Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Learner Licence) Regulations 2001

Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Learner Licence) Regulations 2001

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

17 December 2001

G. S. M. Green

Governor

By His Excellency's Command,

P. A. Lennon

Minister for Infrastructure, Energy and Resources

1.   Short title

These regulations may be cited as the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Learner Licence) Regulations 2001 .

2.   Commencement

These regulations take effect on 1 March 2002.

3.   Principal Regulations

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

4.    Regulation 3 amended (Interpretation)

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

(a) by inserting the following definition after the definition of large passenger vehicle :

learner driver logbook means a learner driver logbook, in a form approved by the Registrar, referred to in regulation 8(5A) ;

(b) by inserting the following definition after the definition of multi-combination vehicle licence :

novice learner driver means the holder of a car licence issued as a learner licence who has never –

(a) progressed beyond the status of a provisional driver in relation to a car; or

(b) held a full licence in relation to a car; or

(c) held a foreign driver licence, other than a licence or permit equivalent to a provisional licence or learner licence, authorising the holder to drive a car;

5.    Regulation 8 amended (Learner licences)

Regulation 8 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (4) and substituting the following subregulations:

(4)  A learner licence is to be issued –

(a) for 3 years in the case of a novice learner driver; and

(b) for 12 months in any other case –

and cannot be renewed.

(4A)  A learner licence in force immediately before the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Learner Licence) Regulations 2001 take effect expires on the date shown on the driver licence register as the licence expiry date for that licence, unless it is sooner cancelled or surrendered.

(b) by inserting the following subregulations after subregulation (5) :

(5A)  A novice learner driver is to maintain a learner driver logbook.

(5B)  A person is not required to maintain a learner driver logbook if the person –

(a) has obtained his or her learner licence before the day on which the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Learner Licence) Regulations 2001 take effect; and

(b) obtains his or her provisional licence within 3 months of those regulations taking effect.

(c) by inserting the following paragraph after paragraph (a) in subregulation (7) :

(ab) in the case of a novice learner driver, the driver is accompanied by a person who –

(i) has held a full licence for 2 years (other than a restricted driver licence) of a class that would authorise the person to drive the vehicle, and has not been disqualified for a traffic offence or had his or her licence suspended because of the accumulation of demerit points for 2 years, and is instructing the driver to drive; or

(ii) is a person referred to in paragraph (a)(ii) ; and

(d) by inserting the following subregulation after subregulation (7) :

(7A)  A novice learner driver must not tow another vehicle while driving on a public street.

Penalty:  Fine not exceeding 20 penalty units.

6.    Regulation 11 amended (Eligibility)

Regulation 11 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1)(f) " subregulation (2) " and substituting " subregulations (1A) and (2) ";

(b) by inserting the following subregulations after subregulation (1) :

(1A)  The following additional eligibility criteria apply to a novice learner driver:

(a) the applicant must have held a learner licence for a continuous period of at least 6 months, without a period of suspension, immediately before applying for a provisional licence;

(b) the applicant must have 50 hours of experience driving a car recorded in his or her learner driver logbook.

(1B)  If an applicant's learner driver logbook has been lost, stolen or destroyed, he or she may provide a statutory declaration stating –

(a) that the learner driver logbook has been lost, stolen or destroyed; and

(b) the number of hours recorded in the learner driver logbook and the name of the person referred to in regulation 8(7)(ab) .

(c) by inserting in subregulation (4) " subregulation (1A)(a) or" after "requirement under";

(d) by omitting from subregulation (4)(a) "has" first occurring and substituting "in the case of an exemption under subregulation (2)(b) , has".

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

Notified in the Gazette on 26 December 2001

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

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 by requiring a novice learner driver of a car to maintain a logbook of his or her driving hours.