Tuvalu Island Courts Bench Book - Federal Court of Australia

Breach of provisional driving license
Section s14(3) Traffic Act (Cap 71)
Description
Any person who has a current provisional license and who does not
comply with any of the conditions contained as part of that license is
guilty of an offence.
Elements • The person named in the charge is the same person who is
appearing in Court;
• The person has a provisional driving license;
• The person has not complied with one or more of the
conditions on which the license was granted.
Commentary
Burden and standard of proof
The prosecution must prove all the elements beyond reasonable
doubt. If the defence establishes to your satisfaction that there is a
reasonable doubt, then the prosecution has failed.
Identification
In Court, the prosecution should identify the person charged by
clearly pointing out that person in Court.
The prosecution must provide evidence to prove that it was the
accused who did not comply with the conditions of their provisional
license.
Provisional license
The prosecution must show that the accused had a provisional
driving license.
Conditions of license
The conditions of the license are provided for within the Traffic
Regulations as may be amended from time to time: reg 15 Traffic
Regulations. The prosecution must provide evidence of the
conditions of the accused’s provisional license and that the accused
did not comply with one or more of those conditions.
Tuvalu Island Courts Bench Book June 2004