Why is my driver's licence provisional?

It should be noted that driver's provisional period is dictated by legislation, specifically Regulation 9 of the Road Traffic (Authorisation to Drive) Regulations 2008. The legislation requires the Director General of the Department of Transport to endorse a person's driver’s licence as provisional where they are a novice driver or have not reached the age of 19 years.

Therefore if you are 17 years or older when you first get your driver's licence you will remain a provisional licence holder for 2 years.

However if you get your licence before you turn 17 you are required to remain a provisional licence holder until you turn 19. Those in this category will hold a provisional licence for more than 2 years.

The provisional period will only elapse while you hold a current and valid driver's licence. Various things can cause your licence to become invalid as outlined below:

• If you renew your licence after it has expired the time between expiry and renewal will not count towards your provisional period because your driver's licence was not valid during that time.
• If you become subject to a licence suspension order issued in accordance with the Fines Penalties and Infringement Notices Enforcement Act 1994 (A fines suspension) then the period for which your licence is subject to the fines suspension will not count towards your provisional period because the licence is not valid when its operation is suspended.
• If you are disqualified by a court from holding or obtaining a driver's licence that will result in the cancellation of your provisional driver's licence the provisional period will stop expiring.
• If you are disqualified by the operation of the law for example a Demerit Point Disqualification (because you have accrued excess demerit points) then your driver's licence will be cancelled and the provisional period will stop expiring.

Note: If you obtain an Extraordinary Licence the provisional period will recommence "counting down" for the duration of the Extraordinary Licence because it is a valid licence in accordance with the Road Traffic Act 1974. Extraordinary Licences are not available for a demerit point disqualification.

Others reasons why you could lose your Driver's Licence.

You should also be aware that conviction for certain offences (which can include the payment of an infringement notice) when you hold a provisional driver's licence will automatically result in a disqualification for 3 months and the cancellation of your provisional driver's licence.

These offences are:

Criminal Code - Sections:

• 277 Unlawful homicide (using a motor vehicle)
• 378 Stealing a motor vehicle

Road Traffic Act - Sections:

• 53(1) Refuse or false name/address or refuse/fail to stop
• 54 Fail to stop or provide details (Crash causing bodily harm)
• 55 Fail to stop or provide details (Crash causing damage to property)
• 56 Fail to report crash (Crash causing bodily harm or damage to property)
• 59 Dangerous driving causing death or injury
• 59A Dangerous driving causing bodily harm
• 61 Dangerous driving
• 62 Careless driving
• 62A Create excessive noise or smoke
• 64AA Drive a motor vehicle when your blood alcohol level is equal to or exceeds 0.05
• 64AC Drive with prescribed illicit drug in blood or oral fluid
• 90 Unlawful interference with parts or mechanism of a motor vehicle
• 97 Various offences as follows:
  • while disqualified from obtaining any particular licence apply for or obtain such a licence;
  • wilfully mislead a person in any particular likely to affect the discharge of that person’s duty under this Act;
  • forge or fraudulently alter any licence, number plate or registration label;
  • use any forged or fraudulently altered licence, number plate or registration label, or use any licence, number plate or registration label to which he is not entitled;
  • fraudulently permit his licence, number plate or registration label to be used by any other person;
  • drive any vehicle or cause or permit any vehicle to be driven on any road while it has on it;
    • any forged or fraudulently altered number plate or registration label;
    • any replica or imitation of a number plate or
    • registration label; or
    • any number plate or registration label other than one issued for that vehicle;
  • without lawful excuse have in his possession a licence or any article resembling a licence or a registration label or any article resembling a registration label, and
  • calculated to deceive;
  • lend or allow to be used by any other person any licence or any number plate or registration label.

Note: the payment of an infringement notice for any of the offences listed above will constitute conviction and you will be disqualified and your provisional licence cancelled at the time you make payment of the notice. (e.g. Careless driving or excess 0.05 infringement).