Appendix 3.1 Legislation relating to reporting by drivers (as at December 2015)
|Australian Capital Territory||Road Transport (Driver Licensing) Regulation 2000, s. 77 (2), (3)|
If a person who is the holder of a driver licence suffers any permanent or long-term illness, injury or incapacity that may impair his or her ability to drive safely, the person must tell the road transport authority as soon as practicable (but within seven days). Maximum penalty: 20 penalty units.
It is a defence to the prosecution of a person for an offence against this section if the person establishes:
|New South Wales||Road Transport (Driver Licensing Regulation 2008, c. 117 (5)||The holder of a driver licence must, as soon as practicable, notify the road transport authority of any permanent or long-term injury or illness that may impair his or her ability to drive safely.|
|Northern Territory||Motor Vehicles Act 1959 11(3)||If a person who is licensed to drive a motor vehicle is suffering from a physical or mental incapacity that may affect his or her ability to drive a motor vehicle with safety to the public, the person or his or her personal representative, they must notify the registrar of the nature of the incapacity in terms of unfitness.|
|Queensland||Transport Operations (Road Use Management – Driver Licensing) Regulation 2010, 50, 51|
A person is not eligible for the grant or renewal of a Queensland driver licence if the chief executive reasonably believes the person has a mental or physical incapacity that is likely to adversely affect the person’s ability to drive safely.
However, the person is eligible for the grant or renewal of a Queensland driver licence if the chief executive reasonably believes that, by stating conditions on the licence, the person’s incapacity is not likely to adversely affect the person’s ability to drive safely.
|Transport Operations (Passenger Transport) Regulation 2005, 40A|
The holder of a Queensland driver licence must give notice to the chief executive if they develop any permanent or long-term mental or physical incapacity, or there is any permanent or long-term increase in, or other aggravation of, a mental or physical incapacity that is likely to affect the holder’s ability to drive safely.
More specifically, there is a standard for drivers of public passenger vehicles:
An authorised driver must:
|South Australia||Motor Vehicles Act 1959, 98AAF||The holder of a licence or learner’s permit who, during the term of the licence or permit, suffers any illness or injury that may impair his or her competence to drive a motor vehicle without danger to the public must, within a reasonable time after the occurrence of the illness or injury, notify the registrar in writing of that fact. Maximum penalty: $750|
Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010, 36(6), (7)
The holder of a driver licence must, as soon as practicable, notify the registrar of:
Penalty: Fine not exceeding 10 penalty units.
Unless the registrar requires written notification, the notification need not be in writing.
Road Safety (Drivers) Regulations 2009, reg. 67(2)
|The holder of a driver licence or permit or any person exempted from holding a driver licence or permit under section 18(1)(a) of the Act must, as soon as practicable, notify VicRoads and any other relevant agency of any permanent or long-term injury or illness that may impair his or her ability to drive safely.|
Road Traffic (Authorisation to Drive) Regulations 2014, s. 64
Duty to reveal things that might impair ability: