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ROAD TRANSPORT (DRIVER LICENSING) AMENDMENT REGULATIONS 2002 (NO 1) (NO 23 OF 2002)
2002
THE LEGISLATIVE
ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
ROAD TRANSPORT (DRIVER
LICENSING) AMENDMENT REGULATIONS 2002
SUBORDINATE LAW
SL2002-23
EXPLANATORY
STATEMENT
Circulated by authority
of
Bill Wood MLA
Minister for Urban
Services
AUSTRALIAN CAPITAL TERRITORY
ROAD TRANSPORT
(DRIVER LICENSING) AMENDMENT REGULATIONS 2002
SUBORDINATE LAW
SL2002-23
EXPLANATORY STATEMENT
Overview
The Road Transport (Driver Licensing)
Amendment Regulations 2002 amend the Road Transport (Driver Licensing)
Regulations 2000.
Section 22 of the Road Transport (Driver
Licensing) Act 1999 provides a regulation making power in relation to
provisions for suspending or cancelling a learner, probationary, provisional or
restricted licence if the person incurs the prescribed number of demerit
points.
The regulations clarify the applicability of demerit points where
there is a crossover from a provisional licence to a full licence. For example,
a person can still be suspended if they incur the relevant number of points (say
4 on a provisional licence) but have moved to a full licence (12 points) by the
time the notice of licence suspension takes effect.
The regulations also
clarify the number of applicable demerit points for different types of
provisional licence holders. In addition, there are a number of consequential
adjustments and improvements made to headings and examples to improve clarity of
the demerit point provisions.
A new note is inserted into sub-regulations 45(2) and 129(2) to clarify
the eligibility for restricted licences.
New regulation 124 clarifies the
licence suspension processes for persons incurring the relevant number of
demerit points while holding a learner or provisional licence. It also makes
provision for the demerit points that apply to ‘standard’
provisional licence holders (4) and provisional licence holders that have
completed the Road Ready Plus course or are at least 26 years of age and have
held their provisional licence for at least six months (8).
New
sub-regulation 125(3) clarifies that any driver licence held by the person can
be suspended should a notice of licence suspension take effect after the person
has moved to another licence class with a different (higher) relevant number of
demerit points.
New sub-regulation 130(1) and a new example for
sub-regulation 130(4) clarify the process for persons incurring demerit points
while holding a restricted licence.
New sub-regulations 131(5) and
132(1), and a new example for sub-regulation 133(2), clarify the process for
persons incurring demerit points while holding a probationary
licence.
Other amendments provide additional clarity to the demerit point
processes, correct minor errors, or are consequential changes.