Australian Capital Territory Numbered Regulations

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ROAD TRANSPORT LEGISLATION AMENDMENT REGULATION 2010 (NO 3) (NO 28 OF 2010) - REG 18

Section 108

substitute

108     Display of certificate of accreditation—driving instructor

    (1)     If a driving instructor is using a motor vehicle for driver instruction or assessment, the instructor must display the instructor's certificate of accreditation—

        (a)     so that the information on the photo-side of the certificate can reasonably be read by a person in the driver's seat of the vehicle; or

        (b)     in accordance with any guidelines made under this section; or

        (c)     in accordance with an approval given under this section.

Maximum penalty: 5 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     The road transport authority may make guidelines about the display of certificates of accreditation.

    (4)     A guideline is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

    (5)     On application by a driving instructor, the road transport authority may, in writing, approve a way in which the driving instructor may display the instructor's certificate of accreditation.

108A     Display of certificate of accreditation—heavy vehicle driver assessor

    (1)     A heavy vehicle driver assessor commits an offence if the assessor—

        (a)     uses a motor vehicle that is owned by the assessor or the assessor's employer for driver assessment; and

        (b)     does not display the assessor's certificate of accreditation—

              (i)     so that the information on the photo-side of the certificate can reasonably be read by a person in the driver's seat of the vehicle; or

              (ii)     in accordance with an approval under this section.

Maximum penalty: 5 penalty units.

    (2)     On application by a heavy vehicle driver assessor, the road transport authority may, in writing, approve a way in which the heavy vehicle driver assessor may display the assessor's certificate of accreditation.

    (3)     A heavy vehicle driver assessor commits an offence if the assessor—

        (a)     uses a motor vehicle that is not owned by the assessor or the assessor's employer for driver assessment; and

        (b)     fails to show, before beginning assessment, the assessor's certificate of accreditation to the person being assessed.

Maximum penalty: 5 penalty units.

    (4)     For subsection (3), the assessor must show the assessor's certificate of accreditation so that the information on the photo-side of the certificate can reasonably be read by the person to whom it is shown.

    (5)     An offence against this section is a strict liability offence.

108B     Production of certificate of accreditation

    (1)     If an examiner is using a motor vehicle for driver instruction or assessment, the examiner commits an offence if the examiner fails to produce the examiner's certificate of accreditation for inspection when required to do so by a police officer or authorised person.

Maximum penalty: 5 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     In this section:

"examiner" means a driving instructor or a heavy vehicle driver assessor.



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