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 –

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;

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) a truck with a GVM or GCM 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;

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;

GCM (gross combination mass) of a motor vehicle means the greatest possible sum of the maximum loaded masses of the motor vehicle and of any vehicles that may be towed by it at any one time –

(a) as specified by the motor vehicle's manufacturer; or

(b) as specified by the Registrar if –

(i) the manufacturer has not specified the sum of the maximum loaded masses; or

(ii) the manufacturer cannot be identified; or

(iii) the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;

GVM (gross vehicle mass) of a vehicle means the maximum loaded mass of the vehicle –

(a) as specified by the vehicle's manufacturer; or

(b) as specified by the Registrar if –

(i) the manufacturer has not specified a maximum loaded mass; or

(ii) the manufacturer cannot be identified; or

(iii) the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;

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

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;

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) only used on a public street for the purpose of loading or unloading the vehicle onto another vehicle or repositioning the vehicle at a worksite; 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;

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

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 ;

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;

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;

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;

special purpose vehicle means a heavy vehicle –

(a) that is not used to carry passengers or goods or of which the carriage of passengers or goods is not the primary purpose; or

(b) a vehicle (other than a truck) that has as its primary function –

(i) the lifting, moving, excavating, compressing, rolling or laying of material of any description; or

(ii) the manufacturing or processing of goods of any description; or

(iii) any other prescribed function;

speeding offence means an offence under the Traffic Act 1925 of exceeding a prescribed speed limit;

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

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;

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.

(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.

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 - The Registrar

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)  The Registrar is to be appointed or employed, and to hold office, under the Tasmanian State Service Act 1984 .

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) the imposition and recovery of tax on motor vehicles and trailers.

7.   Delegation

(1)  The Registrar may delegate any of the Registrar's powers or functions under this 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.

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) the driver is subject to a disqualification from driving imposed by an Australian court.

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)  A person who is disqualified from driving by an Australian court under this Act, any other Act, or a corresponding law, must not drive a motor vehicle on a public street in Tasmania.

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) holds an ancillary certificate authorising the person to drive a public passenger vehicle of the relevant class (or is exempted under the regulations from the requirement to hold such a certificate).

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)  A person who holds an authority corresponding to an ancillary certificate issued under a corresponding law authorising the person to drive public passenger vehicles and is exempt from the requirement to hold an ancillary certificate under this Act must, while in Tasmania, comply with the conditions of that authority (other than conditions that are incapable of application in Tasmania).

Penalty:  Fine not exceeding 20 penalty units.

(3)  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 or an authority corresponding to an ancillary certificate issued under a corresponding law.

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 other person was acting contrary to a condition of an ancillary certificate or an authority corresponding to an ancillary certificate issued under a corresponding law.

Division 3 - Powers of court with regard to driving

17.   Power of court to order disqualification

(1)  If a person is convicted of a traffic offence, the court may disqualify the convicted 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) if the disqualification is for less than 3 months, the licence is to be suspended;

(b) if the disqualification is for 3 months or more, 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) if the person against whom the disqualification is imposed submits to the disqualification earlier by returning the licence to the Registrar – at the earlier date.

(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) a disqualification order made by an Australian court –

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.

(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.

(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)  A person must, while driving a motor vehicle under the authority of a restricted driver licence, carry the licence.

Penalty:  Fine not exceeding 5 penalty units.

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

19.   Effect of disqualification

(1)  If a person is disqualified from driving under the law of another Australian jurisdiction, the person is disqualified from driving in Tasmania.

(2)  If a court in another Australian jurisdiction disqualifies a person from driving or a person's driver licence is cancelled or suspended by such a court the disqualification, cancellation or suspension is effective in Tasmania.

(3)  If a court in another Australian jurisdiction 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) the driver licence is, by force of this subsection, suspended if the disqualification is for less than 3 months; and

(b) if the disqualification is for 3 months or more, the licence is, by force of this subsection, cancelled.

(4)  If –

(a) a court in another Australian jurisdiction disqualifies a person from driving or a person's driver licence is cancelled or suspended by such a court; and

(b) immediately before the court's order takes effect, the person –

(i) holds a driver licence issued under this Act; or

(ii) is a resident of Tasmania who does not hold 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)  As soon as practicable after the Registrar is notified of a disqualification from driving or a licence suspension or cancellation imposed by a court in Tasmania, the Registrar must –

(a) record relevant details in the register; and

(b) if the court's order is made against a person who, immediately before the order takes effect –

(i) holds an Australian driver licence issued under the corresponding law of another State or a Territory; or

(ii) is a resident of another State or a Territory who does not hold 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) the court by which the order was made and the date of the order; and

(b) the effect of the order and, in particular –

(i) if a disqualification from driving is imposed – the period of the disqualification and when the period commences; and

(ii) if a licence suspension is imposed – the period of the suspension and when the period commences; and

(iii) if an Australian driver licence is cancelled – when the cancellation takes effect.

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.

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)  If, on the conviction of a person for an offence attracting demerit points, the court disqualifies the person from driving, no demerit points are to be awarded for the offence.

(4)  If, on the conviction of a person for a speeding offence, the court is satisfied that –

(a) the offence is 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)  If a traffic infringement notice relating to a speeding offence has been served on the person alleged to have committed the offence and –

(a) the offence is 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) 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 prescribed number of demerit points 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) 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.

(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) for the holder of a learner or provisional licence – 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)  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, 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)  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.

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

(a) on the expiration of 21 days from when the notice of licence suspension is served on the person whose driver licence is liable to suspension; or

(b) if the person against whom the suspension is imposed submits to the licence suspension earlier by returning the licence to the Registrar – the earlier date.

(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.

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)  A period of ineligibility under this section commences on the expiration of 21 days from when the notice of ineligibility is served or an earlier date approved by the Registrar.

(5)  Before a period of ineligibility commences under subsection (4) , 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.

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)  Demerit points are not affected by a period of licence suspension or disqualification imposed by an Australian court, the Registrar or another authority 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

A person must not use, or permit the use of, a motor vehicle or a trailer on a public street in breach of a 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.

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)  This section does not apply to the hiring out of a vehicle under a hire-purchase agreement or a long-term hiring arrangement having as its purpose the provision of financial accommodation to the person who takes the vehicle on hire.

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) may impose requirements with which the holder of an Australian driver licence, a foreign driver licence, an ancillary certificate or an authority corresponding to an ancillary certificate issued under a corresponding law 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) 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 or an ancillary certificate, to submit to a medical examination; and

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

(l) may –

(i) require, or empower the Registrar to require, an applicant for the issue or renewal of a driver licence, the holder of a driver licence or an ancillary certificate, 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) 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 or an ancillary certificate, 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.

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) any other register that may be relevant to the Registrar'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) provide for the issue of certificates by the Registrar; 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.

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) in respect of such an offence, provide for the imposition of a fine not exceeding 20 penalty units for an individual or 100 penalty units for a body corporate.

(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.

PART 7 - Compliance and Enforcement

46.   Power to stop vehicle

(1)  A police officer or an authorised officer may direct or signal the driver of a motor vehicle to stop the vehicle –

(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) so that the motor vehicle or a trailer (or both the motor vehicle and a trailer), and any equipment associated with the motor vehicle or a trailer or freight on the motor vehicle or a trailer, may be inspected under this Part; or

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

(2)  A person must –

(a) comply with a direction or signal given by a police officer or an authorised officer under subsection (1); 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.

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)  If a police officer or an authorised officer asks a driver of a motor vehicle who is not required to carry a driver licence while driving to produce the licence for inspection, and the driver has it available for immediate production, the driver must produce it for inspection forthwith.

Penalty:  Fine not exceeding 5 penalty units.

(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) the defendant gave the Registrar 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) the defendant gave the Registrar 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)  The registered operator of a motor vehicle or a trailer, or any other person who uses a motor vehicle or a trailer on a public street 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, 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 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.

(5)  If a person who holds an Australian driver licence, a foreign driver licence, an ancillary certificate or an authority corresponding to an ancillary certificate issued under a corresponding law 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) the defendant gave the Registrar 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)  A police officer or an authorised officer may inspect a vehicle 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) ascertaining whether the use of the vehicle 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

(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) inspect any freight carried by the vehicle; and

(c) weigh or measure the vehicle and its load, or any part of the vehicle and its load.

(3)  The power of inspection is exercisable –

(a) on a public street or in a public place if the vehicle –

(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) it reasonably appears to the officer that the garage, depot or other premises are used in connection with the vehicle; and

(ii) the inspection is carried out at a reasonable time.

(4)  For the purposes of an inspection, the officer may direct a person in charge or apparently in charge of the vehicle to do one or more of the following:

(a) to move the vehicle to an appropriate place for carrying out the inspection;

(b) to drive and manoeuvre the vehicle, in a manner directed by the officer, over a short distance;

(c) to open any compartment of the vehicle;

(d) to demonstrate the operation of the vehicle or any associated equipment;

(e) if the officer considers it appropriate – to dismantle any equipment used in connection with the vehicle;

(f) to answer any reasonable question about the vehicle and its registration and use, or about the freight carried on the vehicle.

(5)  If the officer considers the vehicle unsafe, the officer may direct a person in charge or apparently in charge of the vehicle to secure the vehicle 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) the Taxi Industry Act 1995 ; or

(c) the Passenger Transport Act 1997 ; or

(d) the Dangerous Goods Act 1998 .

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.

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

(b) if an applicant for, or the holder of, a trade plate carries on a business at the premises – to inspect the business.

(2)  In the course of carrying out an inspection under subsection (1)(b) , the police officer or authorised officer may direct the applicant or the holder of the trade plate to answer reasonable questions about the use, or the proposed use, of the trade plate.

(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.   Production of warrant of authority

(1)  Subject to subsection (2) , an authorised officer must, before making a requirement of, or exercising any other power against, a person under this Part produce the officer's warrant of authority to the person.

(2)  If it is not practicable to produce the warrant of authority before making the requirement or exercising the other power, it must be produced as soon as practicable afterwards.

55.   Verification of record

(1)  If there are reasonable grounds for believing that information contained in a register is inaccurate, misleading or incomplete, the Registrar may, by written notice, require the person to whom the information relates to do one or more of the following:

(a) to provide information the Registrar considers necessary to correct or complete the relevant entry in the register;

(b) to provide evidence of the correctness of the information provided under paragraph (a) in a form specified by the Registrar;

(c) to provide specified documents for inspection;

(d) to attend at a particular time and place for identification.

(2)  If a person is required to attend for identification, the Registrar 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 8 - Miscellaneous

57.   Registrar's power to fix fees

(1)  The Registrar 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)  The Registrar 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

(b) dishonestly provide false or misleading information in connection with an application under this Act; 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) 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.

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)  A licence, ancillary certificate, registration, permit 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) 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 or is exempt from the requirement to hold an ancillary certificate under 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)  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 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)  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 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, &c., issued by the Registrar

The Registrar retains property in any document, plate or device issued in connection with authorising the driving or use of a motor vehicle or a trailer on public streets.

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.

(3)  A certificate signed by the Registrar 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)  A certificate signed by the Registrar 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.

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.

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

[Second reading presentation speech made in:

House of Assembly on 27 OCTOBER 1999

Legislative Council on 4 NOVEMBER 1999]