A traffic regulation that seems to go unnoticed and fly under the radar is the requirement of licence checking.
Clause 14 of the Road Transport (General) Regulation 2021 (NSW) provides:
That the responsible person for, or the person in charge of, a motor vehicle must inspect the driver licence of a person before permitting the person to drive the vehicle.
It is therefore an offence to allow someone to drive the vehicle you are responsible for without ensuring they hold a valid driver’s licence.
This clause is linked with rule 300-5 of the Road Rules 2014 (NSW) where it is an offence to drive without carrying your driver’s licence.
An example of how this offence may arise:
You are a passenger in your own vehicle, allowing your friend to drive, you then get pulled over by the police, your friend is not carrying a licence and it is clear that you failed to check whether your friend was holding a licence before allowing them to drive your vehicle.
The maximum penalty applicable for failing to inspect the licence of someone who drives your vehicle is a fine in the sum of $2,200. Such an infringement can also have grave consequences for insurance purposes if the driver of your vehicle has an accident.
You have three options:
If you decide to take the matter to Court (that is ‘elect’) on the matter, you cannot reverse that decision. Therefore, it is important to know when and why you might decide to take a matter to Court before doing so.