Did you know that you are required by law to check the driver’s licence of a person about to drive your vehicle?
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.
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Options if you receive a Penalty Notice
You have three options:
- Pay the fine;
- Request a review of the fine by Revenue NSW;
- Elect to take the matter to Court.
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.
If you or someone you know needs advice or representation for a Court Election on a fine, contact the team at Hamilton Janke Lawyers- 24 hours a day, seven days a week by calling 4038 1666.
Key Takeaways
- Clause 14 of the Road Transport (General) Regulation 2021 (NSW) mandates vehicle owners to check the driver's license of anyone they permit to drive their vehicle.
- Failing to ensure a driver has a valid license before allowing them to drive your vehicle constitutes an offense.
- This regulation is linked with the Road Rules 2014 (NSW), where driving without a license on your person is also an offense.
- There are specific options available if you receive a penalty notice for such an offense, including paying the fine, requesting a review, or electing to take the matter to court.
Written By
Drew Hamilton
Drew Hamilton is founding partner at Hamilton Janke Lawyers. Admitted to the Supreme Court of New South Wales as a Solicitor and also listed on the High Court of Australia register.
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