Road Traffic Act 1961 · 2020 Revised Edition · Part 2 · Licensing of Drivers and Riders
47K. Allowing untested rider, etc., on road
Feedback & supportLast amended by an amending law of 2021.
Subject to this Act, a person commits an offence if —
the person employs, or intentionally or negligently allows, an individual to ride on a road a test‑needed‑to‑ride‑on‑road vehicle of a class or description;
the individual in paragraph (a) is not granted a competency test certificate for that class or description of test‑needed‑to‑ride‑on‑road vehicle and is not excluded under section 47G(2); and
the person knows that, or is negligent as to whether, the individual is not granted a competency test certificate for that class or description of test‑needed‑to‑ride‑on‑road vehicle.
To avoid doubt, subsection (1) does not apply to a person who carries on at any premises a business of selling test‑needed‑to‑ride‑on‑road vehicles allowing, in the course of that business and for the purpose of selling the vehicle, a customer of the business concerned at the customer’s request to ride a test‑needed‑to‑ride‑on‑road vehicle within any part of those premises not comprising a road.
test‑needed‑to‑ride‑on‑road vehicle
“test‑needed‑to‑ride‑on‑road vehicle” means —(a)a bicycle or power‑assisted bicycle within a class or description of bicycle or power‑assisted bicycle that is prescribed for the purposes of Division 2A of Part 3 of the Active Mobility Act 2017; or(b)a road‑only PAB;
An individual who is guilty of an offence under subsection (1) shall be liable on conviction —
to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; but(b)where the individual is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
For the purposes of subsection (3), an individual is a repeat offender in relation to an offence under subsection (1) if the individual who is convicted, or found guilty, of an offence under subsection (1) has been convicted or found guilty on at least one other earlier occasion of an offence under subsection (1).