Road Safety (Drivers) Amendment (Variation of Driver Licence and Learner Permit) Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Road Safety (Drivers) Amendment (Variation of Driver Licence and Learner Permit) Regulations 2014 S.R. No. 27/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 1 5 Issue of document upon grant, variation or renewal of driver licence or learner permit 2 6 Variation, suspension or cancellation of driver licence or learner permit on the ground that person is unfit to drive or that is dangerous for person to drive 2 7 Other grounds for variation, suspension or cancellation of driver licence or learner permit 2 8 Procedure for variation, suspension or cancellation of driver licence or learner permit 2 9 New regulation 80A inserted 3 80A Variation of driver licence or learner permit 3 10 Definitions for Part 4 4 11 Amendment to Schedule 5—General Fees 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 27/2014 Road Safety Act 1986 Road Safety (Drivers) Amendment (Variation of Driver Licence and Learner Permit) Regulations 2014 The Governor in Council makes the following Regulations: Dated: 6 May 2014 Responsible Minister: TERRY MULDER Minister for Roads YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Road Safety (Drivers) Regulations 2009 in relation to the variation of driver licences and learner permits. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3 Commencement These Regulations come into operation on 6 May 2014. 4 Principal Regulations In these Regulations, the Road Safety (Drivers) Regulations 2009 1 are called the Principal Regulations. -- 2 of 6 -- S.R. No. 27/2014 Road Safety (Drivers) Amendment (Variation of Driver Licence and Learner Permit) Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 5 Issue of document upon grant, variation or renewal of driver licence or learner permit (1) In the heading to regulation 62 of the Principal Regulations omit "grant or renewal of". (2) In regulation 62(1) of the Principal Regulations omit "to grant or renew a". (3) In regulation 62(2)(b) of the Principal Regulations, for "the grant" substitute "the variation, grant". (4) In regulation 62(3) of the Principal Regulations omit "renew a". 6 Variation, suspension or cancellation of driver licence or learner permit on the ground that person is unfit to drive or that is dangerous for person to drive (1) In regulation 78(1) of the Principal Regulations omit "suspend or cancel a person's" (where secondly occurring). (2) In regulation 78(2) of the Principal Regulations omit "suspend or cancel a person's" (where secondly occurring). (3) In regulation 78(3) of the Principal Regulations omit "suspend a person's". 7 Other grounds for variation, suspension or cancellation of driver licence or learner permit In regulation 79(1) of the Principal Regulations omit "suspend or cancel a person's" (where secondly occurring). 8 Procedure for variation, suspension or cancellation of driver licence or learner permit (1) In the heading to regulation 80 of the Principal Regulations omit "suspension or cancellation of" (where secondly occurring). r. 5 -- 3 of 6 -- S.R. No. 27/2014 Road Safety (Drivers) Amendment (Variation of Driver Licence and Learner Permit) Regulations 2014 3 Authorised by the Chief Parliamentary Counsel (2) In regulation 80(1) of the Principal Regulations— (a) after "subregulation (2)" insert "and regulation 80A"; and (b) for paragraph (a) substitute— "(a) decides to vary the licence or permit by imposing a new condition on it, other than if the Corporation decides to vary the licence or permit on any of the grounds under regulation 78(2); or". 9 New regulation 80A inserted After regulation 80 of the Principal Regulations insert— "80A Variation of driver licence or learner permit (1) If the Corporation varies a driver licence or learner permit on any of the grounds under regulation 78(2), the Corporation must give written notice to the holder of the driver licence or learner permit stating the details of the variation of the licence or permit including— (a) the reasons for the variation of the licence or permit; and (b) that the notice takes effect immediately upon service of the notice or on a later date specified in the notice; and (c) the conditions, if any, to which the licence or permit is subject; and (d) any actions that the holder of the licence or permit must take to comply with any conditions imposed on the licence or permit; and r. 9 -- 4 of 6 -- S.R. No. 27/2014 Road Safety (Drivers) Amendment (Variation of Driver Licence and Learner Permit) Regulations 2014 4 Authorised by the Chief Parliamentary Counsel (e) that the person has a right under Part 4 to apply within 28 days after receiving the notice to have the decision reviewed. (2) A notice of variation of a driver licence or learner permit that is served on the holder of the licence or permit under this regulation takes effect immediately upon service of the notice or on a later date specified in the notice.". 10 Definitions for Part 4 In regulation 82 of the Principal Regulations in paragraph (c) of the definition of relevant decision omit "to suspend or cancel a person's". 11 Amendment to Schedule 5—General Fees In item 12 of Schedule 5 to the Principal Regulations, in the column headed "Description of fee"— (a) after "driver licence" insert "or learner permit"; and (b) after "the licence" insert "or permit"; and (c) after "restrictive licence" insert "or permit". ═══════════════ r. 10 -- 5 of 6 -- S.R. No. 27/2014 Road Safety (Drivers) Amendment (Variation of Driver Licence and Learner Permit) Regulations 2014 5 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 95/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 86/2013. Subsequently amended by S.R. Nos 28/2010, 59/2013, 135/2013, 150/2013, 153/2013, 174/2013 and 175/2013. Endnotes -- 6 of 6 --