Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment Regulations 2000


Tasmanian Crest
Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment Regulations 2000

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Vehicle and Traffic Act 1999 .

7 August 2000

W. J. E. Cox

Lieutenant-Governor

By His Excellency's Command,

David Crean

For and on behalf of the Minister for Infrastructure, Energy and Resources

1.   Short title

These regulations may be cited as the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment Regulations 2000 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3(1) of the Principal Regulations is amended by omitting the definition of reviewable decision .

5.    Regulation 39 amended (Requirements for motor vehicles used in driving instruction)

Regulation 39 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:
(1)  For the purposes of section 14(4) of the Act, the requirements are as follows:
(a) there must be a certificate of roadworthiness in force in relation to the vehicle;
(b) the vehicle must be fitted with dual controls in such a way that the controls are not likely to be operated accidentally by a person seated in the same general transverse plane as the driver of the vehicle.

6.    Regulation 55 amended (Obligation to display number plate)

Regulation 55 of the Principal Regulations is amended as follows:
(a) by omitting paragraph (b) from subregulation (2) and substituting the following paragraph:
(b) that  –
(i) no object (other than a trailer to which an unobscured number plate is correctly affixed) over or in the vicinity of a number plate obscures or reduces the visibility of the number plate; and
(ii) a number plate has no reflective or other characteristics that would prevent the production of a clear photograph of the number plate by a photographic detection device.
(b) by omitting from subregulation (4) "a registered motor vehicle or trailer" and substituting "a motor vehicle or a trailer";
(c) by inserting the following subregulation after subregulation (6) :
(7)  A person may be charged with, found guilty and convicted of an offence under subregulation (4) whether or not the relevant motor vehicle or trailer was registered at the time of the offence.

7.    Regulation 71 amended (Clearance of vehicle defect notice)

Regulation 71 of the Principal Regulations is amended as follows:
(a) by omitting from subregulation (2) ", in the case of a major defect notice,";
(b) by inserting in subregulation (4) "vehicle" after "minor".

8.    Regulation 74 amended (Trade plates)

Regulation 74(3)(c) of the Principal Regulations is amended by inserting "or renewal" after "also for the issue".

9.    Part 7 rescinded

Part 7 of the Principal Regulations is rescinded.

10.    Schedule 1 amended (Fees)

Schedule 1 to the Principal Regulations is amended as follows:
(a) by inserting in item 35 "or renewal" after "Issue";
(b) by omitting from item 39 "major";
(c) by omitting from paragraph (h) of the note for item 40 "major".

11.    Schedule 2 amended (Demerit Points Offences)

Schedule 2 to the Principal Regulations is amended by omitting item 177 and substituting:

177. 

1st year provisional licence holder fail to display clearly visible P-plates as required

DLVR 9(6)

1

L060

12.    Schedule 3 rescinded

Schedule 3 to the Principal Regulations is rescinded.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 11 August 2000

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000  in order to –
(a) strengthen provisions relating to the clearance of minor vehicle defect notices and the display of number plates; and
(b) correct an anomaly in the provisions relating to motor vehicles used by professional driving instructors; and
(c) remove the administrative review provisions consequent on the making of other, specialised, regulations that make allowance for such review; and
(d) make minor corrections.