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ROAD TRANSPORT (DRIVER LICENSING) AMENDMENT REGULATION 2012 (NO 1) (NO 16 OF 2012)
2012
THE
LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY
ROAD TRANSPORT (DRIVER LICENSING) AMENDMENT
REGULATION 2012 (No
1)
SL2012-16
EXPLANATORY
STATEMENT
Presented by
Mr Simon Corbell
Attorney-General
Overview
This Regulation is made under section 26 and section
28 (2) (i), (n) and (q) of the Road Transport (Driver Licensing) Act 1999
(the Act).
This Regulation makes a series of amendments to provisions
of the Road Transport (Driver Licensing) Regulation 2000 (the Driver
Licensing Regulation) that relate to the licensing training and testing
requirements for novice motorcycle riders.
Motorcyclists are
significantly overrepresented in road vehicle crashes. Data from all Australian
jurisdictions indicate that serious crashes involving motorcycles have increased
in recent years. Motorcyclists face a fatal crash risk approximately thirty
times higher than car occupants, and the severity of injuries faced by
motorcyclists is higher than for other road user groups. In the ACT, fifty per
cent of the fatalities (three out of six fatalities) on ACT roads and road
related areas in 2011 were motorcycle riders. An analysis of available data
shows that a significant proportion of crashes (fatal and non-fatal) involve
riders under the age of 30 years. This analysis suggests a need to improve
novice rider road safety behaviours and improve rider skills through more
rigorous licensing processes.
The ACT Auditor General recommended in 2009
that motorcycle licensing should be reviewed to introduce a component of on-road
testing. This recommendation has been reflected in the 2009-2010 and 2011-2013
ACT Road Safety Action Plan.
A review of ACT licensing training and
testing requirements for novice motorcycle riders was completed in January 2011
(the Motorcycle Review). The Motorcycle Review considered the current ACT
motorcycle rider training arrangements and those in place elsewhere and made
several recommendations to improve the safety of motorcyclists through changes
to novice rider training.
Currently, all novice motorcycle riders are
required to complete a pre-learner course before being able to apply for a
learner rider licence. However, only those who fail the provisional rider
licence test are required to complete a pre-provisional rider course, before
being re-tested for their provisional licence.
The amendments made by
this Regulation:
• make the pre-provisional rider training course
compulsory for all applicants for a provisional rider licence;
• reduce
the validity of the pre-provisional certificate of course completion from three
months to one month;
• reduce the validity of the pre-learner
certificate of course completion from three months to one month;
and
• reduce the motorcycle learner licence period from two years to
one year.
These amendments aim to enhance rider behaviour,
attitude and skills through more rigorous licensing and training processes. The
amendments also make the ACT arrangements for novice motorcycle riders more
consistent with those in New South Wales.
This Regulation also makes
minor stylistic changes to the wording of provisions dealing with car licences,
to mirror the drafting style and wording used in relation to motorcycle licence
provisions. These changes do not substantively affect the requirements in
relation to car licences.
Notes on
Clauses
Clause 1 Name of regulation
This is a formal
provision that sets out the name of the regulation.
Clause
2 Commencement
This is a formal provision that explains when the
regulation commences. The regulation will commence on a day fixed by the
Minister by written notice.
Clause 3 Legislation
amended
This provision explains that the legislation amended by these
amendments is the Road Transport (Driver Licensing) Regulation
2000.
Clause 4 Section 16 (3) (b) (ii)
This clause
amends section 16 (3), which sets out the eligibility requirements for a learner
motorcycle licence. The amendment of section 16 (3) (b) (ii), which deals with
the time a person has to apply for a learner motorcycle licence, has the effect
of reducing the validity of the certificate of course completion for the
pre-learner rider training course from three months to one month. This change
means that a person who has successfully completed the pre-learner rider
training course has one month in which to apply for a learner motorcycle
licence.
This amendment aims to reduce skill deterioration by
shortening the time between the completion of training and when the person
applies for a leaner licence. It will encourage novice riders to begin
practicing their riding skills soon after completing the pre-learner course.
The Motorcycle Review considered that the current three month validity period
may be too long, because where a rider waits three months after completing the
course before obtaining a learner motorcycle licence, the rider’s newly
acquired riding skills are no longer fresh. Unlike car learners, motorcycle
learners ride unaccompanied. It is therefore essential that they have the
necessary road-craft skills for safe riding when they apply for their learner
licence.
Clause 5 Section 18 (1)
This clause amends
section 18, which prescribes the duration of a learner licence. The amendment
reduces the duration of a motorcycle learner licence from two years to one year
(while retaining the present rule against non-renewal). Motorcycle learner
licences are distinguished from other learner licences by the insertion of
section 18 (1A), which provides that any other learner licence must be issued
for 2 years.
This amendment implements a recommendation of the
Motorcycle Review, which considered that the two year validity period for a
learner motorcycle licence may be too long and could permit poor riding habits
to develop and become entrenched. As noted above, learner motorcycle riders are
unaccompanied on their vehicles and do not have an experienced rider as a
passenger to assist them if they encounter difficulties or to correct them if
they adopt poor riding habits.
Clause 6 Section 18
(2)
This clause is a technical amendment that has the effect of
omitting ‘however’ from section 18 (2), to conform to current
drafting practice.
Clause 7 Section 26 (1) and heading
This
amendment of section 26 substitutes a new heading and a replacement section 26
(1).
The new heading deals generally with the approval of training courses.
Replacement section 26 (1) redrafts existing section 26 (1) in a more
modern drafting style and includes a new paragraph – new section 26 (1)
(c) – that refers to pre-provisional rider training courses, to enable the
road transport authority to approve courses for this purpose. The requirement
for the approval to be in writing is omitted. This matter is addressed by
section 42 (2) of the Legislation Act 2001, which requires notifiable
instruments to be in writing. Section 26 (2) of the Driver Licensing Regulation
provides that the approval of a course is a notifiable
instrument.
Clause 8 Section 27 (1), note
This amendment
substitutes three new notes to replace the existing note for section 27 (1). The
first note explains the eligibility requirements for a motorcycle licence. Note
2 explains the eligibility requirements for a car licence. Note 3 explains the
eligibility requirements for a higher class of licence. These eligibility
criteria for applying for a licence are not the only conditions that the person
must meet to obtain a motorcycle licence. There may be other tests, criteria
and conditions to be satisfied under section 78 of the Driver Licensing
Regulation.
Clause 9 Section 28 (2) (a) and (b)
This
clause amends section 28 (2) (a), which sets out the eligibility requirements
for a motorcycle licence. The amendment of section 28 (2) (a) (ii) makes the
successful completion of an approved pre-provisional rider training course
within the previous 1 month period a mandatory requirement when a person applies
for a provisional motorcycle licence. The course must be completed before a
rider attempts the provisional motorcycle licence assessment.
This
amendment also has the effect of reducing the validity of the certificate of
course completion for the pre-provisional rider training course from 3 months to
1 month. This change means that a person who has successfully completed the
pre-provisional rider training course has one month in which to apply for a
provisional motorcycle licence, in line with the changes to section 16 made by
clause 4.
The pre-provisional rider training course is a course that
consists of a review and practice of physical riding skills, road-craft
discussion and an observed road-craft ride. It has a greater emphasis on
attitudinal, behavioural and self development strategies than the pre-learner
course. The pre-provisional rider training course includes on and off road
demonstrations, practice opportunities and self assessment. Making completion
of the course compulsory will increase the total number of hours dedicated to
practical training and change the way the training is delivered over different
stages of the motorcycle licensing process (learner and provisional). The
amendments will align the ACT motorcycle off-road skills test (MOST) with the
New South Wales test.
These changes implement recommendations of the ACT
Auditor General in 2009 and the Motorcycle Review in 2011. The Motorcycle
Review noted that compulsory pre-provisional training allows novice riders to
witness road-craft principles and techniques in action on the road rather than
the present classroom presentations and off-road simulation exercises provided
through the pre-learner course.
Note 1 to new section 28 (2) (a) is
inserted to draw attention to the eligibility requirements for a motorcycle
licence set out in other parts of the Regulation.
Note 2 refers readers
to the definition of approved pre-provisional rider training course in
section 26 (1) (c).
New section 28 (2) (b) redrafts, in a more modern
drafting style, the provision relating to eligibility criteria for car licences.
A new note follows that paragraph to refer readers to the eligibility
requirements set out in other parts of the Regulation. This ensures that
readers are made aware of all the requirements that apply to a car licence.
Clause 10 Section 28 (2) (h), note 1
This clause is a
consequential amendment to the changes made to section 26 (1) by clause 7. The
amendment to note 1 corresponds with the renumbering of provisions in section 26
(1).
Clause 11 Section 29
This clause amends section 29
(1) to clarify the application of the provision. The amended wording makes it
clear that section 29 (1) relates specifically to full motorcycle licences and
not motorcycle licences generally, as the current wording suggests.
Clause 12 Section 30
This clause is similar in purpose and
effect to the amendment in clause 11. It amends
section 30 (1), which deals
with the provisional licence requirement for the issue of a car licence, to
clarify the application of that provision. The amended wording makes it clear
that section 30 (1) relates specifically to applications for full car licences
or driver licences of a higher class, and not to car licences generally as the
current wording suggests.
Clause 13 Section 39 (1),
note
This clause substitutes the note in section 39 (1) to alert
readers to the eligibility requirements set out in other parts of the
Regulation. This ensures that readers of the legislation are made aware of all
the requirements that apply to a full licence.
Clause
14 Section 67 (1) (b) to (d)
This clause is a technical amendment to
the wording of section 67 (1) (b) as a consequence of the amendments in clauses
11 and 12. This amendment aligns section 67 (1) (b) to (d) to reflect the new
wording of sections 29 and 30.
Clause 15 Dictionary, definitions of
approved heavy vehicle driver training course
and approved
pre-learner rider training course
This clause is a consequential
amendment that replaces the definitions in the dictionary of approved heavy
vehicle driver training course and approved pre-learner rider training
course to reflect the amendments made to section 26 (1) by clause 7, and
inserts a new definition of approved pre-provisional rider training
course.
Clause 16 Dictionary, definition of approved road
ready training course
This clause makes a consequential amendment
to the definition of approved road ready training course in the
dictionary to reflect the amendments made to section 26 (1) by
clause 7.