Australian Capital Territory
Road Transport (General) (Police Motorcycle Rider) Exemption 2013 (No 1)
Disallowable instrument DI 2013–31
made under the  
Road Transport (General) Act 1999, section 13 (Power to exclude vehicles, persons or animals from road transport legislation)
EXPLANATORY STATEMENT

This instrument is made under section 13 of the Road Transport (General) Act 1999 (the Act) that allows the Minister to exclude vehicles, persons or animals from the operation of the road transport legislation, or a provision of that legislation, by disallowable instrument. Under section 13 (1) of the Act, an exclusion operates in the circumstances and/or places declared in the instrument.

The purpose of the instrument is to exempt members of the Australian Federal Police who are undertaking police motorcycle rider training and assessment from the novice rider licensing requirements that would otherwise apply to them.  Police motorcycle rider training and assessment is an intensive process conducted by highly experienced rider trainers and assessors in a mixture of track, road and off-road settings to equip police motorcycle riders with the range of specialised skills they will require in the course of their duties.  At the end of their police motorcycle training and assessment, successful course participants are issued with a full motorcycle licence by the road transport authority.  

Clause 1 provides for the name of this instrument.

Clause 2 explains that the instrument commences on the day after it is notified.

Clause 3 is the principal operative clause of the instrument. It excludes members of the Australian Federal Police who are undertaking police motorcycle rider training and assessment from the operation of provisions in the road transport legislation that would otherwise apply to people who ride motorcycles on roads or road related areas in the ACT and/or who seek a motorcycle licence. It ensures that members are not liable for the offence of riding without a licence if they ride on ACT roads or road related areas during their training and assessment period without holding a learner or provisional motorcycle licence.  It also operates to enable the police rider training and assessment processes to take the place of the ordinary learner rider and provisional rider processes, so that police motorcycle riders can be issued a full licence at the end of their training and assessment period.

Clause 4 contains relevant definitions used in the instrument.

Clause 5 revokes an earlier exemption instrument, which is replaced by this instrument.