Road Transport (Driver Licensing) Regulation 2017 (NSW)
Cl 98A(2) of this regulation (cl 98A(2) repeals cl 98A on 23.7.2025)
Road Transport Legislation Amendment (Post-Crash Drug and Alcohol Testing) Bill 2025
(cf 2008 Reg cl 1)
This Regulation is the Road Transport (Driver Licensing) Regulation 2017.
(cf 2008 Reg cl 2)
This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.
This Regulation replaces the Road Transport (Driver Licensing) Regulation 2008, which is repealed on 1 September 2017 by section 10(2) of the Subordinate Legislation Act 1989.
(cf 2008 Reg cl 3)
The object of this Regulation is to assist in providing for the consistent administration and enforcement of a driver licensing system throughout Australia.
(cf 2008 Reg cl 4)
In this Regulation—
(a) has the category of LEM, LEP or LEG—
(i) as displayed on an identification plate on the motor trike issued under the Motor Vehicle Standards Act 1989 of the Commonwealth as in force immediately before its repeal, or
(ii) as recorded on the RAV for the motor trike, and
(b) has a GVM that is not greater than 1 tonne, and
(c) is constructed or equipped to seat not more than 3 adult persons including the driver, and
(d) has a rear mounted engine of a kind manufactured for a motor car, and
(e) has a transmission of a kind manufactured for a motor car with direct drive to the rear wheels, and
(f) has at least 2 of the following characteristics—
(i) pedal operated clutch or automatic transmission,
(ii) pedal operated fully integrated braking system,
(iii) left-hand operated gear stick not mounted on the handlebars.
(a) a motor vehicle with a GVM exceeding 4.5 tonnes but not exceeding 12 tonnes, or
(b) a motor vehicle and trailer combination with a GCM exceeding 4.5 tonnes but not exceeding 12 tonnes.
(a) a competent authority of a Contracting State or a subdivision of such a State, or
(b) an association duly empowered by such an authority in accordance with the United Nations Convention on Road Traffic, Geneva, 1949.
(a) is ordinarily resident in a foreign country, and
(b) is not a permanent resident of Australia.
(a) a 2 wheeled motor vehicle with a side car attached to it and supported by a third wheel, and
(b) a 3 wheeled motor vehicle with twinned wheels, within the meaning of the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 determined under the Road Vehicle Standards Act 2018 of the Commonwealth, section 12.
(a) a 2 wheeled motor vehicle with a side car attached to it and supported by a third wheel, or
(b) a 3 wheeled motor vehicle with twinned wheels, within the meaning of the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 determined under the Road Vehicle Standards Act 2018 of the Commonwealth, section 12.
(a) an Australian driver licence issued by a driver licensing authority in another State or an internal Territory, or
(b) a foreign driver licence (other than a foreign driver licence that authorises its holder to learn to drive a motor vehicle).
The definition of
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Notes included in this Regulation do not form part of this Regulation.
For the purposes of comparison, a number of provisions of this Regulation contain bracketed notes in headings drawing attention (
(cf 2008 Reg cl 5)
For the purposes of this Regulation, the classes of driver licence are as follows—
(a) motorcycle licence,
(b) car licence,
(c) light rigid vehicle licence,
(d) medium rigid vehicle licence,
(e) heavy rigid vehicle licence,
(f) heavy combination vehicle licence,
(g) multi-combination vehicle licence.
A licence class may be shown on a driver licence by means of a symbol or by the code (the
Licence class | Licence code |
motorcycle licence | R |
car licence | C |
light rigid vehicle licence | LR |
medium rigid vehicle licence | MR |
heavy rigid vehicle licence | HR |
heavy combination vehicle licence | HC |
multi-combination vehicle licence | MC |
A licence class may be described by reference to its licence code.
(cf 2008 Reg cl 6)
For the purposes of this Regulation, the hierarchy of licence classes, ordered from the lowest to the highest class, is as follows—
(a) car licence,
(b) light rigid vehicle licence,
(c) medium rigid vehicle licence,
(d) heavy rigid vehicle licence,
(e) heavy combination vehicle licence,
(f) multi-combination vehicle licence.
A motorcycle licence is not included in the hierarchy.
(cf 2008 Reg cl 7)
The holder of a licence of a particular class may drive motor vehicles of a particular kind, as set out in this clause, and motor vehicles in any lower class according to the hierarchy of licence classes.
The holder of a motorcycle licence may drive a motor bike or motor trike, other than a motor trike that has a body type commonly known as, or similar to, a sedan, station wagon, coupe, convertible, roadster, utility, tray top or van.
The holder of a car licence may drive any of the following—
(a) a motor vehicle with a GVM that is not greater than 4.5 tonnes and that is constructed or equipped to seat not more than 12 adults (including the driver),
(b) a car-based motor tricycle,
(c) any tractor or implement.
However, the authority conferred by a car licence does not entitle the holder to drive—
(a) a motor bike, or
(b) a motor trike (other than a car-based motor tricycle) that does not have a body type commonly known as, or similar to, a sedan, station wagon, coupe, convertible, roadster, utility, tray top or van.
The holder of a light rigid vehicle licence may drive a motor vehicle that—
(a) has a GVM greater than 4.5 tonnes but not greater than 8 tonnes, or
(b) seats more than 12 adults (including the driver) and has a GVM not greater than 8 tonnes.
The holder of a medium rigid vehicle licence may drive a motor vehicle that has 2 axles and a GVM greater than 8 tonnes.
The holder of a heavy rigid vehicle licence may drive a motor vehicle (including an articulated bus, but not including any other articulated vehicle) that has 3 or more axles and a GVM greater than 8 tonnes.
The holder of a heavy combination vehicle licence may drive—
(a) a prime mover to which is attached a single semi-trailer plus any unladen converter dolly, or
(b) a rigid motor vehicle to which is attached a trailer that has a GVM greater than 9 tonnes plus any unladen converter dolly.
The holder of a multi-combination vehicle licence may drive any motor vehicle or combination of vehicles other than a motor bike or motor trike described in subclause (2).
(cf 2008 Reg cl 8)
The holder of a car licence or light rigid vehicle licence may drive a motor vehicle covered by that licence class that is towing a single trailer with a GVM not greater than 9 tonnes, but only if—
(a) in the case of a motor vehicle that has a GVM of up to 4.5 tonnes, the requirements of any law in force in this State in relation to the mass limits for combinations of light vehicles are met, or
(b) in the case of a motor vehicle that has a GVM greater than 4.5 tonnes, the mass limits for combinations specified by or under the Heavy Vehicle National Law (NSW) are met.
The holder of a medium rigid vehicle licence or heavy rigid vehicle licence may drive a motor vehicle covered by that licence class that is towing a single trailer (other than a trailer commonly known as a semi-trailer) that has a GVM not greater than 9 tonnes, but only if the mass limits for combinations specified by or under the Heavy Vehicle National Law (NSW) are met.
Nothing in subclause (2) prevents the holder of a medium rigid vehicle licence or heavy rigid vehicle licence from towing a car carrier, horse float or like trailer that has a GVM not greater than 9 tonnes.
The driver of a vehicle towing a semi-trailer must hold a heavy combination vehicle licence or a multi-combination vehicle licence.
The requirement under subclause (4) does not apply if the semi-trailer has a GVM not greater than 9 tonnes.
(cf 2008 Reg cl 9)
A condition to which a driver licence is subject may be shown on the driver licence by means of a code or symbol.
The holder of a conditional licence must, if required to do so by Transport for NSW, carry, when driving, any notice issued by Transport for NSW containing a full explanation of the conditions to which the licence is subject.
Maximum penalty—20 penalty units.
The holder of an Australian driver licence issued by a driver licensing authority in another jurisdiction that is a conditional licence bearing the code X, and that refers to a condition imposed under a provision of a law of that jurisdiction corresponding to this clause or clause 65, must carry—
(a) the licence issued by the driver licensing authority in that jurisdiction that contains a full explanation of the conditions to which the licence is subject when driving in this State, or
(b) if the licence does not contain such an explanation, a notice issued by the driver licensing authority in that jurisdiction containing a full explanation of the conditions to which the licence is subject when driving in this State.
Maximum penalty—20 penalty units.
A condition code in the first column of the table to this subclause may be used on a driver licence to indicate that the licence is subject to the licence condition set out in the second column opposite that code.
Condition code | Licence condition |
A | The holder must drive only a motor vehicle fitted with an automatic transmission. |
B | If the holder drives a heavy vehicle, the vehicle must be fitted with a synchromesh transmission or automatic transmission. |
E | If the holder is the rider of a motor bike or motor trike, the motor bike or motor trike must be of restricted engine capacity as notified by Transport for NSW to the holder on issue or variation of the licence. |
I | The holder must drive only a motor vehicle fitted with an approved interlock device within the meaning of Part 3.3 of the Act. |
S | The holder must wear corrective lenses at all times while driving. |
V | The holder must drive only a motor vehicle fitted with specified driver aids, or modified as directed by Transport for NSW or printed on the licence. |
X | The holder must comply with any condition of which the holder has been notified by Transport for NSW on issue or variation of the licence or that is printed on the licence. |
Z | The holder must not drive with a breath or blood alcohol concentration of 0.02 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood. |
A short description of a licence condition may be printed on a driver licence.
(cf 2008 Reg cl 10)
A driver licence must show—
(a) a licence number for the person to whom it is issued, and
(b) the full name of the person, and
(c) a photograph of the person, and
(d) the person’s date of birth, and
(e) the person’s residential address, and
(f) the person’s signature (or a reproduction of that signature), and
(g) the class or classes of licence held by the person, and
(h) the expiry date of the licence, and
(i) the code of any condition to which the licence is subject.
Despite subclause (1)(e), Transport for NSW may issue a driver licence showing an alternative address to any of the following persons—
(a) a judicial officer within the meaning of the Judicial Officers Act 1986,
(b) a Crown Prosecutor appointed under the Crown Prosecutors Act 1986,
(c) a police officer if the NSW driver licence register indicates that information relating to that officer’s residential address is suppressed,
(c1) a person who was previously a person specified in paragraph (a), (b) or (c),
(d) a person who lives at the same residential address as a person referred to in paragraph (a), (b), (c) or (c1).
(cf 2008 Reg cl 11)
Transport for NSW may include on a driver licence a code or symbol, together with a statement, to indicate the following—
(a) that the holder of the driver licence may satisfy certain criteria to drive a vehicle that provides a service to convey passengers for a fare, including a passenger service (within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016) or a public passenger service (within the meaning of the Passenger Transport Act 2014),
(b) on a driver licence issued to a temporary overseas visitor—that the licensee has not provided Transport for NSW with evidence of permanent resident status.
In this clause,
(a) is not an Australian or New Zealand citizen, and
(b) is not a permanent resident of Australia.
(cf 2008 Reg cl 12)
A person is eligible to apply for a learner licence if the person meets the relevant eligibility requirements set out in this clause, or is exempted from being required to do so—
(a) in any case (including a learner licence that is a motorcycle licence)—by Transport for NSW under Part 5, or
(b) in the case of a learner licence that is a motorcycle licence—under subclause (4A).
The relevant eligibility requirement for a learner licence that is a car licence is that the person is at least 16 years of age.
The relevant eligibility requirements for a learner licence that is a motorcycle licence are—
(a) that the person is at least 16 years and 9 months of age, and
(b) that, within the previous 3 months, the person has been assessed under a competency based assessment as competent to hold the licence.
Transport for NSW may grant a learner licence to an applicant who is under the required age, but only if Transport for NSW is satisfied that special circumstances exist that justify the granting of a learner licence to the person.
Transport for NSW may, unconditionally or subject to conditions, exempt by notice any person or class of persons from the eligibility requirement in subclause (3)(b).
Without limiting subclause (4A), Transport for NSW may exempt a person from the eligibility requirement in subclause (3)(b) if—
(a) the person resides in a place that Transport for NSW is satisfied would make it impracticable for the person to be assessed under the competency based assessment, and
(b) the person does any other thing required by Transport for NSW (including any thing required under clause 54(2)) instead of being assessed under the competency based assessment.
Despite any other provision of this clause, a learner licence may be granted for any period to a person whose provisional licence, not being a motorcycle licence, has been cancelled.
(cf 2008 Reg cl 13)
A learner licence may be subject to any of the following conditions—
(a) a condition specifying the minimum period for which a learner licence must be held before a provisional licence will be issued to the holder,
(b) a condition limiting the hours during which and locality in which the learner may drive a motor vehicle.
(cf 2008 Reg cl 14)
In addition to any other ground on which a learner licence may be cancelled or suspended by Transport for NSW, a learner licence may be immediately cancelled or suspended by Transport for NSW in the event of any of the following—
(a) the holder of the learner licence is convicted of an offence under the Act or this Regulation or of an offence set out in Schedule 1,
(b) the holder of the learner licence pays a penalty pursuant to section 195 of the Act (or any former corresponding provision) in respect of any such offence,
(c) an order under Division 4 of Part 3 of the Fines Act 1996 has been made, or is taken to be made, against the holder of the learner licence in respect of any such offence.
(cf 2008 Reg cl 15)
The holder of a learner licence must not drive a motor vehicle (other than a motor bike or motor trike) on a road or road related area unless—
(a) the seat next to the learner is occupied by a person who holds an Australian driver licence (not being an Australian learner licence or provisional licence) authorising the holder to drive such a vehicle, or by a police officer or a person authorised by Transport for NSW to test drivers who is submitting the learner to a driving test for the purposes of this Regulation, and
(b) a sign, issued or authorised by Transport for NSW and displaying the letter “L” in black on a yellow background, is displayed—
(i) on the exterior of the vehicle in a conspicuous position at the front and the rear of the vehicle, or a conspicuous position on the roof of the vehicle, and
(ii) in such a manner as to be clearly visible and not to in any way obscure the letter “L” on the sign when viewed from ahead of or behind the vehicle.
Maximum penalty—20 penalty units.
The offence under subclause (1)(a) is the offence of being the holder of a learner licence driving unaccompanied by a supervising driver for the purposes of section 224(1)(d) of the Act.
If a person is convicted of an offence under subclause (1)(a), the person is disqualified by the conviction (and without any specific order) from holding a driver licence—
(a) for a period of 3 months, or
(b) if the court on the conviction thinks fit to order a different period of disqualification determined in accordance with subclause (4), for the period specified in the order.
Section 207 of the Act provides for the effect of a disqualification (whether or not by order of a court).
In determining a different period of disqualification under subclause (3), the court may specify a period that is—
(a) more than 3 months but no more than 12 months, or
(b) less than 3 months, but only if—
(i) the person’s driver licence or authority to drive in New South Wales has been suspended for a period (
the suspension period ) under Division 4 of Part 7.4 of the Act for that offence, and(ii) the specified disqualification period, when added to the suspension period, results in a total period of not less than 3 months.
The disqualification referred to in subclause (3) is in addition to any other penalty imposed for the offence.
A period of disqualification imposed under subclause (3) commences on the date of conviction for the offence to which it relates.
Transport for NSW may exempt a person from a requirement in subclause (1)(b) if the person, having held a licence other than a learner licence, currently holds a learner licence because of failing a test of driving ability that Transport for NSW required the person to take.
In this clause, a reference to a learner licence includes a reference to a foreign driver licence that has the same or similar effect as a learner licence.
(cf 2008 Reg cl 16)
A person accompanying a learner in a vehicle being driven by the learner on a road or road related area (other than a person submitting the learner to a driving test for any of the purposes of this Regulation) must—
(a) supervise the learner with respect to the driving of the vehicle, and
(b) take all reasonable precautions to prevent a contravention of the road transport legislation.
Maximum penalty—20 penalty units.
(cf 2008 Reg cl 17)
The holder of a learner licence must not drive a motor bike or motor trike on a road or road related area if the motor bike or motor trike is being used for the carriage of a person other than the learner.
Maximum penalty—20 penalty units.
The holder of a learner licence must not drive a motor bike or motor trike on a road or road related area unless a sign, issued or authorised by Transport for NSW and displaying the letter “L” in black on a yellow background, is displayed—
(a) in a conspicuous position at the rear of the motor bike or motor trike, and
(b) in a way that is clearly visible and not to in any way obscure the letter “L” on the sign when viewed from behind the motor bike or motor trike.
Maximum penalty—20 penalty units.
The holder of a learner licence must not drive a motor bike or motor trike on a road or road related area unless, at the time it is driven, the motor bike or motor trike is listed for the time being in TfNSW’s publication Approved motorcycles for novice riders, published on TfNSW’s website.
Maximum penalty—20 penalty units.
Transport for NSW may exempt a person from a requirement in subclause (1A) if the person, having held a licence other than a learner licence, currently holds a learner licence because of failing a test of riding ability that Transport for NSW required the person to take.
In this clause, a reference to a learner licence includes a reference to a foreign driver licence that has the same or similar effect as a learner licence.
(cf 2008 Reg cl 18)
The holder of a learner licence must not drive a motor vehicle on a road or road related area if the vehicle—
(a) is towing any other vehicle (whether or not a trailer), or
(b) is being towed by any other vehicle.
Maximum penalty—20 penalty units.
(cf 2008 Reg cl 19)
Without limiting the liability of any other person, the owner or person in charge of a motor vehicle is guilty of an offence if the person causes, permits or allows, or fails to take reasonable precautions to prevent, a contravention of this Subdivision.
Maximum penalty—20 penalty units.
(cf 2008 Reg cl 20)
A driver licence that is issued to an applicant must be a provisional P1 licence of class C or class R unless—
(a) Transport for NSW is satisfied that the applicant should be issued with a learner licence under Division 1, or
(b) the applicant is required to be issued with a provisional P2 licence under clause 27, or
(c) the applicant is eligible to apply for an unrestricted car licence or unrestricted motorcycle licence (as the case requires) under clause 48.
Clause 27 provides for the issue of provisional P2 licences. Clause 48 provides for the circumstances in which a person is eligible to apply for an unrestricted car licence or unrestricted motorcycle licence.
The relevant eligibility requirement for a provisional P1 licence is that the applicant is at least 17 years of age.
A provisional P1 licence is to be issued for a period of up to 18 months.
(cf 2008 Reg cl 21)
A provisional P1 licence of class C is subject to the following conditions (in addition to any other conditions that may be attached to the licence)—
(a) the holder must not drive any motor vehicle unless a sign, issued or authorised by Transport for NSW and displaying the letter “P” in red on a white background, is displayed—
(i) in the case of a vehicle not towing a trailer—on the exterior of the vehicle in a conspicuous position at the front and the rear of the vehicle, or a conspicuous position on the roof of the vehicle, and
(ii) in the case of a vehicle towing a trailer—on the exterior of the vehicle and trailer in a conspicuous position at the front of the vehicle and the rear of the trailer, or a conspicuous position on the roof of the vehicle, and
(iii) in such a manner as to be clearly visible and not to in any way obscure the letter “P” on the sign when viewed from ahead of or behind the vehicle,
(b) the holder must not drive a car-based motor tricycle.
However, the driver of a police vehicle (within the meaning of the Road Rules 2014) is exempt from the condition set out in subclause (1)(a) while driving the vehicle in the performance of his or her duty.
(cf 2008 Reg cl 22)
A provisional P1 licence of class R is subject to the following conditions (in addition to any other conditions that may be attached to the licence)—
(a) the holder must not drive any motor bike or motor trike unless a sign, issued or authorised by Transport for NSW and displaying the letter “P” in red on a white background, is displayed—
(i) in a conspicuous position at the rear of the motor bike or motor trike, and
(ii) in such a manner as to be clearly visible and not to in any way obscure the letter “P” on the sign when viewed from behind the motor bike or motor trike,
(b) the holder must not drive a motor bike or motor trike on a road or road related area unless, at the time it is driven, the motor bike or motor trike is listed for the time being in TfNSW’s publication Approved motorcycles for novice riders, published on TfNSW’s website,
(c) the holder must not drive a motor bike or motor trike on a road or road related area if the motor bike or motor trike is being used for the carriage of any person except the holder.
However, the driver of a police vehicle (within the meaning of the Road Rules 2014) is exempt from the condition set out in subclause (1)(a) while driving the vehicle in the performance of his or her duty.
(cf 2008 Reg cl 23)
The holder of a provisional P1 licence must not drive a motor vehicle on a road or road related area if—
(a) in the case of a provisional P1 licence of class C—the motor vehicle is towing any other motor vehicle (whether or not a trailer) having an unladen mass in excess of 250 kg, or
(b) in the case of a provisional P1 licence of class R—the motor bike or motor trike is towing any other vehicle (whether or not a trailer).
Maximum penalty—20 penalty units.
(cf 2008 Reg cl 24)
In addition to any other ground on which a licence may be cancelled or suspended by Transport for NSW, a provisional P1 licence may be cancelled or suspended immediately by Transport for NSW in the event of any of the following—
(a) the holder of the licence is convicted of an offence under the Act or this Regulation,
(b) the holder of the licence pays a penalty pursuant to section 195 of the Act (or any former corresponding provision) in respect of any such offence,
(c) an order under Division 4 of Part 3 of the Fines Act 1996 has been made, or is taken to be made, against the licence holder in respect of any such offence,
(d) the holder of the licence fails to observe any term or condition of the licence.
If a provisional P1 licence held by a person is cancelled by the operation of section 207 of the Act, Transport for NSW may issue another provisional P1 licence to the person and require the person to hold the licence for a period of 12 months before being eligible to apply for a provisional P2 licence or an unrestricted licence of any class.
A person who holds a provisional P1 licence is not eligible to apply for a provisional P2 licence of the same class or an unrestricted licence of class R if—
(a) while holding the provisional P1 licence, the person has committed—
(i) a speeding offence within the meaning of the Act, section 59, or
(ii) an alcohol or other drug related driving offence, and
(b) action under the Act, section 59 to cancel or suspend the licence as a consequence of the offence has not been taken or completed.
(cf 2008 Reg cl 26)
On the issue to a person of a provisional P2 licence of class R, class C, class LR, class MR or class HR, any provisional P1 licence of the same class previously issued to the person ceases to be in force.
(cf 2008 Reg cl 27)
A driver licence that is issued to an applicant must be a provisional P2 licence of class R, class C, class LR, class MR or class HR if—
(a) the applicant has held a licence (or combination of licences) as referred to in subclause (2), and
(b) the applicant is not eligible to apply for an unrestricted car or motorcycle licence of the class concerned under clause 48.
Clause 48 provides for the circumstances in which a person is eligible to apply for an unrestricted car licence or unrestricted motorcycle licence.
For the purposes of subclause (1)(a), the applicant must have held—
(a) a provisional P1 licence of a class considered appropriate by Transport for NSW for a continuous period of at least 12 months, or
(b) a relevant external driver licence of a class or type considered appropriate by Transport for NSW for a continuous period of more than 12 months but less than 36 months, or
(c) both a provisional P1 licence and a relevant external driver licence (both licences being of a class or type considered appropriate by Transport for NSW) where each of the licences were held for continuous periods that, when added together, equate to a total period of at least 12 months.
In determining a continuous period for the purposes of this clause, any period of suspension of the licence concerned must be excluded.
A provisional P2 licence is to be issued for a period of up to 36 months.
Despite subclause (1), an unrestricted licence of class R may be issued to an applicant if the applicant—
(a) is 25 years of age or over, and
(b) would (but for this subclause) be required to be issued with a provisional P2 licence of class R, and
(c) holds an unrestricted Australian driver licence of class C, class LR, class MR, class HR, class HC or class MC.
(cf 2008 Reg cl 28)
A provisional P2 licence of class C, class LR, class MR or class HR is subject to the condition (in addition to any others that may be attached to the licence) that the holder must not drive any motor vehicle unless a sign, issued or authorised by Transport for NSW and displaying the letter “P” in green on a white background, is displayed—
(a) in the case of a vehicle not towing a trailer—on the exterior of the vehicle in a conspicuous position at the front and the rear of the vehicle, or a conspicuous position on the roof of the vehicle, and
(b) in the case of a vehicle towing a trailer—on the exterior of the vehicle and trailer in a conspicuous position at the front of the vehicle and the rear of the trailer, or a conspicuous position on the roof of the vehicle, and
(c) in such a manner as to be clearly visible and not to in any way obscure the letter “P” on the sign when viewed from ahead of or behind the vehicle.
However, the driver of an emergency vehicle or police vehicle (within the meaning of the Road Rules 2014), is exempt from that condition while driving the vehicle in the performance of his or her duty.
A provisional P2 licence of class C, class LR, class MR or class HR is subject to the condition that the holder must not drive a car-based motor tricycle in addition to any other conditions that may be attached to the licence.
(cf 2008 Reg cl 28A)
A provisional P2 licence of class R is subject to the following conditions (in addition to any other conditions that may be attached to the licence)—
(a) the holder must not drive any motor bike or motor trike unless a sign, issued or authorised by Transport for NSW and displaying the letter “P” in green on a white background, is displayed—
(i) in a conspicuous position at the rear of the motor bike or motor trike, and
(ii) in such a manner as to be clearly visible and not to in any way obscure the letter “P” on the sign when viewed from behind the motor bike or motor trike,
(b) the holder must not drive a motor bike or motor trike on a road or road related area unless, at the time it is driven, the motor bike or motor trike is listed for the time being in TfNSW’s publication Approved motorcycles for novice riders, published on TfNSW’s website.
However, the driver of an emergency vehicle or police vehicle (within the meaning of the Road Rules 2014), is exempt from those conditions while driving the vehicle in the performance of his or her duty.
(cf 2008 Reg cl 29)
In addition to any other ground on which a licence may be cancelled or suspended by Transport for NSW, a provisional P2 licence may be cancelled or suspended immediately by Transport for NSW on any of the following grounds—
(a) the holder of the licence is convicted of an offence under the Act or this Regulation,
(b) the holder of the licence pays a penalty pursuant to section 195 of the Act (or any former corresponding provision) in respect of any such offence,
(c) an order under Division 4 of Part 3 of the Fines Act 1996 has been made, or is taken to be made, against the licence holder in respect of any such offence,
(d) the holder of the licence fails to observe any term or condition of the licence.
If a provisional P2 licence held by a person is cancelled by the operation of section 207 of the Act, Transport for NSW may issue another provisional P2 licence to the person and require the person to hold the licence for a period of 24 months before being eligible to apply for an unrestricted licence of any class.
A person who holds a provisional P2 licence is not eligible to apply for an unrestricted licence of the same class if—
(a) while holding the provisional P2 licence, the person has committed—
(i) a speeding offence within the meaning of the Act, section 59, or
(ii) an alcohol or other drug related driving offence, and
(b) action under the Act, section 59 to cancel or suspend the licence as a consequence of the offence has not been taken or completed.
(cf 2008 Reg cl 31)
On the issue to a person of an unrestricted licence (other than a motorcycle licence), any provisional P2 licence previously issued to the person ceases to be in force.
On the issue to a person of an unrestricted motorcycle licence, any provisional P1 licence or provisional P2 licence of class R previously issued to the person ceases to be in force.
(cf 2008 Reg cl 31A)
In this Subdivision—
The scheme under Subdivisions 1 and 2 requires a person to hold a provisional licence (that is, a provisional P1 licence followed by a provisional P2 licence) for a
(cf 2008 Reg cl 31B)
This Subdivision has effect despite any other provision of this Regulation.
This Subdivision extends to provisional licences in force as at the commencement of this Subdivision.
(cf 2008 Reg cl 31C)
Transport for NSW may extend a person’s provisional licence period for a period of 6 months if—
(a) the person is convicted or found guilty of a false ID offence, or
(b) the person pays the whole or any part of the penalty specified in a penalty notice issued to the person under section 150 of the Liquor Act 2007 in respect of a false ID offence, or
(c) the person has not paid the penalty specified in a penalty notice issued to the person under section 150 of the Liquor Act 2007 in respect of a false ID offence and has not elected to have the matter dealt with by a court, and the time to have the matter so dealt with has lapsed.
The period of 6 months for which a person’s provisional licence period may be extended does not include any period during which the person’s provisional licence is suspended otherwise than on medical grounds.
Transport for NSW may extend a person’s provisional licence period even though the person was not, at the time the false ID offence was alleged to have been committed, the holder of a driver licence.
The extension of a person’s provisional licence period applies only in respect of the issue of a driver licence within 5 years after the date on which the false ID offence was alleged to have been committed.
Transport for NSW must not extend a person’s provisional licence period if the person was, at the time the false ID offence was alleged to have been committed, under the age of 14 years.
The extension of a person’s provisional licence period applies, in the case of a person who holds more than one class of driver licence, only in relation to one of those classes of licence (as determined by Transport for NSW).
A person’s provisional licence period cannot be extended under this clause on more than one occasion.
If, in the case of a provisional licence that is subject to an extension under this clause, the licence is cancelled at any time by operation of section 207 of the Act, the provisional licence period in respect of any subsequent provisional licence that is issued to the person may, despite subclause (7), be extended by Transport for NSW for a further period of 6 months.
Transport for NSW must, in the case of a person whose provisional licence period is extended under this clause, cancel the extension if—
(a) the person’s conviction or finding of guilt in respect of the false ID offence is overturned by a court on appeal, or
(b) the amount paid under the penalty notice in respect of the false ID offence is repaid to the person who paid it, or
(c) any penalty notice enforcement order under the Fines Act 1996 made against the person in respect of the false ID offence is withdrawn.
Transport for NSW may extend, for a period of 6 months, the provisional licence period for a person who is or was the holder of a provisional P2 licence on each occasion that—
(a) Transport for NSW gives the holder a notice of licence suspension or a notice of licence ineligibility under Division 3 of Part 3.2 of the Act, or
(b) Transport for NSW suspends the provisional P2 licence under section 59 of the Act, or
(c) a police officer gives the person an immediate licence suspension notice under section 224(1)(a1) or (c) of the Act, or
(d) Transport for NSW refuses, under clause 56(2)(c), an application for issue or variation of a driver licence.
Transport for NSW may extend a provisional licence period under this clause only if the provisional P2 licence is issued or renewed on or after 20 November 2017.
The period of 6 months for which the provisional licence period may be extended does not include—
(a) any period during which the provisional P2 licence is suspended otherwise than on medical grounds, or
(b) if Transport for NSW gives the holder a notice of licence ineligibility—any relevant ineligibility period.
Transport for NSW must cancel the extension of a provisional licence period under this clause if—
(a) the notice of licence suspension, notice of licence ineligibility or immediate licence suspension notice is withdrawn, or
(b) the decision to suspend the provisional P2 licence, or to give the relevant notice, is overturned on appeal, or
(c) the provisional P2 licence is cancelled at any time by operation of section 207 of the Act.
(cf 2008 Reg cl 32)
In addition to any other conditions that may be attached to a provisional licence, such a licence (other than a motorcycle licence) is subject to the condition that the holder must not drive a high performance vehicle.
For the purposes of this clause, a
(a) that has a power to mass ratio greater than 130 kilowatts per tonne, or
(b) that has had any modification made to the vehicle’s engine listed for the time being in any order in force under clause 83 of the Road Transport (Vehicle Registration) Regulation 2017, or
(c) that is listed for the time being in TfNSW’s publication Novice Driver—High Performance Vehicle Restrictions as a high performance vehicle for the purposes of this clause.
If, as a result of an amendment to this clause, a vehicle that was not previously classified as a high performance vehicle becomes a high performance vehicle, subclause (1) does not apply to a provisional licence holder driving that vehicle if the licence holder was a provisional licence holder immediately before the commencement of the amendment and continues to hold that provisional licence.
For the purposes of this clause, the power to mass ratio of a vehicle is to be calculated in the manner determined by Transport for NSW and notified on its website.
A vehicle is not a
TfNSW’s publication Novice Driver—High Performance Vehicle Restrictions is to be published on TfNSW’s website.
(cf 2008 Reg cl 33)
In addition to any other conditions that may be attached to a provisional licence, such a licence (other than a motorcycle licence) that is issued to a person by Transport for NSW after a licence disqualification is subject to the condition that the person must not drive a vehicle with more than 1 passenger in or on the vehicle.
The condition applies only—
(a) for the first 12 months of the term of the first provisional licence issued to the person after the licence disqualification or (if that licence is issued for a term of less than 12 months) for the term of that first provisional licence, or
(b) if that first provisional licence is issued for a term of less than 12 months, for the term of that first provisional licence and for such part of the term of any provisional licence issued subsequently or by way of renewal of that first provisional licence as will result in the condition applying for a total period of 12 months.
In this clause—
(cf 2008 Reg cl 34)
In addition to any other conditions that may be attached to a provisional P1 licence, such a licence (other than a class R licence) is subject to the condition that, if the holder is less than 25 years of age, the holder must not drive a vehicle at any time between 11 pm on one day and 5 am on the following day with more than 1 passenger in or on the vehicle who is less than 21 years of age.
However, the driver of an emergency vehicle or police vehicle (within the meaning of the Road Rules 2014), is exempt from that condition while driving the vehicle in the performance of his or her duty.
In this clause—
(Repealed)
(cf 2008 Reg cl 35A)
In addition to any other conditions that may be attached to a NSW learner licence, provisional P1 licence or provisional P2 licence, such a licence is subject to the following conditions—
(a) the holder must not contravene any requirement that is applicable under section 110 (Presence of prescribed concentration of alcohol in person’s breath or blood) of the Act to persons with the same licence as the holder,
(b) the holder must not drive a motor vehicle at a speed in excess of the maximum speed limit applicable under rule 24–1 (NSW rule: speed limits for learner and provisional licence holders) of the Road Rules 2014 to drivers with the same licence as the holder,
(c) the holder must not drive a motor vehicle without complying with the requirements of rule 267–1 (NSW rule: restraint of drivers who are holders of learner licences or provisional P1 or P2 licences and their passengers) of the Road Rules 2014 that are applicable to drivers with the same licence as the holder,
(d) the holder must not use a mobile phone, whether or not held in the hand, while a motor vehicle that is being driven by the holder is moving or is stationary but not parked,
(e) the holder must not drive a motor vehicle in contravention of a requirement that is applicable to the holder under any of the following provisions of this Regulation—
(i) clause 15(1),
(ii) clause 17,
(iii) clause 18,
(iv) clause 23.
Subclause (1)(d) does not apply if—
(a) a motor vehicle that is being driven by the holder is stationary, and
(b) the holder is required to use a mobile phone—
(i) in order to comply with a requirement under the Act or this Regulation to produce a driver licence, or
(ii) for a function or use permitted by rule 300–1(3) of the Road Rules 2014.
In this clause—
(cf 2008 Reg cl 36)
The holder of an Australian driver licence (other than a learner licence) for a motor vehicle (other than a motor bike or motor trike) may drive a motor vehicle for which a higher class of driver licence is required if—
(a) the higher class is one the holder would be eligible to apply for in accordance with this Regulation, and
(b) the holder is receiving tuition from, and is accompanied by, a person who has held that higher class of driver licence (other than a provisional licence of that class) for a period of, or periods totalling, at least 12 months and is providing tuition in accordance with the laws of this State concerning driver instruction.
Transport for NSW may exempt the holder of a learner licence from the condition set out in clause 17(2) if Transport for NSW is satisfied that exceptional circumstances justify the exemption.
Transport for NSW may exempt the holder of a provisional licence from the following if Transport for NSW is satisfied that exceptional circumstances justify the exemption—
(a) the condition set out in clause 22(1)(b),
(b) the condition set out in clause 29(1)(b),
(c) the operation of a provision of Subdivision 4.
To grant an exemption under this clause, Transport for NSW must issue an instrument (an
An exemption may be granted subject to conditions or unconditionally.
If an exemption is subject to conditions, the conditions have effect as conditions of the licence to which the exemption relates.
Transport for NSW may revoke a person’s exemption at any time by notice sent to the person.
An exemption under this clause ceases to be in force—
(a) when notice of the revocation of the exemption is sent to the person or on a later date specified by Transport for NSW in the notice, or
(b) when the person ceases to be the holder of the learner licence or provisional licence to which the exemption relates.
The driver of a vehicle who has an exemption under this clause must produce the driver’s exemption letter on demand by a police officer executing the police officer’s functions under the road transport legislation.
Maximum penalty—20 penalty units.
A person must not—
(a) by a false statement, misrepresentation or other dishonest means, obtain or attempt to obtain an exemption under this clause or an exemption letter, or
(b) falsely claim, by a statement made to a police officer, to have an exemption under this clause, or
(c) forge or fraudulently alter an exemption letter, or
(d) possess an exemption letter that the person knows to have been—
(i) forged or fraudulently altered, or
(ii) obtained by a false statement, misrepresentation or other dishonest means, or
(e) possess, without lawful authority or reasonable excuse, an exemption letter or an article resembling an exemption letter, or
(f) give or lend an exemption letter to another person knowing, or having reasonable cause to suspect, that the exemption letter may be fraudulently used by that person or another person as evidence of the grant of an exemption under this clause, or
(g) fraudulently use, or allow another person to fraudulently use, an exemption letter or article resembling an exemption letter as evidence of the grant of an exemption under this clause.
Maximum penalty—20 penalty units.
A person who has an exemption under this clause must surrender the exemption letter to Transport for NSW within 14 days after the exemption ceases to be in force.
Maximum penalty—20 penalty units.
If the driver of a vehicle had an exemption under clause 39 that was in force immediately before the repeal of clause 39, the driver is taken to have an exemption under this clause.
(cf 2008 Reg cl 36A)
In this Part—
(a) the driver licence on which a boat driving licence is included, and
(b) the boat driving licence included on that driver licence.
(cf 2008 Reg cl 36B)
An eligible person may apply to Transport for NSW for a combined licence by giving Transport for NSW—
(a) an application for a combined licence in an approved form, and
(b) personal particulars necessary to identify the applicant, including any evidence that Transport for NSW may reasonably require to verify those particulars, and
(c) the applicable fee for the issue of the driver licence, and the fee under the Marine Safety Act 1998 for the issue of the boat driving licence, proposed to be included on the combined licence.
A person is an
Transport for NSW may require the applicant to comply with any of the requirements of clause 54(2) of this Regulation or clause 104(2) of the Marine Safety Regulation 2016 in addition to the requirements specified in subclause (1).
(cf 2008 Reg cl 36C)
In addition to information about the driver included on the combined licence, a combined licence may include such information about the boat driving licence included on the combined licence as may be approved by Transport for NSW.
(cf 2008 Reg cl 36D)
Each of the included licences on a combined licence expires at the end of the day that is recorded in the driver licence register as the licence expiry date for the combined licence, unless sooner cancelled or suspended.
(cf 2008 Reg cl 36E)
The ordinary licensing provisions for driver licences and boat driving licences are modified so that they have effect as if those provisions provided that they were subject to the provisions of this Part.
The
(a) for driver licences—
(i) Chapter 3 of the Act, and
(ii) the provisions of this Regulation (other than this Part), and
(b) for boat driving licences—
(i) Part 4 of the Marine Safety Act 1998 in its application to boat driving licences, and
(ii) Divisions 1 and 4 of Part 5 of the Marine Safety Regulation 2016.
(cf 2008 Reg cl 37)
This Part (except for clauses 51, 52 and 53) does not apply in respect of learner licences.
(cf 2008 Reg cl 37A)
A person is eligible to apply for an unrestricted licence that is a car licence or a motorcycle licence if the person is 20 years of age or over.
The relevant eligibility requirements for an unrestricted car licence are—
(a) that the person has held an unrestricted car licence, or
(b) that the person has held a provisional P2 licence that is a car licence for a continuous period of at least 24 months, or
(c) that the person has held a relevant external driver licence for a continuous period of at least 36 months, or
(d) that the person has held both a provisional licence in New South Wales that is a car licence and a relevant external driver licence of a class or type considered appropriate by Transport for NSW where each of the licences were held for continuous periods that, when added together, equate to a total period of at least 36 months.
The relevant eligibility requirements for an unrestricted motorcycle licence are—
(a) that the person has held an unrestricted motorcycle licence, or
(b) that the person is a person to whom clause 27(5) applies, or
(c) that the person has held a provisional P2 licence that is a motorcycle licence for a continuous period of at least 24 months, or
(d) that the person has held a relevant external driver licence of a class or type considered appropriate by Transport for NSW for a continuous period of at least 36 months, or
(e) that the person has held both a provisional licence in New South Wales that is a motorcycle licence and a relevant external driver licence of a class or type considered appropriate by Transport for NSW where each of the licences were held for continuous periods that, when added together, equate to a total period of at least 36 months.
Clause 27(5) provides that an unrestricted licence of class R may be issued to an applicant who is eligible to be issued with a P2 provisional licence of class R in certain circumstances.
In determining a continuous period for the purposes of this clause, any period of suspension of the licence concerned must be excluded.
(cf 2008 Reg cl 38)
A person is eligible to apply for a driver licence that is not a car licence, a motorcycle licence or a provisional licence if the person meets the relevant eligibility requirements set out in this clause for the class of licence sought, or is exempted by Transport for NSW under this Part from being required to do so.
The relevant eligibility requirements are—
(a) for a light rigid vehicle licence or medium rigid vehicle licence—that the person has, at any time, held an Australian driver licence (including a provisional licence) of class C for a period of, or periods totalling, at least 12 months, and
(b) for a heavy rigid vehicle licence—that the person has, at any time, held an Australian driver licence (including a provisional licence) of class C for a period of, or periods totalling, at least 24 months, and
(c) for a heavy combination vehicle licence—that the person has, at any time, held an Australian driver licence of class MR or HR for a period of, or periods totalling, at least 12 months, and
(d) for a multi-combination vehicle licence—that the person has, at any time, held an Australian driver licence of class HR or HC for a period of, or periods totalling, at least 12 months, and Transport for NSW is satisfied that the person has passed a training course, or has satisfied any other assessment, approved by Transport for NSW.
In determining the period or periods for which a person has held a licence for the purposes of subclause (2), any period for which the person’s driver licence has been suspended (other than a suspension on medical grounds) or the person has been disqualified from driving must be excluded.
A person who holds a provisional P1 licence is not eligible to apply for a light rigid vehicle licence, medium rigid vehicle licence, heavy rigid vehicle licence, heavy combination vehicle licence or multi-combination vehicle licence.
A person who holds a provisional P2 licence is not eligible to apply for a heavy combination vehicle licence or multi-combination vehicle licence unless Transport for NSW, in its discretion, being satisfied that special circumstances exist in the particular case, determines that such a person is eligible to apply for one or the other of those unrestricted licences.
Despite any other provision of this Part or Part 3, Transport for NSW may, in a particular case or class of cases, require a person applying for a motorcycle licence to have been, within the previous 3 months, assessed under a competency based assessment as competent to hold the licence.
(cf 2008 Reg cl 40)
A person is eligible to apply for variation of the person’s driver licence to include an additional licence class if the person—
(a) meets the relevant eligibility requirements for that class, or
(b) is exempted by Transport for NSW under this Part from meeting those requirements.
(cf 2008 Reg cl 41)
Transport for NSW must exempt a person from a relevant eligibility requirement for a driver licence if the person holds an Australian driver licence of an equivalent class.
Transport for NSW may exempt a person from a relevant eligibility requirement for a driver licence if the person satisfies Transport for NSW that, because of age, experience, occupation or special circumstances, the person is fit to be granted the licence or variation sought.
If a person has held a licence to drive a motor vehicle in an external Territory or another country, Transport for NSW may take into account some or all of that period for the purposes of determining the period for which a person has previously held a licence.
(Repealed)
(cf 2008 Reg cl 42)
A person whose Australian driver licence has been suspended is not eligible to apply for a driver licence for the duration of the suspension.
Despite subclause (1), a person who is issued with a notice of licence suspension under Part 3.2 of the Act is not eligible to apply for a driver licence on and from the date the notice is issued until—
(a) if the notice is issued under section 33 of the Act and the person elects to be of good behaviour under section 36 of the Act, the time that the person so elects, or
(b) if the person makes no such election or the notice is issued under section 36(4) or 40(1) of the Act, the end of the licence suspension.
A person is not eligible to apply for a driver licence if—
(a) the person is, at the time of application, disqualified from driving in any part of Australia or another country, and
(b) in the case of a disqualification imposed in another jurisdiction or another country, the offence giving rise to the disqualification, if committed in this State, would have resulted in the person being disqualified from driving.
Nothing in this clause restricts a person on whom a mandatory interlock order or an interlock exemption order is made from applying for an interlock driver licence under Division 2 of Part 7.4 of the Act.
Subclauses (1) and (3) do not apply to an application for renewal of an interlock driver licence by a person whose interlock driver licence is suspended (unless the licence is suspended under Division 3 of Part 4 of the Fines Act 1996).
A person whose licence is suspended under Division 2 or 3 of Part 3.2 of the Act and who (before the expiration of the period of licence suspension) is subsequently disqualified from driving, remains ineligible to apply for a driver licence, after the period of disqualification ends, for a further period equivalent to the unexpired portion of the period of licence suspension.
(cf 2008 Reg cl 44)
An applicant for issue or variation of a driver licence must give Transport for NSW—
(a) a completed application in an approved form, and
(b) personal particulars necessary to identify the applicant and the applicant’s residential address, including any evidence that Transport for NSW may reasonably require to verify those particulars (for example, evidence of the person’s address on the electoral roll), and
(c) an address for the service of notices, and
(d) the applicable fee.
Transport for NSW may require an applicant for issue or variation of a driver licence to do any one or more of the following—
(a) undergo tests or assessments, or provide other evidence of the applicant’s knowledge of road law, driving ability, training, experience or suitability to hold a driver licence,
(b) provide evidence of the applicant’s compliance with the requirements of a law applying to licence applicants and relating to the assessment of drivers convicted of offences involving alcohol or other drugs in force in the jurisdiction in which the applicant had last been disqualified from driving,
(c) undergo, at the applicant’s own cost, a medical examination, or produce evidence of compliance with the medical standards contained in Assessing Fitness to Drive,
(d) attend a specified medical practitioner or allied professional practitioner for the purpose of that examination,
(e) provide evidence that the applicant is eligible to be granted the class of licence sought,
(f) have the applicant’s photograph taken, or provide a photograph in a form specified by Transport for NSW.
Transport for NSW may accept evidence of compliance with a requirement in subclause (2)(a), (b) or (c) obtained by an applicant in another jurisdiction.
If Transport for NSW is satisfied that it is not practicable for the applicant to comply with the requirements in subclause (2)(b) of another jurisdiction, Transport for NSW may require the applicant to comply with the requirements of an equivalent assessment.
(cf 2008 Reg cl 45)
If an applicant for issue or a variation of a driver licence, holds a current Australian driver licence, or a current licence to drive a motor vehicle issued by a driver licensing authority in another country, the applicant must surrender that licence to Transport for NSW before the issue of a driver licence or varied driver licence.
Transport for NSW may exempt the applicant from surrendering a licence issued by a driver licensing authority in another country if satisfied that Transport for NSW has obtained, or has access to, sufficient information about the licence and licence holder to make the surrender of the licence unnecessary.
If a foreign driver licence is surrendered under this clause, Transport for NSW may advise the authority that issued that foreign driver licence that the licence has been surrendered.
(cf 2008 Reg cl 46)
Transport for NSW may refuse an application for issue or variation of a driver licence if Transport for NSW is satisfied that—
(a) the applicant is not eligible for the licence or variation, or
(b) the applicant does not have sufficient driving ability or knowledge of road law, or
(c) (Repealed)
(d) the applicant does not have sufficient knowledge of safe driving practices, or
(e) the applicant does not meet the medical standards contained in Assessing Fitness to Drive that are applicable to the driver licence, or
(f) the applicant has not complied with the requirements of a law applying to licence applicants and relating to the assessment of drivers convicted of offences involving alcohol or other drugs in force in the jurisdiction in which the applicant had last been disqualified from driving, or
(g) a provision of the Act or this Regulation prevents approval of the application, or
(h) the applicant has not complied with a requirement of the Act or this Regulation relating to the application.
Transport for NSW may refuse an application for issue or variation of a driver licence—
(a) in accordance with an order made by a court in Australia, or
(b) in accordance with a law in force in this State relating to the non-payment of fines, or
(c) if the applicant is a person who, if already licensed, would be liable to have his or her licence cancelled under section 59 of the Act, or
(d) if the applicant is a person who, if already licensed, would be liable to have action taken against the person under section 36(4) of the Act, or
(e) if the applicant is a person who, if already licensed, would be liable to have action taken against the person under section 43A(7) of the Act.
(cf 2008 Reg cl 47)
If Transport for NSW approves an application, it must (subject to subclause (2) and clause 83) issue a driver licence of the class or kind applied for by the applicant.
If an applicant for a driver licence is the holder of an external interlock driver licence, Transport for NSW may issue a licence that is an interlock driver licence.
The driver licence may be issued subject to conditions, including any of the conditions to which a provisional licence is subject.
In determining whether to issue a driver licence subject to a condition, Transport for NSW must have regard to the objects of the Act in relation to the regulation of drivers of motor vehicles in the interests of road safety.
If Transport for NSW approves an application for variation of a driver licence, it may vary the licence either conditionally or unconditionally.
(cf 2008 Reg cl 48)
As an interim measure, Transport for NSW may issue a driver licence receipt.
A driver licence receipt has the same force and effect as a driver licence except that a driver licence receipt ceases to be in force on the expiry date indicated on it, or the day on which a driver licence in respect of the same licence class is given to the holder, whichever is the sooner.
A driver licence receipt must contain the particulars required to be shown on a driver licence under clause 10 (other than a photograph of the person to whom it is issued).
(cf 2008 Reg cl 49)
Transport for NSW may approve a scheme (a
Transport for NSW may require the person to have been assessed under the scheme as being competent to hold the licence as a prerequisite to the making of the determination, or may instead offer assessment under the scheme as an alternative to other means of testing (or provision of information) for the purposes of the determination.
Without limiting subclause (1), Transport for NSW may, in approving a scheme under this clause—
(a) approve providers of the scheme, and
(b) approve assessors under the scheme, and
(c) require assessors to hold a licence under the Driving Instructors Act 1992.
Transport for NSW may issue an applicant for entry into the scheme a log book appropriate to the licence that the applicant seeks to be assessed as competent to hold, together with documentation explaining the operation of the scheme and its relationship to the issue of driver licences.
Transport for NSW may require an applicant for entry into the scheme to give the provider of the scheme—
(a) a completed application in an approved form, and
(b) personal particulars necessary to identify the applicant and the applicant’s residential address, including any evidence that Transport for NSW may reasonably require to verify those particulars.
An applicant for entry into the scheme must—
(a) in the case of a scheme for the assessment of a person’s competency to hold a motorcycle licence—be at least 16 years and 6 months of age, or
(b) in any other case—hold a driver licence of the class required by Transport for NSW, or satisfy such other requirements as Transport for NSW may impose, with regard to the purpose for which the applicant is applying for entry into the scheme.
An applicant for a learner licence that is a motorcycle licence who is at least 16 years and 6 months of age is exempt from the requirement to hold a licence in respect of any motor bike or motor trike while it is being ridden in connection with assessment under the scheme.
Transport for NSW may issue a replacement log book, on payment of the applicable fee, if it is satisfied that a log book has been lost, stolen or damaged.
In this clause—
(a) listing the driving competencies to be achieved in order to obtain a licence of that class, and
(b) providing for the recording and authentication, in space provided in the book of particulars of assessment, in relation to those competencies of the person to whom the book is issued.
(cf 2008 Reg cl 50)
Transport for NSW may by notice require the holder of a driver licence, within a time specified in the notice—
(a) to submit to tests of the holder’s knowledge of safe driving practices and road law, or
(b) to submit to tests or assessments, including competency based assessments, of driving ability, or
(c) to undergo a medical examination, conducted in accordance with Assessing Fitness to Drive, by a medical practitioner or allied professional practitioner, or produce evidence of compliance with the medical standards set out in that publication, to determine the holder’s medical fitness to hold a driver licence, or a licence of a particular class, or
(d) to attend a specified medical practitioner or allied professional practitioner for the purpose of that examination.
Transport for NSW may require the holder of a driver licence to provide to it any information relevant to the holder’s medical fitness to hold a driver licence.
Transport for NSW must accept, for the purposes of this clause, a certificate, in an approved form, of the results of a medical examination conducted in another jurisdiction if that examination otherwise complies with this clause.
(cf 2008 Reg cl 51)
A driver licence expires at the end of the day that is recorded in the driver licence register as the licence expiry date.
(cf 2008 Reg cl 52)
A notice of renewal of a driver licence is a notice—
(a) addressed and sent to the holder of the driver licence, and
(b) stating that, if the driver licence is not renewed on or before a date specified in the notice, the driver licence will expire.
If Transport for NSW fails to send a notice of renewal of a driver licence, or if the notice is not received by the holder of the driver licence, that failure or non-receipt does not affect—
(a) the expiry of the driver licence, or
(b) the obligation of the licence holder to renew the licence if the licence holder wishes to continue to drive a motor vehicle on a road or road related area after the expiry of the licence holder’s existing licence.
(cf 2008 Reg cl 53)
The holder of a driver licence may apply to Transport for NSW to renew the driver licence at any time within 5 years after the licence expiry date by giving Transport for NSW—
(a) an application for renewal of the driver licence in an approved form, and
(b) personal particulars necessary to identify the applicant, including any evidence that Transport for NSW may reasonably require to verify those particulars, and
(c) the applicable fee.
Transport for NSW may require the applicant to comply with any of the requirements of clause 54(2) in addition to the requirements specified in subclause (1).
Transport for NSW may refuse to renew the driver licence only if—
(a) the circumstances are such that, if the applicant for renewal were applying for a new licence, Transport for NSW would refuse that application under Part 6, or
(b) Transport for NSW is satisfied that the photograph contained in the previous driver licence is no longer a true likeness of the applicant.
If a driver licence (the
(a) in the case of renewal before or on, or within 6 months after, the licence expiry date of the old licence—that expiry date of the old licence, or
| 3 | 3 |
| 4 | 4 |
Section 254(1) | Solo driver under BFM hours working for more than the maximum work time or resting for less than minimum rest time— | |
| 3 | 3 |
| 4 | 4 |
Section 256(1) | Two-up driver under BFM hours working for more than the maximum work time or resting for less than minimum rest time— | |
| 3 | 3 |
| 4 | 4 |
Section 258(1) | Driver under AFM hours working for more than the maximum work time or resting for less than minimum rest time— | |
| 3 | 3 |
| 4 | 4 |
Section 260(1) | Driver under exemption hours working for more than the maximum work time or resting for less than minimum rest time— | |
| 3 | 3 |
| 4 | 4 |
Section 529 | Using heavy vehicle contrary to defect notice— | |
| 1 | 1 |
| 3 | 3 |
Road Rules 2014 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision creating offence | Description of offence | Standard demerit points | Long weekend demerit points |
Rule 20, in the case of—
but not where the applicable speed limit is specified by rule 24–1, 24–2, 24–3 or 24–4 | Exceeding speed limit— | ||
| 6 | 12 | |
| 5 | 10 | |
| 4 | 8 | |
| 3 | 6 | |
| 4 | 8 | |
| 1 | 2 | |
| 4 | 8 | |
Rule 20, in the case of—
but not where the applicable speed limit is specified by rule 24–1, 24–2, 24–3 or 24–4 | Exceeding speed limit— | ||
| 7 | 14 | |
| 6 | 12 | |
| 5 | 10 | |
| 4 | 8 | |
| 5 | 10 | |
| 2 | 4 | |
| 5 | 10 | |
Rule 27, 28(1), 28(1A), 29, 31, 32(1) or 33 | Turning improperly | 2 | 2 |
Rule 37, 39, 40, 41 or 42 (except in school zone) | Make unlawful U-turn | 2 | 2 |
Rule 37, 39, 40, 41 or 42 (in school zone) | Make unlawful U-turn | 3 | 3 |
Rule 38, 62, 63(3) or 64 (except in school zone) | Failing to give way | 3 | 3 |
Rule 38, 62, 63(3) or 64 (in school zone) | Failing to give way | 4 | 4 |
Rule 46(1) or 48(1), but only in the circumstances referred to in rule 46(3) or 48(3) respectively | Not give proper signal when driving out from side of road | 2 | 2 |
Rule 46(1) or 48(1) (but only in the circumstances referred to in rule 46(2) or 48(2) respectively), 53, 112, 113, 117 or 118(1) | Changing direction or stopping without signalling | 2 | 2 |
Rule 56 or 59, but only at traffic lights other than traffic lights at toll booths or in school zones | Disobeying traffic light | 3 | 3 |
Rule 56 or 59, but only at traffic lights in school zones, other than traffic lights at toll booths | Disobeying traffic light | 4 | 4 |
Rule 57, 60, 60A, 61 or 63(2) (except at level crossing or in school zone) | Disobeying traffic light | 3 | 3 |
Rule 57, 60, 60A, 61 or 63(2) (in school zone but not at level crossing) | Disobeying traffic light | 4 | 4 |
Rule 66 (except at level crossing), 281, 282, 284, 286(2) or 286(3) | Disobeying traffic light | 3 | 3 |
Rule 65(2)(a), 80 or 81(2) (except in school zone) | Failing to stop or give way at pedestrian, children’s or marked crossing | 3 | 3 |
Rule 65(2)(a), 80 or 81(2) (in school zone) | Failing to stop or give way at pedestrian, children’s or marked crossing | 4 | 4 |
Rule 65(2)(b) (except in school zone) | Obstruct pedestrian—flashing yellow light | 3 | 3 |
Rule 65(2)(b) (in school zone) | Obstruct pedestrian—flashing yellow light | 4 | 4 |
Rule 65(2)(c) (except in school zone) | Overtake/pass vehicle—flashing yellow light | 3 | 3 |
Rule 65(2)(c) (in school zone) | Overtake/pass vehicle—flashing yellow light | 4 | 4 |
Rule 67, 68, 69, 71 or 101 (except in school zone) | Disobeying stop (including hand-held stop) or give way sign or line | 3 | 3 |
Rule 67, 68, 69, 71 or 101 (in school zone) | Disobeying stop (including hand-held stop) or give way sign or line | 4 | 4 |
Rule 70 (except in school zone) | Disobey give way sign on bridge/narrow road | 3 | 3 |
Rule 70 (in school zone) | Disobey give way sign on bridge/narrow road | 4 | 4 |
Rule 72(1), 73, 74, 75, 84, 87, 114, 148, 148A or 149 | Failing to give way | 3 | 3 |
Rule 76(1) | Drive into path of approaching tram | 3 | 3 |
Rule 76(2) | Not move out of path of approaching tram | 3 | 3 |
Rule 77(1) | Drive in left lane/traffic line not give way to bus | 3 | 3 |
Rule 78(1) | Move into path of police or emergency vehicle | 3 | 3 |
Rule 78(2) | Not move out of path of police or emergency vehicle | 3 | 3 |
Rule 79(1) | Not give way to police or emergency vehicle | 3 | 3 |
Rule 81(1) (except in school zone) | Approach pedestrian crossing too quickly to stop safely if necessary | 3 | 3 |
Rule 81(1) (in school zone) | Approach pedestrian crossing too quickly to stop safely if necessary | 4 | 4 |
Rule 82 (except in school zone) | Overtake or pass vehicle—children’s or pedestrian crossing | 3 | 3 |
Rule 82 (in school zone) | Overtake or pass vehicle—children’s or pedestrian crossing | 4 | 4 |
Rule 83 | Not give way to pedestrian in shared zone | 3 | 3 |
Rule 85 | Not give way to vehicle in/entering turning lane | 3 | 3 |
Rule 86(1) | Not give way to vehicle (median turning bay) | 3 | 3 |
Rule 88, 89, 90 or 91 | Disobey traffic sign | 2 | 2 |
Rule 93, 94, 143(1) or 143(2) | Overtake/pass vehicle contrary to sign | 2 | 2 |
Rule 115 | Not drive to left of central traffic island in the roundabout | 2 | 2 |
Rule 121 or 122 | Failing to stop or give way at level crossing | 3 | 3 |
Rule 123(a) | Enter a level crossing when warning lights or bells operating | 3 | 3 |
Rule 123(b) | Enter a level crossing when gate, boom or barrier is closed, opening or closing | 3 | 3 |
Rule 123(c) | Enter a level crossing when a train or tram is on or entering the crossing | 3 | 3 |
Rule 123(d) | Enter a level crossing when a train or tram is approaching the crossing | 3 | 3 |
Rule 123(e) | Enter a level crossing when crossing or road beyond is blocked | 3 | 3 |
Rule 126 | Following too closely | 3 | 3 |
Rule 129 | Not drive far left side of road | 2 | 2 |
Rule 130, 131 or 132(1) | Failing to keep left | 2 | 2 |
Rule 132(2) | Failing to keep left— | ||
| 4 | 4 | |
| 3 | 3 | |
Rule 132(2A), except in school zone | Drive across dividing lines to perform a U-turn | 3 | 3 |
Rule 132(2A), in school zone | Drive across dividing lines to perform a U-turn | 4 | 4 |
Rule 135 | Failing to keep left of median strip | 3 | 3 |
Rule 140 | Overtake vehicle when unsafe | 2 | 2 |
Rule 141(1) | Overtake to left of vehicle | 2 | 2 |
Rule 142(1) | Overtake to right of vehicle turning right/making U-turn | 2 | 2 |
Rule 144 | Fail to keep safe distance when overtaking | 2 | 2 |
Rule 152 | Disobey overhead lane control device | 3 | 3 |
Rule 155 | Drive in a tram lane | 1 | 1 |
Rule 162, 163 or 164 | Unlawfully driving past safety zone or stopped tram or failing to give way to pedestrian crossing near stopped tram | 2 | 2 |
Rule 218 | Failure to dip headlights | 1 | 1 |
Rule 219 | Use lights to dazzle another road user | 1 | 1 |
Rule 264 | Driver not wearing seat belt | 3 | 6 |
Rule 264–1(1) | Drive with 1 unrestrained passenger | 3 | 6 |
Rule 264–1(1) | Drive with 2 or more unrestrained passengers | 6 | 12 |
Rule 270(1)(a) | Ride motor bike without helmet (rider alone) | 3 | 6 |
Rule 270(1) | Ride motor bike without helmet and with 1 passenger only not wearing helmet | 6 | 12 |
Rule 270(1) | Ride motor bike without helmet and with 2 or more passengers not wearing helmets | 9 | 18 |
Rule 288(4) (except in school zone) | Driver not give way to user/animal on path | 3 | 3 |
Rule 288(4) (in school zone) | Driver not give way to user/animal on path | 4 | 4 |
Rule 289(2) (except in school zone) | Driver not give way to road user/animal on nature strip | 3 | 3 |
Rule 289(2) (in school zone) | Driver not give way to road user/animal on nature strip | 4 | 4 |
Rule 300 | Driver (other than learner, provisional P1 or provisional P2 driver) use hand-held mobile phone while driving | 5 | 10 |
Rule 304 | Fail to obey police direction | 3 | 3 |
Road Transport Act 2013 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision creating offence | Description of offence | Standard demerit points | Long weekend demerit points |
Section 117(1)(c) | Negligent driving (but not occasioning death or grievous bodily harm) | 3 | 3 |
Road Transport (Vehicle Registration) Regulation 2017 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision creating offence | Description of offence | Standard demerit points | Long weekend demerit points |
Clause 128(2) | Use vehicle contrary to a defect notice— | ||
| 3 | 3 | |
| 1 | 1 |
(Clause 71(2) and (3))
Heavy Vehicle National Law (NSW) | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision creating offence | Description of offence | Standard demerit points | Long weekend demerit points |
Section 60(1) | Use vehicle with defective brakes | 3 | 3 |
Section 60(1) | Use vehicle with defective steering | 3 | 3 |
Section 60(1) | Use vehicle with seatbelt missing/defective | 3 | 3 |
Section 60(1) | Use vehicle with defective seating | 3 | 3 |
Section 60(1) | Use vehicle not fitted/equipped with seatbelts/anchorages | 3 | 3 |
Section 60(1) | Use vehicle with dangerous protrusion | 3 | 3 |
Local Government Act 1993 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision creating offence | Description of offence | Standard demerit points | Long weekend demerit points |
Section 650(1) | Park in a free parking area otherwise than as permitted by a notice or sign designating a parking space in the area as a space for the sole use of persons with disabilities | 1 | 1 |
Protection of the Environment Operations (Noise Control) Regulation 2017 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision creating offence | Description of offence | Standard demerit points | Long weekend demerit points |
Clause 33(1) | Driver of a motor vehicle with a sound system driving or using the motor vehicle on a road or road related area where the sound system emits offensive noise | 2 | 2 |
Road Rules 2014 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision creating offence | Description of offence | Standard demerit points | Long weekend demerit points |
Rule 20 (where the applicable speed limit is specified by rule 24–1(1), (2) or (3), except in a school zone) | Exceeding speed limit for learner or provisional driver— | ||
| 6 | 12 | |
| 5 | 10 | |
| 4 | 8 | |
Rule 20 (in school zone where the applicable speed limit is specified by rule 24–1(1), (2) or (3)) | Exceeding speed limit for learner or provisional driver— | ||
| 7 | 14 | |
| 6 | 12 | |
| 5 | 10 | |
Rule 20 (where the applicable speed limit is specified by rule 24–2) | Exceeding speed limit on Lord Howe Island— | ||
| 6 | 12 | |
| 5 | 10 | |
| 4 | 8 | |
| 3 | 6 | |
| 1 | 2 | |
Rule 20 (where the applicable speed limit is specified by rule 24–3) | Pass bus at speed in excess of 40km/h— | ||
| 6 | 12 | |
| 5 | 10 | |
| 4 | 8 | |
| 3 | 6 | |
| 4 | 8 | |
| 1 | 2 | |
| 4 | 8 | |
Rule 43 | Making a U-turn at certain crossings (except in school zone) | 2 | 2 |
Rule 43 | Making a U-turn at certain crossings (in school zone) | 3 | 3 |
Rule 43A | Making a U-turn on a road related area with traffic lights (except in school zone) | 2 | 2 |
Rule 43A | Making a U-turn on a road related area with traffic lights (in school zone) | 3 | 3 |
Rule 78–1(1) | Fail to give way to person near stationary emergency response vehicle | 3 | 3 |
Rule 78–1(2) | Improperly passing stationary emergency response vehicle | 3 | 3 |
Rule 78–1(3) | Increase speed when passing stationary emergency response vehicle | 3 | 3 |
Rule 92(1) | Disobey traffic sign/road marking at intersection | 2 | 2 |
Rule 95(1) | Drive in emergency stopping lane | 2 | 2 |
Rule 96(1) | Stop on area marked with keep clear marking | 2 | 2 |
Rule 97(1) | Disobey road access sign | 2 | 2 |
Rule 98(1) | Disobey one-way sign | 2 | 2 |
Rule 99 | Disobey keep left/right sign | 2 | 2 |
Rule 100 | Disobey no entry sign | 2 | 2 |
Rule 102, but only where the driver drives through or under (or attempts to drive through or under) a tunnel, bridge or other structure to which a clearance sign or low clearance sign relates | Disobey clearance or low clearance sign | 12 | 12 |
Rule 104(2), but only in relation to the length of road between Galston and Hornsby Heights that crosses Galston Gorge | Disobey no trucks sign | 12 | 12 |
Rule 106(2), but only in relation to the length of road between Galston and Hornsby Heights that crosses Galston Gorge | Disobey no buses sign | 12 | 12 |
Rule 108 | Disobey trucks and buses low gear sign | 3 | 3 |
Rule 124 | Fail to leave a level crossing | 3 | 3 |
Rule 127 | Long vehicle following other long vehicle too closely, otherwise than where following long vehicle is—
| 3 | 3 |
Rule 127 | Long vehicle following other long vehicle too closely, where following long vehicle is—
| 4 | 4 |
Rule 128A (except in school zone) | Enter blocked crossing | 2 | 2 |
Rule 128A (in school zone) | Enter blocked crossing | 3 | 3 |
Rule 136 | Drive wrong way on one-way service road | 3 | 3 |
Rule 137 | Drive on dividing strip | 2 | 2 |
Rule 138(1) | Drive on/over continuous line near painted island | 2 | 2 |
Rule 143(1A) | Overtake/pass vehicle contrary to sign | 2 | 2 |
Rule 144–1 | Fail to keep safe distance when passing bicycle | 2 | 2 |
Rule 145 | Increase speed while being overtaken | 3 | 3 |
Rule 146 | Not drive within single marked lane or line of traffic, otherwise than where vehicle not driven within single marked lane or line of traffic is—
| 2 | 2 |
Rule 146 | Not drive within single marked lane or line of traffic, where vehicle not driven within single marked lane or line of traffic is—
| 4 | 4 |
Rule 147 | Cross continuous line separating marked lanes, otherwise than where vehicle crossing line is—
| 2 | 2 |
Rule 147 | Cross continuous line separating marked lanes, where vehicle crossing line is—
| 4 | 4 |
Rule 150 | Drive on/over continuous white edge line, where vehicle driven is—
| 4 | 4 |
Rule 150 | Drive on/over continuous white edge line, where vehicle driven is—
| 2 | 2 |
Rule 150 | Drive on/over continuous white edge line, where vehicle driven is not in a Safe-T-Cam zone or average speed detection zone | 2 | 2 |
Rule 151A(2) | Unlawfully lane filter | 3 | 3 |
Rule 154 | Drive in bus lane | 1 | 1 |
Rule 154A(1), (3) or (5) | Drive in bus only lane | 1 | 1 |
Rule 155A | Drive in a tramway | 1 | 1 |
Rule 157–1(1) | Drive in T-Way lane | 1 | 1 |
Rule 159 | Bus or truck driver fail to drive in bus lane or in truck lane where required | 3 | 3 |
Rule 164A | Drive past safety zone or stopped tram/Fail to give way to pedestrian crossing near stopped tram | 2 | 2 |
Rule 167 (in school zone) | Disobey no stopping sign | 2 | 2 |
Rule 168(1) (in school zone) | Disobey no parking sign | 2 | 2 |
Rule 170(1) | Stop in intersection | 2 | 2 |
Rule 170(2) | Stop within 20m of intersection (traffic lights) | 2 | 2 |
Rule 170(3) | Stop within 10m of intersection (no traffic lights) | 2 | 2 |
Rule 171(1) | Stop on/near children’s crossing | 2 | 2 |
Rule 172(1) | Stop on/near pedestrian crossing | 2 | 2 |
Rule 173(1) | Stop on/near marked foot crossing | 2 | 2 |
Rule 174(2) | Stop near bicycle crossing lights | 2 | 2 |
Rule 175(1) | Stop on/near level crossing | 1 | 1 |
Rule 183(1) (in school zone) | Stop in bus zone | 2 | 2 |
Rule 189(1) (in school zone) | Double park | 2 | 2 |
Rule 195(1) (in school zone) | Stop at/near bus stop | 2 | 2 |
Rule 195(1–1) (in school zone) | Driver of public bus stop at/near bus stop | 2 | 2 |
Rule 197(1) (in school zone) | Stop on path/strip in built-up area | 2 | 2 |
Rule 197(1A) (in school zone) | Stop on painted island | 2 | 2 |
Rule 197(1B) (in school zone) | Stop on traffic island | 2 | 2 |
Rule 198(1) (in school zone) | Obstruct access to or from ramp/path/passageway | 2 | 2 |
Rule 198(2) (in school zone) | Stop on/across driveway/other access to/from adjacent land | 2 | 2 |
Rule 203(1) | Stop in parking area for people with a disability | 1 | 1 |
Rule 208(1) (arising from a breach of Rule 208(2)) (in school zone) | Not parallel park in direction of travel | 2 | 2 |
Rule 208(1) (arising from a breach of Rule 208(6)) (in school zone) | Parallel park close to dividing line/strip | 2 | 2 |
Rule 215–1(1) | Driving at night/dark without headlight alight, otherwise than where vehicle driven is—
| 1 | 1 |
Rule 215–1(1) | Driving at night/dark without headlight alight, where vehicle driven is—
| 4 | 4 |
Rule 267–1(2) | Learner or provisional P1 or provisional P2 driver drive vehicle unrestrained (no restraint fitted) | 3 | 6 |
Rule 267–1(2) | Learner or provisional P1 or provisional P2 driver drive vehicle with unrestrained passenger | 3 | 6 |
Rule 268(3) | Part of body outside vehicle window/door (driver) | 3 | 3 |
Rule 268(4) | Drive with part of passenger’s body outside window/door | 3 | 3 |
Rule 268(4A) | Drive with passenger in part of vehicle that is not designed for carriage of passengers or goods |
3 | 3 | ||
Rule 268(4B) | Drive with passenger not in properly enclosed part of vehicle | 3 | 3 |
Rule 268–2(2) | Drive with person in or on the boot of motor vehicle | 3 | 6 |
Rule 271(1)(a) | Not sit astride on motor bike rider’s seat | 3 | 3 |
Rule 271(4), 271–1(1) or 271–2(1) | Unauthorised carriage of pillion passenger on motor bike or motor trike | 3 | 3 |
Rule 271(5) | Exceed number of passengers in motor bike side car | 3 | 3 |
Rule 271(5A) | Ride with passenger under 8 years not in sidecar | 3 | 3 |
Rule 271(5C) | Ride with unsafely seated passenger in sidecar | 3 | 3 |
Rule 274, 275, 277 or 279 | Disobeying traffic light | 3 | 3 |
Rule 287 | Not stop and supply required particulars at scene of crash | 3 | 3 |
Rule 288(1) (except in school zone) | Drive on path | 3 | 3 |
Rule 288(1) (in school zone) | Drive on path | 4 | 4 |
Rule 289(1) (except in school zone) | Drive on nature strip | 3 | 3 |
Rule 289(1) (in school zone) | Drive on nature strip | 4 | 4 |
Rule 290 (except in school zone) | Drive on traffic island | 3 | 3 |
Rule 290 (in school zone) | Drive on traffic island | 4 | 4 |
Rule 291 | Start or drive a vehicle causing unnecessary noise or smoke | 3 | 3 |
Rule 292(a) | Drive/tow vehicle with unsecured load | 3 | 3 |
Rule 292(b) | Drive/tow vehicle with load causing instability | 3 | 3 |
Rule 292(c) | Drive/tow vehicle with overhanging load | 3 | 3 |
Rule 293(2) | Not remove/have removed any thing fallen/put upon road | 3 | 3 |
Rule 294(1) | Tow without appropriate control of towed vehicle | 3 | 3 |
Rule 294(2)(a) | Tow without control of trailer | 3 | 3 |
Rule 294(2)(b) | Tow trailer when unsafe | 3 | 3 |
Rule 294–1(1)(a) | Articulated vehicle tow other vehicle | 3 | 3 |
Rule 294–1(1)(b) | Motor vehicle tow more than one vehicle | 3 | 3 |
Rule 294–2(1)(a) | Towed vehicle exceed towing capacity | 3 | 3 |
Rule 294–2(1)(b) | Towed vehicle exceed maximum laden weight | 3 | 3 |
Rule 296(1) (except in school zone) | Not reverse vehicle safely | 2 | 2 |
Rule 296(1) (in school zone) | Not reverse vehicle safely | 3 | 3 |
Rule 297(1) (except in school zone) | Not have proper control of vehicle | 3 | 3 |
Rule 297(1) (in school zone) | Not have proper control of vehicle | 4 | 4 |
Rule 297(1A) (except in school zone) | Drive with person or animal in lap | 3 | 3 |
Rule 297(1A) (in school zone) | Drive with person or animal in lap | 4 | 4 |
Rule 297(2) (except in school zone) | Drive without clear view | 3 | 3 |
Rule 297(2) (in school zone) | Drive without clear view | 4 | 4 |
Rule 297(3) (except in school zone) | Ride with animal on petrol tank | 3 | 3 |
Rule 297(3) (in school zone) | Ride with animal on petrol tank | 4 | 4 |
Rule 298 | Tow trailer with person in/on trailer | 3 | 3 |
Rule 298–1 | Driver consume alcohol while driving | 3 | 3 |
Rule 299(1)(a) (except in school zone) | Drive vehicle with TV/VDU image visible | 3 | 3 |
Rule 299(1)(a) (in school zone) | Drive vehicle with TV/VDU image visible | 4 | 4 |
Rule 300–1 | Learner, provisional P1 or provisional P2 driver use mobile phone while driving | 5 | 10 |
Road Transport Act 2013 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision creating offence | Description of offence | Standard demerit points | Long weekend demerit points |
Section 68(1), in relation only to a class B or class C motor vehicle | Use unregistered vehicle | 4 | 4 |
Section 116(1) | Burnout | 3 | 3 |
Section 119(2) | Stand/drive vehicle with speed measuring evasion article | 9 | 9 |
Road Transport (Driver Licensing) Regulation 2017 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision creating offence | Description of offence | Standard demerit points | Long weekend demerit points |
Clause 15(1)(b) | Learner driver not display “L” plates as required | 2 | 2 |
Clause 17(1) | Unauthorised carriage of pillion passenger | 3 | 3 |
Clause 17(1A) | Learner rider not display “L” plate as required | 2 | 2 |
Clause 17(2) | Ride motorcycle of prohibited capacity/power | 4 | 4 |
Clause 18 | Learner tow or be towed by other vehicle | 2 | 2 |
Clause 23(a) | Drive vehicle towing excess weight | 2 | 2 |
Clause 23(b) | Ride motor bike or motor trike towing other vehicle | 2 | 2 |
Clause 119— | |||
| Not comply with provisional P1/P2 (class R) restriction on capacity/power | 7 | 7 |
| Not comply with provisional P1 pillion passenger restriction | 3 | 3 |
| Not comply with provisional P1/P2 high performance vehicle restriction | 7 | 7 |
| Not comply with provisional P1/P2 passenger restriction | 7 | 7 |
| Not comply with provisional P1 passenger restriction | 3 | 3 |
| Not comply with conditions of licence | 2 | 2 |
Road Transport (Vehicle Registration) Regulation 2017 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision creating offence | Description of offence | Standard demerit points | Long weekend demerit points |
Clause 60(1) | Use vehicle with obscured/defaced/illegible number-plate or number-plate not displayed or affixed in accordance with Regulation | 3 | 3 |
Clause 60(1)(a) | Use vehicle with defective brakes | 3 | 3 |
Clause 60(1)(a) | Use vehicle with defective steering | 3 | 3 |
Clause 60(1)(a) | Use vehicle with seatbelt missing/defective | 3 | 3 |
Clause 60(1)(a) | Use vehicle with defective seating | 3 | 3 |
Clause 60(1)(a) | Use vehicle not fitted/equipped with seatbelts/anchorages | 3 | 3 |
Clause 60(1)(a) | Use vehicle with dangerous protrusion on bullbar | 3 | 3 |
Clause 129(1) | Use vehicle with unauthorised number-plate | 3 | 3 |
Clause 129(3)(a) | Use vehicle displaying altered number-plate | 3 | 3 |
Clause 129(3)(b) | Use vehicle displaying misleading number-plate | 3 | 3 |
Rural Fires Act 1997 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision creating offence | Description of offence | Standard demerit points | Long weekend demerit points |
Section 99A(1) | Driver of a motor vehicle, without lawful authority, discarding a lighted tobacco product or match or any incandescent material on a road or road related area— | ||
| 5 | 5 | |
| 10 | 10 |
clause 116
Item | Service | Fee |
1 | Issue or renewal of a driver licence, other than a provisional licence or learner licence— | |
| $72 | |
| $168 | |
| $228 | |
| $422 | |
2 | Issue or renewal of— | |
| $72 | |
| $112 | |
| $31 | |
3 | Issue of a replacement driver licence— | |
| $27 | |
| $33 | |
4 | Administration of a test to obtain a driver licence— | |
| $57 | |
| $70 | |
| $57 | |
5 | Confirmation of the successful completion of a driver knowledge test, administered online, to obtain a learner licence | $57 |
6 | Issue of the following in connection with a competency based assessment relating to heavy vehicle driver licensing— | |
| $35 | |
| $11 | |
7 | Provision of— | |
| $16 | |
| $16 | |
| $16 | |
| $16 | |
8 | Interlock administration fee for an interlock driver licence | $200 |
Road Transport (Driver Licensing) Regulation 2017 (450). LW 25.8.2017. Date of commencement, 1.9.2017, cl 2. This Regulation has been amended by cl 96AA(5A) of this Regulation and as follows—
(582) | Road Transport (Driver Licensing) Amendment (Use of Digital Driver Licence) Regulation 2017. LW 20.10.2017. Date of commencement, on publication on LW, cl 2. | |
(599) | Road Transport (Driver Licensing) Amendment (Point to Point Transport) Regulation 2017. LW 27.10.2017. Date of commencement, 1.11.2017, cl 2. | |
(629) | Road Transport (Driver Licensing) Amendment (Provisional P2 Licence Extensions) Regulation 2017. LW 17.11.2017. Date of commencement, 20.11.2017, cl 2. | |
(718) | Road Transport Legislation Amendment (Demerit Points and Penalty Notice Offences) Regulation 2017. LW 15.12.2017. Date of commencement, 30.1.2018, cl 2. | |
(181) | Road Transport Legislation Amendment (Stationary Emergency Vehicles) Regulation 2018. LW 27.4.2018. Date of commencement, 1.9.2018, cl 2. | |
No 21 | Road Transport and Other Legislation Amendment (Digital Driver Licences and Photo Cards) Act 2018. Assented to 30.5.2018. Date of commencement of Sch 3.6, 28.10.2019, sec 2(1) and 2019 (513) LW 25.10.2019. | |
(334) | Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2018. LW 29.6.2018. Date of commencement, 1.7.2018, cl 2. | |
(410) | Road Transport (Driver Licensing) Amendment (Rider Competency Assessment) Regulation 2018. LW 3.8.2018. Date of commencement, on publication on LW, cl 2. | |
(523) | Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation 2018. LW 7.9.2018. Date of commencement, 17.9.2018, cl 2. | |
No 54 | Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018. Assented to 5.10.2018. Date of commencement of Sch 2.2, 20.5.2019, sec 2 and 2018 (653) LW 23.11.2018. | |
No 68 | Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018. Date of commencement of Sch 2.30, 8.1.2019, sec 2 (1). | |
(691) | Road Transport (Driver Licensing) Amendment (Interstate and International Visitors) Regulation 2018. LW 30.11.2018. Date of commencement, on publication on LW, cl 2. | |
(692) | Road Transport Legislation Amendment (Release of Information to Toll Operators) Regulation 2018. LW 30.11.2018. Date of commencement, on publication on LW, cl 2. | |
(51) | Road Transport Legislation Amendment (Light Rail) Regulation 2019. LW 1.2.2019. Date of commencement, 1.2.2019, cl 2. | |
(61) | Road Transport Legislation Amendment (Digital Delivery of Notices) Regulation 2019. LW 8.2.2019. Date of commencement, on publication on LW, cl 2. | |
(244) | Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2019. LW 14.6.2019. Date of commencement, 1.7.2019, cl 2. | |
(264) | Road Transport (Driver Licensing) Amendment (Release of Photographs to ASIO) Regulation 2019. LW 21.6.2019. Date of commencement of Sch 1.1, on publication on LW, cl 2(1); date of commencement of Sch 1.2, 28.10.2019, cl 2(2) and 2019 (513) LW 25.10.2019. | |
(466) | Road Amendment (Stationary Emergency Vehicles) Rule 2019. LW 20.9.2019. Date of commencement, 26.9.2019, cl 2. | |
(517) | Road Transport (Driver Licensing) Amendment (Digital Driver Licences) Regulation 2019. LW 25.10.2019. Date of commencement, 28.10.2019, cl 2 and 2019 (513) LW 25.10.2019. | |
(614) | Road Transport (Driver Licensing) Amendment (Digital Driver Licences) Regulation (No 2) 2019. LW 13.12.2019. Date of commencement, on publication on LW, cl 2. | |
(9) | Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation 2020. LW 17.1.2020. Date of commencement, on publication on LW, cl 2. | |
(229) | Road Transport Legislation Amendment (Light Vehicle Standards Rules) Regulation 2020. LW 29.5.2020. Date of commencement of Sch 2, on publication on LW, cl 2(1). | |
(476) | Road Transport Amendment (Miscellaneous) Regulation 2020. LW 14.8.2020. Date of commencement, on publication on LW, cl 2. | |
(541) | Road Transport Legislation Amendment (Registration Information Disclosure Agreement) Regulation 2020. LW 11.9.2020. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
No 33 | Road Transport Legislation Amendment Act 2020. Assented to 27.10.2020. Date of commencement of Sch 2.5, immediately after the commencement of Sch 4.85 to the Statute Law (Miscellaneous Provisions) Act 2020 (ie 22.1.2021), sec 2(2). | |
(137) | Transport Legislation Amendment (Fees) Regulation 2021. LW 26.3.2021. Date of commencement, 1.4.2021, cl 2. | |
(407) | Road Transport (Driver Licensing) Amendment (Licence Requirements) Regulation 2021. LW 23.7.2021. Date of commencement, on publication on LW, cl 2. | |
(487) | Road Transport (General) Regulation 2021. LW 27.8.2021. Date of commencement, 1.9.2021, sec 2. | |
No 22 | Road Transport Legislation Amendment Act 2021. Assented to 20.10.2021. Date of commencement of Sch 5.13, assent, sec 2(2) and 2018 No 163 of the Commonwealth. | |
(294) | Road Transport (Driver Licensing) Amendment Regulation 2022. LW 17.6.2022. Date of commencement, on publication on LW, sec 2. | |
(339) | Transport Legislation Amendment (Penalties, Fees and Charges) Regulation 2022. LW 1.7.2022. Date of commencement of Sch 1.5, 1.7.2022, sec 2(b). | |
(402) | Road Amendment (Electric Scooter Trial) Rule 2022. LW 22.7.2022. Date of commencement, on publication on LW, sec 2. | |
(416) | Road Transport Legislation Amendment (National Heavy Vehicle Regulator) Regulation 2022. LW 29.7.2022. Date of commencement, on publication on LW, sec 2. | |
(692) | Road Transport Legislation Amendment Regulation 2022. LW 18.11.2022. Date of commencement, on publication on LW, sec 2. | |
(758) | Road Transport Legislation Amendment (Dimension Requirement Offences) Regulation 2022. LW 9.12.2022. Date of commencement, on publication on LW, sec 2. | |
(759) | Road Transport Legislation Amendment Regulation (No 2) 2022. LW 9.12.2022. Date of commencement, on publication on LW, sec 2. | |
(814) | Road Transport (Driver Licensing) Amendment (Visiting Drivers) Regulation 2022. LW 16.12.2022. Date of commencement, 1.7.2023, sec 2. | |
(73) | Road Transport (Driver Licensing) Amendment (Points Disclosure Agreement) Regulation 2023. LW 24.2.2023. Date of commencement, on publication on LW, sec 2. | |
(74) | Road Transport Legislation Amendment (Electric Skateboards and Bicycles) Regulation 2023. LW 24.2.2023. Date of commencement, on publication on LW, sec 2. | |
(430) | Road Transport Legislation Amendment (Visiting Drivers) Regulation 2023. LW 4.8.2023. Date of commencement of Sch 1, on publication on LW, sec 2(a). | |
(550) | Transport Legislation Amendment (Penalties, Fees and Charges) Regulation 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
(645) | Road Transport Amendment (Electric Scooter Trial and Parking) Rule 2023. LW 1.12.2023. Date of commencement, on publication on LW, sec 2. | |
(680) | Road Transport (Driver Licensing) Amendment (Alternative Address) Regulation 2023. LW 15.12.2023. Date of commencement, on publication on LW, sec 2. | |
(49) | Road Transport (Driver Licensing) Amendment (Visiting Drivers) Regulation 2024. LW 1.3.2024. Date of commencement, on publication on LW, sec 2. | |
(137) | Road Transport (Driver Licensing) Amendment (Demerit Points Reduction Trial) Regulation 2024. LW 3.5.2024. Date of commencement, on publication on LW, sec 2. | |
(197) | Road Transport Amendment (Automated Seatbelt Enforcement) Rule 2024. LW 7.6.2024. Date of commencement, 1.7.2024, sec 2. | |
(263) | Transport Legislation Amendment (Penalties, Fees and Charges) Regulation 2024. LW 28.6.2024. Date of commencement, 1.7.2024, sec 2. | |
(45) | Road Transport (Driver Licensing) Amendment (Demerit Points Reduction Trial) Regulation 2025. LW 21.2.2025. Date of commencement, on publication on LW, sec 2. | |
(125) | Road Transport Amendment (Miscellaneous) Regulation 2025. LW 28.3.2025. Date of commencement, on publication on LW, sec 2. | |
(201) | Road Transport Legislation Amendment (Electric Scooter Trial) Regulation 2025. LW 9.5.2025. Date of commencement, on publication on LW, sec 2. | |
(308) | Transport Legislation Amendment (Penalties, Fees and Charges) Regulation 2025. LW 27.6.2025. Date of commencement of Sch 5, 1.7.2025, sec 2(b). |
Cl 4 | Am 2019 (61), Sch 1.1 [1]; 2021 No 22, Sch 5.13[1] [2]; 2022 (692), Sch 2[1] [2]; 2022 (814), Sch 1[1]; 2023 (430), Sch 1[1] [2]; 2025 (125), Sch 2[1]. |
Cl 10 | Am 2023 (680), Sch 1[1] [2]. |
Cl 12 | Am 2018 (410), Sch 1 [1]–[3]; 2025 (125), Sch 2[2]. |
Cl 17 | Am 2020 No 30, Sch 4.86[2]; 2025 (125), Sch 2[3] [4]. |
Cl 22 | Am 2020 No 30, Sch 4.86[2]. |
Cl 25 | Subst 2021 (407), Sch 1[1]. |
Cl 27 | Am 2017 (629), Sch 1 [1]. |
Cl 29 | Am 2020 No 30, Sch 4.86[2]. |
Cl 31 | Subst 2021 (407), Sch 1[2]. |
Cl 33 | Am 2017 (629), Sch 1 [2]. |
Cl 35 | Am 2020 No 30, Sch 4.86[4]. |
Cl 35A | Ins 2017 (629), Sch 1 [3]. Am 2018 No 54, Sch 2.2 [1]; 2020 No 30, Sch 4.86[4]. |
Cl 36 | Am 2020 No 30, Sch 4.86[2] [3]. |
Cl 39 | Rep 2022 (692), Sch 2[3]. |
Cl 40 | Am 2020 (229), Sch 2. |
Part 3, Div 5 | Ins 2022 (692), Sch 2[4]. |
Cl 41A | Ins 2022 (692), Sch 2[4]. |
Cl 50 | Subst 2018 (410), Sch 1 [4]. Am 2020 No 30, Sch 4.86[4]; 2025 (125), Sch 2[2]. |
Cl 52 | Am 2018 (410), Sch 1 [5]. |
Cl 54 | Am 2019 (61), Sch 1.1 [2]. |
Cl 56 | Am 2025 (125), Sch 2[5]. |
Cl 59 | Am 2018 (410), Sch 1 [6]–[8]; 2025 (125), Sch 2[6]–[9]. |
Part 7, heading | Am 2025 (125), Sch 2[10]. |
Cl 60 | Am 2025 (125), Sch 2[11] [12]. |
Cl 65 | Am 2020 No 30, Sch 4.86[4]; 2022 (294), sec 3(1) (2); 2025 (125), Sch 2[13] [14]. |
Cl 66 | Am 2022 (758), Sch 1.2[1]; 2025 (125), Sch 2[15]. |
Cl 67A | Ins 2018 No 54, Sch 2.2 [2]. |
Cl 69 | Am 2020 No 30, Sch 4.86[2]. |
Cl 72 | Rep 2018 (410), Sch 1 [9]. Ins 2024 (137), Sch 1. Am 2025 (45), Sch 1[1] [2]. |
Part 10 | Rep 2018 (410), Sch 1 [9]. |
Cl 73 | Rep 2018 (410), Sch 1 [9]. |
Cl 74 | Rep 2018 (410), Sch 1 [9]. |
Cl 75 | Rep 2018 (410), Sch 1 [9]. |
Cl 76 | Rep 2018 (410), Sch 1 [9]. |
Cl 77 | Rep 2018 (410), Sch 1 [9]. |
Cl 78 | Rep 2018 (410), Sch 1 [9]. |
Cl 79 | Rep 2018 (410), Sch 1 [9]. |
Cl 80 | Rep 2018 (410), Sch 1 [9]. |
Cl 81 | Rep 2018 (410), Sch 1 [9]. |
Cl 83 | Am 2020 No 30, Sch 4.86[4]. |
Cl 85 | Am 2025 (125), Sch 2[16]. |
Cl 94 | Am 2020 No 30, Sch 4.86[4]. |
Cl 95A | Ins 2021 (407), Sch 1[3]. Am 2022 (814), Sch 1[2] [3]; 2023 (430), Sch 1[2] [3]. |
Cl 95 | Am 2020 No 30, Sch 4.86[4]. |
Cl 96 | Am 2018 No 54, Sch 2.2 [3]–[5]; 2018 (691), cl 3 (1)–(3); 2021 (407), Sch 1[4]–[6]; 2022 (294), sec 3(3)–(5); 2022 (758), Sch 1.2[1]; 2022 (814), Sch 1[4]; 2023 (430), Sch 1[4]; 2025 (125), Sch 2[17]–[19]. |
Cl 96AA | Ins 2022 (814), Sch 1[5]. Subst 2023 (430), Sch 1[5]. Am 2024 (49), Sch 1[1] [2]; 2017 (450), cl 96AA(5A). |
Cl 96A | Ins 2021 (407), Sch 1[7]. |
Cl 98A | Ins 2022 (402), Sch 2.1. Am 2023 (645), Sch 2; 2025 (201), Sch 2. |
Cl 99 | Am 2021 No 22, Sch 5.13[3] [4]; 2022 (692), Sch 2[5]; 2023 (74), Sch 2[1]–[4]. |
Cl 100 | Am 2019 (61), Sch 1.1 [3]. |
Cl 104 | Am 2020 No 30, Sch 4.86[5] [6]. Rep 2020 No 33, Sch 2.5. |
Cl 104A | Ins 2018 (692), cl 3. Am 2020 (541), cl 3(1) (2). |
Cl 105 | Am 2020 No 30, Sch 4.86[4]. |
Cl 107 | Am 2020 No 30, Sch 4.86[7]. |
Cl 109 | Am 2019 (264), Sch 1.1[1] [2] and Sch 1.2[1]–[3]; 2021 (487), Sch 7.11. |
Cl 113 | Am 2022 (759), Sch 2; 2023 (73), Sch 1[1]–[4]. |
Cl 114 | Am 2020 No 30, Sch 4.86[2] [4]. |
Cl 116 | Am 2023 (550), Sch 5[1]. |
Cl 120 | Am 2020 No 30, Sch 4.86 [4]. |
Cl 122 | Am 2019 (61), Sch 1.1 [4] [5]. |
Cl 125 | Am 2025 (125), Sch 2[20]. |
Cl 125A | Ins 2017 (582), cl 3. Rep 2018 No 21, Sch 3.6. Subst 2019 (517), cl 3. Am 2019 (614), cl 3. Rep 2022 (416), Sch 2. |
Cl 126 | Am 2017 (599), cl 3 (1) (2). |
Cl 131 | Ins 2022 (814), Sch 1[6]. Rep 2023 (430), Sch 1[6]. |
Sch 1 | Am 2018 (523), cl 3 (1); 2019 (51), Sch 2 [1]; 2022 (339), Sch 1.5[1]; 2024 (197), Sch 2[1] [2]. |
Sch 2 | Am 2017 (718), Sch 1 [1]–[3]; 2018 (181), Sch 3; 2018 (523), cl 3 (2); 2018 No 68, Sch 2.30; 2019 (51), Sch 2 [2]; 2019 (466), cl 3; 2020 (9), cl 3; 2020 (476), Sch 2[1] [2]; 2022 (692), Sch 2[6] [7]; 2022 (758), Sch 1.2[2]; 2025 (125), Sch 2[21]–[23]. |
Sch 3 | Subst 2018 (334), Sch 1. Am 2018 (410), Sch 1 [10]; 2019 (244), Sch 1; 2020 No 30, Sch 4.86[2]. Subst 2021 (137), Sch 1.5; 2022 (339), Sch 1.5[2]; 2023 (550), Sch 5[2]; 2024 (263), Sch 5. Am 2025 (308), Sch 5. |
The whole Regulation (except cl 107) | Am 2020 No 30, Sch 4.86[1] (“the Authority”and “The Authority”omitted wherever occurring, “Transport for NSW” inserted instead). |
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