Chapters

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 penalty for second or subsequent offences.

Speed Cameras

A person charged with an offence detected by a photographic detection device has a right to inspect any photographic evidence before the hearing of the charge. A certificate purporting to be signed by the Commissioner of Police (or a commissioned police officer) is evidence that the device was on that occasion a photographic detection device. The production of the certificate is evidence of the facts stated in the certificate. It is evidence that at a particular time and place the speed of a motor vehicle shown in the photograph was the speed endorsed on that photograph.

Driving Without Due Care and Attention

This is a summary offence under the Road Rules 2009 (Tas) (Reg 367). It is a common charge arising from a course of driving. The provision states ‘no person shall drive a vehicle on a public street without due care and attention, or without reasonable consideration for other persons using the public street.’ A conviction will depend very much on the facts of each particular case. The usual punishment will be a fine and/or demerit points.

Driving While Disqualified

An offence will be committed if a person drives a motor vehicle on a public street or attempts to obtain a driver's licence while disqualified, or while their licence is suspended or cancelled (s13Vehicle and Traffic Act 1999 (Tas)). For a first offence, a penalty of up to 40 penalty units will apply or up to 6 months in jail, plus a further period of disqualification of up to 3 years. For a second or subsequent offence the penalty is up to 80 penalty units, up to a year in jail and up to an extra 5 years disqualification.

Failure to Stop after an Accident

It is an offence for a driver to fail to stop after being involved in a motor accident (s33(1), Traffic Act). The driver must remain at the scene of the crash and give any assistance that is necessary or practicable. Failure to do so may involve a fine of up to 80 penalty points or up to 2 years jail.

Unlicensed Driver

It is an offence to drive a motor vehicle whilst unlicensed, and it is also an offence to permit an unlicensed person to drive (s8, Vehicle and Traffic Act). Penalty for first offence, up to a 20 penalty unit fine.

Refusing to Give Information to Police

Although a person is normally entitled to refuse to answer a police officer's questions, a driver of a motor vehicle is under a special obligation to provide information to the police. A driver who refuses to state their name and address if requested to do so by a police officer, commits an offence (s41(1)Traffic Act). A police officer may arrest a person without warrant if that person refuses to give, or provides a false, name and address (s41(3), Traffic Act). Since December 2002, it is now an offence not to carry your licence whilst driving, and to produce your licence to a police officer if requested to do so (s46A, Vehicle and Traffic Act).

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