Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021

In these regulations, unless the contrary intention appears – accessory number plate, in relation to a vehicle, means an additional number plate issued for attachment to a bicycle rack, or some other removable equipment or object, that may be attached to the vehicle; Act means the Vehicle and Traffic Act 1999; affected vehicle has the meaning given by subregulation (2); agricultural includes horticultural; agricultural implement means a vehicle, without its own automotive power, built to perform agricultural tasks; agricultural machine means a vehicle, with its own automotive power, built to perform agricultural tasks (and includes a tractor that is used solely, or predominantly, to perform agricultural tasks); agricultural task includes, but is not limited to – the cultivation of land; and the growing and harvesting of crops; and the breeding, or rearing, of livestock; applicable scheduled fee, in relation to a matter, means the fee prescribed in Schedule 1 in respect of the matter and includes any other fee prescribed in that Schedule that is relevant in respect of that matter; approved form, in relation to a document or item, means a form approved by the Registrar; auction house means a person who sells, or exchanges, affected vehicles by way of public auction; auto-parts dismantler means a person who carries on a business in respect of one or more of the following:demolishing or dismantling vehicles or parts or accessories of vehicles; buying vehicles that have been demolished or dismantled or substantially demolished or dismantled; buying and selling parts, or accessories, obtained from vehicles that have been demolished or dismantled; caravan means a trailer that is constructed principally for use as a dwelling; car licence means a licence referred to in regulation 7(3); continuous period, in relation to a licence, means a period for which the licence is held that does not include a period during which the licence is suspended; converter dolly means a trailer with a single axle, or a single axle group, with a fifth wheel coupling designed to convert a semi-trailer into a dog trailer; dealer means a person who carries on one or more of the following businesses:buying vehicles; selling vehicles; exchanging vehicles; DLVR means these regulations; dog trailer means a trailer, including a trailer consisting of a semi-trailer and converter dolly, with – one axle group or a single axle at the front that is steered by connection to the towing vehicle by a drawbar; and one axle group or a single axle at the rear; dolly means a trailer that – is not constructed or adapted for the carriage of goods; and forms, or is intended to form, part of a combination consisting of a prime mover and semi-trailer; and when used for its intended purpose – is connected to, and partly superimposed on, the chassis of the prime mover; and has the semi-trailer connected to, and superimposed on, it; eligible asylum seeker means – the holder of a Bridging (Class WE) (Subclass 050 or 051) visa granted under section 73 of the Migration Act 1958 of the Commonwealth; and a person who is subject to a residence determination that has been made under section 197AB of the Migration Act 1958 of the Commonwealth; eligible pensioner means – a pensioner; or a person with a severe disability; or the parent or guardian of a person who has a severe disability and has not attained the age of 16 years; fifth wheel coupling means a device, except the upper rotating element and the kingpin (which are parts of the semi-trailer), used with a prime mover, semi-trailer or converter dolly, to allow quick coupling and uncoupling and to provide for articulation; garage address means – in relation to a heavy vehicle – the principal depot or base of operations of the vehicle; or in relation to any other vehicle – the place where the vehicle is normally kept; heavy combination vehicle licence means a licence referred to in regulation 7(7); heavy rigid vehicle licence means a licence referred to in regulation 7(6); heavy vehicle charging category means a statement, in coded form, of information about a heavy vehicle and any combination in which the heavy vehicle may be used that is relevant to the calculation of motor tax; heavy vehicle licence means a licence, other than a car licence, in the hierarchy of licence classes; hierarchy of licence classes means the hierarchy established by regulation 6(3); hire and drive vehicle means a vehicle used to operate a hire and drive passenger service within the meaning of the Passenger Transport Services Act 2011; HVNL means the Heavy Vehicle National Law (Tasmania) within the meaning of the Heavy Vehicle National Law (Tasmania) Act 2013; I condition means the condition specified in regulation 33(3)(f); insurer means – a person who carries on the business of insuring vehicles; and a self-insured fleet operator; and a prescribed person or a person of a prescribed class of persons; interlock means a device or system, approved by the Registrar, that – is capable of being installed in a motor vehicle; and once installed, only allows the engine of the motor vehicle in which it is installed to be started after the device or system – analyses a breath sample provided by the intended driver of the motor vehicle; and detects that the breath sample so analysed contains a level of alcohol concentration below the limit set internally within the device or system; interlock licence means a driver licence that is subject to an I condition; large passenger vehicle has the same meaning as in the Passenger Transport Services Act 2011; learner approved motor cycle means a motor cycle that – has either – an engine capacity of 660cc or less and a power-to-weight ratio not exceeding 150 kilowatts to one tonne; or an electric motor with a power output not exceeding 25 kilowatts; and is approved by the Registrar as a learner approved motor cycle, or belongs to a class of motor cycles approved by the Registrar as learner approved motor cycles, for the purposes of these regulations; learner driver logbook means the logbook referred to in regulation 24(1); licence production fee means the fee of that name prescribed in Part 1 of Schedule 1; light rigid vehicle licence means a licence referred to in regulation 7(4); loss assessor means a person employed or engaged, by either an insurer of a vehicle or a person who has insured a vehicle with an insurer, to prepare and lodge claims in respect of loss of, or damage to, the vehicle against the insurer; L-plate has the same meaning as in regulation 12(2); luxury hire car has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008; maximum engine power, in relation to a motor cycle, means the maximum engine power of the motor cycle; medium rigid vehicle licence means a licence referred to in regulation 7(5); modification, in relation to a vehicle or part of a vehicle, includes – the addition of a component to, or the removal of a component from, the vehicle; and a change to the vehicle that is not within the manufacturer's specifications for the vehicle; modification plate means a plate, that is capable of being fitted or affixed to a vehicle, that is – issued in relation to a modification under these regulations in an approved form; or a plate or label that complies with section 87(4) of the HVNL; or issued or approved, in relation to a modification, in accordance with a corresponding law; modification specifications means the requirements specified by the Registrar for modifications, and vehicles so modified, under regulation 138(3); motor cycle learner stage means the learner licensing stage applicable to a person who, in relation to a motor cycle licence – is the holder of a learner licence; or has previously held a learner licence and has not progressed to the P1 stage by obtaining a P1 provisional licence; motor cycle licence means a licence referred to in regulation 7(2); multi-combination vehicle licence means a licence referred to in regulation 7(8); night means the period between sunset on one day and sunrise on the next day; novice case management program means the system of case management referred to in regulation 20; novice driver learner stage means the learner licensing stage applicable to a novice driver who, in relation to a car licence – holds, or is taken to hold, a learner licence; or has previously held a P1 provisional licence or P2 provisional licence that – has been expired for 5 years or more; or has been cancelled; P1 provisional licence means a provisional licence in respect of a particular licence class issued to a novice driver or novice rider who is in the P1 stage for that particular licence class; P1 stage means the provisional licensing stage applicable to a novice driver or novice rider who, in relation to a particular licence class has progressed beyond the motor cycle learner stage, or the novice driver learner stage, by obtaining a P1 provisional licence but has not held that licence for 12 continuous months, or for any further continuous period for which he or she is required to hold a P1 provisional licence as a result of – the novice case management program; or being required to recommence the P1 stage under section 13B of the Act; P2 provisional licence means a provisional licence in respect of a particular licence class issued to a novice driver or novice rider who is in the P2 stage for that particular licence class; P2 stage means the provisional licensing stage applicable to a novice driver or novice rider who, in relation to a particular licence class, has progressed beyond the P1 stage and holds a P2 provisional licence in respect of that class; pensioner means a person who is – the holder of a current health care card issued in accordance with the Social Security Act 1991 of the Commonwealth; or the holder of a current pensioner concession card issued in accordance with the Social Security Act 1991 of the Commonwealth or as a fringe benefit under the Veterans' Entitlements Act 1986 of the Commonwealth; or the holder of a current Gold Card or White Card issued in accordance with the Veterans' Entitlements Act 1986 of the Commonwealth; photograph includes an image, in an approved form, generated by optical, digital or electronic technology that is capable of producing, in colour, a good likeness of the subject of the photograph; power-to-weight ratio, in relation to a motor cycle, means the ratio of the maximum engine power, in kilowatts, of the motor cycle to the prescribed weight, converted to tonnes, of the motor cycle; prescribed weight, in relation to a motor cycle, means the tare weight, in kilograms, of the motor cycle plus 90 kilograms; primary licence, in relation to an ancillary certificate, has the meaning given by regulation 50(1); quad bike has the same meaning as in the Road Rules 2019; register of motor vehicles and trailers means the register kept under regulation 159(1)(a)(ii); registration payment means, for the relevant registration period – each applicable scheduled fee for the registration, or the renewal of the registration; and the motor tax payable, if any; and if a number plate or number plates are to be issued – the applicable scheduled fee, if any, for the issue of the number plate or number plates; and the third-party insurance premium payable, if any; and the road safety levy, if any; relevant vehicle standards means standards and requirements imposed by law about the design, construction and performance of a vehicle; residential address, in relation to a company or other body corporate, means the address of its registered office, or an address recorded in the register of motor vehicles and trailers as its residential or business address; restricted hire vehicle has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008; road safety levy means the levy imposed under regulation 157; roadworthy, in relation to a vehicle, means that the vehicle is fit to be used for the purpose for which it is being, or is to be, used on a public street; RR means the Road Rules; safety risk means a risk of personal injury, or damage to property or the environment; self-insured fleet operator means a person who operates 3 or more vehicles and does not hold a policy of insurance in respect of the loss of, or damage to, any of those vehicles; self-propelled personal transportation device means a two-wheeled, self-balancing, battery-powered personal transportation device for which a short term unregistered vehicle permit is in force authorising its use on a public street; severe disability means a permanent disability which, in the Registrar's opinion, prevents a person from using public transport without assistance; small passenger vehicle has the same meaning as in the Passenger Transport Services Act 2011; special-interest registration, in relation to a vehicle, means that the registration of the vehicle is subject to a condition, imposed under regulation 84, that the Registrar has determined means the vehicle holds special-interest registration; special-interest vehicle means – a motor vehicle designed or adapted to be used exclusively in motoring or other events conducted for charitable purposes; or a motor vehicle designed or adapted to be used exclusively in rallies conducted by a sports organisation approved by the Registrar; or a vintage vehicle; TA means the Traffic Act 1925; taxi has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008; third-party insurance premium means an insurance premium payable under the Motor Accidents (Liabilities and Compensation) Act 1973; vehicle defect notice means a notice issued under Division 9 of Part 6 or the corresponding provision of a corresponding law; vehicle identifier means – in the case of a vehicle manufactured before January 1989 – if the Registrar has issued a vehicle reference number for the vehicle under regulation 80, that number; or if the Registrar has issued a surrogate vehicle identifier for the vehicle under regulation 140, that identifier; or if a number that is permanently recorded on the vehicle corresponds to a number recorded in respect of the vehicle in the register of motor vehicles and trailers or an equivalent register in another jurisdiction, that number; or in any other case, the number shown on the compliance plate that uniquely identifies the vehicle and corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; and in the case of a vehicle manufactured during or after January 1989 – if the Registrar has issued a vehicle reference number for the vehicle under regulation 80, that number; or if the Registrar has issued a surrogate vehicle identifier for the vehicle under regulation 140, that identifier; or in any other case, the VIN allocated to the vehicle; vintage vehicle means a motor vehicle having a body and frame that – are at least 30 years old; or are replicas of a body and frame manufactured at least 30 years ago; VT means the Vehicle and Traffic Act 1999; war service means service declared to be war service under subregulation (3); written-off vehicle label means a label issued by the Registrar under regulation 110(1); written-off vehicles register means the register kept under regulation 159(1)(a)(iv).

A vehicle is an affected vehicle if – it has a GVM of 4.5 tonnes or less; and the end of the month which is the fifteenth anniversary of its date of manufacture, within the meaning of the relevant ADR, has not passed.

The Governor may, by notice in the Gazette, declare that service in a specified war, or in specified warlike operations, is war service for the purposes of these regulations.

In these regulations, a reference to a licence by a class of licence means a reference to the licence of that class as established under regulation 6.