Traffic (Compliance and Enforcement) Amendment Regulations 2010 (TAS)

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Traffic (Compliance and Enforcement) Amendment Regulations 2010

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Traffic Act 1925 .28 June 2010

PETER G. UNDERWOOD

Governor

By His Excellency’s Command,

LARA GIDDINGS

Minister for Infrastructure

1Short titleThese regulations may be cited as the Traffic (Compliance and Enforcement) Amendment Regulations 2010 . 2CommencementThese regulations take effect on the day on which their making is notified in the Gazette. 3Principal RegulationsIn these regulations, the Traffic (Compliance and Enforcement) Regulations 2001 are referred to as the Principal Regulations. 4Regulation 5 amended (Prescribed offences for section 9(3) of the Act) Regulation 5 of the Principal Regulations is amended by omitting paragraph (b) and substituting the following paragraph: (b) an offence under regulation 65(4) of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 . 5Regulation 5A amended (Prescribed offences for section 43H of the Act) Regulation 5A of the Principal Regulations is amended by omitting paragraph (c) and substituting the following paragraph: (c) an offence under regulation 10(9) or (11) of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 . 6Regulation 6 amended (Prescribed offences for Part IVB of the Act) Regulation 6 of the Principal Regulations is amended by omitting subregulation (4) . 7Regulation 7 amended (Specified offences for section 54(1AA) of the Act) Regulation 7 of the Principal Regulations is amended by omitting paragraph (d) and substituting the following paragraph: (d) an offence under regulation 65(4) of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 . 8Schedule 2 amended (Traffic infringement notice offences) Schedule 2 to the Principal Regulations is amended as follows: (a) by omitting the definition of DLVR from clause 1 of Part 1 and substituting the following definition: DLVR means Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 ; (b) by omitting item 30 from Part 2 and substituting the following:

30. 

Fail to deliver to Registrar within allowed time a document/plate or device as required by a recall notice (on issue of duplicate or replacement)

DLVR 138(10)

190

0

(c) by omitting items 193 , 194 , 195 , 196 , 197 and 198 from Part 2 and substituting the following:

193. 

Drive with L-plate displayed when not learner driver

DLVR 10(15)

50

0

194. 

Employ/cause/permit motor vehicle to be driven without L-plates displayed as required

DLVR 10(16)

50

0

195. 

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

DLVR 12(9)

50

2

196. 

Employ/cause/permit novice driver or novice rider in P1 stage to drive without displaying clearly visible P-plates as required

DLVR 12(11)

50

0

197. 

Fail to notify change of name/residential address, or address for service of notices, within 14 days

DLVR 36(1)

80

0

198. 

Fail to attach change of address sticker to driver licence as soon as practicable, and keep attached

DLVR 36(5)

80

0

(d) by omitting items 202 , 203 , 204 , 205 , 206 , 207 , 208 , 209 , 210 , 211 , 212 , 213 , 214 and 215 from Part 2 and substituting the following:

202. 

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

DLVR 10(9)

50

2

203. 

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

DLVR 10(9)

50

2

204. 

Novice driver in L1 stage or L2 stage driving without accompanying person as required

DLVR 10(11)

150

0

205. 

Learner driver (other than novice driver) driving without accompanying person as required

DLVR 10(11)

150

0

206. 

Employing, causing or permitting learner driver (including novice driver in L1 stage or L2 stage) to drive without accompanying person as required

DLVR 10(16)

150

0

207. 

Employing, causing or permitting holder of learner motor cycle licence to drive motor cycle on public street carrying another person unless holder permitted by regulation 10(13) of the DLVR

DLVR 10(16)

110

0

208. 

Employing, causing or permitting holder of learner motor cycle licence to drive motor cycle, other than learner approved motor cycle, on public street

DLVR 10(16)

110

0

209. 

Employing, causing or permitting holder of learner motor cycle licence to drive motor cycle on public street unless motor cycle is of a kind prescribed or holder has authorisation

DLVR 10(16)

110

0

210. 

Holder of P1 provisional licence in relation to motor cycle driving, on public street, motor cycle carrying another person

DLVR 13(1)

110

0

211. 

Holder of P1 provisional licence in relation to a motor cycle driving motor cycle on public street otherwise than as permitted by regulation 13(2) of the DLVR

DLVR 13(2)

110

0

213. 

Employing, causing or permitting holder of P1 provisional licence in relation to a motor cycle to drive, on public street, motor cycle carrying another person

DLVR 13(4)

110

0

214. 

Employing, causing or permitting holder of P1 provisional licence in relation to a motor cycle to drive motor cycle on public street unless holder permitted by regulation 13(2) of the DLVR

DLVR 13(4)

110

0

(e) by omitting items 226 and 227 from Part 2 and substituting the following:

226. 

Holder of code X conditional Australian driver licence fail to carry explanatory notice as required

DLVR 24(5)

150

0

227. 

Fail to display identification card (issued to ancillary certificate holder) in vehicle as required

DLVR 42(2)

150

0

(f) by omitting items 229 , 230 , 231 , 232 , 233 , 234 and 235 from Part 2 and substituting the following:

229. 

Fail to return driver licence to Registrar within 21 days of service of notice of suspension

DLVR 49(1)

150

0

230. 

Fail to return driver licence to Registrar within 21 days of service of notice of cancellation

DLVR 49(1)

150

0

231. 

Fail to return ancillary certificate to Registrar within 21 days of service of notice of suspension

DLVR 49(1)

150

0

232. 

Fail to return ancillary certificate to Registrar within 21 days of service of notice of cancellation

DLVR 49(1)

150

0

233. 

Fail to return restricted driver licence (and any ancillary certificate) to Registrar within 21 days after revocation by court

DLVR 49(2)

150

0

234. 

Fail to return driver licence (and any ancillary certificate) to Registrar within 21 days after being disqualified from driving by court or by automatic statutory penalty

DLVR 49(3)

150

0

235. 

Fail to return driver licence or ancillary certificate to Registrar for endorsement/replacement within 21 days after service of notice or request

DLVR 50(1)

150

0

(g) by omitting items 352 , 353 , 354 , 355 , 356 , 357 , 358 , 359 , 360 , 361 , 362 , 363 , 364 , 365 , 366 , 367 , 368 , 369 , 370 , 371 , 372 , 373 , 374 , 375 , 376 , 377 , 378 , 379 , 380 , 381 , 382 , 383 , 384 , 385 , 386 , 387 , 388 , 389 , 390 , 391 , 392 , 393 , 394 , 395 , 396 , 397 , 398 , 399 , 400 , 401 and 402 from Part 2 and substituting the following:

352. 

Registered operator fail to ensure current registration label is affixed within 30 days of registration commencement and kept affixed as required

DLVR 65(1)

50

0

353. 

Registered operator fail to ensure that information on registration label is legible from outside the vehicle

DLVR 65(2)

50

0

354. 

Registered operator fail to ensure registration label is removed within 30 days of registration expiry

DLVR 65(3)

50

0

355. 

Use registered vehicle on public street in contravention of registration label regulations

DLVR 65(4)

50

0

356. 

Permit use of registered vehicle on public street in contravention of registration label regulations

DLVR 65(4)

50

0

357. 

Fail to destroy registration label as soon as practicable after surrendering registration

DLVR 71(6)

50

0

358. 

Registered operator fail to destroy registration label as required

DLVR 107(2)

50

0

359. 

Registered operator transferring registration fail to comply with requirements for transfer of vehicle registration

DLVR 69(3)

80

0

360. 

Proposed transferee fail to comply with requirements for transfer of vehicle registration

DLVR 69(5)

80

0

361. 

Person taking possession of vehicle under court order/powers conferred by security interest fail to comply with requirements for transfer of vehicle registration

DLVR 69(6)

80

0

362. 

Registered operator fail to affix and keep affixed as required vehicle inspection label (under vehicle inspection program)

DLVR 102(7)

80

0

363. 

Fail to notify Registrar within 14 days of change of circumstance affecting information recorded in register (about registered operator/registered vehicle)

DLVR 105(1)

80

0

364. 

Fail to notify Registrar within 14 days after any change affecting information recorded about a short term unregistered vehicle permit (about vehicle or holder)

DLVR 105(3)

80

0

365. 

Fail to notify Registrar within 14 days of change of circumstance affecting information recorded in the register about holder of trade plate/business carried on by holder of trade plate

DLVR 105(4)

80

0

366. 

Fail to return number plates as required after cancellation or expiry without renewal

DLVR 106(1)

80

0

367. 

Fail to return trade plates as required after cancellation or expiry without renewal

DLVR 106(3)

80

0

368. 

Fail to return number plate/trade plate as required by terms on issue

DLVR 106(4)

80

0

369. 

Fail to affix and keep affixed distinctive number plates to truck as required (farm vehicle rebate)

DLVR 117(3)

80

0

370. 

Fail to return truck distinctive number plates within 14 days of cessation of entitlement to farm vehicle rebate (motor tax)

DLVR 117(5)(b)

80

0

371. 

Fail to affix and keep affixed distinctive number plate to vehicle as required (interchangeable trailer)

DLVR 119(4)

80

0

372. 

Fail to return number plate on cessation of entitlement to rebate (interchangeable trailer) within 14 days

DLVR 119(6)(b)

80

0

373. 

Fail to return distinctive number plate (interchangeable trailer rebate) within 14 days of Registrar’s written notice that rebate ceased

DLVR 119(10)(a)

80

0

374. 

Registered operator fail to ensure within 7 days that motor vehicle number plate for that vehicle is permanently affixed as required

DLVR 63(1)

110

0

375. 

Registered operator fail to ensure within 7 days that trailer number plate for that vehicle is permanently affixed as required

DLVR 63(1)

110

0

376. 

Registered operator fail to ensure any motor vehicle number plate cover is clear, clean, untinted, flat over entire surface and has no characteristics preventing production of clear number plate photograph by photographic detection device

DLVR 63(2)(a)

110

0

377. 

Registered operator fail to ensure any trailer number plate cover is clear, clean, untinted, flat over entire surface and has no characteristics preventing production of clear number plate photograph by photographic detection device

DLVR 63(2)(a)

110

0

378. 

Registered operator fail to ensure that no object obscures/reduces visibility of any motor vehicle number plate and that number plate has no characteristics preventing production of clear number plate photograph by photographic detection device

DLVR 63(2)(b)

110

0

379. 

Registered operator fail to ensure that no object obscures/reduces visibility of any trailer number plate and that number plate has no characteristics preventing production of clear number plate photograph by photographic detection device

DLVR 63(2)(b)

110

0

380. 

Apply substance to number plate that prevents production of clear number plate photograph by photographic detection device

DLVR 63(3)

110

0

381. 

Use motor vehicle without number plates issued for the vehicle affixed and displayed as required

DLVR 63(4)(a)

110

0

382. 

Use trailer without number plates issued for the vehicle affixed and displayed as required

DLVR 63(4)(a)

110

0

383. 

Permit use of motor vehicle without number plates issued for the vehicle affixed and displayed as required

DLVR 63(4)(a)

110

0

384. 

Permit use of trailer without number plates issued for the vehicle affixed and displayed as required

DLVR 63(4)(a)

110

0

385. 

Use motor vehicle not complying with number plate/cover regulations (other than affix and display)

DLVR 63(4)(b)

110

0

386. 

Use trailer not complying with number plate/cover regulations (other than affix and display)

DLVR 63(4)(b)

110

0

387. 

Permit use of motor vehicle not complying with number plate/cover regulations (other than affix and display)

DLVR 63(4)(b)

110

0

388. 

Permit use of trailer not complying with number plate/cover regulations (other than affix and display)

DLVR 63(4)(b)

110

0

389. 

Driver fail to give/send formal warning notice to registered operator as soon as practicable

DLVR 86(3)

110

0

390. 

Driver fail to give/send vehicle defect notice to registered operator as soon as practicable

DLVR 87(7)

110

0

391. 

Use unregistered vehicle under the authority of a trade plate without plate being temporarily fixed to rear of vehicle in appropriate position or displayed in a way acceptable to the Registrar

DLVR 91(7)

110

0

392. 

Permit use of unregistered vehicle under the authority of a trade plate without plate being temporarily fixed to rear of vehicle in appropriate position or displayed in a way acceptable to the Registrar

DLVR 91(7)

110

0

393. 

Holder of short term unregistered vehicle permit fail to ensure such permit is affixed, carried or removed as required

DLVR 92(5)

110

0

394. 

Use vehicle under short term unregistered vehicle permit without permit affixed or carried as required

DLVR 92(6)

110

0

395. 

Permit use of vehicle under short term unregistered vehicle permit without permit affixed or carried as required

DLVR 92(6)

110

0

396. 

Remove/deface current inspection label (under vehicle inspection program) without authority

DLVR 102(8)

110

0

397. 

Use vehicle on public street that has not passed inspection (after completion of that inspection) under vehicle inspection program

DLVR 102(10)

110

0

398. 

Permit use of vehicle on public street that has not passed inspection (after completion of that inspection) under vehicle inspection program

DLVR 102(10)

110

0

399. 

Fail to return number plate/trade plate as and when required by Registrar’s written notice

DLVR 106(5)

110

0

400. 

Fail to return certificate of registration as required by Registrar (on cancellation or expiry without renewal)

DLVR 107(1)

110

0

401. 

Use vehicle for which temporary upgrade permit in force without ensuring permit carried in vehicle

DLVR 110(7)

110

0

402. 

Permit use of vehicle for which temporary upgrade permit in force without ensuring permit carried in vehicle

DLVR 110(7)

110

0

(h) by omitting items 423 , 424 , 425 , 426 , 427 , 428 , 429 , 430 , 431 , 432 , 433 and 434 from Part 2 and substituting the following:

423. 

Fail to stamp/display new identification number as required by Registrar (when no, or altered/defaced, identification number)

DLVR 55(1)

150

0

424. 

Fail to overstrike existing identification number and stamp/display new identification number as specified and required by the Registrar (when number is same as for other vehicle)

DLVR 55(2)

150

0

425. 

Fail to install and keep installed an "operations plate" on conditionally registered vehicle as required

DLVR 59(6)

150

0

426. 

Fail to ensure a "certificate of approved operations" carried at all times in conditionally registered vehicle

DLVR 59(6)

150

0

427. 

Remove/deface a defective vehicle label without being authorised

DLVR 88(5)

150

0

428. 

Holder of trade plate fail to ensure trade plate used only for prescribed purposes

DLVR 91(5)

150

0

429. 

Use trade plate for other than authorised purpose

DLVR 91(6)

150

0

430. 

Permit use of trade plate for other than authorised purpose

DLVR 91(6)

150

0

431. 

Use modified vehicle not complying with relevant vehicle standard or if modification is unacceptable to the Registrar

DLVR 104

150

0

432. 

Permit use of modified vehicle not complying with relevant vehicle standard or if modification is unacceptable to the Registrar

DLVR 104

150

0

433. 

Use vehicle for which temporary upgrade permit in force contrary to conditions of permit

DLVR 110(6)

150

0

434. 

Permit use of vehicle for which temporary upgrade permit in force contrary to conditions of permit

DLVR 110(6)

150

0

(i) by omitting items 687 , 688 , 689 and 690 from Part 2 and substituting the following:

687. 

Use motor vehicle subject of minor vehicle defect notice after time allowed for compliance has passed (when notice not complied with)

DLVR 89(2)

110

1

688. 

Use trailer subject of minor vehicle defect notice after time allowed for compliance has passed (when notice not complied with)

DLVR 89(2)

110

1

689. 

Use motor vehicle with minor vehicle defect notice contrary to a condition limiting its use

DLVR 89(3)

110

1

690. 

Use trailer with minor vehicle defect notice contrary to a condition limiting its use

DLVR 89(3)

110

1

(j) by omitting items 721 , 722 , 723 , 724 , 725 , 726 , 727 and 728 from Part 2 and substituting the following:

721. 

Use motor vehicle subject of major vehicle defect notice (other than one imposing total prohibition on use) after time allowed for compliance has passed (when notice not complied with)

DLVR 89(1)

150

3

722. 

Use trailer subject of major vehicle defect notice (other than one imposing total prohibition on use) after time allowed for compliance has passed (when notice not complied with)

DLVR 89(1)

150

3

723. 

Use motor vehicle with major vehicle defect notice contrary to a condition limiting its use (other than total prohibition on use)

DLVR 89(3)

150

3

724. 

Use trailer with major vehicle defect notice contrary to a condition limiting its use (other than total prohibition on use)

DLVR 89(3)

150

3

725. 

Permit use of motor vehicle subject of minor vehicle defect notice after time allowed for compliance has passed (when notice not complied with)

DLVR 89(5)

150

0

726. 

Permit use of trailer subject of minor vehicle defect notice after time allowed for compliance has passed (when notice not complied with)

DLVR 89(5)

150

0

727. 

Permit use of motor vehicle with minor vehicle defect notice contrary to a condition limiting its use

DLVR 89(5)

150

0

728. 

Permit use of trailer with minor vehicle defect notice contrary to a condition limiting its use

DLVR 89(5)

150

0

(k) by omitting items 740 , 741 , 742 and 743 from Part 2 and substituting the following:

740. 

Permit use of motor vehicle subject of major vehicle defect notice (other than one imposing total prohibition on use) after time allowed for compliance has passed (when notice not complied with)

DLVR 89(5)

250

0

741. 

Permit use of trailer subject of major vehicle defect notice (other than one imposing total prohibition on use) after time allowed for compliance has passed (when notice not complied with)

DLVR 89(5)

250

0

742. 

Permit use of motor vehicle with major vehicle defect notice contrary to a condition limiting its use (other than total prohibition on use)

DLVR 89(5)

250

0

743. 

Permit use of trailer with major vehicle defect notice contrary to a condition limiting its use (other than total prohibition on use)

DLVR 89(5)

250

0

(l) by omitting items 1158 , 1159 , 1160 and 1161 from Part 2 and substituting the following:

1158. 

Registered operator failing to affix inspection label to vehicle in accordance with instructions issued under regulation 102(6) of the DLVR

DLVR 102(7)(a)

110

0

1159. 

Registered operator failing to keep inspection label affixed (unless removal of label authorised under regulation 102(8) of the DLVR) to vehicle until date vehicle next inspected under vehicle inspection program

DLVR 102(7)(b)

110

0

1160. 

Using, or permitting use of, vehicle on public street for hire or reward if vehicle has not been presented for inspection required under vehicle inspection program

DLVR 102(10)(a)

180

0

1161. 

Using, or permitting use of, vehicle on public street if vehicle does not pass inspection under vehicle inspection program

DLVR 102(10)(b)

180

0

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

Notified in the Gazette on 30 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 amend the

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