Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Mandatory Alcohol Interlock) Regulations (No. 2) 2013

Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Mandatory Alcohol Interlock) Regulations (No. 2) 2013

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 .

18 November 2013

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

D. J.O'BYRNE

Minister for Infrastructure

1.   Short title

These regulations may be cited as the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Mandatory Alcohol Interlock) Regulations (No. 2) 2013 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 are referred to as the Principal Regulations.

4.    Regulation 26I amended (Eligibility for revocation of I condition)

Regulation 26I(3) of the Principal Regulations is amended by omitting "a certificate of exemption" from the definition of full exemption and substituting "an exemption".

5.    Regulation 26J amended (Restarting of time periods)

Regulation 26J(3) of the Principal Regulations is amended as follows:

(a) by omitting from paragraph (a) "a certificate of exemption" and substituting "an exemption";

(b) by omitting from paragraph (b) "a certificate of exemption" and substituting "an exemption".

6.    Regulation 26N amended (Exemptions from this Division)

Regulation 26N of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (3) "a certificate of exemption" and substituting "an exemption";

(b) by inserting the following paragraphs after paragraph (c) in subregulation (3) :

(ca) the Registrar is satisfied that –

(i) the applicant has nominated a vehicle or vehicles under regulation 26B(1)(a) and has had an interlock installed, in accordance with regulation 26E , in each vehicle so nominated; and

(ii) the applicant must drive another vehicle to or from work, or for the purposes of work; and

(iii) the other vehicle is unable to be installed with an interlock due to –

(A) the owner or operator of the vehicle being unwilling, or unable, to give permission for an interlock to be installed in the vehicle; or

(B) the type, or class or quality, of the other vehicle to be driven by the applicant under the exemption; or

(cb) the Registrar is satisfied that –

(i) a refusal to grant an exemption to an applicant would cause severe hardship to the applicant or another person; and

(ii) it is appropriate in the circumstances to grant the exemption; or

(c) by omitting subregulations (4) and (5) and substituting the following subregulations:

(3A)  An exemption issued under subregulation (3)  –

(a) is to be in any form the Registrar considers appropriate; and

(b) may be subject to any conditions the Registrar considers appropriate.

(4)  An exemption issued under subregulation (3)(a) , (b) , (cb) or (d) exempts the holder of the exemption from the requirements of regulation 26B and the MAIP, other than regulation 26B(2)(b) , while the holder of the exemption is operating a motor vehicle in accordance with the exemption.

(5)  An exemption issued under subregulation (3) (c) exempts the holder of the exemption from the requirements of regulation 26B and the MAIP, other than regulation 26B(2)(b) , only while the holder of the exemption is operating a vehicle, in accordance with the exemption, on the island to which the exemption relates.

(5A)  An exemption issued under subregulation (3)(ca) exempts the holder of the exemption from the requirements of regulation 26B and the MAIP, other than regulation 26B(2)(b) , only while the holder of the exemption is operating a vehicle, or class or type of vehicle, in accordance with the exemption.

(d) by omitting from subregulation (6) "a certificate of exemption" and substituting "an exemption";

(e) by omitting from subregulation (6) "certificate of" second occurring;

(f) by omitting from subregulation (7) "a certificate of exemption" and substituting "an exemption";

(g) by omitting from subregulation (7) "certificate of" second occurring;

(h) by omitting subregulation (8) ;

(i) by omitting from subregulation (9) "A certificate of exemption" and substituting "An exemption";

(j) by omitting from subregulation (9)(a) "certificate of";

(k) by omitting from subregulation (9)(b) "certificate of";

(l) by omitting from subregulation (9)(c) "certificate of";

(m) by omitting from subregulation (9)(e) "certificate of".

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

Notified in the Gazette on 27 November 2013

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 extending the power of the Registrar, in specified circumstances, to exempt a person from the requirement to install an alcohol interlock in a vehicle.