AUSTRALIAN CAPITAL TERRITORY

Motor Traffic (Amendment) Ordinance (No. 8) 1986
No. 87 of 1986
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910. 
Dated 18 December 1986.
	N. M. STEPHEN
	Governor-General
By His Excellency’s Command,
G. SCHOLES
Minister of State for Territories

An Ordinance to amend the Motor Traffic Ordinance 1936
Short title
1.  This Ordinance may be cited as the Motor Traffic (Amendment) Ordinance (No. 8) 1986.1
Commencement
2.  This Ordinance shall come into operation on 1 January 1987.
Principal Ordinance
3.  In this Ordinance, “Principal Ordinance” means the Motor Traffic Ordinance 1936.2
Interpretation
4.  Section 4 of the Principal Ordinance is amended—
	(a)	by inserting after the definition of “approved” in sub-section (1) the following definition:
	“‘articulated vehicle’ means a vehicle that consists of a motor vehicle and a semi-trailer that has been coupled to it;”; and
	(b)	by inserting after the definition of “road marking” in sub-section (1) the following definition:
	“‘semi-trailer’ means a trailer that—
	(a)	has wheels towards the rear; and 
	(b)	is so constructed that the front of the trailer can be superimposed upon and coupled to another vehicle so as to pivot about a point located forward of the most rearward axle of the vehicle to which it is coupled;”.
Provision for persons learning to drive
5.  Section 9 of the Principal Ordinance is amended—
	(a)	by omitting sub-section (1) and substituting the following sub-sections:
“(1) The Registrar may grant to a person a permit licence, for a period not exceeding 3 months, to drive as a learner a motor vehicle of the class specified in the permit licence.
“(1A) A permit licence shall not be granted to a person unless the person—
	(a)	in the case of a permit licence to drive a motor lorry exceeding 2 tonnes in weight (not being an articulated vehicle or a motor lorry exceeding 2 tonnes in weight to which is coupled a trailer the tare of which exceeds 2 tonnes)—
	(i)	is at least 18 years of age; and
	(ii)	has held a licence to drive a motor vehicle (other than a motor cycle) for a period of, or periods totalling, at least 12 months;
	(b) 	in the case of a permit licence to drive an articulated vehicle or a motor lorry exceeding 2 tonnes in weight to which is coupled a trailer the tare of which exceeds 2 tonnes—
	(i)	is at least 19 years of age; and
	(ii)	has held a licence to drive a motor lorry exceeding 2 tonnes in weight for a period of, or periods totalling, at least 12 months; or
	(c) 	in any other case—is at least 16 years and 9 months of age.
“(1B)  Notwithstanding sub-section (1A), the Registrar may grant a permit licence to drive a vehicle of the class specified in the permit licence to a person to whom the Registrar would, but for this sub-section, be prohibited from granting a permit licence, if the Registrar is satisfied that special circumstances exist that justify granting a permit licence to the person.”; and
	(b)	by adding at the end the following sub-section:
“(7)  In sub-paragraphs (1A) (a) (ii) and (b) (ii), a reference to a licence to drive a motor vehicle of the kind referred to in the respective sub-paragraph shall be read as including a reference to a licence or other authority to drive such a motor vehicle issued under a law of a State or another Territory or of another country, but shall not be read as including a reference to a permit licence or other authority to drive a motor vehicle as a learner.”.
Granting of licences
6.  Section 10 of the Principal Ordinance is amended—
	(a)	by omitting sub-sections (2) and (3) and substituting the following sub-section:
“(2)  A licence shall not be granted to a person, and the licence of a person shall not be renewed, unless the person—
	(a)	in the case of a licence to drive a motor lorry exceeding 2 tonnes in weight (not being an articulated vehicle or a motor lorry exceeding 2 tonnes in weight to which is coupled a trailer the tare of which exceeds 2 tonnes)—
	(i)	is at least 18 years of age; and
	(ii)	has held a licence to drive a motor vehicle (other than a motor cycle) for a period of, or periods totalling, at least 12 months;
	(b)	in the case of a licence to drive an articulated vehicle or a motor lorry exceeding 2 tonnes in weight to which is coupled a trailer the tare of which exceeds 2 tonnes—
	(i)	is at least 19 years of age; and
	(ii)	has held a licence to drive a motor lorry exceeding 2 tonnes in weight for a period of, or periods totalling, at least 12 months;
	(c)	in the case of a licence to drive a motor car that is being used for the carriage of passengers for hire or reward—
	(i)	is at least 21 years of age; and
	(ii)	has held a licence to drive a motor vehicle (other than a motor cycle) for a period of, or periods totalling, at least 12 months; or
	(d) 	in any other case—is at least 17 years of age.”;
	(b)	by omitting from sub-section (4) “sub-sections (2) and (3) of this section” and substituting “sub-section (2)”;
	(c)	by omitting sub-section (7); and
	(d)	by adding at the end the following sub-section:
“(9)  In sub-paragraphs (2) (a) (ii), (b) (ii) and (c) (ii), a reference to a licence to drive a motor vehicle of the kind referred to in the respective sub-paragraph shall be read as including a reference to a licence or other authority to drive such a motor vehicle issued under the law of a State or another Territory or of another country, but shall not be read as including a reference to a permit licence or other authority to drive a motor vehicle as a learner.”.
Driver to be licensed, &c.
7.  Section 176 of the Principal Ordinance is amended—
	(a)	by omitting paragraph (4) (a) and substituting the following paragraphs:
	“(a)	drive a motor lorry exceeding 2 tonnes in weight (not being an articulated  vehicle or a motor lorry exceeding 2 tonnes in weight to which is coupled a trailer the tare of which exceeds 2 tonnes);
	(aa)	drive an articulated vehicle or a motor lorry exceeding 2 tonnes in weight to which is coupled a trailer the tare of which exceeds 2 tonnes; or”;
	(b)	by omitting from paragraph (4) (b) “the last preceding paragraph” and substituting “paragraph (a) or (aa)”;
	(c)	by omitting paragraph (4) (c) and substituting the following paragraphs:
	“(c)	in the case of a motor vehicle referred to in paragraph (a)—the driver is at least 18 years of age and holds a licence to drive a motor vehicle other than a motor cycle;
	(ca)	in the case of a motor vehicle referred to in paragraph (aa)—the driver is at least 19 years of age and holds a licence to drive a motor lorry exceeding 2 tonnes in weight;”;
and
	(d)	by adding at the end the following sub-section:
	“(5) In paragraphs (4) (c) and (ca), a reference to a licence to drive a motor vehicle of the kind referred to in the respective sub-paragraph shall be read as including a reference to a licence or other authority to drive such a motor vehicle issued under a law of a State or another Territory or of another country, but shall not be read as including a reference to a permit licence or other authority to drive a motor vehicle as a learner.”.
Application
8.  The amendments effected by sections 5 and 6 apply in relation to the grant of a permit licence or a licence, or the renewal of a licence, the application for which is made on or after 1 January 1987.

NOTES
1.	Notified in the Commonwealth of Australia Gazette on 22 December 1986.
2.	No. 45, 1936 as amended to date.  For previous amendments see Note 2 to No. 3, 1986 and see also Nos. 3, 6, 34, 58, 74, 77, 78 and 81, 1986.