Australian Capital Territory Numbered Regulations

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ROAD TRANSPORT (DRIVER LICENSING) REGULATIONS 2000 (2000 NO 14) - REG 52

When probationary licence must be issued (MTA s 180V (1), (1A), (3)-(4))

(1)     This regulation applies to a person if—

        (a)     the road transport authority approves an application by the person for the issue of a driver licence (other than a learner licence) of a particular class; and

        (b)     the person has been (but is no longer) disqualified (whether or not by court order) from holding or obtaining an Australian driver licence because of being convicted, or found guilty, by an Australian court of an offence against the law of any jurisdiction; and

        (c)     any of the following paragraphs apply:

              (i)     the person has not been the holder of another Australian driver licence since the end of the disqualification;

              (ii)     the person is the holder of a probationary licence issued under the law of any jurisdiction and has held the licence for less than 1 year;

              (iii)     the person has been (but is no longer) the holder of a probationary licence issued under the law of any jurisdiction since the end of the disqualification and held the licence for less than 1 year.

Note     Subregulation 68 (1) provides that periods of licence suspension or disqualification are not counted and that every other period when the person has, during the particular period, held the licence is to be counted.

(2)     However, if subparagraph (1) (c) (ii) or (iii) applies to the person, this regulation does not apply to the person if the person's probationary licence was cancelled under Division 8.4 (which is about demerit points incurred by probationary licence holders) or the corresponding law of another jurisdiction since the end of the disqualification.

(3)     If this regulation applies to the person, the road transport authority must issue a probationary licence of the class approved by the authority to the person.



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