Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Learner Motor Cycle Licence) Regulations 2007
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 .
25 June 2007W. J. E. COX
Governor
By His Excellency's Command,
J. G. COX
Minister for Infrastructure
These regulations may be cited as the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Learner Motor Cycle Licence) Regulations 2007 .
These regulations take effect on 1 July 2007.
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 certificate of approved operations :continuous period, in relation to a licence, means a continuous period that does not include a period during which the licence is suspended;(b) by inserting the following definition after the definition of large passenger vehicle :learner approved motor cycle means a motor cycle that –(a) has an engine capacity of 660cc or less and a power to weight ratio not exceeding 150 kilowatts to one tonne; and(b) is approved by the Registrar as a learner approved motor cycle, or belongs to a class of motor cycles approved by the Registrar as learner approved motor cycles, for the purposes of these regulations;(c) by inserting the following definition after the definition of loss assessor :maximum engine power, in relation to a motor cycle, means the maximum engine power of the motor cycle;(d) by inserting the following definitions after the definition of photograph :power to weight ratio, in relation to a motor cycle, means the ratio of the maximum engine power, in kilowatts, of the motor cycle to the prescribed weight, converted to tonnes, of the motor cycle;prescribed weight, in relation to a motor cycle, means the tare weight, in kilograms, of the motor cycle plus 90 kilograms;
5. Regulation 4A inserted
After regulation 4 of the Principal Regulations , the following regulation is inserted in Part 1:4A. Learner approved motor cycles
The Registrar is to provide a person, on request, with a list of motor cycles, and classes of motor cycles, that are, or were on any given day after 30 June 2007, approved by the Registrar as referred to in paragraph (b) of the definition of learner approved motor cycle in regulation 3(1) .
6. Regulation 8 amended (Learner licences)
Regulation 8 of the Principal Regulations is amended as follows:(a) by omitting subregulation (9) and substituting the following subregulations:(9) The holder of a motor cycle licence issued on or after 1 July 2007 as a learner licence must not drive a motor cycle on a public street unless the motor cycle is a learner approved motor cycle.Penalty: Fine not exceeding 20 penalty units.(9A) The holder of a motor cycle licence issued before 1 July 2007 as a learner licence must not drive a motor cycle on a public street unless –(a) the motor cycle is –(i) a learner approved motor cycle; or(ii) a motor cycle with an engine capacity of 250cc or less; or(b) the holder of the licence has the Registrar's written authorisation to drive the motor cycle.Penalty: Fine not exceeding 20 penalty units.(b) by omitting from paragraph (a) of the penalty under subregulation (11) " subregulation (7) or (8) " and substituting " subregulation (7) , (8) , (9) or (9A) ".
7. Regulation 9 amended (Provisional licences)
Regulation 9 of the Principal Regulations is amended as follows:(a) by omitting subregulation (7) ;(b) by omitting from subregulation (8) "or (7) ".
8. Regulation 10 substituted
Regulation 10 of the Principal Regulations is rescinded and the following regulation is substituted:10. Special restriction affecting motor cycle licences
(1) In this regulation –prescribed licence means a motor cycle licence (other than a learner licence).(2) The holder of a prescribed licence must not drive, on a public street, a motor cycle carrying another person unless the holder of the licence has held the licence for a continuous period of at least 12 months.Penalty: Fine not exceeding 20 penalty units.(3) The holder of a prescribed licence, issued on or after 1 July 2007, must not drive a motor cycle on a public street unless –(a) the holder of the licence has held the licence for a continuous period of at least 12 months; or(b) the motor cycle is a learner approved motor cycle.Penalty: Fine not exceeding 20 penalty units.(4) The holder of a prescribed licence, issued before 1 July 2007, must not drive a motor cycle on a public street unless –(a) the holder of the licence has held the licence for a continuous period of at least 12 months; or(b) the motor cycle is –(i) a learner approved motor cycle; or(ii) a motor cycle with an engine capacity of 250cc or less; or(c) the holder of the licence has the Registrar's written authorisation to drive the motor cycle.Penalty: Fine not exceeding 20 penalty units.(5) A person must not employ, or cause or permit, another person to drive a motor cycle in contravention of this regulation.Penalty: Fine not exceeding 20 penalty units.
9. Regulation 11 amended (Eligibility)
Regulation 11 of the Principal Regulations is amended as follows:(a) by omitting subparagraphs (i) , (ii) and (iii) from subregulation (1)(b) and substituting the following subparagraphs:(i) in the case of a learner car licence, the age of 16 years; or(ii) in the case of a learner motor cycle licence issued before 1 July 2007, the age of 16 years; or(iii) in the case of a learner motor cycle licence issued on or after 1 July 2007, the age of 16 years and 6 months; or(iv) in the case of a provisional licence, the age of 17 years; or(v) in any other case, the age prescribed under subregulation (2) ; and(b) by omitting from subregulation (1A)(a) "months, without a period of suspension," and substituting "months";(c) by omitting from subregulation (2)(a)(i) "months, without a period of suspension," and substituting "months";(d) by inserting in subregulation (2)(a)(i) "full motor cycle licence or" after "applying for a".
10. Regulation 16 amended (Conditional licences)
Regulation 16 of the Principal Regulations is amended as follows:(a) by omitting paragraph (e) from subregulation (3) and substituting the following paragraph:(e) a condition that the holder of the licence must not drive a motor cycle other than a learner approved motor cycle (E);(b) by inserting the following subregulation after subregulation (9) :(10) A motor cycle licence that, immediately before 1 July 2007, was subject to the condition that the holder of the licence must not drive a motor cycle with an engine capacity exceeding 250cc, is taken to be subject to the condition that the holder of the licence must not drive a motor cycle other than –(a) a learner approved motor cycle; or(b) a motor cycle with an engine capacity of 250cc or less.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 28 June 2007
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 –(a) revising the restriction on the types of motor cycles that may be driven by certain motor cycle licence holders; and(b) providing that a person must hold a learner motor cycle licence for 6 months before being eligible to apply for a full motor cycle licence; and(c) increasing, from 16 years to 16 years and 6 months, the minimum age at which a person is eligible to hold a learner motor cycle licence; and(d) making other minor amendments.