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  • 05 Criminal Offences, Penalties and Sentences
  • Traffic and Parking Offences
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Traffic and Parking Offences

This chapter explains a number of areas involving using a motor vehicle; from the different categories of offences to how the offences are dealt with (infringement notices, demerit points, licence suspension and imprisonment). Other areas covered include: court process, parking offences, the use of substances and more serious offences, such as, reckless driving or causing death by dangerous driving.

How Offences Are Dealt With

Each of the penalties indicated in this chapter is the maximum prescribed by legislation for a first offence, should the matter proceed to court. Penalty units are usually increased at the start of each financial year. Each offence applicable to riders or skaters/pedestrians can also be dealt wit...

Offences Causing Death or Serious Injury

Manslaughter A person who drives a motor vehicle in a criminally negligent way and causes the death of someone else may be charged and convicted of manslaughter (s156, Criminal Code Act 1924 (Tas)). A person in charge of a vehicle is under a duty to use reasonable care to avoid danger to human l...

Random Breath Testing (RBT)

Prior to the introduction of random breath testing, a driver could only be required to undergo a roadside breath test in certain circumstances. It was necessary for the police officer making the request reasonably to believe that the driver had been involved in an accident, or had committed a dri...

Parking

Parking offences fall into six main categories: parking in a metered zone where the meter is not running; parking in a metered zone longer than the maximum time notified on the meter; parking in a parking space where a voucher machine is available and failing to obtain or display a par...

Other Traffic Offences

Reckless Driving A person who drives recklessly or at a speed or in a manner which is dangerous to the public commits an offence and is liable for a penalty of up to 20 penalty unit fine and/or imprisonment for 2 years for a first offence (s32(1), Traffic Act 1925 (Tas)). It is double this penal...

Obtaining a Restricted Licence

In certain circumstances, the court can grant a ‘restricted’ (or ‘hardship’) licence where a driver has been disqualified from driving. A person must apply for a restricted license. It is not an automatic consideration of the court. A restricted license can only be issued to relieve ‘severe and u...

Defences

There are several defences available in response to a parking or traffic offence. Denying Responsibility If there is no dispute that the offence was committed, but the owner disputes liability, then it is better to take the appropriate action immediately, rather than to wait for a summons. In c...

Page last updated 19/03/2018

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