Australian Capital Territory Numbered Regulations

ROAD TRANSPORT LEGISLATION REGULATIONS AMENDMENT (2000 NO 32) - REG 7

    Regulations 36 and 37 are repealed and the following regulations substituted:

“ 36      Provisional motorcycle licence restrictions—ACT licences
(NSW cl 15 (4), MTA s 7B (22) (a), s 191 (3) (d), (4))

Note      This regulation applies to provisional licences issued on or after 1 August 2000. See Division 10.5 for the restrictions on licences issued before this date.

“ (1)       This regulation applies to a person who is the holder of a provisional motorcycle licence issued by the road transport authority.

Note     The definition of provisional licence in the dictionary includes a class of driver licence held as an additional provisional class.

“ (2)       The provisional motorcycle licence is subject to the condition that the person must not ride a motorbike unless a P-plate is conspicuously displayed, the correct way up, at the rear of the motorbike, and is clearly visible from behind the motorbike.

Note 1     A condition applies while the person is riding on a road or road related area in the ACT or another jurisdiction (see reg 61).

Note 2     It is an offence for the holder of a driver licence to contravene, without reasonable excuse, a condition to which the licence is subject (see reg 60).

“ (3)       However, subregulation (2) does not apply, or ceases to apply, to the person if—

        (a)     the person has held a provisional motorcycle licence for at least 6 months; and

        (b)     the person has, at any time, successfully completed an approved provisional driver training course; and

        (c)     the person has provided evidence to the road transport authority, in a form acceptable to the authority, that the person has successfully completed the course.

Note 1     Under subregulation 68 (1) periods of licence suspension or disqualification are not counted and every other period when the person has, at any time, held a provisional motorcycle licence is counted.

Note 2     Under subregulation 68 (2) any period when the person has, at any time, held a probationary motorcycle licence is also counted.

“ (4)       The provisional motorcycle licence is also subject to the condition that the person must not ride a motorbike that—

        (a)     has a power-to-weight ratio over 150kW/t; or

        (b)     is carrying a pillion passenger.

“ (5)       However, subregulation (4) does not apply, or ceases to apply, if the person has held a provisional motorcycle licence for at least 1 year.

“ 36A      Provisional motorcycle licences—towing restrictions
(NSW cl 15 (6), MTA s 7B (22) (b))

“ (1)       This regulation applies to a person who is the holder of a provisional motorcycle licence (including a licence issued under a corresponding law).

“ (2)       The person must not ride a motorbike on a road or road related area (in the ACT) if the motorbike is towing another vehicle (including a trailer).

Maximum penalty: 20 penalty units.

“ (3)       However, subregulation (2) does not apply, or ceases to apply, to the person if the person has held a provisional motorcycle licence for at least
1 year.

Note 1     Under subregulation 68 (1) periods of licence suspension or disqualification are not counted and every other period when the person has, at any time, held a provisional motorcycle licence is counted.

Note 2     Under subregulation 68 (2) any period when the person has, at any time, held a probationary motorcycle licence is also counted.

Note 3     It is an offence against the Road Transport (Alcohol and Drugs) Act 1977 for the holder of a provisional licence to drive with a blood alcohol concentration of
0.02g/100mL or more (see s 19 of that Act and the definitions of special driver (s 4B of that Act) and prescribed concentration (in the dictionary to that Act)).

“ 37      Provisional licence restrictions for cars etc—ACT licences
(NSW cl 15 (4), MTA s 7B (21) (a))

Note      This regulation applies to provisional licences issued on or after 1 August 2000. See Division 10.5 for the restrictions on licences issued before this date.

“ (1)       This regulation applies to a person who is the holder of a provisional licence (other than a provisional motorcycle licence) issued by the road transport authority.

Note     The definition of provisional licence in the dictionary includes a class of driver licence held as an additional provisional class.

“ (2)       The provisional licence is subject to the condition that the person must not drive a motor vehicle (other than a motorbike) unless P-plates are conspicuously displayed, the correct way up, at the front and rear of the motor vehicle or on its roof, and are clearly visible from ahead of and behind the vehicle.

Note 1     The condition applies while the person is driving on a road or road related area in the ACT or another jurisdiction (see reg 61).

Note 2     It is an offence for the holder of a driver licence to contravene, without reasonable excuse, a condition to which the licence is subject (see reg 60).

“ (3)       However, subregulation (2) does not apply, or ceases to apply, to the person if—

        (a)     the person has held a provisional licence (other than a provisional motorcycle licence) for at least 6 months; and

        (b)     the person has, at any time, successfully completed an approved provisional driver training course; and

        (c)     the person has provided evidence to the road transport authority, in a form acceptable to the authority, that the person has successfully completed the course.

Note 1     Under subregulation 68 (1) periods of licence suspension or disqualification are not counted and every other period when the person has, at any time, held a provisional car licence or licence of a higher class is counted.

Note 2     Under subregulation 68 (2) any period when the person has, at any time, held a probationary car licence or licence of a higher class is also counted.

“ 37A      Provisional car licences—towing restrictions
(NSW cl 15 (6), MTA s 7B (21) (b))

“ (1)       This regulation applies to a person who is the holder of a provisional car licence (including a licence issued under a corresponding law).

“ (2)       The person must not drive a motor vehicle (of a kind that may be driven by the holder of a car licence) on a road or road related area (in the ACT) if the vehicle is towing—

        (a)     a vehicle other than a trailer; or

        (b)     a trailer with a GVM over 750kg.

Maximum penalty: 20 penalty units.

“ (3)       However, subregulation (2) does not apply, or ceases to apply, to the person if the person has held a provisional car licence, or a provisional licence of a higher class, for at least 1 year.

Note 1     Under subregulation 68 (1) periods of licence suspension or disqualification are not counted and every other period when the person has, at any time, held a provisional motorcycle licence is counted.

Note 2     Under subregulation 68 (2) any period when the person has, at any time, held a probationary motorcycle licence is also counted.

Note 3     It is an offence against the Road Transport (Alcohol and Drugs) Act 1977 for the holder of a provisional licence to drive with a blood alcohol concentration of
0.02g/100mL or more (see s 19 of that Act and the definitions of special driver (s 4B of that Act) and prescribed concentration (in the dictionary to that Act)).”.