Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment Regulations 2010

Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment Regulations 2010

I, the 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 .

28 June 2010

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

LARA GIDDINGS

Minister for Infrastructure

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment Regulations 2010 .

2.   Commencement

(1)  Except as provided by this regulation, these regulations take effect on the day on which their making is notified in the Gazette.

(2)  Part 3 is taken to have taken effect on 7 June 2010.

PART 2 - Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 Amended

3.   Principal Regulations

In this Part, the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3(1) of the Principal Regulations is amended as follows:

(a) by omitting "or" fourth occurring from paragraph (a) of the definition of auto-parts dismantler ;

(b) by omitting "or" fourth occurring from paragraph (b) of the definition of auto-parts dismantler ;

(c) by inserting the following definition after the definition of dealer :

DLVR means these regulations;

(d) by inserting the following definition after the definition of roadworthy :

RR means the Road Rules 2009 ;

(e) by inserting the following definition after the definition of special-interest vehicle :

TA means the Traffic Act 1925 ;

(f) by inserting the following definitions after the definition of vintage vehicle :

VSR means the Vehicle and Traffic (Vehicle Standards) Regulations 2001 ;

VT means the Vehicle and Traffic Act 1999 ;

5.    Regulation 19 amended (Eligibility)

Regulation 19(12) of the Principal Regulations is amended by omitting " subregulation (4)(b) " and substituting " subregulation (8)(b) ".

6.    Regulation 35 amended (Demerit points)

Regulation 35 of the Principal Regulations is amended by omitting subregulation (3) .

7.    Regulation 57 amended (Registration of motor vehicles and trailers)

Regulation 57 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (3) " subregulation (2)(ba)(i) " and substituting " subregulation (2)(c)(i) ";

(b) by omitting from subregulation (4) " subregulation (2)(ba)(i) " and substituting " subregulation (2)(c)(i) ".

8.    Regulation 60 amended (Recording of registration)

Regulation 60(1)(a)(iii) of the Principal Regulations is amended by omitting "holder's" and substituting "registered operator's".

9.    Regulation 114 amended (General exemptions)

Regulation 114(a) of the Principal Regulations is amended as follows:

(a) by omitting from subparagraph (i) "Crown;" and substituting "Crown; or";

(b) by omitting from subparagraph (ii) "Commission;" and substituting "Commission; or";

(c) by omitting from subparagraph (iii) "institution;" and substituting "institution; or".

10.    Schedules 1 and 2 amended

Schedules 1 and 2 to the Principal Regulations are rescinded and the following Schedules are substituted:

SCHEDULE 1 - Fees

Regulation 128

	Division 1 – Licence fees
Col 1 - Item No.	Col 2 - Fee Category	Col 3 - Fee Units	Col 4 - Legislative Reference
1.	Issue of a learner licence	20.76	DLVR 20(1)(f)
2.	Issue of a P1 provisional licence –
	(a) in the case of a pensioner, a person with a severe disability or the parent or guardian of a person with a severe disability who has not attained the age of 16 years	13.76	DLVR 20(1)(f)
	(b) in any other case	20.76	DLVR 20(1)(f)
3.	Issue of a P2 provisional licence –
	(a) in the case of a pensioner, a person with a severe disability or the parent or guardian of a person with a severe disability who has not attained the age of 16 years	13.76	DLVR 20(1)(f)
	(b) in any other case	20.76	DLVR 20(1)(f)
4.	Issue or renewal of a driver licence (other than a learner licence or provisional licence) –		DLVR 20(1)(f) DLVR 29(1)(d)
	(a) in the case where the applicant for or holder of the licence is a pensioner, a person with a severe disability, or the parent or guardian of a person with a severe disability who has not attained the age of 16 years, and the licence is issued or renewed for:
	(i) 12 months	13.76
	(ii) 2 years	19.76
	(iii) 3 years	26.76
	(iv) 4 years	32.76
	(v) 5 years	37.76
	(b) in any other case where the licence is issued or renewed for –
	(i) 12 months	20.76
	(ii) 2 years	33.76
	(iii) 3 years	46.76
	(iv) 4 years	59.76
	(v) 5 years	71.76
5.	Issue of a driver licence to a person whose driver licence has been cancelled	25 (in addition to the fee prescribed above)	DLVR 20(1)(f)
6.	Issue of a driver licence of a particular class in the hierarchy of licence classes on the surrender of a licence of a lower class –		DLVR 20(1)(f)
	(a) if the licence is issued only for the balance of the term of the earlier licence	12 plus a further 6.76 for the issue of a new licence document
	(b) if the licence is simultaneously renewed for a further term	12 in addition to the fee for renewal
7.	Testing or assessing a person’s ability to drive a motor vehicle –		DLVR 21(6)(a)(ii) & (b) DLVR 30(6)
	(a) in the case of a class “C” driver licence where the person is not a novice driver	26
	(b) in the case of a class “C” driver licence where the person is a novice driver in the L1 stage	42.7
	(c) in the case of a class "C" driver licence where the person is a novice driver in the L2 stage	55.59
	(d) in the case of a class “R” driver licence	26
	(e) in any other case	30
8.	Issue of a duplicate driver licence –		DLVR 138(6)(c)
	(a) in the case of a pensioner, a person with a severe disability, or the parent or guardian of a person with a severe disability who has not attained the age of 16 years	12.76
	(b) in any other case	16.76
9.	Issue of a replacement driver licence	6.76	DLVR 138(6)(c)

	Division 2 – Fees for ancillary certificates
Col 1 - Item No.	Col 2 - Fee Category	Col 3 - Fee Units	Col 4 - Legislative Reference
10.	Issue or renewal of a public passenger vehicle ancillary certificate	12	DLVR 20(1)(f) & 29(1)(d) as applied by DLVR 39(2)
11.	Issue or renewal of an ancillary certificate in driving instruction	30	DLVR 20(1)(f) & 29(1)(d) as applied by DLVR 39(2)
12.	Testing or assessing a person’s ability to provide driving instruction	50	DLVR 21(6) & 30(6) as applied by DLVR 39(2)
13.	Issue of a duplicate ancillary certificate or duplicate identification card	10	DLVR 138(6)(c)
14.	Issue of a replacement ancillary certificate or replacement identification card	10	DLVR 138(6)(c)

	Division 3 – Vehicle registration fees
Col 1 - Item No.	Col 2 - Fee Category	Col 3 - Fee Units	Col 4 - Legislative Reference
15.	Registration or renewal of registration of a motor vehicle (other than a motor cycle) with a GVM not exceeding 4.5 tonnes for a period of 12 months –		DLVR 56(1)(h) DLVR 67(1)(c)
	(a) in the case of a pensioner, a person with a severe disability, or the parent or guardian of a person with a severe disability who has not attained the age of 16 years	34 (includes a registration fee of 24 plus the amount which represents the “rounded indexed amount” in section 77L of the Fire Service Act 1979)
	(b) in the case of any other person	61 (includes a registration fee of 46 plus the amount which represents the “rounded indexed amount” in section 77L of the Fire Service Act 1979)
16.	Registration or renewal of registration of a motor vehicle (other than a motor cycle) with a GVM exceeding 4.5 tonnes for a period of 12 months	61 (includes a registration fee of 46 plus the amount which represents the “rounded indexed amount” in section 77L of the Fire Service Act 1979)	DLVR 56(1)(h) DLVR 67(1)(c)
17.	Registration or renewal of registration of a motor cycle for a period of 12 months –		DLVR 56(1)(h) DLVR 67(1)(c)
	(a) in the case of a pensioner	23
	(b) in the case of any other person	46
18.	Registration or renewal of registration of a trailer with a GVM not exceeding 4.5 tonnes for a period of 12 months –		DLVR 56(1)(h) DLVR 67(1)(c)
	(a) in the case of a pensioner, a person with a severe disability, or the parent or guardian of a person with a severe disability who has not attained the age of 16 years	10
	(b) in the case of any other person	20
19.	Registration or renewal of registration of a trailer with a GVM exceeding 4.5 tonnes for a period of 12 months	20	DLVR 56(1)(h) DLVR 67(1)(c)
20.	Administrative fee –		DLVR 56(1)(h) DLVR 67(1)(c)
	(a) for seasonal registration or renewal of seasonal registration of a heavy vehicle	5
	(b) for registration or renewal of registration of a heavy vehicle for a period of 3 months or 6 months	5
	(c) for registration or renewal of registration of a light vehicle for a period of 6 months –
	(i) in the case of a pensioner, a person with a severe disability, or the parent or guardian of a person with a severe disability who has not attained the age of 16 years	2.5
	(ii) in the case of any other person	5
21.	Issue of a set of number plates for a motor vehicle (other than a motor cycle)	13.5	DLVR 56(1)(h) DLVR 67(1)(c) DLVR 69(4)
22.	Issue of a number plate for a trailer	11.5	DLVR 56(1)(h) DLVR 67(1)(c) DLVR 69(4)
23.	Issue of a number plate for a motor cycle	11.5	DLVR 56(1)(h) DLVR 67(1)(c) DLVR 69(4)
24.	Issue of a bicycle rack number plate for a motor vehicle (other than a motor cycle) or a trailer	11.5	DLVR 62(5)
25.	Issue of a set of duplicate number plates for a motor vehicle (other than a motor cycle)	51.5	DLVR 138(6)(c)
26.	Issue of a duplicate number plate for a motor cycle or a trailer	51.5	DLVR 138(6)(c)
27.	Issue of a set of replacement number plates for a motor vehicle (other than a motor cycle)	13.5	DLVR 138(6)(c)
28.	Issue of a replacement number plate for a motor cycle or a trailer	11.5	DLVR 138(6)(c)
29.	Issue of a duplicate or replacement certificate of registration or registration label	10	DLVR 138(6)(c)
30.	Inspection fees for registration purposes in the case of –		VT 58A DLVR 54(2) DLVR 56(3)
	(a) a bus	50
	(b) a heavy vehicle	35
31.	Transfer of registration fee for a motor vehicle (including a motor cycle)	18	DLVR 69(5)(b) DLVR 69(6)(b)(ii)
32.	Transfer of registration fee for a trailer	18	DLVR 69(5)(b) DLVR 69(6)(b)(ii)
33.	Issue or renewal of a trade plate certificate	30	DLVR 91(3)(c)
34.	Issue or renewal of a trade plate	11.5	DLVR 91(3)(c)
35.	Issue of a replacement trade plate	11.5	DLVR 138(6)(c)
36.	Issue of a short term unregistered vehicle permit	6	DLVR 92(3)(c)
37.	Inspection fees for clearing a vehicle defect notice –		VT 58A DLVR 88
	(a) in the case of a complete roadworthiness inspection of –
	(i) a bus	50
	(ii) a heavy vehicle	35
	(b) in any other case	10
38.	Inspection fees in the case of a random inspection of –		VT 58A VT 50(1)
	(a) a bus	50
	(b) a heavy vehicle	35
	Note: This item extends to any inspection carried out under the Act or these regulations except the following:
	(a) an inspection carried out in relation to an application for registration, or renewal of registration, of a vehicle;
	(b) an inspection carried out in relation to the clearance of a vehicle defect notice;
	(c) an inspection carried out under a vehicle inspection program.
39.	Inspection fees in the case of an inspection under a vehicle inspection program of –		VT 58A DLVR 102(1)
	(a) a large passenger vehicle that is registered as a public passenger vehicle or a hire and drive vehicle	35
	(b) a small passenger vehicle that is registered as a public passenger vehicle	25
40.	Inspection fee for assessing the clearance of a written-off vehicle label	113.5	DLVR 81(4)

	Division 4 – Motor tax fee
Col 1 - Item No.	Col 2 - Fee Category	Col 3 - Fee Units	Col 4 - Legislative Reference
41.	Issue of a temporary upgrade permit	25	DLVR 110(2)(d)

	Division 5 – Fee for supply of information
Col 1 - Item No.	Col 2 - Fee Category	Col 3 - Fee Units	Col 4 - Legislative Reference
42.	Issue of a certificate containing information from the register	10	DLVR 126(1)

SCHEDULE 2 - Demerit Points Offences

Regulation 35

INDEX

PART 1 – NATIONAL SCHEDULE OF DEMERIT POINTS OFFENCES

Driving contrary to minor defect notice

Driving contrary to major defect notice or prohibition on use

Failing to dip headlights

Following too closely

Driving at night without lights

Exceeding speed-limit

Improperly overtaking or passing

Turning or stopping without signalling

Turning improperly

Failing to keep left

Disobeying traffic signal

Disobeying stop or give way sign or line, or police directing traffic

Failing to give way

Failing to stop or give way at pedestrian, children’s or level crossing

Driving without seatbelts

Driving with unrestrained passengers

Failing to wear helmet

Failing to keep left of dividing line(s) or median strip

Driving carelessly or negligently

PART 2 – SCHEDULE OF RECOGNISED INTERSTATE DEMERIT POINTS OFFENCES

Note: There are no offences prescribed.

PART 3 – SCHEDULE OF LOCAL DEMERIT POINTS OFFENCES

Disobeying sign/road marking

Failing to give way

Heavy vehicle signs

Seatbelts

Speeding

Miscellaneous

PART 1 – NATIONAL SCHEDULE OF DEMERIT POINTS OFFENCES

Col 1	Col 2	Col 3	Col 4
Item	Offence	Legislation creating offence	Demerit points
	Driving contrary to minor defect notice
1.	Fail to comply with minor vehicle defect notice	DLVR 89(2)	1
2.	Use vehicle contrary to condition in minor defect notice	DLVR 89(3)	1
	Driving contrary to major defect notice or prohibition on use
3.	Fail to comply with major vehicle defect notice	DLVR 89(1)	3
4.	Use vehicle contrary to condition in major defect notice	DLVR 89(3)	3
5.	Use/permit use of motor vehicle or trailer on public street contrary to prohibition on use	VT 32	3
	Failing to dip headlights
6.	Use/allow high-beam headlights within 200 metres of moving vehicle	RR 218(1)	1
7.	Use/allow use of lights likely to dazzle another road user	RR 219	1
	Following too closely
8.	Follow another vehicle too closely to stop safely	RR 126	1
9.	Long vehicle driver fail to keep required minimum distance behind another long vehicle	RR 127(1)	1
	Driving at night without lights
10.	Drive at night or in weather reduced visibility conditions without head/tail/number plate lights effectively operating and visible	RR 215(1)(a)	1
11.	Drive at night or in weather reduced visibility conditions without clearance/side marker lights effectively operating and visible	RR 215(1)(b)	1
12.	Tow vehicle at night or in weather reduced visibility conditions without lights as required on towed vehicle	RR 216(1)	1
	Exceeding speed-limit
13.	Exceed applicable speed-limit applying to driver for length of road by less than 15 km/h	RR 20	2
14.	Exceed applicable speed-limit applying to driver for length of road by 15 km/h or more but less than 30 km/h	RR 20	3
15.	Exceed applicable speed-limit applying to driver for length of road by 30 km/h or more but less than 38 km/h	RR 20	5
16.	Exceed applicable speed-limit applying to driver for length of road by 38 km/h or more but less than 45 km/h	RR 20	6
17.	Exceed applicable speed-limit applying to driver for length of road by 45 km/h or more	RR 20	6
	Improperly overtaking or passing
18.	Drive past a no overtaking or passing sign when oncoming vehicle on bridge/road	RR 93(1)(a)	2
19.	Overtake vehicle on bridge/road contrary to no overtaking or passing sign	RR 93(1)(b)	2
20.	Overtake on bridge contrary to no overtaking on bridge sign	RR 94	2
21.	Overtake when unsafe and when no clear view of any approaching traffic	RR 140	2
22.	Driver (other than cyclist) overtake to left of vehicle when not permitted	RR 141(1)	2
23.	Driver overtake to right of vehicle indicating turning right or doing U-turn	RR 142 (1)	2
24.	Pass/overtake (when unsafe) to left of vehicle with do not overtake turning vehicle sign that is indicating turning left	RR 143(1)	2
25.	Pass/overtake (when unsafe) to right of vehicle with do not overtake turning vehicle sign that is indicating turning right, or doing U-turn	RR 143(2)	2
26.	Overtake too close to another vehicle	RR 144(a)	2
27.	Cut in front of vehicle after overtaking	RR 144(b)	2
	Turning or stopping without signalling
28.	Fail to give required left change of direction signal	RR 46(1)	2
29.	Fail to give required right change of direction signal	RR 48(1)	2
30.	Fail to give required stop signal	RR 53(1)	2
31.	Fail to give sufficient stop signal on stopping	RR 53(2)	2
32.	Fail to give stop signal when suddenly slowing	RR 53(3)	2
33.	Fail to give sufficient left change of direction signal before entering roundabout (when leaving at first exit)	RR 112(2)	2
34.	Fail to continue left change of direction signal (when leaving at first exit of roundabout)	RR 112(3)	2
35.	Fail to give sufficient right change of direction signal before entering roundabout (when travelling more than halfway through)	RR 113(2)	2
36.	Fail to continue right change of direction signal (when travelling more than halfway through roundabout)	RR 113(3)	2
37.	Fail to indicate left-change of lane/traffic line in roundabout	RR 117(1)	2
38.	Fail to indicate right-change of lane/traffic line in roundabout	RR 117(2)	2
39.	Fail to indicate left when leaving roundabout (if practicable)	RR 118(1)	2
	Turning improperly
40.	Fail to keep left when starting left hand turn (from other than multi-lane road)	RR 27(1)	2
41.	Fail to approach and enter from within left lane (unless otherwise permitted) when turning left from multi-lane road	RR 28(1)	2
42.	Fail to approach and enter from within slip lane (unless obstructed) when turning left at intersection from multi-lane road with slip lane	RR 28(1A)	2
43.	Fail to make left hand turn at intersection as indicated by turn line	RR 29(1)	2
44.	Start right hand turn incorrectly (from other than multi-lane road)	RR 31(1)	2
45.	Fail to approach and enter from within right lane (unless otherwise permitted) when turning right at intersection from multi-lane road	RR 32(1)	2
46.	Make right hand turn incorrectly	RR 33(1)	2
47.	Fail to make hook turn correctly at hook turn only sign	RR 34(1)	2
48.	Start U-turn without clear view and when could unreasonably obstruct traffic	RR 37	2
49.	Make U-turn contrary to no U-turn sign (at dividing strip)	RR 39(1)	2
50.	Make U-turn contrary to no U-turn sign (along road)	RR 39(2)	2
51.	Make U-turn at intersection with traffic lights without U-turn permitted sign	RR 40	2
52.	Make U-turn at intersection without traffic lights (contrary to no U-turn sign)	RR 41	2
53.	Start U-turn at intersection from incorrect position	RR 42	2
54.	Fail to turn left at left turn only sign	RR 88(1)	2
55.	Fail to turn left when entering intersection in left lane must turn left sign lane	RR 88(2)	2
56.	Fail to turn right at right turn only sign	RR 89(1)	2
57.	Fail to turn right when entering intersection in right lane must turn right sign lane	RR 89(2)	2
58.	Turn at no turns sign	RR 90	2
59.	Turn left at no left turn sign	RR 91(1)	2
60.	Turn right at no right turn sign	RR 91(2)	2
61.	Make U-turn at no right turn sign	RR 91(2)	2
	Failing to keep left
62.	Fail to keep left of central traffic island in roundabout	RR 115(1)(a)	2
63.	Fail to keep to left of centre of traffic island in roundabout (where vehicle too large to drive in roundabout without driving on edge of central traffic island)	RR 115(1)(b)	2
64.	Fail to keep to left of centre of traffic island (where vehicle too large to drive in roundabout without driving over central traffic island)	RR 115(1)(c)	2
65.	Driver (other than motor bike rider) fail to keep to far left side of road (except on multi-lane road)	RR 129(1)	2
66.	Drive in a right hand lane on multi-lane road (in an over 80 km/h zone or with keep left unless overtaking sign) when not permitted	RR 130(2)	2
67.	Fail to keep left of oncoming vehicles as required unless rider of postal vehicle, bicycle or animal riding on path or nature strip	RR 131(1)	2
68.	Fail to keep left of centre of road (when no dividing line/median strip)	RR 132(1)	2
	Disobeying traffic signal
69.	Fail to stop as required on red traffic light	RR 56(1)	3
70.	Fail to stop as required on red traffic arrow	RR 56(2)	3
71.	Fail to stop on yellow traffic light when could have done so safely and/or proceed before permitted	RR 57(1)	3
72.	Fail to stop on yellow traffic arrow when could have done so safely and/or proceed before permitted	RR 57(2)	3
73.	Enter intersection contrary to red traffic light	RR 59(1)	3
74.	Enter intersection or marked foot crossing contrary to red traffic arrow	RR 60	3
75.	Driver of motor vehicle enter bicycle storage area contrary to red traffic light	RR 60A(1)	3
76.	Driver of motor vehicle enter bicycle storage area contrary to red traffic arrow	RR 60A(2)	3
77.	Proceed against yellow/red traffic light/arrow after having stopped before entering intersection	RR 61(2)	3
78.	Fail to give way as required when turning at flashing yellow traffic arrow at intersection	RR 64	3
79.	Fail to stop as required at twin red lights (other than at level crossing)	RR 66(1)	3
80.	Proceed through twin red lights after stopping (other than at level crossing) with lights still showing	RR 66(4)	3
81.	Fail to comply with overhead lane control device	RR 152(1)	3
82.	Public bus driver fail to stop as required at red B light	RR 281	3
83.	Public bus driver fail to stop as required at yellow B light	RR 282	3
84.	Public bus driver unlawfully proceed through red/yellow B light (after having stopped)	RR 284	3
85.	Public bus driver (having stopped before entering intersection) proceed before permitted by light/arrow to do so	RR 286(2)	3
86.	Public bus driver (already stopped in intersection) fail to proceed as soon as safely possible after B light/arrow changes to yellow/red	RR 286(3)	3
	Disobeying stop or give way sign or line, or police directing traffic
87.	Fail to stop and give way as required at a stop sign/line (at intersection without traffic lights)	RR 67(1)	3
88.	Fail to stop and give way as required at a stop sign/line (other than at intersection, children’s crossing, level crossing or twin red lights)	RR 68(1)	3
89.	Fail to give way as required at give way sign/line at intersection (other than a roundabout)	RR 69(1)	3
90.	Fail to give way at give way sign on bridge/narrow road	RR 70	3
91.	Fail to give way as required at give way sign/line (other than at intersection, bridge, narrow road, level crossing, twin red lights)	RR 71(1)	3
92.	Fail to stop before reaching hand-held stop sign (other than at children’s crossing)	RR 101(1)	3
93.	Proceed past hand-held stop sign before permitted to do so (other than at children’s crossing)	RR 101(2)	3
94.	Fail to obey reasonable direction by police/authorised person for safe and efficient traffic regulation	RR 304(1)	3
	Failing to give way
95.	Fail to give way when making U-turn	RR 38	3
96.	Fail to give way when turning at intersection with traffic lights except on green traffic arrow	RR 62	3
97.	Fail to give way at intersection where traffic lights not wholly operating (with traffic light-stop sign displayed)	RR 63(2)	3
98.	Fail to give way as required at intersection (not roundabout) where traffic lights not wholly operating or only flashing yellow (and no traffic light-stop sign displayed)	RR 63(3)	3
99.	Fail to give way as required at uncontrolled/unsigned intersection (other than T-intersection or roundabout)	RR 72(1)	3
100.	Fail to give way as required at uncontrolled/unsigned T-intersection	RR 73(1)	3
101.	Fail to give way as required to vehicle (other than one turning right from road-related area/adjacent land) when entering (uncontrolled/ unsigned) road from road-related area/adjacent land	RR 74(1)(a)	3
102.	Fail to give way to any pedestrian on road when entering (uncontrolled/ unsigned) road from road-related area/adjacent land	RR 74(1)(b)	3
103.	Fail to give way to any vehicle/pedestrian on road-related area crossed when entering (uncontrolled/ unsigned) road from road-related area/adjacent land	RR 74(1)(c)	3
104.	Fail to give way when entering (uncontrolled/ unsigned) road from road-related area to pedestrian on the road-related area	RR 74(1)(d)(i)	3
105.	Fail to give way when entering (uncontrolled/unsigned) road from road-related area to vehicle ahead or approaching from left or right	RR 74(1)(d)(ii)	3
106.	Fail to give way to any pedestrian on road when entering road-related area/adjacent land from uncontrolled/unsigned road	RR 75(1)(a)	3
107.	Fail to give way as required to any vehicle/pedestrian on road-related area	RR 75(1)(b)	3
108.	Fail to give way to oncoming vehicle when turning right into road-related area/adjacent land	RR 75(1)(c)	3
109.	Fail to give way as required to vehicle on continuing road at T-intersection	RR 75(1)(d)	3
110.	Fail to give way as required to signed signalling bus pulling out	RR 77(1)	3
111.	Move into path of police/emergency vehicle displaying flashing red/blue light or sounding alarm	RR 78(1)	3
112.	Fail to move out of path of police/emergency vehicle displaying flashing red/blue light or sounding alarm	RR 78(2)	3
113.	Fail to give way to police/emergency vehicle displaying flashing red/blue light or sounding alarm	RR 79(1)	3
114.	Driver fail to give way to pedestrian in shared zone	RR 83	3
115.	Fail to give way as required to vehicle when driving through break in (unsigned/unmarked) dividing strip	RR 84(1)	3
116.	Fail to give way to vehicle as required when entering turning lane from painted island	RR 85	3
117.	Fail to give way when entering median turning bay to oncoming vehicle already in bay	RR 86(1)	3
118.	Fail to give way to vehicle as required when entering marked lane or line of traffic from either side of road	RR 87(1)	3
119.	Fail to give way to vehicle as required when turning from median strip parking area into marked lane/line of traffic	RR 87(3)	3
120.	Fail to give way on entering roundabout to vehicle in roundabout	RR 114(1)	3
121.	Fail to give way moving from one marked lane to another	RR 148(1)	3
122.	Fail to give way moving from one line of traffic to another (when at least 2 lines of traffic travelling in same direction)	RR 148(2)	3
123.	Fail to give way when diverging (left or right) within marked lane	RR 148A	3
124.	Fail to give way when any part of other vehicle is ahead when lines of traffic merge	RR 149	3
125.	Driver on path (other than cyclist or driver entering a road from a road-related area or adjacent land or vice versa) fail to give way to other road users/animals on path	RR 288(4)	3
126.	Driver on nature strip (other than animal rider or driver entering a road from a road-related area or adjacent land or vice versa) fail to give way to other road users/animals on nature strip	RR 289(2)	3
	Failing to stop or give way at pedestrian, children’s or level crossing
127.	Fail to give way to any pedestrian on marked foot crossing with flashing yellow traffic light (other than at/near intersection)	RR 65(2)(a)	3
128.	Obstruct pedestrian on marked foot crossing with flashing yellow traffic light (other than at/near intersection)	RR 65(2)(b)	3
129.	Overtake/pass vehicle stopping/stopped at marked foot crossing with flashing yellow traffic light (other than at/near intersection)	RR 65(2)(c)	3
130.	Approach children’s crossing too quickly to stop safely	RR 80(1)	3
131.	Fail to stop at children’s crossing (when hand-held stop sign displayed)	RR 80(2)(a)	3
132.	Fail to stop at children’s crossing (when pedestrian on/entering crossing)	RR 80(2)(b)	3
133.	Proceed through children’s crossing when pedestrian is on or entering crossing and before hand-held stop sign no longer displayed or before being signalled to do so	RR 80(3)	3
134.	Proceed through children’s crossing while pedestrian is on or is entering the crossing	RR 80(4)	3
135.	Approach pedestrian crossing too quickly to stop safely	RR 81(1)	3
136.	Fail to give way to pedestrian on pedestrian crossing	RR 81(2)	3
137.	Overtake/pass a vehicle stopping/stopped at children’s/pedestrian crossing	RR 82	3
138.	Fail to stop and give way at stop sign at level crossing	RR 121	3
139.	Fail to give way at level crossing with give way sign/line	RR 122	3
140.	Enter level crossing (with warning lights operating or warning bells ringing)	RR 123(a)	3
141.	Enter level crossing (with gate/boom/barrier in any stage of operation)	RR 123(b)	3
142.	Enter level crossing when train entering	RR 123(c)	3
143.	Enter level crossing (when approaching train can be seen/heard and danger of collision)	RR 123(d)	3
144.	Enter level crossing (when blocked or road beyond blocked)	RR 123(e)	3
	Driving without seatbelts
145.	Driver fail to wear properly adjusted and fastened seatbelt (when vehicle moving/stationary, but not parked)	RR 264(1)	3
	Driving with unrestrained passengers
146.	Driver fail to ensure passenger aged 16 or older is restrained as required (when vehicle is moving/stationary, but not parked)	RR 265(3)	3
147.	Driver fail to ensure passenger under 16 years is restrained as required (when vehicle is moving/stationary, but not parked)	RR 266(1)	3
	Failing to wear helmet
148.	Motor bike rider fail to wear securely fitted and fastened approved motor bike helmet (when vehicle moving/stationary, but not parked)	RR 270(1)(a)	3
149.	Motor bike rider fail to ensure passenger wearing securely fitted and fastened approved motor bike helmet (when vehicle moving/stationary, but not parked)	RR 270(1)(b)	3
	Failing to keep left of dividing line(s) or median strip
150.	Fail to keep left of dividing line as required	RR 132(2)	3
151.	Driver cross dividing lines as specified to make U-turn	RR 132(2A)	3
152.	Fail to keep left of median strip (other than painted island)	RR 135(1)	3
	Driving carelessly or negligently
153.	Drive without due care and attention	RR 367(1)	3
154.	Negligent driving (having regard to all the circumstances)	TA 32(2)	3

PART 2 – SCHEDULE OF RECOGNISED INTERSTATE DEMERIT POINTS OFFENCES

Note: There are no offences prescribed.

PART 3 – SCHEDULE OF LOCAL DEMERIT POINTS OFFENCES

Col 1	Col 2	Col 3	Col 4
Item	Offence	Legislation creating offence	Demerit points
	Disobeying sign/road marking
155.	Drive in direction contrary to traffic lane arrows at intersection (other than roundabout) except as permitted	RR 92(1)	2
156.	Drive contrary to one-way sign unless rider of postal vehicle, bicycle or animal riding on path or nature strip	RR 98(1)	2
157.	Fail to keep left (contrary to keep left sign) unless rider of postal vehicle, bicycle or animal riding on path or nature strip	RR 99(1)	2
158.	Fail to keep right (contrary to keep right sign) unless rider of postal vehicle, bicycle or animal riding on path or nature strip	RR 99(2)	2
159.	Drive past no entry sign	RR 100	2
160.	Fail to obey roundabout traffic lane arrows as required	RR 116	2
161.	Cross continuous line separating 2 marked lanes (multi-lane road) when not permitted	RR 147	2
162.	Drive in bicycle lane when not permitted	RR 153(1)	2
163.	Driver cross 2 broken parallel dividing lines when not permitted	RR 371(1)	3
	Failing to give way
164.	Fail to give way as required in road-related area to vehicle converging on right	RR 368(1)	3
	Heavy vehicle signs
165.	Drive overheight vehicle past clearance or low clearance sign	RR 102(1)	2
166.	Drive vehicle past bridge load limit (gross mass) sign/gross load limit sign if in excess of displayed gross mass	RR 103(1)	2
167.	Drive vehicle past bridge load limit (mass per axle group) sign if in excess of mass indicated	RR 103(2)	2
168.	Fail to gear down as required if trucks and buses low gear sign applies	RR 108(1)	2
	Seatbelts
169.	Use motor vehicle (as driver) in contravention of vehicle standards – seatbelt requirements	VSR 4(1)(a) as regards VSR 32(2)	3
	Speeding
170.	Turn right or left at traffic lights intersection at more than 20 km/h	RR 363(1)	2
171.	Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by less than 10 km/h	RR 374(1)	2
172.	Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 10 to 14 km/h	RR 374(1)	2
173.	Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 15 to 22 km/h	RR 374(1)	3
174.	Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 23 to 29 km/h	RR 374(1)	3
175.	Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 30 to 37 km/h	RR 374(1)	5
176.	Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 38 to 44 km/h	RR 374(1)	6
177.	Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 45 km/h or more	RR 374(1)	6
	Miscellaneous
178.	Novice driver in L1 stage or L2 stage or novice rider in motor cycle learner stage fail to display clearly visible L-plates as required	DLVR 10(9)	2
179.	Learner driver (other than novice driver in L1 stage or L2 stage or novice rider in motor cycle learner stage) fail to display clearly visible L-plates as required	DLVR 10(9)	2
180.	Novice driver or novice rider in P1 stage fail to display clearly visible P-plates as required	DLVR 12(9)	2
181.	Enter marked foot crossing contrary to red traffic light	RR 59(1)	3
182.	Drive with passenger in/on part of motor vehicle not designed primarily for carriage of passengers or goods	RR 268(4A)	3
183.	Drive with passenger in/on part of motor vehicle designed primarily for goods carriage unless part is enclosed and passenger occupies suitable seating position and wears seatbelt	RR 268(4B)	3
184.	Ride motor bike with passenger who is aged under 8 years, unless in side car	RR 271(5A)	3
185.	Drive using mobile phone (when vehicle moving or stationary, but not parked) except to make or receive call from phone secured in mounting or not required to be touched, or as otherwise exempt	RR 300(1)	3

PART 3 - Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 Further Amended

11.   Principal Regulations

In this Part, the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 are referred to as the Principal Regulations.

12.    Regulation 145 inserted

After regulation 144 of the Principal Regulations , the following regulation is inserted in Part 10:

145.   Savings and transitional provisions

(1)  In this regulation –

administrative decision includes an approval, an authorisation, an acceptance, a declaration, a determination, a permission and a requirement;

commencement day means the day on which these regulations take effect;

current regulations means these regulations;

former regulations means the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 as in force immediately before the commencement day;

plate means a number plate, a trade plate or any other plate or label.

(2)  An administrative decision in force under the former regulations immediately before the commencement day is taken to be an administrative decision in force under the current regulations subject to the same terms.

(3)  A certificate, licence, permit or registration in force under the former regulations immediately before the commencement day is taken to be a certificate, licence or permit in force under the current regulations subject to the same terms.

(4)  If the suspension of a certificate, licence, permit or registration was in force under the former regulations immediately before the commencement day –

(a) the suspension is taken to be a suspension in force under the current regulations subject to the same terms; and

(b) subregulation (3) has effect with respect to the certificate, licence, permit or registration despite the suspension.

(5)  A registration number, or a plate, in force under the former regulations immediately before the commencement day is taken to be a registration number, code or plate in force under the current regulations subject to the same terms.

(6)  An exemption, waiver or exception in force under the former regulations immediately before the commencement day is taken to be an exemption, waiver or exception in force under the current regulations subject to the same terms.

(7)  A notice in force under the former regulations immediately before the commencement day is taken to be a notice in force under the current regulations subject to the same terms.

(8)  A reference in a document to the former regulations, or to a provision of the former regulations, is taken to be a reference to the current regulations, or to the equivalent provision of the current regulations.

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

Notified in the Gazette on 30 June 2010

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 2010 by –

(a) increasing, from 60 fee units to 61 fee units, the fee for 12 months' registration of a motor vehicle with a maximum loaded mass exceeding 4.5 tonnes; and

(b) providing for transitional matters consequent on the commencement of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 ; and

(c) correcting certain legislative references and making other minor amendments.