Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Motor Trikes) Regulations 2012
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 .
19 November 2012PETER G. UNDERWOOD
Governor
By His Excellency's Command,
D. J. O'BYRNE
Minister for Infrastructure
These regulations may be cited as the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Motor Trikes) Regulations 2012 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 are referred to as the Principal Regulations.
4. Regulation 37A inserted
After regulation 37 of the Principal Regulations , the following regulation is inserted in Division 8:37A. Exemption from requirement to hold motorcycle licence
(1) A person is exempt from the requirement to hold a motorcycle licence when driving a motor trike, if the person –(a) holds a full car licence and has held that licence for a continuous period of at least 3 years; and(b) completes any training or assessment required by the Registrar in respect of the exemption; and(c) has a medical certificate that certifies that the person is physically unable to drive a motor bike due to –(i) the loss, or the permanent deprivation, of an arm, leg, hand or foot; or(ii) a total and permanent incapacity; and(d) before he or she drives a motor trike under the benefit of an exemption under this subregulation, has provided to the Registrar –(i) written notification that he or she intends to drive a motor trike under the exemption; and(ii) a copy of the medical certificate referred to in paragraph (c) .(2) The holder of a full car licence is exempt from the requirement to hold a motorcycle licence, or a learner motor cycle licence, when driving a motor trike if the holder of the full car licence is participating in training or assessment required by the Registrar, under subregulation (1)(b) .(3) An exemption under this regulation does not operate in favour of a person who would, but for this subregulation, have the benefit of the exemption while that person is in breach of a condition of the exemption.(4) Without limiting the generality of regulation 24 , a condition referred to in subregulation (3) may include that only the motor trike, or class of motor trike, specified in the condition is to be driven under an exemption under this regulation.(5) In this regulation –full car licence means an Australian driver licence that –(a) authorises the holder to operate a motor vehicle other than a motorcycle or motor trike; and(b) is neither a learner licence nor a provisional licence.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 21 November 2012
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 2010 by providing an exemption for certain persons from the requirement to hold a motorcycle licence when operating a motor trike.