This note is not part of the rule, but is intended to indicate its general effect.
This rule, which comes into force on 1 December 2014, amends the Land Transport (Driver Licensing) Rule 1999 (the principal rule). The amendments are of the following kinds:
changes to the requirements about evidence of identity that applicants must comply with when obtaining, renewing, replacing, or reinstating a driver licence, an endorsement, or a driver identity card (in particular, see clause 7 and new Schedule 9 inserted by clause 37):
shortening the validity period for learner and restricted licences of Classes 1 and 6 from 10 years to 5 years (in particular, see clauses 21 and 23 to 26):
changes to enable some applications to be dealt with online if the facility for that is introduced in the future (see clause 7):
miscellaneous amendments to update the rule.
Clause 1 is the Title clause.
Clause 2 provides that the rule comes into force on 1 December 2014.
Clause 3 provides that the rule amends the Land Transport (Driver Licensing) Rule 1999.
Clause 4 is the objective statement for the rule (see Schedule 1).
Clause 5 specifies the consultation undertaken (see Schedule 2).
Clause 6 inserts a new clause 5A into the principal rule. It provides that the transitional and other provisions in new Schedule 2A have effect. There are transitional provisions in relation to the shortening of the period of validity of learner and restricted Class 1 and 6 licences.
Clause 7 replaces clauses 9 to 13 of the principal rule. These clauses relate to the manner of lodging an application for a driver licence, an endorsement, or a driver identification card, and the required content of the application as follows:
new clause 9 specifies the manner in which an application must be lodged. It provides that an application may be made online if the Agency provides a system for that application to be made online:
new clause 10 specifies the required content of the application. The required content of the application is the same as currently required under clause 9 of the principal rule:
new clause 11 specifies the evidence of identity required where an application is made in person (that is, not online). There are changes to the documents that may be produced as evidence of the identity of the applicant (see also new Schedule 9):
new clause 11A deals with evidence of identity when an application is lodged online:
new clause 12 specifies the requirements for photographic images on licences and driver identification cards. These now include requirements for the inclusion of photographs in applications lodged online:
new clause 12A provides that where the principal rule provides that a signed statement must be made and the application is made online, the statement must be made, but need not be signed:
new clause 13 relates to eyesight testing. It clarifies that a person applying to obtain an additional licence class or to reinstate a licence where the licence will be issued with a new expiry date must pass an eyesight test.
Clauses 8 to 16 make amendments to the principal rule that are consequential on the changes in new clauses 9 to 13.
Clause 17 amends clause 35 of the principal rule (which relates to the criteria and procedure in relation to the fit and proper person test) to replace a reference to a repealed Act.
Clause 18 replaces clause 36 of the principal rule (which relates to an application for a driver identification card) to replace a reference to a repealed Act.
Clause 19 amends clause 37 of the principal rule (which relates to the property in the driver identification card) to replace a reference to a repealed Act.
Clause 20 makes an amendment to clause 55 of the principal rule (which provides that a person taking a test must produce identification) that is consequential on the changes in new clauses 9 to 13.
Clause 21 amends clause 60 of the principal rule (which relates to the period of validity of driver licences). The clause is amended to provide that,—
for learner and restricted licences of Classes 1 and 6, the period of validity of the licence is 5 years (but this is not applicable to drivers aged 75 years and over); and
the Agency may extend the period of validity of a Class 1L, 1R, 6L, or 6R licence beyond its expiry date only if the holder passes an appropriate theory test.
Clause 22 amends clause 63 of the principal rule (which relates to the form of a driver licence). The amendment removes the requirement for the electronically captured image of the holder’s signature to be printed on the card, but without removing the need for the driver licence to continue to display the holder’s signature. The clause is also amended to recognise that there may be more than 1 date of expiry applicable to a single driver licence and that those dates all need to be specified on it.
Clause 23 amends clause 67 of the principal rule (which relates to the renewal of a driver licence). The amendments provide that an application for renewal of a licence of Class 1L, 1R, 6L, or 6R can be made only on or after the date of expiry and that the applicant must pass an appropriate theory test.
Clauses 24 to 26 amend clauses 67A to 67C of the principal rule (which relate to the reinstatement of a driver licence). The amendments provide as follows:
generally, a licence being reinstated will retain its original expiry date:
for licences other than of Class 1L, 1R, 6L, or 6R, if the licence has expired or is within 12 months of its expiry the person must meet the requirements for renewal (and the licence will be renewed with a new expiry date as per clause 67):
for licences of Class 1L, 1R, 6L, or 6R, if the licence has expired or reached its expiry date the person must comply with the requirements for renewal (and the licence will be renewed with a new expiry date as per clause 67).
Clauses 27 to 33 make amendments to the principal rule that are consequential on the changes in clauses 7 and 21 to 26.
Clause 34 revokes clause 119 of the principal rule, which is no longer required.
Clause 35 amends clause 120 of the principal rule to replace a reference to the revoked clause 119.
Clause 36 inserts new Schedule 2A, which sets out transitional provisions. The transitional provisions deal with the transition to the new rules about the period of validity of licences of Classes 1L, 1R, 6L, and 6R for existing licences of those classes.
Clause 37 inserts new Schedule 9, which sets out the documents that are evidence of identity.