Criminal and General |
|
A magistrate may make an order under the Vehicle and Traffic Act 1999 s.18 authorising the issue of a restricted driver licence (subject to conditions) to a person whose Australian driver licence is, or is liable to be, suspended or cancelled because of –
The magistrate will only authorise a restricted driver licence if satisfied on evidence produced by you that:
You should be aware that, in certain circumstances, the Court has the power to increase your disqualification period by up to twice the original disqualification period if you are granted a Restricted Driver Licence following conviction of a drink-driving offence.
If the Court makes an order authorising a restricted driver licence to be issued to you because your licence is suspended or cancelled, you are not permitted to drive until you obtain that restricted driver licence from the Registrar of Motor Vehicles (via Service Tasmania).
You cannot obtain a restricted driver licence if:
(A) pursuant to s18(2) of the Vehicle and Traffic Act 1999:
(B) you committed an offence contrary to the Road Safety (Alcohol and Drugs) Act 1972 and:
|
If your application is based on the need to drive in the course of your employment, you may ask your employer to attend court on the hearing day to give evidence of that fact. A letter may be acceptable evidence in some cases. |
|
If your conviction was for an offence against the Road Safety (Alcohol & Drugs) Act 1972 the Court may require you to produce a letter from your doctor certifying that you are not alcohol dependent. |
|
You must produce evidence that:
If your application for a restricted driver licence relates to a disqualification for excessive speed or a drink driving notice or demerit points, you need to produce the Notice received from the Registrar of Motor Vehicles. This Notice will set out the date on which your disqualification / suspension will begin. You must ask the court for any restricted driver licence to be issued on the same date as set out on that Notice. A Statement of Licence Details can be obtained from the Registrar of Motor Vehicles by phoning1300 851 225. Other evidence of disqualification can include a Record of Prior Convictions (obtainable from Tasmania Police), or an order of the Court. |
|
You must supply details of your Australian driver licence if you have had one. If your licence has been already been cancelled or surrendered, you can obtain details of your former licence at any Service Tasmania shop. |
Application forms are available from all Magistrates Court registries, to which you must attach all supporting documentation. |
|
|
The Court will list the Application before a Magistrate not less than seven (7) days from the lodgement of your Application with the Court. |
|
You must serve (deliver) a copy of your Application, at least 7 days before the allocated hearing date, on the:
You should ensure the person served signs the receipt on the copy Application form, and bring the signed copy with you to court on the day. You should not serve the Application on Police or the Registrar of Motor Vehicles until after the Application has been checked by the Court staff. |
|
A filing fee is payable upon lodgement of the Application. |
You must clearly outline in detail the conditions of the restricted driver licence that you would like the Magistrate to authorise. Two examples are set out below as a guide:
The Court has the power to attach a wide range of conditions to a restricted licence, including:
www.police.tas.gov.au/services-online/police-history-record-checks/