Driving Instructors Regulation 2016 (2016-542) (NSW)

Driving Instructors Regulation 2016

1 Name of Regulation This Regulation is the Driving Instructors Regulation 2016.

2 Commencement This Regulation commences on 1 September 2016 and is required to be published on the NSW legislation website.

Note— This Regulation replaces the Driving Instructors Regulation 2009, which is repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation— driving instruction means instruction given to a person for the purpose of teaching the person to drive a motor vehicle. driving instructor's licence means a licence under the Act. motor bike has the same meaning as in the Road Rules 2014. the Act means the Driving Instructors Act 1992.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) Notes included in this Regulation do not form part of this Regulation.

4 Certain persons not driving instructors for purpose of Act (1) For the purposes of section 4 (3) of the Act, the following persons, when providing driving instruction in the following circumstances, are not driving instructors for the purposes of the Act— (a) a person who provides driving instruction that does not involve the use of a motor vehicle (such as in a classroom or by using a simulator), (b) a person who provides driving instruction in a motor vehicle to the holder of a driver licence, if the holder— (i) is already authorised by the licence to drive the motor vehicle unsupervised on a road, and (ii) is not receiving instruction for the purposes of removing a condition from that licence. (2) For the purposes of section 4 (3) of the Act, an employee or contractor of Transport for NSW or Service NSW who assesses or tests a person for the purposes of enabling that person to obtain or vary a driver licence is not a driving instructor for the purposes of the Act.