Temporary visa holders and foreigners driving in NSW face tough new rules

Overseas drivers licences won’t keep law-breaking international drivers behind the wheel for much longer, with tough new road rules meaning they can’t dodge demerits. And some will have to take NSW drivers’ tests.

International drivers using their overseas licences to flout NSW road rules will finally be subjected to tougher road rules from July 1, with some drivers from countries like China and India forced to sit NSW driver’s licence tests.

The crackdown on foreign drivers closes a loophole that had allowed some to keep their licences even if they had accrued 13 demerit points or were convicted of a serious road offence.

Last year the previous Perrottet Government had tried to clamp down on the issue, but were forced to delay amid a Covid-related backlog in administering driver‘s licence tests.

But now, after amendments were made to state regulations, the State Government plans to proceed with changes to make temporary visa holders from certain countries — who have lived here for six months — sit the same knowledge and practical test that everyone else faces.

But unlike locals, they won’t have to do logbook hours.

NRMA spokesman Peter Khoury welcomes the “consistency” of the changes. Picture: NCA NewsWire/Bianca De Marchi

The NRMA hailed the changes as a commonsense approach that “closed a loophole” and provided consistency for everyone.

It will hit foreigners who arrive after July 1 and have come from a certain list of “non-recognised” countries such as China, India, Pakistan or Nepal. Those coming from recognised countries like Japan, Singapore or Germany will still have to convert their licence, but won’t sit the test.

“Under the new arrangements, temporary visa holders will need to convert to a NSW licence if they have resided continuously in NSW for six months and wish to continue driving,” a Transport for NSW spokeswoman said.

NSW Police supplied picture showing police pulling over Rajabali Atoev after he was caught doing 280km in a Volkswagen on the Hume Hwy outside Mittagong. Picture: Supplied

Overseas drivers will also lose visiting driver privileges if they accrue 13 demerit points, are convicted of a serious driving offence, disqualified from driving by a court, or commit certain speeding or drug and alcohol-related driving offences.

“Currently, an overseas licence holder who accrues 13 demerit points or who commits a serious driving offence can drive on their overseas licence after they have served any relevant suspension or disqualification period,” the spokeswoman said.

“Under the change, these licence holders will have their visiting driving privileges permanently withdrawn.

“If they wish to drive again in NSW, they will be required to apply for a NSW driver‘s licence.”

NRMA spokesman Peter Khoury said most people would welcome the changes as “commonsense”.

“What you want is consistency, the same rules for everyone,” he said.

“There was a loophole that the previous government acknowledged needed to be closed

“You can’t have a situation where someone had demonstrated very serious poor behaviour behind the wheel, and continued to be able to drive on their overseas licence.”

Rajabali Atoev was given an 18-month community correction order and banned from driving for 18 months. He had prior speeding matters on his record and had been driving on an international licence

Just last week, a driver on an international drivers’ licence faced court after being clocked at 280km on the Hume Hwy, after being in Australia for three years on a student visa.

Rajabali Atoev pleaded guilty to a charge of driving at a dangerous speed and received an 18-month community correction order and banned from driving for 18 months. He had prior speeding matters on his record.

Under the new rules, he would have had his driving privileges permanently withdrawn.

In the past authorities have faced difficulty keeping track of demerit points issued to visitors driving on foreign licences.

Since 2020, more than 2000 overseas drivers have had their visiting driver privileges withdrawn after poor behaviour on the roads.

It is estimated that there are as many as 220,000 people driving on an overseas licence who ordinarily reside in NSW, Transport estimates.

Of these approximately 100,000 hold a licence from a recognised country such as Germany, while another 120,000 individuals hold a licence from a non-recognised overseas country such as India.