(1) The following section is substituted for section 35 of the Principal Act:

"35.

(1) A person who wants to learn to drive a mechanically propelled vehicle of any category in order to pass a test for a certificate of competency may, except in such cases as may be prescribed, apply for a permit (' learner permit') licensing him or her provisionally to drive a mechanically propelled vehicle of that category in a public place.

(2) An application for a learner permit shall be -

(a) made to the licensing authority in whose functional area the applicant ordinarily resides,

(b) in accordance with the regulations under section 42, and

(c) accompanied by the appropriate fee.

(3) Where an application under subsection (2) is duly made, a learner permit shall be granted to the applicant by the licensing authority.

(4) A learner permit has effect in accordance with its terms and conditions.

(5) In a prosecution for an offence under -

(a) section 38(2), it is a defence for the defendant to show that, at the time he or she drove the vehicle, he or she held a learner permit then having effect and permitting him or her to drive the vehicle,