Traffic Frequently Asked Questions
PROCESSES
I have received a traffic infringement notice. What do I do?
If you are issued an infringement notice, you have 28 days to take one of the following actions:
- Pay the infringement. Payment options can be found on the reverse of your notice. For further details visit www.justice.tas.gov.au.
- Apply to the Monetary Penalties Enforcement Service for a payment variation.
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Apply in writing to Traffic Liaison Services for a review of the infringement:
Traffic Liaison Services
Tasmania Police
GPO Box 308
HOBART TAS 7001 - Lodge a notice of Election for a Court Hearing with the Monetary Penalties Enforcement Service.
What happens if I don’t pay my fine? Will I just get a summons?
A: Under changes made with the Monetary Penalties Enforcement Act 2005 the driver has 28 days in which to select their course of action. This may include an Election for a Court Hearing. Failure to take action on an infringement notice within 28 days will result in the driver being deemed convicted and further financial and regulatory sanctions may be imposed by the Monetary Penalties Enforcement Service (MPES). Information on further sanctions is available on the MPES website.
TRAFFIC ACCIDENT/CRASH
I’ve been in a traffic accident/crash what do I do?
Where possible, at the scene of the accident/crash all drivers must exchange details (if able to do so). These include details of all full names, addresses and registration numbers of all vehicles and/or pedestrians involved. A Traffic Crash must be reported within 12 months of the date of the crash for a claim to be made under the provisions of the Motor Accidents Insurance Board (MAIB). Callers can phone the Police Assistance Line (131 444) for a non-emergency, or Triple Zero (000) in an emergency. Drivers and pedestrians can visit any police station around Tasmania to report a Traffic Crash. For further details view the Accident Records page of this website.
Can I obtain a copy of a Traffic Crash Report?
Traffic Crash Reports are recorded, administered and released in accordance with the provisions set out in the Tasmania Police Manual. The release of a Traffic Crash Report is conducted according to the specifications of the Personal Information Protection Act 2004, Youth Justice Act 1997 and the Right To Information Act 2009.
Insurance Agents, Brokers, Assessors, Lawyers, Hire Car Companies and Investigators can write to Tasmania Police requesting a copy of a crash report. Applications must be on official letterhead and detail all the available information about the crash, including the date and the whereabouts of the incident.
Members of the public involved in a crash can request a copy of a Traffic Crash Report. A request can be made on behalf of another person who was involved in the incident, provided that person has granted written permission. If a driver involved in a crash is under the age of 18, the request for a Traffic Crash Report should be made by a parent or guardian. From 1 January 2012, the release of a Traffic Crash Report incurs a fee of $53.90 (including GST), payable to Tasmania Police. Unless otherwise agreed with Accident Records, payment must be provided at the time of application. For further details view the Accident Records page of this website.
ROAD SAFETY CAMERA NOTICES
What are the rules in regards to Road Safety Camera locations? Can they be placed at the bottom of a hill?
Road Safety Cameras can be placed in any location where there is deemed to be a need, or where a safety issue has been identified. For further details view the Road Safety Camera - Site Selection and Operating Criteria.
I was caught twice by Road Safety Cameras in a short period of time. Can I have some leniency?
A driver may be entitled to some leniency for a Road Safety Camera Infringement Notice when two offences or more have been detected in a short period of time. If the second or subsequent offence occurred prior to the offender being served with the first Infringement Notice, the driver can make a written application to Traffic Liaison Services for the demerit points to be withdrawn for the second offence. Strict conditions apply and both fines must still be paid.
I received an infringement from a Road Safety Camera, can I view the camera photograph?
A driver or owner who wishes to view the Road Safety Camera photograph relating to an infringement notice may do so during business hours at the Hobart, Launceston, Burnie and Devonport Police Stations.
If you are unable to attend these police stations you can also purchase a reproduction of the photo from Tasmania Police. From 1 January 2012, payment of $15.40 (including GST) is required. All requests should include the infringement notice number and payment via cheque to:
Traffic Liaison Services
Tasmania Police
GPO Box 308
HOBART TAS 7001
I lent my car out and I don’t know who was driving at the time of the offence. What should I do?
In regard to a Road Safety Camera Infringement, the first step is to view the photograph in order to assist you in identifying the driver. For details see above question: ‘I received an infringement from a Road Safety Camera, can I view the camera photograph’.
The legislation on this matter is quite clear. The registered owner has liability to identify the driver of his/her vehicle at any time. If the registered owner cannot do so, responsibility for the matter remains with them. This prevents registered owners from simply stating they could not identify the driver, with no one being held responsible.
The vehicle is a company car and any number of people could have been driving it at the time of the offence. What should I do?
In regard to a Road Safety Camera Infringement, the first step is to view the photograph in order to assist you in identifying the driver. For details see question: ‘I received an infringement from a Road Safety Camera, can I view the camera photograph’.
If the vehicle is registered to a company or organisation a Notice of Demand is issued requesting details of the offending driver. Failure to Comply with a Notice of Demand carries a penalty of $1,000 and the vehicle’s registration suspension for 14 days. Additional Monetary Penalties Enforcement Service sanctions may also apply.
It is strongly recommended that businesses and organisations maintain accurate records of vehicle use on a daily basis to avoid penalties for failing to identify an offending driver.
DRIVER’S LICENCE ENQUIRIES
How many demerit points do I have left on my licence?
Basic drivers licence holders are not allowed to accumulate twelve (12) demerit points over a three year period. Provisional or Learner drivers are not allowed to accumulate four (4) demerit points over a twelve month period.
Drivers licence, licence condition or outstanding demerit point enquiries should be addressed to the Registration & Licensing Branch of the Department of Infrastructure, Energy and Resources (DIER) on 1300 851 225.
I will lose my licence due to this offence through loss of demerit points. When do I have to stop driving?
Offenders are convicted of the offence once the infringement is paid or, if unpaid, after 28 days from the date of issue. Once this occurs the Registrar of Motor Vehicles will notify the offender of the start and end dates of their licence suspension or disqualification. For further details visit www.transport.tas.gov.au.
I will lose my licence due to this offence through loss of demerit points. Can I have some leniency?
To lose your licence usually means the driver has committed a serious driving offence or has had a significant driver offending history, accumulating demerit points.
If you are about to lose your licence, you may be eligible for the options outlined below in order to retain your driver’s licence:
- Apply to the Registration & Licensing Branch, DIER for a ‘period of good behaviour.’ For further details visit www.transport.tas.gov.au.
- Apply for a Restricted Licence at the Magistrates Court.
A restricted licence can be granted by Magistrate where it can be proven that loss of a drivers licence would present severe or unusual hardship on the offender. Strict conditions are often attached to this type of licence. For further details contact your nearest Magistrates Court.
VEHICLE REGISTRATION
I didn’t get a licence or vehicle registration renewal advice from the Department of Infrastructure, Energy and Resources (DIER), and now I have an infringement. Who is responsible for that?
It is not a requirement of DIER to remind drivers of the impending expiry of their drivers licence or registration. This notification is a simple courtesy to enable owners to pay their renewals efficiently.
It is the responsibility of licence holders or vehicle owners to be aware of the expiry dates of their licences or registrations, and renew them before they expire.
Many licence holders and vehicle owners fail to notify DIER of a change of address, which they are required to within seven (7) days. Courtesy reminders may often go to the wrong address in these circumstances.
I sold my car but I don’t have the details of the new owner. Now I have an infringement for it, what should I do?
If you were not the offending driver when the infringement was issued, you are required to complete a Statutory Declaration nominating the driver/new owner of the vehicle and return it to:
Traffic Liaison Services
Tasmania Police
GPO Box 308
HOBART TAS 7001
If you sell your vehicle it is your responsibility to lodge a notice of disposal with Service Tasmania or DIER within 7 days. Failure to do so is an offence. If you are unsure of the details of the new owner you should make enquiries with Service Tasmania or the Department of Infrastructure, Energy and Resources (DIER). You are also required to return a Statutory Declaration to Traffic Liaison Services and to DIER.
COMMON OFFENCE ENQUIRIES
How do I know what the penalties are for Traffic Infringements?
Details of all offences can be found on the Tasmanian legislation website.
Can I be booked for using my mobile phone whilst stationary at traffic lights?
Regulation 300(1) of the Traffic (Road Rules) Regulations 1999 states that the driver of a vehicle must not use a hand-held mobile phone whilst the vehicle is moving, or is stationary but not parked. This includes in a line of stopped traffic.
The term ‘use’ refers to more than just speaking on the phone. Handling the phone in any way is classed as ‘using’ it and it regarded as an act of inattentive driving.
Picking up a phone, looking at its screen, turning it off, or passing it to another person all amount to “using” the phone. Statistics show that a driver using a mobile phone is 25% more likely to be involved in a crash. Drivers texting are 45% more likely to be involved in a crash.
Is it ok to wear my seatbelt under my arm?
Regulations specify that seatbelts must be worn in a motor vehicle that is ‘moving, or is stationary but not parked’, and that they must be worn ‘properly adjusted and fastened’. This means it is a requirement for seatbelts to be worn firmly over the shoulder and around the lap.
I have a medical condition which makes it difficult to wear my seatbelt. Do I still need to wear one?
A medical practitioner can issue a medical certificate exempting drivers from the requirement to wear a seatbelt. This certificate must state the nature of the injury and have an end date regarding its effectiveness.
The Registrar of Motor Vehicles can also issue a seatbelt exemption certificate for medical reasons. Certificates must be carried with the person at all times.
