Road Safety (Drivers) (Young Drivers) Regulations 2007

Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objective 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 2 PART 2—DRIVER LICENCE ELIGIBILITY REQUIREMENTS AND VEHICLE POWER RESTRICTIONS 3 5 Interim amendments to continue in force 3 6 Eligibility requirements for licence or permit applications 3 PART 3—REQUIREMENTS FOR HOLDERS OF PROBATIONARY DRIVER LICENCES 4 7 Definitions 4 8 New regulation 211C inserted 5 211C Towing of vehicles by P1 probationary driver licence holders 5 9 New regulation 215 substituted and new regulations 215A, 215B, 215C, 215D and 215E inserted 6 215 P1 probationary driver licence 6 215A P2 probationary driver licence 7 215B Transition from P1 probationary driver licence to P2 probationary driver licence 10 215C Extension of probationary driver licence 11 215D Variation of P2 probationary driver licence to P1 probationary driver licence 13 215E Variation of full driver licence to P2 probationary driver licence 14 10 Regulation 219 amended 15 i -- 1 of 19 -- Regulation Page 11 Fee for 4 year licence 15 12 Transitional provisions 16 ═══════════════ ENDNOTES 17 ii -- 2 of 19 -- STATUTORY RULES 2007 S.R. No. 152/2007 Road Safety Act 1986 Road Safety (Drivers) (Young Drivers) Regulations 2007 The Governor in Council makes the following Regulations: Dated: 18 December 2007 Responsible Minister: TIM PALLAS Minister for Roads and Ports MELISSA VAN ROSSUM Acting Clerk of the Executive Council PART 1—PRELIMINARY 1 Objective The objective of these Regulations is to— (a) amend the Road Safety (Drivers) (Young Drivers) Interim Regulations 2007 to continue in operation interim amendments to the Road Safety (Drivers) Regulations 1999 that prescribed— (i) eligibility requirements for driver licence applicants; (ii) high powered motor vehicle restrictions; (iii) demerit points for drug offences under section 49(1) of the Road Safety Act 1986; 1 -- 3 of 19 -- Part 1—Preliminary Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 r. 2 (b) amend the Road Safety (Drivers) Regulations 1999 to prescribe— (i) different classes of probationary driver licences and the circumstances in which each class of licence may be granted; (ii) the period of probation in relation to each class of probationary driver licence; (iii) the requirements that must be satisfied before the holder of a P1 probationary driver licence may be granted a licence of another class. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3 Commencement (1) These Regulations (except Part 3) come into operation on the day on which they are made. (2) Part 3 comes into operation on 1 July 2008. 4 Principal Regulations In these Regulations, the Road Safety (Drivers) Regulations 19991 are called the Principal Regulations. __________________ 2 -- 4 of 19 -- Part 2—Driver Licence Eligibility Requirements and Vehicle Power Restrictions Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 r. 5 PART 2—DRIVER LICENCE ELIGIBILITY REQUIREMENTS AND VEHICLE POWER RESTRICTIONS 5 Interim amendments to continue in force Part 3 of the Road Safety (Drivers) (Young Drivers) Interim Regulations 20072 is revoked. 6 Eligibility requirements for licence or permit applications (1) In regulation 201(2) of the Principal Regulations, for "section 19(2)(c)" substitute "section 19(2)(b)". (2) In regulation 201A(1) of the Principal Regulations— (a) for "section 19(2)(c)" substitute "section 19(2)(b)"; (b) for "120 hours of driving" substitute "120 hours of supervised driving on roads". (3) After regulation 201A(1) of the Principal Regulations insert— "Note Road is defined in section 3 of the Act.". __________________ 3 -- 5 of 19 -- Part 3—Requirements for Holders of Probationary Driver Licences Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 r. 7 PART 3—REQUIREMENTS FOR HOLDERS OF PROBATIONARY DRIVER LICENCES 7 Definitions In regulation 104 of the Principal Regulations— (a) insert the following definitions— "P1 probationary driver licence means a probationary driver licence granted by the Corporation in accordance with regulation 215 or a licence as varied under regulation 215D; Note Probationary driver licence is defined in section 3 of the Act. P1 probationary period means the period during which a person holds a P1 probationary driver licence; P2 probationary driver licence means a probationary driver licence granted by the Corporation in accordance with regulation 215A or a licence as varied under regulation 215E; Note Probationary driver licence is defined in section 3 of the Act. P2 probationary period means the period during which a person holds a P2 probationary driver licence;"; 4 -- 6 of 19 -- Part 3—Requirements for Holders of Probationary Driver Licences Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 r. 8 (b) for the definition of P plate substitute— "P plate means— (a) in relation to the holder of a P1 probationary driver licence, a plate measuring approximately 150 millimetres by 150 millimetres that has a white letter "P" clearly marked on a red background; (b) in relation to the holder of a P2 probationary driver licence, a plate measuring approximately 150 millimetres by 150 millimetres that has a white letter "P" clearly marked on a green background; (c) in relation to the holder of a provisional or probationary driver licence issued under a corresponding law of another jurisdiction which requires the holder of that licence to display a "P" plate while driving a motor vehicle, a "P" plate that complies with the relevant requirements of that corresponding law;". 8 New regulation 211C inserted After regulation 211B of the Principal Regulations insert— "211C Towing of vehicles by P1 probationary driver licence holders The holder of a P1 probationary driver licence must not drive a motor vehicle (other than a tractor) which is towing another motor vehicle or a trailer unless— 5 -- 7 of 19 -- Part 3—Requirements for Holders of Probationary Driver Licences Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 r. 9 (a) the P1 probationary driver licence holder is driving the motor vehicle in the course of his or her employment and at the request of his or her employer; or (b) an experienced driver is sitting beside the P1 probationary driver licence holder and a driver under instruction plate is affixed to, and facing out from, the front and rear of the vehicle. Penalty: 2 penalty units.". 9 New regulation 215 substituted and new regulations 215A, 215B, 215C, 215D and 215E inserted For regulation 215 of the Principal Regulations substitute— "215 P1 probationary driver licence (1) Subject to subregulation (2) and regulation 215A(2), if the Corporation grants a driver licence to an applicant who— (a) is less than 21 years of age; and (b) has not previously held a driver licence— the driver licence must be granted as a P1 probationary driver licence for the period that expires 1 year after the date of the granting of the licence (subject to extension under regulation 215C). (2) If the Corporation grants a driver licence to an applicant who— (a) is less than 21 years of age; and (b) has not previously held a driver licence; and 6 -- 8 of 19 -- Part 3—Requirements for Holders of Probationary Driver Licences Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 r. 9 (c) holds a provisional or probationary driver licence issued in another State or Territory or another country; and (d) has held that provisional or probationary licence for a period of less than 1 year— the driver licence must be granted as a P1 probationary driver licence for the period that expires 1 year after the date of the issue of the licence in the other State, Territory or country (subject to extension under regulation 215C). (3) If a person's P1 probationary driver licence is cancelled by a Court or the Corporation, any driver licence subsequently granted to that person must be granted as a P1 probationary driver licence for the period that expires 1 year after the date of the granting of the licence (subject to extension under regulation 215C). 215A P2 probationary driver licence (1) Subject to subregulations (3) and (4), if the Corporation grants a driver licence to an applicant who— (a) is aged 21 years or more; and (b) has not previously held a full driver licence— the driver licence must be granted as a P2 probationary driver licence for the period which expires 3 years after the date of the granting of the licence (subject to extension under regulation 215C). 7 -- 9 of 19 -- Part 3—Requirements for Holders of Probationary Driver Licences Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 r. 9 (2) If the Corporation grants a driver licence to an applicant who— (a) is less than 21 years of age; and (b) has not previously held a driver licence; and (c) holds a provisional or probationary driver licence issued in another State or Territory or another country; and (d) has held that provisional or probationary licence for a period of more than 1 year but less than 4 years— the driver licence must be granted as a P2 probationary driver licence for the period determined by the following formula (subject to extension under regulation 215C)— P2 probationary period = 4 years – IS where— IS is the period during which the applicant has held a driver licence issued in another State, Territory or country. Example A person has held a probationary driver licence issued in another State for 3 years. The P2 probationary period calculated using the formula is— 4 years – 3 years = 1 year. (3) If the Corporation grants a driver licence to an applicant who— (a) is aged 21 years or more; and (b) has not previously held a driver licence; and 8 -- 10 of 19 -- Part 3—Requirements for Holders of Probationary Driver Licences Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 r. 9 (c) holds a provisional or probationary driver licence issued in another State or Territory or another country; and (d) has held that provisional or probationary licence for a period of less than 3 years— the driver licence must be granted as a P2 probationary driver licence for the period determined by the following formula (subject to extension under regulation 215C)— P2 probationary period = 3 years – IS where— IS is the period during which the applicant has held a driver licence issued in another State, Territory or country. Example A person has held a probationary driver licence issued in another State for 1 year. The P2 probationary period calculated using the formula is— 3 years – 1 year = 2 years. (4) If the Corporation grants a driver licence to an applicant who— (a) is aged 21 years or more; and (b) has not previously held a driver licence; and (c) holds a provisional or probationary driver licence issued in another State or Territory or another country; and (d) has held that provisional or probationary licence for a period of 3 years or more— the driver licence must be granted as a full driver licence. 9 -- 11 of 19 -- Part 3—Requirements for Holders of Probationary Driver Licences Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 r. 9 (5) If a person's P2 probationary driver licence is cancelled by a Court or the Corporation, any driver licence subsequently granted to that person must be granted as a P2 probationary driver licence. (6) A driver licence issued in accordance with subregulation (5) must have a P2 probationary period which is same as the P2 probationary period of the cancelled licence (subject to extension under regulation 215C). Example A person's P2 probationary driver licence is cancelled by a court after 1 year. The P2 probationary period of the cancelled licence was 3 years. The Corporation subsequently grants a driver licence to the person. The P2 probationary period of that driver licence is 3 years, but may subsequently be extended by operation of regulation 215C. 215B Transition from P1 probationary driver licence to P2 probationary driver licence (1) The Corporation may grant a P2 probationary driver licence to the holder of a P1 probationary driver licence for the period that expires 3 years after the date of the granting of the licence (subject to extension under regulation 215C). (2) A P2 probationary driver licence granted under subregulation (1) must be granted on a day which is the later of— (a) if the Corporation requires the holder of a P1 probationary driver licence to pass any appropriate test or to comply with any other procedures or requirements before granting that person a P2 probationary driver licence, the day on which the person passes that test or 10 -- 12 of 19 -- Part 3—Requirements for Holders of Probationary Driver Licences Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 r. 9 complies with those procedures or requirements; or (b) if not, the day after the day on which the P1 probationary period, as extended by regulation 215C (as applicable), expires. (3) If the Corporation requires the holder of a P1 probationary driver licence to pass any appropriate test or to comply with any other procedures or requirements before granting that person a P2 probationary driver licence and the person does not pass that test or comply with those procedures or requirements, the person's driver licence remains a P1 probationary driver licence until that person passes that test or complies with those procedures or requirements (as the case requires). 215C Extension of probationary driver licence (1) For the purpose of section 21(2)(a) of the Act and subject to subregulation (3), the Corporation must extend the P1 probationary period or P2 probationary period of a probationary driver licence for the period set out in subregulation (2) if— (a) the probationary driver licence is suspended; or (b) the holder of the probationary driver licence is convicted or found guilty of an offence under section 49(1) of the Act and the licence is not cancelled or suspended for that offence. 11 -- 13 of 19 -- Part 3—Requirements for Holders of Probationary Driver Licences Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 r. 9 (2) For the purpose of subregulation (1), the period for which the P1 probationary period or the P2 probationary period of the person's licence is extended is calculated using the formula— period of extension = S + 6 months where— S is the duration of the period of suspension (if any). Examples 1 A person who holds a P1 probationary driver licence commits a traffic related offence. The person's licence is suspended for 1 month by the Court. As a result, the P1 probationary period is extended by 7 months. 2 A person who holds a P1 probationary driver licence commits an offence against section 49(1) of the Act. The person's licence is not suspended or cancelled. As a result, the P1 probationary period is extended by 6 months. (3) For the purpose of section 21(2)(a) of the Act, if a person's P1 probationary driver licence or P2 probationary driver licence is suspended under— (a) section 24(1A) or 51 of the Act; or (b) regulation 303(1)— the Corporation must extend the P1 probationary period or P2 probationary period of that probationary driver licence for the period of the suspension of the licence. 12 -- 14 of 19 -- Part 3—Requirements for Holders of Probationary Driver Licences Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 r. 9 r. 9 215D Variation of P2 probationary driver licence to P1 probationary driver licence (1) If— (a) a person commits an offence while he or she held a P1 probationary driver licence; and (b) he or she holds a P2 probationary driver licence at the time that his or her licence is suspended for that offence— the Corporation must vary the driver licence held by that person to a P1 probationary driver licence for the period that expires 6 months after the date of the variation of that licence (subject to extension under regulation 215C). (2) If— (a) a person commits an offence under section 49(1) of the Act while he or she held a P1 probationary driver licence; and (b) he or she holds a P2 probationary driver licence at the time that he or she is convicted or found guilty of that offence; and (c) his or her licence is not cancelled or suspended for that offence— the Corporation must vary the driver licence held by that person to a P1 probationary driver licence for the period that expires 6 months after the date of the variation of that licence (subject to extension under regulation 215C). (3) A reference in subregulation (1) to a licence that is suspended does not include a licence suspended under section 51 of the Act. 13 -- 15 of 19 -- Part 3—Requirements for Holders of Probationary Driver Licences Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 r. 9 215E Variation of full driver licence to P2 probationary driver licence (1) If— (a) a person commits an offence while he or she held a P2 probationary driver licence; and (b) he or she holds a full driver licence at the time that his or her licence is suspended for that offence— the Corporation must vary the driver licence held by that person to a P2 probationary driver licence for the period that expires 6 months after the date of the variation of that licence (subject to extension under regulation 215C). (2) If— (a) a person commits an offence under section 49(1) of the Act while he or she held a P2 probationary driver licence; and (b) he or she holds a full driver licence at the time that he or she is convicted or found guilty of that offence; and (c) his or her licence is not cancelled or suspended for that offence— the Corporation must vary the driver licence held by that person to a P2 probationary driver licence for the period that expires 6 months after the date of the variation of that licence (subject to extension under regulation 215C). (3) A reference in subregulation (1) to a licence that is suspended does not include a licence suspended under section 51 of the Act. 14 -- 16 of 19 -- Part 3—Requirements for Holders of Probationary Driver Licences Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 r. 10 10 Regulation 219 amended (1) For regulation 219(1) substitute— "(1) If a P1 probationary driver licence is cancelled or suspended as the result of an offence committed by the licence holder during the probationary period of the licence and— (a) the suspension period has ended; or (b) the person has been issued with a further P1 probationary driver licence— the Corporation must impose on that licence a condition that the licence holder must not drive a motor vehicle while carrying more than one other person for the remainder of the P1 probationary period of the licence. (1A) A reference in subregulation (1) to a licence that is suspended does not include a licence suspended under section 51 of the Act.". (2) In regulation 219(2) before "probationary licence" insert "P1". 11 Fee for 4 year licence In Schedule 2 to the Principal Regulations, after item 2 insert the following new item— "2A. Grant or renewal of driver licence—for 4 years 203(1), 210 5⋅32 fee units". 15 -- 17 of 19 -- Part 3—Requirements for Holders of Probationary Driver Licences Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 r. 12 12 Transitional provisions (1) For regulation 702(3) of the Principal Regulations substitute— "(3) Regulations 211A and 211B do not apply to— (a) the holder of a probationary licence that was granted before 1 July 2007; (b) the holder of a probationary licence that was granted on or after 1 July 2007 if the holder previously held a probationary driver licence that was cancelled.". (2) After regulation 702(5) of the Principal Regulations insert— (6) Regulation 215 as substituted by regulation 9 of the Road Safety (Drivers) (Young Drivers) Regulations 2007, and regulations 215A, 215B, 215C, 215D and 215E as inserted by that regulation, apply to driver licences granted by the Corporation on or after 1 July 2008. (7) Regulation 215 as in force immediately before 1 July 2008 continues to apply to driver licences granted by the Corporation before that date. (8) A person to whom a probationary driver licence was granted by the Corporation before 1 July 2008 must, on or after 1 July 2008, comply with regulation 217 for the remainder of the probationary period of his or her licence as if he or she held a P2 probationary driver licence.". ═══════════════ 16 -- 18 of 19 -- Road Safety (Drivers) (Young Drivers) Regulations 2007 S.R. No. 152/2007 Endnotes 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 and 72/2007. 2 Reg. 5: S.R. No. 72/2007. 17 -- 19 of 19 --