Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Novice Driver Licensing) Regulations 2008
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 .
11 August 2008PETER G. UNDERWOOD
Governor
By His Excellency's Command,
G. L. STURGES
Minister for Infrastructure
These regulations may be cited as the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Novice Driver Licensing) Regulations 2008 .
These regulations take effect on 25 August 2008.
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 learner driver logbook :learner stage means the learner licensing stage applicable to a person who, in relation to a particular licence class (being a car licence or motor cycle licence) –(a) is the holder of a learner licence; or(b) has previously held a learner licence and has not progressed to the P1 stage by obtaining a P1 provisional licence; or(c) has been regressed under section 13A of the Act from the P1 stage to the learner stage;(b) by omitting the definition of novice learner driver and substituting the following definition:novice licensing stage means a novice licensing stage referred to in regulation 6A ;(c) by inserting the following definitions after the definition of operations plate :P1 provisional licence means a provisional licence in respect of a particular licence class issued to a person who has not completed the first continuous 12 months of holding a provisional licence, or any further continuous 12-month period for which he or she is required to hold a provisional licence as a result of –(a) being regressed under section 13A of the Act from the P2 stage to the P1 stage; or(b) being required to recommence the P1 stage under section 13B of the Act;P1 stage means the provisional licensing stage applicable to a person who, in relation to a particular licence class (being a car licence or motor cycle licence) –(a) has progressed beyond the learner stage by obtaining a P1 provisional licence but has not held that licence for 12 continuous months, or for any further continuous 12-month period for which he or she is required to hold a P1 provisional licence as a result of –(i) being regressed under section 13A of the Act from the P2 stage to the P1 stage; or(ii) being required to recommence the P1 stage under section 13B of the Act; or(b) has held that licence for a period referred to in paragraph (a) , but has not progressed to the P2 stage by obtaining a P2 provisional licence;P2 provisional licence means a provisional licence in respect of a particular licence class issued to a person who has completed the first continuous 12 months of holding a provisional licence, or any further continuous 12-month period for which he or she is required to hold a provisional licence as a result of being regressed under section 13A of the Act from the P2 stage to the P1 stage;P2 stage means the provisional licensing stage applicable to a person who, in relation to a particular licence class (being a car licence or motor cycle licence), has progressed beyond the P1 stage by obtaining a P2 provisional licence but has not obtained a full licence in respect of that class;
5. Regulation 6A inserted
Before regulation 7 of the Principal Regulations , the following regulation is inserted in Division 2:(1) Before obtaining a full licence in relation to a particular licence class (being a car licence or motor cycle licence), a novice driver or novice rider must complete the following novice licensing stages, in ascending order, in relation to that class:(a) learner stage;(b) P1 stage;(c) P2 stage.(2) A person who progresses to the next novice licensing stage in relation to a particular licence class does not, by virtue of that progression, progress to the next novice licensing stage in relation to another licence class.
6. Regulation 7 amended (Learner drivers)
Regulation 7(2) of the Principal Regulations is amended as follows:(a) by omitting from paragraph (b) "licence." and substituting "licence; or";(b) by inserting the following paragraph after paragraph (b) :(c) in the case of a novice driver or novice rider, he or she has been regressed under section 13A of the Act from the P1 stage to the learner stage.
7. Regulation 8 amended (Learner licences)
Regulation 8 of the Principal Regulations is amended as follows:(a) by omitting subregulations (4) and (4A) and substituting the following subregulation:(4) A learner licence is to be issued –(a) for 3 years in the case of a novice driver; and(b) for 12 months in any other case.(b) by omitting subregulations (5A) and (5B) and substituting the following subregulations:(5A) A novice driver who holds a learner licence for a car is to maintain a learner driver logbook.(5B) A person is not required to maintain a learner driver logbook if the person has been regressed under section 13A of the Act from the P1 stage to the learner stage for a car.(c) by omitting from subregulation (7)(ab) "learner driver" and substituting "driver who holds a learner licence for a car";(d) by omitting from subregulation (7)(ab)(i) "has held" and substituting "holds";(e) by omitting from subregulation (7A) "learner driver" and substituting "driver who holds a learner licence for a car".
8. Regulation 8A inserted
After regulation 8 of the Principal Regulations , the following regulation is inserted in Division 2:8A. Unaccompanied driver offence
For the purposes of the Act, an offence against regulation 8(7) is prescribed as an unaccompanied driver offence.
9. Regulation 9 amended (Provisional licences)
Regulation 9 of the Principal Regulations is amended as follows:(a) by omitting subregulations (2) and (3) and substituting the following subregulations:(2) A provisional licence is to be issued –(a) for a period of 12 months in the case of a P1 provisional licence; or(b) for a period of up to 2 years in the case of a P2 provisional licence.(3) Subject to subregulation (4) , a person is to hold –(a) a P1 provisional licence for at least 12 continuous months; and(b) a P2 provisional licence for at least –(i) in the case of a person aged less than 23 years at the time of obtaining the P2 provisional licence, 2 years; or(ii) in the case of a person aged 23 years but less than 25 years at the time of obtaining the P2 provisional licence, 12 months or until the person reaches the age of 25 years, whichever is longer; or(iii) in the case of a person aged 25 years or older at the time of obtaining the P2 provisional licence, 12 months.(3A) Subject to subregulation (4), a person progresses beyond the status of a provisional driver in relation to the driving of motor vehicles for which a licence of a particular class is required (being a car licence or motor cycle licence), if the person –(a) obtains a provisional licence in relation to that class under these regulations or a corresponding law; and(b) holds that licence for the period specified in subregulation (3) ; and(c) obtains a full licence in relation to that licence class.(b) by omitting from subregulation (4) " Subregulation (3) is" and substituting " Subregulations (3) and (3A) are";(c) by inserting the following subparagraph after subparagraph (iv) in subregulation (4)(a) :(v) a period for which the person held a provisional licence before being regressed under section 13A of the Act or being required to recommence a provisional period under section 13B of the Act;(d) by omitting from subregulation (4)(b) "before a person completes the first 12 months of the period for which the person is required to hold a provisional licence, the" and substituting "during the P1 stage, a";(e) by omitting subregulation (5) and substituting the following subregulations:(5) A person is only required to progress beyond the status of a provisional driver in relation to a particular licence class once in his or her driving career.(5A) A person who progresses beyond the status of a provisional driver in relation to a car does not, by virtue of that progression, progress beyond the status of a provisional driver in relation to a motor cycle.(5B) A person who progresses beyond the status of a provisional driver in relation to a motor cycle does not, by virtue of that progression, progress beyond the status of a provisional driver in relation to a car.(f) by omitting from subregulation (6) "has held a provisional licence issued under these regulations or a corresponding law for a continuous period of less than 12 months" and substituting "is in the P1 stage".
10. Regulation 10 substituted
Regulation 10 of the Principal Regulations is rescinded and the following regulations are substituted:10. Special restrictions affecting motor cycle licences
(1) The holder of a P1 provisional licence in relation to a motor cycle must not drive, on a public street, a motor cycle carrying another person.Penalty: Fine not exceeding 20 penalty units.(2) The holder of a P1 provisional licence in relation to a motor cycle that was issued on or after 1 July 2007 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.(3) Subregulation (2) does not apply where the holder of a P1 provisional licence has previously held a P2 provisional licence in relation to a motor cycle.(4) The holder of a P1 provisional licence in relation to a motor cycle that was issued before 1 July 2007 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.(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.10A. Regression of novice drivers and novice riders
(1) For the purposes of section 13A of the Act, a novice driver or novice rider is to be regressed as follows:(a) from the P2 stage to the P1 stage;(b) from the P1 stage to the learner stage;(c) from the learner stage to not holding a learner licence.(2) The Registrar must not issue to a novice driver or novice rider who is regressed from the learner stage, a (or another) learner licence in relation to a car or a motor cycle for a period of 3 months after the date on which the person is regressed.(3) The Registrar must not issue to a novice driver or novice rider who is regressed from the P1 stage to the learner stage in respect of a particular licence class, another provisional licence in relation to that class until the person –(a) has held another learner licence in relation to the particular licence class for a minimum of 28 days; and(b) otherwise complies with the relevant eligibility requirements in these regulations.(4) The Registrar must not issue to a novice driver or novice rider who is regressed from the P2 stage to the P1 stage in respect of a particular licence class, another P2 provisional licence in relation to that class until the person –(a) has first been issued with another P1 provisional licence in relation to the particular licence class and has held that licence for a continuous 12-month period; and(b) otherwise complies with the relevant eligibility requirements in these regulations.For the purposes of section 13B of the Act, the following are prescribed offences:(a) exceeding the applicable speed-limit by 10km/h or more;(b) using a hand-held mobile phone, in contravention of regulation 300(1) of the Traffic (Road Rules) Regulations 1999 ;(c) failing to wear a seatbelt, in contravention of regulation 264(1) of the Traffic (Road Rules) Regulations 1999 ;(d) driving a motor cycle in contravention of regulation 10(2) or (4) .10C. Recommencement or extension of provisional period on conviction for prescribed offence
(1) Subject to subregulation (4) , if a novice driver or novice rider who is in the P1 stage is convicted of a prescribed offence whilst the holder of a P1 provisional licence, the period for which he or she has held the licence is to be ignored and he or she is taken to have been issued with the licence as at the date of the offence.(2) Subject to subregulation (4) , if a novice driver or novice rider who is in the P1 stage is convicted of a prescribed offence whilst not the holder of a P1 provisional licence –(a) the period for which he or she previously held a P1 provisional licence is to be ignored; and(b) he or she must obtain another P1 provisional licence and hold it for 12 continuous months before being eligible to apply for a P2 provisional licence.(3) Subject to subregulation (4) , if a novice driver or novice rider in the P2 stage is convicted of a prescribed offence that occurred whilst he or she was in the P1 stage, he or she is required to hold a P2 provisional licence for a period equivalent to the period from the date on which he or she was issued with a P1 provisional licence to the date of the offence, in addition to the period for which he or she is otherwise required to hold a P2 provisional licence under these regulations.(4) This regulation does not apply where a person is convicted of a prescribed offence and as a result is to be regressed under section 13A of the Act.(1) A person who holds a provisional licence issued before the commencement of the Vehicle and Traffic Amendment (Novice Driver Licensing) Act 2008 but who has not held that licence for 12 continuous months as at that commencement is taken to be in the P1 stage.(2) A person who holds a provisional licence issued before the commencement of the Vehicle and Traffic Amendment (Novice Driver Licensing) Act 2008 and who has held that licence for 12 continuous months as at that commencement is taken to be in the P2 stage.(3) Where, on the commencement of the Vehicle and Traffic Amendment (Novice Driver Licensing) Act 2008 , a person holds a provisional licence that is due to expire on a date that is earlier than the P2 end date, the term of the licence is extended to the P2 end date.(4) Where, on the commencement of the Vehicle and Traffic Amendment (Novice Driver Licensing) Act 2008 , a person holds a full licence in relation to a particular licence class (being either a car licence or motor cycle licence) and a P2 provisional licence in relation to another licence class (being either a car licence or motor cycle licence) –(a) the person, on holding the P2 provisional licence for the period required under these regulations, automatically progresses (without payment of an additional licence fee) to a full licence in respect of that class; and(b) that full licence expires on the same date as the first-mentioned full licence.(5) In this section –P2 end date means the date on which a person is expected to have held a provisional licence for the period required by regulation 9(3) .
11. Regulation 11 amended (Eligibility)
Regulation 11 of the Principal Regulations is amended as follows:(a) by omitting subregulations (1A) and (1B) and substituting the following subregulations:(1A) The following additional eligibility criteria apply to a novice driver in the learner stage in relation to a car:(a) subject to subregulations (1B) and (4) , the person must have held a learner licence for a continuous period of at least 6 months immediately before applying for a P1 provisional licence;(b) subject to subregulation (1BA) , the person must have 50 hours of experience driving a car recorded in his or her learner driver logbook before applying for a P1 provisional licence.(1B) Subregulation (1A)(a) does not apply to a novice driver who is regressed under section 13A of the Act in relation to a car from the P1 stage to the learner stage.(1BA) Subregulation (1A)(b) does not apply to a novice driver who is regressed under section 13A of the Act in relation to a car from the P1 stage to the learner stage.(b) by inserting in subregulation (2)(a)(i) ", subject to subregulation (2AA)," after "if";(c) by omitting from subregulation (2)(a)(i) "a full motor cycle licence or";(d) by inserting the following subregulation after subregulation (2) :(2AA) Subregulation (2)(a)(i) does not apply to a novice rider who has been regressed under section 13A of the Act in relation to a motor cycle from the P1 stage to the learner stage.
12. Regulation 20 rescinded
Regulation 20 of the Principal Regulations is rescinded.
13. Regulation 22 amended (Application for renewal of driver licence)
Regulation 22 of the Principal Regulations is amended by inserting after subregulation (3) the following subregulations:(4) A person who is liable to be regressed under section 13A of the Act is not eligible to apply for the renewal of any licence that he or she holds in his or her capacity as a novice driver or novice rider.(5) A person in the P2 stage who, in respect of a particular licence class, is liable to be subject to a period of ineligibility under section 25 of the Act which, when incurred, will result in the person being regressed under section 13A of the Act, is not eligible to apply for a full licence in respect of that class of licence.
14. Regulation 24 amended (Renewal of driver licence)
Regulation 24 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (4) ", other than a learner licence," after "driver licence";(b) by inserting in subregulation (6) ", other than a learner licence," after "driver licence";(c) by inserting the following subregulation after subregulation (6) :(7) If a driver licence that was issued as a learner licence is renewed, the period of licence renewal runs from the date of expiry of the licence or, if that date has passed, the date of renewal.
15. Regulation 111A inserted
After regulation 111 of the Principal Regulations , the following regulation is inserted in Part 9:(1) A novice driver or novice rider, who first obtains a P1 provisional licence after the commencement of the Vehicle and Traffic Amendment (Novice Driver Licensing) Act 2008 and completes the P1 stage and the P2 stage without committing an offence that –may apply to the Registrar for a refund of the provisional licence fees that he or she paid to the Registrar.(a) resulted in the recording of demerit points against the person; or(b) led to a period of disqualification, licence cancellation or suspension, or a period of ineligibility –(2) The Registrar must pay the applicant a refund if the Registrar is satisfied –(a) of the matters referred to in subregulation (1) ; and(b) that the person has not previously received a refund of his or her provisional licence fees under this regulation in relation to any class of licence.(3) An application under subregulation (1) may only be made after the expiration of 6 months from the date on which the person obtained a full licence in relation to the relevant licence class.(4) If, after paying a refund under this regulation, the Registrar becomes aware that the person committed an offence during his or her P1 stage or P2 stage that would have had a result referred to in subregulation (1)(a) or (b) , the Registrar may recover from the applicant the amount refunded.
16. Regulation 115 amended (Issue of duplicate or replacement documents)
Regulation 115 of the Principal Regulations is amended by inserting after subregulation (2) the following subregulations:(2A) If the expiry date for a P1 provisional licence or a P2 provisional licence changes under section 13B of the Act, the Registrar, on application by the provisional licence holder under this regulation, is to issue a replacement licence.(2B) The fee payable under regulation (2A) is the fee payable for the issue of a duplicate licence.
17. Schedule 1 amended (Fees)
Schedule 1 to the Principal Regulations is amended as follows:(a) by inserting after item 1 the following:
1A.
Issue of a P1 provisional licence –
(a) in the case of a pensioner, a person with a severe disability or the parent or guardian of a person with a severe disability who has not attained the age of 16 years
13.76
DLVR 12(1)(f)
(b) in any other case
20.76
DLVR 12(1)(f)
1B.
Issue of a P2 provisional licence –
(a) in the case of a pensioner, a person with a severe disability or the parent or guardian of a person with a severe disability who has not attained the age of 16 years
13.76
DLVR 12(1)(f)
(b) in any other case
20.76
DLVR 12(1)(f)
(b) by inserting "or provisional licence" after "learner licence" in column 2 of item 2 ;(c) by omitting "learner" from paragraph (a) of item 5 ;(d) by omitting "learner" from paragraph (b) of item 5 .
18. Schedule 2 amended (Demerit Points Offences)
Part 3 of Schedule 2 to the Principal Regulations is amended as follows:(a) by omitting item 177 and substituting the following:
177.
Novice driver or novice rider in P1 stage fail to display clearly visible P-plates as required
DLVR 9(6)
2
L060
(b) by inserting after item 181 the following:
182.
Novice driver or novice rider in learner stage fail to display clearly visible L-plates as required
DLVR 8(6)
2
L055
183.
Learner driver (other than novice driver or novice rider) fail to display clearly visible L-plates as required
DLVR 8(6)
2
L056
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 20 August 2008
These regulations are administered in the Department of Infrastructure, Energy and Resources.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations make provision in respect of –(a) the regression of novice drivers from a licensing stage to an earlier licensing stage; and(b) the periods for which learner licences and provisional licences are to be held; and(c) prescribed offences for the purposes of the Vehicle and Traffic Act 1999 ; and(d) eligibility to apply for certain licences; and(e) various related matters.