Overseas Licence
There are two core changes to the Road Transport (Driver Licensing) Regulation 2017 that will impact overseas drivers from 1 July 2023.
The first change is a six-month residency rule whereby temporary visa holders who intend to reside continuously within NSW for six months or longer will need to convert to a NSW licence within six months if they wish to continue to drive.
The second change is a withdrawal of driving privileges, a new arrangement that will start for all persons in NSW driving on an overseas driver’s licence. Through this change, Transport for NSW will permanently withdraw a person’s visiting driver privileges if they:
- accrue 13 demerit points, or
- are convicted of a serious driving offence (listed under section 224 of the Road Transport Act 2013), or;
- are suspended or disqualified from driving a motor vehicle in any part of Australia or another country; or
- are convicted of a drug or alcohol-related driving offence.
If these overseas licence holders wish to drive again in NSW, they will be required to obtain a NSW driver licence once they have completed their suspension or disqualification period (whatever is applicable). They will not be permitted to drive again in NSW using their overseas licence.
By capturing their details in our state-wide database DRIVES, we will also be able to better regulate their driver behaviour.
Six-month residency rule
From 1 July 2023, penalties will apply to a temporary visa holder who has resided in NSW for a continuous period of six months or more, and who continues to drive in NSW on their overseas licence. They will be considered to be driving a vehicle unlicenced.
It is proposed that a fine of $603 will apply for a first offence and a fine of $924 will apply for a second or subsequent offence. A maximum penalty of $2200 (20 penalty units) may be imposed by a court.
In this scenario, Person A arrives in NSW on 1 July 2023. Person A resides continuously in NSW from 1 July 2023 and intends to stay longer than six months. To continue driving in NSW, they are required to obtain a NSW driver licence by 1 January 2024.
If Person A does not convert their overseas licence to a NSW licence by 1 January 2024, they will not be licenced to drive on NSW roads and penalties will apply.