Coronial Findings 2024

Response from State Growth dated 28 January 2025.

In the report of your findings, you made two recommendations relating to the regulation of quad bikes and UTVs:

* That the Tasmanian Law Reform Institute and the Attorney-General consider introducing legislation requiring mandatory training and licensing of all persons using quad bikes and UTVs; and

* That consideration be given to including UTVs in the provisions of the Road Rules that apply to quad bikes, or separately providing for them.

The Registrar of Motor Vehicles (Registrar) is responsible for driver licensing and vehicle registration, and the Department of State Growth has responsibility for administering relevant legislation, including the Road Rules 2019. For these reasons, this department has an interest in your recommendations and considered it appropriate to respond.

Statistics indicate a significant increase in the registration of ATVs and quad bikes in Tasmania, with a 65 per cent rise from 2014 to 2024. This does not capture unregistered vehicles, noting that vehicles used solely on property that is not a public street do not have to be registered. Fatalities on private property are not captured in official statistics and can only be confirmed by the Coronial Division or Tasmania Police.

At this time there is no legislative provision that provides for the Registrar to impose restrictions on UTVs not operated on public streets and we note that the Road Rules do not apply to such operation. However, where they have the power to do so via the statutory licensing and registration framework, the Registrar has taken a number of steps to regulate the operation of these vehicles when used on public streets.

The importation of motor vehicles, including UTVs and quad bikes, into Australia is governed by the Road Vehicle Standards Act 2018 (Cth) (RVSA). Under the RVSA, UTVs and quad bikes are not considered road vehicles and are therefore not required to comply with the Australian Design Rules (ADRs) for importation. As such, they are considered a non-compliant vehicle for registration purposes.

In Tasmania, the regulation of vehicle operation, registration, and driver licensing falls under the Traffic Act 1925 and the Vehicle and Traffic Act 1999. UTVs and quad bikes are classified as motor vehicles under these Acts and must be registered and operated by licensed drivers on public streets.

It is an offence to operate an unregistered vehicle on public streets. The Registrar may approve the registration of non-compliant vehicles, subject to conditions, and does so routinely in respect to the registration of quad bikes and UTVs.

The minimum driver licence required is a car licence, as these vehicles are not motorcycles and have a Gross Vehicle Mass (GVM) of less than 4.5 tonnes. As such, drivers cannot be under 16 years of age, which is the minimum age at which a person can obtain a car learner licence. It is standard practice for the Registrar to apply a condition to the registration of these types of vehicles requiring the operator to hold a current provisional or full driver car licence, which would mean the operator must be at least 17 years of age, the statutory minimum age for obtaining a provisional licence.

The Road Rules 2019 mandate the use of helmets for quad bike riders but not for UTV operators. However, conditional registration for this vehicle type requires motorcycle helmets to be worn.

Seatbelts are not required for UTVs or quad bikes, as they are not prescribed by the Vehicle and Traffic (Vehicle Standards) Regulations 2024.

Response provided by State Growth received 19 February 2025.

In response to these recommendations, State Growth is currently progressing the below two actions as a priority:

Resealing the curve with nonslip asphalt
*A 1.6 km section of Frankford Road, which includes the location of the crash, has been added as a priority to this season's resurfacing program, with the works scheduled to take place in early 2025.
*This is expected to significantly mitigate potential safety issues at this site.
*Placing a "slippery when wet" advisory sign near the start of the curve warning westbound traffic;
*There are existing slippery when wet signs located on Frankford Road, however the department is reviewing the locations of these signs and will ensure there are effectively placed signs in this section of the road, pending the completion of the resealing works.

The recommendation to place a 35 km/h advisory speed sign at the start of the curve has been assessed by State Growth's relevant technical staff.

The use of an advisory speed sign in conjunction with a curve warning sign is determined in accordance with the methodology set out in Appendix F of Australian Standard, AS1742, Part 2: Traffic control devices for general use. Applying this methodology to the subject curve found that a 55 km/h advisory speed is appropriate at this location and arrangements have been made this signage installed.
Although approaching motorists currently have good forward sight distance to the curve in question, arrangements have also been made to further improve driver awareness of this curve by installing additional signage in the form of chevron alignment markers (CAMs) on the outside of the curve for both directions of travel. This will make it easier for motorists to perceive the road layout and assist them in their decision making.
Installing audible painted edge lines throughout the length of the curve was also assessed though is not proposed to be installed as the road as is not wide enough for the installation of edge lines (audible or non-audible) and the existing double centreline marking meets the required design guidelines.

Matter notes (NOT a  response to Coronial Recommendations):

Attached are the coronial findings and s58 decision in relation to the matter of Eden Jayde Westbrook.

Coroner Olivia McTaggart handed down her findings on 30 September 2016.
Mr and Mrs Westbrook made an application under s58 of the Coroners Act 1995 to have the investigation into the death of their daughter Eden re-opened and finding re-examined on 5 August 2020.
Chief Magistrate Catherine Geason considered the matters raised and gave reasons on 1 April 2022 as to why the investigation would not be re-opened.

Response received from WorkSafe received  24 February 2025.

WorkSafe Tasmania has advised by email all persons who hold, or who have held, a forklift licence in Tasmania of the incident and his Honour’s recommendations. This equates to over 43,000 emails being sent.