Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment Regulations 2007 (TAS)

Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment Regulations 2007

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 Vehicle and Traffic Act 1999 .20 August 2007

W. J. E. COX

Governor

By His Excellency’s Command,

J. G. COX

Minister for Infrastructure

1Short titleThese regulations may be cited as the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment Regulations 2007 . 2CommencementThese regulations take effect on the day on which their making is notified in the Gazette. 3Principal RegulationsIn these regulations, the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 are referred to as the Principal Regulations. 4Regulation 38A insertedAfter regulation 38 of the Principal Regulations , the following regulation is inserted in Division 2: 38AExemptions for certain driving instructors A person providing driving instruction under a program approved by the Registrar is exempted from the requirement to hold an ancillary certificate referred to in section 14(1)(b) of the Act – (a) on condition that the person holds an Australian driver licence of the relevant class and is providing the instruction in accordance with any conditions set out under the approved program; and (b) until 1 January 2009. 5Regulation 39 amended (Requirements for motor vehicles used in driving instruction) Regulation 39 of the Principal Regulations is amended by omitting subregulation (2) and substituting the following subregulation: (2)  Subregulation (1) does not apply – (a) if the vehicle is provided by the person under instruction; or (b) to a vehicle provided by a person who provides driver instruction for reward and who is exempted under regulation 38A from the requirement to hold an ancillary certificate under section 14(1)(b) of the Act. 6Regulation 40A insertedAfter regulation 40 of the Principal Regulations , the following regulation is inserted in Division 3: 40AExemptions for certain public passenger vehicle drivers (1) A person driving a public passenger vehicle for the purpose of providing a community transport service is exempted from the requirement to hold an ancillary certificate referred to in section 15(1)(b) of the Act – (a) on condition that the person holds an Australian driver licence of the relevant class; and (b) until 1 January 2009. (2)  For the purpose of subregulation (1)  – community transport service means a transport service provided by – (a) an organisation – (i) that is a not-for-profit organisation; and (ii) that is funded entirely or partially by any of the following or a combination of any of the following: (a) the Commonwealth; (b) the State; (c) a council; or (b) an organisation that is, or is entitled to be, endorsed by the Australian Taxation Office as a charitable or benevolent institution; or (c) a council; or (d) the Crown.

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

Notified in the Gazette on 29 August 2007

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

(a) exempting, until 1 January 2009, persons providing driving instruction under programs approved by the Registrar of Motor Vehicles from the requirement to hold ancillary certificates referred to in section 14(1)(b) of the Vehicle and Traffic Act 1999 on conditions specified in the regulations; and (b) exempting, until 1 January 2009, drivers of public passenger vehicles who provide community transport services from the requirement to hold an ancillary certificate under section 15(1)(b) of the Vehicle and Traffic Act 1999 if the drivers hold an appropriate driver licence.