AustLII Tasmanian Consolidated Acts

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ROAD SAFETY (ALCOHOL AND DRUGS) ACT 1970 - SECT 19A

19A. Driving while disqualified under this Act

      (1) A person who, except in so far as he is authorized to do so by a licence issued pursuant to an order made under section 18 of the Vehicle and Traffic Act 1999, drives a motor vehicle while he is disqualified from driving under this Act is guilty of an offence.

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 a further period of disqualification (not exceeding 3 years) fixed by the court; 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) and a further period of disqualification (not exceeding 5 years) fixed by the court.

      (2) 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.

      (3) 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.

      (4) 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.



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