulation 11 applies in relation to a driver’s licence granted to a person who is a novice driver (type 1A) regardless of whether the licence was granted before, on or after regulation 7 of the
[r. 5]
R | A motor cycle or a motor carrier |
C | A motor vehicle, other than a motor cycle or motor carrier, that has a GVM of 4.5 t or less and that is equipped to seat not more than 12 adults including the driver |
LR | A motor vehicle, other than a motor cycle or motor carrier, that — |
(a) has a GVM of 4.5 t or less and that is equipped to seat more than 12 adults including the driver; or | |
(b) has a GVM of more than 4.5 t but not more than 8 t | |
MR | A motor vehicle, other than a motor cycle or motor carrier, that has 2 axles and a GVM of more than 8 t |
HR | A motor vehicle, other than a motor cycle or motor carrier, that has at least 3 axles and a GVM of more than 8 t |
HC | A motor vehicle that is attached to — |
(a) a semi‑trailer; or | |
(b) a trailer that has a GVM of more than 9 t | |
MC | Any other motor vehicle |
[r. 8 and 42]
R | |
C | A moped |
LR | A motor vehicle of class C or a moped |
MR | A motor vehicle of class LR or C or a moped |
HR | A motor vehicle of class MR, LR or C or a moped |
HC | A motor vehicle of class HR, MR, LR or C or a moped |
MC | A motor vehicle of class HC, HR, MR, LR or C or a moped |
[r. 5 and 13]
(1) A motor vehicle of class C or LR may be used to tow one trailer that complies with this clause and no other trailer.
(2) A trailer complies with this clause if and only if a mass requirement, as defined in the
Road Traffic (Vehicles) Act 2012 section 3(1), that applies under that Act to the trailer or its load or to the trailer and its load is being complied with.
A motor vehicle of class MR may be used to tow one trailer that has a GVM of 9 t or less, and no other trailer.
A motor vehicle of class HR may be used to tow one trailer that has a GVM of 9 t or less, and no other trailer.
(1) A motor vehicle of class HC may be used to tow one, but no more than one, trailer in addition to the trailer or semi‑trailer because of which it is classified as of class HC if the additional trailer —
(a) has a GVM of 9 t or less; or
(b) is an unladen converter dolly as defined in the
Road Traffic (Vehicles) Regulations 2014 regulation 3; or(c) is an unladen low loader dolly.
(2) In subclause (1)(c) —
(a) is usually coupled between a prime mover and a low loader (a gooseneck semi‑trailer with a loading deck no more than 1 m above the ground); and
(b) consists of a gooseneck rigid frame; and
(c) does not directly carry any load on itself; and
(d) is equipped with one or more axles, a kingpin and a fifth wheel coupling as that term is defined in the
Road Traffic (Vehicles) Regulations 2014 regulation 3.
[r. 17(1)]
R (but see r. 17(2), (2A) and (3)) | A motor cycle that is not a moped or learner approved motor cycle and has — (a) a power to weight ratio that exceeds 150 kW/t; or (b) an engine capacity that exceeds 660 cm |
C | A motor vehicle of class C |
LR | A motor vehicle of class LR |
MR | A motor vehicle of class MR except a prime mover |
HR | A motor vehicle, except a prime mover, that is of class HR and has at least 3 axles and a GVM of more than 15 t |
HC | A prime mover that — (a) has at least 3 axles and a GVM of more than 15 t; and (b) is attached to one semi‑trailer that has at least 2 axles, an unladen mass exceeding 4 500 kg, a GVM of 16 t or more and a length of at least 10 m OR A motor vehicle, except a prime mover, that — (a) has at least 3 axles and a GVM of more than 15 t; and (b) is attached to one trailer that has an unladen mass exceeding 4 500 kg, a GVM of 16 t or more and a length of at least 7 m |
MC | A prime mover that — (a) has at least 3 axles and a GVM of more than 15 t; and (b) is attached to one semi‑trailer and one trailer each of which has at least 2 axles, an unladen mass exceeding 4 500 kg, a GVM of 16 t or more and a length of at least 10 m |
OR A prime mover that — (a) has at least 3 axles and a GVM of more than 15 t; and | |
(b) is attached to 2 semi‑trailers each of which has at least 2 axles, an unladen mass exceeding 4 500 kg, a GVM of 16 t or more; and (c) together with the semi‑trailers has a length of at least 22 m OR A motor vehicle of class HR that — (a) has at least 3 axles and a GVM of more than 15 t; and (b) is attached to 2 trailers each of which has at least 2 axles, an unladen mass exceeding 4 500 kg, a GVM of 16 t or more and a length of at least 7 m |
[r. 21(1)]
R (but see r. 21(4)) | A restricted motor cycle licence | 2 years |
LR | A car licence | one year |
MR | A car licence | one year |
HR | A car licence that is not provisional | 2 years |
HC | A car licence that is not provisional AND | 3 years |
A licence that is not provisional and authorises a person to drive a motor vehicle of class MR or HR | one year | |
MC | A licence that authorises a person to drive a motor vehicle of class HR or HC | one year |
[r. 34 and 35]
A | The authorisation to drive a motor vehicle applies only if the vehicle is fitted with automatic transmission |
B | The authorisation to drive a motor vehicle applies only if the vehicle is fitted with automatic or synchromesh transmission |
E | The authorisation to drive a motor vehicle of class R applies only if the vehicle is a learner approved motor cycle or a moped |
I | The authorisation to drive a motor vehicle applies only if an approved alcohol interlock is installed in the vehicle and is in operation |
N | The authorisation to drive a motor vehicle of class R applies only if the vehicle is a moped |
S | The authorisation to drive a motor vehicle applies only if the licence holder wears corrective eye lenses while driving |
Z | The authorisation to drive a motor vehicle does not apply if the licence holder has a blood alcohol content of or above 0.02 g per 100 mL of blood |
[r. 46 and 56]
R (but see r. 46(5)) | A driver’s licence that authorises a person to drive a motor vehicle of class R and is endorsed with condition E | |
LR | A car licence | |
MR | A car licence | |
HR | A car licence | one year |
HC | A car licence AND | 2 years |
A driver’s licence that authorises a person to drive a motor vehicle of class MR or HR | ||
MC | A driver’s licence that authorises a person to drive a motor vehicle of class HR or HC |
[r. 74, 76 and 79]
In this Schedule —
(a) a car hazard perception test; or
(b) a motor cycle hazard perception test;
(a) in relation to an application for a driver’s licence, means a driving test to satisfy the CEO that the applicant is able to control a motor vehicle of the appropriate class;
(b) in relation to an application by the holder of a driver’s licence for a condition or limitation endorsed on the licence to be revoked, means a driving test to satisfy the CEO that the condition or limitation should be revoked;
$ | ||
1. | Fee to take a theory test for the first time | 22.40 |
2. | Fee to resit a theory test | 19.20 |
3. | Application for a driver’s licence — | |
(a) including 1 practical driving assessment — | ||
| 150.80 | |
| 337.20 | |
(b) if the motor vehicle is of class MC (in which case a practical driving assessment is conducted by someone other than the CEO) or if a practical driving assessment is not required | 63.50 | |
4. | Each additional practical driving assessment — | |
(a) if the motor vehicle is not of class HC or MC | 120.50 | |
(b) if the motor vehicle is of class HC or MC | 300.50 | |
6. | Grant of a driver’s licence whether or not by way of renewal — | |
| 48.20 | |
| 168.00 | |
| for each year or part of a year, 20% of the fee under par. (b) | |
7. | First car hazard perception test in respect of a driver’s licence application | 29.90 |
8. | First motor cycle hazard perception test in respect of a driver’s licence application | 29.90 |
9. | Each additional hazard perception test in respect of a driver’s licence application | 24.10 |
10. | Fee for hard copy version of logbook referred to in regulation 16A(2)(b)(ii) | 10.70 |
11. | Copy of excessive demerit points notice as defined in section 40(1) previously given to a person | 23.30 |
This is a compilation of the
23 Dec 2014 p. 5011-101 | 27 Apr 2015 (see r. 2 and | |
27 May 2015 p. 1873‑5 | r. 1 and 2: 27 May 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) | |
26 Jun 2015 p. 2275 | r. 1 and 2: 26 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)(ii) and | |
13 Nov 2015 p. 4663 | r. 1 and 2: 13 Nov 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Nov 2015 (see r. 2(b)) | |
27 May 2016 p. 1549‑54 | 1 Jul 2016 (see r. 2(b)) | |
28 Jun 2016 p. 2655‑92 | 4 Jul 2016 (see r. 2(b)) | |
19 Aug 2016 p. 3572‑5 | r. 1 and 2: 19 Aug 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 20 Aug 2016 (see r. 2(b)) | |
20 Sep 2016 p. 3968‑82 | r. 1 and 2: 20 Sep 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 24 Oct 2016 (see r. 2(b)) | |
28 Oct 2016 p. 4919 | r. 1 and 2: 28 Oct 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Oct 2016 (see r. 2(b)(ii)) | |
26 May 2017 p. 2636‑9 | 28 Jul 2017 (see r. 2(b)) | |
26 May 2017 p. 2639‑45 | 1 Jul 2017 (see r. 2(b)) | |
3 Oct 2017 p. 5050‑4 | r. 1 and 2: 3 Oct 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Oct 2017 (see r. 2(b)) | |
25 May 2018 p. 1640‑7 | 1 Jul 2018 (see r. 2(b)) | |
19 Oct 2018 p. 4139‑44 | r. 1 and 2: 19 Oct 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Nov 2018 (see r. 2(b)) | |
29 Mar 2019 p. 972‑80 | 30 Mar 2019 (see r. 2(b)) | |
31 May 2019 p. 1721‑8 | 1 Jul 2019 (see r. 2(b)) | |
26 Jun 2019 p. 2229‑371 | 2 Jul 2019 (see r. 2(d) and | |
SL 2020/74 9 Jun 2020 | 1 Jul 2020 (see r. 2(b)) | |
SL 2020/91 24 Jun 2020 | 1 Jul 2020 (see r. 2(c) and SL 2020/89 cl. 2) | |
SL 2020/123 28 Jul 2020 | 29 Jul 2020 (see r. 2(b)) | |
SL 2020/150 1 Sep 2020 | 12 Oct 2020 (see r. 2(b) and SL 2020/148 cl. 2) | |
SL 2021/59 21 May 2021 | 1 Jul 2021 (see r. 2(b) and SL 2021/54 cl. 2(a)) | |
SL 2021/92 18 Jun 2021 | 1 Jul 2021 (see r. 2(c)) | |
SL 2021/93 22 Jun 2021 | 23 Jun 2021 (see r. 2(b)) | |
SL 2021/199 3 Dec 2021 | 4 Dec 2021 (see r. 2(b) and SL 2021/200 r. 2(b)) | |
SL 2022/67 3 Jun 2022 | 1 Jul 2022 (see r. 2(b)) | |
SL 2022/147 26 Aug 2022 | r. 1 and 2: 26 Aug 2022 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Aug 2022 (see r. 2(b)) | |
SL 2022/148 26 Aug 2022 | r. 1 and 2: 26 Aug 2022 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Aug 2022 (see r. 2(b)) | |
SL 2022/179 2 Nov 2022 | Pt. 1: 2 Nov 2022 (see r. 2(a)); Pt. 2: 3 Nov 2022 (see r. 2(b) and SL 2022/175 cl. 2); Pt. 3: 3 Nov 2024 (see r. 2(c) and SL 2022/175 cl. 2) | |
SL 2022/181 4 Nov 2022 | 5 Nov 2022 (see r. 2(b)) | |
SL 2023/45 19 May 2023 | 1 Jul 2023 (see r. 2(c)) | |
SL 2023/166 1 Nov 2023 | 2 Nov 2023 (see r. 2(b)) | |
SL 2024/58 1 May 2024 | 1 Jul 2024 (see r. 2(c)) | |
SL 2024/237 27 Nov 2024 | 1 Dec 2024 (see r. 2(b)) | |
SL 2025/65 30 Apr 2025 | 1 Jul 2025 (see r. 2(c)) |
accredited service provider....................................................................................... 69A
additional passenger................................................................................................. 11(1)
alcohol assessment and treatment............................................................................ 69A
alcohol interlock offence................................................................................................ 3
alcohol interlock scheme........................................................................................... 69A
alcohol offender.......................................................................................................... 69A
allocated time............................................................................................................ 27(1)
another jurisdiction’s driving authorisation..................................................... 3, 59(1)
applicant..................................................................................................................... 19(1)
approved alcohol interlock............................................................................................. 3
authorised................................................................................................................... 43(3)
axle..................................................................................................................................... 3
car hazard perception test...................................................................................... Sch. 9
car licence......................................................................................................................... 3
CEO (Mental Health Commission)..................................................................... 69J(1)
commencement day....................................................................................................... 82
current licence........................................................................................................... 75(1)
Defence Force family member card............................................................................. 3
Defence Force member card.......................................................................................... 3
Department........................................................................................................................ 3
Department’s website...................................................................................................... 3
disqualified........................................................................................................................ 3
driver licence............................................................................................................. 14(1)
driving impairment of the person.......................................................................... 64(1)
driving test................................................................................................................. 27(1)
electric personal transporter........................................................................................... 3
electric personal transporter use area........................................................................... 3
electric rideable device................................................................................................... 3
emergency declaration.......................................................................................... 60B(1)
employment................................................................................................... 10(1), 11(1)
excess period served................................................................................................ 68(7)
experienced driver.................................................................................................... 11(4)
expiry day.................................................................................................................. 38(1)
external Territory............................................................................................................. 3
foreign driving authorisation.............................................................................. 3, 60(1)
foreign law................................................................................................................. 60(2)
former regulations......................................................................................................... 82
grant by way of renewal................................................................................................. 3
hazard perception test............................................................................................. Sch. 9
heavy vehicle extended recognition period....................................................... 60A(1)
holiday period........................................................................................................... 65(1)
immediate family...................................................................................................... 11(1)
inspection period......................................................................................................... 69K
instructor.................................................................................................................... 47(1)
interlock contract........................................................................................................ 69A
interlock-restricted driver.......................................................................................... 69A
learner............................................................................................................. 47(1), 49(4)
learner approved motor cycle........................................................................................ 3
low loader dolly......................................................................................... Sch. 4 cl. 4(2)
L plates....................................................................................................................... 49(1)
moped................................................................................................................................. 3
moped licence................................................................................................................... 3
motor carrier..................................................................................................................... 3
motor cycle........................................................................................................................ 3
motor cycle hazard perception test...................................................................... Sch. 9
motorised scooter............................................................................................................. 3
motorised wheelchair...................................................................................................... 3
motor vehicle offence........................................................................................... 75(1A)
new driver’s licence applicant....................................................................................... 3
notice of recognition............................................................................................. 60B(5)
novice driver..................................................................................................................... 3
novice driver (type 1A)................................................................................................... 3
other jurisdictions’ driving authorisations........................................................ 60B(2)
parental responsibility.............................................................................................. 22(1)
permitted passenger.................................................................................................. 11(3)
personal details......................................................................................................... 40(1)
practical driving assessment................................................................................. Sch. 9
prescribed offence................................................................................................. 53A(1)
present offence............................................................................................................ 53B
prime mover...................................................................................................................... 3
public holiday............................................................................................................ 67(1)
relevant driving authorisation................................................................................... 4(1)
relevant vehicle........................................................................................................... 69K
removed...................................................................................................................... 68(1)
restricted driving period............................................................................................ 69A
restricted motor cycle licence........................................................................................ 3
reviewable decision........................................................................................... 70, 90(1)
RTA.................................................................................................................................... 3
RT Act s. 103............................................................................................................ 93(1)
scheme commencement day.......................................................................................... 3
schooling.................................................................................................................... 10(1)
section................................................................................................................................ 3
semi-trailer........................................................................................................................ 3
specified period......................................................................................................... 32(1)
theory test................................................................................................................. Sch. 9
trailer.................................................................................................................................. 3
transition day............................................................................................................. 93(1)
trigger........................................................................................................................... 69A
working day............................................................................................................... 27(1)
0
0
0