Part 1
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Tasmania act
Sets rules for driver licences, vehicle registration, motor tax, vehicle standards and enforcement in Tasmania. It creates offences and penalties for unlicensed or suspended driving, unregistered or prohibited vehicle use, dishonest documents and use of written‑off vehicles, and empowers the Registrar and Transport Commission to run registers, set fees and require inspections.
It also authorises automated detection devices, sets motor‑tax schedules and levies, and lets regulators adopt detailed standards by regulation. It affects drivers, vehicle operators and employers who must comply, pay taxes/fees and face enforcement.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Vehicle and Traffic Act 1999.
This Act may be cited as the Vehicle and Traffic Act 1999 .
The provisions of this Act commence on a day or days to be proclaimed.
(1) In this Act, unless the contrary intention appears –[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] [Section 3 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021]
[Section 3 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] ADR means –
(a) the vehicle standards (Australian Design Rules) determined under the MVSA and as amended or replaced from time to time; or
(b) a national road vehicle standard determined under section 12 of the Road Vehicle Standards Act 2018, as amended or replaced from time to time;
ancillary certificate means one of the following:
(a) a certificate authorising the holder to provide driving instruction for reward;
(b) a certificate authorising the holder to drive a public passenger vehicle;
articulated for a vehicle, means –
(a) the vehicle consists of a motor vehicle and a trailer; and
(b) the trailer is pivoted to the motor vehicle; and
(c) part of the trailer (not being a pole, drawbar or similar device) is superimposed on the motor vehicle;
Australian driver licence means a licence (including a driver licence receipt) issued under this Act or a corresponding law authorising the holder to drive a motor vehicle;
authorised officer means a person authorised by the Commission under section 9(2) of the Traffic Act 1925 to exercise the power or perform the function in reference to which the expression is used;
[Section 3 Subsection (1) amended by No. 69 of 2001, s. 4, Applied:10 Dec 2001] automatic statutory penalty means a penalty that, under an Act of this or any other State or a Territory, is imposed on an offender automatically if certain circumstances apply and not by order of a court;
axle means one or more shafts positioned in a line across a vehicle on which one or more of the wheels intended to support the vehicle turn;
bus means a motor vehicle that is designed and constructed to carry passengers and has seating capacity for more than 9 adults, including the driver;
camper van means a motor vehicle that is constructed principally for use as a dwelling;
class for an Australian driver licence, means –
(a) in the case of a driver licence issued under this Act – a class established by the regulations; and
(b) in the case of an Australian driver licence issued under a corresponding law – a class established under a corresponding law;
class A light vehicle means –
(a) a motor vehicle constructed for use primarily for the carriage of passengers (other than a bus or a motor cycle); or
(b) a camper van; or
(c) [Section 3 Subsection (1) amended by No. 40 of 2000, s. 4, Applied:14 Aug 2000] a truck with a GVM of less than 3 tonnes;
combination means a motor vehicle connected to one or more trailers;
Commission means the Transport Commission established under the Transport Act 1981 ;
Consumer Price Index means the Consumer Price Index (All Groups) for Hobart published by the Australian Bureau of Statistics or, if that Index is suspended or discontinued, any index published by the Australian Bureau of Statistics that measures price inflation for the household sector in Hobart;
Contracting State means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949;
contravention includes a failure to comply;
corresponding law means a law of another State or Territory of Australia dealing with either or both the following subjects:
(a) the driving of motor vehicles on roads;
(b) the use of motor vehicles and trailers on roads;
demerit points offence means an offence that attracts a demerit point or demerit points;
demerit points schedule means the prescribed schedule of demerit points offences setting out the number of demerit points attracted by each offence;
demerit points scheme means the scheme established by Division 4 of Part 3;
document includes a metallic, plastic or any other medium on which words, letters, numbers or symbols are written or imprinted;
driver licence means a licence (including a driver licence receipt) issued under this Act that authorises the holder of the licence to drive one or more classes of motor vehicle;
driver licence receipt means a receipt issued after an application for an Australian driver licence and payment of the applicable fee authorising the person in whose favour the receipt is issued to drive one or more classes of motor vehicle;
[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] escort vehicle means a vehicle that is being used –
(a) to transport a police officer or an authorised officer; and
(b) to warn other road users of the presence of an oversize vehicle or combination;
[Section 3 Subsection (1) amended by No. 68 of 2007, s. 14, Applied:19 Dec 2007] [Section 3 Subsection (1) amended by No. 38 of 2017, s. 66, Applied:03 Dec 2018] [Section 3 Subsection (1) amended by No. 68 of 2007, s. 14, Applied:19 Dec 2007] [Section 3 Subsection (1) amended by No. 38 of 2017, s. 66, Applied:03 Dec 2018]
[Section 3 Subsection (1) amended by No. 69 of 2001, s. 4, Applied:10 Dec 2001] excessive speeding offence means a speeding offence where the prescribed speed limit is exceeded by 38km/h or more;
foreign driver licence means a licence –
(a) issued under the law of a foreign country; and
(b) held by an international visitor who is ordinarily resident in that country; and
(c) authorising the holder of the licence to drive a motor vehicle in that country;
full licence means an Australian driver licence that is neither a learner licence nor a provisional licence;
goods means any object, material or substance and includes an animal or a bird;
[Section 3 Subsection (1) amended by No. 22 of 2001, s. 4, Applied:01 Nov 2001]
[Section 3 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] GCM for a motor vehicle, also known as the gross combination mass for a motor vehicle, means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may be towed by it at the same time –
(a) as specified on the RAV for that vehicle; or
(b) if it is not specified on the RAV, as specified by the vehicle’s manufacturer on an identification plate on the vehicle; or
(c) if it is not specified on the RAV or an identification plate, or if the specification is not appropriate because the motor vehicle has been modified, as certified by a vehicle registration authority;
[Section 3 Subsection (1) amended by No. 38 of 2010, s. 6, Applied:14 Dec 2010] [Section 3 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021]
[Section 3 Subsection (1) amended by No. 22 of 2001, s. 4, Applied:01 Nov 2001] [Section 3 Subsection (1) amended by No. 38 of 2010, s. 6, Applied:14 Dec 2010] [Section 3 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] GVM for a vehicle, also known as the gross vehicle mass for a vehicle, means the maximum loaded mass of the vehicle –
(a) as specified on the RAV for that vehicle; or
(b) if it is not specified on the RAV, as specified by the vehicle’s manufacturer on an identification plate on the vehicle; or
(c) if it is not specified on the RAV or an identification plate, or if the specification is not appropriate because the vehicle has been modified, as certified by a vehicle registration authority;
[Section 3 Subsection (1) amended by No. 30 of 2013, Sched. 1, Applied:10 Feb 2014]
[Section 3 Subsection (1) amended by No. 30 of 2013, Sched. 1, Applied:10 Feb 2014] heavy vehicle has the same meaning as in the Heavy Vehicle National Law (Tasmania) Act 2013 ;
[Section 3 Subsection (1) amended by No. 5 of 2017, s. 4, Applied:01 Jun 2017] hire and drive vehicle means a motor vehicle that is used to operate a hire and drive passenger service, within the meaning of the Passenger Transport Services Act 2011 ;
[Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] identification number means –
(a) a VIN; or
(b) a chassis number on a vehicle; or
(c) an engine number on a vehicle;
[Section 3 Subsection (1) amended by No. 22 of 2001, s. 4, Applied:01 Nov 2001] [Section 3 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] identification plate means a plate placed on a vehicle, authorised to be placed on a vehicle or taken to have been placed on a vehicle, under the MVSA;
international driving permit means a permit issued by –
(a) a competent authority of a Contracting State or a subdivision of such a State; or
(b) an association duly empowered by such an authority –
in accordance with the United Nations Convention on Road Traffic, Geneva, 1949;
international visitor means a person who –
(a) is ordinarily resident in a foreign country; and
(b) is not a permanent resident of Australia;
learner licence means a driver licence issued under this Act, or a licence or permit issued under a corresponding law, authorising a person to drive a motor vehicle for the purpose of learning to drive, or demonstrating capacity to drive, a motor vehicle of a particular class;
light vehicle means a motor vehicle or a trailer that is not a heavy vehicle;
manufacturer includes a manufacturer's agent;
[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] mass includes weight;
medical examination includes an examination to determine mental fitness to drive a motor vehicle;
[Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010]
motor bike means a motor vehicle that runs on 2 wheels and, if a side-car supported by a third wheel is attached, includes the attached side-car;
motor cycle means a motor bike or a motor trike;
motor tax means tax imposed under Part 5;
motor trike means a motor vehicle that –
(a) runs on 3 wheels symmetrically arranged in relation to the vehicle's longitudinal median axis; and
(b) is constructed and controlled like a motor bike;
motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle but does not include –
(a) an aircraft; or
(b) a motor vehicle that travels only on a railway, tramway or other fixed track; or
(c) [Section 3 Subsection (1) amended by No. 17 of 2023, s. 6, Applied:01 Jul 2024] [Section 3 Subsection (1) amended by No. 17 of 2023, s. 6, Applied:01 Jul 2024] a pedal cycle with an electrically powered auxiliary motor (or motors) with a power output (or combined power output) of not more than 200 watts or such other wattage as is prescribed; or
(ca) [Section 3 Subsection (1) amended by No. 8 of 2014, s. 4, Applied:11 Sep 2014] a power-assisted pedal cycle within the meaning of the relevant ADR; or
(d) a self-propelled lawn or grass mower constructed and used solely for mowing lawn or grass that is not capable of travelling at a speed of more than 10 kilometres an hour; or
(e) a self-propelled wheelchair that is not capable of travelling at a speed of more than 10 kilometres an hour; or
(f) a self-propelled vehicle –
(i) not capable of travelling at a speed of more than 10 kilometres an hour; and
(ii) designed for off-road work in construction, maintenance or warehouse operation; and
(iii) [Section 3 Subsection (1) amended by No. 104 of 2001, s. 20, Applied:01 Jan 2002] only used on a public street for the purpose of loading or unloading another vehicle, loading or unloading the vehicle onto another vehicle or manoeuvring at a work site; or
(g) a vehicle of a class excluded by regulation from the ambit of this definition;
[Section 3 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] MVSA means the Motor Vehicle Standards Act 1989 of the Commonwealth, as in force immediately before its repeal;
national schedule of demerit points means the part of the demerit points schedule set apart as the national schedule of demerit points;
nominated configuration for a heavy vehicle, means the configuration nominated by the registered operator (or the applicant for registration) as the configuration in which the vehicle will be operated for the registration period;
[Section 3 Subsection (1) amended by No. 10 of 2008, s. 4, Applied:25 Aug 2008] novice driver means a person who has never held –
(a) a full licence in relation to a motor vehicle; or
(b) a foreign driver licence equivalent to a full licence in relation to a motor vehicle;
[Section 3 Subsection (1) amended by No. 10 of 2008, s. 4, Applied:25 Aug 2008] novice licensing stage means any of the novice licensing stages prescribed in the regulations that a novice driver or novice rider is required to complete before obtaining a full licence;
[Section 3 Subsection (1) amended by No. 10 of 2008, s. 4, Applied:25 Aug 2008] novice rider means a person who has never held –
(a) a full licence in relation to a motor cycle; or
(b) a foreign driver licence equivalent to a full licence in relation to a motor cycle;
[Section 3 Subsection (1) amended by No. 5 of 2017, s. 4, Applied:01 Jun 2017] offensive advertising notice, in relation to a vehicle, means a notice, served under section 33(2) on the registered operator of the vehicle, that has not been revoked under section 33(4) ;
[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] overmass means having a mass, including any load, that exceeds a prescribed mass limit under this Act;
[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] oversize means having a dimension, including any load, that exceeds a prescribed dimension limit under this Act;
passenger vehicle means a vehicle designed and constructed primarily for the carriage of passengers;
[Section 3 Subsection (1) amended by No. 38 of 2010, s. 6, Applied:14 Dec 2010] personalised number plate means a number plate issued by the Registrar that –
(a) contains a specific registration number; or
(b) does not meet the specifications of a number plate that is generally issued under this Act on payment of the basic fee prescribed for the issue of number plates;
[Section 3 Subsection (1) amended by No. 7 of 2002, s. 8, Applied:01 Nov 2002] photograph includes any visual representation derived from a photographic image or process, including a digitalised electronic or computer-generated image or process;
[Section 3 Subsection (1) amended by No. 7 of 2002, s. 8, Applied:01 Nov 2002] photographic detection device means a device, or a device of a kind, specified in a declaration under section 56D ;
[Section 3 Subsection (1) amended by No. 104 of 2001, s. 20, Applied:01 Jan 2002] [Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004]
[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] pilot vehicle means a vehicle that –
(a) is being used to warn other road users of the presence of an oversize vehicle or combination; and
(b) is not an escort vehicle;
[Section 3 Subsection (1) amended by No. 27 of 2022, s. 4, Applied:23 Jun 2023] portable device includes, but is not limited to –
(a) a mobile phone; and
(b) another device, or item, that is prescribed for the purposes of this definition;
[Section 3 Subsection (1) amended by No. 27 of 2022, s. 4, Applied:23 Jun 2023] portable device offence means an offence under the Traffic Act 1925 of a driver or rider –
(a) operating a portable device while the display of the device is visible to the driver or rider; or
(b) holding a portable device; or
(c) having a portable device resting on the body of, or the clothing being worn by, the driver or rider; or
(d) intentionally looking at the display of a portable device being operated by another person; or
(e) performing, or failing to perform, a prescribed action in respect of a portable device;
prime mover means a motor vehicle designed and constructed to tow a semi-trailer;
probationary licence means a driver licence issued as a probationary licence –
(a) to a person who applies for a driver licence following a period of disqualification from driving ordered by an Australian court; or
(ab) [Section 3 Subsection (1) amended by No. 33 of 2017, s. 4, Applied:01 Jan 2018] to a person who applies for a driver licence in prescribed circumstances; or
(ac) [Section 3 Subsection (1) amended by No. 33 of 2017, s. 4, Applied:01 Jan 2018] to a person who has completed a period of suspension, or disqualification, in prescribed circumstances; or
(b) to replace an equivalent licence issued under a corresponding law;
provisional licence means –
(a) a driver licence issued under this Act as a provisional licence; or
(b) an equivalent licence issued under a corresponding law;
[Section 3 Subsection (1) amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013]
[Section 3 Subsection (1) amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013] public passenger vehicle means, except as the regulations or any of the regulations may otherwise provide, a motor vehicle that is –
(a) used to operate a regular passenger service within the meaning of the Passenger Transport Services Act 2011 ; or
(b) used to operate a passenger service, within the meaning of the Passenger Transport Services Act 2011 , having the following characteristics:
(i) the passenger service is a transport concern within the meaning of that Act;
(ii) the passenger service is available for use by any member of the general public;
(iii) the passengers, or any of them, have to pay a fare within the meaning of that Act;
[Section 3 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] RAV means the Register of Approved Vehicles kept under section 14(1) of the RVSA;
[Section 3 Subsection (1) amended by No. 68 of 2001, s. 4, Applied:01 Dec 2001] [Section 3 Subsection (1) amended by No. 27 of 2022, s. 4, Applied:23 Jun 2023] red light offence means an offence, under the Traffic Act 1925 , of a driver or rider entering an intersection contrary to a red traffic light or red traffic arrow;
register means a register kept under this Act;
[Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010]
[Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] registered health care practitioner means –
(a) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; and
(b) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the optometry profession; and
(c) an occupational therapist registered or licensed as such under the law of a State or Territory;
registered operator of a motor vehicle or a trailer means –
(a) the person recorded in the register of motor vehicles and trailers as the person responsible for it; or
(b) if the registration of a motor vehicle or a trailer has expired, or been cancelled, the person last recorded as the registered operator unless that person has notified the Registrar that he or she is no longer responsible for the motor vehicle or trailer;
Registrar means the Registrar of Motor Vehicles;
registration number includes a number, letter, series of numbers or letters or combination of numbers and letters;
[Section 3 Subsection (1) amended by No. 27 of 2022, s. 4, Applied:23 Jun 2023] registration offence means one of the following offences:
(a) an offence under section 27 , 31 , 32 or 32A ;
(b) an offence prescribed for the purposes of this definition;
[Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] regulations means the regulations made and in force under section 45 ;
[Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] repairable write-off has the meaning given by section 3A ;
restricted driver licence means a driver licence issued by order of an Australian court subject to conditions limiting the circumstances in which the driver is authorised to drive a motor vehicle;
[Section 3 Subsection (1) amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013] restricted hire vehicle has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008 ;
rigid for a motor vehicle, means it is not articulated;
[Section 3 Subsection (1) amended by No. 38 of 2017, s. 66, Applied:03 Dec 2018] road safety disqualification notice has the same meaning as in the Road Safety (Alcohol and Drugs) Act 1970 ;
[Section 3 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] RVSA means the Road Vehicle Standards Act 2018 of the Commonwealth;
schedule of local demerit points offences means the part of the demerit points schedule set apart for demerit points offences that are included in neither the national schedule of demerit points nor the schedule of recognised interstate demerit points offences;
schedule of recognised interstate demerit points offences means the part of the demerit points schedule set apart for demerit points offences under a corresponding law that are recognised under the regulations;
[Section 3 Subsection (1) amended by No. 27 of 2022, s. 4, Applied:23 Jun 2023] seatbelt offence means an offence under the Traffic Act 1925 of a driver or rider –
(a) failing to wear a properly adjusted or fastened seatbelt; or
(b) failing to ensure that a passenger is restrained as required; or
(c) performing, or failing to perform, a prescribed action in respect of the restraint of a person in a vehicle;
semi-trailer means a trailer (including a pole-type trailer) that has –
(a) one axle group or single axle towards the rear; and
(b) a means of attachment to a prime mover that would result in some of the load being imposed on the prime mover;
[Section 3 Subsection (1) amended by No. 104 of 2001, s. 20, Applied:01 Jan 2002] senior police officer means –
(a) the Commissioner of Police; or
(b) the Deputy Commissioner, or an Assistant Commissioner, of Police; or
(c) a police officer of or above the rank of inspector;
short term unregistered vehicle permit means a permit authorising the use, on a temporary basis, of an unregistered vehicle on public streets, or a particular public street;
[Section 3 Subsection (1) amended by No. 38 of 2010, s. 6, Applied:14 Dec 2010] specific registration number means a combination of numbers or of letters, or of numbers and letters, that is requested as the registration number to be issued on a number plate;
[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] [Section 3 Subsection (1) amended by No. 30 of 2013, Sched. 1, Applied:10 Feb 2014] [Section 3 Subsection (1) amended by No. 48 of 2000, s. 4, Applied:01 Oct 2000] [Section 3 Subsection (1) amended by No. 68 of 2001, s. 4, Applied:01 Dec 2001] [Section 3 Subsection (1) amended by No. 104 of 2001, s. 20, Applied:01 Jan 2002]
[Section 3 Subsection (1) amended by No. 104 of 2001, s. 20, Applied:01 Jan 2002] [Section 3 Subsection (1) amended by No. 27 of 2022, s. 4, Applied:23 Jun 2023] speeding offence means an offence under the Traffic Act 1925 of a driver or rider exceeding –
(a) [Section 3 Subsection (1) amended by No. 27 of 2022, s. 4, Applied:23 Jun 2023] [Section 3 Subsection (1) amended by No. 27 of 2022, s. 4, Applied:23 Jun 2023] the prescribed speed-limit applying to the driver or rider for the length of road where the driver or rider is driving; or
(b) [Section 3 Subsection (1) amended by No. 27 of 2022, s. 4, Applied:23 Jun 2023] the prescribed speed-limit applying to the driver or rider in particular circumstances;
[Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] statutory write-off has the meaning given by section 3A ;
temporary upgrade permit means a permit to use a registered motor vehicle in a combination that is not consistent with its nominated configuration;
[Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] total loss means a vehicle that –
(a) is damaged by collision, fire, flood, accident, trespass, dismantling, demolition or other event to the extent that its fair salvage value plus the cost of repairing the vehicle for use on a public street would be more than the fair market value of the vehicle immediately before the event that caused the damage; or
(b) has been stolen and not recovered; or
(c) is of a class of vehicle prescribed by the regulations to be a total loss;
trade plate means a number plate authorising the use, on a temporary basis, of an unregistered vehicle to which the number plate is attached for the purposes of a trade or business;
[Section 3 Subsection (1) amended by No. 30 of 2013, Sched. 1, Applied:10 Feb 2014] traffic offence means an offence against this Act or the Heavy Vehicle National Law (Tasmania) Act 2013 involving the driving or use of a motor vehicle or a trailer;
trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle but does not include –
(a) a trailer that travels only on a railway, tramway or other fixed track; or
(b) a motor vehicle that is being towed; or
(c) a motor bike side-car; or
(d) a vehicle excluded by regulation from the ambit of this definition;
truck means a rigid motor vehicle that is designed and constructed to carry goods;
[Section 3 Subsection (1) amended by No. 10 of 2008, s. 4, Applied:25 Aug 2008] unaccompanied driver offence means an offence prescribed in the regulations as an unaccompanied driver offence;
use of a motor vehicle or a trailer on a public street includes driving it on a public street and a person who parks or stops a motor vehicle or a trailer on a public street is taken to be using the vehicle on the public street while the vehicle remains parked or stationary (whether or not the person remains on, or in the vicinity of, the vehicle);
vehicle means a motor vehicle or a trailer;
[Section 3 Subsection (1) amended by No. 22 of 2001, s. 4, Applied:01 Nov 2001] vehicle registration authority means –
(a) the Registrar; or
(b) the authority responsible for registering vehicles under a corresponding law;
[Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] VIN means a vehicle identification number allocated to a vehicle in accordance with the relevant ADR;
[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] weighing device means a weighbridge or a portable weighing device;
[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] wheelchair means a vehicle consisting of a chair mounted on 2 or more wheels, or a vehicle of a prescribed kind, constructed to transport a person who is unable to walk or has difficulty in walking but does not include a pram, stroller or trolley;
[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] [Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] wheel load means the mass transmitted to a road by the tyre of a vehicle wheel;
[Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] written-off vehicle means a statutory write-off or a repairable write-off.
(2) This Act is to be read together with the Traffic Act 1925 as a single Act and accordingly –
(a) words and expressions used in this Act that are defined under the Traffic Act 1925 (and not in this Act) have, unless the contrary intention appears, the same respective meanings; and
(b) a reference to "this Act" extends, unless the contrary intention appears, to both Acts.
[Section 3A Inserted by No. 29 of 2002, s. 5, Applied:21 Oct 2002]
(1) In this Act –
repairable write-off means a vehicle that is not a statutory write-off but has been assessed by a prescribed person in Tasmania, another State or a Territory as a total loss;
[Section 3A Subsection (1) amended by No. 17 of 2013, s. 4, Applied:20 Jun 2013]
[Section 3A Subsection (1) amended by No. 17 of 2013, s. 4, Applied:20 Jun 2013] statutory write-off means a vehicle that –
(a) has been assessed by a prescribed person in Tasmania, another State or a Territory as a total loss; and
(b) has been assessed by a prescribed person in Tasmania, another State or a Territory as only suitable for dismantling and processing as scrap; and
(c) has been assessed and classified, or deemed, to be a statutory write-off in accordance with the Technical Guide by a prescribed person in Tasmania, another State or a Territory;
[Section 3A Subsection (1) amended by No. 17 of 2013, s. 4, Applied:20 Jun 2013] Technical Guide means the Damage Assessment Criteria for the Classification of Statutory Write-Offs approved by Austroads Ltd (ABN 16 245 787 323) on 25 May 2011, as amended or substituted from time to time.
(2) [Section 3A Subsection (2) amended by No. 17 of 2013, s. 4, Applied:20 Jun 2013] Despite subsection (1) , a vehicle is only a repairable write-off if the vehicle is assessed as a total loss not later than the end of the month which is the fifteenth anniversary of its date of manufacture, within the meaning of the relevant ADR.
(3) [Section 3A Subsection (3) inserted by No. 17 of 2013, s. 4, Applied:20 Jun 2013] For the avoidance of doubt, it is declared that if a damaged vehicle has been assessed as a repairable write-off before the commencement of the Vehicle and Traffic Amendment (Written-off Vehicles) Act 2013 –
(a) that assessment continues to have effect after that commencement; and
(b) that vehicle, as so damaged, may not be reassessed as a statutory write-off after that commencement.
(1) This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
(2) Nothing in this Act makes the Crown liable to be prosecuted for an offence.
[Part 2 Heading amended by No. 71 of 2001, s. 5, Applied:01 Jan 2002]
[Section 5 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 5 Substituted by No. 37 of 2019, s. 4, Applied:04 Nov 2019]
(1) The Minister may appoint to be the Registrar of Motor Vehicles a person who is a State Service officer or State Service employee.
(2) The Registrar may hold that office in conjunction with State Service employment.
(3) A person who, immediately before the commencement of the Vehicle and Traffic Amendment Act 2019 , held the office of Registrar continues to hold that office on the same terms and conditions as set out in his or her instrument of appointment.
The Registrar is responsible for the administration of the provisions of this Act relating to –
(a) driver licensing and regulation of the drivers of motor vehicles; and
(b) vehicle registration and regulation of the use of motor vehicles and trailers on public streets; and
(c) [Section 6 Amended by No. 22 of 2001, s. 5, Applied:01 Nov 2001] the imposition and recovery of tax on motor vehicles and trailers; and
(d) [Section 6 Amended by No. 22 of 2001, s. 5, Applied:01 Nov 2001] vehicle standards.
(1) [Section 7 Subsection (1) amended by No. 31 of 2002, s. 13, Applied:14 Nov 2002] The Registrar may delegate any of the Registrar's powers or functions under this or any other Act.
(2) The Registrar may enter into an agreement with a delegate or proposed delegate about –
(a) the remuneration of the delegate; and
(b) other matters incidental to the exercise of delegated powers or functions by the delegate.
[Section 7A of Part 2 Inserted by No. 71 of 2001, s. 7, Applied:01 Jan 2002] The Commission is responsible for the administration of the provisions of this Act relating to vehicle operations.
(1) A person must not drive a motor vehicle on a public street unless the person –
(a) holds a driver licence under this Act authorising the person to drive a motor vehicle of the relevant class; or
(b) is exempt, under subsection (2) , from the requirement to hold a driver licence under this Act authorising the person to drive a motor vehicle of the relevant class; or
(c) is exempted by the regulations from the requirement to hold a driver licence authorising the person to drive a motor vehicle of the relevant class.
Penalty: In the case of –
(a) a first offence – a fine not exceeding 20 penalty units; and
(b) a second or subsequent offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.
(2) Subject to the regulations, a person is exempt from the requirement to hold a driver licence under this Act authorising the person to drive a motor vehicle of a particular class –
(a) if the person holds an Australian driver licence issued under a corresponding law authorising the person to drive motor vehicles of the relevant class; and
(b) if the person is an international visitor who holds a foreign driver licence authorising the visitor to drive motor vehicles of the relevant class in the foreign country in which the licence was issued and either –
(i) the foreign driver licence is in English or accompanied by an English translation made by the authority that issued the licence or a person accredited to translate from the relevant language into English; or
(ii) the person also holds an international driving permit.
(3) A person must not employ, cause or permit another to drive a motor vehicle on a public street contrary to this section.
Penalty: In the case of –
(a) a first offence – a fine not exceeding 20 penalty units; and
(b) a second or subsequent offence –
(i) for a body corporate – a fine not exceeding 200 penalty units; and
(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.
(4) It is a defence to a charge of an offence against subsection (3) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was driving contrary to this section.
(1) A person must not drive a motor vehicle on a public street while the person's Australian driver licence or foreign driver licence is under suspension.
Penalty: In the case of –
(a) a first offence – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and
(b) a second or subsequent offence – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months.
(2) A person must not employ, cause or permit another to drive a motor vehicle on a public street if the other person's Australian driver licence or foreign driver licence is under suspension.
Penalty: In the case of –
(a) a first offence –
(i) for a body corporate – a fine not exceeding 150 penalty units; and
(ii) for an individual – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and
(b) a second or subsequent offence –
(i) for a body corporate – a fine not exceeding 300 penalty units; and
(ii) for an individual – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months.
(3) It is a defence to a charge of an offence against subsection (2) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver's Australian driver licence or foreign driver licence was under suspension.
(4) This section does not apply if –
(a) the driver holds a restricted driver licence and drives as authorised by that licence; or
(b) [Section 9 Subsection (4) amended by No. 69 of 2001, s. 5, Applied:10 Dec 2001] the driver is disqualified from driving by –
(i) an Australian court under an Act of this or any other State or a Territory; or
(ii) an automatic statutory penalty.
(1) A person is eligible to hold a driver licence of a particular class if the person –
(a) is a natural person resident in Tasmania; and
(b) either –
(i) complies with the eligibility criteria for a driver licence of the relevant class prescribed by the regulations; or
(ii) is eligible to hold a driver licence of the relevant class under the principle of mutual recognition.
(2) A person is eligible to hold a driver licence of a particular class under the principle of mutual recognition if the person holds an Australian driver licence of the corresponding class issued under a corresponding law.
(1) The Registrar must issue a driver licence of a particular class to an applicant for the licence who –
(a) makes an application for the licence in accordance with the regulations; and
(b) satisfies the Registrar that he or she is eligible to hold the licence.
(2) The Registrar may issue a driver licence on conditions the Registrar considers appropriate.
(3) If –
(a) an applicant is eligible to hold a driver licence of a particular class under the principle of mutual recognition; and
(b) the applicant's Australian driver licence issued under a corresponding law is subject to conditions –
the driver licence under this Act must be issued on the same conditions unless the conditions are incapable of application in Tasmania.
(4) If a condition is incapable of application in Tasmania, a driver licence may be issued under this Act subject to a condition for the same general purpose that is capable of application in Tasmania.
(1) The holder of a driver licence issued under this Act must comply with the conditions of the licence.
Penalty: In the case of –
(a) a first offence – a fine not exceeding 20 penalty units; and
(b) a second or subsequent offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.
(2) The holder of an Australian driver licence issued under a corresponding law must, while in Tasmania, comply with the conditions of the licence (other than conditions that are incapable of application in Tasmania).
Penalty: In the case of –
(a) a first offence – a fine not exceeding 20 penalty units; and
(b) a second or subsequent offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.
(3) The holder of a foreign driver licence must, while in Tasmania, comply with the conditions of the licence (other than conditions that are incapable of application in Tasmania).
Penalty: In the case of –
(a) a first offence – a fine not exceeding 20 penalty units; and
(b) a second or subsequent offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.
(4) A person must not employ, cause or permit another to drive a motor vehicle on a public street in breach of a condition of a driver licence issued under this Act, an Australian driver licence issued under a corresponding law or a foreign driver licence.
Penalty: In the case of –
(a) a first offence – a fine not exceeding 20 penalty units; and
(b) a second or subsequent offence –
(i) for a body corporate – a fine not exceeding 200 penalty units; and
(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.
(5) It is a defence to a charge of an offence against subsection (4) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was driving in breach of a condition of a driver licence issued under this Act, an Australian driver licence issued under a corresponding law or a foreign driver licence.
(1) [Section 13 Subsection (1) substituted by No. 69 of 2001, s. 6, Applied:10 Dec 2001] A person must not drive a motor vehicle on a public street in Tasmania if the person is disqualified from driving by –
(a) an Australian court under an Act of this or any other State or a Territory; or
(b) an automatic statutory penalty.
Penalty: In the case of –
(a) a first offence –
(i) a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and
(ii) a further period of disqualification, not exceeding 3 years, fixed by the court; and
(b) a second or subsequent offence –
(i) a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both; and
(ii) a further period of disqualification, not exceeding 5 years, fixed by the court.
(2) Subsection (1) does not apply to –
(a) a person who drives a motor vehicle as authorised by a restricted driver licence; or
(b) a person who drives a motor vehicle while subject to a disqualification imposed under the Road Safety (Alcohol and Drugs) Act 1970 .
(3) A police officer who has reasonable grounds to suspect that a person has committed an offence against subsection (1) may exercise either or both of the following powers:
(a) arrest the person without warrant;
(b) impound the vehicle driven by the person and have it removed to a convenient place for safe-keeping.
(4) A person entitled to possession of an impounded vehicle may collect the vehicle, or have it collected, from the place to which it has been removed for safe-keeping on payment of the reasonable cost of impounding and removing the vehicle and of its safe-keeping.
(5) A court may, on convicting a person of an offence against subsection (1) , order the convicted person to pay the reasonable cost of impounding and removing the vehicle and of its safe-keeping.
(6) A person must not employ, cause or permit another to drive a motor vehicle on a public street if the other person is disqualified from driving.
Penalty: In the case of –
(a) a first offence –
(i) for a body corporate – a fine not exceeding 200 penalty units; and
(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and
(b) a second or subsequent offence –
(i) for a body corporate – a fine not exceeding 400 penalty units; and
(ii) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both.
(7) It is a defence to a charge of an offence against subsection (6) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was disqualified from driving.
[Section 13B of Part 3 Inserted by No. 10 of 2008, s. 5, Applied:25 Aug 2008]
(1) If a novice driver or novice rider –
(a) [Section 13B Subsection (1) amended by No. 33 of 2017, s. 7, Applied:01 Jan 2018] commits a prescribed offence before completing the first continuous 12-month period for which he or she is required to hold a provisional licence; and
(b) is subsequently convicted of that offence –
that person is to recommence the relevant provisional period, or that period is to be extended, as prescribed by the regulations.
(2) [Section 13B Subsection (2) omitted by No. 33 of 2017, s. 7, Applied:01 Jan 2018] . . . . . . . .
(1) Subject to the regulations, a person must not provide driving instruction for reward unless the person –
(a) holds an Australian driver licence to drive a motor vehicle of the relevant class; and
(b) holds an ancillary certificate authorising the person to provide the driving instruction for reward.
Penalty:
(a) if the person was, at the time of the offence, disqualified from holding or obtaining an ancillary certificate in driving instruction –
(i) for a first offence - a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both, plus a further period of disqualification of 6 months; and
(ii) for a second or subsequent offence – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both, plus a further period of disqualification of 12 months; or
(b) if the person held an ancillary certificate in driving instruction that was, at the time of the offence, under suspension –
(i) for a first offence - a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months, plus disqualification for a period of 6 months from holding or obtaining such a certificate; and
(ii) for a second or subsequent offence - a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months, plus disqualification for a period of 12 months from holding or obtaining such a certificate; or
(c) in any other case –
(i) for a first offence - a fine not exceeding 20 penalty units; and
(ii) for a second or subsequent offence - a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months, plus disqualification for a period of 6 months from holding or obtaining such a certificate.
(1A) [Section 14 Subsection (1A) inserted by No. 19 of 2007, s. 8, Applied:01 Aug 2007] Notwithstanding subsection (1) , the regulations may provide that a person or class of persons specified in the regulations be exempted, subject to such conditions, and until such date, as may be specified in the regulations, from the requirement to hold an ancillary certificate referred to in subsection (1)(b) .
(2) A person must not employ, cause or permit another to act as a driving instructor in a business in the course of which driving instruction is provided for reward if the other person is providing the driving instruction contrary to this section.
| Penalty: | | (a) if the driving instructor was, at the time of the offence, disqualified from holding or obtaining an ancillary certificate in driving instruction – | | (i) for a first offence – | | (ia) for a body corporate – a fine not exceeding 200 penalty units; and | | (ib) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and | | (ii) for a second or subsequent offence – | | (iia) for a body corporate – a fine not exceeding 400 penalty units; and | | (iib) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both; or | | (b) if the driving instructor's ancillary certificate was, at the time of the offence, under suspension – | | (i) for a first offence – | | (ia) for a body corporate – a fine not exceeding 150 penalty units; and | | (ib) for an individual – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and | | (ii) for a second or subsequent offence – | | (iia) for a body corporate – a fine not exceeding 300 penalty units; and | | (iib) for an individual – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months; or | | (c) in any other case – | | (i) for a first offence – a fine not exceeding 20 penalty units; and | | (ii) for a second or subsequent offence – | | (iia) for a body corporate – a fine not exceeding 200 penalty units; and | | (iib) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months. |
(3) It is a defence to a charge of an offence against subsection (2) to prove that the defendant did not know, and could not reasonably be expected to have known, that the instructor was providing driving instruction contrary to this section.
(4) A person must not use, or permit the use of, a motor vehicle for providing driving instruction for reward unless the vehicle complies with the requirements of the regulations for vehicles used for that purpose.
Penalty: In the case of –
(a) a first offence – a fine not exceeding 20 penalty units; and
(b) a second or subsequent offence –
(i) for a body corporate – a fine not exceeding 200 penalty units; and
(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.
(1) [Section 15 Subsection (1) amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013] Subject to the regulations, a person must not drive a public passenger vehicle unless the person –
(a) holds an Australian driver licence to drive a motor vehicle of the relevant class; and
(b) [Section 15 Subsection (1) amended by No. 41 of 2000, s. 4, Applied:14 Aug 2000] holds an ancillary certificate authorising the person to drive a public passenger vehicle of the relevant class.
Penalty:
(a) if the person was, at the time of the offence, disqualified from holding or obtaining an ancillary certificate for driving public passenger vehicles –
(i) for a first offence - a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both, plus a further period of disqualification of 6 months; and
(ii) for a second or subsequent offence– a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both, plus a further period of disqualification of 12 months; or
(b) if the person held an ancillary certificate for driving public passenger vehicles that was, at the time of the offence, under suspension –
(i) for a first offence - a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months, plus disqualification for a period of 6 months from holding or obtaining such a certificate; and
(ii) for a second or subsequent offence - a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months, plus disqualification for a period of 12 months from holding or obtaining such a certificate; or
(c) in any other case –
(i) for a first offence - a fine not exceeding 20 penalty units; and
(ii) for a second or subsequent offence - a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months, plus disqualification for a period of 6 months from holding or obtaining such a certificate.
(1A) [Section 15 Subsection (1A) inserted by No. 19 of 2007, s. 9, Applied:01 Aug 2007] Notwithstanding subsection (1) , the regulations may provide that a person or class of persons specified in the regulations be exempted, subject to such conditions, and until such date, as may be specified in the regulations, from the requirement to hold an ancillary certificate referred to in subsection (1)(b) .
(2) A person must not employ, cause or permit another to drive a public passenger vehicle contrary to this section.
| Penalty: | | (a) if the driver was, at the time of the offence, disqualified from holding or obtaining an ancillary certificate for driving public passenger vehicles – | | (i) for a first offence – | | (ia) for a body corporate – a fine not exceeding 200 penalty units; and | | (ib) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and | | (ii) for a second or subsequent offence – | | (iia) for a body corporate – a fine not exceeding 400 penalty units; and | | (iib) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both; or | | (b) if the driver's ancillary certificate was, at the time of the offence, under suspension – | | (i) for a first offence – | | (ia) for a body corporate – a fine not exceeding 150 penalty units; and | | (ib) for an individual – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and | | (ii) for a second or subsequent offence – | | (iia) for a body corporate – a fine not exceeding 300 penalty units; and | | (iib) for an individual – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months; or | | (c) in any other case – | | (i) for a first offence – a fine not exceeding 20 penalty units; and | | (ii) for a second or subsequent offence – | | (iia) for a body corporate – a fine not exceeding 200 penalty units; and | | (iib) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months. |
(3) It is a defence to a charge of an offence against subsection (2) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was driving a public passenger vehicle contrary to this section.
(1) The holder of an ancillary certificate must comply with the conditions of the certificate.
Penalty: In the case of –
(a) a first offence – a fine not exceeding 20 penalty units; and
(b) a second or subsequent offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.
(2) [Section 16 Subsection (2) omitted by No. 41 of 2000, s. 5, Applied:14 Aug 2000] . . . . . . . .
(3) [Section 16 Subsection (3) amended by No. 41 of 2000, s. 5, Applied:14 Aug 2000] A person must not employ, cause or permit another to provide driving instruction for reward, or to drive a public passenger vehicle, contrary to a condition of an ancillary certificate.
Penalty: In the case of –
(a) a first offence– a fine not exceeding 20 penalty units; and
(b) a second or subsequent offence –
(i) for a body corporate– a fine not exceeding 200 penalty units; and
(ii) for an individual– a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.
(4) [Section 16 Subsection (4) amended by No. 41 of 2000, s. 5, Applied:14 Aug 2000] It is a defence to a charge of an offence against subsection (3) to prove that the defendant did not know, and could not reasonably be expected to have known, that the other person was acting contrary to a condition of an ancillary certificate.
(1) [Section 17 Subsection (1) amended by No. 10 of 2008, s. 6, Applied:25 Aug 2008] [Section 17 Subsection (1) substituted by No. 69 of 2001, s. 7, Applied:10 Dec 2001] Subject to sections 19B and 19E , a court that convicts a person of a traffic offence may disqualify the person from driving for a period specified by the court.
(2) Subject to subsection (3) , if a disqualification is imposed under this or any other Act against the holder of an Australian driver licence, the court must either suspend or cancel the licence as follows:
(a) [Section 17 Subsection (2) amended by No. 69 of 2001, s. 7, Applied:10 Dec 2001] if the disqualification is for 4 months or less, the licence is to be suspended;
(b) [Section 17 Subsection (2) amended by No. 69 of 2001, s. 7, Applied:10 Dec 2001] if the disqualification is for more than 4 months, the licence is to be cancelled.
(3) The court may, instead of cancelling a licence that is liable to cancellation under subsection (2) , suspend the licence if the court thinks there is good reason to do so.
(4) A disqualification imposed by a court under this or any other Act, and a related licence suspension or cancellation imposed by the court, takes effect as follows:
(a) if the convicted person is not subject to a current period of disqualification, licence suspension or ineligibility to hold a driver licence as a result of the accumulation of demerit points – at the time of the order or a later time fixed by the court;
(b) if the convicted person is subject to a current period of disqualification, licence suspension or ineligibility to hold a driver licence as a result of the accumulation of demerit points – at the end of that period unless the court fixes an earlier or later time.
(5) If a disqualification is imposed under this or any other Act on a person who is not present in court when the disqualification is imposed, the court must postpone the commencement of the disqualification (and the related licence suspension or cancellation) for a specified period of at least 10 days and, in that event, the disqualification (and the related licence suspension or cancellation) commences –
(a) at the end of that period; or
(b) [Section 17 Subsection (5) amended by No. 69 of 2001, s. 7, Applied:10 Dec 2001] if the person against whom the disqualification is imposed submits to the disqualification on an earlier day by returning the licence to the Registrar, on that earlier day.
(6) The court's powers under this section are in addition to other powers the court may have to punish or deal with the convicted person in other ways.
(1) A person whose Australian driver licence (other than a learner licence) is, or is liable to be, suspended or cancelled because of –
(a) an accumulation of demerit points; or
(b) [Section 18 Subsection (1) amended by No. 69 of 2001, s. 8, Applied:10 Dec 2001] a disqualification order made by an Australian court; or
(c) [Section 18 Subsection (1) amended by No. 69 of 2001, s. 8, Applied:10 Dec 2001] an automatic statutory penalty –
may, subject to subsection (2) , apply to a court of petty sessions for an order authorising the issue of a restricted driver licence subject to conditions as specified in the order.
(2) [Section 18 Subsection (2) amended by No. 68 of 2007, s. 15, Applied:19 Dec 2007] None of the following is entitled to apply for a restricted driver licence:
(a) a person whose Australian driver licence is, or is liable to be, suspended because of an accumulation of demerit points and who has, or had, the option of entering into an undertaking to be of good behaviour under the provisions of the demerit points scheme but did not take up, or proposes not to take up, that option;
(b) [Section 18 Subsection (2) amended by No. 68 of 2007, s. 15, Applied:19 Dec 2007] a person who, under section 25 , is subject or liable to a period of ineligibility to hold a driver licence because of an accumulation of demerit points;
(ba) [Section 18 Subsection (2) amended by No. 10 of 2008, s. 7, Applied:25 Aug 2008] [Section 18 Subsection (2) amended by No. 33 of 2017, s. 8, Applied:01 Jan 2018] . . . . . . . .
(c) [Section 18 Subsection (2) amended by No. 68 of 2007, s. 15, Applied:19 Dec 2007] [Section 18 Subsection (2) amended by No. 38 of 2017, s. 67, Applied:03 Dec 2018] a person who is disqualified from driving in accordance with a road safety disqualification notice.
(2A) [Section 18 Subsection (2A) inserted by No. 69 of 2001, s. 8, Applied:10 Dec 2001] If a person referred to in subsection (2)(a) is liable to be, or is, disqualified from driving pursuant to section 19A(1)(a) or section 19B(1)(a) , the bar contained in that subsection does not apply to the person before, or during, the period of disqualification.
(3) An application under this section –
(a) must be made in writing; and
(b) must state the name and residential address of the applicant and an address for the service of notices; and
(c) must state the applicant's Australian driver licence number or, if the applicant's Australian driver licence has been cancelled, the applicant's former Australian driver licence number; and
(d) must, as far as practicable, give details of all offences (against the law of Tasmania, another State or a Territory or a foreign country) involving the driving or use of a motor vehicle committed by the applicant (whether or not relevant to the suspension or disqualification) including the following:
(i) the date of commission;
(ii) [Section 18 Subsection (3) amended by No. 30 of 2013, Sched. 1, Applied:10 Feb 2014] the court by which, and the date on which, the applicant was convicted and particulars of penalties imposed or other orders made in respect of the offence or, if the offence was dealt with by –
(A) a traffic infringement notice, the traffic infringement notice number and the date on which it was lodged; or
(B) an infringement notice under the Heavy Vehicle National Law (Tasmania) Act 2013 , the infringement notice number and the date on which it was lodged; and
(e) must give details of the licence suspension or disqualification and state whether a licence suspension or disqualification has previously been imposed on the applicant and, if so, the period of the licence suspension or disqualification and the reasons for it; and
(f) must state the grounds on which the applicant asks for an order to be made under this section; and
(g) must contain details of the severe and unusual hardship that would be suffered by the applicant, or the applicant's dependants, if the application were refused (including a statement of available forms of transport and why they are not adequate for the needs of the applicant or the applicant's dependants); and
(h) must state the conditions on which the applicant asks the court to authorise the issue of a restricted driver licence; and
(i) must be verified by statutory declaration made by the applicant; and
(j) must be filed with the clerk of the court.
(4) At least 7 days before the application is to be heard by the court, the applicant must give a copy of the application to –
(a) the Registrar; and
(b) the officer in charge of the Police Prosecutions Branch nearest the court to which the application is made.
(5) The court may make an order authorising the issue of a restricted driver licence if the court is satisfied that –
(a) the licence suspension or disqualification is imposing, or will impose, severe and unusual hardship on the applicant or the applicant's dependants; and
(b) a restricted driver licence should be issued to mitigate or alleviate that hardship; and
(c) the issue of the restricted driver licence would not be contrary to the public interest.
(5A) [Section 18 Subsection (5A) inserted by No. 69 of 2001, s. 8, Applied:10 Dec 2001] If the applicant is a person who, but for subsection (2A) , would have been barred by subsection (2)(a) from making the application, the court must, by the order, provide that the restricted driver licence issued to the person will expire when the person's period of disqualification expires.
(6) The Registrar must, on application by a person in whose favour an order has been made under this section, issue a restricted driver licence to the applicant that conforms with the terms of the order.
(7) If the person in whose favour the order was made held an ancillary certificate authorising the holder to provide driving instruction or to drive a public passenger vehicle, the ancillary certificate is, subject to any order of the court to the contrary, restored for the period for which the restricted driver licence remains in force.
(8) A court of petty sessions may, on application by the holder of a restricted driver licence supported by the evidence the court considers necessary and appropriate in the circumstances, vary the terms or conditions of a restricted driver licence.
(9) A court that has dealt with, or is about to deal with, the holder of a restricted driver licence for an offence relating to the driving or use of a motor vehicle, or a court of petty sessions, may, on its own initiative or on application by the Registrar or a police officer, vary the terms or conditions of a restricted driver licence or revoke the licence.
(10) A person who holds a restricted driver licence must not drive a motor vehicle in breach of a condition imposed in accordance with an order of a court.
Penalty: In the case of –
(a) a first offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and
(b) a second or subsequent offence – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both.
(11) A person must not employ, cause or permit the holder of a restricted driver licence to drive a motor vehicle in breach of a condition of the licence.
Penalty: In the case of –
(a) a first offence –
(i) for a body corporate – a fine not exceeding 200 penalty units; and
(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and
(b) a second or subsequent offence –
(i) for a body corporate – a fine not exceeding 400 penalty units; and
(ii) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both.
(12) It is a defence to a charge of an offence against subsection (11) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was driving in breach of a condition of a restricted driver licence.
(13) [Section 18 Subsection (13) omitted by No. 33 of 2002, s. 4, Applied:01 Dec 2002] . . . . . . . .
(14) This section has effect subject to section 19 of the Road Safety (Alcohol and Drugs) Act 1970 .
(1) [Section 19 Subsection (1) substituted by No. 69 of 2001, s. 9, Applied:10 Dec 2001] If a person is disqualified from driving by a court or automatic statutory penalty of another Australian jurisdiction, or a person's driver licence is cancelled or suspended by such a court or penalty, the disqualification, cancellation or suspension is effective in Tasmania.
(2) [Section 19 Subsection (2) omitted by No. 69 of 2001, s. 9, Applied:10 Dec 2001] . . . . . . . .
(3) [Section 19 Subsection (3) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] If a court imposes a disqualification from driving against a person who holds a driver licence issued under this Act without also suspending or cancelling the driver licence –
(a) [Section 19 Subsection (3) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] the driver licence is, by force of this subsection, suspended if the disqualification is for 4 months or less; and
(b) [Section 19 Subsection (3) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] if the disqualification is for more than 4 months, the licence is, by force of this subsection, cancelled.
(4) If –
(a) [Section 19 Subsection (4) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] a person is disqualified from driving by a court or automatic statutory penalty of another Australian jurisdiction, or a person's driver licence is cancelled or suspended by such a court or penalty; and
(b) [Section 19 Subsection (4) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] immediately before the court's order or automatic statutory penalty takes or, if applicable, took effect, the person –
(i) [Section 19 Subsection (4) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] holds or, if applicable, held a driver licence issued under this Act; or
(ii) [Section 19 Subsection (4) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] is or, if applicable, was a resident of Tasmania not holding an Australian driver licence; and
(c) the Registrar is notified of the disqualification, cancellation or suspension by the driver licensing authority under a corresponding law –
the Registrar must record relevant details in the register.
(5) Any driver licence (other than a restricted driver licence) purportedly issued to a person who is disqualified from driving under the law of this State or the law of another Australian jurisdiction is void and of no effect.
(6) [Section 19 Subsection (6) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] As soon as practicable after the Registrar is notified of a disqualification from driving or a licence suspension or cancellation imposed by a court or automatic statutory penalty of this State, the Registrar must –
(a) record relevant details in the register; and
(b) [Section 19 Subsection (6) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] if the disqualification, suspension or cancellation applies to a person who, immediately before the disqualification, suspension or cancellation takes or, if applicable, took effect –
(i) [Section 19 Subsection (6) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] holds or, if applicable, held an Australian driver licence issued under the corresponding law of another State or a Territory; or
(ii) [Section 19 Subsection (6) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] is or, if applicable, was a resident of another State or a Territory not holding an Australian driver licence –
give the driver licensing authority under the corresponding law of that State or Territory relevant details.
(7) The relevant details are details of which the Registrar has been informed about –
(a) [Section 19 Subsection (7) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] the court that ordered the disqualification, suspension or cancellation or the nature of the automatic statutory penalty; and
(ab) [Section 19 Subsection (7) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] the date of the court's order or the date on which the automatic statutory penalty takes or, if applicable, took effect; and
(b) [Section 19 Subsection (7) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] the effect of the court's order or of the automatic statutory penalty and, in particular –
(i) [Section 19 Subsection (7) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] if a disqualification from driving is imposed– the period of the disqualification and its date of commencement; and
(ii) [Section 19 Subsection (7) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] if a licence suspension is imposed– the period of the suspension and its date of commencement; and
(iii) [Section 19 Subsection (7) amended by No. 69 of 2001, s. 9, Applied:10 Dec 2001] if an Australian driver licence is cancelled– the date of cancellation.
[Section 19A of Part 3 Inserted by No. 69 of 2001, s. 10, Applied:10 Dec 2001]
(1) [Section 19A Subsection (1) substituted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] If a person who commits an excessive speeding offence is taken to have been convicted of that offence in accordance with section 20 of the Monetary Penalties Enforcement Act 2005 –
(a) the person is, by that conviction, disqualified from driving for a period starting and ending on the dates specified in a notice of disqualification served on the person by the Registrar; and
(b) if the person holds an Australian driver licence, the licence is suspended for the period of the disqualification.
(2) The penalty imposed by subsection (1) is in addition to any other penalty that the person may be liable to in respect of the excessive speeding offence.
(3) For subsection (1) , the period of disqualification is as follows:
(a) 3 months if the traffic infringement notice indicates that the person exceeded the prescribed speed limit by 38km/h or more, but by less than 45km/h;
(b) 4 months if the traffic infringement notice indicates that the person exceeded the prescribed speed limit by 45km/h or more.
(4) [Section 19A Subsection (4) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] . . . . . . . .
[Section 19B of Part 3 Inserted by No. 69 of 2001, s. 10, Applied:10 Dec 2001]
(1) A court that convicts a person of an excessive speeding offence must –
(a) disqualify the convicted person from driving for a period of not less than –
(i) 3 months if the court finds that the person exceeded the prescribed speed limit by 38km/h or more, but by less than 45km/h; or
(ii) 4 months if the court finds that the person exceeded the prescribed speed limit by 45km/h or more; and
(b) exercise the court's power under section 17(2) or (3) consequent on the disqualification; and
(c) impose on the convicted person a fine of –
(i) not less than –
(A) $250 or, if another amount is prescribed (whether in dollars or penalty units), the prescribed amount if the court finds that the person exceeded the relevant speed limit by 38km/h or more, but by less than 45km/h; or
(B) $400 or, if another amount is prescribed (whether in dollars or penalty units), the prescribed amount if the court finds that the person exceeded the relevant speed limit by 45km/h or more; but
(ii) not more than the maximum fine prescribed under the Traffic Act 1925 .
(2) Notwithstanding subsection (1) , the court may impose a lesser period of disqualification or a lesser fine than the minimum period of disqualification or fine required under that subsection if it is satisfied that it is just to do so because there are, in the circumstances of the case, special reasons for exercising the power conferred by this subsection.
[Division 3B of Part 3 Heading amended by No. 38 of 2017, s. 68, Applied:03 Dec 2018]
[Section 19C of Part 3 Inserted by No. 68 of 2007, s. 16, Applied:19 Dec 2007]
(1) [Section 19C Subsection (1) amended by No. 38 of 2017, s. 69, Applied:03 Dec 2018] If a person is disqualified from driving in accordance with a road safety disqualification notice, his or her driver licence is suspended for the period of disqualification determined in accordance with the notice.
(2) [Section 19C Subsection (2) amended by No. 38 of 2017, s. 69, Applied:03 Dec 2018] The suspension imposed by subsection (1) is in addition to any other penalty that the person may be liable to in respect of the offence that resulted in the person being given the road safety disqualification notice.
(3) A period of suspension under this section takes effect –
(a) [Section 19C Subsection (3) amended by No. 38 of 2017, s. 69, Applied:03 Dec 2018] if the person is not subject to a current period of disqualification, licence suspension or ineligibility to hold a driver licence as a result of the accumulation of demerit points, as soon as the person is given the road safety disqualification notice; or
(b) if, at the time of being given the notice, the person is subject to a current period of disqualification, licence suspension or ineligibility to hold a driver licence as a result of the accumulation of demerit points, on the expiration of that period of disqualification, suspension or ineligibility.
[Section 19D of Part 3 Inserted by No. 10 of 2008, s. 8, Applied:25 Aug 2008]
(1) If a novice driver who commits an unaccompanied driver offence is taken to have been convicted of that offence in accordance with section 20 of the Monetary Penalties Enforcement Act 2005 –
(a) he or she is, by that conviction, disqualified from driving for a period of 3 months; and
(b) any driver licence held by him or her is cancelled.
(2) The penalty imposed by subsection (1) is in addition to any other penalty that the person may be liable to in respect of the offence.
(3) A period of disqualification under this section starts and ends on the dates specified in a notice of disqualification served on the person by the Registrar.
[Section 19E of Part 3 Inserted by No. 10 of 2008, s. 8, Applied:25 Aug 2008]
(1) A court that convicts a novice driver of an unaccompanied driver offence must –
(a) disqualify the convicted person from driving for a period of not less than 3 months; and
(b) cancel any driver licence held by the person; and
(c) impose on the person a fine of –
(i) not less than $150 or, if another amount is prescribed (whether in dollars or penalty units), the prescribed amount; and
(ii) not more than the maximum fine prescribed under this Act.
(2) Notwithstanding subsection (1) , the court may impose a lesser period of disqualification or a lesser fine than the minimum period of disqualification or fine required under that subsection if it is satisfied that it is just to do so because there are, in the circumstances of the case, special reasons for exercising the power conferred by this subsection.
[Section 19F Inserted by No. 30 of 2013, Sched. 1, Applied:10 Feb 2014] For the purposes of this Division –
traffic infringement notice includes –
(a) a traffic infringement notice within the meaning assigned to that expression by section 43H(1) of the Traffic Act 1925 ; and
(b) an infringement notice issued under the Heavy Vehicle National Law (Tasmania) Act 2013 .
(1) A traffic offence attracts demerit points if demerit points are fixed in relation to that offence in the demerit points schedule.
(2) The demerit points schedule is to consist of the following 3 parts:
(a) the national schedule of demerit points;
(b) the schedule of recognised interstate demerit points offences;
(c) the schedule of local demerit points offences.
(3) [Section 20 Subsection (3) inserted by No. 40 of 2000, s. 5, Applied:14 Aug 2000] A person is incapable of being awarded demerit points under this Division unless that person is a natural person.
(1) Subject to this section, a court must, on convicting a person of a traffic offence attracting demerit points, award against the convicted person the number of demerit points prescribed in respect of that offence.
(2) Where the number of demerit points prescribed in respect of an offence depends on facts that do not necessarily have to be established for a conviction for the offence, a court must, on convicting a person of the offence, declare such of those facts as it finds have been established on the trial of the person for the offence.
(3) [Section 21 Subsection (3) omitted by No. 69 of 2001, s. 11, Applied:10 Dec 2001] . . . . . . . .
(4) [Section 21 Subsection (4) amended by No. 27 of 2022, s. 5, Applied:23 Jun 2023] [Section 21 Subsection (4) amended by No. 68 of 2001, s. 5, Applied:01 Dec 2001] If, on the conviction of a person for a red light offence, speeding offence, portable device offence, seatbelt offence or registration offence, the court is satisfied that –
(a) [Section 21 Subsection (4) amended by No. 68 of 2001, s. 5, Applied:01 Dec 2001] the offence is –
(i) in the case of a red light offence, one of 2 or more red light offences committed in succession by the convicted person; or
(ii) [Section 21 Subsection (4) amended by No. 27 of 2022, s. 5, Applied:23 Jun 2023] in the case of a speeding offence, one of 2 or more speeding offences committed in succession by the convicted person; or
(iii) [Section 21 Subsection (4) amended by No. 27 of 2022, s. 5, Applied:23 Jun 2023] in the case of a portable device offence, one of 2 or more portable device offences committed in succession by the convicted person; or
(iv) [Section 21 Subsection (4) amended by No. 27 of 2022, s. 5, Applied:23 Jun 2023] in the case of a seatbelt offence, one of 2 or more seatbelt offences committed in succession by the convicted person; or
(v) [Section 21 Subsection (4) amended by No. 27 of 2022, s. 5, Applied:23 Jun 2023] in the case of a registration offence, one of 2 or more registration offences committed in succession by the convicted person; and
(b) the offences were detected by photographic detection devices; and
(c) at the time of the detection of the offence for which the conviction has been recorded, the convicted person had not been served with a traffic infringement notice or a summons for the earlier offence or offences –
the court may refrain from awarding demerit points for the offence.
(5) The court may refrain from awarding demerit points or reduce the number of demerit points to be awarded against a convicted person if satisfied that it is just to do so because there are, in the circumstances of the case, special reasons for exercising the power conferred by this subsection.
(1) Where a traffic infringement notice relating to a traffic offence that attracts demerit points has been served on the person alleged to have committed the offence and –
(a) the notice has not been withdrawn; and
(b) [Section 22 Subsection (1) amended by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] the person is taken to have been convicted of that offence in accordance with section 20 of the Monetary Penalties Enforcement Act 2005 –
the number of demerit points prescribed in respect of that offence is to be awarded against that person.
(2) Where –
(a) the number of demerit points prescribed in respect of an offence depends on facts that do not necessarily have to be established for a conviction for the offence; and
(b) any such facts are stated in the traffic infringement notice; and
(c) [Section 22 Subsection (2) amended by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] the person is taken to have been convicted of that offence in accordance with section 20 of the Monetary Penalties Enforcement Act 2005 –
the relevant facts are taken to have been established against the person alleged to have committed the offence and demerit points are to be awarded accordingly.
(3) [Section 22 Subsection (3) amended by No. 27 of 2022, s. 6, Applied:23 Jun 2023] [Section 22 Subsection (3) amended by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] [Section 22 Subsection (3) amended by No. 68 of 2001, s. 6, Applied:01 Dec 2001] If a traffic infringement notice relating to a red light offence, speeding offence, portable device offence, seatbelt offence or registration offence has been served on the person alleged to have committed the offence and –
(a) [Section 22 Subsection (3) amended by No. 68 of 2001, s. 6, Applied:01 Dec 2001] the offence is –
(i) in the case of a red light offence, one of 2 or more red light offences committed in succession by the same offender; or
(ii) [Section 22 Subsection (3) amended by No. 27 of 2022, s. 6, Applied:23 Jun 2023] in the case of a speeding offence, one of 2 or more speeding offences committed in succession by the same offender; or
(iii) [Section 22 Subsection (3) amended by No. 27 of 2022, s. 6, Applied:23 Jun 2023] in the case of a portable device offence, one of 2 or more portable device offences committed in succession by the same offender; or
(iv) [Section 22 Subsection (3) amended by No. 27 of 2022, s. 6, Applied:23 Jun 2023] in the case of a seatbelt offence, one of 2 or more seatbelt offences committed in succession by the same offender; or
(v) [Section 22 Subsection (3) amended by No. 27 of 2022, s. 6, Applied:23 Jun 2023] in the case of a registration offence, one of 2 or more registration offences committed in succession by the same offender; and
(b) the offences were detected by photographic detection devices; and
(c) at the time of the detection of the offence to which the notice relates, the offender had not been served with a traffic infringement notice or a summons for the earlier offence or offences –
the offender may, on being taken to have been convicted of that offence in accordance with section 20 of the Monetary Penalties Enforcement Act 2005 , give the Commissioner of Police a written request setting out the circumstances of the case and asking the Commissioner to exercise the Commissioner's discretion under subsection (4) in the offender's favour.
(4) If the Commissioner of Police (or the Commissioner's delegate) is satisfied that the offender committed the offence to which the traffic infringement notice relates before being served with a traffic infringement notice or a summons for the earlier offence or offences, and that a direction under this subsection is warranted in the circumstances of the case, the Commissioner (or the Commissioner's delegate) may direct –
(a) that no demerit points be awarded for the offence to which the traffic infringement notice relates; or
(b) if demerit points have already been recorded for the offence to which the traffic infringement notice relates – that the demerit points be deleted (and, in that case, the demerit points will be taken never to have been recorded).
(1) If –
(a) a Tasmanian court awards demerit points in respect of a traffic offence that attracts demerit points; or
(b) demerit points are to be awarded following the service of a traffic infringement notice; or
(c) the Registrar is notified by a driver licensing authority under a corresponding law that a person who holds a driver licence under this Act, or a person who does not hold an Australian driver licence but is a resident of Tasmania –
(i) has been convicted by a court, in the jurisdiction of the corresponding law, of an offence in respect of which demerit points are prescribed in the national schedule of demerit points or the schedule of recognised interstate demerit points offences; or
(ii) has committed such an offence in the jurisdiction of the corresponding law and has been dealt with under a procedure corresponding to the traffic infringement notice procedure –
the Registrar must record or transmit the relevant information as required in this section.
(2) The relevant information is –
(a) the name and address of the offender; and
(b) the nature of the offence and the date of its commission; and
(c) whether the offence was dealt with by a court or a traffic infringement notice or a similar procedure under the law of another jurisdiction.
(3) Demerit points awarded by a court on conviction are not to be recorded, and information is not to be transmitted, under this section until –
(a) the time for appealing against the conviction has passed; or
(b) if there is an appeal – the appeal is determined, withdrawn or discontinued.
(4) Information is to be recorded or transmitted as follows:
(a) [Section 23 Subsection (4) amended by No. 56 of 2001, s. 4, Applied:19 Sep 2001] if the person holds a driver licence under this Act (or is a resident of Tasmania who does not hold an Australian driver licence)– the Registrar must record the date of commission of the offence, and the number of demerit points awarded, in the demerit points register;
(b) if the person holds an Australian driver licence issued under the corresponding law of another State or a Territory (or is a resident of another State or a Territory who does not hold an Australian driver licence) – the Registrar must, as soon as practicable, transmit the relevant information to the driver licensing authority for the relevant State or Territory.
(5) Demerit points are taken to have been recorded in the demerit points register on the date of commission of the offence to which they relate.
(6) Demerit points are to be recorded in the demerit points register even though the person who has incurred the demerit points, and against whom they are to be recorded, does not hold (or has never held) an Australian driver licence.
(7) For the purpose of calculating the aggregate number of demerit points recorded against the holder of a driver licence or a person who has held, but not longer holds, a driver licence, it is immaterial whether the demerit points were incurred during the currency of the licence or during a period when the person did not hold a driver licence.
(1) A driver licence is liable to suspension because of the accumulation of demerit points against the holder of the licence as follows:
(a) a learner or provisional licence is liable to suspension if –
(i) the holder of the licence has never held a full licence; and
(ii) the demerit points recorded against the holder for traffic offences committed during a period of 12 months or less amount, in aggregate, to 4 or more;
(b) [Section 24 Subsection (1) amended by No. 104 of 2001, s. 21, Applied:05 Dec 2001] a driver licence (whatever its type) is liable to suspension if the demerit points recorded against the holder for traffic offences committed during a period of 3 years or less amount, in aggregate, to 12 or more;
(c) [Section 24 Subsection (1) amended by No. 104 of 2001, s. 21, Applied:05 Dec 2001] a full licence is liable to suspension if the demerit points recorded against the holder for traffic offences committed during a period of 12 months or less as the holder of a previous provisional licence amount, in aggregate, to 4 or more.
(2) If a driver licence becomes liable to suspension under subsection (1) , the Registrar must serve a notice of licence suspension on the holder of the licence stating the period of licence suspension and when the period is to commence.
(2A) [Section 24 Subsection (2A) inserted by No. 68 of 2007, s. 17, Applied:19 Dec 2007] The Registrar, by notice in writing served on the holder of the licence, may withdraw a notice of licence suspension at any time before the suspension takes effect.
(3) The period of suspension is –
(a) [Section 24 Subsection (3) amended by No. 104 of 2001, s. 21, Applied:05 Dec 2001] for the holder of a learner or provisional licence or the holder of a full licence whose liability to suspension arises under subsection (1)(c) – 3 months (unless the person would have been liable to a longer period of licence suspension if paragraph (b) was applicable, in which case the longer period applies); or
(b) in any other case as follows:
(i) if the aggregate number of demerit points recorded against the holder of the driver licence when it became liable to suspension is 12 or more but not more than 15 – 3 months;
(ii) if the aggregate number of demerit points recorded against the holder of the driver licence when it became liable to suspension is 16 or more but not more than 19 – 4 months;
(iii) if the aggregate number of demerit points recorded against the holder of the driver licence when it became liable to suspension is 20 or more – 5 months.
(4) [Section 24 Subsection (4) amended by No. 69 of 2001, s. 12, Applied:10 Dec 2001] Unless the driver licence is a learner licence or a provisional licence, the holder of the licence may, as an alternative to undergoing the licence suspension under this section, give the Registrar a written undertaking to be of good behaviour for a period of 12 months from the date on which the licence suspension would otherwise have taken effect.
(5) The undertaking must be given in the form required by the Registrar –
(a) within 21 days from the date of service of the notice of licence suspension; or
(b) at a later time allowed by the Registrar in a particular case.
(6) [Section 24 Subsection (6) amended by No. 40 of 2000, s. 6, Applied:14 Aug 2000] If –
(a) the holder of a driver licence gives an undertaking to be of good behaviour as required under this section; and
(b) during the period to which the undertaking relates commits an offence (or offences) in respect of which 2 or more demerit points (in aggregate) are recorded –
the Registrar must serve a further notice of licence suspension on the holder of the licence (whether or not the period of good behaviour has expired) for twice the period of licence suspension to which the person was liable when the first notice of licence suspension was served, and the person is not entitled to give a further undertaking under subsection (4) as an alternative to undergoing the licence suspension.
(7) A period of licence suspension under this section commences –
(a) [Section 24 Subsection (7) amended by No. 69 of 2001, s. 12, Applied:10 Dec 2001] on such day following the 21 day period after the relevant notice of licence suspension is served as the Registrar determines and specifies in that notice; or
(b) [Section 24 Subsection (7) amended by No. 69 of 2001, s. 12, Applied:10 Dec 2001] if the holder of the licence is not subject to a current period of licence suspension, disqualification from driving or ineligibility to hold a driver licence and submits to the licence suspension on an earlier day by returning the licence to the Registrar, on that earlier day.
(8) Subject to subsection (9) , when a period of licence suspension commences, or an undertaking to be of good behaviour is given, under this section, the demerit points recorded in the register, as at the date of the notice of licence suspension, against the person to whom the notice is given are taken to be deleted.
(9) Subsection (8) is subject to the following qualifications:
(a) demerit points that had not been recorded at the date of the notice of licence suspension (whether incurred before or after that date) are not taken to be deleted;
(b) if the notice of licence suspension is given because of the accumulation of demerit points during a period for which the person liable to the licence suspension has undertaken to be of good behaviour, demerit points incurred after the date of the first notice of licence suspension are not taken to be deleted.
(10) If a driver licence would, but for this subsection, expire during the course of a period of licence suspension imposed under this section, the term of the licence is extended by this subsection until the end of the period of suspension.
(11) [Section 24 Subsection (11) inserted by No. 69 of 2001, s. 12, Applied:10 Dec 2001] If a driver licence that is liable to suspension under this section is due to expire during a period of disqualification from driving imposed for an excessive speeding offence –
(a) the holder of the licence may, notwithstanding the disqualification, apply for the renewal of the licence; and
(b) the renewal, if granted, is not capable of taking effect before the expiration of the period of disqualification.
(1) A person who does not hold a current driver licence is liable to a period of ineligibility to hold a driver licence because of the accumulation of demerit points as follows:
(a) if –
(i) the person has never held a full licence and has not progressed beyond the status of a provisional driver; and
(ii) the demerit points recorded against the person for traffic offences committed during a period of 12 months or less amount, in aggregate, to 4 or more;
(b) whether or not the person has ever held a full licence – if the demerit points recorded against the person for traffic offences committed during a period of 3 years or less amount, in aggregate, to 12 or more.
(1A) [Section 25 Subsection (1A) inserted by No. 10 of 2008, s. 9, Applied:25 Aug 2008] Subsection (1)(a) does not apply to a person who has held a provisional licence for the required period to be eligible to obtain a full licence but has never held a full licence.
(2) If a person becomes liable to a period of ineligibility under subsection (1) , the Registrar must serve a notice of ineligibility stating the period of ineligibility and when the period is to commence.
(3) The period of ineligibility is –
(a) for a person who has never held a full licence and has not progressed beyond the status of a provisional driver – 3 months (unless the person would have been liable to a longer period of ineligibility if paragraph (b) was applicable, in which case the longer period applies); or
(b) in any other case as follows:
(i) if the aggregate number of demerit points recorded against the person when he or she became liable to the period of ineligibility is 12 or more but not more than 15 – 3 months;
(ii) if the aggregate number of demerit points recorded against the person when he or she became liable to the period of ineligibility is 16 or more but not more than 19 – 4 months;
(iii) if the aggregate number of demerit points recorded against the person when he or she became liable to the period of ineligibility is 20 or more – 5 months.
(4) [Section 25 Subsection (4) amended by No. 69 of 2001, s. 13, Applied:10 Dec 2001] A period of ineligibility under this section commences on such day as the Registrar determines and specifies in the relevant notice of ineligibility.
(5) [Section 25 Subsection (5) amended by No. 69 of 2001, s. 13, Applied:10 Dec 2001] Before a period of ineligibility commences, the person on whom the notice of ineligibility was served may apply for the renewal of his or her last driver licence if –
(a) the person would, apart from the ineligibility resulting from the accumulation of demerit points, be entitled to renewal of the licence; and
(b) the person –
(i) has, at some time in the past, held a full licence (whether or not his or her last licence was a full licence) and has not reverted to the status of a learner driver or, if so, has progressed beyond that status; or
(ii) [Section 25 Subsection (5) amended by No. 10 of 2008, s. 9, Applied:25 Aug 2008] has held a provisional licence for the required period to be eligible to obtain a full licence but has never held a full licence.
(6) The application for renewal may be accompanied by a written undertaking, in the form required by the Registrar, to be of good behaviour for a period of 12 months from the date on which the period of ineligibility would otherwise have taken effect.
(7) If a person who makes an application for renewal of a driver licence under subsection (5) would, apart from the ineligibility, be entitled to the renewal, the Registrar must renew the licence and, in that event –
(a) if the application was not accompanied by a written undertaking, in the form required by the Registrar, to be of good behaviour for a period of 12 months – the licence will, as from the date of its renewal, be under suspension as if –
(i) the notice of ineligibility had been a notice of licence suspension under section 24 ; and
(ii) the person on whom the notice was served had been, at the time of service, the holder of a current driver licence; and
(iii) the period of the licence suspension had been the same as the period of ineligibility and had commenced at the date of renewal of the licence; or
(b) if the application was accompanied by such an undertaking – the licence will not be under suspension on its renewal, but section 24 applies as if –
(i) the notice of ineligibility had been a notice of licence suspension under section 24 ; and
(ii) the person on whom the notice was served had been, at the time of service, the holder of a current driver licence; and
(iii) the period of the licence suspension had been the same as the period of ineligibility and had commenced at the date of renewal of the licence; and
(iv) the undertaking were an undertaking given under section 24 , to be of good behaviour for a period of 12 months from the date of renewal of the licence, as an alternative to undergoing the period of licence suspension.
(8) Subject to subsection (9) , when a period of ineligibility or licence suspension commences, or an undertaking to be of good behaviour is given, under this section, the demerit points recorded in the register, as at the date of the notice of ineligibility, against the person to whom the notice is given are taken to be deleted.
(9) Demerit points that had not been recorded at the date of the notice of ineligibility (whether incurred before or after that date) are not taken to be deleted.
(10) Once a period of ineligibility imposed under this section has commenced –
(a) the person subject to the ineligibility cannot apply for, or be issued with, a driver licence until the end of the period of ineligibility; and
(b) if the person held a driver licence that has expired but may still, apart from this subsection, be renewed – the licence cannot be renewed while the period of ineligibility continues.
(11) [Section 25 Subsection (11) inserted by No. 69 of 2001, s. 13, Applied:10 Dec 2001] For subsection (5)(a) and subsection (7) , a disqualification from driving for an excessive speeding offence is taken not to be a condition that would disentitle a person so disqualified to the renewal of the person's last driver licence.
(12) [Section 25 Subsection (12) inserted by No. 69 of 2001, s. 13, Applied:10 Dec 2001] If a person who is disqualified from driving for an excessive speeding offence makes an application under subsection (5) which is granted, the renewal of the person's last driver licence is not capable of taking effect before the expiration of the period of disqualification.
(1) A period of licence suspension or ineligibility to hold a driver licence imposed under this Division is in addition to any licence suspension, disqualification or penalty imposed by an Australian court or under another law.
(2) [Section 26 Subsection (2) amended by No. 69 of 2001, s. 14, Applied:10 Dec 2001] Demerit points are not affected by a period of licence suspension or disqualification imposed on a basis separate from the demerit points scheme.
(1) Subject to subsection (3), a person must not use, or permit the use of, a motor vehicle or a trailer on a public street unless the vehicle is registered under this Act.
Penalty: In the case of –
(a) a first offence – a fine not exceeding 20 penalty units; and
(b) a second or subsequent offence –
(i) for a body corporate – a fine not exceeding 200 penalty units; and
(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.
(2) The court may impose an additional fine on a person convicted of an offence against subsection (1) not exceeding the amount of motor tax payable for registration of the vehicle or combination for a registration period of 12 months.
(3) Subsection (1) does not apply to –
(a) a vehicle of a class that is exempt from registration under this Act; or
(b) a vehicle for which a short term unregistered vehicle permit is in force authorising its use on a public street; or
(c) the use of a vehicle in circumstances in which its use is authorised by a trade plate; or
(d) the use of a vehicle in circumstances in which the regulations permit its use without registration.
(4) If in proceedings for an offence against this section the prosecution establishes that –
(a) an unregistered vehicle was found parked or standing on a public street; and
(b) the defendant –
(i) is the registered operator of the vehicle; or
(ii) is the owner of the vehicle; or
(iii) is entitled to possession of the vehicle –
it will be presumed, in the absence of proof to the contrary, that the defendant used or permitted the use of the vehicle in contravention of this section.
(1) Subject to the regulations, a motor vehicle or a trailer is exempt from registration under this Act if the use of the vehicle on roads is authorised under a corresponding law by registration or an authorisation that corresponds, or is similar, to a short term unregistered vehicle permit or a trade plate.
(2) Conditions affecting the use of the vehicle on roads imposed under the corresponding law (other than conditions that are incapable of application in Tasmania) are taken to be conditions affecting the use of the vehicle on public streets in Tasmania.
(3) A person must not contravene, or permit a contravention of, any such condition.
Penalty: In the case of –
(a) a first offence – a fine not exceeding 20 penalty units; and
(b) a second or subsequent offence –
(i) for a body corporate – a fine not exceeding 200 penalty units; and
(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.
(1) Subject to the regulations, a motor vehicle or a trailer is exempt from registration under this Act if –
(a) the vehicle is registered in a foreign country; and
(b) the requirements of the regulations relating to third-party insurance have been complied with.
(2) Requirements and conditions affecting the use of the vehicle on roads in the country of registration (other than requirements and conditions that are contrary to Tasmanian law or incapable of application in Tasmania) are taken to be requirements and conditions affecting the use of the vehicle on public streets in Tasmania.
(3) A person must not contravene, or permit a contravention of, any such requirement or condition.
Penalty: In the case of –
(a) a first offence – a fine not exceeding 20 penalty units; and
(b) a second or subsequent offence –
(i) for a body corporate – a fine not exceeding 200 penalty units; and
(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.
(1) A person must not use, or permit the use of, a motor vehicle or a trailer on a public street in breach of a condition of its registration under this Act.
Penalty: In the case of –
(a) a first offence – a fine not exceeding 20 penalty units; and
(b) a second or subsequent offence –
(i) for a body corporate – a fine not exceeding 200 penalty units; and
(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.
(2) A person must not use, or permit the use of, a motor vehicle or a trailer on a public street in breach of a condition of a short term unregistered vehicle permit or a trade plate issued under this Act.
Penalty: In the case of –
(a) a first offence – a fine not exceeding 20 penalty units; and
(b) a second or subsequent offence –
(i) for a body corporate – a fine not exceeding 200 penalty units; and
(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.
(1) A person must not use, or permit the use of, a motor vehicle or a trailer on a public street while its registration is under suspension.
Penalty: In the case of –
(a) a first offence –
(i) for a body corporate – a fine not exceeding 150 penalty units; and
(ii) for an individual – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and
(b) a second or subsequent offence –
(i) for a body corporate – a fine not exceeding 300 penalty units; and
(ii) for an individual – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months.
(2) A person does not commit an offence against subsection (1) merely by leaving the motor vehicle or trailer parked or standing on a public street.
[Section 32 Amended by No. 40 of 2000, s. 7, Applied:14 Aug 2000] A person must not use, or permit the use of, a motor vehicle or a trailer on a public street in breach of a total prohibition on its use imposed under the regulations.
Penalty: In the case of –
(a) a first offence –
(i) for a body corporate– a fine not exceeding 200 penalty units; and
(ii) for an individual– a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and
(b) a second or subsequent offence –
(i) for a body corporate– a fine not exceeding 400 penalty units; and
(ii) for an individual– a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both.
[Section 32A Inserted by No. 29 of 2002, s. 6, Applied:21 Oct 2002] A person must not use, or permit the use of, a statutory write-off on a public street.
Penalty: In the case of –
(a) a first offence –
(i) for a body corporate – a fine not exceeding 200 penalty units; and
(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both.
(b) a second or subsequent offence –
(i) for a body corporate – a fine not exceeding 400 penalty units; and
(ii) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both; and
[Section 33 Subsection (3) substituted by No. 41 of 2000, s. 6, Applied:14 Aug 2000] [Section 33 Repealed by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013]
(1) In this section –
[Section 33 Subsection (1) amended by No. 17 of 2023, s. 7, Applied:01 Jul 2024] advertising means images or words in relation to which a decision-maker may issue a notice that a breach of the advertising code has occurred;
advertising code means –
(a) the document, called the AANA Code of Ethics, published by the Australian Association of National Advertisers ACN 003 179 673, as in force from time to time; or
(b) another document that –
(i) states a code of ethics, or sets standards, for advertising; and
(ii) is prescribed by regulation to be an advertising code for the purposes of this section;
[Section 33 Subsection (1) amended by No. 17 of 2023, s. 7, Applied:01 Jul 2024]
[Section 33 Subsection (1) amended by No. 17 of 2023, s. 7, Applied:01 Jul 2024] decision-maker means a body, organisation or entity that is the subject of a declaration made under subsection (6) .
(2) The Registrar must serve on the registered operator of a hire and drive vehicle a notice (an offensive advertising notice) if –
(a) [Section 33 Subsection (2) amended by No. 17 of 2023, s. 7, Applied:01 Jul 2024] a decision-maker, or an entity that has conducted a review of a determination of a decision-maker, has made a determination that advertising on the vehicle breaches the advertising code; and
(b) [Section 33 Subsection (2) amended by No. 17 of 2023, s. 7, Applied:01 Jul 2024] the decision-maker has issued to the Registrar a notice (an advertising code breach notice) stating –
(i) the details of the determination; and
(ii) that the determination is final; and
(c) [Section 33 Subsection (2) amended by No. 17 of 2023, s. 7, Applied:01 Jul 2024] the decision-maker has not withdrawn the advertising code breach notice.
(3) An offensive advertising notice served on the registered operator of a vehicle must include –
(a) the name of the registered operator; and
(b) details of the vehicle; and
(c) [Section 33 Subsection (3) amended by No. 17 of 2023, s. 7, Applied:01 Jul 2024] a statement that the Registrar must cancel the registration of the vehicle at the end of the period of 14 days after the notice is served on the registered operator, unless the decision-maker withdraws its advertising code breach notice.
(4) [Section 33 Subsection (4) amended by No. 17 of 2023, s. 7, Applied:01 Jul 2024] The Registrar must, by notice served on the registered operator of a vehicle, revoke an offensive advertising notice in relation to the vehicle, if the decision-maker has withdrawn an advertising code breach notice in relation to the vehicle.
(5) An advertising code breach notice may state that the determination referred to in the notice is final if the period for requesting a review of the determination has ended and –
(a) any of the following applies to each request for a review of the determination:
(i) the request was not accepted because it did not meet the grounds on which a determination may be reviewed;
(ii) the determination was confirmed;
(iii) the review resulted in a determination that advertising on the vehicle breaches the advertising code; or
(b) no request for a review of the determination was made.
(6) [Section 33 Subsection (6) inserted by No. 17 of 2023, s. 7, Applied:01 Jul 2024] The Minister may declare, by notice published in the Gazette, a body, organisation or entity, that has the function of considering complaints about advertising, made by members of the public, to determine whether the advertising breaches the advertising code, to be a decision-maker for the purposes of this section.
(1) [Section 34 Subsection (1) amended by No. 11 of 2008, s. 4, Applied:01 Jul 2008] Tax is imposed in respect of a light vehicle used or to be used on a public street.
(2) [Section 34 Subsection (2) amended by No. 11 of 2008, s. 4, Applied:01 Jul 2008] [Section 34 Subsection (2) amended by No. 15 of 2005, s. 4, Applied:10 Jun 2005] The amount of the tax (expressed as an annualised sum) is, subject to subsection (3) , the amount prescribed by Schedule 1 .
(3) [Section 34 Subsection (3) amended by No. 11 of 2008, s. 4, Applied:01 Jul 2008] [Section 34 Subsection (3) amended by No. 18 of 2007, s. 9, Applied:01 Oct 2007] The amount of the tax is calculated by multiplying the amount prescribed by Schedule 1 by the relevant indexation factor (and, if the resultant amount is not an exact multiple of $1, the amount is to be rounded down to the nearest dollar if the remainder is 50 cents or less and rounded up to the nearest dollar if the remainder is more than 50 cents).
(4) [Section 34 Subsection (4) amended by No. 23 of 2012, s. 9, Applied:01 Oct 2012] [Section 34 Subsection (4) amended by No. 18 of 2007, s. 9, Applied:01 Oct 2007] [Section 34 Subsection (4) amended by No. 18 of 2007, s. 9, Applied:01 Oct 2007] The relevant indexation factor for a tax due day in a particular financial year is the Consumer Price Index for the March quarter immediately preceding that financial year divided by the Consumer Price Index for the March quarter of 2012.
(4A) [Section 34 Subsection (4A) inserted by No. 18 of 2007, s. 9, Applied:01 Oct 2007] In subsection (4) –
tax due day means the day on which the tax in respect of a light vehicle is payable under section 35 .
(5) [Section 34 Subsection (5) inserted by No. 15 of 2005, s. 4, Applied:10 Jun 2005] [Section 34 Subsection (5) omitted by No. 11 of 2008, s. 4, Applied:01 Jul 2008] . . . . . . . .
(6) [Section 34 Subsection (6) inserted by No. 15 of 2005, s. 4, Applied:10 Jun 2005] [Section 34 Subsection (6) omitted by No. 11 of 2008, s. 4, Applied:01 Jul 2008] . . . . . . . .
(7) [Section 34 Subsection (7) inserted by No. 15 of 2005, s. 4, Applied:10 Jun 2005] [Section 34 Subsection (7) omitted by No. 11 of 2008, s. 4, Applied:01 Jul 2008] . . . . . . . .
(8) [Section 34 Subsection (8) inserted by No. 15 of 2005, s. 4, Applied:10 Jun 2005] [Section 34 Subsection (8) omitted by No. 11 of 2008, s. 4, Applied:01 Jul 2008] . . . . . . . .
(9) [Section 34 Subsection (9) inserted by No. 15 of 2005, s. 4, Applied:10 Jun 2005] [Section 34 Subsection (9) omitted by No. 11 of 2008, s. 4, Applied:01 Jul 2008] . . . . . . . .
[Section 34A Inserted by No. 11 of 2008, s. 5, Applied:01 Jul 2008]
(1) Tax is imposed in respect of a heavy vehicle used or to be used on a public street.
(2) [Section 34A Subsection (2) substituted by No. 5 of 2016, s. 4, Applied:01 Jul 2016] The amount of tax for a heavy vehicle is –
(a) for the financial year commencing 1 July 2016, the amount calculated for the heavy vehicle in accordance with Schedule 2 ; and
(b) for each subsequent financial year, the amount for the heavy vehicle as specified in, or calculated in accordance with, the regulations.
(3) [Section 34A Subsection (3) inserted by No. 5 of 2016, s. 4, Applied:01 Jul 2016] In this section –
subsequent financial year means a financial year following the financial year ending on 30 June 2017.
(1) Motor tax on a motor vehicle or a trailer is payable –
(a) on an application for registration (or renewal of registration) of the vehicle; or
(b) on the occurrence of a change to the vehicle, or its configuration or use, that increases the liability to motor tax.
(2) Motor tax is to be paid by the applicant for registration (or renewal of registration) of the vehicle or, if the liability arises in the course of a period of registration, the registered operator of the vehicle.
(1) A person must not use, or permit the use of, a registered vehicle on a public street if there has been an alteration to the vehicle, or its configuration or use, that increases its liability to motor tax unless –
(a) the registration of the vehicle has been upgraded in accordance with the regulations; or
(b) a temporary upgrade permit is in force authorising the use of the vehicle on public streets with the relevant alteration.
Penalty: In the case of –
(a) a first offence – a fine not exceeding 20 penalty units; and
(b) a second or subsequent offence – a fine not exceeding 40 penalty units.
(2) The court may impose an additional fine on a person convicted of an offence against subsection (1) not exceeding the amount of motor tax payable for registration of the vehicle or combination for a registration period of 12 months.
If a motor vehicle or a trailer is used on public streets, and motor tax for the relevant period of use has not been paid in full, the outstanding motor tax may be recovered as follows:
(a) the motor tax may be recovered as a debt due to the Crown from the registered operator;
(b) on application by the prosecutor, a court by which a person is convicted of unlawfully using the vehicle on public streets may order the convicted person to pay to the Registrar a specified amount by way of motor tax.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
This Act may be cited as the Vehicle and Traffic Act 1999 .
The provisions of this Act commence on a day or days to be proclaimed.
(1) In this Act, unless the contrary intention appears –[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] [Section 3 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021]
[Section 3 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] ADR means –
(a) the vehicle standards (Australian Design Rules) determined under the MVSA and as amended or replaced from time to time; or
(b) a national road vehicle standard determined under section 12 of the Road Vehicle Standards Act 2018, as amended or replaced from time to time;
ancillary certificate means one of the following:
(a) a certificate authorising the holder to provide driving instruction for reward;
(b) a certificate authorising the holder to drive a public passenger vehicle;
articulated for a vehicle, means –
(a) the vehicle consists of a motor vehicle and a trailer; and
(b) the trailer is pivoted to the motor vehicle; and
(c) part of the trailer (not being a pole, drawbar or similar device) is superimposed on the motor vehicle;
Australian driver licence means a licence (including a driver licence receipt) issued under this Act or a corresponding law authorising the holder to drive a motor vehicle;
authorised officer means a person authorised by the Commission under section 9(2) of the Traffic Act 1925 to exercise the power or perform the function in reference to which the expression is used;
[Section 3 Subsection (1) amended by No. 69 of 2001, s. 4, Applied:10 Dec 2001] automatic statutory penalty means a penalty that, under an Act of this or any other State or a Territory, is imposed on an offender automatically if certain circumstances apply and not by order of a court;
axle means one or more shafts positioned in a line across a vehicle on which one or more of the wheels intended to support the vehicle turn;
bus means a motor vehicle that is designed and constructed to carry passengers and has seating capacity for more than 9 adults, including the driver;
camper van means a motor vehicle that is constructed principally for use as a dwelling;
class for an Australian driver licence, means –
(a) in the case of a driver licence issued under this Act – a class established by the regulations; and
(b) in the case of an Australian driver licence issued under a corresponding law – a class established under a corresponding law;
class A light vehicle means –
(a) a motor vehicle constructed for use primarily for the carriage of passengers (other than a bus or a motor cycle); or
(b) a camper van; or
(c) [Section 3 Subsection (1) amended by No. 40 of 2000, s. 4, Applied:14 Aug 2000] a truck with a GVM of less than 3 tonnes;
combination means a motor vehicle connected to one or more trailers;
Commission means the Transport Commission established under the Transport Act 1981 ;
Consumer Price Index means the Consumer Price Index (All Groups) for Hobart published by the Australian Bureau of Statistics or, if that Index is suspended or discontinued, any index published by the Australian Bureau of Statistics that measures price inflation for the household sector in Hobart;
Contracting State means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949;
contravention includes a failure to comply;
corresponding law means a law of another State or Territory of Australia dealing with either or both the following subjects:
(a) the driving of motor vehicles on roads;
(b) the use of motor vehicles and trailers on roads;
demerit points offence means an offence that attracts a demerit point or demerit points;
demerit points schedule means the prescribed schedule of demerit points offences setting out the number of demerit points attracted by each offence;
demerit points scheme means the scheme established by Division 4 of Part 3;
document includes a metallic, plastic or any other medium on which words, letters, numbers or symbols are written or imprinted;
driver licence means a licence (including a driver licence receipt) issued under this Act that authorises the holder of the licence to drive one or more classes of motor vehicle;
driver licence receipt means a receipt issued after an application for an Australian driver licence and payment of the applicable fee authorising the person in whose favour the receipt is issued to drive one or more classes of motor vehicle;
[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] escort vehicle means a vehicle that is being used –
(a) to transport a police officer or an authorised officer; and
(b) to warn other road users of the presence of an oversize vehicle or combination;
[Section 3 Subsection (1) amended by No. 68 of 2007, s. 14, Applied:19 Dec 2007] [Section 3 Subsection (1) amended by No. 38 of 2017, s. 66, Applied:03 Dec 2018] [Section 3 Subsection (1) amended by No. 68 of 2007, s. 14, Applied:19 Dec 2007] [Section 3 Subsection (1) amended by No. 38 of 2017, s. 66, Applied:03 Dec 2018]
[Section 3 Subsection (1) amended by No. 69 of 2001, s. 4, Applied:10 Dec 2001] excessive speeding offence means a speeding offence where the prescribed speed limit is exceeded by 38km/h or more;
foreign driver licence means a licence –
(a) issued under the law of a foreign country; and
(b) held by an international visitor who is ordinarily resident in that country; and
(c) authorising the holder of the licence to drive a motor vehicle in that country;
full licence means an Australian driver licence that is neither a learner licence nor a provisional licence;
goods means any object, material or substance and includes an animal or a bird;
[Section 3 Subsection (1) amended by No. 22 of 2001, s. 4, Applied:01 Nov 2001]
[Section 3 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] GCM for a motor vehicle, also known as the gross combination mass for a motor vehicle, means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may be towed by it at the same time –
(a) as specified on the RAV for that vehicle; or
(b) if it is not specified on the RAV, as specified by the vehicle’s manufacturer on an identification plate on the vehicle; or
(c) if it is not specified on the RAV or an identification plate, or if the specification is not appropriate because the motor vehicle has been modified, as certified by a vehicle registration authority;
[Section 3 Subsection (1) amended by No. 38 of 2010, s. 6, Applied:14 Dec 2010] [Section 3 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021]
[Section 3 Subsection (1) amended by No. 22 of 2001, s. 4, Applied:01 Nov 2001] [Section 3 Subsection (1) amended by No. 38 of 2010, s. 6, Applied:14 Dec 2010] [Section 3 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] GVM for a vehicle, also known as the gross vehicle mass for a vehicle, means the maximum loaded mass of the vehicle –
(a) as specified on the RAV for that vehicle; or
(b) if it is not specified on the RAV, as specified by the vehicle’s manufacturer on an identification plate on the vehicle; or
(c) if it is not specified on the RAV or an identification plate, or if the specification is not appropriate because the vehicle has been modified, as certified by a vehicle registration authority;
[Section 3 Subsection (1) amended by No. 30 of 2013, Sched. 1, Applied:10 Feb 2014]
[Section 3 Subsection (1) amended by No. 30 of 2013, Sched. 1, Applied:10 Feb 2014] heavy vehicle has the same meaning as in the Heavy Vehicle National Law (Tasmania) Act 2013 ;
[Section 3 Subsection (1) amended by No. 5 of 2017, s. 4, Applied:01 Jun 2017] hire and drive vehicle means a motor vehicle that is used to operate a hire and drive passenger service, within the meaning of the Passenger Transport Services Act 2011 ;
[Section 3 Subsection (1) amended by No. 29 of 2002, s. 4, Applied:21 Oct 2002] identification number means –
(a) a VIN; or
(b) a chassis number on a vehicle; or
(c) an engine number on a vehicle;
[Section 3 Subsection (1) amended by No. 22 of 2001, s. 4, Applied:01 Nov 2001] [Section 3 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] identification plate means a plate placed on a vehicle, authorised to be placed on a vehicle or taken to have been placed on a vehicle, under the MVSA;
international driving permit means a permit issued by –
(a) a competent authority of a Contracting State or a subdivision of such a State; or
(b) an association duly empowered by such an authority –
in accordance with the United Nations Convention on Road Traffic, Geneva, 1949;
international visitor means a person who –
(a) is ordinarily resident in a foreign country; and
(b) is not a permanent resident of Australia;
learner licence means a driver licence issued under this Act, or a licence or permit issued under a corresponding law, authorising a person to drive a motor vehicle for the purpose of learning to drive, or demonstrating capacity to drive, a motor vehicle of a particular class;
light vehicle means a motor vehicle or a trailer that is not a heavy vehicle;
manufacturer includes a manufacturer's agent;
[Section 3 Subsection (1) amended by No. 71 of 2001, s. 4, Applied:01 Jan 2002] mass includes weight;
medical examination includes an examination to determine mental fitness to drive a motor vehicle;
[Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010]
motor bike means a motor vehicle that runs on 2 wheels and, if a side-car supported by a third wheel is attached, includes the attached side-car;
motor cycle means a motor bike or a motor trike;
motor tax means tax imposed under Part 5;
motor trike means a motor vehicle that –
(a) runs on 3 wheels symmetrically arranged in relation to the vehicle's longitudinal median axis; and
(b) is constructed and controlled like a motor bike;
motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle but does not include –
(a) an aircraft; or
(b) a motor vehicle that travels only on a railway, tramway or other fixed track; or
(c) [Section 3 Subsection (1) amended by No. 17 of 2023, s. 6, Applied:01 Jul 2024] [Section 3 Subsection (1) amended by No. 17 of 2023, s. 6, Applied:01 Jul 2024] a pedal cycle with an electrically powered auxiliary motor (or motors) with a power output (or combined power output) of not more than 200 watts or such other wattage as is prescribed; or
(ca) [Section 3 Subsection (1) amended by No. 8 of 2014, s. 4, Applied:11 Sep 2014] a power-assisted pedal cycle within the meaning of the relevant ADR; or
(d) a self-propelled lawn or grass mower constructed and used solely for mowing lawn or grass that is not capable of travelling at a speed of more than 10 kilometres an hour; or
(e) a self-propelled wheelchair that is not capable of travelling at a speed of more than 10 kilometres an hour; or
(f) a self-propelled vehicle –
(i) not capable of travelling at a speed of more than 10 kilometres an hour; and
(ii) designed for off-road work in construction, maintenance or warehouse operation; and
(iii) [Section 3 Subsection (1) amended by No. 104 of 2001, s. 20, Applied:01 Jan 2002] only used on a public street for the purpose of loading or unloading another vehicle, loading or unloading the vehicle onto another vehicle or manoeuvring at a work site; or
(g) a vehicle of a class excluded by regulation from the ambit of this definition;
[Section 3 Subsection (1) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] MVSA means the Motor Vehicle Standards Act 1989 of the Commonwealth, as in force immediately before its repeal;
***national schedule of demerit po
This is an opening excerpt, not the complete document.