Untitled document

Road Safety (Drivers) (Learner Approved Motor Cycle Scheme and Other Amendments) Regulations 2008

S.R. No. 61/2008

TABLE OF PROVISIONS

Regulation  Page

PART 1—PRELIMINARY

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

PART 2—LEARNER APPROVED MOTOR CYCLE SCHEME AMENDMENTS

5Definition

6Conditions on driver licences or permits

7Restrictions affecting certain motor cycle riders

8Transitional provision

703Learner approved motor cycle scheme

PART 3—LEARNER PERMITS AND PROBATIONARY LICENCES

9Amendment of proposed regulation 215

10Amendment of proposed regulation 215A

11Amendment of proposed regulation 215C

12Amendment of regulation 702

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 61/2008

Road Safety Act 1986

Road Safety (Drivers) (Learner Approved Motor Cycle Scheme and Other Amendments) Regulations 2008

The Governor in Council makes the following Regulations:

Dated: 17 June 2008

Responsible Minister:

TIM PALLAS
Minister for Roads and Ports

RYAN HEATH

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are—

(a)to amend the Road Safety (Drivers) Regulations 1999 to—

(i)introduce a learner approved motor cycle scheme; and

(ii)provide that the requirements to be satisfied by learner drivers less than 21 years before they can be granted a licence do not apply to people who obtained a learner permit from another Australian jurisdiction or overseas before 1 July 2007.

(b)to amend the Road Safety (Drivers) (Young Drivers) Regulations 2007 to expand the circumstances in which—

(i)a licence may be granted as a P1 or P2 probationary driver licence; and

(ii)a probationary driver licence may be extended.

2Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3Commencement

(1)These Regulations (except Part 2) come into operation on the day on which they are made.

(2)Part 2 comes into operation on 1 July 2008.

4Principal Regulations

In these Regulations the Road Safety (Drivers) Regulations 1999[1] are called the Principal Regulations.

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PART 2—LEARNER APPROVED MOTOR CYCLE SCHEME AMENDMENTS

5Definition

In regulation 104 of the Principal Regulations insert the following definition—

"learner approved motor cycle means a motor cycle, or class of motor cycle, approved by the Corporation as a learner approved motor cycle under regulation 211B(5);".

6Conditions on driver licences or permits

In regulation 207 of the Principal Regulations, in Table 207 in the licence or permit condition set out in Column 2 that corresponds to condition code E set out in Column 1, for paragraph (a) substitute—

"(a)not drive a motor cycle other than a learner approved motor cycle; and".

7Restrictions affecting certain motor cycle riders

(1)For the heading to regulation 211B of the Principal Regulations substitute—

"Restrictions affecting certain motor cycle riders".

(2)In regulation 211B of the Principal Regulations—

(a)in subregulation (1), for paragraph (a) substitute—

"(a)drive a motor cycle other than a learner approved motor cycle; or";

(b)in subregulation (2), for paragraph (a) substitute—

"(a)drive a motor cycle other than a learner approved motor cycle; or".

(3)After regulation 211B(4) of the Principal Regulations insert—

"(5)For the purpose of this regulation, the Corporation may, if satisfied that a motor cycle or class of motor cycle is suitable to be a learner approved motor cycle, approve a motor cycle, or class of motor cycle, to be a learner approved motor cycle—

(a)by notice published in the Government Gazette; or

(b)by issuing a registration label, in accordance with the Road Safety (Vehicles) Regulations 1999[2], indicating that the motor cycle is a learner approved motor cycle.

(6)In calculating the period for which a person has held a motor cycle driver licence referred to in subregulation (1), any period for which the person's driver licence has been suspended, or the person has been disqualified from driving, must be excluded.".

8Transitional provision

After regulation 702 of the Principal Regulations insert—

"703   Learner approved motor cycle scheme

(1)Subject to subregulation (2), regulation 211B(1)(a) (as substituted by regulation 7(2)(a) of the Road Safety (Drivers) (Learner Approved Motor Cycle Scheme and Other Amendments) Regulations 2008) applies to the holder of a motor cycle licence issued before, on or after 1 July 2008.

Example

A person who holds a motor cycle licence issued on 1 May 2008 is entitled to drive a motor cycle with an engine capacity in excess of 260cc if the motor cycle is a learner approved motor cycle.

(2)A person to whom subregulation (1) applies, who drives a motor cycle with an engine capacity of no more than 260 cubic centimetres, does not commit an offence against regulation 211B(1)(a) (as substituted by regulation 7(2)(a) of the Road Safety (Drivers) (Learner Approved Motor Cycle Scheme and Other Amendments) Regulations 2008) if—

(a)the person holds a motor cycle licence issued before 1 July 2008; or

(b)the person holds a motor cycle licence issued after 1 July 2008 if at the time of issue of the motor cycle licence the person held a valid motor cycle learner permit issued before 1 July 2008.

Example

A person who holds a motor cycle licence issued on 1 May 2008 is entitled to drive a motor cycle with an engine capacity of no more than 260cc that is not a learner approved motor cycle.

A person who held a motor cycle learner permit issued on 1 May 2008 and subsequently holds a motor cycle licence issued on 1 September 2008 is entitled to drive a motor cycle with an engine capacity of no more than 260cc that is not a learner approved motor cycle.

(3)Subject to subregulation (4), regulation 211B(2)(a) (as substituted by regulation 7(2)(b) of the Road Safety (Drivers) (Learner Approved Motor Cycle Scheme and Other Amendments) Regulations 2008) applies to the holder of a motor cycle learner permit issued before, on or after 1 July 2008.

Example

A person who holds a motor cycle learner permit issued on 1 May 2008 is entitled to drive a motor cycle with an engine capacity in excess of 260cc if the motor cycle is a learner approved motor cycle.

(4)A person to whom subregulation (3) applies, who drives a motor cycle with an engine capacity of no more than 260 cubic centimetres, does not commit an offence against regulation 211B(2)(a) (as substituted by regulation 7(2)(b) of the Road Safety (Drivers) (Learner Approved Motor Cycle Scheme and Other Amendments) Regulations 2008) if the person holds a motor cycle learner permit issued before 1 July 2008.

Example

A person who holds a motor cycle learner permit issued on 1 May 2008 is entitled to drive a motor cycle that is not a learner approved motor cycle if that motor cycle has an engine capacity of no more than 260cc.".

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PART 3—LEARNER PERMITS AND PROBATIONARY LICENCES

9Amendment of proposed regulation 215

In regulation 9 of the Road Safety (Drivers) (Young Drivers) Regulations 2007[3], in proposed regulation 215(3) of the Principal Regulations omit "by a Court or the Corporation".

10Amendment of proposed regulation 215A

In regulation 9 of the Road Safety (Drivers) (Young Drivers) Regulations 2007, in proposed regulation 215A(5) of the Principal Regulations omit "by a Court or the Corporation".

11Amendment of proposed regulation 215C

In regulation 9 of the Road Safety (Drivers) (Young Drivers) Regulations 2007, in proposed regulations 215C(1) and 215C(3) of the Principal Regulations, for "section 21(2)(a)" substitute "sections 21(1)(a), 21(2)(a) and 21(6)(a)".

12Amendment of regulation 702

(1)In regulation 702(1) of the Principal Regulations, for "Regulation 201(2)(b)(i)" substitute "Subject to subregulation (1A), regulation 201(2)(b)(i)".

(2)After regulation 702(1) of the Principal Regulations insert—

"(1A)Regulation 201(2)(b)(i) (as substituted by regulation 6 of the Road Safety (Drivers) (Young Drivers) Interim Regulations 2007[4]), regulation 201(2)(b)(ia), regulation 201A, regulation 203A and regulation 205(3), do not apply to a person who holds a learner permit, or equivalent, on or after the commencement of Part 3 of the Road Safety (Drivers) (Learner Approved Motor Cycle Scheme and Other Amendments) Regulations 2008 that was issued in another State or Territory of Australia or in another country before 1 July 2007.".

(3)After regulation 702(2) of the Principal Regulations insert—

"(2A)Regulation 201(2)(b)(i), as in force immediately before 1 July 2007, applies on and after the commencement of Part 3 of the Road Safety (Drivers) (Learner Approved Motor Cycle Scheme and Other Amendments) Regulations 2008 to a person who holds a learner permit, or equivalent, issued in another State or Territory of Australia or in another country before 1 July 2007.".

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ENDNOTES

[1] Reg. 4: S.R. No. 26/1999.  Reprint No. 3 as at 1 July 2006.  Reprinted to S.R. No. 52/2006.  Subsequently amended by S.R. Nos 38/2007, 72/2007, 152/2007 and 27/2008.

[2] Reg. 7(3): S.R. No. 29/1999.  Reprint No. 3 as at 1 July 2006.  Reprinted to S.R. No. 53/2006.  Subsequently amended by S.R. Nos 176/2006, 14/2007, 39/2007, 90/2007 and 37/2008.

[3] Reg. 9: S.R. No. 152/2007.

[4] Reg. 12(2): S.R. No. 72/2007.