Traffic Law Legal Hotline Tasmania

Which law covers my Tasmanian driving offence?

It depends on the offence. Core driving offences such as negligent, dangerous and reckless driving come under the Traffic Act 1925, and the everyday rules of the road are in the Road Rules 2009. Licensing, registration, demerit points and suspension or disqualification are under the Vehicle and Traffic Act 1999. Drink and drug driving fall under the Road Safety (Alcohol and Drugs) Act 1970. The most serious matters - such as causing death or grievous bodily harm by dangerous driving - can be crimes under the Criminal Code Act 1924.

How many demerit points before I lose my licence in Tasmania?

A full-licence holder is generally suspended (usually for about 3 months) on reaching 12 points within a three-year period. The threshold is far lower and the period shorter for newer drivers: a learner or provisional driver can be suspended at just 4 demerit points within a 12-month period. If you are a full-licence holder, you may be able to apply for a 12-month period of good behaviour to keep driving instead of serving the suspension, but you must apply before the suspension starts.

Can I appeal or avoid a licence suspension?

There are options depending on the type of suspension. For an infringement notice that would add the points tipping you over, you generally have 28 days to seek an internal review or elect a court hearing. For a demerit-point suspension as a full-licence holder, you can apply for a 12-month period of good behaviour before the suspension starts so you keep driving, on the condition you incur no more than one further point. Because the timeframes are short, getting advice quickly is important.

What happens if I just ignore an infringement notice?

Ignoring it does not make it disappear. The matter can be referred to the Monetary Penalties Enforcement Service, additional costs can be added, and ultimately your licence or registration can be affected. If you accept the offence, paying ends it (but admits the demerit points). If you want to dispute it, do not pay - paying is treated as an admission - and instead, within 28 days, seek an internal review or elect to have it heard in court.

Will a drink-driving charge mean I go to court?

Not always. A first offender on a full licence with a BAC below 0.10 may be dealt with by an infringement notice (a fine, demerit points and a 3-month disqualification) without going to court. But higher readings, repeat offences, and refusing a test are dealt with in the Magistrates Court. Because the penalty includes disqualification - and the length depends on your reading, your history and your plea - it is worth getting advice before you appear.

How long will I lose my licence for drink driving?

It varies with the range and whether the matter goes to court. A first offender below 0.10 on a full licence dealt with by infringement notice typically receives a 3-month disqualification. In court, low-range drink driving (0.05 to under 0.10) commonly attracts disqualification of 3 to 12 months, mid-range (0.10 to under 0.15) often around 6 to 18 months, and high range (0.15 and above) 12 to 36 months, with longer periods for repeat offenders. The exact period is set by the court on your facts.

Can I get a restricted (work) licence in Tasmania if I am disqualified?

Tasmania allows applications for a restricted driver licence to be made to the Magistrates Court, but it is not automatic. The court must be satisfied that losing your licence would cause severe and unusual hardship to you or your dependants and that granting it would not be contrary to the public interest. Importantly, a restricted licence is not available for some offences - for example driving under the influence, a high-range reading of 0.15 or more, or where you were disqualified at the time. It is worth getting advice on whether you qualify, and we can book you a fixed-fee consultation with an admitted lawyer to assess this.

Is drug driving treated the same as drink driving?

It is governed by the same Act - the Road Safety (Alcohol and Drugs) Act 1970 - and police use roadside oral-fluid testing for illicit drugs. Driving with a prescribed illicit drug present in your system is an offence carrying fines and disqualification, and the consequences are serious. The specific penalties differ from alcohol matters, so check your situation rather than assume.

What is the difference between dangerous and negligent driving?

Both are offences under the Traffic Act 1925, but they describe different standards of driving and carry different penalties, with dangerous driving generally treated more seriously. Where dangerous driving causes death or grievous bodily harm, it can become an indictable crime under the Criminal Code Act 1924 and be dealt with in the Supreme Court of Tasmania.

Is this service legal advice, and where can I get free help?

The information we provide is free legal information, not legal advice about your specific case, and we are not a law firm. If you need advice tailored to your facts - for example before pleading or applying for a restricted licence - we can book you a fixed-fee consultation with an admitted Australian lawyer so you know the cost in advance. For free help, Tasmania Legal Aid (legalaid.tas.gov.au) runs a Legal Help telephone line on 1300 366 611, and community legal centres can also assist - but free advice is general and time-limited, so use it early, before any deadline runs out.