(1)  Subject to these regulations, a person is eligible to hold a driver licence if the person –

(a) is a resident of Tasmania; and

(b) has reached –

(i) in the case of a learner car licence, the age of 16 years; or

(ii) in the case of a learner motor cycle licence issued on or after 1 July 2007, the age of 16 years and 6 months; or

(iii) in the case of a provisional licence, the age of 17 years; or

(iv) in any other case, the age prescribed under subregulation (4) ; and

(c) is physically and mentally fit to drive a motor vehicle of the relevant class; and

(d) is (unless the licence is to be issued as a learner licence) competent to drive a motor vehicle of the relevant class; and

(e) has an adequate knowledge of the law governing road traffic; and

(f) satisfies any additional eligibility criteria prescribed under subregulations (2) and (4) ; and

(g) is in other respects a suitable person to hold the licence.

(2)  A novice driver in the L1 stage, or a driver who has never held a full licence, in relation to a car is required to have held an L1 learner licence for a continuous period of at least 3 months ending not more than 28 days before applying for an L2 learner licence.

(3)  Subregulation (2) does not apply to a novice driver who is regressed under section 13A of the Act from the L2 stage to the L1 stage.

(4)  The following additional eligibility criteria apply to a novice driver in the L2 stage in relation to a car:

(a) subject to subregulations (5) and (11) , the person must have held an L2 licence for a continuous period of at least 9 months ending not more than 28 days before applying for a P1 provisional licence;

(b) subject to subregulation (6) , the person must have 50 hours of experience driving a car recorded in his or her learner driver logbook before applying for a P1 provisional licence.

(5)  Subregulation (4)(a) does not apply to a novice driver who is regressed under section 13A of the Act in relation to a car from the P1 stage to the L2 stage.

(6)  Subregulation (4)(b) does not apply to a novice driver who is regressed under section 13A of the Act in relation to a car from the P1 stage to the L2 stage.

(7)  If the applicant's learner driver logbook has been lost, stolen or destroyed, he or she may provide a statutory declaration stating –

(a) that the learner driver logbook has been lost, stolen or destroyed; and

(b) the number of hours recorded in the learner driver logbook and the name of the person referred to in regulation 10(11)(b) .

(8)  The following additional eligibility criteria apply to driver licences of the classes specified below:

(a) for a motor cycle licence –

(i) if, subject to subregulation (9) , the applicant is a novice rider and is the holder of a learner motor cycle licence, the applicant must hold that licence for a continuous period of at least 6 months ending not more than 28 days before applying for a motor cycle licence; and

(ii) if the Registrar requires, in the case of a novice rider or the holder of a motorcycle learner licence, the applicant must have attended and successfully completed a training course approved by the Registrar in the operation and driving of motor cycles;

(b) for a light rigid vehicle licence, a medium rigid vehicle licence, a heavy rigid vehicle licence, a heavy combination vehicle licence or a multi-combination vehicle licence – the applicant must satisfy the following eligibility criteria:

(i) for a light rigid vehicle licence or medium rigid vehicle licence – the applicant must have reached the age of 19 years and must have held an Australian driver licence of class "C" or above for at least 12 months;

(ii) for a heavy rigid vehicle licence – the applicant must have reached the age of 20 years, must have held an Australian driver licence of class "C" or above for at least 2 years and either must have held a licence of class "LR" or above for at least 12 months or must have passed an approved driver training course for the relevant licence class;

(iii) for a heavy combination vehicle licence – the applicant must have reached the age of 20 years, must have held an Australian driver licence of class "C" or above for at least 2 years and either must have held a licence of class "MR" or above for at least 12 months or must have passed an approved driver training course for the relevant licence class;

(iv) for a multi-combination vehicle licence – the applicant must have reached the age of 21 years, must have held an Australian driver licence of class "HR" or above for at least 12 months and must have passed an approved driver training course for the relevant licence class.

(9)  Subregulation (8)(a)(i) does not apply to a novice rider who has been regressed under section 13A of the Act in relation to a motor cycle from the P1 stage to the motor cycle learner stage.

(10)  In calculating the period for which a person has held an Australian driver licence –

(a) the Registrar must exclude any period for which –

(i) the person has held the licence as a learner licence; or

(ii) the person has been disqualified from driving by an Australian court or by the operation of an automatic statutory penalty; or

(iii) the licence has been suspended; and

(b) if the person has held a licence to drive a motor vehicle in an external territory or a foreign country, the Registrar may take into account the period (or some of the period) as if the licence had been an Australian driver licence.

(11)  The Registrar may exempt a person from an eligibility requirement under subregulation (4)(a) if the person satisfies the Registrar that the exemption is justified in view of the person's age, experience, occupation or the special circumstances of the person's case.

(12)  The Registrar may exempt a person from an eligibility requirement under subregulation (4)(b) if the person –

(a) has reached the age of 17 years and has held an Australian driver licence (other than a learner licence) of class "C" or above, or a similar foreign driver licence (other than a learner licence), for at least 12 months; and

(b) satisfies the Registrar that the exemption is justified in view of the person's age, experience, occupation or the special circumstances of the person's case.

(13)  Subject to subregulation (14) , a person is not eligible to hold a driver licence (other than a restricted driver licence) –

(a) if the person –

(i) is currently disqualified from driving by order of an Australian court or by the operation of an automatic statutory penalty; or

(ii) is currently disqualified from driving under the law of a foreign country as a result of an offence that would, if committed in Tasmania, have resulted in the person being disqualified from driving; or

(iii) is subject to a period of licence suspension or cancellation under the law of Tasmania or another Australian jurisdiction; or

(iv) is subject to a period of ineligibility to hold a driver licence under the law of Tasmania or another Australian jurisdiction; or

(b) if the person –

(i) has been ordered by a court to attend a prescribed course under section 18 of the Road Safety (Alcohol and Drugs) Act 1970 ; and

(ii) has not been issued with a certificate under section 18(8) of that Act certifying the person's attendance at, and satisfactory completion of, the course.

(14)  If an applicant for a driver licence –

(a) is disqualified from driving under the law of another jurisdiction for an offence involving the use of alcohol or a drug until requirements relating to treatment, education, assessment or rehabilitation are complied with; and

(b) has not complied with those requirements in that other jurisdiction –

the Registrar may impose equivalent requirements and, if the applicant complies with those requirements to the Registrar's satisfaction, exempt the applicant from the ineligibility imposed under subregulation (13)(a) .