Road Transport (Police Driver and Rider Exemptions) Amendment Regulation 2013 (No 1) (ACT)

Case

Road Transport (Police Driver and Rider Exemptions) Amendment Regulation 2013 (No 1)

Subordinate Law SL2013-9

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

Dated 3 May 2013.

Simon Corbell

Minister

Joy Burch

Minister

Road Transport (Police Driver and Rider Exemptions) Amendment Regulation 2013 (No 1)

Subordinate Law SL2013-9

made under the

Road Transport (Driver Licensing) Act 1999 and the Road Transport (Safety and Traffic Management) Act 1999

Contents

Page

Part 1      Preliminary

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

Part 2Road Transport (Driver Licensing) Regulation 2000

4            Section 39, new note  2

5            Part 6 heading  2

6            New section 99A  2

7           Dictionary, note 2  3

Part 3Road Transport (Safety and Traffic Management) Regulation 2000

8            Section 69  4

9            New section 69A  5

10          Dictionary, note 2  6

Part 1Preliminary

  1. Name of regulation

    This regulation is the Road Transport (Police Driver and Rider Exemptions) Amendment Regulation 2013 (No 1).

  2. Commencement

    This regulation commences on the day after its notification day.

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

  3. Legislation amended

    This regulation amends the Road Transport (Driver Licensing) Regulation 2000 and the Road Transport (Safety and Traffic Management) Regulation 2000.

Part 2Road Transport (Driver Licensing) Regulation 2000

  1. Section 39, new note

    insert

    NoteA police officer is eligible to apply for the issue of a full motorcycle licence if the officer has successfully completed police motorcycle rider training (see s 99A(1)).

  2. Part 6 heading

    substitute

Part 6Interstate drivers, overseas drivers and other drivers

  1. New section 99A

    insert

99APolice motorcycle riders—licence eligibility requirement and exemptions—Act, s 28 (2)

(1)A police officer is eligible to apply to the road transport authority for the issue of a full motorcycle licence if the police officer has successfully completed police motorcycle rider training.

NoteIf the road transport authority approves the application, the authority must issue a full motorcycle licence (see s 40).

(2)A police officer is exempt, when doing police motorcycle rider training or police motorcycle rider assessment, from—

(a)holding an Australian driver licence that authorises the police officer to ride a motorbike; and

(b)the following provisions:

(i)division 3.2 (Learner licences and heavy vehicle learners);

(ii)division 3.3 (Licence class eligibility requirements and provisional licence requirements);

(iii)division 3.4 (Provisional licences, additional provisional classes and provisional licence restrictions).

(3)In this section:

AFP means the Australian Federal Police.

police motorcycle rider assessment means an assessment conducted by an AFP employee or contractor of a police officer’s ability to ride a motorbike in the exercise of the police officer’s functions as a police officer.

police motorcycle rider training means training provided by the AFP, or an AFP contractor, that teaches a police officer how to ride a motorbike for the purpose of the exercise of the police officer’s functions as a police officer.

  1. Dictionary, note 2

    insert      

    ·     police officer

Part 3Road Transport (Safety and Traffic Management) Regulation 2000

  1. Section 69

    substitute

  2. Exemption for driver of police vehicle—generally—Act, s 35

    (1)An exemption provision does not apply to the driver of a police vehicle if—

    (a)in the circumstances—

    (i)the driver is taking reasonable care; and

    (ii)it is reasonable that the provision should not apply, having regard to the road and traffic conditions at the time; and

    (b)if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.

    NoteThis section also applies to a rider of a police motorbike (see Road Transport (General) Act 1999, dict defs drive, driver, ride and vehicle).

    (2)Subsection (1) (b) does not apply to the driver if, in the circumstances, it is reasonable—

    (a)not to display the light or sound the alarm; or

    (b)for the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm.

    (3)In this section:

    exemption provision means—

    (a)the Act, section 5B (Burnouts and other prohibited conduct); or

    (b)the Act, section 7 (Furious, reckless or dangerous driving), to the extent the section relates to furious or dangerous driving; or

    (c)part 2.1 (Incorporation into ACT law); or

    (d)part 2.2 (How the Australian Road Rules are incorporated); or

    (e)part 2.3 (Additional ACT road rules).

  3. New section 69A

    insert

69AExemption for driver of police vehicle—training and assessment

(1)An exemption provision does not apply to the driver of a police vehicle if—

(a)the driver is doing police driver training or police driver assessment; and

(b)in the circumstances—

(i)the driver is taking reasonable care; and

(ii)it is reasonable that the provision should not apply, having regard to the road and traffic conditions at the time; and

(c)if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.

NoteThis section also applies to a rider of a police motorbike (see Road Transport (General) Act 1999, dict defs drive, driver, ride and vehicle).

(2)Subsection (1) (c) does not apply to the driver if, in the circumstances, it is reasonable—

(a)not to display the light or sound the alarm; or

(b)for the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm.

(3)In this section:

AFP means the Australian Federal Police.

exemption provision means—

(a)the Act, section 5B (Burnouts and other prohibited conduct); or

(b)the Act, section 7 (Furious, reckless or dangerous driving), to the extent the section relates to furious or dangerous driving; or

(c)part 2.1 (Incorporation into ACT law); or

(d)part 2.2 (How the Australian Road Rules are incorporated); or

(e)part 2.3 (Additional ACT road rules).

police driver assessment means an assessment conducted by an AFP employee or contractor of a police officer’s ability to drive a police vehicle in the exercise of the police officer’s functions as a police officer.

police driver training means training provided by the AFP, or an AFP contractor, that teaches a police officer how to drive a police vehicle for the purpose of the exercise of the police officer’s functions as a police officer.

  1. Dictionary, note 2

    insert      

    ·     police officer

Endnotes

  1. Notification

    Notified under the Legislation Act on 6 May 2013.

  2. Republications of amended laws

    For the latest republication of amended laws, see align="center">© Australian Capital Territory 2013

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