Australian Capital Territory
Road Transport (Police Driver and Rider Exemptions) Amendment Regulation 2013 (No 1)
Subordinate Law SL2013-9

The Australian Capital Territory Executive makes the following regulation under the Road Transport (Driver Licensing) Act 1999 and the Road Transport (Safety and Traffic Management) Act 1999.
Dated 3 May 2013.
Simon Corbell
Minister
Joy Burch
Minister

Australian Capital Territory
Road Transport (Police Driver and Rider Exemptions) Amendment Regulation 2013 (No 1)
Subordinate Law SL2013-9
made under the
Road Transport (Driver Licensing) Act 1999 and the Road Transport (Safety and Traffic Management) Act 1999

    
    
Contents
	Page
Part 1	Preliminary
	1	Name of regulation	1
	2	Commencement	1
	3	Legislation amended	1
Part 2	Road Transport (Driver Licensing) Regulation 2000
	4	Section 39, new note	2
	5	Part 6 heading	2
	6	New section 99A	2
	7	Dictionary, note 2	3
Part 3	Road Transport (Safety and Traffic Management) Regulation 2000
	8	Section 69	4
	9	New section 69A	5
	10	Dictionary, note 2	6

Part 1	Preliminary
1	Name of regulation
This regulation is the Road Transport (Police Driver and Rider Exemptions) Amendment Regulation 2013 (No 1).
2	Commencement
This regulation commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This regulation amends the Road Transport (Driver Licensing) Regulation 2000 and the Road Transport (Safety and Traffic Management) Regulation 2000.

Part 2	Road Transport (Driver Licensing) Regulation 2000
4	Section 39, new note
insert
Note	A police officer is eligible to apply for the issue of a full motorcycle licence if the officer has successfully completed police motorcycle rider training (see s 99A(1)).
5	Part 6 heading
substitute
Part 6	Interstate drivers, overseas drivers and other drivers
6	New section 99A
insert
99A	Police motorcycle riders—licence eligibility requirement and exemptions—Act, s 28 (2)
	(1)	A police officer is eligible to apply to the road transport authority for the issue of a full motorcycle licence if the police officer has successfully completed police motorcycle rider training.
Note	If the road transport authority approves the application, the authority must issue a full motorcycle licence (see s 40).
	(2)	A police officer is exempt, when doing police motorcycle rider training or police motorcycle rider assessment, from—
	(a)	holding an Australian driver licence that authorises the police officer to ride a motorbike; and
	(b)	the following provisions:
	(i)	division 3.2 (Learner licences and heavy vehicle learners);
	(ii)	division 3.3 (Licence class eligibility requirements and provisional licence requirements);
	(iii)	division 3.4 (Provisional licences, additional provisional classes and provisional licence restrictions).
	(3)	In this section:
AFP means the Australian Federal Police.
police motorcycle rider assessment means an assessment conducted by an AFP employee or contractor of a police officer’s ability to ride a motorbike in the exercise of the police officer’s functions as a police officer.
police motorcycle rider training means training provided by the AFP, or an AFP contractor, that teaches a police officer how to ride a motorbike for the purpose of the exercise of the police officer’s functions as a police officer.
7	Dictionary, note 2
insert	
·	police officer

Part 3	Road Transport (Safety and Traffic Management) Regulation 2000
8	Section 69
substitute
69	Exemption for driver of police vehicle—generally—Act, s 35
	(1)	An exemption provision does not apply to the driver of a police vehicle if—
	(a)	in the circumstances—
	(i)	the driver is taking reasonable care; and
	(ii)	it is reasonable that the provision should not apply, having regard to the road and traffic conditions at the time; and
	(b)	if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.
Note	This section also applies to a rider of a police motorbike (see Road Transport (General) Act 1999, dict defs drive, driver, ride and vehicle).
	(2)	Subsection (1) (b) does not apply to the driver if, in the circumstances, it is reasonable—
	(a)	not to display the light or sound the alarm; or
	(b)	for the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm.
	(3)	In this section:
exemption provision means—
	(a)	the Act, section 5B (Burnouts and other prohibited conduct); or
	(b)	the Act, section 7 (Furious, reckless or dangerous driving), to the extent the section relates to furious or dangerous driving; or
	(c)	part 2.1 (Incorporation into ACT law); or
	(d)	part 2.2 (How the Australian Road Rules are incorporated); or
	(e)	part 2.3 (Additional ACT road rules).
9	New section 69A
insert
69A	Exemption for driver of police vehicle—training and assessment 
	(1)	An exemption provision does not apply to the driver of a police vehicle if—
	(a)	the driver is doing police driver training or police driver assessment; and
	(b)	in the circumstances—
	(i)	the driver is taking reasonable care; and
	(ii)	it is reasonable that the provision should not apply, having regard to the road and traffic conditions at the time; and
	(c)	if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.
Note	This section also applies to a rider of a police motorbike (see Road Transport (General) Act 1999, dict defs drive, driver, ride and vehicle).
	(2)	Subsection (1) (c) does not apply to the driver if, in the circumstances, it is reasonable—
	(a)	not to display the light or sound the alarm; or
	(b)	for the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm.
	(3)	In this section:
AFP means the Australian Federal Police.
exemption provision means—
	(a)	the Act, section 5B (Burnouts and other prohibited conduct); or
	(b)	the Act, section 7 (Furious, reckless or dangerous driving), to the extent the section relates to furious or dangerous driving; or
	(c)	part 2.1 (Incorporation into ACT law); or
	(d)	part 2.2 (How the Australian Road Rules are incorporated); or
	(e)	part 2.3 (Additional ACT road rules).
police driver assessment means an assessment conducted by an AFP employee or contractor of a police officer’s ability to drive a police vehicle in the exercise of the police officer’s functions as a police officer.
police driver training means training provided by the AFP, or an AFP contractor, that teaches a police officer how to drive a police vehicle for the purpose of the exercise of the police officer’s functions as a police officer.
10	Dictionary, note 2
insert	
·	police officer

Endnotes
1	Notification
	Notified under the Legislation Act on 6 May 2013.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2013