Vehicle and Traffic Act 1999

Vehicle and Traffic Act 1999

An Act to provide for the licensing of drivers of motor vehicles, to provide for the registration of motor vehicles and trailers, to provide for the imposition of motor tax and for other purposes

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Vehicle and Traffic Act 1999 .

2.   Commencement

The provisions of this Act commence on a day or days to be proclaimed.

3.   Interpretation

(1)  In this Act, unless the contrary intention appears –

[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] ADR means a national standard under the Motor Vehicle Standards Act 1989 of the Commonwealth, as amended and in force from time to time;

ancillary certificate means one of the following:

(a) a certificate authorising the holder to provide driving instruction for reward;

(b) a certificate authorising the holder to drive a public passenger vehicle;

articulated for a vehicle, means –

(a) the vehicle consists of a motor vehicle and a trailer; and

(b) the trailer is pivoted to the motor vehicle; and

(c) part of the trailer (not being a pole, drawbar or similar device) is superimposed on the motor vehicle;

Australian driver licence means a licence (including a driver licence receipt) issued under this Act or a corresponding law authorising the holder to drive a motor vehicle;

authorised officer means a person authorised by the Commission under section 9(2) of the Traffic Act 1925 to exercise the power or perform the function in reference to which the expression is used;

[Section 3 Subsection (1) amended by No. 69 of 2001, s. 4, Applied:10 Dec 2001] automatic statutory penalty means a penalty that, under an Act of this or any other State or a Territory, is imposed on an offender automatically if certain circumstances apply and not by order of a court;

axle means one or more shafts positioned in a line across a vehicle on which one or more of the wheels intended to support the vehicle turn;

bus means a motor vehicle that is designed and constructed to carry passengers and has seating capacity for more than 9 adults, including the driver;

camper van means a motor vehicle that is constructed principally for use as a dwelling;

class for an Australian driver licence, means –

(a) in the case of a driver licence issued under this Act – a class established by the regulations; and

(b) in the case of an Australian driver licence issued under a corresponding law – a class established under a corresponding law;

class A light vehicle means –

(a) a motor vehicle constructed for use primarily for the carriage of passengers (other than a bus or a motor cycle); or

(b) a camper van; or

(c) [Section 3 Subsection (1) amended by No. 40 of 2000, s. 4, Applied:14 Aug 2000] a truck with a GVM of less than 3 tonnes;

combination means a motor vehicle connected to one or more trailers;

Commission means the Transport Commission established under the Transport Act 1981 ;

Consumer Price Index means the Consumer Price Index (All Groups) for Hobart published by the Australian Bureau of Statistics or, if that Index is suspended or discontinued, any index published by the Australian Bureau of Statistics that measures price inflation for the household sector in Hobart;

Contracting State means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949;

contravention includes a failure to comply;

corresponding law means a law of another State or Territory of Australia dealing with either or both the following subjects:

(a) the driving of motor vehicles on roads;

(b) the use of motor vehicles and trailers on roads;

demerit points offence means an offence that attracts a demerit point or demerit points;

demerit points schedule means the prescribed schedule of demerit points offences setting out the number of demerit points attracted by each offence;

demerit points scheme means the scheme established by Division 4 of Part 3;

document includes a metallic, plastic or any other medium on which words, letters, numbers or symbols are written or imprinted;

driver licence means a licence (including a driver licence receipt) issued under this Act that authorises the holder of the licence to drive one or more classes of motor vehicle;

driver licence receipt means a receipt issued after an application for an Australian driver licence and payment of the applicable fee authorising the person in whose favour the receipt is issued to drive one or more classes of motor vehicle;

[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] escort vehicle means a vehicle that is being used –

(a) to transport a police officer or an authorised officer; and

(b) to warn other road users of the presence of an oversize vehicle or combination;

[Section 3 Subsection (1) amended by No. 69 of 2001, s. 4, Applied:10 Dec 2001] excessive speeding offence means a speeding offence where the prescribed speed limit is exceeded by 38km/h or more;

foreign driver licence means a licence –

(a) issued under the law of a foreign country; and

(b) held by an international visitor who is ordinarily resident in that country; and

(c) authorising the holder of the licence to drive a motor vehicle in that country;

full licence means an Australian driver licence that is neither a learner licence nor a provisional licence;

goods means any object, material or substance and includes an animal or a bird;

[Section 3 Subsection (1) amended by No. 22 of 2001, s. 4, Applied:01 Nov 2001]

[Section 3 Subsection (1) amended by No. 22 of 2001, s. 4, Applied:01 Nov 2001] GCM for a motor vehicle, means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may be towed by it at the same time –

(a) specified by the manufacturer on an identification plate on the motor vehicle; or

(b) if there is no specification by the manufacturer on an identification plate on the motor vehicle or if the specification is not appropriate because the motor vehicle has been modified, certified by a vehicle registration authority;

[Section 3 Subsection (1) amended by No. 22 of 2001, s. 4, Applied:01 Nov 2001] GVM for a vehicle, means the maximum loaded mass of the vehicle –

(a) specified by the manufacturer on an identification plate on the vehicle; or

(b) if there is no specification by the manufacturer on an identification plate on the vehicle or if the specification is not appropriate because the vehicle has been modified, certified by a vehicle registration authority;

heavy vehicle means a motor vehicle or a trailer that has a GVM greater than 4.5 tonnes;

[Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] identification number means –

(a) a VIN; or

(b) a chassis number on a vehicle; or

(c) an engine number on a vehicle;

[Section 3 Subsection (1) amended by No. 22 of 2001, s. 4, Applied:01 Nov 2001] identification plate means a plate placed on a vehicle, authorised to be placed on a vehicle or taken to have been placed on a vehicle under the Motor Vehicle Standards Act 1989 of the Commonwealth;

international driving permit means a permit issued by –

(a) a competent authority of a Contracting State or a subdivision of such a State; or

(b) an association duly empowered by such an authority –

in accordance with the United Nations Convention on Road Traffic, Geneva, 1949;

international visitor means a person who –

(a) is ordinarily resident in a foreign country; and

(b) is not a permanent resident of Australia;

learner licence means a driver licence issued under this Act, or a licence or permit issued under a corresponding law, authorising a person to drive a motor vehicle for the purpose of learning to drive, or demonstrating capacity to drive, a motor vehicle of a particular class;

light vehicle means a motor vehicle or a trailer that is not a heavy vehicle;

manufacturer includes a manufacturer's agent;

[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] mass includes weight;

medical examination includes an examination to determine mental fitness to drive a motor vehicle;

medical practitioner means a person registered or licensed as a medical practitioner under the law of a State or Territory;

motor bike means a motor vehicle that runs on 2 wheels and, if a side-car supported by a third wheel is attached, includes the attached side-car;

motor cycle means a motor bike or a motor trike;

motor tax means tax imposed under Part 5;

motor trike means a motor vehicle that –

(a) runs on 3 wheels symmetrically arranged in relation to the vehicle's longitudinal median axis; and

(b) is constructed and controlled like a motor bike;

motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle but does not include –

(a) an aircraft; or

(b) a motor vehicle that travels only on a railway, tramway or other fixed track; or

(c) a pedal cycle with an auxiliary motor (or motors) with a power output (or combined power output) of not more than 200 watts; or

(d) a self-propelled lawn or grass mower constructed and used solely for mowing lawn or grass that is not capable of travelling at a speed of more than 10 kilometres an hour; or

(e) a self-propelled wheelchair that is not capable of travelling at a speed of more than 10 kilometres an hour; or

(f) a self-propelled vehicle –

(i) not capable of travelling at a speed of more than 10 kilometres an hour; and

(ii) designed for off-road work in construction, maintenance or warehouse operation; and

(iii) [Section 3 Subsection (1) amended by No. 104 of 2001, s. 20, Applied:01 Jan 2002] only used on a public street for the purpose of loading or unloading another vehicle, loading or unloading the vehicle onto another vehicle or manoeuvring at a work site; or

(g) a vehicle of a class excluded by regulation from the ambit of this definition;

national schedule of demerit points means the part of the demerit points schedule set apart as the national schedule of demerit points;

nominated configuration for a heavy vehicle, means the configuration nominated by the registered operator (or the applicant for registration) as the configuration in which the vehicle will be operated for the registration period;

[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] overmass means having a mass, including any load, that exceeds a prescribed mass limit under this Act;

[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] oversize means having a dimension, including any load, that exceeds a prescribed dimension limit under this Act;

passenger vehicle means a vehicle designed and constructed primarily for the carriage of passengers;

[Section 3 Subsection (1) amended by No. 7 of 2002, s. 8, Applied:01 Nov 2002] photograph includes any visual representation derived from a photographic image or process, including a digitalised electronic or computer-generated image or process;

[Section 3 Subsection (1) amended by No. 7 of 2002, s. 8, Applied:01 Nov 2002] photographic detection device means a device, or a device of a kind, specified in a declaration under section 56D ;

[Section 3 Subsection (1) amended by No. 104 of 2001, s. 20, Applied:01 Jan 2002] [Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004]

[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] pilot vehicle means a vehicle that –

(a) is being used to warn other road users of the presence of an oversize vehicle or combination; and

(b) is not an escort vehicle;

prime mover means a motor vehicle designed and constructed to tow a semi-trailer;

probationary licence means a driver licence issued as a probationary licence –

(a) to a person who applies for a driver licence following a period of disqualification from driving ordered by an Australian court; or

(b) to replace an equivalent licence issued under a corresponding law;

provisional licence means –

(a) a driver licence issued under this Act as a provisional licence; or

(b) an equivalent licence issued under a corresponding law;

public passenger vehicle has the same meaning as in the Passenger Transport Act 1997 ;

[Section 3 Subsection (1) amended by No. 68 of 2001, s. 4, Applied:01 Dec 2001] red light offence means an offence, under the Traffic Act 1925 , of a driver entering an intersection contrary to a red traffic light or red traffic arrow;

register means a register kept under this Act;

registered health care practitioner means a clinical psychologist, an optometrist or occupational therapist registered or licensed as such under the law of a State or Territory;

registered operator of a motor vehicle or a trailer means –

(a) the person recorded in the register of motor vehicles and trailers as the person responsible for it; or

(b) if the registration of a motor vehicle or a trailer has expired, or been cancelled, the person last recorded as the registered operator unless that person has notified the Registrar that he or she is no longer responsible for the motor vehicle or trailer;

Registrar means the Registrar of Motor Vehicles;

registration number includes a number, letter, series of numbers or letters or combination of numbers and letters;

[Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] regulations means the regulations made and in force under section 45 ;

[Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] repairable write-off has the meaning given by section 3A ;

restricted driver licence means a driver licence issued by order of an Australian court subject to conditions limiting the circumstances in which the driver is authorised to drive a motor vehicle;

rigid for a motor vehicle, means it is not articulated;

schedule of local demerit points offences means the part of the demerit points schedule set apart for demerit points offences that are included in neither the national schedule of demerit points nor the schedule of recognised interstate demerit points offences;

schedule of recognised interstate demerit points offences means the part of the demerit points schedule set apart for demerit points offences under a corresponding law that are recognised under the regulations;

semi-trailer means a trailer (including a pole-type trailer) that has –

(a) one axle group or single axle towards the rear; and

(b) a means of attachment to a prime mover that would result in some of the load being imposed on the prime mover;

[Section 3 Subsection (1) amended by No. 104 of 2001, s. 20, Applied:01 Jan 2002] senior police officer means –

(a) the Commissioner of Police; or

(b) the Deputy Commissioner, or an Assistant Commissioner, of Police; or

(c) a police officer of or above the rank of inspector;

short term unregistered vehicle permit means a permit authorising the use, on a temporary basis, of an unregistered vehicle on public streets, or a particular public street;

[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] speed limiting device means a device that –

(a) prevents a vehicle from being driven on a level road at more than 100 kilometres an hour; and

(b) complies with ADR 65 for speed limiting devices, issued by the Commonwealth Department of Transport and Regional Services;

[Section 3 Subsection (1) amended by No. 48 of 2000, s. 4, Applied:01 Oct 2000] [Section 3 Subsection (1) amended by No. 68 of 2001, s. 4, Applied:01 Dec 2001] [Section 3 Subsection (1) amended by No. 104 of 2001, s. 20, Applied:01 Jan 2002]

[Section 3 Subsection (1) amended by No. 104 of 2001, s. 20, Applied:01 Jan 2002] speeding offence means an offence under the Traffic Act 1925 of a driver exceeding –

(a) the prescribed speed-limit applying to the driver for the length of road where the driver is driving; or

(b) the prescribed speed-limit applying to the driver in particular circumstances;

[Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] statutory write-off has the meaning given by section 3A ;

temporary upgrade permit means a permit to use a registered motor vehicle in a combination that is not consistent with its nominated configuration;

[Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] total loss means a vehicle that –

(a) is damaged by collision, fire, flood, accident, trespass, dismantling, demolition or other event to the extent that its fair salvage value plus the cost of repairing the vehicle for use on a public street would be more than the fair market value of the vehicle immediately before the event that caused the damage; or

(b) has been stolen and not recovered; or

(c) is of a class of vehicle prescribed by the regulations to be a total loss;

trade plate means a number plate authorising the use, on a temporary basis, of an unregistered vehicle to which the number plate is attached for the purposes of a trade or business;

traffic offence means an offence against this Act involving the driving or use of a motor vehicle or a trailer;

trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle but does not include –

(a) a trailer that travels only on a railway, tramway or other fixed track; or

(b) a motor vehicle that is being towed; or

(c) a motor bike side-car; or

(d) a vehicle excluded by regulation from the ambit of this definition;

truck means a rigid motor vehicle that is designed and constructed to carry goods;

use of a motor vehicle or a trailer on a public street includes driving it on a public street and a person who parks or stops a motor vehicle or a trailer on a public street is taken to be using the vehicle on the public street while the vehicle remains parked or stationary (whether or not the person remains on, or in the vicinity of, the vehicle);

vehicle means a motor vehicle or a trailer;

[Section 3 Subsection (1) amended by No. 22 of 2001, s. 4, Applied:01 Nov 2001] vehicle registration authority means –

(a) the Registrar; or

(b) the authority responsible for registering vehicles under a corresponding law;

[Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] VIN means a vehicle identification number allocated to a vehicle in accordance with the relevant ADR;

[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] weighing device means a weighbridge or a portable weighing device;

[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] wheelchair means a vehicle consisting of a chair mounted on 2 or more wheels, or a vehicle of a prescribed kind, constructed to transport a person who is unable to walk or has difficulty in walking but does not include a pram, stroller or trolley;

[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] [Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] wheel load means the mass transmitted to a road by the tyre of a vehicle wheel;

[Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] written-off vehicle means a statutory write-off or a repairable write-off.

(2)  This Act is to be read together with the Traffic Act 1925 as a single Act and accordingly –

(a) words and expressions used in this Act that are defined under the Traffic Act 1925 (and not in this Act) have, unless the contrary intention appears, the same respective meanings; and

(b) a reference to "this Act" extends, unless the contrary intention appears, to both Acts.

3A.   Repairable and statutory write-offs

[Section 3A Inserted by No. 29 of 2002, s. 5, Applied:21 Oct 2002]

(1)  In this Act –

repairable write-off means a vehicle that is not a statutory write-off but has been assessed by a prescribed person in Tasmania, another State or a Territory as a total loss;

statutory write-off means a vehicle that has been assessed by a prescribed person in Tasmania, another State or a Territory as a total loss and is –

(a) a motor vehicle (other than a motor bike) that has been –

(i) immersed in salt water above doorsill level for any period; or

(ii) immersed in fresh water up to the dashboard or steering wheel, or higher, for more than 48 hours; or

(b) a motor bike that has been –

(i) fully immersed in salt water for any period; or

(ii) fully immersed in fresh water for more than 48 hours; or

(c) a motor vehicle or trailer that has been burnt to such an extent that it is fit only for wrecking or scrap; or

(d) a motor vehicle or trailer that has been stripped of all, or a combination of most, interior and exterior body parts, panels and components including, but not limited to, the engine, wheels, bonnet, guards, doors and boot lid; or

(e) a motor vehicle (other than a motor bike) that is damaged by at least 3 of the following impact damage indicators:

(i) damage to an area of the cabin floor pan equal to or exceeding an area of 300 millimetres by 300 millimetres in size;

(ii) damage to an area of the roof equal to or exceeding an area of 300 millimetres by 300 millimetres in size;

(iii) damage to an area of the firewall equal to or exceeding an area of 300 millimetres by 300 millimetres in size;

(iv) damage to the suspension;

(v) a broken or cracked or otherwise damaged major mechanical component including, but not limited to, the engine block and transmission casings; or

(f) a motor bike that has impact damage (other than scratching) to the suspension and at least 2 areas of structural frame damage.

(2)  Despite subsection (1) , a vehicle is only a repairable write-off or a statutory write-off if the vehicle is assessed as a total loss not later than the end of the month which is the fifteenth anniversary of its date of manufacture, within the meaning of the relevant ADR.

4.   Binding the Crown

(1)  This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

(2)  Nothing in this Act makes the Crown liable to be prosecuted for an offence.

PART 2 - Administration

Division 1 - [Division 1 of Part 2 Heading inserted by No. 71 of 2001, s. 6, Applied:01 Jan 2002] Registrar of Motor Vehicles

5.   Appointment of Registrar

(1)  There is to be a Registrar of Motor Vehicles.

(2)  In the event of a vacancy in the office of the Registrar, the Secretary of the Department responsible for administering this Act is to appoint a suitable person to the vacant office.

(3)  [Section 5 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Registrar is to be appointed or employed, and to hold office, under the State Service Act 2000 .

6.   Responsibilities of Registrar

The Registrar is responsible for the administration of the provisions of this Act relating to –

(a) driver licensing and regulation of the drivers of motor vehicles; and

(b) vehicle registration and regulation of the use of motor vehicles and trailers on public streets; and

(c) [Section 6 Amended by No. 22 of 2001, s. 5, Applied:01 Nov 2001] the imposition and recovery of tax on motor vehicles and trailers; and

(d) [Section 6 Amended by No. 22 of 2001, s. 5, Applied:01 Nov 2001] vehicle standards.

7.   Delegation

(1)  [Section 7 Subsection (1) amended by No. 31 of 2002, s. 13, Applied:14 Nov 2002] The Registrar may delegate any of the Registrar's powers or functions under this or any other Act.

(2)  The Registrar may enter into an agreement with a delegate or proposed delegate about –

(a) the remuneration of the delegate; and

(b) other matters incidental to the exercise of delegated powers or functions by the delegate.

Division 2 - Commission to administer vehicle operations

7A.   Commission to administer vehicle operations

[Section 7A of Part 2 Inserted by No. 71 of 2001, s. 7, Applied:01 Jan 2002] The Commission is responsible for the administration of the provisions of this Act relating to vehicle operations.

PART 3 - Motor Vehicle Drivers

Division 1 - Licensing of drivers

8.   Requirement to hold driver licence

(1)  A person must not drive a motor vehicle on a public street unless the person –

(a) holds a driver licence under this Act authorising the person to drive a motor vehicle of the relevant class; or

(b) is exempt, under subsection (2) , from the requirement to hold a driver licence under this Act authorising the person to drive a motor vehicle of the relevant class; or

(c) is exempted by the regulations from the requirement to hold a driver licence authorising the person to drive a motor vehicle of the relevant class.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

(2)  Subject to the regulations, a person is exempt from the requirement to hold a driver licence under this Act authorising the person to drive a motor vehicle of a particular class –

(a) if the person holds an Australian driver licence issued under a corresponding law authorising the person to drive motor vehicles of the relevant class; and

(b) if the person is an international visitor who holds a foreign driver licence authorising the visitor to drive motor vehicles of the relevant class in the foreign country in which the licence was issued and either –

(i) the foreign driver licence is in English or accompanied by an English translation made by the authority that issued the licence or a person accredited to translate from the relevant language into English; or

(ii) the person also holds an international driving permit.

(3)  A person must not employ, cause or permit another to drive a motor vehicle on a public street contrary to this section.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 200 penalty units; and

(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

(4)  It is a defence to a charge of an offence against subsection (3) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was driving contrary to this section.

9.   Driving while subject to licence suspension

(1)  A person must not drive a motor vehicle on a public street while the person's Australian driver licence or foreign driver licence is under suspension.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and

(b) a second or subsequent offence – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months.

(2)  A person must not employ, cause or permit another to drive a motor vehicle on a public street if the other person's Australian driver licence or foreign driver licence is under suspension.

Penalty:  In the case of –

(a) a first offence –

(i) for a body corporate – a fine not exceeding 150 penalty units; and

(ii) for an individual – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 300 penalty units; and

(ii) for an individual – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months.

(3)  It is a defence to a charge of an offence against subsection (2) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver's Australian driver licence or foreign driver licence was under suspension.

(4)  This section does not apply if –

(a) the driver holds a restricted driver licence and drives as authorised by that licence; or

(b) [Section 9 Subsection (4) amended by No. 69 of 2001, s. 5, Applied:10 Dec 2001] the driver is disqualified from driving by –

(i) an Australian court under an Act of this or any other State or a Territory; or

(ii) an automatic statutory penalty.

10.   Eligibility to hold licence

(1)  A person is eligible to hold a driver licence of a particular class if the person –

(a) is a natural person resident in Tasmania; and

(b) either –

(i) complies with the eligibility criteria for a driver licence of the relevant class prescribed by the regulations; or

(ii) is eligible to hold a driver licence of the relevant class under the principle of mutual recognition.

(2)  A person is eligible to hold a driver licence of a particular class under the principle of mutual recognition if the person holds an Australian driver licence of the corresponding class issued under a corresponding law.

11.   Issue of licence

(1)  The Registrar must issue a driver licence of a particular class to an applicant for the licence who –

(a) makes an application for the licence in accordance with the regulations; and

(b) satisfies the Registrar that he or she is eligible to hold the licence.

(2)  The Registrar may issue a driver licence on conditions the Registrar considers appropriate.

(3)  If –

(a) an applicant is eligible to hold a driver licence of a particular class under the principle of mutual recognition; and

(b) the applicant's Australian driver licence issued under a corresponding law is subject to conditions –

the driver licence under this Act must be issued on the same conditions unless the conditions are incapable of application in Tasmania.

(4)  If a condition is incapable of application in Tasmania, a driver licence may be issued under this Act subject to a condition for the same general purpose that is capable of application in Tasmania.

12.   Compliance with conditions

(1)  The holder of a driver licence issued under this Act must comply with the conditions of the licence.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

(2)  The holder of an Australian driver licence issued under a corresponding law must, while in Tasmania, comply with the conditions of the licence (other than conditions that are incapable of application in Tasmania).

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

(3)  The holder of a foreign driver licence must, while in Tasmania, comply with the conditions of the licence (other than conditions that are incapable of application in Tasmania).

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

(4)  A person must not employ, cause or permit another to drive a motor vehicle on a public street in breach of a condition of a driver licence issued under this Act, an Australian driver licence issued under a corresponding law or a foreign driver licence.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 200 penalty units; and

(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

(5)  It is a defence to a charge of an offence against subsection (4) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was driving in breach of a condition of a driver licence issued under this Act, an Australian driver licence issued under a corresponding law or a foreign driver licence.

13.   Driving while disqualified

(1)  [Section 13 Subsection (1) substituted by No. 69 of 2001, s. 6, Applied:10 Dec 2001] A person must not drive a motor vehicle on a public street in Tasmania if the person is disqualified from driving by –

(a) an Australian court under an Act of this or any other State or a Territory; or

(b) an automatic statutory penalty.

Penalty:  In the case of –

(a) a first offence –

(i) a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and

(ii) a further period of disqualification, not exceeding 3 years, fixed by the court; and

(b) a second or subsequent offence –

(i) a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both; and

(ii) a further period of disqualification, not exceeding 5 years, fixed by the court.

(2)  Subsection (1) does not apply to –

(a) a person who drives a motor vehicle as authorised by a restricted driver licence; or

(b) a person who drives a motor vehicle while subject to a disqualification imposed under the Road Safety (Alcohol and Drugs) Act 1970 .

(3)  A police officer who has reasonable grounds to suspect that a person has committed an offence against subsection (1) may exercise either or both of the following powers:

(a) arrest the person without warrant;

(b) impound the vehicle driven by the person and have it removed to a convenient place for safe-keeping.

(4)  A person entitled to possession of an impounded vehicle may collect the vehicle, or have it collected, from the place to which it has been removed for safe-keeping on payment of the reasonable cost of impounding and removing the vehicle and of its safe-keeping.

(5)  A court may, on convicting a person of an offence against subsection (1) , order the convicted person to pay the reasonable cost of impounding and removing the vehicle and of its safe-keeping.

(6)  A person must not employ, cause or permit another to drive a motor vehicle on a public street if the other person is disqualified from driving.

Penalty:  In the case of –

(a) a first offence –

(i) for a body corporate – a fine not exceeding 200 penalty units; and

(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 400 penalty units; and

(ii) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both.

(7)  It is a defence to a charge of an offence against subsection (6) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was disqualified from driving.

Division 2 - Ancillary certificates

14.   Driving instructors

(1)  Subject to the regulations, a person must not provide driving instruction for reward unless the person –

(a) holds an Australian driver licence to drive a motor vehicle of the relevant class; and

(b) holds an ancillary certificate authorising the person to provide the driving instruction for reward.

Penalty:  

(a) if the person was, at the time of the offence, disqualified from holding or obtaining an ancillary certificate in driving instruction –

(i) for a first offence - a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both, plus a further period of disqualification of 6 months; and

(ii) for a second or subsequent offence – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both, plus a further period of disqualification of 12 months; or

(b) if the person held an ancillary certificate in driving instruction that was, at the time of the offence, under suspension –

(i) for a first offence - a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months, plus disqualification for a period of 6 months from holding or obtaining such a certificate; and

(ii) for a second or subsequent offence - a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months, plus disqualification for a period of 12 months from holding or obtaining such a certificate; or

(c) in any other case –

(i) for a first offence - a fine not exceeding 20 penalty units; and

(ii) for a second or subsequent offence - a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months, plus disqualification for a period of 6 months from holding or obtaining such a certificate.

(2)  A person must not employ, cause or permit another to act as a driving instructor in a business in the course of which driving instruction is provided for reward if the other person is providing the driving instruction contrary to this section.

Penalty:

(a) if the driving instructor was, at the time of the offence, disqualified from holding or obtaining an ancillary certificate in driving instruction –

(i) for a first offence –

(ia) for a body corporate – a fine not exceeding 200 penalty units; and

(ib) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and

(ii) for a second or subsequent offence –

(iia) for a body corporate – a fine not exceeding 400 penalty units; and

(iib) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both; or

(b) if the driving instructor's ancillary certificate was, at the time of the offence, under suspension –

(i) for a first offence –

(ia) for a body corporate – a fine not exceeding 150 penalty units; and

(ib) for an individual – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and

(ii) for a second or subsequent offence –

(iia) for a body corporate – a fine not exceeding 300 penalty units; and

(iib) for an individual – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months; or

(c) in any other case –

(i) for a first offence – a fine not exceeding 20 penalty units; and

(ii) for a second or subsequent offence –

(iia) for a body corporate – a fine not exceeding 200 penalty units; and

(iib) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

(3)  It is a defence to a charge of an offence against subsection (2) to prove that the defendant did not know, and could not reasonably be expected to have known, that the instructor was providing driving instruction contrary to this section.

(4)  A person must not use, or permit the use of, a motor vehicle for providing driving instruction for reward unless the vehicle complies with the requirements of the regulations for vehicles used for that purpose.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 200 penalty units; and

(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

15.   Public passenger vehicles

(1)  Subject to the regulations, a person must not drive a public passenger vehicle on a public street for the purpose of carrying passengers for reward unless the person –

(a) holds an Australian driver licence to drive a motor vehicle of the relevant class; and

(b) [Section 15 Subsection (1) amended by No. 41 of 2000, s. 4, Applied:14 Aug 2000] holds an ancillary certificate authorising the person to drive a public passenger vehicle of the relevant class.

Penalty:  

(a) if the person was, at the time of the offence, disqualified from holding or obtaining an ancillary certificate for driving public passenger vehicles –

(i) for a first offence - a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both, plus a further period of disqualification of 6 months; and

(ii) for a second or subsequent offence – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both, plus a further period of disqualification of 12 months; or

(b) if the person held an ancillary certificate for driving public passenger vehicles that was, at the time of the offence, under suspension –

(i) for a first offence - a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months, plus disqualification for a period of 6 months from holding or obtaining such a certificate; and

(ii) for a second or subsequent offence - a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months, plus disqualification for a period of 12 months from holding or obtaining such a certificate; or

(c) in any other case –

(i) for a first offence - a fine not exceeding 20 penalty units; and

(ii) for a second or subsequent offence - a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months, plus disqualification for a period of 6 months from holding or obtaining such a certificate.

(2)  A person must not employ, cause or permit another to drive a public passenger vehicle contrary to this section.

Penalty:

(a) if the driver was, at the time of the offence, disqualified from holding or obtaining an ancillary certificate for driving public passenger vehicles –

(i) for a first offence –

(ia) for a body corporate – a fine not exceeding 200 penalty units; and

(ib) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and

(ii) for a second or subsequent offence –

(iia) for a body corporate – a fine not exceeding 400 penalty units; and

(iib) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both; or

(b) if the driver's ancillary certificate was, at the time of the offence, under suspension –

(i) for a first offence –

(ia) for a body corporate – a fine not exceeding 150 penalty units; and

(ib) for an individual – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and

(ii) for a second or subsequent offence –

(iia) for a body corporate – a fine not exceeding 300 penalty units; and

(iib) for an individual – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months; or

(c) in any other case –

(i) for a first offence – a fine not exceeding 20 penalty units; and

(ii) for a second or subsequent offence –

(iia) for a body corporate – a fine not exceeding 200 penalty units; and

(iib) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

(3)  It is a defence to a charge of an offence against subsection (2) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was driving a public passenger vehicle contrary to this section.

16.   Compliance with conditions

(1)  The holder of an ancillary certificate must comply with the conditions of the certificate.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

(2)  [Section 16 Subsection (2) omitted by No. 41 of 2000, s. 5, Applied:14 Aug 2000] .  .  .  .  .  .  .  .  

(3)  [Section 16 Subsection (3) amended by No. 41 of 2000, s. 5, Applied:14 Aug 2000] A person must not employ, cause or permit another to provide driving instruction for reward, or to drive a public passenger vehicle, contrary to a condition of an ancillary certificate.

Penalty:  In the case of –

(a) a first offence– a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence –

(i) for a body corporate– a fine not exceeding 200 penalty units; and

(ii) for an individual– a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

(4)  [Section 16 Subsection (4) amended by No. 41 of 2000, s. 5, Applied:14 Aug 2000] It is a defence to a charge of an offence against subsection (3) to prove that the defendant did not know, and could not reasonably be expected to have known, that the other person was acting contrary to a condition of an ancillary certificate.

Division 3 - Powers of court with regard to driving

17.   Power of court to order disqualification

(1)  [Section 17 Subsection (1) substituted by No. 69 of 2001, s. 7, Applied:10 Dec 2001] Subject to section 19B , a court that convicts a person of a traffic offence may disqualify the person from driving for a period specified by the court.

(2)  Subject to subsection (3) , if a disqualification is imposed under this or any other Act against the holder of an Australian driver licence, the court must either suspend or cancel the licence as follows:

(a) [Section 17 Subsection (2) amended by No. 69 of 2001, s. 7, Applied:10 Dec 2001] if the disqualification is for 4 months or less, the licence is to be suspended;

(b) [Section 17 Subsection (2) amended by No. 69 of 2001, s. 7, Applied:10 Dec 2001] if the disqualification is for more than 4 months, the licence is to be cancelled.

(3)  The court may, instead of cancelling a licence that is liable to cancellation under subsection (2) , suspend the licence if the court thinks there is good reason to do so.

(4)  A disqualification imposed by a court under this or any other Act, and a related licence suspension or cancellation imposed by the court, takes effect as follows:

(a) if the convicted person is not subject to a current period of disqualification, licence suspension or ineligibility to hold a driver licence as a result of the accumulation of demerit points – at the time of the order or a later time fixed by the court;

(b) if the convicted person is subject to a current period of disqualification, licence suspension or ineligibility to hold a driver licence as a result of the accumulation of demerit points – at the end of that period unless the court fixes an earlier or later time.

(5)  If a disqualification is imposed under this or any other Act on a person who is not present in court when the disqualification is imposed, the court must postpone the commencement of the disqualification (and the related licence suspension or cancellation) for a specified period of at least 10 days and, in that event, the disqualification (and the related licence suspension or cancellation) commences –

(a) at the end of that period; or

(b) [Section 17 Subsection (5) amended by No. 69 of 2001, s. 7, Applied:10 Dec 2001] if the person against whom the disqualification is imposed submits to the disqualification on an earlier day by returning the licence to the Registrar, on that earlier day.

(6)  The court's powers under this section are in addition to other powers the court may have to punish or deal with the convicted person in other ways.

18.   Restricted driver licences

(1)  A person whose Australian driver licence (other than a learner licence) is, or is liable to be, suspended or cancelled because of –

(a) an accumulation of demerit points; or

(b) [Section 18 Subsection (1) amended by No. 69 of 2001, s. 8, Applied:10 Dec 2001] a disqualification order made by an Australian court; or

(c) [Section 18 Subsection (1) amended by No. 69 of 2001, s. 8, Applied:10 Dec 2001] an automatic statutory penalty –

may, subject to subsection (2) , apply to a court of petty sessions for an order authorising the issue of a restricted driver licence subject to conditions as specified in the order.

(2)  Neither of the following is entitled to apply for a restricted driver licence:

(a) a person whose Australian driver licence is, or is liable to be, suspended because of an accumulation of demerit points and who has, or had, the option of entering into an undertaking to be of good behaviour under the provisions of the demerit points scheme but did not take up, or proposes not to take up, that option;

(b) a person who, under section 25 , is subject or liable to a period of ineligibility to hold a driver licence because of an accumulation of demerit points.

(2A)  [Section 18 Subsection (2A) inserted by No. 69 of 2001, s. 8, Applied:10 Dec 2001] If a person referred to in subsection (2)(a) is liable to be, or is, disqualified from driving pursuant to section 19A(1)(a) or section 19B(1)(a) , the bar contained in that subsection does not apply to the person before, or during, the period of disqualification.

(3)  An application under this section –

(a) must be made in writing; and

(b) must state the name and residential address of the applicant and an address for the service of notices; and

(c) must state the applicant's Australian driver licence number or, if the applicant's Australian driver licence has been cancelled, the applicant's former Australian driver licence number; and

(d) must, as far as practicable, give details of all offences (against the law of Tasmania, another State or a Territory or a foreign country) involving the driving or use of a motor vehicle committed by the applicant (whether or not relevant to the suspension or disqualification) including the following:

(i) the date of commission;

(ii) the court by which, and the date on which, the applicant was convicted and particulars of penalties imposed or other orders made in respect of the offence or, if the offence was dealt with by traffic infringement notice, the traffic infringement notice number and the date on which it was lodged; and

(e) must give details of the licence suspension or disqualification and state whether a licence suspension or disqualification has previously been imposed on the applicant and, if so, the period of the licence suspension or disqualification and the reasons for it; and

(f) must state the grounds on which the applicant asks for an order to be made under this section; and

(g) must contain details of the severe and unusual hardship that would be suffered by the applicant, or the applicant's dependants, if the application were refused (including a statement of available forms of transport and why they are not adequate for the needs of the applicant or the applicant's dependants); and

(h) must state the conditions on which the applicant asks the court to authorise the issue of a restricted driver licence; and

(i) must be verified by statutory declaration made by the applicant; and

(j) must be filed with the clerk of the court.

(4)  At least 7 days before the application is to be heard by the court, the applicant must give a copy of the application to –

(a) the Registrar; and

(b) the officer in charge of the Police Prosecutions Branch nearest the court to which the application is made.

(5)  The court may make an order authorising the issue of a restricted driver licence if the court is satisfied that –

(a) the licence suspension or disqualification is imposing, or will impose, severe and unusual hardship on the applicant or the applicant's dependants; and

(b) a restricted driver licence should be issued to mitigate or alleviate that hardship; and

(c) the issue of the restricted driver licence would not be contrary to the public interest.

(5A)  [Section 18 Subsection (5A) inserted by No. 69 of 2001, s. 8, Applied:10 Dec 2001] If the applicant is a person who, but for subsection (2A) , would have been barred by subsection (2)(a) from making the application, the court must, by the order, provide that the restricted driver licence issued to the person will expire when the person's period of disqualification expires.

(6)  The Registrar must, on application by a person in whose favour an order has been made under this section, issue a restricted driver licence to the applicant that conforms with the terms of the order.

(7)  If the person in whose favour the order was made held an ancillary certificate authorising the holder to provide driving instruction or to drive a public passenger vehicle, the ancillary certificate is, subject to any order of the court to the contrary, restored for the period for which the restricted driver licence remains in force.

(8)  A court of petty sessions may, on application by the holder of a restricted driver licence supported by the evidence the court considers necessary and appropriate in the circumstances, vary the terms or conditions of a restricted driver licence.

(9)  A court that has dealt with, or is about to deal with, the holder of a restricted driver licence for an offence relating to the driving or use of a motor vehicle, or a court of petty sessions, may, on its own initiative or on application by the Registrar or a police officer, vary the terms or conditions of a restricted driver licence or revoke the licence.

(10)  A person who holds a restricted driver licence must not drive a motor vehicle in breach of a condition imposed in accordance with an order of a court.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and

(b) a second or subsequent offence – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both.

(11)  A person must not employ, cause or permit the holder of a restricted driver licence to drive a motor vehicle in breach of a condition of the licence.

Penalty:  In the case of –

(a) a first offence –

(i) for a body corporate – a fine not exceeding 200 penalty units; and

(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 400 penalty units; and

(ii) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both.

(12)  It is a defence to a charge of an offence against subsection (11) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was driving in breach of a condition of a restricted driver licence.

(13)  [Section 18 Subsection (13) omitted by No. 33 of 2002, s. 4, Applied:01 Dec 2002] .  .  .  .  .  .  .  .  

(14)  This section has effect subject to section 19 of the Road Safety (Alcohol and Drugs) Act 1970 .

19.   Effect of disqualification

(1)  [Section 19 Subsection (1) substituted by No. 69 of 2001, s. 9, Applied:10 Dec 2001] If a person is disqualified from driving by a court or automatic statutory penalty of another Australian jurisdiction, or a person's driver licence is cancelled or suspended by such a court or penalty, the disqualification, cancellation or suspension is effective in Tasmania.

(2)  [Section 19 Subsection (2) omitted by No. 69 of 2001, s. 9, Applied:10 Dec 2001] .  .  .  .  .  .  .  .  

(3)  [Section 19 Subsection (3) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] If a court imposes a disqualification from driving against a person who holds a driver licence issued under this Act without also suspending or cancelling the driver licence –

(a) [Section 19 Subsection (3) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] the driver licence is, by force of this subsection, suspended if the disqualification is for 4 months or less; and

(b) [Section 19 Subsection (3) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] if the disqualification is for more than 4 months, the licence is, by force of this subsection, cancelled.

(4)  If –

(a) [Section 19 Subsection (4) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] a person is disqualified from driving by a court or automatic statutory penalty of another Australian jurisdiction, or a person's driver licence is cancelled or suspended by such a court or penalty; and

(b) [Section 19 Subsection (4) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] immediately before the court's order or automatic statutory penalty takes or, if applicable, took effect, the person –

(i) [Section 19 Subsection (4) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] holds or, if applicable, held a driver licence issued under this Act; or

(ii) [Section 19 Subsection (4) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] is or, if applicable, was a resident of Tasmania not holding an Australian driver licence; and

(c) the Registrar is notified of the disqualification, cancellation or suspension by the driver licensing authority under a corresponding law –

the Registrar must record relevant details in the register.

(5)  Any driver licence (other than a restricted driver licence) purportedly issued to a person who is disqualified from driving under the law of this State or the law of another Australian jurisdiction is void and of no effect.

(6)  [Section 19 Subsection (6) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] As soon as practicable after the Registrar is notified of a disqualification from driving or a licence suspension or cancellation imposed by a court or automatic statutory penalty of this State, the Registrar must –

(a) record relevant details in the register; and

(b) [Section 19 Subsection (6) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] if the disqualification, suspension or cancellation applies to a person who, immediately before the disqualification, suspension or cancellation takes or, if applicable, took effect –

(i) [Section 19 Subsection (6) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] holds or, if applicable, held an Australian driver licence issued under the corresponding law of another State or a Territory; or

(ii) [Section 19 Subsection (6) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] is or, if applicable, was a resident of another State or a Territory not holding an Australian driver licence –

give the driver licensing authority under the corresponding law of that State or Territory relevant details.

(7)  The relevant details are details of which the Registrar has been informed about –

(a) [Section 19 Subsection (7) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] the court that ordered the disqualification, suspension or cancellation or the nature of the automatic statutory penalty; and

(ab) [Section 19 Subsection (7) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] the date of the court's order or the date on which the automatic statutory penalty takes or, if applicable, took effect; and

(b) [Section 19 Subsection (7) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] the effect of the court's order or of the automatic statutory penalty and, in particular –

(i) [Section 19 Subsection (7) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] if a disqualification from driving is imposed– the period of the disqualification and its date of commencement; and

(ii) [Section 19 Subsection (7) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] if a licence suspension is imposed– the period of the suspension and its date of commencement; and

(iii) [Section 19 Subsection (7) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] if an Australian driver licence is cancelled– the date of cancellation.

Division 3A - Excessive speeding offences

19A.   Automatic disqualification for excessive speeding

[Section 19A of Part 3 Inserted by No. 69 of 2001, s. 10, Applied:10 Dec 2001]

(1)  If a person who commits an excessive speeding offence accepts a traffic infringement notice for that offence –

(a) the person is, by that acceptance, disqualified from driving; and

(b) if the person holds an Australian driver licence, the licence is suspended for the period of the disqualification.

(2)  The penalty imposed by subsection (1) is in addition to any other penalty that the person may be liable to in respect of the excessive speeding offence.

(3)  For subsection (1) , the period of disqualification is as follows:

(a) 3 months if the traffic infringement notice indicates that the person exceeded the prescribed speed limit by 38km/h or more, but by less than 45km/h;

(b) 4 months if the traffic infringement notice indicates that the person exceeded the prescribed speed limit by 45km/h or more.

(4)  A period of disqualification under this section takes effect –

(a) if the person is not subject to a current period of disqualification, licence suspension or ineligibility to hold a driver licence as a result of the accumulation of demerit points, as soon as the person accepts the traffic infringement notice; or

(b) if at the time of that acceptance the person is subject to a current period of disqualification, licence suspension or ineligibility to hold a driver licence as a result of the accumulation of demerit points, on the expiration of that period of disqualification, suspension or ineligibility.

19B.   Court-imposed penalties for excessive speeding

[Section 19B of Part 3 Inserted by No. 69 of 2001, s. 10, Applied:10 Dec 2001]

(1)  A court that convicts a person of an excessive speeding offence must –

(a) disqualify the convicted person from driving for a period of not less than –

(i) 3 months if the court finds that the person exceeded the prescribed speed limit by 38km/h or more, but by less than 45km/h; or

(ii) 4 months if the court finds that the person exceeded the prescribed speed limit by 45km/h or more; and

(b) exercise the court's power under section 17(2) or (3) consequent on the disqualification; and

(c) impose on the convicted person a fine of –

(i) not less than –

(A) $250 or, if another amount is prescribed (whether in dollars or penalty units), the prescribed amount if the court finds that the person exceeded the relevant speed limit by 38km/h or more, but by less than 45km/h; or

(B) $400 or, if another amount is prescribed (whether in dollars or penalty units), the prescribed amount if the court finds that the person exceeded the relevant speed limit by 45km/h or more; but

(ii) not more than the maximum fine prescribed under the Traffic Act 1925 .

(2)  Notwithstanding subsection (1) , the court may impose a lesser period of disqualification or a lesser fine than the minimum period of disqualification or fine required under that subsection if it is satisfied that it is just to do so because there are, in the circumstances of the case, special reasons for exercising the power conferred by this subsection.

Division 4 - Demerit points scheme

20.   Offences attracting demerit points

(1)  A traffic offence attracts demerit points if demerit points are fixed in relation to that offence in the demerit points schedule.

(2)  The demerit points schedule is to consist of the following 3 parts:

(a) the national schedule of demerit points;

(b) the schedule of recognised interstate demerit points offences;

(c) the schedule of local demerit points offences.

(3)  [Section 20 Subsection (3) inserted by No. 40 of 2000, s. 5, Applied:14 Aug 2000] A person is incapable of being awarded demerit points under this Division unless that person is a natural person.

21.   Award of demerit points on conviction

(1)  Subject to this section, a court must, on convicting a person of a traffic offence attracting demerit points, award against the convicted person the number of demerit points prescribed in respect of that offence.

(2)  Where the number of demerit points prescribed in respect of an offence depends on facts that do not necessarily have to be established for a conviction for the offence, a court must, on convicting a person of the offence, declare such of those facts as it finds have been established on the trial of the person for the offence.

(3)  [Section 21 Subsection (3) omitted by No. 69 of 2001, s. 11, Applied:10 Dec 2001] .  .  .  .  .  .  .  .  

(4)  [Section 21 Subsection (4) amended by No. 68 of 2001, s. 5, Applied:01 Dec 2001] If, on the conviction of a person for a red light offence or speeding offence, the court is satisfied that –

(a) [Section 21 Subsection (4) amended by No. 68 of 2001, s. 5, Applied:01 Dec 2001] the offence is –

(i) in the case of a red light offence, one of 2 or more red light offences committed in succession by the convicted person; or

(ii) in the case of a speeding offence, one of 2 or more speeding offences committed in succession by the convicted person; and

(b) the offences were detected by photographic detection devices; and

(c) at the time of the detection of the offence for which the conviction has been recorded, the convicted person had not been served with a traffic infringement notice or a summons for the earlier offence or offences –

the court may refrain from awarding demerit points for the offence.

(5)  The court may refrain from awarding demerit points or reduce the number of demerit points to be awarded against a convicted person if satisfied that it is just to do so because there are, in the circumstances of the case, special reasons for exercising the power conferred by this subsection.

22.   Award of demerit points on traffic infringement notice

(1)  Where a traffic infringement notice relating to a traffic offence that attracts demerit points has been served on the person alleged to have committed the offence and –

(a) the notice has not been withdrawn; and

(b) either –

(i) the notice has been accepted by the person; or

(ii) the time within which the person may accept the notice has expired and the person is taken to have been convicted of the alleged offence –

the number of demerit points prescribed in respect of that offence is to be awarded against that person.

(2)  Where –

(a) the number of demerit points prescribed in respect of an offence depends on facts that do not necessarily have to be established for a conviction for the offence; and

(b) any such facts are stated in the traffic infringement notice; and

(c) either –

(i) the notice has been accepted by the person alleged to have committed the offence; or

(ii) the time within which the person alleged to have committed the offence may accept the notice has expired and the person is taken to have been convicted of the alleged offence –

the relevant facts are taken to have been established against the person alleged to have committed the offence and demerit points are to be awarded accordingly.

(3)  [Section 22 Subsection (3) amended by No. 68 of 2001, s. 6, Applied:01 Dec 2001] If a traffic infringement notice relating to a red light offence or speeding offence has been served on the person alleged to have committed the offence and –

(a) [Section 22 Subsection (3) amended by No. 68 of 2001, s. 6, Applied:01 Dec 2001] the offence is –

(i) in the case of a red light offence, one of 2 or more red light offences committed in succession by the same offender; or

(ii) in the case of a speeding offence, one of 2 or more speeding offences committed in succession by the same offender; and

(b) the offences were detected by photographic detection devices; and

(c) at the time of the detection of the offence to which the notice relates, the offender had not been served with a traffic infringement notice or a summons for the earlier offence or offences –

the offender may, on accepting the traffic infringement notice, give the Commissioner of Police a written request setting out the circumstances of the case and asking the Commissioner to exercise the Commissioner's discretion under subsection (4) in the offender's favour.

(4)  If the Commissioner of Police (or the Commissioner's delegate) is satisfied that the offender committed the offence to which the traffic infringement notice relates before being served with a traffic infringement notice or a summons for the earlier offence or offences, and that a direction under this subsection is warranted in the circumstances of the case, the Commissioner (or the Commissioner's delegate) may direct –

(a) that no demerit points be awarded for the offence to which the traffic infringement notice relates; or

(b) if demerit points have already been recorded for the offence to which the traffic infringement notice relates – that the demerit points be deleted (and, in that case, the demerit points will be taken never to have been recorded).

23.   Recording of demerit points

(1)  If –

(a) a Tasmanian court awards demerit points in respect of a traffic offence that attracts demerit points; or

(b) demerit points are to be awarded following the service of a traffic infringement notice; or

(c) the Registrar is notified by a driver licensing authority under a corresponding law that a person who holds a driver licence under this Act, or a person who does not hold an Australian driver licence but is a resident of Tasmania –

(i) has been convicted by a court, in the jurisdiction of the corresponding law, of an offence in respect of which demerit points are prescribed in the national schedule of demerit points or the schedule of recognised interstate demerit points offences; or

(ii) has committed such an offence in the jurisdiction of the corresponding law and has been dealt with under a procedure corresponding to the traffic infringement notice procedure –

the Registrar must record or transmit the relevant information as required in this section.

(2)  The relevant information is –

(a) the name and address of the offender; and

(b) the nature of the offence and the date of its commission; and

(c) whether the offence was dealt with by a court or a traffic infringement notice or a similar procedure under the law of another jurisdiction.

(3)  Demerit points awarded by a court on conviction are not to be recorded, and information is not to be transmitted, under this section until –

(a) the time for appealing against the conviction has passed; or

(b) if there is an appeal – the appeal is determined, withdrawn or discontinued.

(4)  Information is to be recorded or transmitted as follows:

(a) [Section 23 Subsection (4) amended by No. 56 of 2001, s. 4, Applied:19 Sep 2001] if the person holds a driver licence under this Act (or is a resident of Tasmania who does not hold an Australian driver licence)– the Registrar must record the date of commission of the offence, and the number of demerit points awarded, in the demerit points register;

(b) if the person holds an Australian driver licence issued under the corresponding law of another State or a Territory (or is a resident of another State or a Territory who does not hold an Australian driver licence) – the Registrar must, as soon as practicable, transmit the relevant information to the driver licensing authority for the relevant State or Territory.

(5)  Demerit points are taken to have been recorded in the demerit points register on the date of commission of the offence to which they relate.

(6)  Demerit points are to be recorded in the demerit points register even though the person who has incurred the demerit points, and against whom they are to be recorded, does not hold (or has never held) an Australian driver licence.

(7)  For the purpose of calculating the aggregate number of demerit points recorded against the holder of a driver licence or a person who has held, but not longer holds, a driver licence, it is immaterial whether the demerit points were incurred during the currency of the licence or during a period when the person did not hold a driver licence.

24.   Licence to be suspended when demerit points reach prescribed limit

(1)  A driver licence is liable to suspension because of the accumulation of demerit points against the holder of the licence as follows:

(a) a learner or provisional licence is liable to suspension if –

(i) the holder of the licence has never held a full licence; and

(ii) the demerit points recorded against the holder for traffic offences committed during a period of 12 months or less amount, in aggregate, to 4 or more;

(b) [Section 24 Subsection (1) amended by No. 104 of 2001, s. 21, Applied:05 Dec 2001] a driver licence (whatever its type) is liable to suspension if the demerit points recorded against the holder for traffic offences committed during a period of 3 years or less amount, in aggregate, to 12 or more;

(c) [Section 24 Subsection (1) amended by No. 104 of 2001, s. 21, Applied:05 Dec 2001] a full licence is liable to suspension if the demerit points recorded against the holder for traffic offences committed during a period of 12 months or less as the holder of a previous provisional licence amount, in aggregate, to 4 or more.

(2)  If a driver licence becomes liable to suspension under subsection (1) , the Registrar must serve a notice of licence suspension on the holder of the licence stating the period of licence suspension and when the period is to commence.

(3)  The period of suspension is –

(a) [Section 24 Subsection (3) amended by No. 104 of 2001, s. 21, Applied:05 Dec 2001] for the holder of a learner or provisional licence or the holder of a full licence whose liability to suspension arises under subsection (1)(c) – 3 months (unless the person would have been liable to a longer period of licence suspension if paragraph (b) was applicable, in which case the longer period applies); or

(b) in any other case as follows:

(i) if the aggregate number of demerit points recorded against the holder of the driver licence when it became liable to suspension is 12 or more but not more than 15 – 3 months;

(ii) if the aggregate number of demerit points recorded against the holder of the driver licence when it became liable to suspension is 16 or more but not more than 19 – 4 months;

(iii) if the aggregate number of demerit points recorded against the holder of the driver licence when it became liable to suspension is 20 or more – 5 months.

(4)  [Section 24 Subsection (4) amended by No. 69 of 2001, s. 12, Applied:10 Dec 2001] Unless the driver licence is a learner licence or a provisional licence, the holder of the licence may, as an alternative to undergoing the licence suspension under this section, give the Registrar a written undertaking to be of good behaviour for a period of 12 months from the date on which the licence suspension would otherwise have taken effect.

(5)  The undertaking must be given in the form required by the Registrar –

(a) within 21 days from the date of service of the notice of licence suspension; or

(b) at a later time allowed by the Registrar in a particular case.

(6)  [Section 24 Subsection (6) amended by No. 40 of 2000, s. 6, Applied:14 Aug 2000] If –

(a) the holder of a driver licence gives an undertaking to be of good behaviour as required under this section; and

(b) during the period to which the undertaking relates commits an offence (or offences) in respect of which 2 or more demerit points (in aggregate) are recorded –

the Registrar must serve a further notice of licence suspension on the holder of the licence (whether or not the period of good behaviour has expired) for twice the period of licence suspension to which the person was liable when the first notice of licence suspension was served, and the person is not entitled to give a further undertaking under subsection (4) as an alternative to undergoing the licence suspension.

(7)  A period of licence suspension under this section commences –

(a) [Section 24 Subsection (7) amended by No. 69 of 2001, s. 12, Applied:10 Dec 2001] on such day following the 21 day period after the relevant notice of licence suspension is served as the Registrar determines and specifies in that notice; or

(b) [Section 24 Subsection (7) amended by No. 69 of 2001, s. 12, Applied:10 Dec 2001] if the holder of the licence is not subject to a current period of licence suspension, disqualification from driving or ineligibility to hold a driver licence and submits to the licence suspension on an earlier day by returning the licence to the Registrar, on that earlier day.

(8)  Subject to subsection (9) , when a period of licence suspension commences, or an undertaking to be of good behaviour is given, under this section, the demerit points recorded in the register, as at the date of the notice of licence suspension, against the person to whom the notice is given are taken to be deleted.

(9)  Subsection (8) is subject to the following qualifications:

(a) demerit points that had not been recorded at the date of the notice of licence suspension (whether incurred before or after that date) are not taken to be deleted;

(b) if the notice of licence suspension is given because of the accumulation of demerit points during a period for which the person liable to the licence suspension has undertaken to be of good behaviour, demerit points incurred after the date of the first notice of licence suspension are not taken to be deleted.

(10)  If a driver licence would, but for this subsection, expire during the course of a period of licence suspension imposed under this section, the term of the licence is extended by this subsection until the end of the period of suspension.

(11)  [Section 24 Subsection (11) inserted by No. 69 of 2001, s. 12, Applied:10 Dec 2001] If a driver licence that is liable to suspension under this section is due to expire during a period of disqualification from driving imposed for an excessive speeding offence –

(a) the holder of the licence may, notwithstanding the disqualification, apply for the renewal of the licence; and

(b) the renewal, if granted, is not capable of taking effect before the expiration of the period of disqualification.

25.   Period of ineligibility for unlicensed drivers

(1)  A person who does not hold a current driver licence is liable to a period of ineligibility to hold a driver licence because of the accumulation of demerit points as follows:

(a) if –

(i) the person has never held a full licence and has not progressed beyond the status of a provisional driver; and

(ii) the demerit points recorded against the person for traffic offences committed during a period of 12 months or less amount, in aggregate, to 4 or more;

(b) whether or not the person has ever held a full licence – if the demerit points recorded against the person for traffic offences committed during a period of 3 years or less amount, in aggregate, to 12 or more.

(2)  If a person becomes liable to a period of ineligibility under subsection (1) , the Registrar must serve a notice of ineligibility stating the period of ineligibility and when the period is to commence.

(3)  The period of ineligibility is –

(a) for a person who has never held a full licence and has not progressed beyond the status of a provisional driver – 3 months (unless the person would have been liable to a longer period of ineligibility if paragraph (b) was applicable, in which case the longer period applies); or

(b) in any other case as follows:

(i) if the aggregate number of demerit points recorded against the person when he or she became liable to the period of ineligibility is 12 or more but not more than 15 – 3 months;

(ii) if the aggregate number of demerit points recorded against the person when he or she became liable to the period of ineligibility is 16 or more but not more than 19 – 4 months;

(iii) if the aggregate number of demerit points recorded against the person when he or she became liable to the period of ineligibility is 20 or more – 5 months.

(4)  [Section 25 Subsection (4) amended by No. 69 of 2001, s. 13, Applied:10 Dec 2001] A period of ineligibility under this section commences on such day as the Registrar determines and specifies in the relevant notice of ineligibility.

(5)  [Section 25 Subsection (5) amended by No. 69 of 2001, s. 13, Applied:10 Dec 2001] Before a period of ineligibility commences, the person on whom the notice of ineligibility was served may apply for the renewal of his or her last driver licence if –

(a) the person would, apart from the ineligibility resulting from the accumulation of demerit points, be entitled to renewal of the licence; and

(b) the person –

(i) has, at some time in the past, held a full licence (whether or not his or her last licence was a full licence) and has not reverted to the status of a learner driver or, if so, has progressed beyond that status; or

(ii) has never held a full licence but has progressed beyond the status of a provisional driver.

(6)  The application for renewal may be accompanied by a written undertaking, in the form required by the Registrar, to be of good behaviour for a period of 12 months from the date on which the period of ineligibility would otherwise have taken effect.

(7)  If a person who makes an application for renewal of a driver licence under subsection (5) would, apart from the ineligibility, be entitled to the renewal, the Registrar must renew the licence and, in that event –

(a) if the application was not accompanied by a written undertaking, in the form required by the Registrar, to be of good behaviour for a period of 12 months – the licence will, as from the date of its renewal, be under suspension as if –

(i) the notice of ineligibility had been a notice of licence suspension under section 24 ; and

(ii) the person on whom the notice was served had been, at the time of service, the holder of a current driver licence; and

(iii) the period of the licence suspension had been the same as the period of ineligibility and had commenced at the date of renewal of the licence; or

(b) if the application was accompanied by such an undertaking – the licence will not be under suspension on its renewal, but section 24 applies as if –

(i) the notice of ineligibility had been a notice of licence suspension under section 24 ; and

(ii) the person on whom the notice was served had been, at the time of service, the holder of a current driver licence; and

(iii) the period of the licence suspension had been the same as the period of ineligibility and had commenced at the date of renewal of the licence; and

(iv) the undertaking were an undertaking given under section 24 , to be of good behaviour for a period of 12 months from the date of renewal of the licence, as an alternative to undergoing the period of licence suspension.

(8)  Subject to subsection (9) , when a period of ineligibility or licence suspension commences, or an undertaking to be of good behaviour is given, under this section, the demerit points recorded in the register, as at the date of the notice of ineligibility, against the person to whom the notice is given are taken to be deleted.

(9)  Demerit points that had not been recorded at the date of the notice of ineligibility (whether incurred before or after that date) are not taken to be deleted.

(10)  Once a period of ineligibility imposed under this section has commenced –

(a) the person subject to the ineligibility cannot apply for, or be issued with, a driver licence until the end of the period of ineligibility; and

(b) if the person held a driver licence that has expired but may still, apart from this subsection, be renewed – the licence cannot be renewed while the period of ineligibility continues.

(11)  [Section 25 Subsection (11) inserted by No. 69 of 2001, s. 13, Applied:10 Dec 2001] For subsection (5)(a) and subsection (7) , a disqualification from driving for an excessive speeding offence is taken not to be a condition that would disentitle a person so disqualified to the renewal of the person's last driver licence.

(12)  [Section 25 Subsection (12) inserted by No. 69 of 2001, s. 13, Applied:10 Dec 2001] If a person who is disqualified from driving for an excessive speeding offence makes an application under subsection (5) which is granted, the renewal of the person's last driver licence is not capable of taking effect before the expiration of the period of disqualification.

26.   Interrelationship with penalties imposed by court

(1)  A period of licence suspension or ineligibility to hold a driver licence imposed under this Division is in addition to any licence suspension, disqualification or penalty imposed by an Australian court or under another law.

(2)  [Section 26 Subsection (2) amended by No. 69 of 2001, s. 14, Applied:10 Dec 2001] Demerit points are not affected by a period of licence suspension or disqualification imposed on a basis separate from the demerit points scheme.

PART 4 - Registration of Motor Vehicles and Trailers

27.   Requirement for registration

(1)  Subject to subsection (3), a person must not use, or permit the use of, a motor vehicle or a trailer on a public street unless the vehicle is registered under this Act.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 200 penalty units; and

(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

(2)  The court may impose an additional fine on a person convicted of an offence against subsection (1) not exceeding the amount of motor tax payable for registration of the vehicle or combination for a registration period of 12 months.

(3)  Subsection (1) does not apply to –

(a) a vehicle of a class that is exempt from registration under this Act; or

(b) a vehicle for which a short term unregistered vehicle permit is in force authorising its use on a public street; or

(c) the use of a vehicle in circumstances in which its use is authorised by a trade plate; or

(d) the use of a vehicle in circumstances in which the regulations permit its use without registration.

(4)  If in proceedings for an offence against this section the prosecution establishes that –

(a) an unregistered vehicle was found parked or standing on a public street; and

(b) the defendant –

(i) is the registered operator of the vehicle; or

(ii) is the owner of the vehicle; or

(iii) is entitled to possession of the vehicle –

it will be presumed, in the absence of proof to the contrary, that the defendant used or permitted the use of the vehicle in contravention of this section.

28.   Vehicles registered under corresponding law

(1)  Subject to the regulations, a motor vehicle or a trailer is exempt from registration under this Act if the use of the vehicle on roads is authorised under a corresponding law by registration or an authorisation that corresponds, or is similar, to a short term unregistered vehicle permit or a trade plate.

(2)  Conditions affecting the use of the vehicle on roads imposed under the corresponding law (other than conditions that are incapable of application in Tasmania) are taken to be conditions affecting the use of the vehicle on public streets in Tasmania.

(3)  A person must not contravene, or permit a contravention of, any such condition.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 200 penalty units; and

(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

29.   Vehicles registered in a foreign country

(1)  Subject to the regulations, a motor vehicle or a trailer is exempt from registration under this Act if –

(a) the vehicle is registered in a foreign country; and

(b) the requirements of the regulations relating to third-party insurance have been complied with.

(2)  Requirements and conditions affecting the use of the vehicle on roads in the country of registration (other than requirements and conditions that are contrary to Tasmanian law or incapable of application in Tasmania) are taken to be requirements and conditions affecting the use of the vehicle on public streets in Tasmania.

(3)  A person must not contravene, or permit a contravention of, any such requirement or condition.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 200 penalty units; and

(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

30.   Compliance with conditions of registration etc

(1)  A person must not use, or permit the use of, a motor vehicle or a trailer on a public street in breach of a condition of its registration under this Act.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 200 penalty units; and

(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

(2)  A person must not use, or permit the use of, a motor vehicle or a trailer on a public street in breach of a condition of a short term unregistered vehicle permit or a trade plate issued under this Act.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 200 penalty units; and

(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

31.   Use of vehicle while its registration is under suspension

(1)  A person must not use, or permit the use of, a motor vehicle or a trailer on a public street while its registration is under suspension.

Penalty:  In the case of –

(a) a first offence –

(i) for a body corporate – a fine not exceeding 150 penalty units; and

(ii) for an individual – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 300 penalty units; and

(ii) for an individual – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months.

(2)  A person does not commit an offence against subsection (1) merely by leaving the motor vehicle or trailer parked or standing on a public street.

32.   Use of vehicle contrary to prohibition

[Section 32 Amended by No. 40 of 2000, s. 7, Applied:14 Aug 2000] A person must not use, or permit the use of, a motor vehicle or a trailer on a public street in breach of a total prohibition on its use imposed under the regulations.

Penalty:  In the case of –

(a) a first offence –

(i) for a body corporate– a fine not exceeding 200 penalty units; and

(ii) for an individual– a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and

(b) a second or subsequent offence –

(i) for a body corporate– a fine not exceeding 400 penalty units; and

(ii) for an individual– a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both.

32A.   Use of statutory write-offs prohibited

[Section 32A Inserted by No. 29 of 2002, s. 6, Applied:21 Oct 2002] A person must not use, or permit the use of, a statutory write-off on a public street.

Penalty:  In the case of –

(a) a first offence –

(i) for a body corporate – a fine not exceeding 200 penalty units; and

(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both.

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 400 penalty units; and

(ii) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both; and

33.   Hire and drive vehicles

(1)  A person (the "proprietor") must not hire out a passenger vehicle on a hire and drive basis unless the vehicle is registered as a hire and drive vehicle under this Act.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 100 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 200 penalty units.

(2)  A passenger vehicle is hired out on a hire and drive basis if the vehicle is hired out on the basis that it is to be driven by a person other than –

(a) the proprietor; or

(b) a person employed or engaged by the proprietor to drive the vehicle.

(3)  [Section 33 Subsection (3) substituted by No. 41 of 2000, s. 6, Applied:14 Aug 2000] This section does not apply to –

(a) the letting of a vehicle under a hire-purchase agreement made in good faith for the purchase of that vehicle; or

(b) a long-term hiring arrangement having as its purpose the provision of financial accommodation to a person who takes a vehicle on hire; or

(c) the hiring out of a passenger vehicle that, under a law of another Australian jurisdiction, is authorised to be hired out for reward without a driver.

PART 5 - Motor Tax

34.   Imposition of motor tax

(1)  Tax is imposed in respect of a motor vehicle or a trailer used or to be used on a public street.

(2)  The amount of the tax (expressed as an annualised sum) is, subject to subsection (3) , the amount prescribed by Schedule 1 .

(3)  For the financial year beginning on 1 July 1999 or a later financial year, the amount of the tax for a light vehicle is calculated by multiplying the amount prescribed by Schedule 1 by the relevant indexation factor (and, if the resultant amount is not an exact multiple of $1, the amount is to be rounded down to the nearest dollar if the remainder is 50 cents or less and rounded up to the nearest dollar if the remainder is more than 50 cents).

(4)  The relevant indexation factor for a particular financial year is the Consumer Price Index for the March quarter immediately preceding that financial year divided by the Consumer Price Index for the March quarter of 1998.

35.   Liability for motor tax

(1)  Motor tax on a motor vehicle or a trailer is payable –

(a) on an application for registration (or renewal of registration) of the vehicle; or

(b) on the occurrence of a change to the vehicle, or its configuration or use, that increases the liability to motor tax.

(2)  Motor tax is to be paid by the applicant for registration (or renewal of registration) of the vehicle or, if the liability arises in the course of a period of registration, the registered operator of the vehicle.

36.   Changes to registered vehicle, &c., affecting motor tax

(1)  A person must not use, or permit the use of, a registered vehicle on a public street if there has been an alteration to the vehicle, or its configuration or use, that increases its liability to motor tax unless –

(a) the registration of the vehicle has been upgraded in accordance with the regulations; or

(b) a temporary upgrade permit is in force authorising the use of the vehicle on public streets with the relevant alteration.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 40 penalty units.

(2)  The court may impose an additional fine on a person convicted of an offence against subsection (1) not exceeding the amount of motor tax payable for registration of the vehicle or combination for a registration period of 12 months.

37.   Recovery of motor tax

If a motor vehicle or a trailer is used on public streets, and motor tax for the relevant period of use has not been paid in full, the outstanding motor tax may be recovered as follows:

(a) the motor tax may be recovered as a debt due to the Crown from the registered operator;

(b) on application by the prosecutor, a court by which a person is convicted of unlawfully using the vehicle on public streets may order the convicted person to pay to the Registrar a specified amount by way of motor tax.

PART 6 - Regulations

38.   Driver licensing scheme

(1)  A driver licensing scheme is to be established under the regulations.

(2)  The driver licensing scheme –

(a) is to provide for the issue, duration, variation, expiry, renewal, suspension, cancellation and surrender of driver licences and ancillary certificates; and

(b) may provide for the physical surrender or return of an Australian driver licence, foreign driver licence or ancillary certificate to the Registrar, a court or other authority or its recovery from the holder, former holder or other person in possession of it by the Registrar, a court or other authority; and

(c) may –

(i) provide for the classification of driver licences and ancillary certificates and define rights and obligations attaching to each licence class; and

(ii) provide for driver licences to be issued as learner, provisional or probationary licences; and

(iii) establish codes for designating licence classes or types, or both; and

(d) may establish the criteria of eligibility for holding driver licences or ancillary certificates generally or for a particular class of driver licence or ancillary certificate; and

(e) may prescribe how an application for or related to a driver licence or an ancillary certificate (or the renewal of a driver licence or an ancillary certificate) is to be made and the requirements with which the applicant must, or may be required to, comply; and

(f) may require specified information to be included on the form in which driver licences, ancillary certificates or other documents related to the driver licensing scheme are to be issued; and

(g) may –

(i) provide for the issue of a driver licence or an ancillary certificate on conditions specified in the regulations or to be determined at the Registrar's discretion (or on conditions of both kinds); and

(ii) provide for the later imposition of conditions (of either or both kinds) either at the time of renewal or at any other time; and

(iii) establish codes for designating standard licence conditions; and

(iv) provide for the variation or revocation of the conditions of a licence or an ancillary certificate; and

(h) [Section 38 Subsection (2) amended by No. 41 of 2000, s. 7, Applied:14 Aug 2000] may impose requirements with which the holder of an Australian driver licence, a foreign driver licence or an ancillary certificate is to comply; and

(i) may prescribe a demerit points schedule listing all demerit points offences and the number of demerit points attracted by each offence which is to consist of 3 separate parts –

(i) the first part containing the offences constituting the national schedule of demerit points; and

(ii) the second part containing the interstate demerit points offences that are not on the national schedule of demerit points but are recognised under this Act; and

(iii) the third part containing the remaining demerit points offences; and

(j) may require the holder of a driver licence or an ancillary certificate –

(i) to notify the Registrar of changes of circumstance affecting the details recorded in a register; and

(ii) to give the Registrar other information; and

(k) may –

(i) [Section 38 Subsection (2) amended by No. 41 of 2000, s. 7, Applied:14 Aug 2000] require, or empower the Registrar to require, an applicant for the issue or renewal of a driver licence or an ancillary certificate, the holder of a driver licence or an ancillary certificate, or a person who is exempt from the requirement to hold a driver licence, to submit to a medical examination; and

(ii) deal with the way in which medical examinations are to be conducted; and

(l) may –

(i) [Section 38 Subsection (2) amended by No. 40 of 2000, s. 8, Applied:14 Aug 2000] [Section 38 Subsection (2) amended by No. 41 of 2000, s. 7, Applied:14 Aug 2000] require, or empower the Registrar to require, an applicant for the issue or renewal of a driver licence or an ancillary certificate, the holder of a driver licence, or a person who is exempt from the requirement to hold a driver licence or an ancillary certificate, to submit to a test or assessment of his or her competence to drive motor vehicles of a particular class; and

(ii) require, or empower the Registrar to require, an applicant for the issue or renewal, or the holder, of an ancillary certificate authorising the provision of driving instruction for reward to submit to a test or assessment of his or her competence to teach others to drive; and

(iii) deal with the way in which a test or assessment under subparagraph (i) or (ii) is to be conducted; and

(m) [Section 38 Subsection (2) amended by No. 41 of 2000, s. 7, Applied:14 Aug 2000] may require, or empower the Registrar to require, an applicant for the issue or renewal, or the holder, of a driver licence or an ancillary certificate, or a person who is exempt from the requirement to hold a driver licence, to undergo a training course to satisfy the Registrar that the person is a suitable person to exercise the rights conferred under the driver licence, ancillary certificate or exemption; and

(n) may regulate the provision of driving instruction for reward; and

(o) may regulate the driving of public passenger vehicles; and

(p) may prescribe, or provide for, conditional or unconditional exemptions from –

(i) requirements of the driver licensing scheme generally; or

(ii) a specific requirement of the scheme (including a requirement related to ancillary certificates); and

(q) may provide for the recognition by the Registrar of things done under corresponding laws; and

(r) may deal with any incidental or ancillary matter.

(3)  The driver licensing scheme may provide for the suspension or cancellation of driver licences or ancillary certificates for non-payment of penalties or for other reasons unrelated to the holder's suitability to be the holder of such a licence or certificate.

39.   Vehicle registration scheme

(1)  A vehicle registration scheme is to be established under the regulations.

(2)  The vehicle registration scheme –

(a) is to provide for the registration of motor vehicles and trailers, registration periods and the renewal of registration; and

(b) may prescribe requirements (which may vary according to the nature or class of the vehicle or the purpose for which it is to be used) that must be satisfied if a vehicle is to be eligible for registration or a particular category of registration; and

(c) may prescribe how applications for registration, renewal of registration and other applications under the vehicle registration scheme are to be made and the requirements with which the applicant must, or may be required to, comply; and

(d) may –

(i) provide for conditional registration (on standard conditions specified in the regulations, conditions to be determined by the Registrar in a particular case, or conditions of both kinds); and

(ii) establish codes for designating standard conditions of registration; and

(iii) provide for the variation or revocation of conditions of registration; and

(e) may –

(i) provide for assigning distinguishing registration numbers; and

(ii) empower the Registrar to enter into agreements under which a registration number or registration numbers in a specified form are, for a consideration, to be assigned to a particular vehicle or vehicles; and

(iii) provide for the withdrawal of distinguishing registration numbers previously assigned; and

(f) may provide for the issue of –

(i) certificates of registration; and

(ii) registration labels; and

(iii) other documents relating to registration or the identification of vehicles; and

(iv) number plates –

and prescribe requirements with which any such documents or number plates must comply; and

(g) may prescribe how registration labels and number plates are to be affixed to, and displayed on, the registered vehicle; and

(h) may provide for transfer of registration on change of the registered operator of a vehicle; and

(i) may provide for the suspension, cancellation or surrender of registration; and

(j) may require notice to be given to the Registrar of a change in the beneficial ownership of a vehicle as follows:

(i) if an application for transfer of registration is related to the change in beneficial ownership – in or together with the application for transfer of registration;

(ii) if the change in beneficial ownership occurs when the vehicle is registered but there is no related application for transfer of the registration – in a separate written notice to the Registrar;

(iii) if the change in beneficial ownership occurs when the registration of the vehicle has been expired for a period of 3 months or less – in or together with an application for transfer of the registration of the vehicle;

(iv) if the change in beneficial ownership occurs when the registration of the vehicle has been expired for a period of 3 months or less but there is no related application for transfer of registration – in a separate written notice to the Registrar; and

(k) may provide for –

(i) the inspection of motor vehicles, trailers, their loads and associated equipment; and

(ii) the issue of certificates of inspection; and

(iii) the issue of inspection labels and the consequences of the issue of an inspection label; and

(l) may provide for –

(i) the issue of formal warning notices and vehicle defect notices; and

(ii) the obligations arising from, and other consequences of, the issue of a formal warning notice or vehicle defect notice; and

(m) may make provision for, and with respect to –

(i) trade plates; and

(ii) short term unregistered vehicle permits –

and provide for the use of vehicles under the authority conferred by any such trade plate or permit; and

(n) may require the registered operator, or person in charge, of a vehicle –

(i) to notify the Registrar of alterations to the vehicle or changes of circumstance affecting details recorded in the register of motor vehicles and trailers; and

(ii) to provide other information to the Registrar; and

(iii) to comply with other specified requirements; and

(o) may provide for the recognition of things done under corresponding laws; and

(p) may prescribe, or provide for, conditional or unconditional exemptions from –

(i) vehicle registration requirements generally; or

(ii) a specific requirement related to vehicle registration; and

(q) may deal with incidental and ancillary matters.

(3)  The vehicle registration scheme may provide for the suspension or cancellation of registration for non-payment of penalties or other monetary liabilities relating to the registration or use of the vehicle.

40.   Motor tax

The regulations may –

(a) provide (subject to this Act) –

(i) for the assessment of motor tax; and

(ii) for reassessment of motor tax; and

(iii) for the purpose of assessment or reassessment of motor tax, prescribe formulas, or other bases of calculation, for determining the amount of motor tax payable in a particular case; and

(b) provide for the payment and recovery of motor tax; and

(c) provide for the payment of additional motor tax, or the refund of motor tax, in specified circumstances; and

(d) make provision for, and with respect to, temporary upgrade permits; and

(e) prescribe, or provide for the grant of, exemptions from, and rebates of, motor tax; and

(f) deal with incidental and ancillary matters.

40A.   Vehicle standards

[Section 40A Inserted by No. 22 of 2001, s. 6, Applied:01 Nov 2001]

(1)  The regulations may set vehicle standards.

(2)  Vehicle standards regulations may, without limiting the generality of subsection (1) , prescribe requirements in relation to any or all of the following:

(a) the design, construction, operation, efficiency and performance of vehicles and vehicle components;

(b) the design, construction, operation, efficiency, performance and use of equipment fitted to or carried on vehicles;

(c) the attachment of operational or safety devices;

(d) [Section 40A Subsection (2) amended by No. 71 of 2001, s. 8, Applied:01 Jan 2002] .  .  .  .  .  .  .  .  

(e) roadworthiness;

(f) safety, emissions and noise;

(g) the coupling of motor vehicles and trailers;

(h) the identification of vehicles and vehicle components.

(3)  Vehicle standards regulations –

(a) may prescribe, or provide for, conditional or unconditional exemptions from –

(i) vehicle standards requirements generally; and

(ii) a specific requirement related to vehicle standards; and

(b) may regulate the use of vehicles under such exemptions and of any vehicles that vehicle standards, either particularly or generally, are expressed not to apply to; and

(c) may provide for any matter by applying, adopting or incorporating, either specifically or by reference and either wholly or in part, whether as in force at a particular time or as amended and in force from time to time, and with or without modification, any of the following:

(i) national standards under the Motor Vehicle Standards Act 1989 of the Commonwealth;

(ii) standards published or accredited by Standards Australia that are relevant to vehicle use and safety;

(iii) other standards, codes or specifications that are relevant to vehicle use and safety; and

(d) may provide for the recognition of things done under corresponding laws; and

(e) may deal with incidental and ancillary matters; and

(f) may provide that any guide, diagram, example, note or other explanatory or illustrative item set out in the regulations is or is not part of the regulations.

40B.   Vehicle operations

[Section 40B Inserted by No. 71 of 2001, s. 9, Applied:01 Jan 2002]

(1)  The regulations may provide for matters relating to vehicle operations.

(2)  Without limiting the generality of subsection (1) , the regulations may prescribe requirements in relation to any or all of the following:

(a) masses and dimensions of vehicles and combinations and their loads;

(b) loads on vehicles and combinations, including the manner of loading and the carriage and security of loads;

(c) routes on which, and times at which, certain vehicles or combinations, or classes of vehicles or combinations, may travel;

(d) restrictions on the use of vehicles and combinations, and classes of vehicles and combinations, on public streets;

(e) methods for determining the mass and dimensions of vehicles, combinations and their loads;

(f) methods for testing instruments used for determining the mass and dimensions of vehicles, combinations and their loads;

(g) the carriage on vehicles and combinations of long, large, heavy or projecting loads;

(h) tyre pressures and axles;

(i) the fitting and use of speed limiting devices on vehicles;

(j) the number of hours for which a person may drive, or work in relation to, a vehicle or combination, or class of vehicles or combinations, and the rest periods required to be taken by that person;

(k) the use, carriage and keeping of logbooks in relation to specified classes of vehicles and combinations or other specified matters;

(l) the issue of certificates in relation to vehicle operations;

(m) vehicles that are towing or being towed, including permissible masses of such vehicles;

(n) pilot and escort vehicles;

(o) unladen vehicles;

(p) public safety, including signs and lights on vehicles and combinations.

(3)  Vehicle operations regulations may –

(a) prescribe, or provide for, conditional or unconditional exemptions from –

(i) vehicle operations requirements generally; and

(ii) a specified requirement relating to vehicle operations; and

(b) regulate the use of vehicles and combinations under such exemptions; and

(c) provide for any matter by applying, adopting or incorporating any guidelines, standards, codes or specifications relevant to vehicle use and safety –

(i) specifically or by reference; and

(ii) wholly or in part; and

(iii) as in force at a particular time or as amended and in force from time to time; and

(iv) with or without modification; and

(d) prescribe specifications for signs and the circumstances in which those signs may be used; and

(e) deal with incidental and ancillary matters.

40C.   Written-off vehicles

[Section 40C Inserted by No. 29 of 2002, s. 7, Applied:21 Oct 2002]

(1)  The regulations may provide for all matters relating to written-off vehicles.

(2)  Without limiting the generality of subsection (1) , the regulations may prescribe requirements in relation to any or all of the following:

(a) requiring a person, or a person of a class of persons, to notify the Registrar in respect of any written-off vehicle of which the person has knowledge;

(b) the affixing of a notice or label to a written-off vehicle;

(c) the inspection and seizure of a written-off vehicle;

(d) the issue of a certificate of inspection in relation to a written-off vehicle;

(e) the issue of a certificate determining whether a vehicle is a written-off vehicle.

41.   Registers

The regulations may –

(a) empower or require the Registrar to keep any one or more of the following registers:

(i) a register of driver licences;

(ii) a register of motor vehicles and trailers;

(iii) a register of demerit points;

(iv) [Section 41 Amended by No. 29 of 2002, s. 8, Applied:21 Oct 2002] a register of written-off vehicles;

(v) [Section 41 Amended by No. 29 of 2002, s. 8, Applied:21 Oct 2002] any other register that may be relevant to the Registrar's functions under this Act; and

(ab) [Section 41 Amended by No. 71 of 2001, s. 10, Applied:01 Jan 2002] empower or require the Commission to keep any register that may be relevant to the Commission's functions under this Act; and

(b) deal with the form and content of the registers; and

(c) provide for the security and release of information in the registers; and

(d) [Section 41 Amended by No. 71 of 2001, s. 10, Applied:01 Jan 2002] provide for the issue of certificates by the Registrar or the Commission; and

(e) deal with incidental and ancillary matters.

42.   Review

The regulations may provide for the review of administrative decisions under –

(a) this Act; or

(b) another Act related to vehicles or traffic.

42A.   Offence detection devices

[Section 42A Inserted by No. 7 of 2002, s. 9, Applied:01 Nov 2002]

(1)  The regulations may –

(a) provide for the use of devices in the detection of offences including, without limiting the generality of this paragraph –

(i) the use of photographic detection devices in the detection of red light offences and speeding offences; and

(ii) the use of speed measuring devices in the detection of speeding offences; and

(b) prescribe requirements in relation to the installation, operation and testing of devices that are used in the detection of offences; and

(c) make provision for, and with respect to, the inspection, use and admissibility of evidence obtained from such devices; and

(d) make provision for, and with respect to, evidentiary matters associated with the installation, operation and testing of such devices; and

(e) deal with any incidental and ancillary matters.

(2)  In this section,

offences means –

(a) traffic offences; or

(b) offences against other Acts that involve traffic, vehicles or the users of vehicles; or

(c) offences that are the subject of proceedings in which the presence or use of vehicles at particular times and places is relevant or in issue.

43.   Inclusion or exclusion of areas

(1)  The regulations may declare that –

(a) this Act, or a specified provision of this Act, is to apply to a specified area that is open to, or used by, the public as if the area were a public street; or

(b) this Act, or a specified provision of this Act, is not to apply to a specified public street, or a specified part of a public street.

(2)  A declaration under this section has effect in accordance with its terms.

44.   Fees

(1)  The regulations may –

(a) fix fees, or the basis on which fees are to be calculated, on any application under this Act (including differential fees that vary according to whether an application is made within, or after the expiration of, a particular time limit); and

(b) fix fees, or the basis on which fees are to be calculated, for –

(i) any administrative act under this Act; and

(ii) any service or materials provided under this Act.

(2)  The regulations may also –

(a) provide for the payment and recovery of fees; and

(b) provide for concessions, waivers, rebates or exemptions related to fees and provide for refunds (or partial refunds) of fees; and

(c) deal with incidental and ancillary matters.

45.   Regulations generally

(1)  The Governor may make regulations for the purposes of this Act.

(2)  Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.

(3)  The regulations may –

(a) provide that a contravention of any of the regulations is an offence; and

(b) [Section 45 Subsection (3) amended by No. 71 of 2001, s. 11, Applied:01 Jan 2002] in respect of such an offence, provide –

(i) for a first offence – for the imposition of a fine not exceeding 20 penalty units for an individual or 100 penalty units for a body corporate; and

(ii) for a second or subsequent offence – for the imposition of a fine not exceeding 40 penalty units for an individual or 200 penalty units for a body corporate.

(3A)  [Section 45 Subsection (3A) inserted by No. 71 of 2001, s. 11, Applied:01 Jan 2002] Any of the regulations regulating or restricting the mass of a vehicle or combination and its load, either generally or on a particular street, at a particular location or in any particular circumstance, may provide that a court must impose an additional penalty for each offence.

(3B)  [Section 45 Subsection (3B) inserted by No. 71 of 2001, s. 11, Applied:01 Jan 2002] A penalty under subsection (3A) is to be calculated in the manner prescribed in the regulations, with reference to the amount by which the mass transmitted to the road by the vehicle or combination, or part of the vehicle or combination, exceeds that permitted by the regulations.

(4)  The regulations may authorise any matter to be from time to time determined, applied or regulated by the Minister, the Registrar or another nominated person.

(5)  The regulations may contain provisions of a savings or transitional nature.

(6)  A provision of a regulation made under subsection (5) may, if the regulation so provides, operate retrospectively from the first day on which provisions of this Act commence or a specified later day.

(7)  [Section 45 Subsection (7) inserted by No. 71 of 2001, s. 11, Applied:01 Jan 2002] Any penalty imposed by virtue of subsection (3A) on the conviction of a person for an offence –

(a) if the offence was committed on a State highway or subsidiary road within the meaning of the Roads and Jetties Act 1935 , is to be paid into the State Highways Trust Fund; and

(b) if the offence was committed elsewhere, is to be paid into the municipal fund of the council of the municipal area in which the place at which the offence was committed is situated.

PART 7 - Compliance and Enforcement

46.   Power to stop vehicle

(1)  [Section 46 Subsection (1) amended by No. 71 of 2001, s. 12, Applied:01 Jan 2002] A police officer or an authorised officer may direct or signal the driver of a motor vehicle or combination to stop the motor vehicle or combination –

(a) so that the driver may be asked to produce for inspection any document that the driver may be required by the officer to produce under this Part; or

(b) [Section 46 Subsection (1) amended by No. 71 of 2001, s. 12, Applied:01 Jan 2002] so that the vehicle or combination, and any equipment associated with the vehicle or combination or its load may be inspected under this Part; or

(ba) [Section 46 Subsection (1) amended by No. 71 of 2001, s. 12, Applied:01 Jan 2002] so that the vehicle or combination, including its load, may be weighed or measured, or both weighed and measured, in accordance with this Act; or

(c) so that other powers of investigation or inquiry conferred by this Part may be exercised.

(1AA)  [Section 46 Subsection (1AA) inserted by No. 33 of 2002, s. 5, Applied:01 Dec 2002] Subsection (1)(a) does not extend to the production for inspection of an Australian driver licence or a foreign driver licence.

(1A)  [Section 46 Subsection (1A) inserted by No. 71 of 2001, s. 12, Applied:01 Jan 2002] A police officer or authorised officer may direct or signal the driver of a motor vehicle or combination to drive the vehicle or combination to –

(a) the nearest weighing device on the route on which the vehicle or combination is proceeding; or

(b) any weighing device, or place that in the officer's opinion is suitable for the use of a weighing device, within 10 kilometres of the place at which the direction is given.

(2)  A person must –

(a) [Section 46 Subsection (2) amended by No. 71 of 2001, s. 12, Applied:01 Jan 2002] comply with a direction or signal given by a police officer or an authorised officer under subsection (1) or subsection (1A) ; and

(b) keep the vehicle stationary for as long as the police officer or the authorised officer reasonably requires.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 25 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 50 penalty units.

(3)  [Section 46 Subsection (3) inserted by No. 71 of 2001, s. 12, Applied:01 Jan 2002] After being directed or signalled under subsection (1) or (1A) , a person must not unload the vehicle or combination or alter the position of the load, or cause or permit the vehicle or combination to be unloaded or the position of the load to be altered, until the vehicle or combination has been inspected in accordance with this Part.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 25 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 50 penalty units.

46A.   Carriage and production of driver licence, &c.

[Section 46A Inserted by No. 33 of 2002, s. 6, Applied:01 Dec 2002]

(1)  The holder of an Australian driver licence, while driving, or in charge of, a motor vehicle on a public street, or instructing a person learning to drive a motor vehicle on a public street, must –

(a) carry the Australian driver licence; and

(b) produce the licence for inspection by a police officer or an authorised officer when requested to do so by the officer.

Penalty:  Fine not exceeding 5 penalty units.

(2)  The holder of a foreign driver licence, while driving, or in charge of, a motor vehicle on a public street, must –

(a) carry –

(i) the foreign driver licence and, if the foreign driver licence is not written in English, an English translation of the licence; or

(ii) an international driving permit; and

(b) produce the foreign driver licence, translation or permit, as the case may be, for inspection by a police officer or an authorised officer when requested to do so by the officer.

Penalty:  Fine not exceeding 5 penalty units.

(3)  A person, while driving, or in charge of, a motor vehicle, or engaging in any other activity for which an ancillary certificate is required, must carry the certificate and produce it for inspection by a police officer or an authorised officer when requested to do so by the officer.

Penalty:  Fine not exceeding 5 penalty units.

47.   Production of documents by drivers and persons in charge of vehicles

(1)  If a police officer or an authorised officer asks the driver of a motor vehicle to produce for inspection a document that is required under this or any other Act to be carried by the driver while driving or to be carried in or on the vehicle, the driver must produce the document forthwith for inspection by the officer.

Penalty:  Fine not exceeding 10 penalty units.

(2)  [Section 47 Subsection (2) omitted by No. 33 of 2002, s. 7, Applied:01 Dec 2002] .  .  .  .  .  .  .  .  

(3)  If a police officer or an authorised officer asks a person apparently in charge of a motor vehicle (other than the driver) to produce for inspection a document that is required under this or any other Act to be carried in or on the vehicle, the person must produce the document forthwith for inspection by the officer.

Penalty:  Fine not exceeding 10 penalty units.

(4)  If the driver or other person asked to produce a document for inspection does not have it available for production when asked by a police officer or an authorised officer to produce it, the driver or other person must produce it for inspection within 7 days of the date of the request at a police station or other place nominated by the officer.

Penalty:  

(a) if the document was required to be carried by the convicted person or in the motor vehicle but was not so carried – a fine not exceeding 10 penalty units; and

(b) in any other case – a fine not exceeding 5 penalty units.

(5)  It is a defence to a charge of an offence against this section to establish –

(a) that –

(i) the relevant document had been lost or destroyed; and

(ii) it was impracticable in the circumstances to have a replacement document available for inspection at the time of the request; and

(iii) [Section 47 Subsection (5) amended by No. 71 of 2001, s. 13, Applied:01 Jan 2002] the defendant gave the Registrar or the Commission a statutory declaration setting out the circumstances of the loss or destruction of the document within 7 days after the date of the request for its production; or

(b) that –

(i) the relevant document is in the possession of someone else; and

(ii) the defendant has made reasonable attempts without success to obtain the document from that other person; and

(iii) [Section 47 Subsection (5) amended by No. 71 of 2001, s. 13, Applied:01 Jan 2002] the defendant gave the Registrar or the Commission a statutory declaration setting out the name and address of the person who has possession of the document within 7 days after the date of the request for its production.

(6)  A reference in this section to the driver of a motor vehicle extends to any of the following:

(a) the holder of an ancillary certificate in driving instruction;

(b) a person who is instructing the learner driver.

(7)  A person cannot be convicted, in respect of the same incident, both of an offence of failing to produce a document forthwith when asked to produce it under this section and of an offence of failing to carry the document as required under this Act.

48.   Miscellaneous document production requirements

(1)  The holder (or former holder) of an Australian driver licence or an ancillary certificate, or any other person in possession of an Australian driver licence or an ancillary certificate (including one that is void), must, if asked to do so for sufficient reason by the Registrar, a police officer or an authorised officer, deliver into the custody of the Registrar or the officer making the request, the licence, ancillary certificate or any related document issued under this Act.

Penalty:  Fine not exceeding 10 penalty units.

(2)  There is sufficient reason for a request under subsection (1) if –

(a) the driver licence or ancillary certificate has been cancelled or suspended; or

(b) the driver licence or ancillary certificate is required for endorsement or replacement by the Registrar; or

(c) the person of whom the request is made has failed to comply with an obligation to return or deliver up the licence or ancillary certificate to which the request relates to the Registrar.

(3)  [Section 48 Subsection (3) amended by No. 71 of 2001, s. 14, Applied:01 Jan 2002] The registered operator of a motor vehicle or a trailer, or any other person who uses a motor vehicle, trailer or combination on a public street must, if asked to do so for sufficient reason by the Registrar, the Commission, a police officer or an authorised officer, deliver into the custody of the Registrar, the Commission or the officer making the request, any number plate, trade plate, registration label, certificate of registration, short term unregistered vehicle permit, or other document issued under this Act in connection with the registration of the vehicle or combination or its use on public streets.

Penalty:  Fine not exceeding 10 penalty units.

(4)  There is sufficient reason for a request under subsection (3) if the relevant registration, plate or document has been cancelled or suspended or has expired.

(4A)  [Section 48 Subsection (4A) inserted by No. 71 of 2001, s. 14, Applied:01 Jan 2002] The driver of a motor vehicle or combination, or any other person who uses a motor vehicle or combination, must, if asked to do so for sufficient reason by the Commission, a police officer or an authorised officer, deliver into the custody of the Commission or the officer making the request any document, record or logbook issued by the Commission, or required to be kept under this Act, in connection with the driving of vehicles.

Penalty:  Fine not exceeding 10 penalty units.

(5)  [Section 48 Subsection (5) amended by No. 41 of 2000, s. 8, Applied:14 Aug 2000] If a person who holds an Australian driver licence, a foreign driver licence or an ancillary certificate is involved in proceedings under this Act or the Road Safety (Alcohol and Drugs) Act 1970  –

(a) the person must have the document available for production to the court and produce it if asked to do so by the court; and

(b) the court may take the document into its custody (and, if it does so, must return the document to the person who produced it or the Registrar when the court no longer requires it for the purpose of its proceedings).

Penalty:  Fine not exceeding 5 penalty units.

(6)  A person who is required under the regulations to keep a record must, if asked to do so by a police officer or an authorised officer, produce the record for inspection by the officer.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 15 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 30 penalty units.

(7)  It is a defence to a charge of an offence against this section to establish that –

(a) the relevant document had been lost or destroyed; and

(b) it was impracticable in the circumstances to have a replacement document available for inspection at the time of the request; and

(c) [Section 48 Subsection (7) amended by No. 71 of 2001, s. 14, Applied:01 Jan 2002] the defendant gave the Registrar or the Commission a statutory declaration setting out the circumstances of the loss or destruction of the document within 7 days after the date of the request for its production.

49.   Inspection of vehicles

(1)  [Section 49 Subsection (1) amended by No. 71 of 2001, s. 15, Applied:01 Jan 2002] A police officer or an authorised officer may inspect a vehicle or combination for the purpose of –

(a) identifying the vehicle; or

(b) ascertaining –

(i) in the case of a motor vehicle– the kind of engine that the vehicle has, and where the engine is a piston engine, the number of cylinders; or

(ii) in the case of a motor vehicle or a trailer– the GVM or the GCM of the vehicle or the number of passenger seating positions in the vehicle; or

(c) ascertaining the condition of the vehicle; or

(d) [Section 49 Subsection (1) amended by No. 71 of 2001, s. 15, Applied:01 Jan 2002] ascertaining whether the use of the vehicle or combination on public streets is properly authorised or permitted under this Act; or

(e) ascertaining whether the correct amount of motor tax has been paid in respect of the vehicle; or

(ea) [Section 49 Subsection (1) amended by No. 71 of 2001, s. 15, Applied:01 Jan 2002] weighing or measuring, or both weighing and measuring, the vehicle or combination, or any part of the vehicle or combination, and its load; or

(f) ascertaining whether this Act or a related Act is being complied with.

(2)  The police officer or authorised officer may also –

(a) inspect and test any equipment that forms part of the vehicle, or is attached to or used in connection with the vehicle; and

(b) [Section 49 Subsection (2) amended by No. 71 of 2001, s. 15, Applied:01 Jan 2002] inspect any load carried by the vehicle or combination.

(c) [Section 49 Subsection (2) amended by No. 71 of 2001, s. 15, Applied:01 Jan 2002] .  .  .  .  .  .  .  .  

(3)  The power of inspection is exercisable –

(a) [Section 49 Subsection (3) amended by No. 71 of 2001, s. 15, Applied:01 Jan 2002] on a public street or in a public place if the vehicle or combination –

(i) has been stopped for inspection under this Part on the public street or in the public place; or

(ii) is parked or standing on the public street or in the public place; or

(b) at a garage, depot or other premises (which may be a residence) if –

(i) [Section 49 Subsection (3) amended by No. 71 of 2001, s. 15, Applied:01 Jan 2002] it reasonably appears to the officer that the garage, depot or other premises are used in connection with the vehicle or combination; and

(ii) the inspection is carried out at a reasonable time.

(4)  [Section 49 Subsection (4) amended by No. 71 of 2001, s. 15, Applied:01 Jan 2002] For the purposes of an inspection, the officer may direct a person in charge or apparently in charge of the vehicle or combination to do one or more of the following:

(a) [Section 49 Subsection (4) amended by No. 71 of 2001, s. 15, Applied:01 Jan 2002] to move the vehicle or combination to an appropriate place for carrying out the inspection;

(ab) [Section 49 Subsection (4) amended by No. 71 of 2001, s. 15, Applied:01 Jan 2002] to place the vehicle or combination, or part of the vehicle or combination, on a weighing device;

(ac) [Section 49 Subsection (4) amended by No. 71 of 2001, s. 15, Applied:01 Jan 2002] to assist the officer to weigh or measure the vehicle or combination and its load;

(b) [Section 49 Subsection (4) amended by No. 71 of 2001, s. 15, Applied:01 Jan 2002] to drive and manoeuvre the vehicle or combination, in a manner directed by the officer, over a short distance;

(c) to open any compartment of the vehicle;

(d) [Section 49 Subsection (4) amended by No. 71 of 2001, s. 15, Applied:01 Jan 2002] to demonstrate the operation of the vehicle or combination or any associated equipment;

(e) if the officer considers it appropriate– to dismantle any equipment used in connection with the vehicle;

(ea) [Section 49 Subsection (4) amended by No. 71 of 2001, s. 15, Applied:01 Jan 2002] if the officer considers it appropriate, to unload or partially unload the vehicle or combination, or alter its load, so that it complies with this Act;

(f) [Section 49 Subsection (4) amended by No. 71 of 2001, s. 15, Applied:01 Jan 2002] to answer any reasonable question about the vehicle and its registration and use, or about the load carried on the vehicle or combination.

(5)  [Section 49 Subsection (5) amended by No. 71 of 2001, s. 15, Applied:01 Jan 2002] If the officer considers the vehicle or combination unsafe, the officer may direct a person in charge or apparently in charge of the vehicle or combination to secure it and leave it at the place of inspection until further action specified by the officer is completed.

(6)  A person must not, without reasonable excuse, fail to comply with a direction of a police officer or an authorised officer under subsection (4) or (5) .

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 25 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 50 penalty units.

(7)  A

related Act is –

(a) the Traffic Act 1925 ; or

(b) [Section 49 Subsection (7) amended by No. 41 of 2000, s. 9, Applied:14 Aug 2000] the Taxi and Luxury Hire Car Industries Act 1995 ; or

(c) the Passenger Transport Act 1997 ; or

(d) the Dangerous Goods Act 1998 .

49A.   Power to unload

[Section 49A Inserted by No. 71 of 2001, s. 16, Applied:01 Jan 2002]

(1)  A police officer or an authorised officer who reasonably suspects that a vehicle or combination is in breach of a mass or dimension limit or load security requirement may direct the driver to unload part or all of the load, secure the load, or cause part or all of the load to be unloaded or secured, so that the vehicle or combination complies with this Act.

(2)  A police officer or an authorised officer may direct the driver, before complying with subsection (1) , to drive or tow the vehicle or combination, or cause it to be driven or towed, to a place that in the officer's opinion is the nearest place of safety.

(3)  A person must not fail to comply with a direction under subsection (1) .

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 25 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 50 penalty units.

50.   Production of vehicles for inspection

(1)  The Registrar may, by notice in writing, require a person to produce a motor vehicle or a trailer that is used, or intended for use, on a public street, for inspection by a police officer, an authorised officer or some other person approved by the Registrar.

(2)  The Registrar may give a reason for requiring the inspection but is not required to do so.

(3)  The notice requiring the inspection is to –

(a) specify a date by which, or a period within which, the inspection is to be carried out; and

(b) contain other directions, including directions regarding the place of inspection and inspection procedure, as the Registrar considers appropriate.

(4)  The time allowed for carrying out the inspection, and the place of inspection, must be such as are reasonable in the circumstances.

(5)  The requirement may be addressed to the registered operator (if the vehicle is registered) or any person who is responsible or apparently responsible for the vehicle.

(6)  A person on whom a notice under this section has been served may, not later than 24 hours before the time fixed in the notice for production of the vehicle, request the Registrar to change the time or place of the inspection, or both.

(7)  The Registrar must, if it is reasonable to do so, comply with the request and notify the person of the change in the time or place of the inspection, or both.

(8)  A person required under this section to produce a vehicle for inspection must comply with the requirement.

Penalty:  For –

(a) a first offence –

(i) in the case of a vehicle of a prescribed category – a fine not exceeding 20 penalty units; and

(ii) in any other case – a fine not exceeding 10 penalty units; and

(b) a second or subsequent offence –

(i) in the case of a vehicle of a prescribed category – a fine not exceeding 40 penalty units; and

(ii) in any other case – a fine not exceeding 20 penalty units.

(9)  The prescribed fee is payable for an inspection under this section.

50A.   Power to retain vehicles

[Section 50A Inserted by No. 29 of 2002, s. 9, Applied:21 Oct 2002]

(1)  An authorised officer who is inspecting a vehicle may retain the vehicle in his or her custody for a period of not more than 24 hours if the officer suspects on reasonable grounds that the vehicle is stolen or has recorded on it an identification number that is not allocated to that vehicle.

(2)  A vehicle that is retained under subsection (1) may be retained at the place of inspection or at another place that the authorised officer considers appropriate.

(3)  If an authorised officer retains a vehicle under subsection (1) , he or she may notify the Commissioner of Police of that retention and the officer's suspicion that the vehicle is stolen or has recorded on it an identification number that is not allocated to it.

51.   Power of seizure

(1)  A police officer or an authorised officer may, in the course of inspecting a motor vehicle or a trailer, seize any number plate, device or document in or on the motor vehicle or trailer, and take it into the officer's custody, if the officer suspects, on reasonable grounds, that the plate, device or document has been used in committing an offence against this Act.

(2)  If, in the course of inspecting a vehicle, a police officer finds any goods that the officer suspects, on reasonable grounds, to have been stolen, the officer may seize the goods and take them into the officer's custody.

52.   Powers of entry

(1)  A police officer or an authorised officer may enter and remain on premises –

(a) to inspect any vehicles at the premises; and

(ab) [Section 52 Subsection (1) amended by No. 71 of 2001, s. 17, Applied:01 Jan 2002] to inspect the load on any such vehicle or combination; and

(ac) [Section 52 Subsection (1) amended by No. 71 of 2001, s. 17, Applied:01 Jan 2002] to inspect any documents issued by the Registrar or the Commission under this Act and any records or documents required to be kept at the premises for the purposes of this Act; and

(b) if an applicant for, or the holder of, a trade plate carries on a business at the premises – to inspect the business.

(2)  [Section 52 Subsection (2) substituted by No. 71 of 2001, s. 17, Applied:01 Jan 2002] In the course of carrying out an inspection under subsection (1) , the police officer or authorised officer may –

(a) direct a person to answer reasonable questions relating to the inspection; and

(b) make copies of, or take extracts from, records or documents referred to in subsection (1)(ac) .

(3)  A person must not, without reasonable excuse, fail to comply with a direction of a police officer or an authorised officer under subsection (2) .

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 25 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 50 penalty units.

(4)  A power of entry conferred by this section may only be exercised at a reasonable time and, if the premises are residential premises, if –

(a) the occupier consents; or

(b) the entry is authorised by warrant under the Search Warrants Act 1997 .

53.   Hindering or obstructing police officers or authorised officers

A person must not hinder or obstruct a police officer or an authorised officer acting in the exercise of powers conferred by this Act.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 25 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 50 penalty units.

54.   Evidence of authority

[Section 54 Substituted by No. 40 of 2000, s. 9, Applied:14 Aug 2000]

(1)  In this section –

approved means approved by the Commission for the purposes of identifying an authorised officer;

take action means make a requirement, or exercise another power, under this Part.

(2)  An authorised officer must produce the officer's warrant of authority to a person if the officer –

(a) intends to take action against the person and the officer is not wearing an approved uniform or badge; or

(b) intends or has commenced to take action against the person and the person asks to see the warrant of authority.

(3)  If it is not practicable to produce the warrant of authority immediately in a case to which subsection (2)(b) applies, it must be produced as soon as practicable afterwards.

55.   Verification of record

(1)  [Section 55 Subsection (1) amended by No. 71 of 2001, s. 18, Applied:01 Jan 2002] If there are reasonable grounds for believing that information contained in a register is inaccurate, misleading or incomplete, the Registrar or the Commission may, by written notice, require the person to whom the information relates to do one or more of the following:

(a) [Section 55 Subsection (1) amended by No. 71 of 2001, s. 18, Applied:01 Jan 2002] to provide information the Registrar or the Commission considers necessary to correct or complete the relevant entry in the register;

(b) [Section 55 Subsection (1) amended by No. 71 of 2001, s. 18, Applied:01 Jan 2002] to provide evidence of the correctness of the information provided under paragraph (a) in a form specified by the Registrar or the Commission;

(c) to provide specified documents for inspection;

(d) to attend at a particular time and place for identification.

(2)  [Section 55 Subsection (2) amended by No. 71 of 2001, s. 18, Applied:01 Jan 2002] If a person is required to attend for identification, the Registrar or the Commission may, at the request of the person required to attend, change the time or place, or both, fixed in the notice for the attendance.

(3)  A person must comply with a requirement under this section.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 10 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 20 penalty units.

56.   Tests and examinations of drivers

(1)  The Registrar may require a person who is authorised or entitled to drive motor vehicles of a particular class in Tasmania under a driver licence, ancillary certificate or exemption to undergo a test or assessment, or provide other evidence to the Registrar's satisfaction, that the person –

(a) is competent to drive motor vehicles of the relevant class and is a suitable person to drive such vehicles; and

(b) has adequate knowledge of safe driving practices and adequate skill in their application; and

(c) in the case of the holder of an ancillary certificate in driving instruction – is a suitable person to provide instruction in the driving of motor vehicles of the relevant class.

(2)  The Registrar may require a person who is authorised or entitled to drive motor vehicles of a particular class in Tasmania under a licence, ancillary certificate or exemption to submit to a medical examination (at the person's own expense) by a medical practitioner or a registered health care practitioner, or to produce other evidence to the Registrar's satisfaction, that the person complies with relevant standards of physical and mental fitness to drive motor vehicles of the relevant class.

(3)  The Registrar may require a person who is authorised or entitled to drive motor vehicles of a particular class in Tasmania under a licence, ancillary certificate or exemption to submit to a test to satisfy the Registrar that the person has an adequate knowledge of the law governing road traffic.

(4)  A requirement under this section is made by a notice in writing –

(a) addressed to the person who is required to comply with the requirement; and

(b) specifying the time within which compliance is required; and

(c) served on the person required to comply.

(5)  A person must comply with a requirement under this section.

PART 7A - Management of public streets

56A.   Temporary closure of public streets for public events

[Section 56A Inserted by No. 104 of 2001, s. 22, Applied:01 Jan 2002]

(1)  In this section  –

public event means an event that members of the public are expected or invited to watch or participate in, whether on payment of a fee or otherwise, and, without limiting the generality of this, includes –

(a) a religious pageant; and

(b) a commemorative parade; and

(c) a race for athletes or a race, rally or reliability trial for vehicles; and

(d) a cultural festival; and

(e) a political demonstration;

public street includes any part of a public street.

(2)  The Commissioner of Police may, if satisfied that it is necessary or expedient to do so to facilitate the organisation or holding of a public event, authorise –

(a) the temporary closure of a public street to all traffic; or

(b) the temporary closure of a public street to traffic of a particular kind; or

(c) the temporary closure of a public street to traffic other than traffic of a particular kind.

(3)  The authorisation is effectively given if published, in the form of a notice, in a newspaper that is published daily in Tasmania and circulated generally in that part of the State where the public event is to be held.

(4)  The notice must clearly identify the public street, specify the period of temporary closure and, if applicable, the kind of traffic affected by or excluded from the closure.

(5)  The authorisation may be made subject to such exemptions and conditions, including a requirement that the organisers of the event enter into a policy of insurance regarding any deaths, personal injuries or property damage that may arise from the public event, as the Commissioner reasonably determines and specifies in the notice.

(6)  In order to give effect to an authorisation under this section, a police officer or, with the approval of a senior police officer, any other person may –

(a) place or erect barriers, signs and other traffic control devices on or in respect of the public street to which the authorisation relates; and

(b) give directions to any person in relation to the use of that public street.

(7)  A person must comply with a direction under subsection (6)(b) .

Penalty:  Fine not exceeding 15 penalty units.

56B.   Temporary closure of public streets in case of danger

[Section 56B Inserted by No. 104 of 2001, s. 22, Applied:01 Jan 2002]

(1)  A police officer who is satisfied that there is an obstruction or danger to traffic on a public street, or that such an obstruction or danger may arise, may take such action and give such directions to such persons as he or she reasonably considers necessary or expedient in the circumstances to close that street or restrict its use.

(2)  A person must comply with a direction under subsection (1) .

Penalty:  Fine not exceeding 15 penalty units.

56C.   Certain activities prohibited on public streets

[Section 56C Inserted by No. 104 of 2001, s. 22, Applied:01 Jan 2002]

(1)  A person who does not have a permit to do so must not set up or use a stall, stand or vehicle on a public street for the purposes of –

(a) selling any goods; or

(b) a business, calling or employment.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; or

(b) a second or subsequent offence – a fine not exceeding 40 penalty units.

(2)  Permits for this section may be issued by the general manager of the council in which the public street is located (the "relevant council") and any person may apply in writing for such a permit.

(3)  In determining whether or not to grant an application for a permit, the general manager of the relevant council –

(a) must consult the police officer in charge of the police district in which the public street is located; and

(b) must have regard to relevant traffic conditions and the safety and convenience of the public; and

(c) may have regard to such other considerations as appear relevant in the circumstances.

(4)  A permit –

(a) is to be in such form as the general manager issuing it determines; and

(b) must be issued only for a specific date or dates, or for a specific period not exceeding 12 months; and

(c) may be made subject to such conditions as the general manager issuing it considers necessary or expedient in the interests of public safety and convenience; and

(d) must specify the name of the permit holder and the date or period, and the public street, for which it is issued.

(5)  A permit –

(a) may be surrendered but is not capable of being amended, renewed or transferred; and

(b) may, by written notice to the permit holder, be cancelled by the general manager of the relevant council if he or she is satisfied on reasonable grounds that the permit holder has committed serious or repeated breaches of the permit conditions; and

(c) is not a defence to an action or indictment for nuisance.

(6)  The holder of a permit must –

(a) comply with its conditions; and

(b) immediately produce it to any police officer who demands to see it.

Penalty:  Fine not exceeding 10 penalty units.

PART 7B - Photographic detection devices

56D.   Declaration of photographic detection device

[Section 56D Inserted by No. 7 of 2002, s. 10, Applied:01 Nov 2002]

(1)  The Minister, by notice published in the Gazette, may declare that a device specified in the notice, or a device of a kind specified in the notice, is a photographic detection device for the purposes of this Act.

(2)  A notice under this section is not a statutory rule within the meaning of the Rules Publication Act 1953 .

(3)  Notwithstanding section 4 of the Traffic Offence Detection Devices (New Arrangements) Act 2002 , any notice in force under section 3(3) of the Traffic Act 1925 immediately before the commencement of that section continues in force according to its terms as if it were a notice under subsection (1) .

56E.   Facilitation of proof

[Section 56E Inserted by No. 7 of 2002, s. 10, Applied:01 Nov 2002]

(1)  In this section –

[Section 56E Subsection (1) amended by No. 19 of 2004, s. 4, Applied:14 Jul 2004] information includes information in the form of symbols and images;

offence means –

(a) a traffic offence; or

(b) an offence against another Act involving traffic, vehicles or the users of vehicles; or

(c) [Section 56E Subsection (1) amended by No. 19 of 2004, s. 4, Applied:14 Jul 2004] an offence that is the subject of proceedings in which the presence or use of a vehicle at a particular time and location is relevant or in issue;

[Section 56E Subsection (1) amended by No. 19 of 2004, s. 4, Applied:14 Jul 2004] photograph includes a set of photographs;

[Section 56E Subsection (1) amended by No. 19 of 2004, s. 4, Applied:14 Jul 2004] shown, in relation to a photograph, means –

(a) shown in the photograph; or

(b) shown as information that, by any process, has been appended to or combined with the photograph;

[Section 56E Subsection (1) amended by No. 19 of 2004, s. 4, Applied:14 Jul 2004]

specified, in relation to a certificate, means specified in the certificate;

time means date and time.

(2)  [Section 56E Subsection (2) substituted by No. 19 of 2004, s. 4, Applied:14 Jul 2004] In any proceedings for an offence –

(a) the production of a photograph taken, or derived from data recorded, by a photographic detection device at or in respect of a particular time and location is evidence of what the photograph shows and, in particular –

(i) for a red light offence involving a red traffic light, is evidence that, at the time shown, the driver of the photographed vehicle had entered the intersection shown contrary to a red traffic light; and

(ii) for a red light offence involving a red traffic arrow, is evidence that, at the time shown, the driver of the photographed vehicle had entered the intersection shown contrary to a red traffic arrow; and

(iii) for a speeding offence, is evidence that, at the time and location shown, the speed of the photographed vehicle was the speed shown; and

(iv) for an offence in which the presence or use of a vehicle on a public street (or a particular public street) at a particular time and location is relevant or in issue, is evidence that, at the time and location shown, the photographed vehicle was present or being used as shown on the public street shown; and

(b) the production of a certificate purportedly signed by a police officer –

(i) stating that a specified photograph was taken, or derived from data recorded, by a photographic detection device at a specified time and location; and

(ii) explaining the meaning or significance of any of the information shown –

is evidence that –

(iii) the photograph was so taken or derived; and

(iv) the information has that meaning or significance; and

(c) the production of a certificate signed by a police officer or other person and stating that, at a specified time –

(i) a specified device was a photographic detection device for the purposes of this Act; and

(ii) he or she was authorised under section 56F to install or operate, or install and operate, the specified device; and

(iii) he or she tested the specified device, in accordance with the regulations, at the location where it was installed or being operated; and

(iv) he or she found the specified device to be operating correctly at that location –

is evidence of the matters set out in the certificate; and

(d) the production of a certificate in the prescribed form purporting to be signed by a person having the prescribed qualifications and specifying the time when a specified photographic detection device was tested is evidence of the matters set out in the certificate.

(3)  [Section 56E Subsection (3) omitted by No. 19 of 2004, s. 4, Applied:14 Jul 2004] .  .  .  .  .  .  .  .  

56F.   Authorisation of persons to install and operate photographic detection devices

[Section 56F Inserted by No. 7 of 2002, s. 10, Applied:01 Nov 2002]

(1)  A senior police officer may authorise another police officer or person to do either or both of the following things for the purposes of this Act:

(a) install photographic detection devices;

(b) operate photographic detection devices.

(2)  The authorisation may apply to photographic detection devices generally or photographic detection devices of a kind specified in the authorisation.

(3)  The authorisation may be for an indefinite period or for a period specified in the authorisation.

(4)  Notwithstanding section 6 of the Traffic Offence Detection Devices (New Arrangements) Act 2002, any authorisation in force under section 51B(2) of the Traffic Act 1925 immediately before the commencement of that section continues in force according to its terms as if it were an authorisation under subsection (1) .

PART 8 - Miscellaneous

57.   Registrar's power to fix fees

(1)  [Section 57 Subsection (1) amended by No. 71 of 2001, s. 19, Applied:01 Jan 2002] The Registrar or the Commission may fix fees for materials and services for which fees are not fixed by the regulations.

(2)  The fees may be fixed –

(a) by notice in the Gazette; or

(b) by negotiation with the person to whom the materials or services are to be provided.

(3)  [Section 57 Subsection (3) amended by No. 71 of 2001, s. 19, Applied:01 Jan 2002] The Registrar or the Commission may, for good reason, remit wholly or in part a fee fixed under this section.

58.   Recovery of fees

The Registrar may recover fees under this Act as a debt due to the Crown.

59.   Payment of motor tax and fire levy

(1)  The Registrar must, as and when directed by the Treasurer, pay to the Treasurer for the credit of the Consolidated Fund the amount of motor tax received or recovered under this Act less the amount of any refunds made under this Act.

(2)  The Registrar must, at least monthly, pay to the State Fire Commission the amounts prescribed under section 77L of the Fire Service Act 1979 as the fire levy payable on registration or renewal of registration of motor vehicles (other than motor cycles).

60.   Register not evidence of ownership

The register does not provide evidence of title to any motor vehicle or trailer.

61.   Register not to be public record

The register is not to be available for inspection by the public.

62.   Immunity from liability

(1)  The Minister, the Registrar or an authorised officer incurs no civil liability for an act or omission done or made in good faith and in the exercise or purported exercise of functions under this Act.

(2)  A liability that would, apart from subsection (1), attach to the Minister, the Registrar or an authorised officer attaches instead to the Crown.

63.   Report of unfit driver or defective vehicle

(1)  A person incurs no civil or criminal liability for reporting to the Registrar, in good faith, that another person may be unfit to drive a motor vehicle or that a motor vehicle or a trailer may be defective.

(2)  A person incurs no civil or criminal liability for reporting to the Registrar, in good faith –

(a) the results of a test or examination carried out under this Act; or

(b) an opinion formed as a result of conducting such a test or examination.

64.   Offences of dishonesty

(1)  A person must not –

(a) dishonestly obtain or attempt to obtain –

(i) a driver licence (or renewal of a driver licence); or

(ii) an ancillary certificate (or renewal of an ancillary certificate); or

(iii) the registration (or renewal of registration) of a motor vehicle or a trailer; or

(iv) a short term unregistered vehicle permit; or

(v) a temporary upgrade permit; or

(vi) the transfer of the registration of a motor vehicle or a trailer; or

(vii) a trade plate; or

(viii) [Section 64 Subsection (1) amended by No. 71 of 2001, s. 20, Applied:01 Jan 2002] an exemption from a requirement relating to vehicle standards or vehicle operations; or

(b) dishonestly provide false or misleading information in connection with an application under this Act; or

(ba) [Section 64 Subsection (1) amended by No. 29 of 2002, s. 10, Applied:21 Oct 2002] dishonestly provide false or misleading information in connection with a notice required to be given under this Act; or

(bb) [Section 64 Subsection (1) amended by No. 29 of 2002, s. 10, Applied:21 Oct 2002] dishonestly provide false or misleading information in relation to whether or not a vehicle is a written-off vehicle; or

(c) dishonestly provide false or misleading information to obtain any other benefit or advantage under this Act; or

(d) dishonestly alter or display a document, plate or device issued under this Act, a corresponding law, or the law of another country, in a way calculated to deceive; or

(e) dishonestly have in his or her possession a document, plate or device issued, or apparently issued, under this Act, a corresponding law, or the law of another country, in circumstances in which it is likely to deceive; or

(f) [Section 64 Subsection (1) amended by No. 29 of 2002, s. 10, Applied:21 Oct 2002] dishonestly pass off a document, plate or device that has not been issued under this Act, a corresponding law, or the law of another country, as if it were such a document, plate or device; or

(g) [Section 64 Subsection (1) amended by No. 29 of 2002, s. 10, Applied:21 Oct 2002] alter or deface an identification number on a vehicle without the consent of the Registrar.

Penalty:  In the case of –

(a) a first offence –

(i) for a body corporate – a fine not exceeding 200 penalty units; and

(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 400 penalty units; and

(ii) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  [Section 64 Subsection (2) amended by No. 71 of 2001, s. 20, Applied:01 Jan 2002] A licence, ancillary certificate, registration, permit, exemption or trade plate dishonestly obtained or renewed in contravention of this section is void.

(3)  A person must not –

(a) dishonestly use an Australian driver licence belonging to another, or some other document, to create the false impression that the person is the holder of a licence, or a licence of a particular kind or class, or is exempt from the requirement to hold a driver licence under this Act; or

(b) [Section 64 Subsection (3) amended by No. 41 of 2000, s. 10, Applied:14 Aug 2000] dishonestly use an ancillary certificate belonging to another, or some other document, to create the false impression that the person is the holder of an ancillary certificate under this Act; or

(ba) [Section 64 Subsection (3) amended by No. 71 of 2001, s. 20, Applied:01 Jan 2002] dishonestly use an exemption granted under this Act to create the false impression that the person or a vehicle or combination is exempt from a requirement of this Act; or

(c) dishonestly use a registration label, number plate, certificate of registration, short term unregistered vehicle permit, temporary upgrade permit, trade plate or other document, plate or device to create the false impression that a particular vehicle is registered under this Act or its use on public streets is authorised under this Act.

Penalty:  In the case of –

(a) a first offence –

(i) for a body corporate – a fine not exceeding 200 penalty units; and

(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 400 penalty units; and

(ii) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both.

(4)  [Section 64 Subsection (4) amended by No. 71 of 2001, s. 20, Applied:01 Jan 2002] A person must not lend an Australian driver licence, ancillary certificate, registration label, number plate, certificate of registration, short term unregistered vehicle permit, temporary upgrade permit, trade plate, exemption or other document, plate or device to another if the other person is likely to use it, and does use it, contrary to subsection (3) .

Penalty:  In the case of –

(a) a first offence –

(i) for a body corporate– a fine not exceeding 200 penalty units; and

(ii) for an individual– a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and

(b) a second or subsequent offence –

(i) for a body corporate– a fine not exceeding 400 penalty units; and

(ii) for an individual– a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both.

(5)  [Section 64 Subsection (5) amended by No. 71 of 2001, s. 20, Applied:01 Jan 2002] It is a defence to a charge of an offence against subsection (4) to prove that the defendant did not know, and could not reasonably be expected to have known, that the Australian driver licence, ancillary certificate, registration label, number plate, certificate of registration, short term unregistered vehicle permit, temporary upgrade permit, trade plate, exemption or other document, plate or device was likely to be used contrary to subsection (3) .

65.   Registrar to be notified of convictions for certain offences

(1)  If a person is convicted by a court of –

(a) an offence that attracts demerit points; or

(b) an offence in respect of which disqualification from driving is imposed; or

(c) a prescribed offence –

the registrar, clerk or other proper officer of the court must give the Registrar a written notice setting out the information required by subsection (2).

(2)  The required information is –

(a) the name and address of the convicted person; and

(b) the nature, and date of commission, of the relevant offence; and

(c) the penalty imposed by the court; and

(d) the nature of any other orders made by the court; and

(e) any other information required under the regulations.

(3)  If a court makes an order for the issue, variation or revocation of a restricted driver licence, the registrar, clerk or other proper officer of the court must give the Registrar a copy of the order.

66.   Property in documents

[Section 66 Substituted by No. 71 of 2001, s. 21, Applied:01 Jan 2002]

(1)  The Registrar retains property in any document, plate or device issued by the Registrar in connection with authorising the driving or use of a vehicle or combination.

(2)  The Commission retains property in any document issued by it in connection with authorising the driving or use of a vehicle or combination.

67.   Evidentiary certificates

(1)  A certificate signed by the Registrar certifying that a person was or was not the holder of a driver licence or an ancillary certificate under this Act on a specified date is admissible in legal proceedings as evidence of the fact so certified and, in the absence of evidence to the contrary, as proof of that fact.

(2)  A certificate signed by the Registrar certifying that a vehicle was or was not registered under this Act on a specified date is admissible in legal proceedings as evidence of the fact so certified and, in the absence of evidence to the contrary, as proof of that fact.

(2A)  [Section 67 Subsection (2A) amended by No. 71 of 2001, s. 22, Applied:01 Jan 2002] [Section 67 Subsection (2A) inserted by No. 22 of 2001, s. 7, Applied:01 Nov 2001] A certificate signed by the Registrar or the Commission certifying that a person, vehicle or combination was or was not exempt from a requirement of the regulations on a specified date or during a specified period is admissible in legal proceedings as evidence of the fact so certified and, in the absence of evidence to the contrary, as proof of that fact.

(2B)  [Section 67 Subsection (2B) amended by No. 71 of 2001, s. 22, Applied:01 Jan 2002] [Section 67 Subsection (2B) inserted by No. 22 of 2001, s. 7, Applied:01 Nov 2001] A certificate signed by the Registrar or the Commission setting out the conditions on which a person, vehicle or combination was exempt from a requirement of the regulations on a specified date or during a specified period is admissible in legal proceedings as evidence of the conditions so certified and, in the absence of evidence to the contrary, as proof of those conditions.

(3)  [Section 67 Subsection (3) amended by No. 71 of 2001, s. 22, Applied:01 Jan 2002] A certificate signed by the Registrar or the Commission certifying an entry in a register kept under this Act is evidence in legal proceedings of facts recorded in the entry and, in the absence of evidence to the contrary, as proof of those facts.

(4)  [Section 67 Subsection (4) amended by No. 71 of 2001, s. 22, Applied:01 Jan 2002] A certificate signed by the Registrar or the Commission certifying any other matter that appears in a register kept under this Act, or can be deduced or calculated from information recorded in such a register, is evidence in legal proceedings of the matter so certified and, in the absence of evidence to the contrary, as proof of that matter.

(5)  A document that is, under a corresponding law, admissible in evidence in legal proceedings in the jurisdiction of the corresponding law is admissible in legal proceedings in Tasmania in the same way as in that other jurisdiction and has the same evidentiary value as it would have in that other jurisdiction.

67A.   Evidence of measurement

[Section 67A Inserted by No. 71 of 2001, s. 23, Applied:01 Jan 2002]

(1)  In any proceedings in a court, a certificate certifying a measurement in accordance with this Act is admissible in evidence and, in the absence of proof to the contrary, is proof of the accuracy of that measurement.

(2)  A certificate signed by a person authorised by the Secretary of the Department that, at a specified time on a specified date, a weighing device or other measuring instrument –

(a) was in proper working order; and

(b) was accurate; and

(c) had been tested in accordance with this Act; and

(d) was marked with the number specified in the certificate –

is admissible in evidence of the matter so certified and, in the absence of evidence to the contrary, as proof of those matters.

(3)  A certificate or copy of a certificate issued under the regulations and signed by a police officer, or an authorised officer, who inspected a vehicle or combination is evidence of the matters contained in the certificate, in particular –

(a) the mass of a vehicle or combination with or without its load; and

(b) the wheel load, single axle load, axle group load, aggregate axle load or mass on a tyre –

and, in the absence of evidence to the contrary, is proof of those matters.

(4)  A certificate signed by a police officer or an authorised officer certifying that a wheel, axle or tyre of the vehicle or combination is of a specified type or class is evidence of that matter and, in the absence of evidence to the contrary, is proof of that matter.

68.   Proof of non-registration

If, in proceedings for an offence in which the defendant is alleged to have driven an unregistered vehicle on a public street in contravention of this Act, it is established that the vehicle did not bear the registration label and the number plate appropriate to the vehicle, it will be presumed, in the absence of proof to the contrary, that the vehicle was unregistered at the time of the alleged offence.

68A.   Exemption not to affect liability

[Section 68A Inserted by No. 71 of 2001, s. 24, Applied:01 Jan 2002] The fact that a person, vehicle or combination is operating in accordance with an exemption issued under this Act does not affect any liability for loss arising out of damage to a road or to the road infrastructure.

69.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Infrastructure, Energy and Resources; and

(b) the department responsible to the Minister in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.

SCHEDULE 1 - Rates of Motor Tax

Section 34

PART 1 - Class A light vehicles

PART 2 - Other light vehicles

PART 3 - Heavy vehicles

Note

For the purposes of this Part –

(a) 2 axles positioned not more than 1 metre apart are to be regarded as a single axle; and

(b) 3 axles positioned not more than 2 metres apart are to be regarded as 2 axles; and

(c) 4 axles positioned not more than 3.2 metres apart are to be regarded as 3 axles.

Division 1 - Trucks

Division 2 - Prime Movers

Division 3 - Buses

Division 4 - Trailers

Division 5 - Special Purpose Vehicles