23F. Grant by test authority of competency test certificate

Amended

Last amended by an amending law of 2021. 2 amendments in all.

(1)

The test authority for a class or description of a test‑needed‑to‑drive vehicle may, on the application under subsection (2) by an individual, grant the individual a competency test certificate certifying that the individual has passed the prescribed test of competence for that class or description of vehicle if, and only if, the test authority is satisfied that the individual —

(a)

has attended and successfully completed, not earlier than a prescribed time before that application is made, a prescribed test of competence relating to the class or description of test‑needed‑to‑drive vehicle which is the subject of the application; and

(b)

is not below —

(i)

the prescribed minimum riding age (if applicable) relating to that test‑needed‑to‑drive vehicle which is a motorised personal mobility device; or

(ii)

the minimum age prescribed under section 62(1) of the Road Traffic Act 1961 where the vehicle is a test‑needed‑to‑ride‑on‑road vehicle within the meaning of that Act.

(2)

An application for a competency test certificate must —

(a)

be in the form and manner the relevant test authority requires;

(b)

be accompanied by an application fee, if prescribed;

(c)

state the class or description of test‑needed‑to‑drive vehicle that is the subject of the application; and

(d)

contain an undertaking to take, or a declaration that the applicant has attended and successfully completed (as the case may be) a prescribed test of competence to drive or ride the class or description of test‑needed‑to‑drive vehicle which is the subject of the application.

(3)

A test authority may refuse to consider an application under subsection (2) that is incomplete or not made in accordance with this section.

(4)

To avoid doubt, a competency test certificate may be granted in a digital form, consisting of evidence of the grant of the competency test certificate using information relating to the individual granted the competency test certificate that is displayed on a mobile communication device or other electronic device.

Terms defined in s 2

competency test certificate
Defined · s 2
“competency test certificate”, for a class or description of test‑needed‑to‑drive vehicle, means a certificate granted under section 23F certifying that an individual has passed the prescribed test of competence for that class or description of test‑needed‑to‑drive vehicle;
Open s 2
mobile communication device
Defined · s 2
“mobile communication device” has the meaning given by section 22A(4);
Open s 2
motorised personal mobility device
Defined · s 2
“motorised personal mobility device” or “motorised PMD” means a personal mobility device other than a non‑motorised personal mobility device;
Open s 2
prescribed minimum riding age
Defined · s 2
“prescribed minimum riding age” has the meaning given by section 23A(1);
Open s 2
prescribed test of competence
Defined · s 2
“prescribed test of competence”, in relation to driving or riding a vehicle on a public path, means a test of subject matter prescribed by regulations to test an individual’s knowledge of safe driving or riding practices and law on public paths, and also on roads where lawful to ride the vehicle on a road;
Open s 2
ride
Defined · s 2
“ride”, in relation to a bicycle, PAB, personal mobility device or mobility vehicle, means to travel in or on the bicycle, PAB, personal mobility device or mobility vehicle;
Open s 2
road
Defined · s 2
“road” has the meaning given by the Road Traffic Act 1961;
Open s 2
test authority
Defined · s 2
“test authority”, for a class or description of test-needed-to-drive vehicle, means an individual designated by the Minister to be a test authority for that class or description of test‑needed‑to‑drive vehicle;
Open s 2
test-needed-to-drive vehicle
Defined · s 2
“test-needed-to-drive vehicle” means a class or description of bicycle, personal mobility device, PAB, mobility vehicle or mechanised sweeper that is prescribed in regulations for the purposes of Division 2A of Part 3;
Open s 2
vehicle
Defined · s 2
“vehicle” means any means of conveyance that runs on wheels, other than a train;
Open s 2