Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment Regulations (No. 3) 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 .
16 November 2009PETER 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 Regulations (No. 3) 2009 .
These regulations take effect on 30 November 2009.
In these regulations, the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 are referred to as the Principal Regulations.
4. Regulation 10B amended (Prescribed offences)
Regulation 10B of the Principal Regulations is amended as follows:(a) by omitting from paragraph (b) " Traffic (Road Rules) Regulations 1999 " and substituting " Road Rules 2009 ";(b) by omitting from paragraph (c) " Traffic (Road Rules) Regulations 1999 " and substituting " Road Rules 2009 ";(c) by omitting from paragraph (ca) " Traffic (Road Rules) Regulations 1999 " and substituting " Road Rules 2009 ".
5. Regulation 121 inserted
After regulation 120 of the Principal Regulations , the following regulation is inserted:121. Prescribed minimum fines for excessive speeding
(1) For the purposes of section 19B(1)(c)(i)(A) of the Act, the prescribed amount is $650.(2) For the purposes of section 19B(1)(c)(i)(B) of the Act, the prescribed amount is $900.
6. Schedule 2 substituted
Schedule 2 to the Principal Regulations is rescinded and the following Schedule is substituted:SCHEDULE 2 - Demerit Points OffencesNoteThe following abbreviations are used in this Schedule:
DLVR Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000
RR Road Rules 2009
TA Traffic Act 1925
VSR Vehicle and Traffic (Vehicle Standards) Regulations 2001
VT Vehicle and Traffic Act 1999
INDEX
PART 1 – NATIONAL SCHEDULE OF DEMERIT POINTS OFFENCES
Driving contrary to minor defect notice
Driving contrary to major defect notice or prohibition on use
Failing to dip headlights
Following too closely
Driving at night without lights
Exceeding speed-limit
Improperly overtaking or passing
Turning or stopping without signalling
Turning improperly
Failing to keep left
Disobeying traffic signal
Disobeying stop or give way sign or line, or police directing traffic
Failing to give way
Failing to stop or give way at pedestrian, children’s or level crossing
Driving with unrestrained passengers
Driving without seatbelts
Failing to wear helmet
Failing to keep left of dividing line(s) or median strip
Driving carelessly or negligently
PART 2 – SCHEDULE OF RECOGNISED INTERSTATE DEMERIT POINTS OFFENCES
Note: There are no offences prescribed.
PART 3 – SCHEDULE OF LOCAL DEMERIT POINTS OFFENCES
Disobeying sign/road marking
Failing to give way
Heavy vehicle signs
Seatbelts
Speeding
Miscellaneous
PART 1 - National Schedule of Demerit Points Offences
Col 1 Item
Col 2 Offence
Col 3 Legislation creating offence
Col 4 Demerit points
Driving contrary to minor defect notice
1.
Fail to comply with minor vehicle defect notice
DLVR 72(2)
1
2.
Use vehicle contrary to condition in minor defect notice
DLVR 72(3)
1
Driving contrary to major defect notice or prohibition on use
3.
Fail to comply with major vehicle defect notice
DLVR 72(1)
3
4.
Use vehicle contrary to condition in major defect notice
DLVR 72(3)
3
5.
Use/permit use of motor vehicle or trailer on public street contrary to prohibition on use
VT 32
3
Failing to dip headlights
6.
Use/allow high-beam headlights within 200 metres of moving vehicle
RR 218(1)
1
7.
Use/allow use of lights likely to dazzle another road user
RR 219
1
Following too closely
8.
Follow another vehicle too closely to stop safely
RR 126
1
9.
Long vehicle driver fail to keep required minimum distance behind another long vehicle
RR 127(1)
1
Driving at night without lights
10.
Drive at night or in weather reduced visibility conditions without head/tail/number plate lights effectively operating and visible
RR 215(1)(a)
1
11.
Drive at night or in weather reduced visibility conditions without clearance/side marker lights effectively operating and visible
RR 215(1)(b)
1
12.
Tow vehicle at night or in weather reduced visibility conditions without lights as required on towed vehicle
RR 216(1)
1
Exceeding speed-limit
13.
Exceed applicable speed-limit applying to driver for length of road by less than 15 km/h
RR 20
2
14.
Exceed applicable speed-limit applying to driver for length of road by 15 km/h or more but less than 30 km/h
RR 20
3
15.
Exceed applicable speed-limit applying to driver for length of road by 30 km/h or more but less than 38 km/h
RR 20
5
16.
Exceed applicable speed-limit applying to driver for length of road by 38 km/h or more but less than 45 km/h
RR 20
6
17.
Exceed applicable speed-limit applying to driver for length of road by 45 km/h or more
RR 20
6
Improperly overtaking or passing
18.
Drive past a no overtaking or passing sign when oncoming vehicle on bridge/road
RR 93(1)(a)
2
19.
Overtake vehicle on bridge/road contrary to no overtaking or passing sign
RR 93(1)(b)
2
20.
Overtake on bridge contrary to no overtaking on bridge sign
RR 94
2
21.
Overtake when unsafe and when no clear view of any approaching traffic
RR 140
2
22.
Driver (other than cyclist) overtake to left of vehicle when not permitted
RR 141(1)
2
23.
Driver overtake to right of vehicle indicating turning right or doing U-turn
RR 142 (1)
2
24.
Pass/overtake (when unsafe) to left of vehicle with do not overtake turning vehicle sign that is indicating turning left
RR 143(1)
2
25.
Pass/overtake (when unsafe) to right of vehicle with do not overtake turning vehicle sign that is indicating turning right, or doing U-turn
RR 143(2)
2
26.
Overtake too close to another vehicle
RR 144(a)
2
27.
Cut in front of vehicle after overtaking
RR 144(b)
2
Turning or stopping without signalling
28.
Fail to give required left change of direction signal
RR 46(1)
2
29.
Fail to give required right change of direction signal
RR 48(1)
2
30.
Fail to give required stop signal
RR 53(1)
2
31.
Fail to give sufficient stop signal on stopping
RR 53(2)
2
32.
Fail to give stop signal when suddenly slowing
RR 53(3)
2
33.
Fail to give sufficient left change of direction signal before entering roundabout (when leaving at first exit)
RR 112(2)
2
34.
Fail to continue left change of direction signal (when leaving at first exit of roundabout)
RR 112(3)
2
35.
Fail to give sufficient right change of direction signal before entering roundabout (when travelling more than halfway through)
RR 113(2)
2
36.
Fail to continue right change of direction signal (when travelling more than halfway through roundabout)
RR 113(3)
2
37.
Fail to indicate left-change of lane/traffic line in roundabout
RR 117(1)
2
38.
Fail to indicate right-change of lane/traffic line in roundabout
RR 117(2)
2
39.
Fail to indicate left when leaving roundabout (if practicable)
RR 118(1)
2
Turning improperly
40.
Fail to keep left when starting left hand turn (from other than multi-lane road)
RR 27(1)
2
41.
Fail to approach and enter from within left lane (unless otherwise permitted) when turning left from multi-lane road
RR 28(1)
2
42.
Fail to approach and enter from within slip lane (unless obstructed) when turning left at intersection from multi-lane road with slip lane
RR 28(1A)
2
43.
Fail to make left hand turn at intersection as indicated by turn line
RR 29(1)
2
44.
Start right hand turn incorrectly (from other than multi-lane road)
RR 31(1)
2
45.
Fail to approach and enter from within right lane (unless otherwise permitted) when turning right at intersection from multi-lane road
RR 32(1)
2
46.
Make right hand turn incorrectly
RR 33(1)
2
47.
Fail to make hook turn correctly at hook turn only sign
RR 34(1)
2
48.
Start U-turn without clear view and when could unreasonably obstruct traffic
RR 37
2
49.
Make U-turn contrary to no U-turn sign (at dividing strip)
RR 39(1)
2
50.
Make U-turn contrary to no U-turn sign (along road)
RR 39(2)
2
51.
Make U-turn at intersection with traffic lights without U-turn permitted sign
RR 40
2
52.
Make U-turn at intersection without traffic lights (contrary to no U-turn sign)
RR 41
2
53.
Start U-turn at intersection from incorrect position
RR 42
2
54.
Fail to turn left at left turn only sign
RR 88(1)
2
55.
Fail to turn left when entering intersection in left lane must turn left sign lane
RR 88(2)
2
56.
Fail to turn right at right turn only sign
RR 89(1)
2
57.
Fail to turn right when entering intersection in right lane must turn right sign lane
RR 89(2)
2
58.
Turn at no turns sign
RR 90
2
59.
Turn left at no left turn sign
RR 91(1)
2
60.
Turn right at no right turn sign
RR 91(2)
2
61.
Make U-turn at no right turn sign
RR 91(2)
2
Failing to keep left
62.
Fail to keep left of central traffic island in roundabout
RR 115(1)(a)
2
63.
Fail to keep to left of centre of traffic island in roundabout (where vehicle too large to drive in roundabout without driving on edge of central traffic island)
RR 115(1)(b)
2
64.
Fail to keep to left of centre of traffic island (where vehicle too large to drive in roundabout without driving over central traffic island)
RR 115(1)(c)
2
65.
Driver (other than motor bike rider) fail to keep to far left side of road (except on multi-lane road)
RR 129(1)
2
66.
Drive in a right hand lane on multi-lane road (in an over 80 km/h zone or with keep left unless overtaking sign) when not permitted
RR 130(2)
2
67.
Fail to keep left of oncoming vehicles as required unless rider of postal vehicle, bicycle or animal riding on path or nature strip
RR 131(1)
2
68.
Fail to keep left of centre of road (when no dividing line/median strip)
RR 132(1)
2
Disobeying traffic signal
69.
Fail to stop as required on red traffic light
RR 56(1)
3
70.
Fail to stop as required on red traffic arrow
RR 56(2)
3
71.
Fail to stop on yellow traffic light when could have done so safely and/or proceed before permitted
RR 57(1)
3
72.
Fail to stop on yellow traffic arrow when could have done so safely and/or proceed before permitted
RR 57(2)
3
73.
Enter intersection contrary to red traffic light
RR 59(1)
3
74.
Enter intersection or marked foot crossing contrary to red traffic arrow
RR 60
3
75.
Driver of motor vehicle enter bicycle storage area contrary to red traffic light
RR 60A(1)
3
76.
Driver of motor vehicle enter bicycle storage area contrary to red traffic arrow
RR 60A(2)
3
77.
Proceed against yellow/red traffic light/arrow after having stopped before entering intersection
RR 61(2)
3
78.
Fail to give way as required when turning at flashing yellow traffic arrow at intersection
RR 64
3
79.
Fail to stop as required at twin red lights (other than at level crossing)
RR 66(1)
3
80.
Proceed through twin red lights after stopping (other than at level crossing) with lights still showing
RR 66(4)
3
81.
Fail to comply with overhead lane control device
RR 152(1)
3
82.
Public bus driver fail to stop as required at red B light
RR 281
3
83.
Public bus driver fail to stop as required at yellow B light
RR 282
3
84.
Public bus driver unlawfully proceed through red/yellow B light (after having stopped)
RR 284
3
85.
Public bus driver (having stopped before entering intersection) proceed before permitted by light/arrow to do so
RR 286(2)
3
86.
Public bus driver (already stopped in intersection) fail to proceed as soon as safely possible after B light/arrow changes to yellow/red
RR 286(3)
3
Disobeying stop or give way sign or line, or police directing traffic
87.
Fail to stop and give way as required at a stop sign/line (at intersection without traffic lights)
RR 67(1)
3
88.
Fail to stop and give way as required at a stop sign/line (other than at intersection, children’s crossing, level crossing or twin red lights)
RR 68(1)
3
89.
Fail to give way as required at give way sign/line at intersection (other than a roundabout)
RR 69(1)
3
90.
Fail to give way at give way sign on bridge/narrow road
RR 70
3
91.
Fail to give way as required at give way sign/line (other than at intersection, bridge, narrow road, level crossing, twin red lights)
RR 71(1)
3
92.
Fail to stop before reaching hand-held stop sign (other than at children’s crossing)
RR 101(1)
3
93.
Proceed past hand-held stop sign before permitted to do so (other than at children’s crossing)
RR 101(2)
3
94.
Fail to obey reasonable direction by police/authorised person for safe and efficient traffic regulation
RR 304(1)
3
Failing to give way
95.
Fail to give way when making U-turn
RR 38
3
96.
Fail to give way when turning at intersection with traffic lights except on green traffic arrow
RR 62
3
97.
Fail to give way at intersection where traffic lights not wholly operating (with traffic light-stop sign displayed)
RR 63(2)
3
98.
Fail to give way as required at intersection (not roundabout) where traffic lights not wholly operating or only flashing yellow (and no traffic light-stop sign displayed)
RR 63(3)
3
99.
Fail to give way as required at uncontrolled/unsigned intersection (other than T-intersection or roundabout)
RR 72(1)
3
100.
Fail to give way as required at uncontrolled/unsigned T-intersection
RR 73(1)
3
101.
Fail to give way as required to vehicle (other than one turning right from road-related area/adjacent land) when entering (uncontrolled/ unsigned) road from road-related area/adjacent land
RR 74(1)(a)
3
102.
Fail to give way to any pedestrian on road when entering (uncontrolled/ unsigned) road from road-related area/adjacent land
RR 74(1)(b)
3
103.
Fail to give way to any vehicle/pedestrian on road-related area crossed when entering (uncontrolled/ unsigned) road from road-related area/adjacent land
RR 74(1)(c)
3
104.
Fail to give way when entering (uncontrolled/ unsigned) road from road-related area to pedestrian on the road-related area
RR 74(1)(d)(i)
3
105.
Fail to give way when entering (uncontrolled/unsigned) road from road-related area to vehicle ahead or approaching from left or right
RR 74(1)(d)(ii)
3
106.
Fail to give way to any pedestrian on road when entering road-related area/adjacent land from uncontrolled/unsigned road
RR 75(1)(a)
3
107.
Fail to give way as required to any vehicle/pedestrian on road-related area
RR 75(1)(b)
3
108.
Fail to give way to oncoming vehicle when turning right into road-related area/adjacent land
RR 75(1)(c)
3
109.
Fail to give way as required to vehicle on continuing road at T-intersection
RR 75(1)(d)
3
110.
Fail to give way as required to signed signalling bus pulling out
RR 77(1)
3
111.
Move into path of police/emergency vehicle displaying flashing red/blue light or sounding alarm
RR 78(1)
3
112.
Fail to move out of path of police/emergency vehicle displaying flashing red/blue light or sounding alarm
RR 78(2)
3
113.
Fail to give way to police/emergency vehicle displaying flashing red/blue light or sounding alarm
RR 79(1)
3
114.
Driver fail to give way to pedestrian in shared zone
RR 83
3
115.
Fail to give way as required to vehicle when driving through break in (unsigned/unmarked) dividing strip
RR 84(1)
3
116.
Fail to give way to vehicle as required when entering turning lane from painted island
RR 85
3
117.
Fail to give way when entering median turning bay to oncoming vehicle already in bay
RR 86(1)
3
118.
Fail to give way to vehicle as required when entering marked lane or line of traffic from either side of road
RR 87(1)
3
119.
Fail to give way to vehicle as required when turning from median strip parking area into marked lane/line of traffic
RR 87(3)
3
120.
Fail to give way on entering roundabout to vehicle in roundabout
RR 114(1)
3
121.
Fail to give way moving from one marked lane to another
RR 148(1)
3
122.
Fail to give way moving from one line of traffic to another (when at least 2 lines of traffic travelling in same direction)
RR 148(2)
3
123.
Fail to give way when diverging (left or right) within marked lane
RR 148A
3
124.
Fail to give way when any part of other vehicle is ahead when lines of traffic merge
RR 149
3
125.
Driver on path (other than cyclist or driver entering a road from a road-related area or adjacent land or vice versa) fail to give way to other road users/animals on path
RR 288(4)
3
126.
Driver on nature strip (other than animal rider or driver entering a road from a road-related area or adjacent land or vice versa) fail to give way to other road users/animals on nature strip
RR 289(2)
3
Failing to stop or give way at pedestrian, children’s or level crossing
127.
Fail to give way to any pedestrian on marked foot crossing with flashing yellow traffic light (other than at/near intersection)
RR 65(2)(a)
3
128.
Obstruct pedestrian on marked foot crossing with flashing yellow traffic light (other than at/near intersection)
RR 65(2)(b)
3
129.
Overtake/pass vehicle stopping/stopped at marked foot crossing with flashing yellow traffic light (other than at/near intersection)
RR 65(2)(c)
3
130.
Approach children’s crossing too quickly to stop safely
RR 80(1)
3
131.
Fail to stop at children’s crossing (when hand-held stop sign displayed)
RR 80(2)(a)
3
132.
Fail to stop at children’s crossing (when pedestrian on/entering crossing)
RR 80(2)(b)
3
133.
Proceed through children’s crossing when pedestrian is on or entering crossing and before hand-held stop sign no longer displayed or before being signalled to do so
RR 80(3)
3
134.
Proceed through children’s crossing while pedestrian is on or is entering the crossing
RR 80(4)
3
135.
Approach pedestrian crossing too quickly to stop safely
RR 81(1)
3
136.
Fail to give way to pedestrian on pedestrian crossing
RR 81(2)
3
137.
Overtake/pass a vehicle stopping/stopped at children’s/pedestrian crossing
RR 82
3
138.
Fail to stop and give way at stop sign at level crossing
RR 121
3
139.
Fail to give way at level crossing with give way sign/line
RR 122
3
140.
Enter level crossing (with warning lights operating or warning bells ringing)
RR 123(a)
3
141.
Enter level crossing (with gate/boom/barrier in any stage of operation)
RR 123(b)
3
142.
Enter level crossing when train entering
RR 123(c)
3
143.
Enter level crossing (when approaching train can be seen/heard and danger of collision)
RR 123(d)
3
144.
Enter level crossing (when blocked or road beyond blocked)
RR 123(e)
3
Driving without seatbelts
145.
Driver fail to wear properly adjusted and fastened seatbelt (when vehicle moving/stationary, but not parked)
RR 264(1)
3
Driving with unrestrained passengers
146.
Driver fail to ensure passenger aged 16 or older is restrained as required (when vehicle is moving/stationary, but not parked)
RR 265(3)
3
147.
Driver fail to ensure passenger under 16 years is restrained as required (when vehicle is moving/stationary, but not parked)
RR 266(1)
3
Failing to wear helmet
148.
Motor bike rider fail to wear securely fitted and fastened approved motor bike helmet (when vehicle moving/stationary, but not parked)
RR 270(1)(a)
3
149.
Motor bike rider fail to ensure passenger wearing securely fitted and fastened approved motor bike helmet (when vehicle moving/stationary, but not parked)
RR 270(1)(b)
3
Failing to keep left of dividing line(s) or median strip
150.
Fail to keep left of dividing line as required
RR 132(2)
3
151.
Driver cross dividing lines as specified to make U-turn
RR 132(2A)
3
152.
Fail to keep left of median strip (other than painted island)
RR 135(1)
3
Driving carelessly or negligently
153.
Drive without due care and attention
RR 367(1)
3
154.
Negligent driving (having regard to all the circumstances)
TA 32(2)
3
PART 2 - Schedule of Recognised Interstate Demerit Points Offences
Note: There are no offences prescribed.
PART 3 - Schedule of Local Demerit Points Offences
Col 1 Item
Col 2Offence
Col 3 Legislation creating offence
Col 4 Demerit points
Disobeying sign/road marking
155.
Drive in direction contrary to traffic lane arrows at intersection (other than roundabout) except as permitted
RR 92(1)
2
156.
Drive contrary to one-way sign unless rider of postal vehicle, bicycle or animal riding on path or nature strip
RR 98(1)
2
157.
Fail to keep left (contrary to keep left sign) unless rider of postal vehicle, bicycle or animal riding on path or nature strip
RR 99(1)
2
158.
Fail to keep right (contrary to keep right sign) unless rider of postal vehicle, bicycle or animal riding on path or nature strip
RR 99(2)
2
159.
Drive past no entry sign
RR 100
2
160.
Fail to obey roundabout traffic lane arrows as required
RR 116
2
161.
Cross continuous line separating 2 marked lanes (multi-lane road) when not permitted
RR 147
2
162.
Drive in bicycle lane when not permitted
RR 153(1)
2
163.
Driver cross 2 broken parallel dividing lines when not permitted
RR 371(1)
3
Failing to give way
164.
Fail to give way as required in road-related area to vehicle converging on right
RR 368(1)
3
Heavy vehicle signs
165.
Drive overheight vehicle past clearance or low clearance sign
RR 102(1)
2
166.
Drive vehicle past bridge load limit (gross mass) sign/gross load limit sign if in excess of displayed gross mass
RR 103(1)
2
167.
Drive vehicle past bridge load limit (mass per axle group) sign if in excess of mass indicated
RR 103(2)
2
168.
Fail to gear down as required if trucks and buses low gear sign applies
RR 108(1)
2
Seatbelts
169.
Use motor vehicle (as driver) in contravention of vehicle standards – seatbelt requirements
VSR 4(1)(a) as regards VSR 32(2)
3
Speeding
170.
Turn right or left at traffic lights intersection at more than 20 km/h
RR 363(1)
2
171.
Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by less than 10 km/h
RR 374(1)
2
172.
Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 10 to 14 km/h
RR 374(1)
2
173.
Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 15 to 22 km/h
RR 374(1)
3
174.
Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 23 to 29 km/h
RR 374(1)
3
175.
Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 30 to 37 km/h
RR 374(1)
5
176.
Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 38 to 44 km/h
RR 374(1)
6
177.
Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 45 km/h or more
RR 374(1)
6
Miscellaneous
178.
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
179.
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
180.
Novice driver or novice rider in P1 stage fail to display clearly visible P-plates as required
DLVR 9(6)
2
181.
Enter marked foot crossing contrary to red traffic light
RR 59(1)
3
182.
Drive with passenger in/on part of motor vehicle not designed primarily for carriage of passengers or goods
RR 268(4A)
3
183.
Drive with passenger in/on part of motor vehicle designed primarily for goods carriage unless part is enclosed and passenger occupies suitable seating position and wears seatbelt
RR 268(4B)
3
184.
Ride motor bike with passenger who is aged under 8 years, unless in side car
RR 271(5A)
3
185.
Drive using mobile phone (when vehicle moving or stationary, but not parked) except to make or receive call from phone secured in mounting or not required to be touched, or as otherwise exempt
RR 300(1)
3
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 25 November 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 by –(a) revising the Schedule of demerit points offences in line with the Road Rules 2009 ; and(b) increasing the demerit points applicable to certain offences; and(c) prescribing minimum fines for excessive speeding for the purposes of section 19B(1)(c)(i)(A) and (B) of the Vehicle and Traffic Act 1999 .