Tasmanian Consolidated Regulations

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VEHICLE AND TRAFFIC (DRIVER LICENSING AND VEHICLE REGISTRATION) REGULATIONS 2021 - REG 23

Eligibility requirements for all licences
(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 attained –
(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, 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 specified in regulation 25; and
(c) is physically and mentally fit to drive a motor vehicle of the relevant class; and
(d) unless the licence is to be issued as a learner licence, is 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 regulation 24 ; and
(g) is in all other respects a suitable person to hold the licence.
(2)  For the avoidance of doubt, the holder of a valid foreign driver licence is not eligible to hold a driver licence solely on the basis that he or she holds the valid foreign driver licence.
(3)  Subject to subregulation (4) , 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, if committed in Tasmania, is likely to have resulted in the person being disqualified from driving in Tasmania; 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.
(4)  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 (3)(a) .



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