Australian Capital Territory Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 58A

    (1)     This section applies to a person if—

        (a)     the person is a driving instructor who is with a driver for the purposes of—

              (i)     driver instruction; or

              (ii)     driver assessment; or

        (b)     the person is a heavy vehicle driver assessor who is with a driver for the purposes of driver assessment; or

        (c)     the person is a driving supervisor who is with a person who holds a learner licence (a learner driver ) while the learner driver drives a motor vehicle that displays, or ought to display, L-plates on a road or road related area.

    (2)     A police officer or authorised person may require the person to do any or all of the following:

        (a)     produce the person's Australian driver licence;

        (b)     state the person's name;

        (c)     state the person's date of birth;

        (d)     state the person's home address.

    (3)     A person commits an offence if the person fails to comply with a request made by a police officer or authorised person under subsection (2).

Maximum penalty: 20 penalty units.

Note     It is an offence to produce false or misleading documents (see Criminal Code, s 339).

    (4)     An offence against this section is a strict liability offence.

    (5)     It is a defence to a prosecution for an offence against subsection (2) (a) if the defendant proves that the defendant—

        (a)     was a driving supervisor, driving instructor or heavy vehicle driver assessor when required to produce the licence; and

        (b)     has a reasonable excuse for failing to produce the licence when required to do so; and

        (c)     within 3 days after being required to produce the licence, produced the licence at a place prescribed by regulation or as directed by the police officer or authorised person.

Note      A defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code, s 59).

    (6)     In this section:

"driver assessment"—see the Road Transport (Driver Licensing) Regulation 2000 , dictionary.

"driver instruction"—see the Road Transport (Driver Licensing) Regulation 2000 , dictionary.

"driving instructor"—see the Road Transport (Driver Licensing) Regulation 2000 , dictionary.

"driving supervisor"—see the Road Transport (Driver Licensing) Regulation 2000 , section 21 (1).

"heavy vehicle driver assessor"—see the Road Transport (Driver Licensing) Regulation 2000 , dictionary.