Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
VEHICLE AND TRAFFIC AMENDMENT (NOVICE
DRIVER LICENSING) BILL 2008
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 VEHICLE AND TRAFFIC ACT 1999 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Part 3, Division 1A inserted
Division 1A Regression and recommencement of novice
drivers and novice riders
13A. Regression of novice drivers and novice riders
13B. Recommencement or extension of provisional period
on conviction for prescribed offence
6. Section 17 amended (Power of court to order disqualification)
7. Section 18 amended (Restricted driver licences)
8. Part 3, Division 3C inserted
Division 3C Prescribed offences by learner drivers
19D. Conviction under Monetary Penalties Enforcement
Act 2005 for unaccompanied driver offence
19E. Court-imposed penalties for unaccompanied driver
offence
9. Section 25 amended (Period of ineligibility for unlicensed
drivers)
[Bill 17]-IV
10. Section 67 amended (Evidentiary certificates)
PART 3 TRAFFIC ACT 1925 AMENDED
11. Principal Act
12. Section 43H amended (Service and acceptance of traffic
infringement notices)
2
VEHICLE AND TRAFFIC AMENDMENT (NOVICE
DRIVER LICENSING) BILL 2008
(Brought in by the Minister for Infrastructure, Resources,
Planning and Workplace Relations, the Honourable Steven
Kons)
A BILL FOR
An Act to amend the Traffic Act 1925 and the Vehicle and
Traffic Act 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
Amendment (Novice Driver Licensing) Act 2008.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 17] 3
Vehicle and Traffic Amendment (Novice Driver Licensing) Act
2008
Act No. of
s. 3 Part 2 Vehicle and Traffic Act 1999 Amended
PART 2 VEHICLE AND TRAFFIC ACT 1999
AMENDED
3. Principal Act
In this Part, the Vehicle and Traffic Act 1999* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definitions
after the definition of "nominated
configuration":
"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
*No. 70 of 1999
4
Vehicle and Traffic Amendment (Novice Driver Licensing) Act
2008
Act No. of
Part 2 Vehicle and Traffic Act 1999 Amended s. 5
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;
(b) by inserting the following definition after
the definition of "truck":
"unaccompanied driver offence"
means an offence prescribed in
the regulations as an
unaccompanied driver offence;
5. Part 3, Division 1A inserted
After section 13 of the Principal Act, the
following Division is inserted in Part 3:
5
Vehicle and Traffic Amendment (Novice Driver Licensing) Act
2008
Act No. of
s. 5 Part 2 Vehicle and Traffic Act 1999 Amended
Division 1A Regression and recommencement of novice
drivers and novice riders
13A. Regression of novice drivers and novice
riders
(1) A novice driver or novice rider who
during the same novice licensing stage or
during any 6-month period incurs any
one of the following twice, or incurs any
2 of the following:
(a) a disqualification from driving;
(b) a suspension of his or her licence
under section 20;
(c) a period of ineligibility under
section 25
is regressed as prescribed by the
regulations to the preceding novice
licensing stage.
(2) The regression imposed by subsection (1)
takes effect on the expiration of the
second period of disqualification,
suspension or ineligibility.
(3) Any driver licence held by the person in
his or her capacity as a novice driver or
novice rider at the time of regression is
cancelled.
(4) Subsection (1) does not apply where the
liability for the second period of
6
Vehicle and Traffic Amendment (Novice Driver Licensing) Act
2008
Act No. of
Part 2 Vehicle and Traffic Act 1999 Amended s. 5
disqualification, suspension or
ineligibility arises from the same offence
that resulted in the first period of
disqualification, suspension or
ineligibility.
(5) A period of disqualification, suspension
or ineligibility must not be counted more
than once in determining whether a
person is to be regressed.
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
(i) the first continuous 12-
month period for which
he or she is required to
hold a provisional licence;
or
(ii) any further continuous
12-month period for
which he or she is
required to hold a
provisional licence as a
result of being regressed
under section 13A; and
7
Vehicle and Traffic Amendment (Novice Driver Licensing) Act
2008
Act No. of
s. 6 Part 2 Vehicle and Traffic Act 1999 Amended
(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) Subsection (1) does not apply to a novice
driver or novice rider who commits a
prescribed offence and as a result is
liable to be regressed under section 13A.
6. Section 17 amended (Power of court to order
disqualification)
Section 17(1) of the Principal Act is amended by
omitting "section 19B" and substituting
"sections 19B and 19E".
7. Section 18 amended (Restricted driver licences)
Section 18(2) of the Principal Act is amended by
inserting after paragraph (b) the following
paragraph:
(ba) a novice driver or novice rider who is
liable to be regressed in relation to a
particular class of licence under
section 13A and who has not held, in
relation to that class, a provisional
licence for 12 continuous months or any
further continuous 12-month period for
8
Vehicle and Traffic Amendment (Novice Driver Licensing) Act
2008
Act No. of
Part 2 Vehicle and Traffic Act 1999 Amended s. 8
which he or she is required to hold a
provisional licence as a result of being
regressed;
8. Part 3, Division 3C inserted
After section 19C of the Principal Act, the
following Division is inserted in Part 3:
Division 3C Prescribed offences by learner drivers
19D. Conviction under Monetary Penalties
Enforcement Act 2005 for unaccompanied
driver offence
(1) If a novice driver who commits an
unaccompanied driver offence is taken to
have been convicted of that offence in
accordance with section 20 of the
Monetary Penalties Enforcement Act
2005
(a) he or she is, by that conviction,
disqualified from driving for a
period of 3 months; and
(b) any driver licence held by him or
her is cancelled.
(2) The penalty imposed by subsection (1) is
in addition to any other penalty that the
person may be liable to in respect of the
offence.
9
Vehicle and Traffic Amendment (Novice Driver Licensing) Act
2008
Act No. of
s. 8 Part 2 Vehicle and Traffic Act 1999 Amended
(3) A period of disqualification under this
section starts and ends on the dates
specified in a notice of disqualification
served on the person by the Registrar.
19E. Court-imposed penalties for unaccompanied
driver offence
(1) A court that convicts a novice driver of
an unaccompanied driver offence must
(a) disqualify the convicted person
from driving for a period of not
less than 3 months; and
(b) cancel any driver licence held by
the person; and
(c) impose on the person a fine of
(i) not less than $150 or, if
another amount is
prescribed (whether in
dollars or penalty units),
the prescribed amount;
and
(ii) not more than the
maximum fine prescribed
under this Act.
(2) Notwithstanding subsection (1), the court
may impose a lesser period of
disqualification or a lesser fine than the
minimum period of disqualification or
10
Vehicle and Traffic Amendment (Novice Driver Licensing) Act
2008
Act No. of
Part 2 Vehicle and Traffic Act 1999 Amended s. 9
fine required under that subsection if it is
satisfied that it is just to do so because
there are, in the circumstances of the
case, special reasons for exercising the
power conferred by this subsection.
9. Section 25 amended (Period of ineligibility for
unlicensed drivers)
Section 25 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) Subsection (1)(a) does not apply
to a person who has held a
provisional licence for the
required period to be eligible to
obtain a full licence but has never
held a full licence.
(b) by omitting subparagraph (ii) from
subsection (5)(b) and substituting the
following subparagraph:
(ii) has held a provisional licence for
the required period to be eligible
to obtain a full licence but has
never held a full licence.
11
Vehicle and Traffic Amendment (Novice Driver Licensing) Act
2008
Act No. of
s. 10 Part 2 Vehicle and Traffic Act 1999 Amended
10. Section 67 amended (Evidentiary certificates)
Section 67 of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(6) A certificate signed by the Registrar
certifying that a person is to be regressed
in respect of a particular class of licence
under this Act is admissible in legal
proceedings as evidence of the fact so
certified and, in the absence of evidence
to the contrary, as proof of that fact.
12
Vehicle and Traffic Amendment (Novice Driver Licensing) Act
2008
Act No. of
Part 3 Traffic Act 1925 Amended s. 11
PART 3 TRAFFIC ACT 1925 AMENDED
11. Principal Act
In this Part, the Traffic Act 1925* is referred to
as the Principal Act.
12. Section 43H amended (Service and acceptance of
traffic infringement notices)
Section 43H(6A) of the Principal Act is
amended as follows:
(a) by omitting "is " and substituting "is a
prescribed offence.";
(b) by omitting paragraphs (a) and (b).
*No. 38 of 1925
Government Printer, Tasmania 13