NSW cracks down on foreign visa-holder drivers from China, India

New South Wales has introduced changes that close a loophole for drivers with overseas licences who flout the law. Foreign visa-holders are now required to sit a NSW driver licence test within six months of arrival.

Visa-holding drivers from China, India, Pakistan, and Nepal – who stay in New South Wales for longer than six months – will soon be required to pass a driving test and obtain a NSW licence to legally drive on local roads.

Until now, the wording of the legal requirements for foreign drivers – especially those on visas for education, employment or tourism – was open to interpretation and misuse.

The loophole enabled drivers to clock up enough traffic fines to amount to a loss of licence in NSW – but still be allowed to drive locally on a foreign licence.

However, that loophole has now been closed.

From 1 July 2023, motorists from these countries will be required to sit a NSW driving test to legally drive in the state. The new rules also close a loophole used to avoid demerit points.

The outgoing legislation allowed foreign drivers to retain their driving privileges, even after receiving 13 demerit points or being convicted of a serious road offence – actions that would normally result in a loss of licence for NSW residents.

Drivers on foreign licences will now be subjected to the same limit of 13 demerit points before being disallowed on NSW roads.

The new rules were announced in August 2022 and were meant to come into effect in November 2022.

But the NSW Government was forced to delay the rollout of the new requirements due to the backlog of driver licence tests caused by COVID lockdowns, according to a report by Sydney newspaper The Daily Telegraph.

Drivers from the aforementioned countries will not be required to log the 120-hour minimum logbook – a condition for for novice drivers in the state.

And the new rules will also allow more time for foreign drivers to obtain a NSW licence. Previously there was a deadline of three months from arrival, now there is a deadline of six months.

MORE: Do I need an International Driver’s Licence to drive overseas?

NSW Transport has also retained a list of ‘recognised’ countries – including the United Kingdom, Germany, Japan, and Singapore – that don’t require a test to be completed for a licence to be converted due to the higher threshold for passing a driver test in those countries.

It’s estimated there are approximately 120,000 people in NSW driving on licences from China, India, Pakistan, and Nepal.

In November 2022, NSW Police caught a foreign driver in a Volkswagen Golf R travelling at 280km/h (pictured above) along a posted 110km/h stretch of the Hume Highway.

Despite being in Australia on a student visa, the man was using an international driver licence and had a record of speeding during his three years in the country, The Daily Telegraph reported.

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