Traffic Act 1925 (Tas)

Traffic Act 1925 An Act to consolidate and amend the law relating to vehicular and other traffic [Royal Assent 11 December 1925] 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 I - Preliminary 1. Short title and commencement This Act may be cited as the Traffic Act 1925 , and shall come into force on 1st January 1926. 2. Act does not apply to aircraft This Act does not apply to aircraft. 3. Interpretation (1) In this Act, unless the contrary intention appears – Commission means the Transport Commission incorporated under the Transport Act 1981 ; council clerk means a general manager within the meaning of the Local Government Act 1993 ; Director, MPES means the Director, Monetary Penalties Enforcement Service appointed under section 8 of the Monetary Penalties Enforcement Act 2005 ; horses include asses, mules, and other draught animals or beasts of burden; issuing authority, in relation to a notice of demand or traffic infringement notice, includes – (a) the Police Service; and (b) a police officer; and (c) an authorised officer; motor vehicle race has the same meaning as it has for the purposes of Division III of Part VI of the Police Offences Act 1935 ; notice of demand means a notice of demand served under section 43G ; officer of the Commission means a person appointed or employed pursuant to section 8 of the Transport Act 1981 ; parking offence means an offence arising by reason of a vehicle being placed, left, or allowed to remain in a stationary position in any street or part of a street contrary to the regulations made under this Act; public passenger vehicle means a motor vehicle that is used to operate a passenger transport service within the meaning of the Passenger Transport Services Act 2011 ; public street means any street, road, lane, thoroughfare, footpath, bridge, or place open to or used by the public, or to which the public have or are permitted to have access, whether on payment of a fee or otherwise; registered operator of a motor vehicle or a trailer means the registered operator for the purposes of the Vehicle and Traffic Act 1999 or a corresponding law and includes – (a) in the case of a vehicle to which a trade plate under the Vehicle and Traffic Act 1999 or a similar device under a corresponding law is affixed – the person to whom the trade plate or similar device was issued; or (b) in the case of a vehicle for which a short term unregistered vehicle permit under the Vehicle and Traffic Act 1999 or a similar authorisation under a corresponding law has been issued – the person to whom the permit or authorisation was issued; the regulations means regulations made and in force under this Act; reliability trial has the same meaning as it has for the purposes of Division III of Part VI of the Police Offences Act 1935 ; Road Rules means the rules made under section 31A ; traffic infringement notice has the meaning assigned to that expression by section 43H (1) ; vehicle includes any description of vehicle designed to move or to be moved on one or more wheels or revolving runners, and any truck, barrow, or similar vehicle, but, except as may be expressly prescribed by regulations, does not include a vehicle constructed or adapted for propulsion on rails only. (2) This Act is to be read together with the Vehicle and Traffic Act 1999 as a single Act and accordingly – (a) words and expressions used in this Act that are defined under the Vehicle and Traffic Act 1999 (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. (3) . . . . . . . . 4. . . . . . . . . 5. . . . . . . . . 6. . . . . . . . . 7. . . . . . . . . 8. . . . . . . . . 9. Administration of Act (1) This Act shall be administered by the Commission, all police officers, and such other State Service officers and State Service employees, if any, as shall be appointed for that purpose. (2) Where, under this Act or the Vehicle and Traffic Act 1999 , any power or right may be exercised by an authorised officer, or any act is authorised or required to be done by or in respect of an authorised officer, that power may be exercised by, and that act may be done by or in respect of – (a) an officer of the Commission; or (b) an officer of a local authority; or (c) another person; or (d) persons of a specified class – authorised in writing by the Commission in that behalf. (2A) A person referred to in subsection (2)(c) may but need not be a State Service employee. (2B) A class of persons referred to in subsection (2)(d) may but need not be a class of State Service employees. (3) The Commission may only authorise an officer of a local authority to exercise a power or right in respect of, or in respect of the prevention of, prescribed offences within the municipal area of that local authority. PART II - Motor Vehicles 10. Regulations: Application to the Crown (1AA) . . . . . . . . (1) The Governor may make regulations – (a) . . . . . . . . (b) . . . . . . . . (ba) . . . . . . . . (bb) . . . . . . . . (bc) . . . . . . . . (bd) . . . . . . . . (be) . . . . . . . . (c) . . . . . . . . (ca) . . . . . . . . (d) . . . . . . . . (daa) . . . . . . . . (da) . . . . . . . . (db) . . . . . . . . (e) . . . . . . . . (f) . . . . . . . . (g) . . . . . . . . (h) . . . . . . . . (i) . . . . . . . . (j) . . . . . . . . (ja) . . . . . . . . (jb) providing for and regulating the placement and display of identifying information, such as the name and address of a registered operator and business names, on public passenger vehicles, freight carrying vehicles and other kinds of vehicle specified in the regulations; (k) . . . . . . . . (l) regulating and controlling the speed of motor vehicles in the public streets; (m) . . . . . . . . (ma) . . . . . . . . (n) . . . . . . . . (o) . . . . . . . . (oa) providing for – (i) the inspection of motor vehicles and trailers (other than motor vehicles and trailers liable to inspection under the Vehicle and Traffic Act 1999 ); and (ii) the granting of certificates as to the result of those inspections; and (iii) the recovery of the cost of any such inspection or the granting of any such certificate from the registered operator of, or any other person having a right to the possession of, or the right to use, the vehicle in respect of which the inspection is made or the certificate granted; (p) . . . . . . . . (q) . . . . . . . . (qa) . . . . . . . . (qb) . . . . . . . . (r) . . . . . . . . (ra) . . . . . . . . (rb) . . . . . . . . (rc) providing, either generally or in particular cases, requirements to be met in relation to freight carrying vehicles and other kinds of vehicle specified in the regulations, including the accommodation to be provided and the number of passengers, and the amount or mass of luggage or goods, that may be carried; (rd) providing for and regulating the operation of public passenger vehicles generally; (re) providing for and regulating the use of stands for the use of public passenger vehicles and freight carrying vehicles; (rf) . . . . . . . . (s) prescribing any matter or thing in connection with the use, possession, or ownership of motor vehicles which the Governor may deem necessary or expedient for the safety of the public, for the protection of property, or otherwise in the public interest; (sa) . . . . . . . . (t) regulating the keeping and use of petroleum, or any other inflammable or explosive liquid or fuel used for the purpose of motor vehicles, notwithstanding anything to the contrary in any enactment relating to petroleum or to any other inflammable or explosive liquid or fuel. (u) . . . . . . . . (1A) . . . . . . . . (1B) . . . . . . . . (2) . . . . . . . . (3) . . . . . . . . (3A) . . . . . . . . (4) . . . . . . . . (4A) . . . . . . . . (4AB) . . . . . . . . (4B) . . . . . . . . (5) . . . . . . . . (6) . . . . . . . . (7) . . . . . . . . (8) . . . . . . . . (9) Regulations made under this section may – (a) apply generally or be limited in their application by reference to specified exemptions or specified factors; and (b) apply differently according to different factors, limitations or restrictions of a specified kind. 10AA. . . . . . . . . 10A. . . . . . . . . 11. . . . . . . . . 11A. . . . . . . . . 11B. . . . . . . . . 11C. . . . . . . . . 11D. . . . . . . . . 12. . . . . . . . . 13. . . . . . . . . 13A. . . . . . . . . 14. . . . . . . . . 14AA. . . . . . . . . 14A. . . . . . . . . PART III - . . . . . . . . 14AB. . . . . . . . . 14B. . . . . . . . . 15. . . . . . . . . 16. . . . . . . . . 16A. . . . . . . . . 16B. . . . . . . . . 16C. . . . . . . . . 16D. . . . . . . . . 17. . . . . . . . . 18. . . . . . . . . 19. . . . . . . . . 20. . . . . . . . . 20A. . . . . . . . . 20B. . . . . . . . . 21. . . . . . . . . 22. . . . . . . . . 22A. . . . . . . . . 23. . . . . . . . . 24. . . . . . . . . 25. . . . . . . . . 26. . . . . . . . . 27. . . . . . . . . 28. . . . . . . . . 28A. . . . . . . . . 28B. . . . . . . . . 29. . . . . . . . . 30. . . . . . . . . PART IIIA - Provisions Relating to Appeals from Decisions of the Commission 30A. . . . . . . . . 30B. . . . . . . . . 30C. . . . . . . . . PART IV - Traffic 31. Regulations on recommendation of committee or council (1) The Governor may make regulations prescribing all matters and things which may be necessary or desirable for regulating and controlling the driving, using, and having in possession of any vehicle or class of vehicle in any public street or any specified part thereof; and prohibiting in any such street or part any act, matter, or thing calculated to cause damage to such street or to cause injury, danger, inconvenience, or annoyance to the public or any person or to any property; or regulating the doing of any such act, matter, or thing, for the purpose of obviating or minimizing such damage, injury, danger, inconvenience, or annoyance as aforesaid; and in addition to any other powers hereby conferred may make regulations – (a) . . . . . . . . (b) . . . . . . . . (c) . . . . . . . . (d) . . . . . . . . (e) . . . . . . . . (f) . . . . . . . . (g) . . . . . . . . (h) . . . . . . . . (i) . . . . . . . . (j) . . . . . . . . (k) . . . . . . . . (l) . . . . . . . . (m) . . . . . . . . (n) . . . . . . . . (o) . . . . . . . . (p) . . . . . . . . (q) . . . . . . . . (r) . . . . . . . . (s) . . . . . . . . (t) . . . . . . . . (u) . . . . . . . . (v) . . . . . . . . (w) . . . . . . . . (x) . . . . . . . . (y) . . . . . . . . (z) . . . . . . . . (zaa) . . . . . . . . (za) . . . . . . . . (zb) prescribing the persons by, and to whom, the times at which, and the manner in which, notification of accidents in respect of vehicles shall be given; (zc) prescribing any matter in connection with the use of, or traffic upon, the public streets which the Governor may deem necessary or expedient for the safety or convenience of the public, or otherwise in the public interest. (zd) . . . . . . . . (ze) . . . . . . . . (zf) . . . . . . . . (zg) . . . . . . . . (zh) . . . . . . . . (zi) . . . . . . . . (zj) . . . . . . . . (zk) . . . . . . . . (2) . . . . . . . . (3) . . . . . . . . (4) . . . . . . . . (5) . . . . . . . . (5A) . . . . . . . . (6) . . . . . . . . 31A. Nationally uniform road traffic laws (1) The Governor may, to further any scheme or agreement aimed at promoting or creating uniform or consistent national road transport legislation, make rules prescribing – (a) road traffic laws that are uniform or essentially uniform, in content and style, with the road traffic legislation of other Australian jurisdictions; and (b) all matters necessary or convenient to be prescribed for explaining, administering, enforcing or otherwise giving effect to or complementing those road traffic laws. (2) Without limiting the generality of subsection (1) , the rules may apply to or provide for any matter that regulations under Part 2 of the Road Transport Reform (Vehicles and Traffic) Act 1993 of the Commonwealth may apply to or provide for. (3) The rules may, for the purpose of consolidating the State's road traffic laws, include rules prescribing road traffic laws that are peculiar to the State. (4) The rules may provide that any guide, diagram, example, note or other explanatory or illustrative item set out in those rules is, or is not, a part of the rules. (5) The rules may – (a) be of limited or general application; and (b) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the rules; and (c) impose a duty or confer a power on a specified person or a specified class of persons; and (d) authorise any matter to be from time to time determined, applied or regulated by the Commission, the Commissioner of Police or a specified person; and (e) provide for exemptions from the rules; and (f) provide for any transitional matters. (g) . . . . . . . . (6) The rules may – (a) provide that a contravention of any of the rules is an offence; and (b) in respect of such an offence, provide for the imposition of a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues. 32. Reckless driving (1) A person who drives a motor vehicle on a public street recklessly, having regard to all the circumstances of the case, including the nature, condition, and use of the public street and the amount of traffic that actually is at the time or that might reasonably be expected to be on the public street, is guilty of an offence against this Act and is liable on summary conviction to – (a) a penalty not exceeding 20 penalty units, or to imprisonment for a term not exceeding 2 years, or both, for a first offence; and (b) a penalty not exceeding 40 penalty units, or to imprisonment for a term not exceeding 4 years, or both, for a second or subsequent offence. (1A) For the avoidance of doubt, a second or subsequent offence under subsection (1) includes any offence under that subsection whether the offence occurred before or after the commencement of the Criminal Code Amendment (Dangerous Driving) Act 2017 . (2) A person must not drive a motor vehicle on a public street negligently. Penalty: Fine not exceeding 5 penalty units. (2A) A person must not cause the death of another person by driving a motor vehicle on a public street negligently. Penalty: In the case of – (a) a first offence, a fine not exceeding 10 penalty units and imprisonment for a term not exceeding 2 years; and (b) a subsequent offence, a fine not exceeding 20 penalty units and imprisonment for a term not exceeding 3 years. (2B) A person must not cause grievous bodily harm to another person by driving a motor vehicle on a public street negligently. Penalty: In the case of – (a) a first offence, a fine not exceeding 10 penalty units and imprisonment for a term not exceeding 1 year; and (b) a subsequent offence, a fine not exceeding 20 penalty units and imprisonment for a term not exceeding 18 months. (2C) For the purpose of determining whether a person is driving a motor vehicle on a public street negligently, the following are to be taken into account: (a) the circumstances of the case; (b) the nature, condition and use of the public street; (c) the amount of traffic that is actually at the time, or that might reasonably be expected to be, on the public street. (3) Notwithstanding any other law to the contrary, proceedings in respect of offences under subsection (1) shall be heard and determined by a magistrate sitting alone. (4) . . . . . . . . (4AA) . . . . . . . . (4A) . . . . . . . . (4B) . . . . . . . . (5) A person may lawfully be charged and convicted of an offence under this section notwithstanding that death or bodily harm has resulted from the driving of the motor vehicle in the circumstances that are the subject of the charge and that he might have been charged with a crime under the Criminal Code arising out of the same circumstances. (6) A police officer may apprehend without warrant the driver of a motor vehicle who commits an offence under subsection (1) within his view if the driver refuses to give his name and address when required so to do by the police officer. (7) If the driver of a motor vehicle who commits an offence under subsection (1) refuses to give his name and address when required so to do, or gives a false name or address, he is guilty of an offence against this Act, and it is the duty of the owner or the registered operator of the vehicle, if required by a police officer, to give any information that it is within his power to give, and that may lead to the identification and apprehension of the driver, and if the owner or the registered operator fails to do so he also is guilty of an offence against this Act. (8) A complaint in relation to an offence against subsection (2A) or (2B) may, despite section 26 of the Justices Act 1959 , be made at any time within 12 months after the time when the alleged offence occurred. 33. Duty of driver to stop and assist in case of accident (1) In this section – crash includes – (a) a collision between 2 or more vehicles; or (b) any other accident or incident in which a person is or may have been killed or injured, property is or may have been damaged, or an animal in someone's charge is or may have been injured; driver means a person – (a) driving a vehicle; or (b) riding, leading or otherwise in charge of an animal. (2) A driver who is involved in a crash must – (a) stop immediately; and (b) stay at the scene of the crash; and (c) give any assistance which may be necessary or practicable in the circumstances and which it is in the driver's power to give. Penalty: Fine not exceeding 80 penalty units or imprisonment for a term not exceeding 2 years, or both. (3) The driver is not guilty of an offence under this section if he or she leaves the scene of the crash solely for the purposes of seeking medical, police or other emergency assistance in connection with the crash. (4) It is a defence to a charge under this section that the driver was unaware that the crash had occurred and that the lack of awareness was not due to carelessness or recklessness. 33A. . . . . . . . . 34. . . . . . . . . 35. . . . . . . . . 36. . . . . . . . . 36A. . . . . . . . . 37. . . . . . . . . 38. . . . . . . . . 39. . . . . . . . . 40. . . . . . . . . 41. Refusing to give name and address, &c. (1) A person who, when required by a police officer or an authorised officer in the execution of his duty under this Act or the Vehicle and Traffic Act 1999 – (a) to give that person's name, age, or the address of his place of residence; or (ab) where that person is the owner or registered operator of a vehicle, to give – (i) the name and address of the place of residence of any person who on a specified occasion was the driver of the vehicle; or (ii) if that person held an Australian driver licence, the number of the licence and the State or Territory in which it was issued; or (b) where that person is the driver of a vehicle and is not the owner or registered operator of the vehicle – to give the name and the address of the place of residence of the owner or registered operator of the vehicle – fails or refuses to do so, or gives particulars which he knows are likely to mislead the police officer or authorised officer, is guilty of an offence against this Act. (2) Where a request is made of a person by a police officer or authorised officer under subsection (1) (ab) or (b) , that person is not guilty of an offence under this Act by reason of his failure to give the name and address of the place of residence of the owner or registered operator of the vehicle he is driving if he proves to the satisfaction of the court before which he is prosecuted for that offence that he did not know, and could not with reasonable diligence have ascertained and given, the particulars requested. (3) A police officer may arrest a person without warrant if that person, in response to a request made by the officer under subsection (1)(a) – (a) refuses to give his name or the address of his place of residence; or (b) gives a name or an address of a place of residence that the officer has reasonable grounds for believing is false or misleading. (4) A police officer or authorised officer in the execution of his or her duty under this Act or the Vehicle and Traffic Act 1999 may require a person giving particulars under this section – (a) to sign his or her name; or (b) to provide any such particulars in writing supported by statutory declaration – and a person who fails to comply with any such requirement is guilty of an offence against this Act. (5) In the application of subsection (4) to a body corporate, the statutory declaration is to be made by – (a) a director, secretary or manager of the body corporate; or (b) any other person who, in the opinion of the police officer or authorised officer – (i) substantially controls its affairs; or (ii) is able to provide any information relating to the use of the vehicle at the time of the alleged offence. 41A. Power of police officer to forbid incapable person to drive, &c. (1) Where a police officer is of the opinion that a person who is for the time being in charge of a motor vehicle is, by reason of his physical or mental condition, however arising, incapable of having proper control of the motor vehicle, the police officer may – (a) forbid that person to drive the motor vehicle; (b) direct that person to deliver up to the police officer forthwith all ignition keys and other keys of the motor vehicle that are in that person's possession; and (c) take such steps as may be necessary to render the motor vehicle immobile or to remove it to a place of safety. (2) A person who fails to comply with a direction given to him under subsection (1) or does an act that is for the time being forbidden under that subsection is guilty of an offence against this Act, but no person shall be convicted of an offence under this subsection unless the court before which he is charged is satisfied that the police officer had reasonable grounds for believing that, in all the circumstances of the case, the direction or prohibition was necessary in the interests of the defendant, or of any other person, or of the public. (3) Subject to subsection (4) , where a police officer exercises the powers conferred by subsection (1) , he shall retain the ignition keys and other keys of the motor vehicle and cause the motor vehicle to be kept immobile or in a place of safety until such time as, in his opinion, the person referred to in the last-mentioned subsection is capable of having proper control of the motor vehicle. (4) Notwithstanding anything in subsection (3) , a person who is directed or forbidden to do anything, pursuant to subsection (1) , may, at the time when the direction or prohibition is given or imposed or at any time thereafter, request that – (a) his capacity to have proper control of the motor vehicle be determined by a police officer (in this subsection referred to as "the senior police officer") of a higher rank than the police officer who gave the direction or imposed the prohibition, if the last-mentioned police officer is of a rank lower than inspector; or (b) he be permitted to submit himself for examination by a medical practitioner – and if it is reasonably practicable that the request be granted the police officer who gave the direction or imposed the prohibition shall make the necessary arrangements accordingly, and if the senior police officer or the medical practitioner, as the case may be, certifies that he is of the opinion that that person is capable of having proper control of the motor vehicle, the police officer who has possession of the ignition keys and other keys of the motor vehicle shall forthwith return them to that person and, if the motor vehicle has been rendered immobile, shall also without further delay cause it to be again returned to running order. 41B. Power of police officer to temporarily confiscate personal mobility devices, wheeled recreational devices and wheeled toys (1) In this section – adult means a person who has attained the age of 17 years; Commissioner means the Commissioner of Police; contravention includes a failure to comply; personal mobility device means a personal mobility device within the meaning of the Road Rules; wheeled recreational device means a wheeled recreational device within the meaning of the Road Rules; wheeled toy means a wheeled toy within the meaning of the Road Rules. (2) A police officer who reasonably believes that a person apparently in charge of a personal mobility device, wheeled recreational device or wheeled toy is using it contrary to the Road Rules may, having regard to the circumstances of the contravention and any attendant danger to the person or the public, seize and detain the device or toy. (3) Subsection (2) has effect whether or not the police officer takes any other action regarding the contravention. (4) The police officer, on seizing the personal mobility device, wheeled recreational device or wheeled toy, must inform the person how it may be re-claimed. (5) After 7 days the Commissioner must, when practicable, release the personal mobility device, wheeled recreational device or wheeled toy on request to – (a) the person from whom it was seized if the person is then an adult; or (b) if the person from whom it was seized is not then an adult – (i) the person's parent or guardian; or (ii) an adult who is legally entitled to take possession of the device or toy. (6) If the personal mobility device, wheeled recreational device or wheeled toy is not re-claimed and released within 30 days of its seizure, the Commissioner must make a reasonable attempt to notify the person from whom it was seized that, if not re-claimed, the device or toy will be forfeited to the Crown after a further 30 days. (7) If, after the Commissioner has complied with subsection (6) , the personal mobility device, wheeled recreational device or wheeled toy has still not been re-claimed and released within the further 30 days it is forfeited to the Crown and may be sold or otherwise disposed of as the Commissioner sees fit. 41C. Road authorities not liable if roads, &c., unsuitable for wheeled recreational devices and toys (1) In this section – edge line for a road, means a line marked along the road at or near the far left or far right side of the road (excluding any road-related area); road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles and includes – (a) a road shoulder; and (b) a road-related area; road authority means a person, body corporate or body politic responsible for designing, constructing, maintaining or managing roads; road-related area means any of the following: (a) an area that divides a road; (b) a footpath or nature strip adjacent to a road; (c) an area that is not a road but is open to the public and designated for use, whether exclusively or otherwise, by cyclists or animals; (d) an area that is not a road but is open to or used by the public for driving, riding or parking vehicles; road shoulder means any part of a road that is not designed to be used by motor vehicles in travelling along the road, and includes – (a) for a kerbed road, any part of the kerb; and (b) for a sealed road, any unsealed part of the road and any sealed part of the road outside the edge line of the road – but does not include a footpath or any other kind of path; wheeled recreational device means a wheeled recreational device within the meaning of the Road Rules; wheeled toy means a wheeled toy within the meaning of the Road Rules. (2) A road authority does not incur any civil liability for an act or omission on its part in the design, construction, maintenance or management of a road to take account of the fact that the users or potential users of the road may include riders of wheeled recreational devices and wheeled toys. 41CA. Declaration of road for use by personal mobility devices (1) In this section – personal mobility device means a personal mobility device within the meaning of the Road Rules; PMD user means a PMD user within the meaning of the Road Rules; road authority has the same meaning as in section 41C ; speed-limited road means a road on which the speed-limit for drivers on that road is not greater than 50 kilometres per hour. (2) The road authority for a speed-limited road may, by notice published in the Gazette, declare that road to be a road on which a PMD user may travel, subject to such terms and conditions as are specified in the notice.