AustLII Tasmanian Numbered Acts

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VEHICLE AND TRAFFIC AMENDMENT (EXCESSIVE SPEEDING AND DISQUALIFIED DRIVERS) ACT 2001 (NO. 69 OF 2001) - SECT 10

Part 3, Division 3A inserted

After section 19 of the Principal Act , the following Division is inserted in Part 3:
Division 3A - Excessive speeding offences

19A.     Automatic disqualification for excessive speeding

(1)  If a person who commits an excessive speeding offence accepts a traffic infringement notice for that offence –
(a) the person is, by that acceptance, disqualified from driving; and
(b) if the person holds an Australian driver licence, the licence is suspended for the period of the disqualification.
(2)  The penalty imposed by subsection (1) is in addition to any other penalty that the person may be liable to in respect of the excessive speeding offence.
(3)  For subsection (1) , the period of disqualification is as follows:
(a) 3 months if the traffic infringement notice indicates that the person exceeded the prescribed speed limit by 38km/h or more, but by less than 45km/h;
(b) 4 months if the traffic infringement notice indicates that the person exceeded the prescribed speed limit by 45km/h or more.
(4)  A period of disqualification under this section takes effect –
(a) if the person is not subject to a current period of disqualification, licence suspension or ineligibility to hold a driver licence as a result of the accumulation of demerit points, as soon as the person accepts the traffic infringement notice; or
(b) if at the time of that acceptance the person is subject to a current period of disqualification, licence suspension or ineligibility to hold a driver licence as a result of the accumulation of demerit points, on the expiration of that period of disqualification, suspension or ineligibility.

19B.     Court-imposed penalties for excessive speeding

(1)  A court that convicts a person of an excessive speeding offence must –
(a) disqualify the convicted person from driving for a period of not less than –
(i) 3 months if the court finds that the person exceeded the prescribed speed limit by 38km/h or more, but by less than 45km/h; or
(ii) 4 months if the court finds that the person exceeded the prescribed speed limit by 45km/h or more; and
(b) exercise the court's power under section 17(2) or (3) consequent on the disqualification; and
(c) impose on the convicted person a fine of –
(i) not less than –
(A) $250 or, if another amount is prescribed (whether in dollars or penalty units), the prescribed amount if the court finds that the person exceeded the relevant speed limit by 38km/h or more, but by less than 45km/h; or
(B) $400 or, if another amount is prescribed (whether in dollars or penalty units), the prescribed amount if the court finds that the person exceeded the relevant speed limit by 45km/h or more; but
(ii) not more than the maximum fine prescribed under the Traffic Act 1925 .
(2)  Notwithstanding subsection (1) , the court may impose a lesser period of disqualification or a lesser fine than the minimum period of disqualification or fine required under that subsection if it is satisfied that it is just to do so because there are, in the circumstances of the case, special reasons for exercising the power conferred by this subsection.



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