Traffic 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)
The introduction of random breath testing (RBT) in 1985, expanded the powers of the police to require motorists to undergo breath tests. Any person driving a motor vehicle on a public street, or occupying the driver's seat and attempting to drive the vehicle, can be required to undergo a breath t...
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...
Applying for a Restricted License
A restricted license application can be made where a driver has been disqualified from driving. A restricted license is not an automatic consideration of the court. You must make an application. If you are seeking a restricted license you need to be aware that the court will ask if there would...
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 13/03/2024