(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 auxiliary motor (or motors) with a power output (or combined power output) of not more than 200 watts; 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.