Tasmania: Vehicle and Traffic Act 1999 (Tas)

Vehicle and Traffic Act 1999 An Act to provide for the licensing of drivers of motor vehicles, to provide for the registration of motor vehicles and trailers, to provide for the imposition of motor tax and for other purposes [Royal Assent 24 November 1999] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Vehicle and Traffic Act 1999 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Interpretation (1) In this Act, unless the contrary intention appears – ADR means – (a) the vehicle standards (Australian Design Rules) determined under the MVSA and as amended or replaced from time to time; or (b) a national road vehicle standard determined under section 12 of the Road Vehicle Standards Act 2018, as amended or replaced from time to time; ancillary certificate means one of the following: (a) a certificate authorising the holder to provide driving instruction for reward; (b) a certificate authorising the holder to drive a public passenger vehicle; articulated for a vehicle, means – (a) the vehicle consists of a motor vehicle and a trailer; and (b) the trailer is pivoted to the motor vehicle; and (c) part of the trailer (not being a pole, drawbar or similar device) is superimposed on the motor vehicle; Australian driver licence means a licence (including a driver licence receipt) issued under this Act or a corresponding law authorising the holder to drive a motor vehicle; authorised officer means a person authorised by the Commission under section 9(2) of the Traffic Act 1925 to exercise the power or perform the function in reference to which the expression is used; automatic statutory penalty means a penalty that, under an Act of this or any other State or a Territory, is imposed on an offender automatically if certain circumstances apply and not by order of a court; axle means one or more shafts positioned in a line across a vehicle on which one or more of the wheels intended to support the vehicle turn; bus means a motor vehicle that is designed and constructed to carry passengers and has seating capacity for more than 9 adults, including the driver; camper van means a motor vehicle that is constructed principally for use as a dwelling; class for an Australian driver licence, means – (a) in the case of a driver licence issued under this Act – a class established by the regulations; and (b) in the case of an Australian driver licence issued under a corresponding law – a class established under a corresponding law; class A light vehicle means – (a) a motor vehicle constructed for use primarily for the carriage of passengers (other than a bus or a motor cycle); or (b) a camper van; or (c) a truck with a GVM of less than 3 tonnes; combination means a motor vehicle connected to one or more trailers; Commission means the Transport Commission established under the Transport Act 1981 ; Consumer Price Index means the Consumer Price Index (All Groups) for Hobart published by the Australian Bureau of Statistics or, if that Index is suspended or discontinued, any index published by the Australian Bureau of Statistics that measures price inflation for the household sector in Hobart; Contracting State means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949; contravention includes a failure to comply; corresponding law means a law of another State or Territory of Australia dealing with either or both the following subjects: (a) the driving of motor vehicles on roads; (b) the use of motor vehicles and trailers on roads; demerit points offence means an offence that attracts a demerit point or demerit points; demerit points schedule means the prescribed schedule of demerit points offences setting out the number of demerit points attracted by each offence; demerit points scheme means the scheme established by Division 4 of Part 3; document includes a metallic, plastic or any other medium on which words, letters, numbers or symbols are written or imprinted; driver licence means a licence (including a driver licence receipt) issued under this Act that authorises the holder of the licence to drive one or more classes of motor vehicle; driver licence receipt means a receipt issued after an application for an Australian driver licence and payment of the applicable fee authorising the person in whose favour the receipt is issued to drive one or more classes of motor vehicle; escort vehicle means a vehicle that is being used – (a) to transport a police officer or an authorised officer; and (b) to warn other road users of the presence of an oversize vehicle or combination; excessive speeding offence means a speeding offence where the prescribed speed limit is exceeded by 38km/h or more; foreign driver licence means a licence – (a) issued under the law of a foreign country; and (b) held by an international visitor who is ordinarily resident in that country; and (c) authorising the holder of the licence to drive a motor vehicle in that country; full licence means an Australian driver licence that is neither a learner licence nor a provisional licence; goods means any object, material or substance and includes an animal or a bird; GCM for a motor vehicle, also known as the gross combination mass for a motor vehicle, means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may be towed by it at the same time – (a) as specified on the RAV for that vehicle; or (b) if it is not specified on the RAV, as specified by the vehicle's manufacturer on an identification plate on the vehicle; or (c) if it is not specified on the RAV or an identification plate, or if the specification is not appropriate because the motor vehicle has been modified, as certified by a vehicle registration authority; GVM for a vehicle, also known as the gross vehicle mass for a vehicle, means the maximum loaded mass of the vehicle – (a) as specified on the RAV for that vehicle; or (b) if it is not specified on the RAV, as specified by the vehicle's manufacturer on an identification plate on the vehicle; or (c) if it is not specified on the RAV or an identification plate, or if the specification is not appropriate because the vehicle has been modified, as certified by a vehicle registration authority; heavy vehicle has the same meaning as in the Heavy Vehicle National Law (Tasmania) Act 2013 ; hire and drive vehicle means a motor vehicle that is used to operate a hire and drive passenger service, within the meaning of the Passenger Transport Services Act 2011 ; identification number means – (a) a VIN; or (b) a chassis number on a vehicle; or (c) an engine number on a vehicle; identification plate means a plate placed on a vehicle, authorised to be placed on a vehicle or taken to have been placed on a vehicle, under the MVSA; international driving permit means a permit issued by – (a) a competent authority of a Contracting State or a subdivision of such a State; or (b) an association duly empowered by such an authority – in accordance with the United Nations Convention on Road Traffic, Geneva, 1949; international visitor means a person who – (a) is ordinarily resident in a foreign country; and (b) is not a permanent resident of Australia; learner licence means a driver licence issued under this Act, or a licence or permit issued under a corresponding law, authorising a person to drive a motor vehicle for the purpose of learning to drive, or demonstrating capacity to drive, a motor vehicle of a particular class; light vehicle means a motor vehicle or a trailer that is not a heavy vehicle; manufacturer includes a manufacturer's agent; mass includes weight; medical examination includes an examination to determine mental fitness to drive a motor vehicle; motor bike means a motor vehicle that runs on 2 wheels and, if a side-car supported by a third wheel is attached, includes the attached side-car; motor cycle means a motor bike or a motor trike; motor tax means tax imposed under Part 5; motor trike means a motor vehicle that – (a) runs on 3 wheels symmetrically arranged in relation to the vehicle's longitudinal median axis; and (b) is constructed and controlled like a motor bike; motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle but does not include – (a) an aircraft; or (b) a motor vehicle that travels only on a railway, tramway or other fixed track; or (c) a pedal cycle with an electrically powered auxiliary motor (or motors) with a power output (or combined power output) of not more than 200 watts or such other wattage as is prescribed; or (ca) a power-assisted pedal cycle within the meaning of the relevant ADR; or (d) a self-propelled lawn or grass mower constructed and used solely for mowing lawn or grass that is not capable of travelling at a speed of more than 10 kilometres an hour; or (e) a self-propelled wheelchair that is not capable of travelling at a speed of more than 10 kilometres an hour; or (f) a self-propelled vehicle – (i) not capable of travelling at a speed of more than 10 kilometres an hour; and (ii) designed for off-road work in construction, maintenance or warehouse operation; and (iii) only used on a public street for the purpose of loading or unloading another vehicle, loading or unloading the vehicle onto another vehicle or manoeuvring at a work site; or (g) a vehicle of a class excluded by regulation from the ambit of this definition; MVSA means the Motor Vehicle Standards Act 1989 of the Commonwealth, as in force immediately before its repeal; national schedule of demerit points means the part of the demerit points schedule set apart as the national schedule of demerit points; nominated configuration for a heavy vehicle, means the configuration nominated by the registered operator (or the applicant for registration) as the configuration in which the vehicle will be operated for the registration period; novice driver means a person who has never held – (a) a full licence in relation to a motor vehicle; or (b) a foreign driver licence equivalent to a full licence in relation to a motor vehicle; novice licensing stage means any of the novice licensing stages prescribed in the regulations that a novice driver or novice rider is required to complete before obtaining a full licence; novice rider means a person who has never held – (a) a full licence in relation to a motor cycle; or (b) a foreign driver licence equivalent to a full licence in relation to a motor cycle; offensive advertising notice, in relation to a vehicle, means a notice, served under section 33(2) on the registered operator of the vehicle, that has not been revoked under section 33(4) ; overmass means having a mass, including any load, that exceeds a prescribed mass limit under this Act; oversize means having a dimension, including any load, that exceeds a prescribed dimension limit under this Act; passenger vehicle means a vehicle designed and constructed primarily for the carriage of passengers; personalised number plate means a number plate issued by the Registrar that – (a) contains a specific registration number; or (b) does not meet the specifications of a number plate that is generally issued under this Act on payment of the basic fee prescribed for the issue of number plates; photograph includes any visual representation derived from a photographic image or process, including a digitalised electronic or computer-generated image or process; photographic detection device means a device, or a device of a kind, specified in a declaration under section 56D ; pilot vehicle means a vehicle that – (a) is being used to warn other road users of the presence of an oversize vehicle or combination; and (b) is not an escort vehicle; portable device includes, but is not limited to – (a) a mobile phone; and (b) another device, or item, that is prescribed for the purposes of this definition; portable device offence means an offence under the Traffic Act 1925 of a driver or rider – (a) operating a portable device while the display of the device is visible to the driver or rider; or (b) holding a portable device; or (c) having a portable device resting on the body of, or the clothing being worn by, the driver or rider; or (d) intentionally looking at the display of a portable device being operated by another person; or (e) performing, or failing to perform, a prescribed action in respect of a portable device; prime mover means a motor vehicle designed and constructed to tow a semi-trailer; probationary licence means a driver licence issued as a probationary licence – (a) to a person who applies for a driver licence following a period of disqualification from driving ordered by an Australian court; or (ab) to a person who applies for a driver licence in prescribed circumstances; or (ac) to a person who has completed a period of suspension, or disqualification, in prescribed circumstances; or (b) to replace an equivalent licence issued under a corresponding law; provisional licence means – (a) a driver licence issued under this Act as a provisional licence; or (b) an equivalent licence issued under a corresponding law; public passenger vehicle means, except as the regulations or any of the regulations may otherwise provide, a motor vehicle that is – (a) used to operate a regular passenger service within the meaning of the Passenger Transport Services Act 2011 ; or (b) used to operate a passenger service, within the meaning of the Passenger Transport Services Act 2011 , having the following characteristics: (i) the passenger service is a transport concern within the meaning of that Act; (ii) the passenger service is available for use by any member of the general public; (iii) the passengers, or any of them, have to pay a fare within the meaning of that Act; RAV means the Register of Approved Vehicles kept under section 14(1) of the RVSA; red light offence means an offence, under the Traffic Act 1925 , of a driver or rider entering an intersection contrary to a red traffic light or red traffic arrow; register means a register kept under this Act; registered health care practitioner means – (a) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; and (b) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the optometry profession; and (c) an occupational therapist registered or licensed as such under the law of a State or Territory; registered operator of a motor vehicle or a trailer means – (a) the person recorded in the register of motor vehicles and trailers as the person responsible for it; or (b) if the registration of a motor vehicle or a trailer has expired, or been cancelled, the person last recorded as the registered operator unless that person has notified the Registrar that he or she is no longer responsible for the motor vehicle or trailer; Registrar means the Registrar of Motor Vehicles; registration number includes a number, letter, series of numbers or letters or combination of numbers and letters; registration offence means one of the following offences: (a) an offence under section 27 , 31 , 32 or 32A ; (b) an offence prescribed for the purposes of this definition; regulations means the regulations made and in force under section 45 ; repairable write-off has the meaning given by section 3A ; restricted driver licence means a driver licence issued by order of an Australian court subject to conditions limiting the circumstances in which the driver is authorised to drive a motor vehicle; restricted hire vehicle has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008 ; rigid for a motor vehicle, means it is not articulated; road safety disqualification notice has the same meaning as in the Road Safety (Alcohol and Drugs) Act 1970 ; RVSA means the Road Vehicle Standards Act 2018 of the Commonwealth; schedule of local demerit points offences means the part of the demerit points schedule set apart for demerit points offences that are included in neither the national schedule of demerit points nor the schedule of recognised interstate demerit points offences; schedule of recognised interstate demerit points offences means the part of the demerit points schedule set apart for demerit points offences under a corresponding law that are recognised under the regulations; seatbelt offence means an offence under the Traffic Act 1925 of a driver or rider – (a) failing to wear a properly adjusted or fastened seatbelt; or (b) failing to ensure that a passenger is restrained as required; or (c) performing, or failing to perform, a prescribed action in respect of the restraint of a person in a vehicle; semi-trailer means a trailer (including a pole-type trailer) that has – (a) one axle group or single axle towards the rear; and (b) a means of attachment to a prime mover that would result in some of the load being imposed on the prime mover; senior police officer means – (a) the Commissioner of Police; or (b) the Deputy Commissioner, or an Assistant Commissioner, of Police; or (c) a police officer of or above the rank of inspector; short term unregistered vehicle permit means a permit authorising the use, on a temporary basis, of an unregistered vehicle on public streets, or a particular public street; specific registration number means a combination of numbers or of letters, or of numbers and letters, that is requested as the registration number to be issued on a number plate; speeding offence means an offence under the Traffic Act 1925 of a driver or rider exceeding – (a) the prescribed speed-limit applying to the driver or rider for the length of road where the driver or rider is driving; or (b) the prescribed speed-limit applying to the driver or rider in particular circumstances; statutory write-off has the meaning given by section 3A ; temporary upgrade permit means a permit to use a registered motor vehicle in a combination that is not consistent with its nominated configuration; total loss means a vehicle that – (a) is damaged by collision, fire, flood, accident, trespass, dismantling, demolition or other event to the extent that its fair salvage value plus the cost of repairing the vehicle for use on a public street would be more than the fair market value of the vehicle immediately before the event that caused the damage; or (b) has been stolen and not recovered; or (c) is of a class of vehicle prescribed by the regulations to be a total loss; trade plate means a number plate authorising the use, on a temporary basis, of an unregistered vehicle to which the number plate is attached for the purposes of a trade or business; traffic offence means an offence against this Act or the Heavy Vehicle National Law (Tasmania) Act 2013 involving the driving or use of a motor vehicle or a trailer; trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle but does not include – (a) a trailer that travels only on a railway, tramway or other fixed track; or (b) a motor vehicle that is being towed; or (c) a motor bike side-car; or (d) a vehicle excluded by regulation from the ambit of this definition; truck means a rigid motor vehicle that is designed and constructed to carry goods; unaccompanied driver offence means an offence prescribed in the regulations as an unaccompanied driver offence; use of a motor vehicle or a trailer on a public street includes driving it on a public street and a person who parks or stops a motor vehicle or a trailer on a public street is taken to be using the vehicle on the public street while the vehicle remains parked or stationary (whether or not the person remains on, or in the vicinity of, the vehicle); vehicle means a motor vehicle or a trailer; vehicle registration authority means – (a) the Registrar; or (b) the authority responsible for registering vehicles under a corresponding law; VIN means a vehicle identification number allocated to a vehicle in accordance with the relevant ADR; weighing device means a weighbridge or a portable weighing device; wheelchair means a vehicle consisting of a chair mounted on 2 or more wheels, or a vehicle of a prescribed kind, constructed to transport a person who is unable to walk or has difficulty in walking but does not include a pram, stroller or trolley; wheel load means the mass transmitted to a road by the tyre of a vehicle wheel; written-off vehicle means a statutory write-off or a repairable write-off. (2) This Act is to be read together with the Traffic Act 1925 as a single Act and accordingly – (a) words and expressions used in this Act that are defined under the Traffic Act 1925 (and not in this Act) have, unless the contrary intention appears, the same respective meanings; and (b) a reference to "this Act" extends, unless the contrary intention appears, to both Acts. 3A. Repairable and statutory write-offs (1) In this Act – repairable write-off means a vehicle that is not a statutory write-off but has been assessed by a prescribed person in Tasmania, another State or a Territory as a total loss; statutory write-off means a vehicle that – (a) has been assessed by a prescribed person in Tasmania, another State or a Territory as a total loss; and (b) has been assessed by a prescribed person in Tasmania, another State or a Territory as only suitable for dismantling and processing as scrap; and (c) has been assessed and classified, or deemed, to be a statutory write-off in accordance with the Technical Guide by a prescribed person in Tasmania, another State or a Territory; Technical Guide means the Damage Assessment Criteria for the Classification of Statutory Write-Offs approved by Austroads Ltd (ABN 16 245 787 323) on 25 May 2011, as amended or substituted from time to time. (2) Despite subsection (1) , a vehicle is only a repairable write-off if the vehicle is assessed as a total loss not later than the end of the month which is the fifteenth anniversary of its date of manufacture, within the meaning of the relevant ADR. (3) For the avoidance of doubt, it is declared that if a damaged vehicle has been assessed as a repairable write-off before the commencement of the Vehicle and Traffic Amendment (Written-off Vehicles) Act 2013 – (a) that assessment continues to have effect after that commencement; and (b) that vehicle, as so damaged, may not be reassessed as a statutory write-off after that commencement. 4. Binding the Crown (1) This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. (2) Nothing in this Act makes the Crown liable to be prosecuted for an offence. PART 2 - Administration Division 1 - Registrar of Motor Vehicles 5. Appointment of Registrar (1) The Minister may appoint to be the Registrar of Motor Vehicles a person who is a State Service officer or State Service employee. (2) The Registrar may hold that office in conjunction with State Service employment. (3) A person who, immediately before the commencement of the Vehicle and Traffic Amendment Act 2019 , held the office of Registrar continues to hold that office on the same terms and conditions as set out in his or her instrument of appointment. 6. Responsibilities of Registrar The Registrar is responsible for the administration of the provisions of this Act relating to – (a) driver licensing and regulation of the drivers of motor vehicles; and (b) vehicle registration and regulation of the use of motor vehicles and trailers on public streets; and (c) the imposition and recovery of tax on motor vehicles and trailers; and (d) vehicle standards. 7. Delegation (1) The Registrar may delegate any of the Registrar's powers or functions under this or any other Act. (2) The Registrar may enter into an agreement with a delegate or proposed delegate about – (a) the remuneration of the delegate; and (b) other matters incidental to the exercise of delegated powers or functions by the delegate. Division 2 - Commission to administer vehicle operations 7A. Commission to administer vehicle operations The Commission is responsible for the administration of the provisions of this Act relating to vehicle operations. PART 3 - Motor Vehicle Drivers Division 1 - Licensing of drivers 8. Requirement to hold driver licence (1) A person must not drive a motor vehicle on a public street unless the person – (a) holds a driver licence under this Act authorising the person to drive a motor vehicle of the relevant class; or (b) is exempt, under subsection (2) , from the requirement to hold a driver licence under this Act authorising the person to drive a motor vehicle of the relevant class; or (c) is exempted by the regulations from the requirement to hold a driver licence authorising the person to drive a motor vehicle of the relevant class. Penalty: In the case of – (a) a first offence – a fine not exceeding 20 penalty units; and (b) a second or subsequent offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months. (2) Subject to the regulations, a person is exempt from the requirement to hold a driver licence under this Act authorising the person to drive a motor vehicle of a particular class – (a) if the person holds an Australian driver licence issued under a corresponding law authorising the person to drive motor vehicles of the relevant class; and (b) if the person is an international visitor who holds a foreign driver licence authorising the visitor to drive motor vehicles of the relevant class in the foreign country in which the licence was issued and either – (i) the foreign driver licence is in English or accompanied by an English translation made by the authority that issued the licence or a person accredited to translate from the relevant language into English; or (ii) the person also holds an international driving permit. (3) A person must not employ, cause or permit another to drive a motor vehicle on a public street contrary to this section. Penalty: In the case of – (a) a first offence – a fine not exceeding 20 penalty units; and (b) a second or subsequent offence – (i) for a body corporate – a fine not exceeding 200 penalty units; and (ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months. (4) It is a defence to a charge of an offence against subsection (3) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was driving contrary to this section. 9. Driving while subject to licence suspension (1) A person must not drive a motor vehicle on a public street while the person's Australian driver licence or foreign driver licence is under suspension. Penalty: In the case of – (a) a first offence – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and (b) a second or subsequent offence – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months. (2) A person must not employ, cause or permit another to drive a motor vehicle on a public street if the other person's Australian driver licence or foreign driver licence is under suspension. Penalty: In the case of – (a) a first offence – (i) for a body corporate – a fine not exceeding 150 penalty units; and (ii) for an individual – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and (b) a second or subsequent offence – (i) for a body corporate – a fine not exceeding 300 penalty units; and (ii) for an individual – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months. (3) It is a defence to a charge of an offence against subsection (2) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver's Australian driver licence or foreign driver licence was under suspension. (4) This section does not apply if – (a) the driver holds a restricted driver licence and drives as authorised by that licence; or (b) the driver is disqualified from driving by – (i) an Australian court under an Act of this or any other State or a Territory; or (ii) an automatic statutory penalty. 10. Eligibility to hold licence (1) A person is eligible to hold a driver licence of a particular class if the person – (a) is a natural person resident in Tasmania; and (b) either – (i) complies with the eligibility criteria for a driver licence of the relevant class prescribed by the regulations; or (ii) is eligible to hold a driver licence of the relevant class under the principle of mutual recognition. (2) A person is eligible to hold a driver licence of a particular class under the principle of mutual recognition if the person holds an Australian driver licence of the corresponding class issued under a corresponding law. 11. Issue of licence (1) The Registrar must issue a driver licence of a particular class to an applicant for the licence who – (a) makes an application for the licence in accordance with the regulations; and (b) satisfies the Registrar that he or she is eligible to hold the licence. (2) The Registrar may issue a driver licence on conditions the Registrar considers appropriate. (3) If – (a) an applicant is eligible to hold a driver licence of a particular class under the principle of mutual recognition; and (b) the applicant's Australian driver licence issued under a corresponding law is subject to conditions – the driver licence under this Act must be issued on the same conditions unless the conditions are incapable of application in Tasmania. (4) If a condition is incapable of application in Tasmania, a driver licence may be issued under this Act subject to a condition for the same general purpose that is capable of application in Tasmania. 12. Compliance with conditions (1) The holder of a driver licence issued under this Act must comply with the conditions of the licence. Penalty: In the case of – (a) a first offence – a fine not exceeding 20 penalty units; and (b) a second or subsequent offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months. (2) The holder of an Australian driver licence issued under a corresponding law must, while in Tasmania, comply with the conditions of the licence (other than conditions that are incapable of application in Tasmania). Penalty: In the case of – (a) a first offence – a fine not exceeding 20 penalty units; and (b) a second or subsequent offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months. (3) The holder of a foreign driver licence must, while in Tasmania, comply with the conditions of the licence (other than conditions that are incapable of application in Tasmania). Penalty: In the case of – (a) a first offence – a fine not exceeding 20 penalty units; and (b) a second or subsequent offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months. (4) A person must not employ, cause or permit another to drive a motor vehicle on a public street in breach of a condition of a driver licence issued under this Act, an Australian driver licence issued under a corresponding law or a foreign driver licence. Penalty: In the case of – (a) a first offence – a fine not exceeding 20 penalty units; and (b) a second or subsequent offence – (i) for a body corporate – a fine not exceeding 200 penalty units; and (ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months. (5) It is a defence to a charge of an offence against subsection (4) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was driving in breach of a condition of a driver licence issued under this Act, an Australian driver licence issued under a corresponding law or a foreign driver licence. 13. Driving while disqualified (1) A person must not drive a motor vehicle on a public street in Tasmania if the person is disqualified from driving by – (a) an Australian court under an Act of this or any other State or a Territory; or (b) an automatic statutory penalty. Penalty: In the case of – (a) a first offence – (i) a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and (ii) a further period of disqualification, not exceeding 3 years, fixed by the court; and (b) a second or subsequent offence – (i) a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both; and (ii) a further period of disqualification, not exceeding 5 years, fixed by the court. (2) Subsection (1) does not apply to – (a) a person who drives a motor vehicle as authorised by a restricted driver licence; or (b) a person who drives a motor vehicle while subject to a disqualification imposed under the Road Safety (Alcohol and Drugs) Act 1970 . (3) A police officer who has reasonable grounds to suspect that a person has committed an offence against subsection (1) may exercise either or both of the following powers: (a) arrest the person without warrant; (b) impound the vehicle driven by the person and have it removed to a convenient place for safe-keeping. (4) A person entitled to possession of an impounded vehicle may collect the vehicle, or have it collected, from the place to which it has been removed for safe-keeping on payment of the reasonable cost of impounding and removing the vehicle and of its safe-keeping. (5) A court may, on convicting a person of an offence against subsection (1) , order the convicted person to pay the reasonable cost of impounding and removing the vehicle and of its safe-keeping. (6) A person must not employ, cause or permit another to drive a motor vehicle on a public street if the other person is disqualified from driving. Penalty: In the case of – (a) a first offence – (i) for a body corporate – a fine not exceeding 200 penalty units; and (ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and (b) a second or subsequent offence – (i) for a body corporate – a fine not exceeding 400 penalty units; and (ii) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both. (7) It is a defence to a charge of an offence against subsection (6) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was disqualified from driving. 13A. . . . . . . . . 13B. Recommencement or extension of provisional period on conviction for prescribed offence (1) If a novice driver or novice rider – (a) commits a prescribed offence before completing the first continuous 12-month period for which he or she is required to hold a provisional licence; and (b) is subsequently convicted of that offence – that person is to recommence the relevant provisional period, or that period is to be extended, as prescribed by the regulations. (2) . . . . . . . . Division 2 - Ancillary certificates 14. Driving instructors (1) Subject to the regulations, a person must not provide driving instruction for reward unless the person – (a) holds an Australian driver licence to drive a motor vehicle of the relevant class; and (b) holds an ancillary certificate authorising the person to provide the driving instruction for reward. Penalty: (a) if the person was, at the time of the offence, disqualified from holding or obtaining an ancillary certificate in driving instruction – (i) for a first offence - a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both, plus a further period of disqualification of 6 months; and (ii) for a second or subsequent offence – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both, plus a further period of disqualification of 12 months; or (b) if the person held an ancillary certificate in driving instruction that was, at the time of the offence, under suspension – (i) for a first offence - a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months, plus disqualification for a period of 6 months from holding or obtaining such a certificate; and (ii) for a second or subsequent offence - a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months, plus disqualification for a period of 12 months from holding or obtaining such a certificate; or (c) in any other case – (i) for a first offence - a fine not exceeding 20 penalty units; and (ii) for a second or subsequent offence - a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months, plus disqualification for a period of 6 months from holding or obtaining such a certificate. (1A) Notwithstanding subsection (1) , the regulations may provide that a person or class of persons specified in the regulations be exempted, subject to such conditions, and until such date, as may be specified in the regulations, from the requirement to hold an ancillary certificate referred to in subsection (1)(b) . (2) A person must not employ, cause or permit another to act as a driving instructor in a business in the course of which driving instruction is provided for reward if the other person is providing the driving instruction contrary to this section. Penalty: (a) if the driving instructor was, at the time of the offence, disqualified from holding or obtaining an ancillary certificate in driving instruction – (i) for a first offence – (ia) for a body corporate – a fine not exceeding 200 penalty units; and (ib) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and (ii) for a second or subsequent offence – (iia) for a body corporate – a fine not exceeding 400 penalty units; and (iib) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both; or (b) if the driving instructor's ancillary certificate was, at the time of the offence, under suspension – (i) for a first offence – (ia) for a body corporate – a fine not exceeding 150 penalty units; and (ib) for an individual – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and (ii) for a second or subsequent offence – (iia) for a body corporate – a fine not exceeding 300 penalty units; and (iib) for an individual – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months; or (c) in any other case – (i) for a first offence – a fine not exceeding 20 penalty units; and (ii) for a second or subsequent offence – (iia) for a body corporate – a fine not exceeding 200 penalty units; and (iib) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months. (3) It is a defence to a charge of an offence against subsection (2) to prove that the defendant did not know, and could not reasonably be expected to have known, that the instructor was providing driving instruction contrary to this section. (4) A person must not use, or permit the use of, a motor vehicle for providing driving instruction for reward unless the vehicle complies with the requirements of the regulations for vehicles used for that purpose. Penalty: In the case of – (a) a first offence – a fine not exceeding 20 penalty units; and (b) a second or subsequent offence – (i) for a body corporate – a fine not exceeding 200 penalty units; and (ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months. 15. Public passenger vehicles (1) Subject to the regulations, a person must not drive a public passenger vehicle unless the person – (a) holds an Australian driver licence to drive a motor vehicle of the relevant class; and (b) holds an ancillary certificate authorising the person to drive a public passenger vehicle of the relevant class. Penalty: (a) if the person was, at the time of the offence, disqualified from holding or obtaining an ancillary certificate for driving public passenger vehicles – (i) for a first offence - a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both, plus a further period of disqualification of 6 months; and (ii) for a second or subsequent offence– a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both, plus a further period of disqualification of 12 months; or (b) if the person held an ancillary certificate for driving public passenger vehicles that was, at the time of the offence, under suspension – (i) for a first offence - a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months, plus disqualification for a period of 6 months from holding or obtaining such a certificate; and (ii) for a second or subsequent offence - a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months, plus disqualification for a period of 12 months from holding or obtaining such a certificate; or (c) in any other case – (i) for a first offence - a fine not exceeding 20 penalty units; and (ii) for a second or subsequent offence - a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months, plus disqualification for a period of 6 months from holding or obtaining such a certificate. (1A) Notwithstanding subsection (1) , the regulations may provide that a person or class of persons specified in the regulations be exempted, subject to such conditions, and until such date, as may be specified in the regulations, from the requirement to hold an ancillary certificate referred to in subsection (1)(b) . (2) A person must not employ, cause or permit another to drive a public passenger vehicle contrary to this section. Penalty: (a) if the driver was, at the time of the offence, disqualified from holding or obtaining an ancillary certificate for driving public passenger vehicles – (i) for a first offence – (ia) for a body corporate – a fine not exceeding 200 penalty units; and (ib) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and (ii) for a second or subsequent offence – (iia) for a body corporate – a fine not exceeding 400 penalty units; and (iib) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both; or (b) if the driver's ancillary certificate was, at the time of the offence, under suspension – (i) for a first offence – (ia) for a body corporate – a fine not exceeding 150 penalty units; and (ib) for an individual – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and (ii) for a second or subsequent offence – (iia) for a body corporate – a fine not exceeding 300 penalty units; and (iib) for an individual – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months; or (c) in any other case – (i) for a first offence – a fine not exceeding 20 penalty units; and (ii) for a second or subsequent offence – (iia) for a body corporate – a fine not exceeding 200 penalty units; and (iib) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months. (3) It is a defence to a charge of an offence against subsection (2) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was driving a public passenger vehicle contrary to this section. 16. Compliance with conditions (1) The holder of an ancillary certificate must comply with the conditions of the certificate. Penalty: In the case of – (a) a first offence – a fine not exceeding 20 penalty units; and (b) a second or subsequent offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months. (2) . . . . . . . . (3) A person must not employ, cause or permit another to provide driving instruction for reward, or to drive a public passenger vehicle, contrary to a condition of an ancillary certificate. Penalty: In the case of – (a) a first offence– a fine not exceeding 20 penalty units; and (b) a second or subsequent offence – (i) for a body corporate– a fine not exceeding 200 penalty units; and (ii) for an individual– a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months. (4) It is a defence to a charge of an offence against subsection (3) to prove that the defendant did not know, and could not reasonably be expected to have known, that the other person was acting contrary to a condition of an ancillary certificate. Division 3 - Powers of court with regard to driving 17. Power of court to order disqualification (1) Subject to sections 19B and 19E , a court that convicts a person of a traffic offence may disqualify the person from driving for a period specified by the court. (2) Subject to subsection (3) , if a disqualification is imposed under this or any other Act against the holder of an Australian driver licence, the court must either suspend or cancel the licence as follows: (a) if the disqualification is for 4 months or less, the licence is to be suspended; (b) if the disqualification is for more than 4 months, the licence is to be cancelled. (3) The court may, instead of cancelling a licence that is liable to cancellation under subsection (2) , suspend the licence if the court thinks there is good reason to do so. (4) A disqualification imposed by a court under this or any other Act, and a related licence suspension or cancellation imposed by the court, takes effect as follows: (a) if the convicted person is not subject to a current period of disqualification, licence suspension or ineligibility to hold a driver licence as a result of the accumulation of demerit points – at the time of the order or a later time fixed by the court; (b) if the convicted person is subject to a current period of disqualification, licence suspension or ineligibility to hold a driver licence as a result of the accumulation of demerit points – at the end of that period unless the court fixes an earlier or later time. (5) If a disqualification is imposed under this or any other Act on a person who is not present in court when the disqualification is imposed, the court must postpone the commencement of the disqualification (and the related licence suspension or cancellation) for a specified period of at least 10 days and, in that event, the disqualification (and the related licence suspension or cancellation) commences – (a) at the end of that period; or (b) if the person against whom the disqualification is imposed submits to the disqualification on an earlier day by returning the licence to the Registrar, on that earlier day. (6) The court's powers under this section are in addition to other powers the court may have to punish or deal with the convicted person in other ways. 18. Restricted driver licences (1) A person whose Australian driver licence (other than a learner licence) is, or is liable to be, suspended or cancelled because of – (a) an accumulation of demerit points; or (b) a disqualification order made by an Australian court; or (c) an automatic statutory penalty – may, subject to subsection (2) , apply to a court of petty sessions for an order authorising the issue of a restricted driver licence subject to conditions as specified in the order. (2) None of the following is entitled to apply for a restricted driver licence: (a) a person whose Australian driver licence is, or is liable to be, suspended because of an accumulation of demerit points and who has, or had, the option of entering into an undertaking to be of good behaviour under the provisions of the demerit points scheme but did not take up, or proposes not to take up, that option; (b) a person who, under section 25 , is subject or liable to a period of ineligibility to hold a driver licence because of an accumulation of demerit points; (ba) . . . . . . . . (c) a person who is disqualified from driving in accordance with a road safety disqualification notice. (2A) If a person referred to in subsection (2)(a) is liable to be, or is, disqualified from driving pursuant to section 19A(1)(a) or section 19B(1)(a) , the bar contained in that subsection does not apply to the person before, or during, the period of disqualification. (3) An application under this section – (a) must be made in writing; and (b) must state the name and residential address of the applicant and an address for the service of notices; and (c) must state the applicant's Australian driver licence number or, if the applicant's Australian driver licence has been cancelled, the applicant's former Australian driver licence number; and (d) must, as far as practicable, give details of all offences (against the law of Tasmania, another State or a Territory or a foreign country) involving the driving or use of a motor vehicle committed by the applicant (whether or not relevant to the suspension or disqualification) including the following: (i) the date of commission; (ii) the court by which, and the date on which, the applicant was convicted and particulars of penalties imposed or other orders made in respect of the offence or, if the offence was dealt with by – (A) a traffic infringement notice, the traffic infringement notice number and the date on which it was lodged; or (B) an infringement notice under the Heavy Vehicle National Law (Tasmania) Act 2013 , the infringement notice number and the date on which it was lodged; and (e) must give details of the licence suspension or disqualification and state whether a licence suspension or disqualification has previously been imposed on the applicant and, if so, the period of the licence suspension or disqualification and the reasons for it; and (f) must state the grounds on which the applicant asks for an order to be made under this section; and (g) must contain details of the severe and unusual hardship that would be suffered by the applicant, or the applicant's dependants, if the application were refused (including a statement of available forms of transport and why they are not adequate for the needs of the applicant or the applicant's dependants); and (h) must state the conditions on which the applicant asks the court to authorise the issue of a restricted driver licence; and (i) must be verified by statutory declaration made by the applicant; and (j) must be filed with the clerk of the court. (4) At least 7 days before the application is to be heard by the court, the applicant must give a copy of the application to – (a) the Registrar; and (b) the officer in charge of the Police Prosecutions Branch nearest the court to which the application is made. (5) The court may make an order authorising the issue of a restricted driver licence if the court is satisfied that – (a) the licence suspension or disqualification is imposing, or will impose, severe and unusual hardship on the applicant or the applicant's dependants; and (b) a restricted driver licence should be issued to mitigate or alleviate that hardship; and (c) the issue of the restricted driver licence would not be contrary to the public interest. (5A) If the applicant is a person who, but for subsection (2A) , would have been barred by subsection (2)(a) from making the application, the court must, by the order, provide that the restricted driver licence issued to the person will expire when the person's period of disqualification expires. (6) The Registrar must, on application by a person in whose favour an order has been made under this section, issue a restricted driver licence to the applicant that conforms with the terms of the order. (7) If the person in whose favour the order was made held an ancillary certificate authorising the holder to provide driving instruction or to drive a public passenger vehicle, the ancillary certificate is, subject to any order of the court to the contrary, restored for the period for which the restricted driver licence remains in force. (8) A court of petty sessions may, on application by the holder of a restricted driver licence supported by the evidence the court considers necessary and appropriate in the circumstances, vary the terms or conditions of a restricted driver licence. (9) A court that has dealt with, or is about to deal with, the holder of a restricted driver licence for an offence relating to the driving or use of a motor vehicle, or a court of petty sessions, may, on its own initiative or on application by the Registrar or a police officer, vary the terms or conditions of a restricted driver licence or revoke the licence. (10) A person who holds a restricted driver licence must not drive a motor vehicle in breach of a condition imposed in accordance with an order of a court. Penalty: In the case of – (a) a first offence – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and (b) a second or subsequent offence – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both. (11) A person must not employ, cause or permit the holder of a restricted driver licence to drive a motor vehicle in breach of a condition of the licence. Penalty: In the case of – (a) a first offence – (i) for a body corporate – a fine not exceeding 200 penalty units; and (ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and (b) a second or subsequent offence – (i) for a body corporate – a fine not exceeding 400 penalty units; and (ii) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both. (12) It is a defence to a charge of an offence against subsection (11) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was driving in breach of a condition of a restricted driver licence. (13) . . . . . . . . (14) This section has effect subject to section 19 of the Road Safety (Alcohol and Drugs) Act 1970 . 19. Effect of disqualification (1) If a person is disqualified from driving by a court or automatic statutory penalty of another Australian jurisdiction, or a person's driver licence is cancelled or suspended by such a court or penalty, the disqualification, cancellation or suspension is effective in Tasmania. (2) . . . . . . . . (3) If a court imposes a disqualification from driving against a person who holds a driver licence issued under this Act without also suspending or cancelling the driver licence – (a) the driver licence is, by force of this subsection, suspended if the disqualification is for 4 months or less; and (b) if the disqualification is for more than 4 months, the licence is, by force of this subsection, cancelled. (4) If – (a) a person is disqualified from driving by a court or automatic statutory penalty of another Australian jurisdiction, or a person's driver licence is cancelled or suspended by such a court or penalty; and (b) immediately before the court's order or automatic statutory penalty takes or, if applicable, took effect, the person – (i) holds or, if applicable, held a driver licence issued under this Act; or (ii) is or, if applicable, was a resident of Tasmania not holding an Australian driver licence; and (c) the Registrar is notified of the disqualification, cancellation or suspension by the driver licensing authority under a corresponding law – the Registrar must record relevant details in the register. (5) Any driver licence (other than a restricted driver licence) purportedly issued to a person who is disqualified from driving under the law of this State or the law of another Australian jurisdiction is void and of no effect. (6) As soon as practicable after the Registrar is notified of a disqualification from driving or a licence suspension or cancellation imposed by a court or automatic statutory penalty of this State, the Registrar must – (a) record relevant details in the register; and (b) if the disqualification, suspension or cancellation applies to a person who, immediately before the disqualification, suspension or cancellation takes or, if applicable, took effect –