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) i