13Driving while disqualified

### 13 Driving while disqualified > > (1)  [*\[Section 13 Subsection (1) substituted by No. 69 of 2001, s. 6, Applied:10 Dec 2001\]*](/view/html/inforce/2001-12-10/act-2001-069#GS6@EN) 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)](#GS13@Gs1@EN) 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](/view/html/inforce/2026-04-12/act-1970-077) . > > > (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)](#GS13@Gs1@EN) , 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)](#GS13@Gs6@EN) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was disqualified from driving.