(1) This regulation applies to a person who applies to the road transport authority for the variation of a driver licence to include an additional class, or the renewal of a driver licence with an additional provisional class, if the person has incurred demerit points within the previous 3 years.
(2) If the person has not at any time held an Australian driver licence of the additional class and regulation 34 (When additional class to be included as provisional class) requires the road transport authority to include the additional class in the licence as an additional provisional class, the authority may approve the application and vary the licence despite the demerit points that the person has incurred in the previous 3 years.
(3) If the person is the holder of an
Australian driver licence that includes the additional class as an additional
provisional class, or has at any time held an Australian driver licence of
that class, the road transport authority may approve the application and issue
to the person a driver licence that includes the additional provisional class,
or renew the licence, despite the demerit points that the person has incurred
in the previous
3 years.
(4) However, if the road
transport authority issues a driver licence that includes the additional
provisional class to the person under
subregulation (3), or renews the
person's driver licence that includes an additional provisional class under
the subregulation, and the person has incurred 4 or more demerit points since
the person was issued with the driver licence with the additional provisional
class, the authority must serve a notice of licence suspension on the person
under regulation 128 (Notice of suspension of additional provisional class).
(5) In this regulation—