Tasmania regulation

Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021

In ForceTAS

Jurisdiction

Tasmania

Act Number

26 of 2021

Collection

regulation

Plain English Summary

9/10 complexity

**What these regulations do (mechanically)

Set out the detailed rules for driver licences and ancillary certificates (who may get them, different licence classes, how long they run, conditions that may be attached, how they can be varied, suspended, cancelled and surrendered) (see Parts 2 and 3).
Create and regulate a Mandatory Alcohol Interlock Program (MAIP): who must have an interlock, how interlocks are installed, serviced and removed, the role and duties of approved providers, monitoring data requirements and the tests for removing the interlock requirement (see Part 5, regs 60–75).
Establish detailed eligibility and registration rules for vehicles and operators, including vehicle standards, conditional registration, number-plate rules, personalised plates, transfer/surrender of registration, written-off vehicle procedures and vehicle defect notices (see Part 6, regs 76–144).
Fix how motor tax, registration fees and a time-limited road safety levy are calculated and collected; and set many exemptions, rebates and fee-waiver rules (see Part 7, regs 145–155; Part 8, regs 156–158; Schedule 1).
Create and require maintenance of registers (driver licences, motor vehicles, demerit points, written-off vehicles) and limit/permit disclosure of stored information (see Part 9, regs 159–162).
Prescribe demerit point allocations for many traffic offences (Schedule 2).
Provide many operational and transitional details (inspections, forms, medical standards, timelines for notifying changes, and transitional savings from earlier regulations) (see Parts 4, 10–11 and Schedules 3 and transitional regs).

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Current sections

Direct links to the current provisions in Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021.

213

Part 1

Preliminary

Part 1 Preliminary

Short title

1 Short title

These regulations may be cited as the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021 .

Commencement

2 Commencement

These regulations take effect on 1 June 2021.

Interpretation

3 Interpretation

(1) In these regulations, unless the contrary intention appears –

accessory number plate, in relation to a vehicle, means an additional number plate issued for attachment to a bicycle rack, or some other removable equipment or object, that may be attached to the vehicle;

Act means the Vehicle and Traffic Act 1999 ;

affected vehicle has the meaning given by subregulation (2) ;

agricultural includes horticultural;

agricultural implement means a vehicle, without its own automotive power, built to perform agricultural tasks;

agricultural machine means a vehicle, with its own automotive power, built to perform agricultural tasks (and includes a tractor that is used solely, or predominantly, to perform agricultural tasks);

agricultural task includes, but is not limited to –

(a) the cultivation of land; and

(b) the growing and harvesting of crops; and

(c) the breeding, or rearing, of livestock;

applicable scheduled fee, in relation to a matter, means the fee prescribed in Schedule 1 in respect of the matter and includes any other fee prescribed in that Schedule that is relevant in respect of that matter;

approved form, in relation to a document or item, means a form approved by the Registrar;

auction house means a person who sells, or exchanges, affected vehicles by way of public auction;

auto-parts dismantler means a person who carries on a business in respect of one or more of the following:

(a) demolishing or dismantling vehicles or parts or accessories of vehicles;

(b) buying vehicles that have been demolished or dismantled or substantially demolished or dismantled;

(c) buying and selling parts, or accessories, obtained from vehicles that have been demolished or dismantled;

caravan means a trailer that is constructed principally for use as a dwelling;

car licence means a licence referred to in regulation 7(3) ;

continuous period, in relation to a licence, means a period for which the licence is held that does not include a period during which the licence is suspended;

converter dolly means a trailer with a single axle, or a single axle group, with a fifth wheel coupling designed to convert a semi-trailer into a dog trailer;

dealer means a person who carries on one or more of the following businesses:

(a) buying vehicles;

(b) selling vehicles;

(c) exchanging vehicles;

DLVR means these regulations;

dog trailer means a trailer, including a trailer consisting of a semi-trailer and converter dolly, with –

(a) one axle group or a single axle at the front that is steered by connection to the towing vehicle by a drawbar; and

(b) one axle group or a single axle at the rear;

dolly means a trailer that –

(a) is not constructed or adapted for the carriage of goods; and

(b) forms, or is intended to form, part of a combination consisting of a prime mover and semi-trailer; and

(c) when used for its intended purpose –

(i) is connected to, and partly superimposed on, the chassis of the prime mover; and

(ii) has the semi-trailer connected to, and superimposed on, it;

eligible asylum seeker means –

(a) the holder of a Bridging (Class WE) (Subclass 050 or 051) visa granted under section 73 of the Migration Act 1958 of the Commonwealth; and

(b) a person who is subject to a residence determination that has been made under section 197AB of the Migration Act 1958 of the Commonwealth;

eligible pensioner means –

(a) a pensioner; or

(b) a person with a severe disability; or

(c) the parent or guardian of a person who has a severe disability and has not attained the age of 16 years;

fifth wheel coupling means a device, except the upper rotating element and the kingpin (which are parts of the semi-trailer), used with a prime mover, semi-trailer or converter dolly, to allow quick coupling and uncoupling and to provide for articulation;

garage address means –

(a) in relation to a heavy vehicle – the principal depot or base of operations of the vehicle; or

(b) in relation to any other vehicle –the place where the vehicle is normally kept;

heavy combination vehicle licence means a licence referred to in regulation 7(7) ;

heavy rigid vehicle licence means a licence referred to in regulation 7(6) ;

heavy vehicle charging category means a statement, in coded form, of information about a heavy vehicle and any combination in which the heavy vehicle may be used that is relevant to the calculation of motor tax;

heavy vehicle licence means a licence, other than a car licence, in the hierarchy of licence classes;

hierarchy of licence classes means the hierarchy established by regulation 6(3) ;

hire and drive vehicle means a vehicle used to operate a hire and drive passenger service within the meaning of the Passenger Transport Services Act 2011 ;

HVNL means the Heavy Vehicle National Law (Tasmania) within the meaning of the Heavy Vehicle National Law (Tasmania) Act 2013 ;

I condition means the condition specified in regulation 33(3)(f) ;

insurer means –

(a) a person who carries on the business of insuring vehicles; and

(b) a self-insured fleet operator; and

(c) a prescribed person or a person of a prescribed class of persons;

interlock means a device or system, approved by the Registrar, that –

(a) is capable of being installed in a motor vehicle; and

(b) once installed, only allows the engine of the motor vehicle in which it is installed to be started after the device or system –

(i) analyses a breath sample provided by the intended driver of the motor vehicle; and

(ii) detects that the breath sample so analysed contains a level of alcohol concentration below the limit set internally within the device or system;

interlock licence means a driver licence that is subject to an I condition;

large passenger vehicle has the same meaning as in the Passenger Transport Services Act 2011 ;

[Regulation 3 Subregulation (1) amended by S.R. 2023, No. 89, Applied:20 Dec 2023]

[Regulation 3 Subregulation (1) amended by S.R. 2023, No. 89, Applied:20 Dec 2023] learner approved motor cycle means a motor cycle that –

(a) has either –

(i) an engine capacity of 660cc or less and a power-to-weight ratio not exceeding 150 kilowatts to one tonne; or

(ii) an electric motor with a power output not exceeding 25 kilowatts; and

(b) is approved by the Registrar as a learner approved motor cycle, or belongs to a class of motor cycles approved by the Registrar as learner approved motor cycles, for the purposes of these regulations;

learner driver logbook means the logbook referred to in regulation 24(1) ;

licence production fee means the fee of that name prescribed in Part 1 of Schedule 1 ;

light rigid vehicle licence means a licence referred to in regulation 7(4) ;

loss assessor means a person employed or engaged, by either an insurer of a vehicle or a person who has insured a vehicle with an insurer, to prepare and lodge claims in respect of loss of, or damage to, the vehicle against the insurer;

L-plate has the same meaning as in regulation 12(2) ;

luxury hire car has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008 ;

maximum engine power, in relation to a motor cycle, means the maximum engine power of the motor cycle;

medium rigid vehicle licence means a licence referred to in regulation 7(5) ;

modification, in relation to a vehicle or part of a vehicle, includes –

(a) the addition of a component to, or the removal of a component from, the vehicle; and

(b) a change to the vehicle that is not within the manufacturer's specifications for the vehicle;

modification plate means a plate, that is capable of being fitted or affixed to a vehicle, that is –

(a) issued in relation to a modification under these regulations in an approved form; or

(b) a plate or label that complies with section 87(4) of the HVNL; or

(c) issued or approved, in relation to a modification, in accordance with a corresponding law;

modification specifications means the requirements specified by the Registrar for modifications, and vehicles so modified, under regulation 138(3) ;

motor cycle learner stage means the learner licensing stage applicable to a person who, in relation to a motor cycle licence –

(a) is the holder of a learner licence; or

(b) has previously held a learner licence and has not progressed to the P1 stage by obtaining a P1 provisional licence;

motor cycle licence means a licence referred to in regulation 7(2) ;

multi-combination vehicle licence means a licence referred to in regulation 7(8) ;

night means the period between sunset on one day and sunrise on the next day;

novice case management program means the system of case management referred to in regulation 20 ;

novice driver learner stage means the learner licensing stage applicable to a novice driver who, in relation to a car licence –

(a) holds, or is taken to hold, a learner licence; or

(b) has previously held a P1 provisional licence or P2 provisional licence that –

(i) has been expired for 5 years or more; or

(ii) has been cancelled;

P1 provisional licence means a provisional licence in respect of a particular licence class issued to a novice driver or novice rider who is in the P1 stage for that particular licence class;

P1 stage means the provisional licensing stage applicable to a novice driver or novice rider who, in relation to a particular licence class has progressed beyond the motor cycle learner stage, or the novice driver learner stage, by obtaining a P1 provisional licence but has not held that licence for 12 continuous months, or for any further continuous period for which he or she is required to hold a P1 provisional licence as a result of –

(a) the novice case management program; or

(b) being required to recommence the P1 stage under section 13B of the Act;

P2 provisional licence means a provisional licence in respect of a particular licence class issued to a novice driver or novice rider who is in the P2 stage for that particular licence class;

P2 stage means the provisional licensing stage applicable to a novice driver or novice rider who, in relation to a particular licence class, has progressed beyond the P1 stage and holds a P2 provisional licence in respect of that class;

pensioner means a person who is –

(a) the holder of a current health care card issued in accordance with the Social Security Act 1991 of the Commonwealth; or

(b) the holder of a current pensioner concession card issued in accordance with the Social Security Act 1991 of the Commonwealth or as a fringe benefit under the Veterans' Entitlements Act 1986 of the Commonwealth; or

(c) the holder of a current Gold Card or White Card issued in accordance with the Veterans' Entitlements Act 1986 of the Commonwealth;

photograph includes an image, in an approved form, generated by optical, digital or electronic technology that is capable of producing, in colour, a good likeness of the subject of the photograph;

power-to-weight ratio, in relation to a motor cycle, means the ratio of the maximum engine power, in kilowatts, of the motor cycle to the prescribed weight, converted to tonnes, of the motor cycle;

prescribed weight, in relation to a motor cycle, means the tare weight, in kilograms, of the motor cycle plus 90 kilograms;

primary licence, in relation to an ancillary certificate, has the meaning given by regulation 50(1) ;

register of motor vehicles and trailers means the register kept under regulation 159(1)(a)(ii) ;

registration payment means, for the relevant registration period –

(a) each applicable scheduled fee for the registration, or the renewal of the registration; and

(b) the motor tax payable, if any; and

(c) if a number plate or number plates are to be issued – the applicable scheduled fee, if any, for the issue of the number plate or number plates; and

(d) the third-party insurance premium payable, if any; and

(e) the road safety levy, if any;

relevant vehicle standards means standards and requirements imposed by law about the design, construction and performance of a vehicle;

residential address, in relation to a company or other body corporate, means the address of its registered office, or an address recorded in the register of motor vehicles and trailers as its residential or business address;

restricted hire vehicle has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008 ;

road safety levy means the levy imposed under regulation 157 ;

roadworthy, in relation to a vehicle, means that the vehicle is fit to be used for the purpose for which it is being, or is to be, used on a public street;

RR means the Road Rules;

safety risk means a risk of personal injury, or damage to property or the environment;

self-insured fleet operator means a person who operates 3 or more vehicles and does not hold a policy of insurance in respect of the loss of, or damage to, any of those vehicles;

self-propelled personal transportation device means a two-wheeled, self-balancing, battery-powered personal transportation device for which a short term unregistered vehicle permit is in force authorising its use on a public street;

severe disability means a permanent disability which, in the Registrar's opinion, prevents a person from using public transport without assistance;

small passenger vehicle has the same meaning as in the Passenger Transport Services Act 2011 ;

special-interest registration, in relation to a vehicle, means that the registration of the vehicle is subject to a condition, imposed under regulation 84 , that the Registrar has determined means the vehicle holds special-interest registration;

special-interest vehicle means –

(a) a motor vehicle designed or adapted to be used exclusively in motoring or other events conducted for charitable purposes; or

(b) a motor vehicle designed or adapted to be used exclusively in rallies conducted by a sports organisation approved by the Registrar; or

(c) a vintage vehicle;

TA means the Traffic Act 1925 ;

taxi has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008 ;

third-party insurance premium means an insurance premium payable under the Motor Accidents (Liabilities and Compensation) Act 1973 ;

vehicle defect notice means a notice issued under Division 9 of Part 6 or the corresponding provision of a corresponding law;

vehicle identifier means –

(a) in the case of a vehicle manufactured before January 1989 –

(i) if the Registrar has issued a vehicle reference number for the vehicle under regulation 80 , that number; or

(ii) if the Registrar has issued a surrogate vehicle identifier for the vehicle under regulation 140 , that identifier; or

(iii) if a number that is permanently recorded on the vehicle corresponds to a number recorded in respect of the vehicle in the register of motor vehicles and trailers or an equivalent register in another jurisdiction, that number; or

(iv) in any other case, the number shown on the compliance plate that uniquely identifies the vehicle and corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; and

(b) in the case of a vehicle manufactured during or after January 1989 –

(i) if the Registrar has issued a vehicle reference number for the vehicle under regulation 80 , that number; or

(ii) if the Registrar has issued a surrogate vehicle identifier for the vehicle under regulation 140 , that identifier; or

(iii) in any other case, the VIN allocated to the vehicle;

vintage vehicle means a motor vehicle having a body and frame that –

(a) are at least 30 years old; or

(b) are replicas of a body and frame manufactured at least 30 years ago;

VT means the Vehicle and Traffic Act 1999 ;

war service means service declared to be war service under subregulation (3) ;

written-off vehicle label means a label issued by the Registrar under regulation 110(1) ;

written-off vehicles register means the register kept under regulation 159(1)(a)(iv) .

(2) A vehicle is an affected vehicle if –

(a) it has a GVM of 4.5 tonnes or less; and

(b) the end of the month which is the fifteenth anniversary of its date of manufacture, within the meaning of the relevant ADR, has not passed.

(3) The Governor may, by notice in the Gazette, declare that service in a specified war, or in specified warlike operations, is war service for the purposes of these regulations.

(4) In these regulations, a reference to a licence by a class of licence means a reference to the licence of that class as established under regulation 6 .

Determination of suitability of person to hold driver licence, ancillary certificate or exemption

4 Determination of suitability of person to hold driver licence, ancillary certificate or exemption

For the purposes of these regulations, the Registrar may take into account the following evidence when determining whether a person is a suitable person to hold a driver licence, an ancillary certificate or an exemption:

(a) evidence of the person's physical and mental condition;

(b) evidence of the person's character;

(c) evidence of any offence committed by the person that may indicate that the person is not a fit and proper person to hold the driver licence, ancillary certificate or exemption;

(d) any other evidence that suggests the person may not be a fit and proper person to hold the driver licence, ancillary certificate or exemption.

Learner approved motor cycles

5 Learner approved motor cycles

If requested by a person, the Registrar is to provide the person with a list of motor cycles, and classes of motor cycles, that are approved by the Registrar as required under paragraph (b) of the definition of learner approved motor cycle in regulation 3(1) .

Part 2

Driver Licences

Part 2 Driver Licences

Division 1

Classes of driver licences

Division 1 Classes of driver licences

Classes of driver licences

6 Classes of driver licences

(1) The classes of driver licences are established as follows:

(a) motor cycle licence (R);

(b) car licence (C);

(c) light rigid vehicle licence (LR);

(d) medium rigid vehicle licence (MR);

(e) heavy rigid vehicle licence (HR);

(f) heavy combination vehicle licence (HC);

(g) multi-combination vehicle licence (MC).

(2) For the purposes of the Act, a class of driver licence may be referred to by reference to the code shown in parenthesis in subregulation (1) after the relevant class.

(3) A hierarchy of licence classes is established consisting of the following licence classes as listed in ascending order:

(a) a car licence or its equivalent under a corresponding law;

(b) a light rigid vehicle licence or its equivalent under a corresponding law;

(c) a medium rigid vehicle licence or its equivalent under a corresponding law;

(d) a heavy rigid vehicle licence or its equivalent under a corresponding law;

(e) a heavy combination vehicle licence or its equivalent under a corresponding law;

(f) a multi-combination vehicle licence or its equivalent under a corresponding law.

(4) For the avoidance of doubt, a motor cycle licence is not within the hierarchy of licence classes.

Authority conferred by licences

7 Authority conferred by licences

(1) A driver licence of a class specified in regulation 6(1) authorises the holder of the licence to drive a motor vehicle of a particular kind on a public street as set out in this regulation.

(2) A motor cycle licence authorises the holder of the licence to drive a motor cycle.

(3) A car licence authorises the holder of the licence to drive a motor vehicle, other than a motor cycle, that –

(a) has a GVM of 4.5 tonnes or less; and

(b) is constructed or equipped to seat not more than 12 adults including the driver.

(4) A light rigid vehicle licence authorises the holder to drive a motor vehicle, other than a motor cycle, that –

(a) has a GVM of 4.5 tonnes or less and is constructed or equipped to seat more than 12 adults including the driver; or

(b) has a GVM greater than 4.5 tonnes but not greater than 8 tonnes.

(5) A medium rigid vehicle licence authorises the holder to drive a motor vehicle, other than a motor cycle, that –

(a) has not more than 2 axles; and

(b) has a GVM greater than 8 tonnes.

(6) A heavy rigid vehicle licence authorises the holder to drive a motor vehicle, including an articulated bus but not any other articulated vehicle, other than a motor cycle, that –

(a) has 3 or more axles; and

(b) has a GVM greater than 8 tonnes.

(7) A heavy combination vehicle licence authorises the holder to drive –

(a) a prime mover to which is attached a single semi-trailer and an unladen converter dolly; or

(b) a prime mover to which is attached a dolly and a single semi-trailer; or

(c) a rigid motor vehicle towing –

(i) a trailer with a GVM greater than 9 tonnes; and

(ii) an unladen converter dolly.

(8) A multi-combination vehicle licence authorises the holder to drive any motor vehicle, or combination of vehicles, other than a motor cycle.

(9) A car licence or light rigid vehicle licence only authorises the holder to drive a motor vehicle towing a trailer if –

(a) the licence would authorise the holder to drive the motor vehicle without the trailer; and

(b) the motor vehicle is towing only one trailer.

(10) A medium rigid vehicle licence or heavy rigid vehicle licence only authorises the holder to drive a motor vehicle towing a trailer if –

(a) the licence would authorise the holder to drive the vehicle without the trailer; and

(b) the motor vehicle is not an articulated bus and is towing only one trailer; and

(c) the GVM of the trailer is not greater than 9 tonnes.

(11) A licence in the hierarchy of licence classes authorises the holder of the licence to drive not only the vehicles appropriate to that class of licence but also vehicles appropriate to any lower class in the hierarchy.

(12) A driver licence does not authorise the holder of the licence to drive a vehicle transporting dangerous goods for which an additional licence or authority is required under the Dangerous Goods (Road and Rail Transport) Act 2010 .

Division 2

Learner, provisional and other inexperienced drivers

Division 2 Learner, provisional and other inexperienced drivers

Novice licensing stages

8 Novice licensing stages

(1) Before being eligible to be issued with a full licence in relation to a motor cycle, a novice rider must complete the following novice licensing stages, in ascending order:

(a) motor cycle learner stage;

(b) P1 stage;

(c) P2 stage.

(2) Before being eligible to be issued with a full licence in relation to a car, a novice driver must complete the following novice licensing stages, in ascending order:

(a) novice driver learner stage;

(b) P1 stage;

(c) P2 stage.

(3) A person who has progressed to the next novice licensing stage in relation to a particular licence class does not, by virtue of that progression, progress to the next novice licensing stage in relation to another licence class.

Learner drivers

9 Learner drivers

(1) A person has the status of a learner driver in relation to the driving of motor vehicles for which a driver licence of a particular class is required unless –

(a) the person successfully completes –

(i) each training course required by the Registrar for progressing beyond that status; and

(ii) each other theoretical and practical requirement required by the Registrar for progressing beyond that status; or

(b) the person successfully completes –

(i) each training course required under a corresponding law for progressing beyond that status; and

(ii) each other theoretical and practical requirement required under a corresponding law for progressing beyond that status –

and the Registrar recognises that progression for the purposes of these regulations.

(2) A person who has progressed beyond the status of a learner driver in relation to the driving of motor vehicles for which a driver licence of a particular class is required reverts to the status of learner driver if –

(a) the person has not held an Australian driver licence of the relevant class for the past 5 years; or

(b) an Australian driver licence, including a provisional licence, of the relevant class has been cancelled and the Registrar determines, on an application for the issue of a driver licence, that the licence is to be issued as a learner licence.

(3) A person who has progressed beyond the status of a learner driver in relation to the driving of motor vehicles for which a driver licence of a particular class is required has the status of a learner driver in relation to the driving of motor vehicles for which a driver licence of a higher class in the hierarchy of licence classes is required.

(4) A person is taken to have progressed beyond the status of a learner driver in relation to the driving of motor vehicles of a particular class if the Registrar determines that, in view of the person's experience in driving motor vehicles of the relevant class, the person should not be a learner driver for that class.

Learner licences

10 Learner licences

(1) A car licence or a motor cycle licence issued to a person who has the status of a learner driver must be issued as a learner licence.

(2) A driver licence, of any class, may also be issued as a learner licence if –

(a) the applicant holds a licence in the hierarchy of licence classes that is 2 or more grades lower than the licence for which the application is made; or

(b) the applicant formerly held a licence of the relevant class, but has reverted to the status of a learner driver in accordance with regulation 9(2) .

(3) A learner licence may be issued subject to conditions restricting the times and places at which, and the purposes for which, a motor vehicle may be driven by the holder of the licence and other conditions that the Registrar considers appropriate.

(4) A person who holds a licence of a particular class who intends to learn to drive motor vehicles for which a licence of the next class in the hierarchy of licence classes is required may drive such motor vehicles, as a learner driver, as if the licence held by the person were a learner licence of the relevant class.

Duration of learner licence

11 Duration of learner licence

(1) A learner licence, other than a heavy vehicle learner licence, is to be issued –

(a) for 5 years in the case of a novice driver other than a novice rider; and

(b) for 12 months in any other case.

(2) A heavy vehicle learner licence expires –

(a) if the licensee holds only one other driver licence other than a learner licence, on the date on which the other licence expires; or

(b) if the licensee holds more than one other driver licence other than a learner licence, on the latest expiry date of those licences.

Requirements for certain learner drivers

12 Requirements for certain learner drivers

(1) In this regulation –

driving assessment officer means any of the following persons who is testing or assessing a driver for the purposes of these regulations:

(a) a police officer;

(b) a person acting on behalf of the Registrar;

(c) a person –

(i) employed, contracted or otherwise connected with an organisation that has a written agreement with the Department to provide testing or assessing; and

(ii) who tests or assesses the driver in accordance with such an agreement.

(2) A person must not drive a motor vehicle on a public street under the authority of a learner licence unless a sign issued or authorised by the Registrar displaying the letter "L" in black lettering on a yellow background (an L-plate) is displayed so as to be clearly visible –

(a) in the case of a motor cycle, at the rear of the motor cycle; or

(b) in the case of any other motor vehicle, from the front and rear of the motor vehicle or, if the motor vehicle is towing a trailer and the trailer would obscure the visibility of the letter displayed at the rear of the motor vehicle, from the front of the motor vehicle and from the rear of the trailer.

Penalty:  Fine not exceeding 5 penalty units.

(3) A person must not drive a motor vehicle, other than a motor cycle, on a public street under the authority of a learner licence unless –

(a) the driver is accompanied by –

(i) a person who holds a full licence, other than a restricted driver licence, of a class that would authorise the person to drive the vehicle, has held such a licence continuously for the previous 12-month period, and is instructing the driver to drive; or

(ii) a driving assessment officer who is testing or assessing the driver for the purposes of these regulations; and

(b) the person instructing the driver, or the driving assessment officer submitting the driver to a test or an assessment, is –

(i) in the case of a car or truck, seated next to the driver on a seat in the same general transverse plane as the driver's seat; or

(ii) in the case of a bus, seated directly behind the front door of the bus or seated or standing in some other appropriate position close to the driver; and

(c) there is no-one between the driver and the person instructing the driver, or the driving assessment officer submitting the driver to the test or assessment.

Penalty:  Fine not exceeding 20 penalty units.

(4) A novice driver who holds a learner licence for a car must not tow another vehicle while driving on a public street.

Penalty:  Fine not exceeding 20 penalty units.

(5) The holder of a motor cycle licence issued as a learner licence must not drive a motor cycle on a public street carrying another person unless –

(a) the other person –

(i) has held a motor cycle licence, other than a learner licence, for a continuous period of at least 3 years and continues to hold such a licence; and

(ii) is being carried for the purpose of giving driving instruction to the driver and is seated next to the driver in a side car or behind the driver on a pillion seat; and

(b) the driver and the other person are the only persons who are being carried on the motor cycle.

Penalty:  Fine not exceeding 20 penalty units.

(6) The holder of a motor cycle licence issued as a learner licence must not drive a motor cycle on a public street unless the motor cycle is a learner approved motor cycle.

Penalty:  Fine not exceeding 20 penalty units.

Requirements for all drivers in respect of learner drivers

13 Requirements for all drivers in respect of learner drivers

(1) If an L-plate is displayed on a motor vehicle, a person must not drive the motor vehicle on a public street unless the person is driving the vehicle under the authority of a learner licence.

Penalty: Fine not exceeding 2 penalty units.

(2) A person must not employ, cause or permit another person to drive a motor vehicle in contravention of one or more of the following:

(a) regulation 12 ;

(b) this regulation.

Penalty: Fine not exceeding –

(a) if the contravention relates to regulation 12(3) , (5) or (6) – 20 penalty units; or

(b) in any other case – 5 penalty units.

Unaccompanied driver offence

14 Unaccompanied driver offence

For the purposes of the definition of definition of unaccompanied driver offence in section 3 of the Act, an offence against regulation 12(3) is prescribed as an unaccompanied driver offence.

Provisional licences

15 Provisional licences

(1) In this regulation –

provisional licence does not include a restricted driver licence issued to a person who has not progressed beyond the status of a provisional driver.

(2) A driver licence of a particular class issued to a person who has progressed beyond the status of a learner driver, but who has not progressed beyond the status of a provisional driver, is to be issued as a provisional licence.

(3) A person progresses beyond the status of a provisional driver in relation to the driving of motor vehicles for which a licence of a particular class is required, if the person –

(a) obtains a provisional licence in relation to that class under these regulations or a corresponding law; and

(b) holds that licence for the relevant period specified in regulation 16(2) ; and

(c) obtains a full licence in relation to that licence class.

(4) A person is only required to progress beyond the status of a provisional driver in relation to a particular licence class once.

(5) A person who has progressed beyond the status of a provisional driver in relation to a car does not, solely by virtue of that progression, progress beyond the status of a provisional driver in relation to a motor cycle.

(6) A person who has progressed beyond the status of a provisional driver in relation to a motor cycle does not, solely by virtue of that progression, progress beyond the status of a provisional driver in relation to a car.

(7) The holder of a provisional licence issued in another State or a Territory who wishes to be issued with a Tasmanian licence may be issued with –

(a) a P1 provisional licence if he or she has held the interstate provisional licence for 12 months or less; or

(b) a P2 provisional licence if he or she has held the interstate provisional licence for more than 12 months.

Duration of provisional licences

16 Duration of provisional licences

(1) A provisional licence, under regulation 15 , is to be issued –

(a) for a period of 12 months in the case of a P1 provisional licence; or

(b) for a period of up to 2 years in the case of a P2 provisional licence.

(2) Subject to subregulation (3) , a person is to hold –

(a) a P1 provisional licence for at least 12 continuous months; and

(b) a P2 provisional licence for at least –

(i) in the case of a person aged less than 23 years at the time of obtaining the P2 provisional licence, 2 years; or

(ii) in the case of a person aged 23 years but less than 25 years at the time of obtaining the P2 provisional licence, 12 months or until the person attains the age of 25 years, whichever is longer; or

(iii) in the case of a person aged 25 years or older at the time of obtaining the P2 provisional licence, 12 months.

(3) Subregulation (2) is subject to the following qualifications:

(a) none of the following periods are to be counted as part of a period for which a person has held a provisional licence:

(i) a period for which the provisional licence is suspended;

(ii) the period between the cancellation of a provisional licence and the issue of a new provisional licence to the holder of the licence so cancelled;

(iii) a period for which the person is disqualified from driving and, if the period of disqualification is more than 4 months, and the licence is not suspended or cancelled, the period between the end of the disqualification period and the date on which a new licence is issued to the person;

(iv) a period for which the person is subject to a period of ineligibility under the demerit points scheme;

(v) a period for which the person held a provisional licence before being regressed under section 13A of the Act, as in force before the commencement of the Vehicle and Traffic Amendment (Probationary Licences) Act 2017, or being required to recommence a provisional period under section 13B of the Act;

(b) if a person's provisional licence is suspended during the P1 stage –

(i) in addition to paragraph (a)(i) , the period for which the person has held the provisional licence before the suspension is also not to be counted; and

(ii) the period for which the person is required to hold a provisional licence is determined as if he or she had not held a provisional licence before the suspension comes to an end, irrespective of whether the person in fact then obtains a new provisional licence;

(c) if a person's provisional licence is cancelled during the P1 stage –

(i) in addition to paragraph (a)(ii) , the period for which the person has held a provisional licence before the issue of a new provisional licence is also not to be counted; and

(ii) the period for which the person is required to hold a provisional licence is determined as if the person first obtains a provisional licence when a new provisional licence is issued after the cancellation;

(d) if, during the P1 stage, a person is disqualified from driving for more than 4 months after the provisional licence has expired –

(i) in addition to paragraph (a)(iii) , the period for which the person has held a provisional licence before the end of the period of disqualification is also not to be counted; and

(ii) the period for which the person is required to hold a provisional licence is determined as if the person first obtains a provisional licence when a new provisional licence is issued;

(e) if, during the P1 stage, a person is disqualified from driving for 4 months or less or becomes subject to a period of ineligibility under the demerit points scheme after the provisional licence has expired –

(i) in addition to paragraph (a)(iv) , the period for which the person has held a provisional licence before the disqualification or ineligibility is also not to be counted; and

(ii) the period for which the person is required to hold a provisional licence is determined as if he or she had not held a provisional licence before the period of disqualification, or ineligibility, comes to an end, irrespective of whether the person in fact then obtains a new provisional licence.

Requirements for holders of P1 and P2 provisional licences

17 Requirements for holders of P1 and P2 provisional licences

(1) In this regulation –

authorised emergency vehicle means –

(a) a fire engine or other vehicle of which the State Fire Commission is the registered operator or which is operated under the authority of the State Fire Commission; or

(b) an ambulance operating under the authority of the Commissioner of Ambulance Services.

(2) Subject to subregulation (4) , a person who is in the P1 stage must not drive a motor vehicle on a public street unless a sign issued or authorised by the Registrar displaying the letter “P” in red lettering on a white background (a P-plate) is displayed so as to be clearly visible –

(a) in the case of a motor cycle, at the rear of the motor cycle; or

(b) in the case of any other motor vehicle, from the front and rear of the motor vehicle or, if the motor vehicle is towing a trailer and the trailer would obscure the visibility of the letter displayed at the rear of the motor vehicle, from the front of the motor vehicle and from the rear of the trailer.

Penalty:  Fine not exceeding 5 penalty units.

(3) Subject to subregulation (4) , a person who is in the P2 stage must not drive a motor vehicle on a public street unless a sign issued or authorised by the Registrar displaying the letter “P” in green lettering on a white background (a P-plate) is displayed so as to be clearly visible –

(a) in the case of a motor cycle, at the rear of the motor cycle; or

(b) in the case of any other motor vehicle, from the front and rear of the motor vehicle or, if the motor vehicle is towing a trailer and the trailer would obscure the visibility of the letter displayed at the rear of the motor vehicle, from the front of the motor vehicle and from the rear of the trailer.

Penalty:  Fine not exceeding 5 penalty units.

(4) A person is not subject to the requirements of subregulation (2) or (3) if that person –

(a) is driving an authorised emergency vehicle to or from the scene of an emergency; or

(b) is a police officer driving a motor vehicle in the course of official duties; or

(c) is an emergency management worker, within the meaning of the Emergency Management Act 2006 , driving a motor vehicle for the purposes of an emergency within the meaning of that Act.

(5) A person must not employ, cause or permit another person to drive a motor vehicle in contravention of this regulation.

Penalty:  Fine not exceeding 5 penalty units.

Special restrictions affecting P1 provisional licence holders

18 Special restrictions affecting P1 provisional licence holders

(1) The holder of a P1 provisional licence in the class of driver licence must not drive, under the authority of that licence on a public street, a vehicle that is carrying more than one passenger who has attained the age of 16 years but has not attained the age of 22 years.

Penalty: Fine not exceeding 20 penalty units.

(2) Subregulation (1) does not apply to the holder of a P1 provisional licence, driving a vehicle that is carrying more than one passenger who has attained the age of 16 years but has not attained the age of 22 years, if –

(a) the holder of the licence has attained the age of 25 years; or

(b) the other passenger is the spouse, the partner or an immediate family member of the holder of the licence; or

(c) the holder of the licence is operating the motor vehicle as part of his or her duties as an emergency worker, within the meaning of the Road Rules 2019 , and the transportation of the other passenger forms part of those duties; or

(d) the holder of the licence is operating the motor vehicle, and transporting the other passenger, for one or more of the following purposes:

(i) travelling to and from, or for, work whether the work is paid or voluntary;

(ii) travelling to and from, or for, a recognised educational or training activity;

(iii) to facilitate the medical treatment of, or for other medical purposes for, the holder of the licence or a passenger; or

(e) the inability of the holder of the licence to transport the other passenger is reasonably likely to cause undue hardship to the family of the driver or the other passenger.

(3) Subregulation (1) does not apply to the holder of a P1 provisional licence who is driving a vehicle if –

(a) the person seated next to the driver, on a seat in the same general transverse plane as the driver's seat, holds a full licence, of a class that would authorise the person to drive the vehicle, and, within the previous 12-month period –

(i) that person has not been disqualified; or

(ii) that licence has not been suspended because of the accumulation of demerit points; and

(b) there is no-one between the driver and the person referred to in paragraph (a); and

(c) the person referred to in paragraph (a) intends to provide instruction to the driver if required.

(4) In this regulation –

immediate family member, of the holder of a licence, includes the following:

(a) a sibling of the holder of the licence, including a half-sibling or a step-sibling;

(b) a parent or guardian of the holder of the licence;

(c) a child of the parent, or guardian, of the holder of the licence;

partner means a partner within the meaning of the Relationships Act 2003 ;

spouse, of the holder of a licence, includes a person who is in a significant relationship, within the meaning of the Relationships Act 2003 , with the holder of the licence.

Special restrictions affecting motor cycle licences

19 Special restrictions affecting motor cycle licences

(1) The holder of a P1 provisional licence in relation to a motor cycle must not drive, on a public street, a motor cycle carrying another person.

Penalty:  Fine not exceeding 20 penalty units.

(2) The holder of a P1 provisional licence in relation to a motor cycle must not drive a motor cycle on a public street unless the motor cycle is a learner approved motor cycle.

Penalty:  Fine not exceeding 20 penalty units.

(3) Subregulation (2) does not apply where the holder of a P1 provisional licence has previously held a P2 provisional licence in relation to a motor cycle.

(4) A person must not employ, or cause or permit, another person to drive a motor cycle in contravention of this regulation.

Penalty:  Fine not exceeding 20 penalty units.

Novice case management program

20 Novice case management program

(1) In this regulation –

relevant licence, in relation to a novice driver or novice rider, means the licence that the driver or rider holds as a novice.

(2) The Registrar may decide that a novice driver, or novice rider, is to be subject to case management under the novice case management program, if –

(a) the novice driver or novice rider was found guilty, while he or she was such a novice, of –

(i) an offence under the Act, or any other Act, that relates to driving, or operating, a vehicle; or

(ii) such an offence under a corresponding law; or

(b) the Registrar is of the opinion, on reasonable grounds, that the novice driver or novice rider is not a suitable person to drive a motor vehicle of the relevant class without supervision and management that is additional to the supervision and management already required under the Act.

(3) The Registrar may decide that a novice driver, or novice rider, is to no longer be subject to the novice case management program if the Registrar is satisfied, on reasonable grounds, that the novice driver or novice rider is a suitable person to drive a motor vehicle of the relevant class without being subject to the novice case management program.

(4) The Registrar, as part of the case management of a novice driver, or novice rider, under this regulation, may –

(a) require the novice driver or novice rider to do any one or more of the following:

(i) hold the relevant licence for a minimum period, specified in his or her novice case management program, that is in place of, or in addition to, any minimum period specified in the Act or these regulations;

(ii) complete the hours specified by the Registrar in a learner driver logbook before being eligible to proceed to the next licensing stage for the novice driver; or

(b) impose one or more of the following, specifically as part of the novice case management program, on the novice driver or novice rider:

(i) additional requirements, such as those specified in regulation 27 ;

(ii) additional conditions on the relevant licence; or

(c) issue a licence for a different stage than the one applied for, by the novice driver or novice rider, in accordance with these regulations; or

(d) if the licence is a provisional licence, extend the duration of the relevant licence; or

(e) do anything that the Registrar considers reasonable in the circumstances to ensure that the novice driver or novice rider is a suitable person to hold the relevant licence.

(5) A novice driver or novice rider who is subject to the novice case management program in respect of a particular class of licence is not eligible to apply for the next licensing stage in that class of licence while he or she remains subject to that program.

(6) Unless specifically stated by the Registrar, the renewal of the relevant licence of a novice driver or novice rider does not remove any obligation imposed by, or requirement of, the novice case management program that applies to the novice driver or novice rider.

(7) Nothing in this regulation –

(a) requires the Registrar to issue, or renew, a licence to a novice driver or novice rider solely on the basis that the novice driver or novice rider has complied with the novice case management program as it applies to that novice driver or novice rider; or

(b) prevents the Registrar from exercising any of his or her powers, or from performing his or her functions, in relation to –

(i) the novice driver or novice rider; or

(ii) the relevant licence of the novice driver or novice rider.

Recommencement or extension of provisional period on conviction for prescribed offence

21 Recommencement or extension of provisional period on conviction for prescribed offence

(1) In this regulation –

relevant offence means a prescribed offence within the meaning of section 13B of the Act.

(2) For the purposes of section 13B of the Act, the following are prescribed offences:

(a) exceeding the applicable speed-limit by 10km/h or more;

(b) using a hand-held mobile phone, in contravention of regulation 300(1) or (1A) of the Road Rules or a substantially equivalent law of another jurisdiction;

(c) failing to wear a seatbelt, in contravention of regulation 264(1) of the Road Rules or a substantially equivalent law of another jurisdiction;

(d) failing to wear a helmet, in contravention of regulation 270(1) of the Road Rules or a substantially equivalent law of another jurisdiction;

(e) failing to display P-plates, in contravention of regulation 17(2) or (3) or a substantially equivalent law of another jurisdiction;

(f) transporting more than one passenger, who has attained the age of 16 years but not attained the age of 22 years, in contravention of regulation 18 or a substantially equivalent law of another jurisdiction;

(g) driving a motor cycle in contravention of regulation 19(2) or a substantially equivalent law of another jurisdiction.

(3) If a novice driver or novice rider is convicted of a relevant offence while he or she holds a P1 provisional licence, the period for which he or she has held the licence is to be ignored and he or she is taken to have been issued with the licence as at the date of the offence.

(4) If a novice driver or novice rider who is in the P1 stage is convicted of a relevant offence while he or she is not the holder of a P1 provisional licence –

(a) the period for which he or she previously held a P1 provisional licence is to be ignored; and

(b) he or she must obtain another P1 provisional licence and hold it for 12 continuous months before being eligible to apply for a P2 provisional licence.

(5) If a novice driver or novice rider in the P2 stage is convicted of a relevant offence that occurred while he or she was in the P1 stage, he or she is required to hold a P2 provisional licence for a period equivalent to the period from the date on which he or she was issued with a P1 provisional licence to the date of the offence, in addition to the period for which he or she is otherwise required to hold a P2 provisional licence under these regulations.

(6) For the avoidance of doubt, the novice case management program, as it applies to a novice driver or novice rider to which this regulation applies, is in addition to the application of this regulation to the novice driver or novice rider.

Division 3

Issue of driver licence

Division 3 Issue of driver licence

Calculation of certain periods

22 Calculation of certain periods

For the purposes of calculating, for this Division, the period for which a person has held an Australian driver licence –

(a) the Registrar must exclude any period for which –

(i) the person has held the licence as a learner licence; or

(ii) the person has been disqualified from driving by an Australian court or by the operation of an automatic statutory penalty; or

(iii) the licence has been suspended; and

(b) if the person has held a licence to drive a motor vehicle in an external territory or a foreign country, the Registrar may take into account all, or any part of, the period as if the licence had been an Australian driver licence.

Eligibility requirements for all licences

23 Eligibility requirements for all licences

(1) Subject to these regulations, a person is eligible to hold a driver licence if the person –

(a) is a resident of Tasmania; and

(b) has attained –

(i) in the case of a learner car licence, the age of 16 years; or

(ii) in the case of a learner motor cycle licence, the age of 16 years and 6 months; or

(iii) in the case of a provisional licence, the age of 17 years; or

(iv) in any other case, the age specified in regulation 25; and

(c) is physically and mentally fit to drive a motor vehicle of the relevant class; and

(d) unless the licence is to be issued as a learner licence, is competent to drive a motor vehicle of the relevant class; and

(e) has an adequate knowledge of the law governing road traffic; and

(f) satisfies any additional eligibility criteria prescribed under regulation 24 ; and

(g) is in all other respects a suitable person to hold the licence.

(2) For the avoidance of doubt, the holder of a valid foreign driver licence is not eligible to hold a driver licence solely on the basis that he or she holds the valid foreign driver licence.

(3) Subject to subregulation (4) , a person is not eligible to hold a driver licence other than a restricted driver licence –

(a) if the person –

(i) is currently disqualified from driving by order of an Australian court or by the operation of an automatic statutory penalty; or

(ii) is currently disqualified from driving under the law of a foreign country as a result of an offence that, if committed in Tasmania, is likely to have resulted in the person being disqualified from driving in Tasmania; or

(iii) is subject to a period of licence suspension or cancellation under the law of Tasmania or another Australian jurisdiction; or

(iv) is subject to a period of ineligibility to hold a driver licence under the law of Tasmania or another Australian jurisdiction; or

(b) if the person –

(i) has been ordered by a court to attend a prescribed course under section 18 of the Road Safety (Alcohol and Drugs) Act 1970 ; and

(ii) has not been issued with a certificate under section 18(8) of that Act certifying the person's attendance at, and satisfactory completion of, the course.

(4) If an applicant for a driver licence –

(a) is disqualified from driving under the law of another jurisdiction for an offence involving the use of alcohol or a drug until requirements relating to treatment, education, assessment or rehabilitation are complied with; and

(b) has not complied with those requirements in that other jurisdiction –

the Registrar may impose equivalent requirements and, if the applicant complies with those requirements to the Registrar's satisfaction, exempt the applicant from the ineligibility imposed under subregulation (3)(a) .

Additional eligibility requirements for certain licences

24 Additional eligibility requirements for certain licences

(1) A novice driver who holds a learner licence for a car is to maintain a learner driver logbook in an approved form.

(2) A novice driver in the novice driver learner stage, or a driver who has never held a full licence, in relation to a car, is required to meet the following criteria before applying for a P1 provisional licence:

(a) the person must have held a learner licence for a continuous period of –

(i) if the person is subject to a novice case management program and is required under the program to have held a learner licence for a continuous period of less than 12 months, that period so required; or

(ii) if the person is subject to a novice case management program and is required under the program to have held a learner licence for a continuous period of greater than 12 months, that period so required; or

(iii) in any other case, at least 12 months ending not more than 28 days before applying for the P1 provisional licence;

(b) the person must have at least –

(i) if the person is subject to a novice case management program and is required under the program to have a number of hours of experience driving a car on a public street less than 80 hours, that number of hours so required; or

(ii) if the person is subject to a novice case management program and is required under the program to have a number of hours of experience driving a car on a public street greater than 80 hours, that number of hours so required; or

(iii) in any other case, 80 hours of experience driving a car on a public street –

recorded in his or her learner driver logbook before applying for the P1 provisional licence.

(3) The hours of experience specified in subregulation (2)(b) must include at least 15 hours of experience driving a car at night.

(4) For the purposes of subregulation (2)(b) , the Registrar may determine that the successful completion of an activity is the equivalent of a number of hours, as determined by the Registrar, of experience driving a car.

(5) If the Registrar makes a determination under subregulation (4) –

(a) the Registrar may make the determination subject to such conditions as the Registrar considers appropriate; and

(b) the Registrar is to ensure that the determination is published, in any manner or form that the Registrar considers appropriate, while the determination remains in force.

(6) If the applicant's learner driver logbook has been lost, stolen or destroyed, he or she may provide a statutory declaration stating –

(a) that the learner driver logbook has been lost, stolen or destroyed; and

(b) the number of hours recorded in the learner driver logbook and the name of the person referred to in regulation 12(3)(a) .

(7) A holder of a learner motor cycle licence is required to meet the following additional eligibility criteria before applying for a P1 provisional motor cycle licence:

(a) if the applicant is a novice rider, the applicant must hold that licence for a continuous period of –

(i) if the person is subject to a novice case management program and is required under the program to have held a learner motor cycle licence for a continuous period of less than 6 months, that period so required; or

(ii) if the person is subject to a novice case management program and is required under the program to have held a learner motor cycle licence for a continuous period of greater than 6 months, that period so required; or

(iii) in any other case, at least 6 months ending not more than 28 days before applying for a motor cycle licence;

(b) the applicant must have attended and successfully completed one or more of the following, as approved by the Registrar, relating to the operation and driving of motor cycles:

(i) a training course;

(ii) an assessment that is written or practical or a combination of both;

(iii) a test that is written or practical or a combination of both;

(8) The Registrar may exempt a person from an eligibility requirement under subregulation (2)(a) if the person satisfies the Registrar that the exemption is justified in view of the person's age, experience, occupation or the special circumstances of the person's case.

Additional eligibility requirements for certain heavy vehicle licences

25 Additional eligibility requirements for certain heavy vehicle licences

(1) A person applying for a light rigid vehicle licence must have attained the age of 19 years, and have held an Australian driver licence of class C or above for at least 12 months, before applying for the licence.

(2) A person applying for a heavy rigid vehicle licence must have completed each of the following before applying for the licence:

(a) must have attained the age of 20 years;

(b) must have held an Australian driver licence of class C or above for at least 2 years;

(c) must have –

(i) held a licence of class LR or above for at least 12 months; or

(ii) passed an approved driver training course for the relevant licence class.

(3) A person applying for a heavy combination vehicle licence must have completed each of the following before applying for the licence:

(a) must have attained the age of 20 years;

(b) must have held an Australian driver licence of class C or above for at least 2 years;

(c) must have –

(i) held a licence of class MR or above for at least 12 months; or

(ii) passed an approved driver training course for the relevant licence class.

(4) A person applying for a multi-combination vehicle licence must have completed each of the following before applying for the licence:

(a) must have attained the age of 21 years;

(b) must have –

(i) held a licence of class HR or above for at least 12 months; or

(ii) passed an approved driver training course for the relevant licence class.

(5) The Registrar may exempt a person from an eligibility requirement under this regulation if the person –

(a) has attained the age of 17 years and has held an Australian driver licence, other than a learner licence, of class C or above, or a similar foreign driver licence, other than a learner licence, for at least 12 months; and

(b) satisfies the Registrar that the exemption is justified in view of the person's age, experience, occupation or the special circumstances of the person's case.

Application for driver licence

26 Application for driver licence

(1) An application for a driver licence must –

(a) be made to the Registrar in an approved form; and

(b) contain the information required in the approved form; and

(c) be accompanied by the evidence required by the Registrar of the applicant's –

(i) name; and

(ii) date of birth; and

(iii) residential address; and

(iv) eligibility to hold a driver licence of the relevant class; and

(d) if there is no postal service to the applicant's residential address, state a postal address for the service of notices on the applicant; and

(e) disclose details of any disqualification from driving imposed on the applicant under the law of Tasmania, another Australian jurisdiction, an external territory or a foreign country; and

(f) be accompanied by each applicable scheduled fee for the licence including, if the applicant has previously held a licence that has been cancelled, any fee payable in that case.

(2) An applicant for a driver licence must –

(a) submit to the taking of a photograph, for inclusion on the licence –

(i) by a person authorised by the Registrar to take such photographs; or

(ii) under alternative arrangements acceptable to the Registrar; and

(b) provide a specimen signature as required by the Registrar for inclusion on the licence.

(3) No fee is payable for the issue of a driver licence if –

(a) an application for the driver licence is made by a person who holds an Australian driver licence issued under a corresponding law; and

(b) the applicant is entitled to the issue of the driver licence under the principle of mutual recognition.

(4) A person who holds a driver licence of a particular class and who is eligible for, and intends to hold, a licence of another class must apply for the licence of the other class.

(5) A person who is disqualified from driving may, within one month before the end of the period of disqualification, make an application for a driver licence, other than a restricted driver licence, but, in that event, the driver licence is not to be issued until the period of disqualification has ended.

Additional requirements by Registrar

27 Additional requirements by Registrar

(1) The Registrar may require an applicant for a driver licence to do one or more of the following:

(a) to undergo a test or assessment, or complete a training course, or provide other evidence to the Registrar's satisfaction, of the applicant's competence to drive motor vehicles of the class for which the licence is sought;

(b) to submit to an examination, at the applicant's own expense, by a medical practitioner or a registered health care practitioner, or to produce other evidence to the Registrar's satisfaction, that the applicant is physically and mentally fit to drive motor vehicles of the class for which the licence is sought;

(c) to submit to a test to satisfy the Registrar that the applicant has an adequate knowledge of the law governing road traffic;

(d) to provide evidence, of a kind specified by the Registrar, establishing to the Registrar's satisfaction that –

(i) the applicant is, in other respects, a suitable person to hold a licence of the class sought by the applicant; or

(ii) the applicant has met any pre-conditions necessary, in the Registrar's opinion, for the licence of the class sought by the applicant to be issued, if otherwise eligible; or

(iii) the applicant is, in other respects, eligible to hold a licence of the class sought by the applicant.

(2) The Registrar may accept evidence obtained within or outside Tasmania for the purposes of this regulation.

(3) The fee payable for a test, assessment or training course required by the Registrar under this regulation is –

(a) if the test, assessment or training course is performed by an organisation that has an agreement with the Department to provide the test, assessment or training course, the fee specified by that organisation; or

(b) in all other cases, the applicable scheduled fee.

Issue of driver licences generally

28 Issue of driver licences generally

(1) Subject to these regulations, the Registrar must issue a driver licence of a particular class and type to an applicant if satisfied that the applicant is eligible to hold the licence.

(2) The Registrar must issue a driver licence of a lower class than the class of licence applied for under these regulations if –

(a) the application is for a driver licence of a particular class in the hierarchy of licence classes; and

(b) the Registrar is not satisfied that the applicant is eligible to hold a licence of the class sought in the application but is eligible to hold a licence of the lower class; and

(c) on the application, the applicant asks the Registrar to issue a licence of the lower class.

(3) A driver licence is to be issued as either or both of the following:

(a) a licence of a particular class in the hierarchy of licence classes;

(b) a motor cycle licence.

(4) If an applicant already holds an Australian driver licence, the applicant must surrender the licence before a new driver licence is issued under these regulations.

(5) If an applicant holds a foreign driver licence, the Registrar may require the applicant to surrender the licence before a driver licence is issued under these regulations.

(6) The Registrar must not issue a driver licence to an applicant if the applicant would, as a result, hold 2 or more Australian driver licences.

(7) A driver licence issued contrary to subregulation (6) is void.

(8) The Registrar may refuse to issue a driver licence to an applicant if the applicant has failed to pay a fine or other pecuniary penalty, or an instalment of a fine or other pecuniary penalty, arising out of the use of a motor vehicle in Australia.

(9) The Registrar may refuse to issue a driver licence if it appears appropriate to do so having regard to a judgment, order or decision of an Australian court.

Issue of interlock licences

29 Issue of interlock licences

(1) Despite regulation 28, the Registrar must issue a driver licence as an interlock licence if the Registrar is to issue the driver licence to a person who –

(a) applied for the driver licence to replace an Australian driver licence that was cancelled as a consequence of the person being convicted of an offence specified in subregulation (2) , unless the person –

(i) was the holder of a learner licence at the time the offence was committed; and

(ii) at the time the offence was committed, did not also hold a driver licence of a type other than a learner licence; or

(b) has a court order authorising the issue of a restricted driver licence to the person after his or her Australian driver licence was suspended or cancelled as a consequence of being convicted of a subsequent offence within the meaning of section 17 of the Road Safety (Alcohol and Drugs) Act 1970 ; or

(c) applied for the driver licence to replace an Australian driver licence that expired or was cancelled for any reason if the latter driver licence was an interlock licence and the I condition on the interlock licence had not been revoked by the Registrar under regulation 71 before the interlock licence expired or was cancelled.

(2) Subregulation (1) applies to the following offences:

(a) an offence under the Road Safety (Alcohol and Drugs) Act 1970 that involves a blood alcohol concentration of 0.15 or greater;

(b) a subsequent offence, within the meaning of section 17 of the Road Safety (Alcohol and Drugs) Act 1970 , if the previous offence and the subsequent offence both occur within a 5-year period;

(c) an offence in respect of a failure to comply with a direction made under section 10(4) of the Road Safety (Alcohol and Drugs) Act 1970 ;

(d) an offence under section 4 of the Road Safety (Alcohol and Drugs) Act 1970 for driving under the influence of intoxicating liquor;

(e) an offence in another jurisdiction that substantially corresponds to an offence referred to in this subregulation.

(3) Nothing in this regulation affects the Registrar's discretion to impose any condition, including an I condition, on any driver licence in any other circumstance.

Issue of probationary licences

30 Issue of probationary licences

(1) For the purposes of paragraph (ab) of the definition of probationary licence in the Act, a person has applied for a licence in prescribed circumstances if the person has applied for the licence –

(a) following a period of suspension from driving ordered by an Australian court; or

(b) following a period of suspension, or disqualification, from driving imposed under the Act or any other Act; or

(c) having previously held a driver licence which was cancelled in accordance with the Act or any other Act; or

(d) having previously held a driver licence and following a period of ineligibility to hold a driver licence –

(i) ordered by an Australian court; or

(ii) under the Act or any other Act; or

(e) to replace an equivalent licence issued under a corresponding law.

(2) For the purposes of paragraph (ac) of the definition of probationary licence in the Act, a person has completed a period of suspension, or disqualification, in prescribed circumstances if the person has completed –

(a) a period of suspension, or disqualification, from driving ordered by an Australian court; or

(b) a period of suspension, or disqualification, from driving imposed under the Act or any other Act.

(3) The Registrar may issue a driver licence as a probationary licence if the Registrar considers it appropriate in the circumstances.

Term of driver licences

31 Term of driver licences

(1) Subject to this regulation, a driver licence other than a driver licence receipt, is to be issued for a term of years specified in the licence of not less than one year and not more than 5 years.

(2) A driver licence receipt is issued for the period ending at the earliest of the following:

(a) the date stated in the receipt as the date on which the receipt expires;

(b) a driver licence, other than a driver licence receipt, is received by the person to whom it is issued;

(c) the Registrar, by notice in writing to the holder of the receipt, cancels the receipt on the ground that the receipt was issued in error.

(3) If a driver licence is issued to a person on the surrender of an Australian driver licence of an equivalent class issued under a corresponding law, the licence is to be issued for a term of 5 years, or the balance of the term of the surrendered licence, whichever is the shorter.

(4) If a driver licence is issued to a person on the surrender of a driver licence of a lower class in the hierarchy of licence classes, the new licence is to be issued for the balance of the term of the surrendered licence or some other term as agreed between the applicant and the Registrar.

(5) If a person who holds a driver licence in the hierarchy of licence classes becomes entitled to hold a motor cycle licence or, conversely, a person who holds a motor cycle licence becomes entitled to hold a driver licence of a particular class in the hierarchy of licence classes, a new driver licence of both classes is to be issued, on the surrender of the earlier licence, for the balance of the term of the surrendered licence or some other term as agreed between the applicant and the Registrar.

(6) If the earlier driver licence that is surrendered under subregulation (5) is an interlock licence, each class of driver licence specified on the licence that is issued under that subregulation, including a class of driver licence relating to a learner licence, is subject to the I condition.

Form of driver licences

32 Form of driver licences

(1) A driver licence, including a driver licence receipt, is to be in an approved form.

(2) A driver licence, other than a driver licence receipt, must include –

(a) a licence number; and

(b) the holder's name; and

(c) the holder's date of birth; and

(d) the holder's residential address; and

(e) a photograph of the holder; and

(f) the holder's signature or a reproduction of that signature; and

(g) the class of the licence, or if the licence is issued both as a licence of a particular class in the hierarchy of licence classes and as a motor cycle licence, both those classes; and

(h) the expiry date of the licence; and

(i) each condition to which the licence is subject; and

(j) any other information that the Registrar determines should be included on the licence.

(3) A licence condition may be shown on a driver licence by use of a code in accordance with regulation 33(3) or such other code determined by the Registrar.

(4) The holding of a heavy vehicle learner licence may be shown on a driver licence by means of a code determined by the Registrar.

Conditions on licences

33 Conditions on licences

(1) A driver licence is subject to the conditions, if any, imposed by the Registrar.

(2) In determining licence conditions, the Registrar –

(a) must have regard to the interests of road safety; and

(b) may attach, by way of condition, to a licence of a particular type or class a requirement that normally attaches to a licence of a different type or class.

(3) Without limiting subregulation (1) , the conditions may include one or more of the following:

(a) a condition that the holder of the licence must not drive a motor vehicle unless it is fitted with an automatic transmission (A);

(b) a condition that the holder of the licence must not drive a motor cycle unless it is fitted with an automatic transmission (A1);

(c) a condition that the holder of the licence must not drive a heavy vehicle unless it is fitted with an automatic transmission (A2);

(d) a condition that the holder of the licence must not drive a heavy vehicle unless it is fitted with a synchromesh transmission (B);

(e) a condition that the holder of the licence must not drive a motor cycle other than a learner approved motor cycle (E);

(f) a condition that the holder of the licence must not drive a motor vehicle except in accordance with Part 5 , as applicable (I);

(g) a condition that the holder of the licence must not drive a motor vehicle unless wearing corrective lenses allowing distance vision in accordance with a relevant medical standard (S);

(h) a condition that the holder of the licence must not drive a motor vehicle unless the vehicle is fitted with aids specified by the Registrar, or the vehicle has been modified as directed by the Registrar (V);

(i) a condition that the holder of the licence must not drive a motor vehicle with a breath or blood alcohol concentration greater than zero (Z);

(j) any other condition that the Registrar considers appropriate and notifies in writing to the holder of the licence (X).

(4) The code for designating a particular licence condition is shown in subregulation (3) in parenthesis.

(5) The Registrar is not to impose an I condition under subregulation (1) on a learner licence unless –

(a) the holder of the learner licence also holds a full licence, or a provisional licence, of another class at the same time as holding the learner licence; or

(b) the Registrar believes that it is appropriate in the circumstances.

(6) A driver who holds an Australian driver licence that is subject to a condition referred to in subregulation (3)(j) , or the corresponding provision of a corresponding law, must carry while driving a notice explaining the condition issued by the Registrar under these regulations or by the authority responsible for administering the corresponding law.

Penalty: Fine not exceeding 10 penalty units.

(7) In addition to any other condition that may be imposed, a probationary licence may be issued on one or more of the following conditions:

(a) a condition that the holder of the licence must not drive a motor vehicle with a breath or blood alcohol concentration greater than zero (Z);

(b) a condition making the licence liable to suspension or cancellation if 2 or more demerit points are recorded against the holder of the licence.

(8) A condition referred to in subregulation (7)(b) that is imposed on a licence does not affect, in respect of the licence, the operation of the demerit points scheme.

(9) Subject to regulation 71 , the Registrar may, on the Registrar's own initiative, or on application by the holder of a driver licence, vary or revoke a condition of the licence.

(10) A variation or revocation of a condition takes effect on the service of the notice of variation or revocation on the holder of the licence.

Recording of issue or variation of driver licences

34 Recording of issue or variation of driver licences

(1) On issuing a driver licence, the Registrar must record the following information in respect of the driver licence in the driver licence register:

(a) the holder's name;

(b) the holder's date of birth;

(c) the holder's residential address;

(d) if there is no postal service to the holder's residential address, a postal address for the service of notices on the holder;

(e) the licence number;

(f) a copy of the photograph included on the licence as required under regulation 32(2)(e) ;

(g) the class of the licence, or if the licence is issued both as a licence of a particular class in the hierarchy of licence classes and as a motor cycle licence, both those classes;

(h) if the licence is a learner licence or a provisional licence, the licence type and, if it is a provisional licence, the date on which it ceases to be a provisional licence;

(i) the commencement date and expiry date of the licence;

(j) each condition to which the licence is subject.

(2) The Registrar may record other information in the driver licence register –

(a) for the purposes of the Act or any other Act; or

(b) for any other purposes that the Registrar considers appropriate.

(3) The Registrar must keep the information as recorded in the driver licence register up to date by –

(a) recording a later variation, renewal, suspension, cancellation, expiry or surrender of the driver licence; and

(b) ensuring that the information recorded in the register reflects the most recent information, about the licence and the holder of the licence, available to the Registrar.

Division 4

Expiry and renewal of driver licence

Division 4 Expiry and renewal of driver licence

Expiry of driver licence

35 Expiry of driver licence

(1) Unless renewed, cancelled or surrendered, a driver licence expires at midnight at the end of the day recorded in the driver licence register as the licence expiry date.

(2) Nothing in these regulations prevents the Registrar from amending the driver licence register, on the Registrar's own initiative, to extend the licence expiry date in respect of a driver licence.

(3) The last day of the term for which a driver licence is issued or renewed (the licence expiry date) is to be recorded in the driver licence register and on the driver licence.

(4) If the Registrar extends, on the Registrar's own initiative, the licence expiry date in respect of a driver licence under subregulation (2) , the Registrar is to notify the holder of that driver licence of the new licence expiry date for that driver licence.

Notices of renewal

36 Notices of renewal

(1) The Registrar may send a notice of renewal to the holder of a driver licence.

(2) A notice of renewal is to –

(a) be addressed to the holder of the driver licence; and

(b) remind the holder of the licence expiry date; and

(c) warn the holder that, if the licence is not renewed on or before the licence expiry date, the licence will expire; and

(d) if the licence to be renewed is a learner licence, state that, before the licence is renewed, the holder must successfully complete a test, or assessment, to the Registrar's satisfaction, to show that the holder continues to be competent to learn to drive motor vehicles of the relevant class.

(3) The Registrar's failure to send the notice, or the non-receipt of the notice, does not postpone the expiry of the driver licence or affect the obligation of the holder of the licence to ensure that the licence is renewed if he or she wishes to continue as a licensed driver.

(4) For the purposes of this Part, the Registrar may send a notice of renewal to the holder of a learner licence.

Application for renewal of driver licence

37 Application for renewal of driver licence

(1) An application for renewal of a driver licence must –

(a) be made to the Registrar in an approved form; and

(b) contain the information required in the approved form; and

(c) be accompanied by any evidence required by the Registrar of the applicant's –

(i) name; and

(ii) date of birth; and

(iii) residential address; and

(iv) eligibility to hold a driver licence of the relevant class; and

(d) be accompanied by the applicable scheduled fee.

(2) The applicant must –

(a) submit to the taking of a photograph, for inclusion on the driver licence –

(i) by a person authorised by the Registrar to take such photographs; or

(ii) under alternative arrangements acceptable to the Registrar; and

(b) provide a specimen signature as required by the Registrar for inclusion on the licence.

(3) An application for the renewal of a driver licence, other than a learner licence, may be made even though the licence has already expired if the licence has expired less than 5 years before the date of the application.

Additional requirements by Registrar

38 Additional requirements by Registrar

(1) The Registrar may require an applicant for the renewal of a driver licence to do one or more of the following:

(a) to undergo a test or assessment, or provide other evidence to the Registrar's satisfaction, that the applicant continues to be competent to drive motor vehicles of the relevant class;

(b) to submit to an examination, at the applicant's own expense, by a medical practitioner or a registered health care practitioner, or to produce other evidence to the Registrar's satisfaction, that the applicant is physically and mentally fit to drive motor vehicles of the relevant class;

(c) to submit to a test to satisfy the Registrar that the applicant has an adequate knowledge of the law governing road traffic;

(d) to provide evidence, of a kind specified by the Registrar, establishing to the Registrar's satisfaction that –

(i) the applicant is, in other respects, a suitable person to hold a licence of the class sought by the applicant; or

(ii) the applicant is, in other respects, eligible to hold a licence of the class sought by the applicant.

(2) The Registrar may accept evidence obtained within or outside Tasmania for the purposes of this regulation.

(3) The applicable scheduled fee is payable for a test or assessment, other than a medical examination, required by the Registrar under this regulation.

Renewal of driver licence

39 Renewal of driver licence

(1) If satisfied that an applicant for the renewal of a driver licence remains eligible to hold the licence, the Registrar must renew the licence.

(2) If the Registrar renews a driver licence, the Registrar must –

(a) amend the driver licence register to show the new expiry date for the licence; and

(b) re-issue the licence in the form of a renewed licence showing the new expiry date.

(3) A driver licence receipt may be issued in anticipation of the issue of the renewed driver licence.

(4) Subject to subregulation (5) , if a driver licence, other than a learner licence, is renewed before, or within 6 months after, the expiry date for the licence, the period of the renewal runs, or is taken to have run, from the day after the expiry of the licence.

(5) If an application for renewal is made after the expiry of the driver licence, then, even though the period of renewal is taken to have run from the day after the expiry of the licence, the holder of the licence is unlicensed from the day after the date of expiry until the date of renewal.

(6) If a driver licence, other than a learner licence, is renewed more than 6 months after the expiry of the licence, the period of licence renewal runs from the date of renewal.

(7) If a driver licence that was issued as a learner licence is renewed, the period of licence renewal runs from the date of expiry of the licence or, if that date has passed, the date of renewal.

Division 5

Registrar's powers to vary, suspend or cancel driver licence

Division 5 Registrar's powers to vary, suspend or cancel driver licence

Variation, suspension or cancellation of driver licence

40 Variation, suspension or cancellation of driver licence

(1) The Registrar may vary, suspend or cancel a person's driver licence if –

(a) the person –

(i) has failed, or refused to submit to, a medical examination required by the Registrar under the Act or these regulations; or

(ii) has failed, or refused to submit to, some other test or assessment required by the Registrar under the Act or these regulations; or

(iii) has failed any such medical examination, test or assessment; or

(b) the person has failed to comply with regulation 58 or 59 if required to do so; or

(c) the person cannot drive a motor vehicle of the relevant class without danger to the public because of illness or incapacity or the effects of treatment for illness or incapacity; or

(d) the person does not have adequate knowledge of the law governing road traffic; or

(e) the person is not competent to drive a motor vehicle of the relevant class; or

(f) the person is not in some other respect a suitable person to drive a motor vehicle of the relevant class; or

(g) the Registrar is satisfied, on reasonable grounds, that the person is not a suitable person –

(i) to drive a motor vehicle of the relevant class; or

(ii) to hold the licence; or

(h) the person is for some other reason ineligible to hold the licence; or

(i) the person has failed to comply with requirements imposed under the law of Tasmania or another Australian jurisdiction relating to the treatment, education, assessment or rehabilitation of persons who have committed offences involving alcohol or drugs; or

(j) the person has failed to pay a fine or other pecuniary penalty, or an instalment of a fine or other pecuniary penalty, arising out of the use of a motor vehicle in Australia; or

(k) the person has been convicted of an offence committed outside Tasmania which, if committed within Tasmania, would have resulted in disqualification from driving or suspension or cancellation of the person's licence; or

(l) the person has contravened, or failed to comply with, a condition of the licence; or

(m) the licence was issued or renewed in error, or is incorrect in any respect; or

(n) the person has failed to pay a scheduled fee in respect of the licence.

(2) A variation to a driver licence under this regulation may take the form of –

(a) the imposition of a licence condition; or

(b) the variation of a licence condition; or

(c) if the licence is within the hierarchy of licence classes, reducing the class of the licence.

(3) The Registrar must suspend or cancel a person's driver licence if required to do so –

(a) by order of an Australian court; or

(b) under a law of Tasmania or another jurisdiction about driving while under the influence of alcohol or other drugs; or

(c) under any other law.

(4) The Registrar may cancel a driver licence if the holder has surrendered the licence to the licensing authority in another jurisdiction for cancellation.

(5) [Regulation 40 Subregulation (5) amended by S.R. 2021, No. 54, Applied:04 Aug 2021] The following decisions are not administrative decisions for the purposes of the Vehicle and Traffic (Review of Decisions) Regulations 2021 :

(a) a decision to vary, suspend or cancel a driver licence under subregulation (1)(b) ;

(b) a decision to vary a driver licence by imposing an I condition on the licence.

Notice of variation, suspension or cancellation of driver licence

41 Notice of variation, suspension or cancellation of driver licence

(1) If the Registrar makes a decision to vary, suspend or cancel a person's driver licence under this Division, the Registrar must give the person written notice of –

(a) the variation, suspension or cancellation of the licence; and

(b) subject to subregulation (2) , the reasons for the variation, suspension or cancellation; and

(c) the date on which the variation, suspension or cancellation takes effect.

(2) [Regulation 41 Subregulation (2) amended by S.R. 2021, No. 54, Applied:04 Aug 2021] Despite subregulation (1) , if a written notice under that subregulation relates to a decision of the Registrar that is not, by virtue of regulation 40(5) , an administrative decision for the purposes of the Vehicle and Traffic (Review of Decisions) Regulations 2021 , the Registrar –

(a) is not required to give written notice of the reasons for the variation, suspension or cancellation under subregulation (1)(b) ; but

(b) must, in addition to the other matters specified in subregulation (1) , state in the written notice that the decision of the Registrar is not an administrative decision for the purposes of those regulations.

(3) If the proposed variation, suspension or cancellation is based on a default that is capable of remedy, the Registrar –

(a) must state in the notice –

(i) the action that must be taken by the holder of the driver licence to avoid the variation, suspension or cancellation; and

(ii) the date by which the holder of the licence must take that action; and

(b) if satisfied that the holder of the licence has taken the necessary action by the specified date, must withdraw the notice.

(4) The notice under subregulation (1) must also state –

(a) in the case of a notice of variation, the effect of the variation and, if any limitation or restriction on driving results from the variation, the nature of the limitation or restriction; or

(b) in the case of a notice of suspension, that, as from the date on which the suspension takes effect, the person is not authorised to drive a motor vehicle on a public street for the period of suspension specified in the notice; or

(c) in the case of a notice of cancellation, that, as from the date on which the cancellation takes effect, the person is no longer authorised to drive a motor vehicle on a public street.

(5) A driver licence is varied, suspended or cancelled in accordance with the notice.

(6) If a driver licence is suspended under this Division, the suspension terminates if –

(a) the period of suspension stated in the notice comes to an end; or

(b) the Registrar terminates the suspension.

(7) For the avoidance of doubt, if a driver licence is suspended under this Division, the period of suspension does not terminate if the licence is cancelled, or expires, while so suspended.

Division 6

Surrender of driver licence

Division 6 Surrender of driver licence

Surrender of driver licence

42 Surrender of driver licence

(1) The holder of a driver licence may apply to the Registrar to surrender the licence.

(2) The application must be accompanied by the driver licence or a statutory declaration made by the holder to the effect that the licence has been lost, stolen or destroyed.

(3) If an application to surrender a driver licence is made in accordance with this regulation –

(a) the Registrar must accept the surrender unless action is currently being taken to suspend or cancel the licence on a ground other than that the holder of the licence is no longer physically or mentally fit to drive a motor vehicle; and

(b) on the Registrar’s acceptance of the surrender, the driver licence is cancelled.

(4) Subject to subregulation (5) , on surrender of a driver licence, the Registrar may refund to the former holder of the licence a proportion of the fee paid for the issue or last renewal of the licence equivalent to the proportion of the licence period remaining when the surrender took effect.

(5) The Registrar may deduct, from the amount of the refund, the licence production fee, before making the refund, and no refund is to be made if the amount of the refund does not exceed the amount of the fee.

(6) This regulation does not apply to the surrender of an Australian driver licence issued under a corresponding law that is surrendered in anticipation of the issue of a driver licence under these regulations.

Division 7

Demerit points

Division 7 Demerit points

Demerit points

43 Demerit points

(1) The offences specified in column 2 of Parts 1 and 2 of Schedule 2 are prescribed for the purposes of section 20 of the Act and the demerit points applicable to each of the prescribed offences are as respectively specified for the offence in column 4 of Parts 1 and 2 of that Schedule.

(2) The legislation creating each of the prescribed offences is as specified for the offence in column 3 of Parts 1 and 2 of Schedule 2 .

Division 8

Miscellaneous

Division 8 Miscellaneous

Notification of change of details

44 Notification of change of details

(1) The holder of a driver licence must, within 14 days after the change, notify the Registrar of any change in the holder's –

(a) name; or

(b) residential address; or

(c) address for the service of notices.

Penalty: Fine not exceeding 5 penalty units.

(2) The holder of a driver licence who notifies a change of name under this regulation must provide the Registrar with evidence of the change of name if requested to do so by the Registrar.

(3) A new residential address notified under this regulation must be an address in Tasmania at which the Registrar may ordinarily make personal contact with the person.

(4) If there is no postal service to a new residential address, the holder of the driver licence must provide a postal address for the service of notices on the holder.

(5) If, on notification of a new address, the Registrar issues a sticker showing the new address for attachment to the driver licence, the holder of the licence must, as soon as practicable, attach the sticker to the licence and keep it so attached in accordance with the Registrar's instructions.

Penalty: Fine not exceeding 2 penalty units.

(6) Unless the Registrar requires written notification, the notification need not be in writing.

Notification of change of circumstances

45 Notification of change of circumstances

(1) The holder of a driver licence must, as soon as practicable, notify the Registrar of –

(a) any permanent or long-term injury or illness that may impair his or her ability to drive safely; or

(b) any deterioration of physical or mental condition, including a deterioration of eyesight, that may impair his or her ability to drive safely; or

(c) any other factor related to physical or mental health that may impair his or her ability to drive safely.

Penalty: Fine not exceeding 10 penalty units.

(2) Unless the Registrar requires written notification, the notification need not be in writing.

Exemptions from requirement to hold driver licence

46 Exemptions from requirement to hold driver licence

(1) In this regulation –

farm tractor means a tractor that is being used for farming, dairying, pastoral or horticultural purposes, and that does not form part of an articulated vehicle;

implement includes a motor vehicle that comprises an excavator, road grader, road roller, bulldozer, forklift truck or other machinery or apparatus and that is not constructed on the chassis of a type normally used in the construction of a truck;

plant machinery includes a tractor, other than a farm tractor, a road construction vehicle and an earth-moving machine that is not constructed on the chassis of a type normally used in the construction of a truck.

(2) The following classes of drivers are exempt from the requirement to hold a driver licence of the classes or types specified when driving the relevant motor vehicle on a public street:

(a) the holder of a car licence, other than a learner licence, is exempt from holding a heavy vehicle licence when driving an agricultural machine, plant machinery or implement;

(b) a person aged 16 years or more who holds a learner licence for a car is exempt from holding a licence of the relevant class to drive a farm tractor if –

(i) the GVM of the farm tractor does not exceed 15 tonnes; and

(ii) the farm tractor is not driven on a public street more than 10 kilometres from the farm on which the tractor is mainly used;

(c) a member of the immediate family of a member of the Australian Armed Forces who resides with that member and who holds an Australian driver licence of a particular class issued under a corresponding law is exempt from holding a driver licence of the same class while the licence issued under the corresponding law is in force;

(d) a consular official who holds a foreign driver licence of a particular class is exempt from holding a driver licence of the same class while the foreign driver licence is in force;

(e) a member of the immediate family of a consular official who resides with the official and holds a foreign driver licence of a particular class is exempt from holding a driver licence of the same class while the foreign driver licence is in force.

(3) A person is exempt from the requirement to hold a motor cycle learner licence when driving a motor cycle on a public street if –

(a) the person is driving the motor cycle on a public street while participating in a training course, or test or assessment, approved by the Registrar, that is required by the Registrar for the person to obtain his or her motor cycle learner licence; and

(b) while the person is participating in such a course, test or assessment, there is displayed on the rear of the motor cycle a sign issued or authorised by the Registrar that displays the letter "L" in black lettering on a yellow background.

(4) An exemption under this regulation does not operate in favour of a person who, but for this subregulation, would have the benefit of the exemption if the person is in breach of a condition of the exemption.

Exemptions from requirement to hold motorcycle licence

47 Exemptions from requirement to hold motorcycle licence

(1) In this regulation –

full car licence means an Australian driver licence that –

(a) authorises the holder to operate a motor vehicle other than a motorcycle; and

(b) is neither a learner licence nor a provisional licence.

(2) A person is exempt from the requirement to hold a motorcycle licence when driving a motor trike, if the person –

(a) holds a full car licence and has held that licence for a continuous period of at least 3 years; and

(b) completes all training and assessments required by the Registrar in respect of the exemption; and

(c) has a medical certificate that certifies that the person is physically unable to drive a motor bike due to –

(i) the loss, or the permanent deprivation, of an arm, leg, hand or foot; or

(ii) a total and permanent incapacity; and

(d) before he or she drives a motor trike under the benefit of an exemption under this subregulation, has provided to the Registrar –

(i) written notification that he or she intends to drive a motor trike under the exemption; and

(ii) a copy of the medical certificate referred to in paragraph (c) .

(3) The holder of a full car licence is exempt from the requirement to hold a motorcycle licence, or a learner motor cycle licence, when driving a motor trike if the holder of the full car licence is participating in training or assessment required by the Registrar under subregulation (2)(b) .

(4) An exemption under this regulation does not operate in favour of a person who would, but for this subregulation, have the benefit of the exemption while that person is in breach of a condition of the exemption.

(5) Without limiting the generality of regulation 33 , a condition referred to in subregulation (4) may include that only the motor trike, or class of motor trike, specified in the condition is to be driven under an exemption under this regulation.

47A

Exemption from requirement to hold motor cycle licence – postal worker driving postal vehicle

47A Exemption from requirement to hold motor cycle licence – postal worker driving postal vehicle

[Regulation 47A Inserted by S.R. 2023, No. 89, Applied:20 Dec 2023]

(1) In this regulation –

Australia Post has the same meaning as in the Australian Postal Corporation Act 1989 of the Commonwealth;

postal vehicle means a motor vehicle that is a motor trike that –

(a) is a learner approved motor cycle that has an electric motor as its sole means of propulsion; and

(b) has a maximum motor cycle speed not exceeding 50 kilometres per hour;

postal worker means a person who is employed, or engaged, to deliver mail and parcels within Tasmania for, or on behalf of, Australia Post.

(2) A person is exempt from the requirement to hold a motor cycle licence when driving a postal vehicle on a public street if that person, at the time at which the person is driving the postal vehicle –

(a) is a postal worker; and

(b) is driving the postal vehicle in the person’s capacity as a postal worker; and

(c) holds a driver licence, in the hierarchy of licence classes, other than a learner licence in relation to a car.

Exemptions from requirement to hold driver licence while operating self-propelled personal transportation device

48 Exemptions from requirement to hold driver licence while operating self-propelled personal transportation device

A person is exempt from the requirement to hold a driver licence when driving a self-propelled personal transportation device on a public street.

Interstate and international drivers

49 Interstate and international drivers

(1) In this regulation –

visitor’s exemption means an exemption under the Act from the requirement to hold a driver licence that operates in favour of a person who holds an Australian driver licence issued under a corresponding law or a foreign driver licence.

(2) A person is not entitled to a visitor's exemption if –

(a) the person is currently disqualified from driving by order of an Australian court, by the operation of an automatic statutory penalty or under the law of a foreign country; or

(b) the person's licence to drive is under suspension under the law of another Australian jurisdiction or a foreign country in which it was issued.

(3) A person ceases to be entitled to a visitor's exemption if –

(a) in the case of a person who holds an Australian driver licence issued under a corresponding law or a foreign driver licence issued under the law of New Zealand other than a valid Driver Identification Document issued by the Department of Defence, the person has resided in Tasmania for a continuous period of 6 months or a longer period determined by the Registrar; or

(b) in the case of an international visitor other than one ordinarily resident in New Zealand, the person has held a permanent visa under the Migration Act 1958 of the Commonwealth for more than 6 months or a longer period determined by the Registrar; or

(c) the person is issued with a driver licence under the Act.

(4) The Registrar may terminate a visitor’s exemption if –

(a) in the case of an international visitor, 4 or more demerit points are recorded against the visitor in respect of offences committed within a period of 12 months or less; or

(b) the Registrar has refused to issue a driver licence to the person under the Act, for any reason, including that the person is not competent to drive a motor vehicle of the relevant class; or

(c) the Registrar believes, on reasonable grounds, that the person is not competent to drive a motor vehicle of the relevant class as the person has failed a test, assessment or training course that –

(i) is required under the Act for a driver licence for that class of motor vehicle to be issued under the Act; and

(ii) was undertaken with the intention of applying for the driver licence to be issued to the person; or

(d) the Registrar believes, on reasonable grounds, that grounds exist that would, assuming the visitor's exemption were a driver licence, be sufficient grounds for –

(i) suspending or cancelling the licence; or

(ii) imposing a condition on the licence.

(5) If the Registrar terminates an exemption under subregulation (4) , the Registrar must give the person in whose favour the exemption operated a written notice stating –

(a) that the exemption is terminated as from the date of the service of the notice or a later date stated in the notice; and

(b) that, as from the date of termination of the exemption, the person –

(i) is no longer exempt from the requirement to hold a driver licence in Tasmania; and

(ii) must not drive a motor vehicle on a public street in Tasmania; and

(iii) subject to any action specified under paragraph (d) , is not entitled to the exemption under the Act while he or she continues to stay in Australia; and

(c) the reasons for termination of the exemption; and

(d) any action that may be taken by the person in order to regain the exemption under the Act; and

(e) the date by which the person must take that action.

Part 3

Ancillary Certificates

Part 3 Ancillary Certificates

Ancillary certificates

50 Ancillary certificates

(1) An ancillary certificate is only issued in relation to an Australian driver licence (in this Part referred to as the primary licence).

(2) The regulations about –

(a) the issue of driver licences; and

(b) the conditions of driver licences; and

(c) the expiry of driver licences; and

(d) the renewal of driver licences; and

(e) the variation, suspension or cancellation of driver licences; and

(f) the recording of information, or details, in the driver licence register about driver licences and the holders of driver licences; and

(g) the surrender of driver licences; and

(h) the notification of changes of circumstances, or details, by the holder of a driver licence –

apply to, and in relation to, an ancillary certificate, subject to the provisions of this Part, as if it were a driver licence.

Form, term, &c., of ancillary certificate

51 Form, term, &c., of ancillary certificate

(1) An ancillary certificate is to be –

(a) in an approved form; and

(b) issued for a term determined by the Registrar to be appropriate to the type of certificate.

(2) If the Registrar issues an ancillary certificate to a person, the Registrar may place a code, determined by the Registrar, on the driver licence of the person to show that the person holds an ancillary certificate.

Issue of identification card

52 Issue of identification card

(1) If the Registrar issues an ancillary certificate –

(a) the Registrar must also issue an identification card, in an approved form, if the ancillary certificate authorises the holder to provide driving instruction; and

(b) in any other case, the Registrar may issue an identification card in an approved form.

(2) If an identification card has been issued under subregulation (1) to the holder of an ancillary certificate, the holder must, while driving or using a motor vehicle under the authority of the ancillary certificate, keep the identification card displayed in the vehicle so that it is clearly visible to the driver and any person sitting in the same general transverse plane as the driver.

Penalty: Fine not exceeding 10 penalty units.

Suspension or cancellation of primary licence or ancillary certificate

53 Suspension or cancellation of primary licence or ancillary certificate

(1) If a primary licence is suspended or cancelled, each related ancillary certificate is also suspended or cancelled.

(2) Despite subregulation (1) , an ancillary certificate may be suspended or cancelled independently of the primary licence.

(3) In addition to any other grounds on which an ancillary certificate may be suspended or cancelled, an ancillary certificate may be suspended or cancelled on the ground that –

(a) the holder has failed to comply with the conditions of the certificate; or

(b) the holder is not, in some other respect, a suitable person to hold an ancillary certificate.

Surrender of primary licence or ancillary certificate

54 Surrender of primary licence or ancillary certificate

(1) If a primary licence is surrendered by the holder of an ancillary certificate, each related ancillary certificate is cancelled.

(2) An ancillary certificate may be surrendered, by the holder of the certificate, independently of the primary licence.

Eligibility to hold ancillary certificate in driving instruction

55 Eligibility to hold ancillary certificate in driving instruction

(1) A person is eligible to hold an ancillary certificate authorising the holder to provide driving instruction in the driving of a particular class of motor vehicle if the person –

(a) has held an Australian driver licence, other than a learner licence or a provisional licence, authorising the person to drive motor vehicles –

(i) for an aggregate period of at least 3 years; and

(ii) for at least 12 months in the previous period of 3 years; and

(b) holds a current Australian driver licence to drive motor vehicles; and

(c) has attained the age of 21 years; and

(d) has the knowledge and experience necessary to provide instruction in the driving of motor vehicles of the relevant class; and

(e) is in all other respects a suitable person to provide instruction in the driving of motor vehicles of the relevant class.

(2) In calculating the period for which a person has held an Australian driver licence –

(a) the Registrar must exclude any period for which –

(i) the person has been disqualified from driving by an Australian court or by the operation of an automatic statutory penalty; or

(ii) the licence has been suspended; and

(b) if the person has held a licence to drive a motor vehicle in an external territory or foreign country, the Registrar may take into account the period, or some of the period, for which the person held such a licence as if the licence had been an Australian driver licence.

(3) The Registrar may require an applicant for an ancillary certificate in driving instruction to do either or both of the following:

(a) to undergo a test or assessment, or provide other evidence to the Registrar's satisfaction, of the applicant's competence and suitability to provide instruction in driving motor vehicles of the class for which the certificate is sought;

(b) to successfully complete all or part of a training course specified by the Registrar.

(4) If the Registrar requires an applicant for an ancillary certificate in driving instruction to successfully complete part of a training course, the conditions of the certificate, if issued, may provide that the holder must successfully complete the remainder of the course within a specified time.

(5) The conditions of an ancillary certificate in driving instruction may provide that the holder must periodically satisfy the Registrar, through the successful completion of specified training courses or other means, of the holder's continuing competence and suitability to provide instruction in driving motor vehicles of the class for which the certificate has been issued.

Requirements for motor vehicles used in driving instruction

56 Requirements for motor vehicles used in driving instruction

(1) In this regulation –

dual controls, in relation to a motor vehicle, means duplicate pedals for –

(a) the footbrake; and

(b) if the vehicle has a manual transmission, the clutch –

fitted so that an instructor seated in the same general transverse plane as the driver may operate the footbrake readily and effectively and disengage the transmission of the vehicle.

(2) For the purposes of section 14(4) of the Act, a vehicle complies with the requirements of these regulations for motor vehicles used to provide driving instruction if the vehicle is fitted with dual controls in such a way that the controls are not likely to be operated accidentally by a person seated in the same general transverse plane as the driver of the vehicle.

(3) Subregulation (2) does not apply if –

(a) the vehicle is provided by the person under instruction; or

(b) the GVM of the vehicle exceeds 4.5 tonnes; or

(c) the vehicle has seating for more than 12 adults including the driver.

Eligibility to hold ancillary certificate to drive public passenger vehicle

57 Eligibility to hold ancillary certificate to drive public passenger vehicle

(1) A person is eligible to hold an ancillary certificate authorising the holder to drive public passenger vehicles of a particular class if the person –

(a) holds an Australian driver licence, other than a learner licence, authorising the person to drive motor vehicles of the relevant class; and

(b) has –

(i) attained the age of 20 years and has held an Australian driver licence, other than a learner licence, authorising the holder to drive motor vehicles, for at least 2 years during the previous 3 years; or

(ii) attained the age of 21 years and has held an Australian driver licence, other than a learner licence, authorising the holder to drive motor vehicles, for at least 12 months during the previous 3 years; and

(c) is in all other respects a suitable person to drive public passenger vehicles of the relevant class.

(2) In calculating the period for which a person has held an Australian driver licence –

(a) the Registrar must exclude any period for which –

(i) the person has been disqualified from driving by an Australian court or by the operation of an automatic statutory penalty; or

(ii) the licence has been suspended; and

(b) if the person has held a licence to drive a motor vehicle in an external territory or foreign country, the Registrar may take into account the period, or some of the period, for which the person held such a licence as if the licence had been an Australian driver licence.

(3) The Registrar may require the applicant to comply with either or both of the following requirements:

(a) to undergo a test or assessment, or provide other evidence to the Registrar's satisfaction, showing that the applicant is a suitable person to drive public passenger vehicles of the class or classes for which the certificate is sought;

(b) to undergo a specified course of instruction and provide evidence of the successful completion of the course.

Part 4

Document Obligations

Part 4 Document Obligations

Return of driver licence or ancillary certificate on suspension or cancellation

58 Return of driver licence or ancillary certificate on suspension or cancellation

(1) The holder (or former holder) of a driver licence must, within 21 days after the giving of a notice of suspension or cancellation under regulation 41 in respect of the licence, return the licence and any related ancillary certificate to the Registrar.

Penalty:  Fine not exceeding 10 penalty units.

(2) The holder (or former holder) of an ancillary certificate must, within 21 days after the giving of a notice of suspension or cancellation under regulation 41 in respect of the ancillary certificate, return the ancillary certificate to the Registrar.

Penalty:  Fine not exceeding 10 penalty units.

(3) If a restricted driver licence is revoked by order of a court, the former holder must, within 21 days after the date of the order, return the restricted driver licence, together with any related ancillary certificate, to the Registrar.

Penalty:  Fine not exceeding 10 penalty units.

(4) The holder (or former holder) of a driver licence must, within 21 days after being disqualified from driving by a court or by the operation of an automatic statutory penalty, return the licence, together with any related ancillary certificate, to the Registrar.

Penalty:  Fine not exceeding 10 penalty units.

(5) A person is not in breach of a requirement to return a driver licence or an ancillary certificate under this regulation –

(a) if within the period for compliance with the requirement the person produces evidence to the Registrar's satisfaction that the licence or ancillary certificate has been lost, stolen or destroyed; or

(b) if the Registrar waives compliance with the requirement.

(6) The Registrar is to only return a driver licence or an ancillary certificate returned to the Registrar under this regulation if –

(a) the licence or ancillary certificate was suspended; and

(b) the period of suspension has come to an end.

Return of driver licence or ancillary certificate on variation

59 Return of driver licence or ancillary certificate on variation

(1) The holder of a driver licence or an ancillary certificate must, in accordance with subregulation (2) , return the licence or ancillary certificate to the Registrar for endorsement or replacement if –

(a) the conditions of the licence or ancillary certificate are changed by the Registrar or by order of a court; or

(b) any information included in the licence or ancillary certificate needs, in the Registrar's opinion, to be corrected or changed.

Penalty: Fine not exceeding 10 penalty units.

(2) The driver licence or ancillary certificate must be returned within 21 days after the service of –

(a) a notice of variation of the licence or ancillary certificate; or

(b) the Registrar's written request for return of the licence or ancillary certificate for endorsement or replacement.

(3) A person is not in breach of a requirement to return a driver licence or an ancillary certificate under this regulation –

(a) if within the period for compliance with the requirement the person produces evidence to the Registrar's satisfaction that the licence or ancillary certificate has been lost, stolen or destroyed; or

(b) if the Registrar waives compliance with the requirement.

Part 5

Mandatory Alcohol Interlock Program

Part 5 Mandatory Alcohol Interlock Program

Interpretation of Part

60 Interpretation of Part

(1) In this Part –

approved provider means a person that has a contract with the Department to –

(a) provide interlocks to be installed in motor vehicles; and

(b) establish, operate or maintain service centres where interlocks can be installed, serviced or removed in accordance with this Division;

extended lockout, of an interlock installed in a motor vehicle, means the circumstances where the interlock prevents, in accordance with the parameters of the interlock, the operation of the motor of the motor vehicle for a minimum period determined by the Registrar;

lockout includes an extended lockout and permanent lockout;

MAIP, or mandatory alcohol interlock program, means the program established under regulation 62 ;

monitoring data means –

(a) information –

(i) recorded by an interlock; and

(ii) downloaded by an approved provider during the service or removal of the interlock; and

(b) any other information that the approved provider records in respect of an interlock, or the holder of an interlock licence, during the installation, service or removal of the interlock;

nominated vehicle means a motor vehicle nominated by a person under regulation 61(1)(a) ;

parameter means a setting of an interlock that determines the behaviour of the interlock in certain circumstances;

performance report means a report prepared by the approved provider, after performing a service of an interlock, that contains –

(a) the monitoring data collected during the service of the interlock in respect of the period between the last previous service and the service in respect of which the report is prepared; and

(b) information explaining the effect of any software update on the holder of the interlock licence;

permanent lockout, of an interlock installed in a motor vehicle, means the circumstances where the interlock indefinitely prevents, in accordance with the parameters of the interlock, the operation of the motor vehicle other than as authorised by the Registrar;

service, an interlock, includes testing, inspecting, maintaining, repairing and adjusting the interlock;

service centre means premises established, operated or maintained by an approved provider as required under the contract between the approved provider and the Department;

unique identifier, of a person, means the unique number –

(a) assigned to the person by the Registrar; and

(b) referenced in the information provided to the person by the Registrar.

(2) In this Part, a reference to a nominated vehicle of the holder of an interlock licence is a reference to the motor vehicle nominated under regulation 61(1)(a) by the holder of the licence, whether or not the motor vehicle was nominated before or after the person was issued the interlock licence.

Interlock licence requirements

61 Interlock licence requirements

(1) The holder of an interlock licence must –

(a) nominate a motor vehicle, that is registered under the Act or exempt from registration under section 28 or 29 , to be installed with an interlock; and

(b) have an interlock installed in at least one motor vehicle that he or she has nominated under paragraph (a) ; and

(c) comply with this Part and the MAIP.

(2) The holder of an interlock licence must, when driving a motor vehicle under the authority of the licence, only drive the motor vehicle if –

(a) the motor vehicle is installed with an interlock that –

(i) was installed in accordance with regulation 64 ; and

(ii) is, at each service, serviced in accordance with regulation 66 ; and

(b) the holder of the interlock licence has a breath, or blood, alcohol concentration of zero while driving the motor vehicle; and

(c) the holder of the interlock licence carries the following documents in the motor vehicle:

(i) evidence that the interlock installed in the motor vehicle has been installed by an approved provider, or that the interlock has been taken under regulation 74(2)(b) to have been installed by an approved provider;

(ii) evidence of the most recent service of the interlock installed in the motor vehicle;

(iii) any other document specified in this Part, or in the MAIP, as required to be carried in the motor vehicle.

(3) For the avoidance of doubt –

(a) a failure to comply with this Part is a breach of an I condition; and

(b) the holder of an interlock licence must comply with this Part in respect of each motor vehicle that he or she has nominated under subregulation (1)(a) .

Mandatory alcohol interlock program

62 Mandatory alcohol interlock program

(1) The Registrar may approve a program in respect of the administration, procedures and practices for interlocks, approved providers and holders of interlock licences.

(2) A program approved under subregulation (1) may specify any one or more of the following matters:

(a) any parameters that are necessary for the operation of an interlock under this Part;

(b) any additional installation, service or removal requirements for an interlock that are not otherwise specified in these regulations;

(c) any other requirements in respect of an I condition that are not otherwise specified in these regulations;

(d) any training that the holder of an interlock licence is required to complete while holding the interlock licence;

(e) any other matter that the Registrar thinks necessary or expedient in relation to the implementation, operation or administration of such a program.

(3) The Registrar may approve any guidelines, instructions or directions that he or she thinks necessary for the implementation, operation or administration of a program approved under subregulation (1) .

Approved providers

63 Approved providers

(1) A person must not install an interlock into a nominated vehicle unless he or she is an approved provider.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2) A person installing an interlock in a nominated vehicle must only install an interlock that he or she has received from an approved provider.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(3) A person installing an interlock in a motor vehicle must not install the interlock if he or she suspects, or is aware, that more than one holder of an interlock licence intends to nominate the vehicle.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(4) Subregulation (3) does not apply if the interlock being installed is an interlock that identifies multiple users that is being installed in accordance with an approval under regulation 65 .

(5) A person must not service an interlock unless he or she is an approved provider.

Penalty:  Fine not exceeding 20 penalty units.

(6) A person must not remove an interlock from a motor vehicle unless he or she is an approved provider.

Penalty:  Fine not exceeding 20 penalty units.

Installation of interlock

64 Installation of interlock

(1) In this regulation –

pre-installation report means a report, prepared by an approved provider, available free of charge and containing information about –

(a) the complete schedule of fees charged at the time the report is provided in respect of the installation, rental, service and removal of an interlock by the approved provider; and

(b) the installation of the interlock including any anticipated alterations required to the vehicle, or any other processes required to be performed, to ensure that the motor vehicle complies with the Vehicle and Traffic (Vehicle Operations) Regulations 2014 after the installation of the interlock.

(2) For the purposes of regulation 61(2)(a)(i) , an interlock is correctly installed in a motor vehicle if –

(a) the device or system installed in the motor vehicle is an interlock; and

(b) the interlock is installed in the motor vehicle in accordance with this Part and any additional installation requirements specified in the MAIP; and

(c) an applicant for, or the holder of, an interlock licence has nominated the motor vehicle under regulation 61(1)(a) ; and

(d) any fees payable in respect of the installation and hire of the interlock have been paid.

(3) Before an interlock is installed in a nominated vehicle, each person who nominated the motor vehicle under regulation 61(1)(a) must provide to the approved provider responsible for installing the interlock –

(a) any details about the motor vehicle that have been requested by the approved provider; and

(b) his or her unique identifier; and

(c) any other information that the approved provider requires for the pre-installation report; and

(d) evidence that each person who has nominated the vehicle has completed any pre-installation training required under the MAIP.

(4) Before installing an interlock in a motor vehicle, an approved provider must be satisfied –

(a) with the information provided in respect of the motor vehicle under subregulation (3) ; and

(b) that each person who nominated the motor vehicle under regulation 61(1)(a) has signed a current pre-installation report; and

(c) if the registered operator or owner of the motor vehicle is not a person referred to in paragraph (b) , that written permission from the registered operator, or the owner if there is no registered operator, has been obtained to install the interlock in the motor vehicle; and

(d) that the motor vehicle that is being installed with an interlock is a motor vehicle nominated under regulation 61(1)(a) by the person referred to in paragraph (b) .

Approval to install interlock for multiple users

65 Approval to install interlock for multiple users

(1) This regulation applies to a person who is applying for, or is the holder of, an interlock licence, if –

(a) the person shares a primary residence with another person who is applying for, or holds, an interlock licence; and

(b) each person intends to nominate and drive the same motor vehicle while both hold an interlock licence.

(2) A person to whom this regulation applies may apply to the Registrar for approval to install an interlock that identifies and differentiates between multiple users, if such a device or system has been approved by the Registrar as an interlock.

(3) An application under subregulation (2) –

(a) must be made jointly by each holder of an interlock licence that intends to drive the motor vehicle to be installed with the interlock; and

(b) is to contain such information as the Registrar determines; and

(c) is to be accompanied by each applicable scheduled fee payable in respect of the application by each applicant.

(4) After receiving an application under subregulation (2) , the Registrar may –

(a) approve the application subject to any conditions that the Registrar thinks fit; or

(b) refuse the application; or

(c) request further information from the applicants and, after receiving and considering the further information, approve the application under paragraph (a) or refuse the application under paragraph (b) .

(5) A person to whom this regulation applies must use the technical capabilities of the interlock installed in the nominated motor vehicle to identify himself or herself as the person driving the motor vehicle if an interlock that recognises multiple users is installed.

Penalty: Fine not exceeding 20 penalty units.

Service of interlock

66 Service of interlock

(1) For the purposes of regulation 61(2)(a)(ii) , an interlock is correctly serviced if each holder of the interlock licence who nominated the motor vehicle that has been installed with the interlock –

(a) takes the motor vehicle, in which the interlock is installed, to a service centre of the approved provider who installed the interlock; and

(b) is present at the service centre while the interlock is serviced; and

(c) performs any necessary action for the service to be completed, including providing a breath sample to validate that the interlock is working correctly; and

(d) complies with these regulations and any additional requirements of the MAIP in respect of the service, including intervals between services, and the payment of any fee payable at the service; and

(e) at the end of the service, signs a copy of the performance report provided, in respect of the service, to the holder of the interlock licence.

(2) For the avoidance of doubt, if an interlock that identifies multiple users is installed in accordance with an approval under regulation 65 , each holder of an interlock licence that nominated the motor vehicle –

(a) must arrange and attend a service of the interlock in accordance with this Part and the MAIP; and

(b) may arrange for the service to be held at the same time as, or at a different time from, another holder of an interlock licence that nominated the vehicle.

(3) Subregulation (1)(b) does not apply to the holder of an interlock licence if another person –

(a) presents the vehicle, in which the interlock is installed, for service; and

(b) at that time, provides a valid medical certificate in respect of the holder of the interlock licence that specifies that the holder of the interlock licence is unfit to drive or to attend the service.

(4) Despite subregulation (3) , the holder of an interlock licence must not fail to attend 2 or more consecutive services, whether or not the holder of the interlock licence has a valid medical certificate for each service.

(5) If the holder of an interlock licence is not present for the service of an interlock in her or her nominated vehicle in accordance with subregulation (3) , the holder of the interlock licence complies with the requirement under subregulation (1)(e) to sign the performance report if, within 7 days after the service to which the performance report relates, the holder of the interlock licence –

(a) signs a copy of the performance report; and

(b) provides the signed copy of the performance report to the approved provider that performed the service.

(6) A signed copy of a performance report under this regulation –

(a) is, unless otherwise proven, only taken to be evidence that the holder of the interlock licence –

(i) was –

(A) present at the time the interlock was serviced; or

(B) not required to be present at the time the interlock was serviced due to subregulation (3) ; and

(ii) received a copy of the performance report; and

(b) is not evidence that the holder of the interlock licence agrees with, or accepts, the information contained in the report.

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Source text: opening excerpt

Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.