Road Transport (Driver Licensing) Amendment Regulation 2012 (No 1) (ACT)

Case

Road Transport (Driver Licensing) Amendment Regulation 2012 (No 1)

Subordinate Law SL2012-16

The Australian Capital Territory Executive makes the following regulation under the Road Transport (Driver Licensing) Act 1999.

Dated 19 April 2012.

Simon Corbell

Minister

Andrew Barr

Minister

Road Transport (Driver Licensing) Amendment Regulation 2012 (No 1)

Subordinate Law SL2012-16

made under the

Road Transport (Driver Licensing) Act 1999

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

4            Section 16 (3) (b) (ii)  1

5            Section 18 (1)  2

6            Section 18 (2)  2

7           Section 26 (1) and heading  2

8            Section 27 (1), note  3

9            Section 28 (2) (a) and (b)  3

10          Section 28 (2) (h), note 1  4

11          Section 29  4

12          Section 30  5

13          Section 39 (1), note  5

14          Section 67 (1) (b) to (d)  5

15          Dictionary, definitions of approved heavy vehicle driver training course and approved pre-learner rider training course  6

16          Dictionary, definition of approved road ready training course                6

  1. Name of regulation

    This regulation is the Road Transport (Driver Licensing) Amendment Regulation 2012 (No 1).

  2. Commencement

    This regulation commences on a day fixed by the Minister by written notice.

    Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

    Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

  3. Legislation amended

    This regulation amends the Road Transport (Driver Licensing) Regulation 2000.

  4. Section 16 (3) (b) (ii)

    omit

    3-month

    substitute

    1-month

  5. Section 18 (1)

    substitute

    (1)A learner motorcycle licence must be issued for 1 year.

    (1A)Any other learner licence must be issued for 2 years.

  6. Section 18 (2)

    omit

    However, a driver licence

    substitute

    A driver licence

  7. Section 26 (1) and heading

    substitute

  8. Approval of training courses

    (1)The road transport authority may approve—

    (a)a course, conducted in the ACT or elsewhere, for the training of people who wish to apply for a learner licence (an approved road ready training course); and

    (b)a course, conducted in the ACT or elsewhere, for the training of people who wish to apply for a learner motorcycle licence (an approved pre-learner rider training course); and

    (c)a course, conducted in the ACT or elsewhere, for the training of people who wish to apply for a provisional motorcycle licence (an approved pre-provisional rider training course); and

    (d)a course, conducted in the ACT or elsewhere, for the training of drivers of vehicles that may be driven by the holder of a multi-combination vehicle licence (an approved heavy vehicle driver training course).

    NoteSee s 28 (2) (h) for the requirement to undertake the course mentioned in par (d).

  9. Section 27 (1), note

    substitute

    Note 1Under the eligibility requirements for a motorcycle licence a person must have held a learner motorcycle licence for at least 3 months (unless exempt) and for a provisional motorcycle licence must have successfully completed an approved pre-provisional rider training course in the 1-month period before the day the person applies for the licence.

    Note 2Under the eligibility requirements for a car licence a person must have held a learner car licence for at least 6 months (unless exempt). 

    Note 3Under the eligibility requirements for a higher class of licence a person must have held a driver licence of a lower kind for a particular period (unless exempt).

  10. Section 28 (2) (a) and (b)

    substitute

    (a)for a motorcycle licence—the person is at least 17 years old and—

    (i)has, at any time, held a learner motorcycle licence for at least 3 months; and

    (ii)for a provisional motorcycle licence—has successfully completed an approved pre-provisional rider training course in the 1-month period before the day the person applies for the licence;

    Note 1To be eligible for a full motorcycle licence a person must also satisfy the provisional licence requirement for the issue of the licence (see s 39) and do any test or medical examination etc required under s 78.  The provisional licence requirement for a full motorcycle licence is set out in s 29.

    Note 2Approved pre-provisional rider training course—see s 26 (1) (c).

    (b)for a car licence—the person is at least 17 years old and has, at any time, held a learner car licence for at least 6 months;

    NoteTo be eligible for a full car licence a person must also satisfy the provisional licence requirement for the issue of the licence (see s 39) and do any test or medical examination etc required under s 78. The provisional licence requirement for a full car licence is set out in s 30.

  11. Section 28 (2) (h), note 1

    omit

    s 26 (1) (c)

    substitute

    s 26 (1) (d)

  12. Section 29

    omit everything before subsection (1) (a), substitute

  13. Provisional licence requirement for full motorcycle licences

    (1)A person satisfies the provisional licence requirement for the issue of a full motorcycle licence if the person—

  14. Section 30

    omit everything before subsection (1) (a), substitute

  15. Provisional licence requirement for full car licences etc

    (1)A person satisfies the provisional licence requirement for the issue of a full car licence, or a driver licence of a higher class, if the person—

  16. Section 39 (1), note

    substitute

    NoteThe eligibility requirements are set out in s 28.  The provisional licence requirement for a full motorcycle licence is set out in s 29 and for a full car licence, or a driver licence of a higher class, in s 30.

  17. Section 67 (1) (b) to (d)

    substitute

    (b)section 28 (2) (a) (other than subsection (2) (a) (ii)) and (b) to (g) (Eligibility requirements for licence classes);

    (c)section 29 (1) (a) (Provisional licence requirement for full motorcycle licences);

    (d)section 30 (1) (a) (Provisional licence requirement for full car licences etc);

  18. Dictionary, definitions of approved heavy vehicle driver training course and approved pre-learner rider training course

    substitute

    approved heavy vehicle driver training course—see section 26 (1) (d).

    approved pre-learner rider training course—see section 26 (1) (b).

    approved pre-provisional rider training course—see section 26 (1) (c).

  19. Dictionary, definition of approved road ready training course

    substitute

    approved road ready training course—see section 26 (1) (a).

Endnotes

  1. Notification

    Notified under the Legislation Act on 26 April 2012.

  2. Republications of amended laws

    For the latest republication of amended laws, see align="center">© Australian Capital Territory 2012

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