AustLII Tasmanian Numbered Regulations

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VEHICLE AND TRAFFIC (DRIVER LICENSING AND VEHICLE REGISTRATION) REGULATIONS 2010 (S.R. 2010, NO. 37) - REG 22

Issue of driver licence

(1)  Subject to these regulations, the Registrar must issue a driver licence of a particular class and type to an applicant if satisfied that the applicant is eligible to hold the licence.
(2)  If –
(a) the application is for a driver licence of a particular class in the hierarchy of licence classes; and
(b) the Registrar is not satisfied that the applicant is eligible to hold a licence of the class sought in the application but is eligible to hold a licence of a lower class; and
(c) the applicant asks the Registrar to issue a licence of the lower class on the application –
the Registrar must issue a licence of the lower class.
(3)  A driver licence is to be issued either as a licence of a particular class in the hierarchy of licence classes or as a motor cycle licence, or as both.
(4)  If an applicant already holds an Australian driver licence, the applicant must surrender the licence before a new driver licence is issued under these regulations (unless the application is for a learner licence).
(5)  If an applicant holds a foreign driver licence, the Registrar may require the applicant to surrender the licence before a driver licence is issued under these regulations.
(6)  The Registrar must not issue a driver licence to an applicant if the applicant would, as a result, hold 2 or more full licences.
(7)  A driver licence issued contrary to subregulation (6) is void.
(8)  The Registrar may refuse to issue a driver licence to an applicant if the applicant has failed to pay a fine or other pecuniary penalty, or an instalment of a fine or other pecuniary penalty, arising out of the use of a motor vehicle in Australia.
(9)  The Registrar may refuse to issue a driver licence if it appears appropriate to do so having regard to a judgment, order or decision of an Australian court.
(10)  A driver licence issued after a period of disqualification imposed by an Australian court or by the operation of an automatic statutory penalty may be issued as a probationary licence.
(11)  A driver licence may be issued, on an interim basis, in the form of a driver licence receipt.
(12)  A driver licence receipt is to be in a form approved by the Registrar.
(13)  A driver licence receipt is to be treated as the driver licence of the person to whom it is issued until the earliest of the following:
(a) a date stated in the receipt;
(b) an official licence document is received by the person to whom it is issued;
(c) the Registrar, by notice in writing to the holder of the receipt, cancels the receipt on the ground that the receipt was issued in error.



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