Division 2A — Competency test for riding, etc.,
on public paths
Unauthorised riding of test-needed-to-drive vehicles
23D.—(1)  An individual commits an offence if the individual —
(a)drives or rides on a public path a test‑needed‑to‑drive vehicle of a class or description;
(b)is not granted a competency test certificate from a test authority for that class or description of test‑needed‑to‑drive vehicle certifying that the individual has passed the prescribed test of competence for that class or description of vehicle; and
(c)is not excluded under subsection (2) or not exempted from this provision under section 66.
[9/2020]
(2)  Subsection (1) does not apply to —
(a)an under-aged rider riding a test‑needed‑to‑drive vehicle of a class or description on a public path; or
(b)an individual (but not an under-aged rider) riding a test‑needed‑to‑drive vehicle in circumstances prescribed in regulations.
[9/2020]
(3)  An individual who is guilty of an offence under subsection (1) shall be liable on conviction —
(a)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.
[9/2020]
Employing, etc., untested rider, etc., on public path
23E.—(1)  Subject to this Act, a person commits an offence if —
(a)the person employs, or intentionally or negligently allows, an individual to drive or ride a test‑needed‑to‑drive vehicle of a class or description on a public path;
(b)the individual in paragraph (a) is not granted a competency test certificate for that class or description of test‑needed‑to‑drive vehicle and is not excluded under section 23D(2); and
(c)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‑drive vehicle.
[9/2020]
(2)  To avoid doubt, subsection (1) does not apply to a person who carries on at any premises a business of selling test‑needed‑to‑drive 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 drive or ride a test‑needed‑to‑drive vehicle within any part of those premises not comprising a public path.
[9/2020]
(3)  A person who is guilty of an offence under subsection (1) shall be liable on conviction —
(a)to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; but
(b)where the person is a repeat offender, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
[9/2020]
Grant by test authority of competency test certificate
23F.—(1)  The test authority for a class or description of a test‑needed‑to‑drive vehicle may, on the application under subsection (2) by an individual, grant the individual a competency test certificate certifying that the individual has passed the prescribed test of competence for that class or description of vehicle if, and only if, the test authority is satisfied that the individual —
(a)has attended and successfully completed, not earlier than a prescribed time before that application is made, a prescribed test of competence relating to the class or description of test‑needed‑to‑drive vehicle which is the subject of the application; and
(b)is not below —
(i)the prescribed minimum riding age (if applicable) relating to that test‑needed‑to‑drive vehicle which is a motorised personal mobility device; or
(ii)the minimum age prescribed under section 62(1) of the Road Traffic Act 1961 where the vehicle is a test‑needed‑to‑ride‑on‑road vehicle within the meaning of that Act.
[9/2020; 12/2021]
(2)  An application for a competency test certificate must —
(a)be in the form and manner the relevant test authority requires;
(b)be accompanied by an application fee, if prescribed;
(c)state the class or description of test‑needed‑to‑drive vehicle that is the subject of the application; and
(d)contain an undertaking to take, or a declaration that the applicant has attended and successfully completed (as the case may be) a prescribed test of competence to drive or ride the class or description of test‑needed‑to‑drive vehicle which is the subject of the application.
[9/2020]
(3)  A test authority may refuse to consider an application under subsection (2) that is incomplete or not made in accordance with this section.
[9/2020]
(4)  To avoid doubt, a competency test certificate may be granted in a digital form, consisting of evidence of the grant of the competency test certificate using information relating to the individual granted the competency test certificate that is displayed on a mobile communication device or other electronic device.
[9/2020]
Validity of competency test certificate
23G.—(1)  Subject to this section, every competency test certificate granted to an individual for a class or description of test‑needed‑to‑drive vehicle remains in force —
(a)for the period specified in the competency test certificate; or
(b)for the natural life of the individual if no period in paragraph (a) is specified.
[9/2020]
(2)  A test authority may cancel a competency test certificate granted to an individual for a class or description of test‑needed‑to‑drive vehicle if —
(a)the test authority is satisfied that the competency test certificate had been obtained by the individual by fraud or misrepresentation; or
(b)the prescribed test of competence for the same class or description of test‑needed‑to‑drive vehicle has so materially changed after the grant of the competency test certificate as to affect the assessment of the individual’s continued competency to drive or ride the test‑needed‑to‑drive vehicle.
[9/2020]
(3)  A competency test certificate granted to an individual may be cancelled by a test authority under subsection (2) by the test authority giving notice to the individual concerned of the cancellation.
[9/2020]
(4)  A competency test certificate that is cancelled under subsection (2) is void from the date of cancellation specified in the notice under subsection (3).
[9/2020]
Unlawful use of competency test certificate
23H.—(1)  A person commits an offence if the person —
(a)has in the person’s possession, without lawful authority or a reasonable excuse an article so resembling a competency test certificate as to be calculated to deceive;
(b)alters a competency test certificate in a way that is calculated to deceive;
(c)dishonestly alters or uses a competency test certificate; or
(d)dishonestly lends, or allows another person to use, a competency test certificate.
[9/2020]
(2)  A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
[9/2020]