Motor Car (Dirver's Licences) Amendment Regulations 2007
MOTOR CAR (DRIVER’S LICENCES) AMENDMENT
REGULATIONS 2007
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BR 47 / 2007
MOTOR CAR ACT 1951
1951 : 89
MOTOR CAR (DRIVER'S LICENCES) AMENDMENT
REGULATIONS 2007
The Minister responsible for Transport, in exercise of the powers
conferred by sections 76A, 96, 102 and 103 of the Motor Car Act 1951,
makes the following regulations:
Short title
1 These Regulations, which amend the Motor Car (Driver’s
Licences) Regulations 1952 (the “principal Regulations”), may be cited as
the Motor Car (Driver’s Licences) Amendment Regulations 2007.
Amends regulation 2
2 (1) The definition “driver’s licence” in regulation 2 of the
principal Regulations is amended by replacing the words “section 73” by
the words “section 76 or section 76A”.
(2) The definition “learner’s permit” in regulation 2 of the
principal Regulations is amended by replacing the words “section 76” by
the words “section 79”.
Amends regulation 5
3 Regulation 5 of the principal Regulations is amended by
replacing the word “Schedule” by the words “Schedule 1”.
Amends regulation 7
4 Regulation 7(1)(b)of the principal Regulations is amended by
replacing the word “Schedule” by the words “Schedule 1”.
MOTOR CAR (DRIVER’S LICENCES) AMENDMENT
REGULATIONS 2007
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Inserts new regulation 7(3)
5 The principal Regulations are amended by inserting the following
regulation next after regulation 7(2) —
“(3) Sub-regulation (1) does not apply in the case of a
person who undergoes only the test referred to in paragraph (i) of
Schedule 1 for the purposes of applying for a provisional driver’s
licence under section 76A of the Motor Car Act 1951.”.
Amends regulation 8
6 Regulation 8(1)of the principal Regulations is amended by
replacing the word “Schedule” by the words “Schedule 1”.
Amends regulation 9
7 (1) Regulation 9(2)(c) of the principal Regulations is amended
by replacing the word “Schedule” by the words “Schedule 1”.
(2) Regulation 9(5) of the principal Regulations is amended by
replacing the words “section 72” by the words “section 74”.
Amends regulation 11
8 (1) The portion of Regulation 11 of the principal Regulations
before paragraph (a) is amended by —
(a) inserting after the words “driver’s licence” the words “,
other than a provisional driver’s licence under section
76A of the Motor Car Act 1951,”; and
(b) replacing the words “section 82” by the words “section
86”.
(2) Paragraph (e) of Regulation 11 of the principal Regulations
is amended by replacing the words “section 82” by the words “section
86”.
Inserts new regulation 11A
9 The principal Regulations are amended by inserting the following
regulation next after regulation 11 —
“Issue of provisional driver’s licence
11A A provisional driver’s licence under section 76A of the
Motor Car Act 1951 shall not be issued to an applicant unless —
(a) the form of application is completed and signed by
the applicant;
(b) the application is accompanied by a certificate from a
registered medical practitioner in accordance with
section 76A(1)(e) of the Motor Car Act 1951;
MOTOR CAR (DRIVER’S LICENCES) AMENDMENT
REGULATIONS 2007
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(c) the application is accompanied by a certificate, duly
completed and signed by an examiner, certifying that
the applicant has passed the written test referred to
in section 76A(1)(c) of the Motor Car Act 1951 and
the test of ability to drive referred to in section
76A(1)(d) of that Act;
(d) the application is accompanied, where so required by
the Minister —
(i) by satisfactory proof of the age of the applicant;
and
(ii) by satisfactory proof that the applicant
understands the English language and can
read and write English;
(e) the issue or renewal of a licence to the applicant is in
conformity with the Motor Car Act 1951 and the Road
Traffic Act 1947;
(f) the appropriate fee is paid to the Minister; and
(g) where the application is in respect of the driving of a
private motor car that is owned by a person other
than the applicant, the application is accompanied by
a declaration in the form, determined by the Minister
from time to time, duly completed and signed by the
owner of the motor car.
Prescribed offences
11B The offences listed in Schedule 2 are prescribed as
offences for the purposes of section 76A(4) of the Motor Car Act
1951.”.
Amends regulation 12
10 (1) Regulation 12 of the principal Regulations is amended by
replacing the words “section 82” by the words “section 86”.
(2) Regulation 12 of the principal Regulations is amended by
replacing the words “section 83(3)” by the words “section 86(3)”.
Amends regulation 18
11 Regulation 18 of the principal Regulations is amended by
replacing the words “section 82” by the words “section 86”.
Amends regulation 22
12 Regulation 22 of the principal Regulations is amended by
replacing the words “section 84” by the words “section 89”.
MOTOR CAR (DRIVER’S LICENCES) AMENDMENT
REGULATIONS 2007
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Amends the Schedule
13 The heading “SCHEDULE” in the Schedule to the principal
Regulations is amended by replacing the word “SCHEDULE” by the
words “SCHEDULE 1”.
Inserts new Schedule 2
14 The principal Regulations are amended by inserting the following
next after SCHEDULE 1 —
“SCHEDULE 2
Offences under the Road Traffic Act 1947
Section 7(4) - exceeding speed limit
Section 12 - neglecting traffic directions or signs
Section 17(2) - failing to stop at intersection
Section 27(4) - failing to stop or allow free passage at pedestrian
crossing
Section 27(5) - remaining on pedestrian crossing or failing to
comply with signal of police officer
Section 30(3) - failing to stop when requested by a police officer
Section 32(2) - owner failing to give information to police officer
as to driver and occupants of vehicle
Section 34(1) - causing death by reckless or dangerous driving
Section 34(2) - causing injury by reckless or dangerous driving
Section 35(1) - driving or attempting to drive, or having the care
or control of a motor car or an auxiliary bicycle while the ability
to do so is impaired by alcohol or a drug
Section 35(2) - driving or attempting to drive or having the care
or control of a cycle (not being an auxiliary bicycle) or any other
vehicle other than a motor car while the ability to do so is
impaired by alcohol or a drug
Section 35A(2) - failing to comply with the demand of a police
officer
Section 35A - driving or having the care or control of a motor car,
auxiliary bicycle, cycle (not being an auxiliary bicycle) or any
other vehicle other than a motor car, having consumed alcohol
in such a quantity that the proportion of alcohol exceeds 100
milligrammes in 100 millilitres of blood
Section 36(1) - dangerous driving
MOTOR CAR (DRIVER’S LICENCES) AMENDMENT
REGULATIONS 2007
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Sections 37(1) and (2) - driving without due care and attention or
reasonable consideration
Section 38 - opening door of vehicle in a dangerous manner
Section 42(2) - failing to stop after accident, to give name and
address or to report accident
Offences under the Motor Car Act 1951
Section 52(2)(a)(i) - using or allowing use of unlicensed motor car
Section 53(2) - using motor car in contravention of conditions of
licence
Section 65 - using unregistered motor car or motor car not
bearing identification plate
Section 74(1) - driving motor car without driver's licence or
permitting unlicensed person to drive
Section 85(2) - failing to produce driver's licence when required
by police officer
Section 111(1) - failing to stop motor car when requested or
signalled by police officer
Section 112(1) - driver failing to give name and address when
required by police officer
Section 112(2) - driver failing to produce motor car licence when
required by police officer
Section 114 - owner failing to give information to police officer as
to driver and occupant of motor car
Section 120 - contravention of Act or regulations or order,
demand, requirement or direction made thereunder
Section 123 - driving motor car while disqualified”.
Made this 23rd day of May, 2007
Premier
