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Loss of entitlement to drive

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Description

Your licence can be suspended, cancelled or varied for a range of reasons or you can be disqualified from driving. Suspension of a driver licence due to demerit points is located at Demerit Points. If you are disqualified you are disqualified from driving anywhere in Australia. You are ineligible to apply for a driver licence anywhere in Australia except for a restricted driver licence.

Court order

A court can order that a person be disqualified from driving if they are convicted of an offence under the:

  • Vehicle and Traffic Act 1999
  • Road Safety (Alcohol and Drugs) Act 1970
  • Police Offences Act 1935
  • Sentencing Act 1997
  • Traffic Act 1925

The court sends a notice to the Registrar of Motor Vehicles of the disqualification.
The Court provides an information brochure produced by the Registrar of Motor Vehicles, informing the person of the steps they may take to be considered for approval for a licence at the end of the disqualification period. The disqualification notice and information brochure is served by:

  • hand delivery to the person; or
  • registered mail to the person's last known address.

A person who has been disqualified by a court order may be eligible to apply to a magistrate for a restricted licence.

At the completion of a period of disqualification, a person can apply for a driver licence which may be issued as a probationary licence.

Traffic Infringement Notice for exceeding .05

A person who holds a full driver licence and is apprehended for exceeding .05 for a first offence may be issued an "on the spot" Traffic Infringement Notice (TIN) that leads to a 3 month period of disqualification.

Traffic Infringement Notice - excessive speeding

A person who is detected exceeding the speed limit by 38 km/h or more may be issued an "on the spot" Traffic Infringement Notice (TIN). For speeds 38 km/h to 44 km/h above the limit, this leads to a 3 month period of disqualification. Speeds 45 km/h or more above the limit lead to a 4 month period of disqualification.

Failing to comply with a request of the Registrar of Motor Vehicles

The Registrar of Motor Vehicles can require you to undergo a driving test or medical examination, knowledge test or other test. Refusal or failure to do the test can result in suspension of your licence.

Other reasons for suspension, cancellation or variation

The Registrar of Motor Vehicles can suspend, cancel or vary a driver licence for the following reasons:

  • the person has insufficient knowledge of road law, has insufficient driving ability, or is otherwise unsuitable to hold a driver licence
  • the person has not complied with the requirements of a law in force in the jurisdiction in which they were last disqualified relating to alcohol or drug-related offences
  • the person has not complied with a penalty imposed by a court in any jurisdiction for an offence related to operating a vehicle
  • the person is no longer eligible for a particular class or classes of licence
  • the licence was issued or renewed in error
  • the licence is incorrect in any respect
  • a non-cash payment for a licence or administration fee has been dishonoured
  • the person has been convicted in another jurisdiction or another country of an offence which, if committed in Tasmania, would have resulted in disqualification, suspension or cancellation of the driver licence
  • the person has failed to comply with a licence condition.

When a person's licence is to be suspended, varied or cancelled, the Registrar of Motor Vehicles must send written advice of:

  • the reason for the proposed suspension, variation or cancellation
  • any action that must be taken by the licence holder in order to avoid the proposed action
  • the date by which the licence holder must take that action
  • the period of suspension, if suspension is proposed
  • whether the licence is to be returned to a Service Tasmania shop or another Authorised Agency, and if so, the date by which this must be done.

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