AustLII Tasmanian Numbered Regulations

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VEHICLE AND TRAFFIC (DRIVER LICENSING AND VEHICLE REGISTRATION) REGULATIONS 2010 (S.R. 2010, NO. 37) - SCHEDULE 2

- Demerit Points Offences

SCHEDULE 2 - Demerit Points Offences

Regulation 35

Note
The following abbreviations are used in this Schedule:
DLVR Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000
RR Road Rules 2009
TA Traffic Act 1925
VSR Vehicle and Traffic (Vehicle Standards) Regulations 2001
VT Vehicle and Traffic Act 1999

INDEX

PART 1 – NATIONAL SCHEDULE OF DEMERIT POINTS OFFENCES

Driving contrary to minor defect notice

Driving contrary to major defect notice or prohibition on use

Failing to dip headlights

Following too closely

Driving at night without lights

Exceeding speed-limit

Improperly overtaking or passing

Turning or stopping without signalling

Turning improperly

Failing to keep left

Disobeying traffic signal

Disobeying stop or give way sign or line, or police directing traffic

Failing to give way

Failing to stop or give way at pedestrian, children’s or level crossing

Driving with unrestrained passengers

Driving without seatbelts

Failing to wear helmet

Failing to keep left of dividing line(s) or median strip

Driving carelessly or negligently

PART 2 – SCHEDULE OF RECOGNISED INTERSTATE DEMERIT POINTS OFFENCES

Note: There are no offences prescribed.

PART 3 – SCHEDULE OF LOCAL DEMERIT POINTS OFFENCES

Disobeying sign/road marking

Failing to give way

Heavy vehicle signs

Seatbelts

Speeding

Miscellaneous

PART 1 - National Schedule of Demerit Points Offences

Col 1 Item

Col 2 Offence

Col 3 Legislation creating offence

Col 4 Demerit points

 

Driving contrary to minor defect notice

   

1. 

Fail to comply with minor vehicle defect notice

DLVR 72(2)

1

2. 

Use vehicle contrary to condition in minor defect notice

DLVR 72(3)

1

 

Driving contrary to major defect notice or prohibition on use

   

3. 

Fail to comply with major vehicle defect notice

DLVR 72(1)

3

4. 

Use vehicle contrary to condition in major defect notice

DLVR 72(3)

3

5. 

Use/permit use of motor vehicle or trailer on public street contrary to prohibition on use

VT 32

3

 

Failing to dip headlights

   

6. 

Use/allow high-beam headlights within 200 metres of moving vehicle

RR 218(1)

1

7. 

Use/allow use of lights likely to dazzle another road user

RR 219

1

 

Following too closely

   

8. 

Follow another vehicle too closely to stop safely

RR 126

1

9. 

Long vehicle driver fail to keep required minimum distance behind another long vehicle

RR 127(1)

1

 

Driving at night without lights

   

10. 

Drive at night or in weather reduced visibility conditions without head/tail/number plate lights effectively operating and visible

RR 215(1)(a)

1

11. 

Drive at night or in weather reduced visibility conditions without clearance/side marker lights effectively operating and visible

RR 215(1)(b)

1

12. 

Tow vehicle at night or in weather reduced visibility conditions without lights as required on towed vehicle

RR 216(1)

1

 

Exceeding speed-limit

   

13. 

Exceed applicable speed-limit applying to driver for length of road by less than 15 km/h

RR 20

2

14. 

Exceed applicable speed-limit applying to driver for length of road by 15 km/h or more but less than 30 km/h

RR 20

3

15. 

Exceed applicable speed-limit applying to driver for length of road by 30 km/h or more but less than 38 km/h

RR 20

5

16. 

Exceed applicable speed-limit applying to driver for length of road by 38 km/h or more but less than 45 km/h

RR 20

6

17. 

Exceed applicable speed-limit applying to driver for length of road by 45 km/h or more

RR 20

6

 

Improperly overtaking or passing

   

18. 

Drive past a no overtaking or passing sign when oncoming vehicle on bridge/road

RR 93(1)(a)

2

19. 

Overtake vehicle on bridge/road contrary to no overtaking or passing sign

RR 93(1)(b)

2

20. 

Overtake on bridge contrary to no overtaking on bridge sign

RR 94

2

21. 

Overtake when unsafe and when no clear view of any approaching traffic

RR 140

2

22. 

Driver (other than cyclist) overtake to left of vehicle when not permitted

RR 141(1)

2

23. 

Driver overtake to right of vehicle indicating turning right or doing U-turn

RR 142 (1)

2

24. 

Pass/overtake (when unsafe) to left of vehicle with do not overtake turning vehicle sign that is indicating turning left

RR 143(1)

2

25. 

Pass/overtake (when unsafe) to right of vehicle with do not overtake turning vehicle sign that is indicating turning right, or doing U-turn

RR 143(2)

2

26. 

Overtake too close to another vehicle

RR 144(a)

2

27. 

Cut in front of vehicle after overtaking

RR 144(b)

2

 

Turning or stopping without signalling

   

28. 

Fail to give required left change of direction signal

RR 46(1)

2

29. 

Fail to give required right change of direction signal

RR 48(1)

2

30. 

Fail to give required stop signal

RR 53(1)

2

31. 

Fail to give sufficient stop signal on stopping

RR 53(2)

2

32. 

Fail to give stop signal when suddenly slowing

RR 53(3)

2

33. 

Fail to give sufficient left change of direction signal before entering roundabout (when leaving at first exit)

RR 112(2)

2

34. 

Fail to continue left change of direction signal (when leaving at first exit of roundabout)

RR 112(3)

2

35. 

Fail to give sufficient right change of direction signal before entering roundabout (when travelling more than halfway through)

RR 113(2)

2

36. 

Fail to continue right change of direction signal (when travelling more than halfway through roundabout)

RR 113(3)

2

37. 

Fail to indicate left-change of lane/traffic line in roundabout

RR 117(1)

2

38. 

Fail to indicate right-change of lane/traffic line in roundabout

RR 117(2)

2

39. 

Fail to indicate left when leaving roundabout (if practicable)

RR 118(1)

2

 

Turning improperly

   

40. 

Fail to keep left when starting left hand turn (from other than multi-lane road)

RR 27(1)

2

41. 

Fail to approach and enter from within left lane (unless otherwise permitted) when turning left from multi-lane road

RR 28(1)

2

42. 

Fail to approach and enter from within slip lane (unless obstructed) when turning left at intersection from multi-lane road with slip lane

RR 28(1A)

2

43. 

Fail to make left hand turn at intersection as indicated by turn line

RR 29(1)

2

44. 

Start right hand turn incorrectly (from other than multi-lane road)

RR 31(1)

2

45. 

Fail to approach and enter from within right lane (unless otherwise permitted) when turning right at intersection from multi-lane road

RR 32(1)

2

46. 

Make right hand turn incorrectly

RR 33(1)

2

47. 

Fail to make hook turn correctly at hook turn only sign

RR 34(1)

2

48. 

Start U-turn without clear view and when could unreasonably obstruct traffic

RR 37

2

49. 

Make U-turn contrary to no U-turn sign (at dividing strip)

RR 39(1)

2

50. 

Make U-turn contrary to no U-turn sign (along road)

RR 39(2)

2

51. 

Make U-turn at intersection with traffic lights without U-turn permitted sign

RR 40

2

52. 

Make U-turn at intersection without traffic lights (contrary to no U-turn sign )

RR 41

2

53. 

Start U-turn at intersection from incorrect position

RR 42

2

54. 

Fail to turn left at left turn only sign

RR 88(1)

2

55. 

Fail to turn left when entering intersection in left lane must turn left sign lane

RR 88(2)

2

56. 

Fail to turn right at right turn only sign

RR 89(1)

2

57. 

Fail to turn right when entering intersection in right lane must turn right sign lane

RR 89(2)

2

58. 

Turn at no turns sign

RR 90

2

59. 

Turn left at no left turn sign

RR 91(1)

2

60. 

Turn right at no right turn sign

RR 91(2)

2

61. 

Make U-turn at no right turn sign

RR 91(2)

2

 

Failing to keep left

   

62. 

Fail to keep left of central traffic island in roundabout

RR 115(1)(a)

2

63. 

Fail to keep to left of centre of traffic island in roundabout (where vehicle too large to drive in roundabout without driving on edge of central traffic island)

RR 115(1)(b)

2

64. 

Fail to keep to left of centre of traffic island (where vehicle too large to drive in roundabout without driving over central traffic island)

RR 115(1)(c)

2

65. 

Driver (other than motor bike rider) fail to keep to far left side of road (except on multi-lane road)

RR 129(1)

2

66. 

Drive in a right hand lane on multi-lane road (in an over 80 km/h zone or with keep left unless overtaking sign ) when not permitted

RR 130(2)

2

67. 

Fail to keep left of oncoming vehicles as required unless rider of postal vehicle, bicycle or animal riding on path or nature strip

RR 131(1)

2

68. 

Fail to keep left of centre of road (when no dividing line/median strip)

RR 132(1)

2

 

Disobeying traffic signal

   

69. 

Fail to stop as required on red traffic light

RR 56(1)

3

70. 

Fail to stop as required on red traffic arrow

RR 56(2)

3

71. 

Fail to stop on yellow traffic light when could have done so safely and/or proceed before permitted

RR 57(1)

3

72. 

Fail to stop on yellow traffic arrow when could have done so safely and/or proceed before permitted

RR 57(2)

3

73. 

Enter intersection contrary to red traffic light

RR 59(1)

3

74. 

Enter intersection or marked foot crossing contrary to red traffic arrow

RR 60

3

75. 

Driver of motor vehicle enter bicycle storage area contrary to red traffic light

RR 60A(1)

3

76. 

Driver of motor vehicle enter bicycle storage area contrary to red traffic arrow

RR 60A(2)

3

77. 

Proceed against yellow/red traffic light/arrow after having stopped before entering intersection

RR 61(2)

3

78. 

Fail to give way as required when turning at flashing yellow traffic arrow at intersection

RR 64

3

79. 

Fail to stop as required at twin red lights (other than at level crossing)

RR 66(1)

3

80. 

Proceed through twin red lights after stopping (other than at level crossing) with lights still showing

RR 66(4)

3

81. 

Fail to comply with overhead lane control device

RR 152(1)

3

82. 

Public bus driver fail to stop as required at red B light

RR 281

3

83. 

Public bus driver fail to stop as required at yellow B light

RR 282

3

84. 

Public bus driver unlawfully proceed through red/yellow B light (after having stopped)

RR 284

3

85. 

Public bus driver (having stopped before entering intersection) proceed before permitted by light/arrow to do so

RR 286(2)

3

86. 

Public bus driver (already stopped in intersection) fail to proceed as soon as safely possible after B light/arrow changes to yellow/red

RR 286(3)

3

 

Disobeying stop or give way sign or line, or police directing traffic

   

87. 

Fail to stop and give way as required at a stop sign/line (at intersection without traffic lights)

RR 67(1)

3

88. 

Fail to stop and give way as required at a stop sign/line (other than at intersection, children’s crossing, level crossing or twin red lights)

RR 68(1)

3

89. 

Fail to give way as required at give way sign/line at intersection (other than a roundabout)

RR 69(1)

3

90. 

Fail to give way at give way sign on bridge/narrow road

RR 70

3

91. 

Fail to give way as required at give way sign/line (other than at intersection, bridge, narrow road, level crossing, twin red lights)

RR 71(1)

3

92. 

Fail to stop before reaching hand-held stop sign (other than at children’s crossing)

RR 101(1)

3

93. 

Proceed past hand-held stop sign before permitted to do so (other than at children’s crossing)

RR 101(2)

3

94. 

Fail to obey reasonable direction by police/authorised person for safe and efficient traffic regulation

RR 304(1)

3

 

Failing to give way

   

95. 

Fail to give way when making U-turn

RR 38

3

96. 

Fail to give way when turning at intersection with traffic lights except on green traffic arrow

RR 62

3

97. 

Fail to give way at intersection where traffic lights not wholly operating (with traffic light-stop sign displayed)

RR 63(2)

3

98. 

Fail to give way as required at intersection (not roundabout) where traffic lights not wholly operating or only flashing yellow (and no traffic light-stop sign displayed)

RR 63(3)

3

99. 

Fail to give way as required at uncontrolled/unsigned intersection (other than T-intersection or roundabout)

RR 72(1)

3

100. 

Fail to give way as required at uncontrolled/unsigned T-intersection

RR 73(1)

3

101. 

Fail to give way as required to vehicle (other than one turning right from road-related area/adjacent land) when entering (uncontrolled/ unsigned) road from road-related area/adjacent land

RR 74(1)(a)

3

102. 

Fail to give way to any pedestrian on road when entering (uncontrolled/ unsigned) road from road-related area/adjacent land

RR 74(1)(b)

3

103. 

Fail to give way to any vehicle/pedestrian on road-related area crossed when entering (uncontrolled/ unsigned) road from road-related area/adjacent land

RR 74(1)(c)

3

104. 

Fail to give way when entering (uncontrolled/ unsigned) road from road-related area to pedestrian on the road-related area

RR 74(1)(d)(i)

3

105. 

Fail to give way when entering (uncontrolled/unsigned) road from road-related area to vehicle ahead or approaching from left or right

RR 74(1)(d)(ii)

3

106. 

Fail to give way to any pedestrian on road when entering road-related area/adjacent land from uncontrolled/unsigned road

RR 75(1)(a)

3

107. 

Fail to give way as required to any vehicle/pedestrian on road-related area

RR 75(1)(b)

3

108. 

Fail to give way to oncoming vehicle when turning right into road-related area/adjacent land

RR 75(1)(c)

3

109. 

Fail to give way as required to vehicle on continuing road at T-intersection

RR 75(1)(d)

3

110. 

Fail to give way as required to signed signalling bus pulling out

RR 77(1)

3

111. 

Move into path of police/emergency vehicle displaying flashing red/blue light or sounding alarm

RR 78(1)

3

112. 

Fail to move out of path of police/emergency vehicle displaying flashing red/blue light or sounding alarm

RR 78(2)

3

113. 

Fail to give way to police/emergency vehicle displaying flashing red/blue light or sounding alarm

RR 79(1)

3

114. 

Driver fail to give way to pedestrian in shared zone

RR 83

3

115. 

Fail to give way as required to vehicle when driving through break in (unsigned/unmarked) dividing strip

RR 84(1)

3

116. 

Fail to give way to vehicle as required when entering turning lane from painted island

RR 85

3

117. 

Fail to give way when entering median turning bay to oncoming vehicle already in bay

RR 86(1)

3

118. 

Fail to give way to vehicle as required when entering marked lane or line of traffic from either side of road

RR 87(1)

3

119. 

Fail to give way to vehicle as require d when turning from median strip parking area into marked lane/line of traffic

RR 87(3)

3

120. 

Fail to give way on entering roundabout to vehicle in roundabout

RR 114(1)

3

121. 

Fail to give way moving from one marked lane to another

RR 148(1)

3

122. 

Fail to give way moving from one line of traffic to another (when at least 2 lines of traffic travelling in same direction)

RR 148(2)

3

123. 

Fail to give way when diverging (left or right) within marked lane

RR 148A

3

124. 

Fail to give way when any part of other vehicle is ahead when lines of traffic merge

RR 149

3

125. 

Driver on path (other than cyclist or driver entering a road from a road-related area or adjacent land or vice versa) fail to give way to other road users/animals on path

RR 288(4)

3

126. 

Driver on nature strip (other than animal rider or driver entering a road from a road-related area or adjacent land or vice versa) fail to give way to other road users/animals on nature strip

RR 289(2)

3

 

Failing to stop or give way at pedestrian, children’s or level crossing

   

127. 

Fail to give way to any pedestrian on marked foot crossing with flashing yellow traffic light (other than at/near intersection)

RR 65(2)(a)

3

128. 

Obstruct pedestrian on marked foot crossing with flashing yellow traffic light (other than at/near intersection)

RR 65(2)(b)

3

129. 

Overtake/pass vehicle stopping/stopped at marked foot crossing with flashing yellow traffic light (other than at/near intersection)

RR 65(2)(c)

3

130. 

Approach children’s crossing too quickly to stop safely

RR 80(1)

3

131. 

Fail to stop at children’s crossing (when hand-held stop sign displayed)

RR 80(2)(a)

3

132. 

Fail to stop at children’s crossing (when pedestrian on/entering crossing)

RR 80(2)(b)

3

133. 

Proceed through children’s crossing when pedestrian is on or entering crossing and before hand-held stop sign no longer displayed or before being signalled to do so

RR 80(3)

3

134. 

Proceed through children’s crossing while pedestrian is on or is entering the crossing

RR 80(4)

3

135. 

Approach pedestrian crossing too quickly to stop safely

RR 81(1)

3

136. 

Fail to give way to pedestrian on pedestrian crossing

RR 81(2)

3

137. 

Overtake/pass a vehicle stopping/stopped at children’s/pedestrian crossing

RR 82

3

138. 

Fail to stop and give way at stop sign at level crossing

RR 121

3

139. 

Fail to give way at level crossing with give way sign/line

RR 122

3

140. 

Enter level crossing (with warning lights operating or warning bells ringing)

RR 123(a)

3

141. 

Enter level crossing (with gate/boom/barrier in any stage of operation)

RR 123(b)

3

142. 

Enter level crossing when train entering

RR 123(c)

3

143. 

Enter level crossing (when approaching train can be seen/heard and danger of collision)

RR 123(d)

3

144. 

Enter level crossing (when blocked or road beyond blocked)

RR 123(e)

3

 

Driving without seatbelts

   

145. 

Driver fail to wear properly adjusted and fastened seatbelt (when vehicle moving/stationary, but not parked)

RR 264(1)

3

 

Driving with unrestrained passengers

   

146. 

Driver fail to ensure passenger aged 16 or older is restrained as required (when vehicle is moving/stationary, but not parked)

RR 265(3)

3

147. 

Driver fail to ensure passenger under 16 years is restrained as required (when vehicle is moving/stationary, but not parked)

RR 266(1)

3

 

Failing to wear helmet

   

148. 

Motor bike rider fail to wear securely fitted and fastened approved motor bike helmet (when vehicle moving/stationary, but not parked)

RR 270(1)(a)

3

149. 

Motor bike rider fail to ensure passenger wearing securely fitted and fastened approved motor bike helmet (when vehicle moving/stationary, but not parked)

RR 270(1)(b)

3

 

Failing to keep left of dividing line(s) or median strip

   

150. 

Fail to keep left of dividing line as required

RR 132(2)

3

151. 

Driver cross dividing lines as specified to make U-turn

RR 132(2A)

3

152. 

Fail to keep left of median strip (other than painted island)

RR 135(1)

3

 

Driving carelessly or negligently

   

153. 

Drive without due care and attention

RR 367(1)

3

154. 

Negligent driving (having regard to all the circumstances)

TA 32(2)

3

PART 2 - Schedule of Recognised Interstate Demerit Points Offences

Note: There are no offences prescribed.

PART 3 - Schedule of Local Demerit Points Offences

Col 1 Item

Col 2 Offence

Col 3 Legislation creating offence

Col 4 Demerit points

 

Disobeying sign/road marking

  

155. 

Drive in direction contrary to traffic lane arrows at intersection (other than roundabout) except as permitted

RR 92(1)

2

156. 

Drive contrary to one-way sign unless rider of postal vehicle, bicycle or animal riding on path or nature strip

RR 98(1)

2

157. 

Fail to keep left (contrary to keep left sign) unless rider of postal vehicle, bicycle or animal riding on path or nature strip

RR 99(1)

2

158. 

Fail to keep right (contrary to keep right sign) unless rider of postal vehicle, bicycle or animal riding on path or nature strip

RR 99(2)

2

159. 

Drive past no entry sign

RR 100

2

160. 

Fail to obey roundabout traffic lane arrows as required

RR 116

2

161. 

Cross continuous line separating 2 marked lanes (multi-lane road) when not permitted

RR 147

2

162. 

Drive in bicycle lane when not permitted

RR 153(1)

2

163. 

Driver cross 2 broken parallel dividing lines when not permitted

RR 371(1)

3

 

Failing to give way

  

164. 

Fail to give way as required in road-related area to vehicle converging on right

RR 368(1)

3

 

Heavy vehicle signs

  

165. 

Drive overheight vehicle past clearance or low clearance sign

RR 102(1)

2

166. 

Drive vehicle past bridge load limit (gross mass) sign/gross load limit sign if in excess of displayed gross mass

RR 103(1)

2

167. 

Drive vehicle past bridge load limit (mass per axle group) sign if in excess of mass indicated

RR 103(2)

2

168. 

Fail to gear down as required if trucks and buses low gear sign applies

RR 108(1)

2

 

Seatbelts

  

169. 

Use motor vehicle (as driver) in contravention of vehicle standards – seatbelt requirements

VSR 4(1)(a) as regards VSR 32(2)

3

 

Speeding

  

170. 

Turn right or left at traffic lights intersection at more than 20 km/h

RR 363(1)

2

171. 

Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by less than 10 km/h

RR 374(1)

2

172. 

Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 10 to 14 km/h

RR 374(1)

2

173. 

Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 15 to 22 km/h

RR 374(1)

3

174. 

Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 23 to 29 km/h

RR 374(1)

3

175. 

Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 30 to 37 km/h

RR 374(1)

5

176. 

Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 38 to 44 km/h

RR 374(1)

6

177. 

Exceed 40 km/h within 50 metres of bus on road displaying school bus warning sign and warning light by 45 km/h or more

RR 374(1)

6

 

Miscellaneous

  

178. 

Novice driver in L1 stage or L2 stage or novice rider in motor cycle learner stage fail to display clearly visible L-plates as required

DLVR 8(6)

2

179. 

Learner driver (other than novice driver in L1 stage or L2 stage or novice rider in motor cycle learner stage) fail to display clearly visible L-plates as required

DLVR 8(6)

2

180. 

Novice driver or novice rider in P1 stage fail to display clearly visible P-plates as required

DLVR 9(6)

2

181. 

Enter marked foot crossing contrary to red traffic light

RR 59(1)

3

182. 

Drive with passenger in/on part of motor vehicle not designed primarily for carriage of passengers or goods

RR 268(4A)

3

183. 

Drive with passenger in/on part of motor vehicle designed primarily for goods carriage unless part is enclosed and passenger occupies suitable seating position and wears seatbelt

RR 268(4B)

3

184. 

Ride motor bike with passenger who is aged under 8 years, unless in side car

RR 271(5A)

3

185. 

Drive using mobile phone (when vehicle moving or stationary, but not parked) except to make or receive call from phone secured in mounting or not required to be touched, or as otherwise exempt

RR 300(1)

3

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 2 June 2010

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations –
(a) provide, for the purposes of the Vehicle and Traffic Act 1999 , for driver licensing, vehicle registration, motor tax and related matters; and
(b) prescribe fees payable, and demerit points applicable to offences, in relation to those matters; and
(c) are made consequentially on the repeal of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 under section 11 of the Subordinate Legislation Act 1992 .


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