Road Transport (Driver Licensing) Amendment (Professional Drivers) Regulation 2011 (NSW)
2011 No 34
New South Wales
Road Transport (Driver Licensing) Amendment (Professional Drivers) Regulation 2011
under the
Road Transport (Driver Licensing) Act 1998
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (Driver Licensing) Act 1998.
DAVID BORGER, MP
Minister for Roads
Explanatory note
The object of this Regulation is to amend the Road Transport (Driver Licensing) Regulation 2008 to prescribe the classes of persons who are professional drivers, and the classes of persons who are not professional drivers, for the purpose of Division 2 of Part 2 of the Road Transport (Driver Licensing) Act 1998. That Division (as amended by the Road Transport (Driver Licensing) Amendment Act 2010) provides for the suspension or refusal of a driver licence if the holder of, or applicant for, the licence incurs 13 or more demerit points, or 14 or more demerit points in the case of a professional driver, within a 3 year period. This Regulation provides that the threshold of 14 or more demerit points will not apply to a person who was not a professional driver at the time of being given a notice of licence suspension; in the case of a licence refusal, that threshold does not apply to a person who was not a professional driver at the time of the refusal or whose licence has been disqualified or expired for more than 6 months. This Regulation also provides for the variation, suspension or cancellation of a driver licence that has been issued or renewed, or in respect of which a notice of suspension has been withdrawn, on the basis of false or misleading information about a person’s status as a professional driver.
This Regulation is made under the Road Transport (Driver Licensing) Act 1998, including the definition of professional driver in the Dictionary and section 19 (the general regulation-making power) and section 20.
| Published LW 28 January 2011 | Page 1 |
| 2011 No 34 | Road Transport (Driver Licensing) Amendment (Professional Drivers) |
| Clause 1 | Regulation 2011 |
Road Transport (Driver Licensing) Amendment
(Professional Drivers) Regulation 2011
under the
Road Transport (Driver Licensing) Act 1998
1 Name of Regulation
This Regulation is the Road Transport (Driver Licensing) Amendment
(Professional Drivers) Regulation 2011.
2 Commencement
This Regulation commences on 31 January 2011 and is required to be published on the NSW legislation website.
| Road Transport (Driver Licensing) Amendment (Professional Drivers) | 2011 No 34 |
| Regulation 2011 | |
| Amendment of Road Transport (Driver Licensing) Regulation 2008 | Schedule 1 |
| Schedule 1 | Amendment of Road Transport (Driver Licensing) Regulation 2008 |
[1] Clause 55 Variation, suspension or cancellation of driver licence by Authority
Insert at the end of clause 55 (1) (l):
, or
(m) the licence has been issued or renewed, or a notice of suspension of the licence has been withdrawn, on the basis of information that has been provided in purported compliance with a request under section 18A of the Act and that is false or misleading in a material particular.
[2] Clause 120A
Insert after clause 120:
| 120A | Professional drivers | |
|
(a)
a person whose primary work is personally driving a motor vehicle to transport goods,
(b)
a person who is the holder of an authority under Division 2 of Part 2, Division 5 of Part 4 or Division 5 of Part 4A of the Passenger Transport Act 1990.
(2)
For the purposes of the definition of professional driver in the Dictionary to the Act, the following classes of persons are not professional drivers:
(a)
a person who trades goods or provides services from a vehicle, such as a mobile food vendor or pet groomer,
(b)
a person whose primary work of personally driving a motor vehicle does not ordinarily exceed 20 hours in any 7 day period,
(c)
a person in respect of whose primary work of personally driving a motor vehicle no remuneration is payable,
(d) a person whose primary work is driving an implement. Note. The definition of professional driver in the Dictionary to the Act provides that a professional driver is a person whose primary work is personally driving a motor vehicle on roads in or outside of the State; it includes the classes prescribed by clause 120A (1) but excludes the classes prescribed by clause 120A (2). Accordingly, a person is not a professional driver if the person’s primary work does not meet this
| 2011 No 34 | Road Transport (Driver Licensing) Amendment (Professional Drivers) Regulation 2011 |
| Schedule 1 | Amendment of Road Transport (Driver Licensing) Regulation 2008 |
description. For example, an electrician who drives a motor vehicle for transport to premises on which he or she carries out electrical work, which is his or her primary work, is not a professional driver.
| 120B | Exemptions for professional drivers | |||
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(a) the person is not a professional driver, or (b) the person has previously been disqualified for a period of more than 6 months from holding a driver licence and has not held a driver licence since that disqualification, or (c) the person’s driver licence has been expired for a period of more than 6 months and the person has not held a driver licence since that expiry.
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