13Driving while disqualified

13 Driving while disqualified

(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.