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This is a Bill, not an Act. For current law, see the Acts databases.


ROAD TRANSPORT (DRIVER LICENSING) AMENDMENT BILL 2010





Road Transport (Driver Licensing)
Amendment Bill 2010
No     , 2010


A Bill for

An Act to amend the Road Transport (Driver Licensing) Act 1998 in relation to
demerit points.
Clause 1      Road Transport (Driver Licensing) Amendment Bill 2010




The Legislature of New South Wales enacts:                                        1

 1    Name of Act                                                                 2

           This Act is the Road Transport (Driver Licensing) Amendment            3
           Act 2010.                                                              4

 2    Commencement                                                                5

           This Act commences on a day or days to be appointed by proclamation.   6




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Road Transport (Driver Licensing) Amendment Bill 2010

Amendment of Road Transport (Driver Licensing) Act 1998 No 99             Schedule 1




Schedule 1             Amendment of Road Transport (Driver                                 1
                       Licensing) Act 1998 No 99                                           2

[1]   Section 16 (Suspension of licence), section 16AA (Consequences in                    3
      relation to licence applications), section 16A (Licence ineligibility) and           4
      section 17D (Determining demerit thresholds where combined licences)                 5

      Omit "12 or more demerit points" from sections 16 (2), 16AA (2), 16A (1) and         6
      17D (4) (a), wherever occurring.                                                     7

      Insert instead "13 or more demerit points (or in the case of a professional          8
      driver 14 or more demerit points)".                                                  9

[2]   Sections 16 (5) and 16A (4)                                                         10

      Omit "12 to 15" from the first column of the tables to the subsections.             11

       Insert instead "13 (or 14 in the case of a professional driver) to 15".            12

[3]   Sections 16 (8) and 16A (7)                                                         13

      Omit "12 demerit points".                                                           14

      Insert instead "13 demerit points (or in the case of a professional driver          15
      14 demerit points)".                                                                16

[4]   Section 18A                                                                         17

      Insert after section 18:                                                            18

      18A    Evidence that person is professional driver                                  19

             (1)    The Authority may, for the purpose of determining whether a           20
                    person is a professional driver under this Division, request the      21
                    person to provide the Authority with information (including in        22
                    the form of a statutory declaration) as to the primary work of the    23
                    person.                                                               24

             (2)    The Authority is entitled to treat a person who has been requested    25
                    to provide that information as not being a professional driver        26
                    unless any such requested information is provided to the              27
                    Authority in accordance with the request.                             28

             (3)    A request for information under this section may be made in           29
                    connection with an application by the person for the issue or         30
                    renewal of a driver licence or by written notice to the person.       31

[5]   Schedule 3 Savings, transitional and other provisions                               32

      Insert at the end of clause l (1):                                                  33

                    Road Transport (Driver Licensing) Amendment Act 2010                  34




                                                                                 Page 3
                Road Transport (Driver Licensing) Amendment Bill 2010

Schedule 1      Amendment of Road Transport (Driver Licensing) Act 1998 No 99




[6]   Dictionary                                                                          1
      Insert in alphabetical order:                                                       2
                    professional driver means a person whose primary work is              3
                    personally driving a motor vehicle on roads in or outside of the      4
                    State, and includes a person of a class prescribed by the             5
                    regulations as a professional driver, but does not include a person   6
                    of a class prescribed by the regulations as not a professional        7
                    driver.                                                               8




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