Tasmanian Consolidated Regulations
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VEHICLE AND TRAFFIC (DRIVER LICENSING AND VEHICLE REGISTRATION) REGULATIONS 2021 - REG 49
Interstate and international drivers
(1) In this regulation visitors exemption means an
exemption under the Act from the requirement to hold a driver licence that
operates in favour of a person who holds an Australian driver licence issued
under a corresponding law or a foreign driver licence.
(2) A person is not entitled to a visitor's exemption if
(a) the person is currently disqualified from driving by order of an
Australian court, by the operation of an automatic statutory penalty or under
the law of a foreign country; or
(b) the person's licence to drive is under suspension under the law of another
Australian jurisdiction or a foreign country in which it was issued.
(3) A person ceases to be entitled to a visitor's exemption
if
(a) in the case of a person who holds an Australian driver licence issued
under a corresponding law or a foreign driver licence issued under the law of
New Zealand other than a valid Driver Identification Document issued by the
Department of Defence, the person has resided in Tasmania for a continuous
period of 6 months or a longer period determined by the Registrar; or
(b) in the case of an international visitor other than one ordinarily resident
in New Zealand, the person has held a permanent visa under the
Migration Act 1958 of the Commonwealth for more than 6 months or a longer
period determined by the Registrar; or
(c) the person is issued with a driver licence under the Act.
(4) The Registrar may terminate a visitors exemption
if
(a) in the case of an international visitor, 4 or more demerit points are
recorded against the visitor in respect of offences committed within a period
of 12 months or less; or
(b) the Registrar has refused to issue a driver licence to the person under
the Act, for any reason, including that the person is not competent to drive a
motor vehicle of the relevant class; or
(c) the Registrar believes, on reasonable grounds, that the person is not
competent to drive a motor vehicle of the relevant class as the person has
failed a test, assessment or training course that
(i) is required under the Act for a driver licence for that class of motor
vehicle to be issued under the Act; and
(ii) was undertaken with the intention of applying for the driver licence to
be issued to the person; or
(d) the Registrar believes, on reasonable grounds, that grounds exist that
would, assuming the visitor's exemption were a driver licence, be sufficient
grounds for
(i) suspending or cancelling the licence; or
(ii) imposing a condition on the licence.
(5) If the Registrar terminates an exemption under
subregulation (4) , the Registrar must give the person in whose favour
the exemption operated a written notice stating
(a) that the exemption is terminated as from the date of the service of the
notice or a later date stated in the notice; and
(b) that, as from the date of termination of the exemption, the
person
(i) is no longer exempt from the requirement to hold a driver licence in
Tasmania; and
(ii) must not drive a motor vehicle on a public street in Tasmania; and
(iii) subject to any action specified under paragraph (d) , is not
entitled to the exemption under the Act while he or she continues to stay in
Australia; and
(c) the reasons for termination of the exemption; and
(d) any action that may be taken by the person in order to regain the
exemption under the Act; and
(e) the date by which the person must take that action.
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