AustLII Tasmanian Numbered Regulations

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VEHICLE AND TRAFFIC (DRIVER LICENSING AND VEHICLE REGISTRATION) REGULATIONS 2010 (S.R. 2010, NO. 37) - REG 12

Provisional licences

(1)  A driver licence of a particular class issued to a person who has progressed beyond the status of a learner driver, but who has not progressed beyond the status of a provisional driver, is to be issued as a provisional licence.
(2)  A provisional licence is to be issued –
(a) for a period of 12 months in the case of a P1 provisional licence; or
(b) for a period of up to 2 years in the case of a P2 provisional licence.
(3)  Subject to subregulation (5) , a person is to hold –
(a) a P1 provisional licence for at least 12 continuous months; and
(b) a P2 provisional licence for at least –
(i) in the case of a person aged less than 23 years at the time of obtaining the P2 provisional licence, 2 years; or
(ii) in the case of a person aged 23 years but less than 25 years at the time of obtaining the P2 provisional licence, 12 months or until the person reaches the age of 25 years, whichever is longer; or
(iii) in the case of a person aged 25 years or older at the time of obtaining the P2 provisional licence, 12 months.
(4)  Subject to subregulation (5) , a person progresses beyond the status of a provisional driver in relation to the driving of motor vehicles for which a licence of a particular class is required (being a car licence or motor cycle licence), if the person –
(a) obtains a provisional licence in relation to that class under these regulations or a corresponding law; and
(b) holds that licence for the period specified in subregulation (3) ; and
(c) obtains a full licence in relation to that licence class.
(5)  Subregulations (3) and (4) are subject to the following qualifications:
(a) none of the following periods is to be counted as part of a period for which a person has held a provisional licence:
(i) a period for which the provisional licence is suspended;
(ii) a period intervening between the cancellation of the provisional licence and the issue of a new licence to the former holder of the cancelled licence;
(iii) a period for which the person is disqualified from driving and, if the period of disqualification is more than 4 months (and the licence is not suspended), the period between the end of the disqualification period and the date on which a new licence is issued;
(iv) a period for which the person is subject to a period of ineligibility under the demerit points scheme;
(v) a period for which the person held a provisional licence before being regressed under section 13A of the Act or being required to recommence a provisional period under section 13B of the Act;
(b) if, during the P1 stage, a person's provisional licence is suspended or cancelled, or the person is disqualified from driving or becomes subject to a period of ineligibility under the demerit points scheme, the following provisions apply:
(i) where the licence is suspended – the period for which the person has held the provisional licence before the suspension comes to an end is to be ignored and the period for which the person is required to hold a provisional licence is determined as if the person first obtained a provisional licence when the suspension comes to an end (irrespective of whether the person in fact then obtains a new provisional licence);
(ii) where the licence is cancelled – the period for which the person has held a provisional licence before the issue of a new provisional licence is to be ignored and the period for which the person is required to hold a provisional licence is determined as if the person first obtained a provisional licence when a new provisional licence is issued;
(iii) where the person is disqualified from driving for 4 months or less or becomes subject to a period of ineligibility under the demerit points scheme after the provisional licence has expired – the period for which the person has held a provisional licence before the end of the period of disqualification or ineligibility is to be ignored and the period for which the person is required to hold a provisional licence is determined as if the person first obtained a provisional licence when the period of disqualification or ineligibility comes to an end (irrespective of whether the person in fact then obtains a new provisional licence);
(iv) where the person is disqualified from driving for more than 4 months after the provisional licence has expired – the period for which the person has held a provisional licence before the end of the period of disqualification is to be ignored and the period for which the person is required to hold a provisional licence is determined as if the person first obtained a provisional licence when a new provisional licence is issued.
(6)  A person is only required to progress beyond the status of a provisional driver in relation to a particular licence class once in his or her driving career.
(7)  A person who progresses beyond the status of a provisional driver in relation to a car does not, by virtue of that progression, progress beyond the status of a provisional driver in relation to a motor cycle.
(8)  A person who progresses beyond the status of a provisional driver in relation to a motor cycle does not, by virtue of that progression, progress beyond the status of a provisional driver in relation to a car.
(9)  Subject to subregulation (10) , a person who is in the P1 stage must not drive a motor vehicle on a public street unless a sign issued or authorised by the Registrar displaying the letter " P " in red lettering on a white background (a " P-plate " ) is displayed so as to be clearly visible –
(a) in the case of a motor cycle, at the rear of the motor cycle; or
(b) in the case of any other motor vehicle, at the front and rear of the motor vehicle or, if the motor vehicle is towing a trailer and the trailer would obscure the letter displayed at the rear of the motor vehicle, at the front of the motor vehicle and at the rear of the trailer.
Penalty:  Fine not exceeding 5 penalty units.
(10)  A person is not subject to the requirements of subregulation (9) if that person –
(a) is driving an authorised emergency vehicle to or from the scene of an emergency; or
(b) is a police officer driving a motor vehicle in the course of official duties.
(11)  A person must not employ, cause or permit another to drive a motor vehicle in contravention of this regulation.
Penalty:  Fine not exceeding 5 penalty units.
(12)  The holder of a provisional licence issued by another State or a Territory who wishes to be issued with a Tasmanian licence may be issued with –
(a) a P1 licence if he or she has held the interstate provisional licence for 12 months or less; or
(b) a P2 licence if he or she has held the interstate provisional licence for more than 12 months.
(13)  In this regulation –
authorised emergency vehicle means –
(a) a fire engine or other vehicle of which the State Fire Commission is the registered operator or which is operated under the authority of the State Fire Commission; or
(b) an ambulance operating under the authority of the Director of Ambulance Services;
provisional licence does not include a restricted driver licence issued to a person who has not progressed beyond the status of a provisional driver.



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