Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Novice Driver Licensing) Regulations 2009

Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Novice Driver Licensing) Regulations 2009

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 .

7 April 2009

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

G. L. STURGES

Minister for Infrastructure

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Novice Driver Licensing) Regulations 2009 .

2.   Commencement

(1)  Except as provided by this regulation, these regulations take effect on the day on which their making is notified in the Gazette.

(2)  Part 3 takes effect on 27 July 2009.

PART 2 - Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 Amended

3.   Principal Regulations

In this Part, 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 dolly :

driving assessment officer means any of the following persons who is testing or assessing a driver for the purposes of these regulations:

(a) a police officer;

(b) an authorised officer;

(c) a person acting on behalf of the Registrar;

(d) a person –

(i) employed, contracted or otherwise connected with an organisation that has a contract with the Department to provide testing or assessing; and

(ii) who tests or assesses the driver in accordance with the contract;

(b) by inserting the following definitions after the definition of interstate written-off vehicles register :

L1 learner licence means a car licence issued as a learner licence to a novice driver who has not completed the first continuous 3 months of holding a learner licence, or any further continuous 3-month period for which he or she is required to hold a learner licence, as a result of being regressed under section 13A of the Act from the L2 stage to the L1 stage;

L2 learner licence means a car licence issued as a learner licence to a novice driver who has completed the first continuous 3 months of holding a learner licence or any further period for which he or she is required to hold a learner licence as a result of being regressed under section 13A of the Act from the L2 stage to the L1 stage;

L1 stage means the learner licensing stage applicable to a person who, in relation to a car licence –

(a) holds an L1 learner licence; or

(b) has previously held an L1 learner licence and has not progressed to the L2 stage by obtaining an L2 learner licence; or

(c) has been regressed under section 13A of the Act from the L2 stage to the L1 stage;

L2 stage means the learner licensing stage applicable to a person who, in relation to a car licence –

(a) holds an L2 learner licence; or

(b) is not in the L1 stage and has previously held an L2 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 L2 stage;

(c) by omitting the definition of learner stage ;

(d) by inserting the following definition after the definition of medium rigid vehicle licence :

motor cycle learner stage means the learner licensing stage applicable to a person who, in relation to a 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;

(e) by omitting "learner stage" from paragraph (a) of the definition of P1 stage and substituting "motor cycle learner stage or the L2 stage";

(f) by omitting the definition of testing officer .

5.    Regulation 6A amended (Novice licensing stages)

Regulation 6A of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulations:

(1)  Before being eligible to be issued with a full licence in relation to a motor cycle licence, a novice rider must complete the following novice licensing stages, in ascending order:

(a) motor cycle learner stage;

(b) P1 stage;

(c) P2 stage.

(1A)  Before being eligible to be issued with a full licence in relation to a car licence, a novice driver must complete the following novice licensing stages, in ascending order:

(a) L1 stage;

(b) L2 stage;

(c) P1 stage;

(d) P2 stage.

6.    Regulation 7 amended (Learner drivers)

Regulation 7(2) of the Principal Regulations is amended by omitting paragraph (c) and substituting the following paragraphs:

(c) in the case of a novice rider, he or she has been regressed under section 13A of the Act from the P1 stage to the motor cycle learner stage; or

(d) in the case of a novice driver, he or she has been regressed under section 13A of the Act from the P1 stage to the L2 stage.

7.    Regulation 8 amended (Learner licences)

Regulation 8 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (5A) "a learner" first occurring and substituting "an L2 learner";

(b) by omitting from subregulation (5B) "learner stage" and substituting "L2 stage";

(c) by omitting from subregulation (7)(a)(ii) "testing officer" and substituting "driving assessment officer";

(d) by omitting from subregulation (7)(ab)(ii) "testing officer" and substituting "driving assessment officer";

(e) by omitting from subregulation (7)(b) "testing officer" and substituting "driving assessment officer";

(f) by omitting from subregulation (7)(c) "testing officer" and substituting "driving assessment officer".

8.    Regulation 10A amended (Regression of novice riders)

Regulation 10A of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "novice driver or";

(b) by inserting in subregulation (1)(b) "motor cycle" after "to the";

(c) by inserting in subregulation (1)(c) "motor cycle" after "the";

(d) by omitting from subregulation (2) "novice driver or";

(e) by inserting in subregulation (2) "motor cycle" after "from the";

(f) by omitting from subregulation (2) "a car or";

(g) by omitting subregulation (3) and substituting the following subregulation:

(3)  The Registrar must not issue to a novice rider who is regressed from the P1 stage to the motor cycle learner stage in respect of a motor cycle licence, another provisional licence in relation to a motor cycle until the person –

(a) has held another learner licence in relation to a motor cycle for a minimum of 28 days; and

(b) otherwise complies with the relevant eligibility requirements in these regulations.

(h) by omitting from subregulation (4) "novice driver or";

(i) by omitting from subregulation (4) "particular licence class, another P2 provisional licence in relation to that class" and substituting "motor cycle, another P2 provisional licence in relation to a motor cycle";

(j) by omitting from subregulation (4)(a) "the particular licence class" and substituting "a motor cycle".

9.    Regulation 10AB inserted

After regulation 10A of the Principal Regulations , the following regulation is inserted in Division 2:

10AB.   Regression of novice drivers

(1)  For the purposes of section 13A of the Act, a novice driver is to be regressed as follows:

(a) from the P2 stage to the P1 stage;

(b) from the P1 stage to the L2 stage;

(c) from the L2 stage to the L1 stage;

(d) from the L1 stage to not holding a learner licence.

(2)  The Registrar must not issue to a novice driver who is regressed from the L1 stage, a (or another) L1 learner licence in relation to a car 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 who is regressed from the L2 stage to the L1 stage, another L2 learner licence in relation to a car until the person –

(a) has held another L1 learner licence in relation to a car 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 who is regressed from the P2 stage to the P1 stage in relation to a car, another P2 provisional licence in relation to a car until the person –

(a) has first been issued with another P1 provisional licence in relation to a car and has held that licence for a continuous 12-month period; and

(b) otherwise complies with the relevant eligibility requirements in these regulations.

10.    Regulation 10B amended (Prescribed offences)

Regulation 10B of the Principal Regulations is amended by inserting after paragraph (c) the following paragraphs:

(ca) failing to wear a helmet, in contravention of regulation 270(1) of the Traffic (Road Rules) Regulations 1999 ;

(cb) failing to display P-plates, in contravention of regulation 9(6) ;

11.    Regulation 10D amended (Transitional provisions)

Regulation 10D of the Principal Regulations is amended by inserting after subregulation (4) the following subregulation:

(4A)  A person who, immediately before the commencement of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Novice Driver Licensing) Regulations 2009 , holds a car licence issued as a learner licence –

(a) is taken to be in the L2 stage; and

(b) is taken to hold an L2 learner licence; and

(c) is not required to comply with regulation 11(1A)(a) ; and

(d) if applying for a P1 provisional licence, is required to hold the learner licence for a minimum period of 6 continuous months starting from the date of its issue and ending not more than 28 days before so applying.

12.    Regulation 11 amended (Eligibility)

Regulation 11 of the Principal Regulations is amended as follows:

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

(1AA)  A novice driver in the L1 stage in relation to a car is required to have held an L1 learner licence for a continuous period of at least 3 months ending not more than 28 days before applying for an L2 learner licence.

(1AB)  Subregulation (1AA) does not apply to a novice driver who is regressed under section 13A of the Act from the L2 stage to the L1 stage.

(b) by omitting from subregulation (1A) "learner stage" and substituting "L2 stage";

(c) by omitting from subregulation (1A)(a) "a learner licence" and substituting "an L2 licence";

(d) by omitting from subregulation (1A)(a) "6 months immediately" and substituting "9 months ending not more than 28 days";

(e) by omitting from subregulation (1B) "learner stage" and substituting "L2 stage";

(f) by omitting from subregulation (1BA) "learner stage" and substituting "L2 stage";

(g) by omitting from subregulation (2)(a)(i) "immediately before applying for provisional" and substituting "ending not more than 28 days before applying for a";

(h) by inserting in subregulation (2AA) "motor cycle" after "to the";

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

(4)  The Registrar may exempt a person from an eligibility requirement under subregulation (1A)(a) if the person satisfies the Registrar that the exemption is justified in view of the person's age, experience, occupation or the special circumstances of the person's case.

(4A)  The Registrar may exempt a person from an eligibility requirement under subregulation (2)(b) if the person –

(a) has reached the age of 17 years and has held an Australian driver licence (other than a learner licence) of class "C" or above, or a similar foreign driver licence (other than a learner licence), for at least 12 months; and

(b) satisfies the Registrar that the exemption is justified in view of the person's age, experience, occupation or the special circumstances of the person's case.

13.    Schedule 2 amended (Demerit Points Offences)

Part 3 of Schedule 2 to the Principal Regulations is amended as follows:

(a) by inserting "in L1 stage or L2 stage" after "driver" in column 2 of item 182 in the table ;

(b) by inserting "motor cycle" after "rider in" in column 2 of item 182 in the table ;

(c) by omitting item 183 and substituting the following:

183.

Learner driver (other than novice driver in L1 stage or L2 stage or novice rider in motor cycle learner stage) fail to display clearly visible L-plates as required

DLVR 8(6)

2

L095

PART 3 - Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 Further Amended

14.   Principal Regulations

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

15.    Schedule 1 amended (Fees)

Schedule 1 to the Principal Regulations is amended as follows:

(a) by inserting "in the L1 stage" after "novice driver" in column 2 of paragraph (b) of item 5 in the second table ;

(b) by inserting after paragraph (b) in item 5 the following:

(ba) in the case of a class “C” driver licence where the person is a novice driver in the L2 stage

55.59

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

Notified in the Gazette on 15 April 2009

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 in relation to the requirements for the licensing of learner drivers.