Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Heavy Vehicle) Regulations 2014
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 .
3 February 2014PETER G. UNDERWOOD
Governor
By His Excellency's Command,
D. J. O'BYRNE
Minister for Infrastructure
PART 1 - Preliminary
These regulations may be cited as the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Heavy Vehicle) Regulations 2014 .
(1) Except as provided by this regulation, these regulations take effect on the day on which section 4 of the Heavy Vehicle National Law (Tasmania) Act 2013 commences.(2) Part 3 takes effect on the day on which section 31 of the Heavy Vehicle National Law (Tasmania) Act 2013 commences.
PART 2 - Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 Amended
In this Part, the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3(1) of the Principal Regulations is amended by inserting after the definition of hire and drive vehicle the following definition:HVNL means the Heavy Vehicle National Law (Tasmania);
5. Schedule 2 amended (Demerit Points Offences)
Schedule 2 to the Principal Regulations is amended as follows:(a) by inserting in Part 1 of the Index after the item "Driving carelessly or negligently" the following item:
Using heavy vehicle contrary to defect notice
(b) by inserting after item 154 in the table in Part 1 the following:
Using heavy vehicle contrary to defect notice
154A.
Use of heavy vehicle contrary to vehicle defect notice (minor defect notice)
HVNL 529
1
154B.
Use of heavy vehicle contrary to vehicle defect notice (major defect notice)
HVNL 529
3
PART 3 - Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 Further Amended
In this Part, the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 are referred to as the Principal Regulations.
7. Schedule 2 amended (Demerit Points Offences)
Schedule 2 to the Principal Regulations is amended as follows:(a) by inserting in Part 1 of the Index after the item "Using heavy vehicle contrary to defect notice" the following item:
Fatigue management offences
(b) by inserting after item 154B in the table in Part 1 the following:
154C.
Fatigue management offences Drive fatigue-regulated heavy vehicle whilst impaired by fatigue
HVNL 228(1)
3
154D.
Solo driver of fatigue-regulated heavy vehicle in breach of standard hours (severe risk breach)
HVNL 250(1)
3
154E.
Solo driver of fatigue-regulated heavy vehicle in breach of standard hours (critical risk breach)
HVNL 250(1)
4
154F.
Two-up driver of fatigue-regulated heavy vehicle in breach of standard hours (severe risk breach)
HVNL251(1)
3
154G.
Two-up driver of fatigue-regulated heavy vehicle in breach of standard hours (critical risk breach)
HVNL251(1)
4
154H.
Solo driver of fatigue-regulated heavy vehicle in breach of BFM hours (severe risk breach)
HVNL254(1)
3
154I.
Solo driver of fatigue-regulated heavy vehicle in breach of BFM hours (critical risk breach)
HVNL254(1)
4
154J.
Two-up driver of fatigue-regulated heavy vehicle in breach of BFM hours (severe risk breach)
HVNL256(1)
3
154K.
Two-up driver of fatigue-regulated heavy vehicle in breach of BFM hours (critical risk breach)
HVNL256(1)
4
154L.
Driver of fatigue-regulated heavy vehicle in breach of AFM hours (severe risk breach)
HVNL 258(1)
3
154M.
Driver of fatigue-regulated heavy vehicle in breach of AFM hours (critical risk breach)
HVNL 258(1)
4
154N.
Driver of fatigue-regulated heavy vehicle in breach of exemption hours (severe risk breach)
HVNL 260(1)
3
154O.
Driver of fatigue-regulated heavy vehicle in breach of exemption hours (critical risk breach)
HVNL 260(1)
4
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 5 February 2014
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 prescribing new demerit points offences consequent on the enactment of the Heavy Vehicle National Law (Tasmania) Act 2013 .