Traffic Act 1909 Motor Traffic Regulations Amendment (Driver Licensing) Regulation 1999 (1999-104) [GG No 25 of 26.2.1999, p 1071] (NSW)

1999 No 104

New South Wales

Motor Traffic Regulations Amendment (Driver Licensing) Regulation 1999

under the

Traffic Act 1909

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Traffic Act 1909.

CARL SCULLY, M.P.,
Minister for Roads

The object of this Regulation is to remove certain provisions of the Motor Traffic Regulations 1935 relating to driver licensing, and to make certain other amendments, as a consequence of the enactment of the Road Transport (Driver Licensing) Act 1998 which will regulate matters relating to driver licences.

This Regulation is made under the Traffic Act 1909, including section 3 (1 )
(the general regulation-making power).

Published in Gazette No 25 of 26 February 1999, page 1071 Page 1

Clause 1 Motor Traffic Regulations Amendment (Driver Licensing) Regulation 1999

This Regulation is the Motor Traffic Regulaitons Amendment

(Driver Licensing) Regulation 1999.

2 Commencement

This Regulation commences on l March 1999.

3 Amendment of

egulations 1935

The Motor Traffic Regulations I935 are amended as set out in

Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

Motor Traffic Regulations Amendment (Driver Licensing) Regulation 1999

Amendments Schedule 1

(Clause 3)

Insert in alphabetical order:

learner licence means a learner licence issued under the

Road Transport (Driver Licensing) Act 1998.

art 2

Omit the heading. Insert instead: 

a rt

licences

Omit the Divisions.

Part 2, Division 5

Omit the heading to the Division.

Omit the regulation. Insert instead:

Regulation 31

31 interstate and international visitors

(1)

A visiting driver who holds:

(a)	a current Australian driver licence or learner licence (including a New Zealand learner licence) issued in another jurisdiction, or
(b)	a current foreign driver licence and international driving permit, or
(c)	a current foreign driver licence that is written in English or is accompanied by an English translation.

Motor Traffic Regulations Amendment (Driver Licensing) Regulation 1999

Schedule 1 Amendments

that authorises him or her to drive a motor vehicle of a particular kind may drive a motor vehicle of that kind in this State, and is exempt from the requirement to hold a driver licence.

(2) A person ceases to be exempt under subclause ( l ) if any
of the following things happens:

if the holder of an Australian driver licence or learner licence has resided in this State for a continuous period of more than 3 months, unless he or she also holds a valid Driver Identification Document issued by the Commonwealth Department of Defence,

if an international visitor has held a permanent visa under the Migration Act 1958 of the Commonwealth for more than 3 months,

if the person is disqualified from driving a motor

vehicle on a road or road related area in any State
or Territory, or another country,
if the person is charged with an offence specified
under another law of this State relating to visiting

drivers,

if the person, in the reasonable opinion of the

Authority, is not considered a fit and proper person to drive a motor vehicle in this State,

if, in the reasonable opinion of the Authority, the

person’s ability to drive safely is impaired due to a

permanent or long term injury or illness,
if the person fails to comply with a request under
clause 31 of the Road Transport (Driver
Licensing) Regulation 1999.

(3)	If the Authority forms an opinion on the matters set out in subclause (2) (e) or (f) , the Authority must give the person notice in writing stating:
(a) that he or she is no longer exempt from the requirement to hold a driver licence in this State, and

Motor Traffic Regulations Amendment (Driver Licensing) Regulation 1999

Amendments Schedule 1

(b)	that he or she must not drive a motor vehicle on a road or road related area in this State, and
(c)	the reasons why the person is no longer exempt, and
(d)	any action that may be taken by the person in order to regain the exemption, and
(e)	the date by which the person must take that action.

(4)

Section 7A (2) (b) and (c) of the Act do not apply to a
person referred to in subclause ( l) :

(a)	who was previously licensed in this State, and
(b)	whose driver licence was cancelled or suspended or whose application for a driver licence was refused, and
(c)	who, if he or she made an application for a driver licence, would not, because of:

(i)        any current period of disqualification or suspension, or

(ii)     any failure to meet the conditions of reinstatement of a driver licence after cancellation,

be prevented from obtaining a further licence in

this State.

[6] Regulation 33 embers of Police Force

Omit “and the provisions of the Regulations relating to the licensing of drivers or riders of motor vehicles”.

Insert at the end of regulation 33:

(2) This regulation ceases to have effect on 1 March 2000.

Omit the regulation.

Motor Traffic Regulations Amendment (Driver Licensing) Regulation 1999

Schedule 1 Amendments

egulation 34 Other exemptions from licensin

Omit “and the provisions of these Regulations relating to the licensing of drivers” wherever occurring.

Regulation 34 (1) (

Omit the paragraphs.

Regulation 34

Insert at the end of regulation 34:

(2) Clause (1) (a) ceases to have effect on l March 2000.

Regulation 34A Exemption un er section 6B of the

Omit “Regulation 9 (5)” from regulation 34A (a).
Insert instead “the Road Transport (Driver Licensing) Regulation

1999”.

Regulation 34A (b)

Omit “Regulation 12 ( l ) (a) or 12 ( l ) (h)”.

Insert instead	the Road Transport (Driver Licensing) Regulation
1999”.

Part 2A Motor cycle rider training and testing scheme

Omit the Part.

Regulation 87 Owner to inspect driver licence

Omit “licence to drive”. Insert instead ”driver licence”.

Motor Traffic Regulations Amendment (Driver Licensing) Regulation 1999

Amendments Schedule 1

Regulation 89 Spectacles

Omit “licence as a driver“ from regulation 89 (l) .

Insert instead “driver licence”.

Omit “clause (5) of Regulation 12” from regulation 1 l l (2) (c).

Regulation 111 Pillion riding

Insert instead “clause 12 (2) of the Rood Transport (Driver
Licensing) Regulation 1999”.

Omit ‘‘learner’s licence” from regulation 124 (3C) (a).
Insert instead “learner licence”.

[19]      Schedule A Fees and other charges

Omit items 1–6 and 3 1.

Schedule K Prescribed offences and penalties for the purposes of section 185 of the Act

Omit the matter relating to regulation 12BA (2) from Table A of Part
2.

Omit “23, 3 1 (2),”.

Schedule K, Table B

Omit the matter relating to regulation 12 (4).

Motor Traffic Regulations Amendment (Driver Licensing) Regulation 1999

Schedule 1 Amendments

Insert after Part 13:

PART 14

Offences under the Road Transport (Driver Licensing) Act 1998

and regulations under that Act

Offence Penalty

Road Transport (Driver Licensing) Regulation 1999
Any offence under:

clause 12 ( l ) (b), (2) (a) or (b), (3), (4) or (5), 13, 15 (6) (a) or

(b), 30 ( l ) , 56, 57 ( l ) , (2) or (3) or 58 (2) ............................. 67

[24] Schedule L ffences for the purposes of regulations 10

Omit the Schedule.