Overseas licence crackdown in NSW

A LOOPHOLE in New South Wales road laws has enabled some drivers to retain (and continue driving on) their overseas licences after receiving 13 demerit points or being convicted of a severe road offence.

At issue is wording of the current legal requirements for foreign drivers that is open to ‘interpretation’ and exploitation.

The loophole enables drivers to accrue enough traffic fines to be disqualified from driving in NSW – but still be allowed to drive using a foreign licence.

Demerit point systems, as exemplified in NSW and all other Australian states, are not universally applied in all countries.

However, the new state government has introduced changes that will close this loophole which has been rorted by some drivers in NSW (and presumably other Australian states) as no enforceable demerit point limit applies on these overseas licences.

In legislation proposed by the former state government, and followed through by the new administration, from July 1, some foreign visa-holders will be required to sit a NSW driver licence test within six months of arrival.

Specifically targeted are visa-holding drivers from China, India, Pakistan, and Nepal who stay in New South Wales for longer than six months.

Drivers from these countries will be required to pass a driving test and obtain a NSW licence to legally drive on local roads. They will be also required to sit the same knowledge and practical test as required by locals, but will not be required to log 120 hours.

Driver’s from ‘recognised’ countries – including the United Kingdom, Germany, Japan, and Singapore – do not require a test to be completed for a licence to be converted because of those countries more stringent testing.

The changes were due to be implemented last year but the impact of COVID-19 interrupted the legislation’s passage because new driving tests were not available at the time. It is understood the new legislation will affect up to 120,000 drivers on the state’s roads.

Other state governments are likely to follow suit, but it is unclear if any new legislation addressing the problem in place.

The issue has been percolating for years and was first identified by the previous state government. NSW-based motoring association, the National Roads and Motorists’ Association (NRMA) has put its weight behind the move describing the changes as ‘a positive thing’.

“We don't want loopholes in our demerit point system because it's about road safety,” said NRMA spokesman, Peter Khoury.

“One of the challenges initially to changing the rules was the backlog of people wanting to do driving tests after COVID-19, and so they didn't want to put too much strain on the system, which made sense.

“But this new government has decided to continue with the policy of closing that loophole and adding further safeguards to the demerit point and the licensing system in New South Wales, and that's a good thing.

“You can't have a situation where people are taking advantage and in some cases taking really serious risks and getting away with it.”

The new legislation means the state’s 13 demerit point system will be more broadly applied and with fewer opportunities for exemptions.

Under the change, defined licence holders will have their visiting driving privileges permanently withdrawn after six months. If they wish to drive again in NSW, they will be required to apply for a NSW driver’s licence.