Road Safety Act 1986 (Vic)

Version No. 233

Road Safety Act 1986

No. 127 of 1986

Version incorporating amendments as at

13 August 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

3AAADefinition of driver base

3AACircumstances in which person is to be taken to be in charge of a motor vehicle

3ABCircumstances in which person is to be taken to be driving a motor vehicle

3ACCircumstances in which person is taken to be driving a trailer

3ADCircumstances in which person is to be taken to be disqualified from obtaining a driver licence or learner permit

3AECircumstances in which person is to be taken to be disqualified from driving a motor vehicle on a road in Victoria

3AFMeaning of display in relation to digital licence or permit

3BTransport Integration Act 2010

3CFilming Approval Act 2014

4Act to bind Crown

Part 2—Registration

Division 1—Secretary as registration authority

5AAFunctions of Secretary

5ABPowers of Secretary

5ACSale of registration number rights

5ACAPeriodical charge for registration number rights

5ACBReservation of registration number rights

5ADWhat are registration number rights?

5AENon-standard number plates and replacement non‑standard number plates

5AEAPeriodical charge for use of non‑standard number plates or replacement non‑standard number plates

Division 2—Registration

5Purposes of registration

6Application of Part

6ASecretary not to register vehicles based outside Victoria

7Offence if vehicle or trailer not registered

9Effecting registration, renewal or transfer

9AASuspension of motor vehicle or trailer registration

9ABCessation of suspension

9ACDirection not to grant or renew registration

9ADRenewal of registration

9AENon-transfer of registration

9AFTransfer of registration

9AGCancellation of registration—deregistered body corporate

9AObligations of registered operator

9BRegister does not provide evidence of title

10Power to require compliance with standards

12Appeal to Magistrates' Court

13Power to inspect motor vehicles and trailers

14Defective vehicles

15ASuspension or cancellation of vehicle tester authorisations

16Seizure of number plates

Division 2A—Cancellation of registration for offensive advertisements

16AADefinitions

16ABAdvertising breach notice

16ACRegistration cancellation notice

16ADWithdrawal of advertising breach notice

16AECancellation of registration

16AFNo transfer of registration

16AGNo refund of registration fees

16AHApplying for registration after cancellation

Division 3—Written-off vehicles

16APurposes of Division

16BDefinitions

16BAStatutory write-offs

16CWhen is a vehicle written off?

16DRegister of written-off vehicles

16EAppeals regarding written-off vehicle registration

16FProhibition on registration of vehicles that have written-off vehicle identifiers

Part 2A—Records of persons driving motor vehicles

16GSecretary may maintain records of persons driving non‑automated motor vehicles

Part 3—Licensing of drivers

17Purposes of licensing

17AObligations of road users

18Offence if driver not licensed

18AADriving in breach of licence condition

18ABRestrictions affecting learner drivers

18AIssue of driver licence or learner permit to holder of licence or permit issued outside Victoria

18BSecretary may retain and check validity of physical licence or permit documents

18BASecretary may copy and check validity of digital licence or permit document

18CSecretary may confiscate and destroy physical licence or permit document believed to be false, etc.

19Driver licences

19ADirection not to grant or renew licence

19BRenewal of licence or permit

20Variation of driver licences

21Probationary driver licences

21AFee for driver licence

22Learner permits

23Driver licence document and learner permit document to remain property of State of Victoria

23AASecretary may approve software application for digital driver licence documents and digital learner permit documents

23AABUse of digital driver licence document or digital learner permit document after expiry, suspension, cancellation or surrender of licence or permit

23ASecretary must not grant driver licence or learner permit to disqualified driver

23BAlcohol interlock to be installed prior to grant of driver licence or learner permit subject to alcohol interlock condition

24Cancellation, suspension or variation of licences and permits by Secretary

25Cancellation and disqualification—corresponding interstate drink-driving offence

25AReduction in period for which a person is ineligible to be granted a driver licence or learner permit

26Appeal to Magistrates' Court

26AAppeal to Magistrates' Court against police decision

27Power of Secretary to require tests to be undergone

28Power of court to cancel, suspend or vary licences and permits

28AEffect of suspension of licence or permit

28BDisqualified person must not apply for licence or permit

29Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court

30Offence to drive while disqualified etc.

30AAOffence to drive while licence suspended under Fines Reform Act 2014

30ACourt may extend suspension or disqualification period even if offence not committed

31Cancellation of registration by court

31ACertain disqualified persons require licence eligibility order before applying for licence or permit

31BApplication for licence eligibility order

31EPersons required to provide certificate of completion of first-stage behaviour change program

31HProcedure on hearing of application for licence eligibility order

31IEffect of licence eligibility order

31JCourt must notify the Secretary of the making of a licence eligibility order

31KApplication of Evidence Act 2008

31KAAdministrative scheme for imposing alcohol interlock condition

31KBAdministrative scheme for imposing alcohol interlock condition—interstate drink-driving offence

31KCAdministrative alcohol interlock conditions to operate concurrently with other alcohol interlock conditions

31LSupervising driver offences

32Offence to employ unlicensed driver

32AOffence to allow, permit or cause unlicensed driver to drive motor vehicle

33Driving instructor authorities

33AOffence to teach driving without driving instructor authority or in breach of condition of authority

33BRequirement to display photograph

Part 3A—Automated vehicles

33CApplication for ADS permit

33DDetermination of application

33EADS permit

33FWhat an ADS permit authorises

33GConditions of ADS permit

33HCancellation, suspension or variation of ADS permit

33IOffences related to driving, or being in charge of, automated vehicle for which an ADS permit is not in force

33JOffence to drive, or be in charge of, automated vehicle operating in breach of ADS permit condition

33KPower of Secretary to conduct tests or assessments

33LSecretary may maintain records of persons driving, or in charge of, automated vehicles

33MMinister may issue guidelines

33NPower to exempt from, or vary the operation of, this Act, the regulations or rules

Part 4—Demerit points

Division 1—Interpretation

34Interpretation

Division 2—Demerits Register

35Demerits Register

Division 3—Holders of Victorian driver licence or learner permit

36Demerit point option notice

37Further demerit point option notice

38Extended demerit point period

39Person elects to extend demerit point period and incurs no additional demerit points

40Person elects to extend demerit point period and incurs additional demerit points or has driver licence or learner permit cancelled or suspended for a driving offence

41Person fails to elect to extend demerit point period

41APersons whose driver licence or learner permit is suspended or cancelled

42Suspension of driver licence or learner permit under this Division

43Cancellation of suspension if service ineffective

44Suspension of driver licence or learner permit cancelled or suspended other than under this Division

45Cancellation of demerit point option notice

46Effect of cancellation of demerit points on suspension under section 40

46AAEffect of cancellation of demerit points on suspensions under sections 41 and 41A

Division 4—Holders of overseas licences and unlicensed drivers

46ADriving disqualification notice

46BPeriod of disqualification

46CCancellation of disqualification if service ineffective

46DEffect of cancellation of notified demerit points

Division 5—General

46EService of notices

46EAADS permit holders

46FCancelled demerit points to be disregarded

46GAdmissibility of demerit points

46HAppeal to Magistrates' Court

46IStay of suspension or disqualification

Part 5—Offences involving alcohol or other drugs

47Purposes of this Part

47ADefinition

48Interpretative provisions

49Offences involving alcohol or other drugs

49BOffence to consume intoxicating liquor while driving

49COffence to consume intoxicating liquor while supervising certain drivers

50Provisions about cancellation and disqualification

50AAADirection to impose alcohol interlock condition

50AAABAdministrative scheme for removal of alcohol interlock condition

50AAACApplication to Magistrates' Court for direction

50AAADExemption from, or removal of, alcohol interlock condition on medical grounds

50AAAEApplication to avoid imposition of alcohol interlock condition

50AAAFApplication to Magistrates' Court for review of decision under section 50AAAE

50AACAppeals against alcohol interlock condition direction or period specified in direction

50AACBCourt must notify the Secretary of certain matters

50AADOffences and immobilisation orders

50AAEApproval of types of alcohol interlocks and alcohol interlock suppliers

50AAEARefusal of approved alcohol interlock supplier to supply

50AAEBChange of terms and conditions

50AAECTransfer of approval of alcohol interlock supplier

50AAEDTransition of certain matters on transfer of approval

50AAFConditions on approvals

50AAGGuidelines

50AAHCancellation or variation of approval of types of alcohol interlocks

50AAICancellation or suspension of approval of alcohol interlock supplier

50AAIAPower of immediate suspension

50AAIBInquiry

50AAICEffect of suspension

50AAJReview by Tribunal

50AAKOffence for person to assist with contravention of alcohol interlock condition

50AAKACost recovery fees

50AAPrevious convictions

52Zero blood or breath alcohol

53Preliminary breath tests

54Preliminary testing stations

55Breath analysis

55ADrug assessment

55BBlood and urine samples—persons assessed to be impaired by drugs

55BABlood samples—accidents resulting in death or serious injury

55CDestruction of identifying information

55DPreliminary oral fluid tests

55EOral fluid testing and analysis

56Blood samples to be taken in certain cases

57Evidentiary provisions—blood tests

57AEvidentiary provisions—urine tests

57BEvidentiary provisions—oral fluid tests

58Evidentiary provisions—breath tests

58AAvoidance of certain provisions in contracts of insurance

58BProhibited analysis

58BAReview of amendments made by Division 6 of Part 2 of the Roads and Road Safety Legislation Amendment Act 2024

Part 5A—Behaviour change program

Division 1—Requirement to complete behaviour change program

58CRequirement to complete first-stage behaviour change program

58DRequirement to complete second-stage behaviour change program

58ESecretary to notify person of behaviour change program

58FBehaviour change program for interstate offences

58GRequirement to complete behaviour change program does not affect any penalty

58HEvidence of completion of behaviour change program invalid, false or issued in error

Division 2—Approval of behaviour change program and providers of behaviour change program

58ISecretary may approve behaviour change program

58JSecretary may approve provider of behaviour change program

58KConditions etc. on approval of providers

58KATransfer of approval of provider

58KBTransition of certain matters on transfer of approval

58LCancellation or suspension of approval of provider

58MReview by Tribunal

Division 3—Fees relating to behaviour change program

58NPayment of fee

58OApproved provider to give information and fees to the Secretary

58PSecretary may determine fees

Division 4—Participation in and completion of behaviour change program

58QReferral to medical or other therapeutic services

58RCertificate of completion

Part 6—Offences and legal proceedings

59General duty of driver or person in charge of motor vehicle

60Duty of owner of motor vehicle to give information about driver

60ADuty of owner of trailer to give information

61Duty of driver etc. of motor vehicle if accident occurs

61ADuty of driver etc. of vehicle that is not a motor vehicle if accident occurs

62Power to prevent driving by incapable persons

63Power to enter motor vehicles

63ARemoval of vehicles obstructing driveways etc.

63BUse of vehicle immobilising devices

64Dangerous driving

64ADriving a motor vehicle when directed to stop

65Careless driving

65AImproper use of motor vehicle

65BProhibition on drivers of heavy vehicles exceeding speed limit by 35km/h or more

65BADriving of heavy vehicle in a no-truck zone

65BBExtended liability for driving of heavy vehicle in a no-truck zone

65BCProsecution

65BDExclusion of double jeopardy

65BEDeclaration of area of land to be no-truck zone

65CRiding a miniaturised motor cycle on a road or road related area

66Certain prescribed offences to be operator onus offences

66ANo‑truck zone offence an operator onus offence

67Extension of time if no actual notice for certain traffic infringements

68Speed trials

68AUnauthorised use of freeway

68BDeliberately or recklessly entering a level crossing when a train or tram is approaching etc.

69Offence to procure use of motor vehicle by fraud

70Tampering or interfering with motor vehicle without just cause or excuse

71Obtaining licence etc. by false statements

72Forgery etc. of documents and identification marks

73Offence to alter, deface or place number on engine of motor vehicle

73AOffence to obstruct etc. person operating road safety camera or speed detector

74Offence to sell, use or possess anti-speed measuring devices

74AOffence to sell certain breath analysing instruments

76Arrest without warrant

77Power to prosecute

78Average speed evidence of actual speed in certain circumstances

78AEvidence of road distance

79Evidence of speed

79AEvidence of engine management system data

80Certain matters indicated by prescribed road safety cameras are evidence

80ACertain matters indicated by prescribed road safety cameras are evidence

80BCertain matters related to portable devices indicated by prescribed road safety cameras are evidence

80CCertain matters related to wearing of driver seatbelt indicated by prescribed road safety cameras are evidence

80DCertain matters related to wearing of passenger seatbelt indicated by prescribed road safety cameras are evidence

80ECertain matters indicated by prescribed no‑truck zone cameras are evidence

81Certain matters indicated by prescribed road safety cameras or prescribed processes are evidence

82Evidence of mass

83Evidence of testing and sealing

83AEvidence relating to prescribed road safety cameras

83BEvidence relating to prescribed no‑truck zone camera

84General evidentiary provisions

84AUnofficial breath analysing instruments

84ABRaising of matters relating to exemptions under Road Rules in camera detected seatbelt offence proceedings

84ACRaising of matters relating to exceptions in camera detected no‑truck zone offences

84BSurveillance Devices Act 1999

84BAADouble jeopardy

Part 6AA—Operator onus

84BAPurpose of this Part

84BBDefinitions

84BCOperator onus offences

84BDEffect of payment of penalty, etc.

84BEUse of effective statement to avoid liability

84BEAFailure to give effective statement

84BEBDate of failure to give effective statement and time for commencement of proceeding

84BFCancellation of acceptance of statement

84BGProceedings against nominated persons

84BHDefences to operator onus offences

84BIOffence to provide false or misleading information

84BIACancellation of licence and disqualification

Part 6AB—Safe driving programs

Division 1—Preliminary

84BJDefinitions

84BKPart does not affect other penalty

Division 2—Requirement to complete approved safe driving program

84BLCourt order for completion of approved safe driving program

84BMSecretary to notify person of program and period for completion

84BNFailure to complete approved safe driving program

Division 3—Approval of safe driving programs and providers of safe driving programs

84BOSecretary may approve safe driving programs

84BPSecretary may approve providers of safe driving programs

84BQConditions etc. on approval of providers

84BQATransfer of approval of provider

84BQBTransition of certain matters on transfer of approval

84BRCancellation or suspension of approval of provider

84BSReview by Tribunal

Division 4—Fee relating to approved safe driving program

84BTPayment of fee

84BUApproved provider to send fees to Secretary

84BVSecretary may determine fee

Part 6A—Impoundment, immobilisation and forfeiture of motor vehicles

Division 1—Preliminary

84CDefinitions

84DThis Part does not affect other penalties

Division 2—Impoundment or immobilisation by Victoria Police

84FPowers of Victoria Police

84GSeizure of motor vehicle

84GASearch for motor vehicle

84GBDirection to provide location of motor vehicle

84HSurrender of motor vehicle

84IImpoundment or immobilisation of a motor vehicle

84JPowers of persons authorised by Victoria Police

84KNotice of impoundment or immobilisation

84LContent of notice

84MReview by a senior police officer

84NRelease of motor vehicle by Victoria Police

84OAppeal rights

84POffences

84PAAuthorisation to move motor vehicle

84PBRelocation of immobilised motor vehicle by Victoria Police

84QRecovery of motor vehicle

84QAHow motor vehicle immobilised by steering wheel lock may be recovered

84RCrown to pay costs if driver found not guilty or charges not proceeded with

Division 3—Impoundment, immobilisation or forfeiture by court order

84SImpoundment or immobilisation order

84TForfeiture order

84TAApplication to register financing statement after impoundment or immobilisation order or forfeiture order

84UApplication for an impoundment or immobilisation order or a forfeiture order

84VSubstitution of motor vehicle

84WNotice of application

84WAApplication to register financing statement after serving notice of application

84XInterest in motor vehicle not to be transferred

84YNotice where 2 or more offences charged

84YADirection not to transfer registration or register motor vehicle

84YBSecretary not to transfer registration or register motor vehicle

84YCCessation of direction under this Act does not affect any suspension

84ZHearing of application

84ZAApplication for variation of order

84ZABInterest in motor vehicle not to be transferred

84ZACBreach of undertaking

84ZBWhen order takes effect

84ZCPowers of police and authorised officers to enforce orders

84ZDLiability for costs of impoundment or immobilisation

84ZERights of owners

84ZFThird party protection from forfeiture order

Division 4—Search and seizure warrants

84ZGApplication for search and seizure warrant

84ZHSearch and seizure warrant

84ZIRecord of proceedings for search and seizure warrant

84ZJAnnouncement before entry

84ZKCopy of search and seizure warrant to be given to occupier

84ZLUse of assistants to execute search and seizure warrant

84ZMApplication of Magistrates' Court Act 1989

84ZNExpiry of search and seizure warrant

84ZOReport on execution of search and seizure warrant

84ZPObstruction or hindrance of person executing search and seizure warrant

Division 5—Disposal of motor vehicles

Subdivision 1—Disposal of motor vehicles, items and things

84ZQSale or disposal of uncollected motor vehicles and items

84ZQANotice to be given of intention to sell or dispose

84ZQABSale or disposal of motor vehicles and items deemed to be abandoned

84ZQACNotice to be given of intention to deem motor vehicle abandoned

84ZQADApplication for order that motor vehicle is not abandoned

84ZQBApplication to register financing statement after giving notice of intention to sell etc.

84ZQCApplication to register financing statement if motor vehicle vests in Crown

84ZQDApplication of proceeds of sale

Subdivision 2—Disposal of motor vehicles, items or things if forfeiture order has taken effect

84ZRSale or disposal of motor vehicle subject to forfeiture order

84ZRANotice to be given of intention to sell or dispose

84ZRBApplication to register financing statement after giving notice of intention to sell motor vehicle subject to forfeiture order

84ZSApplication of proceeds of sale

Subdivision 3—Disposal of motor vehicles, items or things subject to disposal order

84ZTDisposal of motor vehicle, item or thing subject to disposal order

84ZUNotice to be given of intention to apply for disposal order

84ZUAApplication to register financing statement after giving notice of application for disposal order

84ZVApplication for disposal order

84ZWHearing of application for and making of disposal order

84ZWAApplication to register financing statement after making of disposal order

84ZXApplication of proceeds of sale

Division 6—Inspection of impounded, immobilised or forfeited motor vehicles

84ZYPower to inspect motor vehicles

Part 6B—Immediate licence or permit suspension

Division 1—Immediate licence or permit suspension for certain drug or alcohol related offences

85Immediate licence or permit suspension for charges for certain drug or alcohol related offences

85AImmediate licence or permit suspension for charges for other drug or alcohol related offences

85BImmediate licence or permit suspension where certain certificates of breath or blood alcohol concentration issued

85CPeriod of suspension

85DEffect of issue of traffic infringement notice

85EEffect of charging a person who has licence or permit suspended under section 85B

Division 2—Immediate licence or permit suspension for certain speeding offences

85FImmediate licence or permit suspension for certain speeding offences

85GImmediate licence or permit suspension where certain traffic infringement notices issued

85HPeriod of suspension

Division 3—Immediate licence or permit suspension for certain other offences

85IAADefinition

85IImmediate licence or permit suspension for certain offences resulting in injury or death

85IAImmediate licence or permit suspension for certain other offences

85JPeriod of suspension

Division 4—General provisions

85KWhen does suspension commence?

85LContent and copies of notice

85MWhen is a person charged with an offence?

85NSurrender of licence or permit document

85OEffect of suspension under this Part

85PEffect of later cancellation or suspension of licence or permit

85QCancellation of suspension

85RSupervising driver offences

85SAppeal to the Magistrates' Court

85TOrders Magistrates' Court may make in the proceeding

85UCross-examination as to offence with which person is charged

85VProhibition on use of information or documents in subsequent proceedings

85WOrders courts may make during other processes

Part 6C—Immediate non‑Victorian licence or permit holder and unlicensed driver disqualification

Division 1—Preliminary

85XDefinitions

Division 2—Immediate disqualification for certain drug or alcohol related offences

85YImmediate disqualification for charges for certain drug or alcohol related offences

85ZImmediate disqualification for charges for other drug or alcohol related offences

85ZAImmediate disqualification where certain certificates of breath or blood alcohol concentration issued

85ZBPeriod of disqualification

85ZCEffect of issue of traffic infringement notice

85ZDEffect of charging a person who has been disqualified under section 85ZA

Division 3—Immediate disqualification for certain speeding offences

85ZEImmediate disqualification for certain speeding offences

85ZFImmediate disqualification where certain traffic infringement notices issued

85ZGPeriod of disqualification

Division 4—Immediate disqualification for certain other offences

85ZHImmediate disqualification for certain offences resulting in injury or death

85ZHAImmediate disqualification for certain other offences

85ZIPeriod of disqualification

Division 5—General provisions

85ZJWhen does disqualification commence?

85ZKContent and copies of notice

85ZLWhen is a non-Victorian licence or permit holder or unlicensed driver charged with an offence?

85ZMEffect of disqualification under this Part

85ZNEffect of later disqualification by a court

85ZOCancellation of disqualification

85ZPSupervising driver offences

85ZQAppeal to the Magistrates' Court

85ZROrders Magistrates' Court may make in the proceeding

85ZSCross-examination as to offence with which person is charged

85ZTProhibition on use of information or documents in subsequent proceedings

85ZUOrders courts may make during other processes

Part 7—Infringements

86Parking infringements to be operator onus offences

87Service of parking infringement notices

88Traffic infringements

89Effect of payment of penalty

89AEffect of drink-driving infringements, drug-driving infringements and excessive speed infringements

89BExtension of time to object if no actual notice

89BAExtension of time to lodge statement under section 84BE

89CCancellation of licence or permit for drink-driving infringements

89DSuspension of licence or permit for excessive speed infringement or drug-driving infringement

89EApplication of the Fines Reform Act 2014 to certain offences

89FApplication and modification of Schedule 3 to the Children, Youth and Families Act 2005

90Proof of prior convictions

Part 7A—Private parking areas

90ADefinitions

90BAbolition of distress damage feasant in relation to motor vehicles

90CDetention or immobilisation of motor vehicles

90DAgreements

90EParking in council controlled areas

90FRemoval of vehicles from council controlled areas

90GEntry to council controlled areas

90HWheel clamping agreements

Part 7B—Use and disclosure of information

90IInterpretation

90JInformation to which this Part applies

90KAuthorised use or disclosure

90LExceptional circumstances

90MVerification of information

90NInformation protection agreements

90ODisclosure not mandatory

90PFreedom of Information Act 1982

90QOffences

90RDiscovery for purpose of recovery of private car park fees

Part 7C—Vehicle sharing schemes

90SDefinitions

90TAgreement to operate a vehicle sharing scheme

90URequirement for authorising agreement

Part 8—General

93Service of notices

93AGuidelines for industry codes of practice

93BRegistration of industry codes of practice

94Approvals by Chief Commissioner or Secretary

94ASupreme Court—limitation of jurisdiction

94BSupreme Court—limitation of jurisdiction

95Regulations

95DRules

95EGazette notices may incorporate document etc.

96Disallowance of instruments

96AApplication orders and emergency orders

96BMinister may issue guidelines about testing of persons under section 27

97Application of fees

97AAdministrative fees

98Minister may extend application of Act

99Warning signs and other installations

99AConduct of works or activities on a highway

99BNon-road activities on highways

99CMinister may designate road safety research trial

99DReporting incidence of camera detected no-truck zone offences

100Inconsistent regulations or by-laws

103Transitional provisions

103ATransitional provisions—Road Safety (Further Amendment) Act 2001

103BApplication of amendment made by the Road Safety (Alcohol Interlocks) Act 2002

103CApplication of amendments made by the Road Safety (Responsible Driving) Act 2002

103DApplication of amendments made by the Road Safety (Amendment) Act 2003

103EValidation of sale of registration number rights and collection of certain amounts

103FRegulations may take effect on commencement

103GTransitional provision—Transport Legislation (Miscellaneous Amendments) Act 2004

103HTransitional provision—sections 27 and 33 of the Transport Legislation (Amendment) Act 2004

103IApplication of amendments made by section 41 of the Transport Legislation (Amendment) Act 2004

103JTransitional provisions—Road Safety (Further Amendment) Act 2005

103KTransitional provision—Road Safety (Drugs) Act 2006

103LTransitional provisions—Road Legislation (Projects and Road Safety) Act 2006

103MTransitional provisions—Road Legislation Amendment Act 2007

103NTransitional provisions for operator onus—Road Legislation Further Amendment Act 2007

103OTransitional provisions for Demerits Register—Road Legislation Further Amendment Act 2007

103PTransitional provisions for level crossings—Road Legislation Further Amendment Act 2007

103QTransitional provisions for fatigue regulated heavy vehicles—Road Legislation Further Amendment Act 2007

103UDefinition

103VTransitional provision 2009 Act—Section 79 evidence

103WTransitional provision 2009 Act—Section 80A evidence

103XTransitional provision 2009 Act—Section 81 evidence

103YTransitional provision 2009 Act—Section 83 certificates

103ZTransitional provision 2009 Act—Section 83A certificates

103ZATransitional provision—Justice Legislation Amendment Act 2010

103ZBTransitional provision—Health and Human Services Legislation Amendment Act 2010

103ZCTransitional provision—Road Safety Amendment (Hoon Driving) Act 2010

103ZDTransitional provision—Road Safety Amendment (Hoon Driving and Other Matters) Act 2011

103ZETransitional provision—Road Safety Amendment Act 2012

103ZFTransitional provision—Road Safety and Sentencing Acts Amendment Act 2012

103ZGTransitional provisions—Road Safety and Sentencing Acts Amendment Act 2013

103ZHTransitional provision Heavy Vehicle National Law Application Act 2013

103ZHATransitional provisions—Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013

103ZHBTransitional provision—Road Legislation Amendment Act 2013

103ZITransitional provisions—Road Safety Amendment Act 2014

103ZJTransitional provision—Road Legislation Further Amendment Act 2016

103ZKTransitional provisions—Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017

103ZLTransitional provision—Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017

103ZLATransitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019

103ZLBTransitional provision—Transport Legislation Miscellaneous Amendments Act 2021

103ZMTransitional provisions—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019

103ZNTransitional provision—Transport Legislation Amendment Act 2020

103ZNATransitional provision—Road Safety and Other Legislation Amendment Act 2020

103ZOTransitional provision—Transport Legislation Amendment Act 2023—exemption from, or removal of, alcohol interlock condition

103ZPTransitional provision—Transport Legislation Amendment Act 2023—zero blood or breath alcohol

103ZQTransitional provision—Roads and Road Safety Legislation Amendment Act 2024

104Validation of certain resolutions fixing higher penalties for parking infringements

105Certain local laws to have force and effect despite inconsistency with regulations

105AValidation concerning certain alcohol interlock conditions

Part 8A—Transitional arrangements—Transport Legislation Amendment Act 2019

105BDefinition

105CApplication of Interpretation of Legislation Act 1984

105DOfficers of the Corporation who are authorised officers continue as authorised officers

105EOfficers of the Corporation authorised as prosecution officers continue as prosecution officers

105FSecretary may appoint Corporation officers as authorised officers and persons who may commence and conduct proceedings

Part 9—Inspections and searches concerning heavy vehicles

Division 1—Preliminary matters

106Definitions

106AApplication of Commonwealth Acts Interpretation Act 1901

107Residential purposes

109Copying of documents

110Compliance purposes

111Other reference provisions

112Authorisation of authorised officers

Division 2—Inspections and searches of vehicles on highways or public places

113Vehicles to which this Division applies

114Power to inspect vehicle

115Power to search vehicle

116Production of identification by inspectors before vehicle inspections or searches

117Production of identification during inspection or search

118Consent not needed for inspections or searches

Division 3—Inspections and searches of premises

119Definition

120Premises to which this Division applies

121Power to inspect premises

122Power to search premises

123When inspection or search may be conducted

124Unattended or residential premises not to be searched

125Procedure for obtaining informed consent

126Production of identification by inspectors before inspections or searches of premises

127Production of identification during inspection or search

Division 4—Search warrants

128Search warrants

129Announcement before entry

130Details of warrant to be given to occupier

131Seizure of things not mentioned in the warrant

Division 5—Inspectors may give directions

132Power to require production of documents and related items

133Direction to provide reasonable assistance

134Authority to run vehicle's engine

135Direction to state name and address

136Direction to provide certain information

137Manner of giving directions under this Division

138Self-incrimination not an excuse

Division 6—Seizure

139Copies of certain seized things to be given

140Access to seized things

141Journey may be completed despite seizure of required thing

142Embargo notice

143Retention and return of seized documents or things

144Magistrates' Court may extend 3 month period

Division 7—Other matters concerning inspections and searches

145Use of assistants and equipment

146Use of equipment to examine or process things

147Use or seizure of electronic equipment

148Obstructing or hindering inspectors

149Impersonating authorised officers

Division 8—Interstate provisions

149AAReciprocal powers of officers

Part 10—Provisions concerning breaches of mass, dimension and load restraint limits and requirements

Division 1—Preliminary matters

149APart does not apply to a heavy vehicle

150Reference to vehicle includes loads and attached vehicles

151Statement that mistake of fact defence does not apply not to affect other offences

Division 2—Categorisation of breaches

152Purpose of this Division

153Mass limits

154Width limit

155Length limit

156Height limit

157Load restraint requirement

158Upgrading of categorisation in certain circumstances

Division 3—Enforcement powers concerning mass, dimension or load restraint breaches

159Application of this Division

160Meaning of rectify a breach

161Reference to single offence includes multiple offences

162Rectification of minor risk breaches

163Rectification of substantial or severe risk breaches

164Further provision concerning rectification places

165General provisions concerning directions and authorisations

166Conditions

168Person must comply with a direction and conditions

169Application of Division in relation to other directions

170Amendment or revocation of directions or conditions

Division 4—Responsibility for breaches of mass, dimension and load restraint limits and requirements

171Liability of consignor

172Liability of packer

173Liability of loader

174Liability of operator

175Liability of driver

176Liability of consignee

177Multiple offenders

178Penalties applying to offences under this Division and exclusion of double jeopardy

Division 5—Provisions concerning defences

179Reasonable steps defence

181Exclusion of mistake of fact defence

Division 7—Sentencing considerations for mass, dimension or load restraint breaches

188Matters to be taken into consideration by courts

Division 8—Other matters

189Offence to provide false or misleading transport or journey documentation

190Other powers not affected

191Contracting out prohibited

Part 10A—Fatigue management light buses

Division 1—Application of Heavy Vehicle National Law (Victoria)

191ADefinitions

191BApplication of the Heavy Vehicle National Law (Victoria)—fatigue management of light buses

191BAExemption of person carrying out certain duties driving a light bus

Division 2—Meaning of terms for Heavy Vehicle National Law (Victoria)

191CMeaning of fatigue-regulated heavy vehicle

191DMeaning of fatigue-regulated bus

191EMeaning of Regulator

191FMeaning of responsible Ministers

191GMeaning of this Law

191HMeaning of authorised officer

Schedules

Schedule 1—Minimum disqualification periods

Schedule 1AB—Minimum disqualification periods for combined drink and drug driving offences

Schedule 1B—Alcohol interlock requirement

Schedule 2—Subject-matter for regulations

Schedule 5—Minimum suspension periods for excessive speed

Schedule 6—Criteria for classification of statutory write-off—Light motor vehicles

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 233

Road Safety Act 1986

No. 127 of 1986

Version incorporating amendments as at

13 August 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to provide for safe, efficient and equitable road use; and

(ab)to set out the general obligations of road users in relation to responsible road use; and

(b)to improve and simplify procedures for the registration of motor vehicles and the licensing of drivers; and

(c)to prevent the rebirthing of stolen vehicles; and

(d)to ensure the equitable distribution within the community of the costs of road use.

2Commencement

This Act (including the items in Schedule 3 and the amendments in Schedule 4) comes into operation on a day or days to be proclaimed.

3Definitions

(1)In this Act—

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ADS guidelines means guidelines issued by the Minister under section 33M;

ADS permitmeans a permit granted under section 33D;

ADS permit holder, in relation to an automated vehicle, means the holder of an ADS permit that specifies the vehicle;

ADS trial means a trial on a highway of the automated driving system of an automated vehicle—

(a)for the purpose of testing the operation of the vehicle in automated mode; or

(b)for the purpose of testing the safety with which the automated capabilities of the vehicle may be deployed; or

(c)for the purpose of assisting the development of the automated capabilities of the vehicle; or

(d)for any other prescribed purpose;

alcohol interlock, in relation to a motor vehicle, means a device capable of—

(a)analysing a breath sample for the presence of alcohol; and

(b)if it detects more than a certain concentration of alcohol, preventing the motor vehicle from being started;

alcohol interlock condition means a condition on a driver licence or learner permit under which the holder is only permitted to drive a motor vehicle in which an approved alcohol interlock has been installed, and maintained, by an approved alcohol interlock supplier or a person or body authorised by such a supplier;

alcohol interlock condition direction means a direction given under section 50AAA(2) or (3) to the Secretary that it can only grant a person a driver licence or learner permit that is subject to an alcohol interlock condition;

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approved alcohol interlock means an alcohol interlock of a type approved by the Secretary under section 50AAE(3) and, if that approval is varied under section 50AAH(1A), as so varied;

approved alcohol interlock supplier means a person or body approved by the Secretary under section 50AAE(5);

approved health professional means—

(a)a person registered under the Health Practitioner Regulation National Law—

(i)to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and

(ii)in the registered nurses division of that profession; or

(b)a person approved under subsection (4) to take a blood sample for the purposes of Part 5; or

(c)a person or a member of a class of person prescribed by the regulations;

approved provider—

(a)in relation to a behaviour change program, means a person or body approved by the Secretary under section 58J to provide a behaviour change program; and

(b)in relation to a safe driving program, means a person or body approved by the Secretary under section 84BP to provide an approved safe driving program;

approved road transport compliance scheme means a scheme, agreement or arrangement that—

(a)is prescribed by the regulations; or

(b)is identified by, or is of a class identified by, the regulations—

and that makes provision for compliance with a road or transport law or a non‑Victorian road or transport law;

Example

A scheme, agreement or arrangement that provides for a system of accreditation-based compliance.

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Australian driver licence means—

(a)a driver licence; or

(b)a licence (other than an Australian learner permit) issued under the law of another State or a Territory authorising the holder to drive a motor vehicle on a highway;

Australian learner permit means—

(a)a learner permit; or

(b)an interstate learner permit;

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authorised officer means a person authorised by the Secretary or the Regulator under section 112;

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automated driving system means technology (comprised of a combination of hardware and software) that is capable of performing the dynamic driving task of a motor vehicle;

automated mode, in relation to an automated vehicle, means the mode of operation of the vehicle in which the dynamic driving task is being performed by the automated driving system;

automated vehicle means a motor vehicle that is equipped with an automated driving system;

axle means one or more shafts positioned in a line across a vehicle, on which one or more wheels intended to support the vehicle turn;

base registration fee means the fee specified in section 9(2);

behaviour change program means—

(a)a first-stage behaviour change program; or

(b)a second-stage behaviour change program;

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bicycle has the same meaning as in the Road Rules;

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body corporate includes the Crown in any capacity and any body or entity that is not an individual;

breath analysing instrument means—

(a)the apparatus known as the Alcotest 7110 to which a plate is attached on which there is written, inscribed or impressed the numbers "3530791" whether with or without other expressions or abbreviations of expressions, commas, full stops, hyphens or other punctuation marks and whether or not all or any of the numbers are boxed in; or

(ab)the apparatus known as the Alcotest 9510 AUS to which a plate is attached on which there is written, inscribed or impressed the numbers "8320869" whether with or without other expressions or abbreviations of expressions, commas, full stops, hyphens or other punctuation marks and whether or not all or any of the numbers are boxed in; or

(b)apparatus of a type approved for the purposes of section 55 by the Minister by notice published in the Government Gazette or for the purposes of any corresponding previous enactment by the Governor in Council by notice published in the Government Gazette for ascertainment by analysis of a person's breath what concentration of alcohol is present in his or her breath;

busmeans a motor vehicle which (together with any trailer attached to it) seats more than 12 adults (including the driver);

bus company has the same meaning as in the Transport (Compliance and Miscellaneous) Act 1983;

business day means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993;

certificate of completion means a certificate issued by an approved provider of a behaviour change program under section 58R certifying that a person has completed the program;

chassis number, in relation to a motor vehicle, means the identification number (not being a vehicle identification number) permanently marked on the chassis or other part of the vehicle—

(a)by the vehicle manufacturer at the time of manufacture; or

(b)as specified by the Secretary in accordance with the regulations; or

(c)in accordance with the law of another State or a Territory of the Commonwealth that corresponds with the regulations;

Chief Commissioner of Police has the same meaning as Chief Commissioner has in the Victoria Police Act 2013;

Chief Executive Officer of the Victorian Institute of Forensic Medicine means the Chief Executive Officer within the meaning of the Victorian Institute of Forensic Medicine Act 2024;

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combination means a group of vehicles consisting of a motor vehicle connected to one or more other vehicles;

commercial driving instructor means a person who, for financial gain or in the course of any trade or business, is teaching a person, who is driving a motor vehicle of a kind described in section 33(3), for which that person does not hold an appropriate driver licence, to drive that motor vehicle on a highway;

commercial motor vehicle means—

(a)a commercial passenger vehicle; or

(b)a tow truck within the meaning of the Accident Towing Services Act 2007;

commercial passenger vehicle has the same meaning as in the Commercial Passenger Vehicle Industry Act 2017;

consignee, in relation to goods transported or to be transported by a heavy vehicle or a fatigue regulated heavy vehicle—

(a)means the person who—

(i)with that person's authority, is named or otherwise identified as the intended consignee of the goods in the transport documentation for the consignment; or

(ii)actually receives the goods after the goods are transported by road; but

(b)does not include a person who merely unloads or unpacks the goods;

consignorof goods is a person who—

(a)with the person's authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road; or

(b)engages an operator of a vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or

(c)has possession of, or control over, the goods immediately before the goods are transported by road; or

(d)loads a vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is usually unattended (except by a driver of the vehicle, a trainee driver or any person necessary for the normal operation of the vehicle) during loading; or

(e)if the goods are imported into Australia, imports the goods;

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corresponding Authority means any body outside Victoria that has any functions in relation to roads, vehicles or transport that correspond with any of the functions of the Secretary;

corresponding interstate drink-driving offence means an offence against a law of another State or a Territory that the Minister has declared under section 25(1) to correspond to a specified Victorian drink-driving offence;

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cost recovery fee means a fee referred to in section 50AAKA;

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dentist means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the dental profession (other than as a student); and

(b)in the dentists division of that profession;

Department means the Department of Transport and Planning;

designated place has the same meaning as in the Victoria Police Act 2013;

digital driver licence document means a driver licence document in digital format that is capable of being displayed on an electronic device through a software application approved by the Secretary under section 23AA;

digital learner permit document means a learner permit document in digital format that is capable of being displayed on an electronic device through a software application approved by the Secretary under section 23AA;

digital licence or permit document means—

(a)a digital driver licence document; or

(b)a digital learner permit document; or

(c)a licence document or permit document in digital format issued in—

(i)another State or a Territory, authorising the holder of the licence or permit to drive a motor vehicle on a highway; or

(ii)another country, authorising the holder of the licence or permit to drive a motor vehicle;

Director, Fines Victoria has the same meaning as Director has in section 3 of the Fines Reform Act 2014;

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display, in relation to a digital licence or permit document, has the meaning given in section 3AF;

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

drink-driving infringement means an offence under section 49(1)(b), (f) or (g), other than a supervising driver offence, in circumstances where[1]—

(a)the concentration of alcohol—

(i)in the blood of the person is less than 0×15 grams per 100 millilitres of blood; or

(ii)in the breath of the person is less than 0×15 grams per 210 litres of exhaled air—

as the case requires; and

(b)the offence is a first offence having regard to the provisions of section 48(2) or would, because of section 50AA, be treated as a first offence for the purposes of section 50(1A);

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driveincludes to be in control of a vehicle;

driverof a vehicle includes—

(a)a two-up driver of the vehicle who is present in or near the vehicle; and

(b)a person who is driving the vehicle as a driver under instruction or under an appropriate learner permit;

driver base, in relation to a heavy vehicle or a fatigue regulated heavy vehicle, means—

(a)in the case of a vehicle that is not part of a group of vehicles—

(i)the place recorded for the time being as the driver base in the log book or work diary kept by the driver of the vehicle; or

(ii)if no place is recorded as specified in subparagraph (i)—the garage address of the vehicle, as recorded—

(A)by the Secretary; or

(B)if the vehicle is registered in another State or Territory, by the registration authority of that State or Territory; or

(iii)if no place is recorded as specified in subparagraph (i) or (ii)—the place from which the driver normally works and receives instructions; or

(b)in the case of a group of vehicles—

(i)the place recorded for the time being as the driver base in the log book or work diary kept by the driver of the group; or

(ii)if no place is recorded as specified in subparagraph (i)—the garage address of each vehicle in the group, as recorded—

(A)by the Secretary; or

(B)if a vehicle is registered in another State or Territory, by the registration authority of that State or Territory; or

(iii)if no place is recorded as specified in subparagraph (i) or (ii)—the place from which the driver normally works and receives instructions;

driver licence means a licence granted under Part 3;

drug means a substance that is a drug for the purposes of this Act by virtue of a declaration under subsection (3) or any other substance (other than alcohol) which, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;

drug-driving infringement means an offence under section 49(1)(bb), (h) or (i), other than a supervising driver offence, in circumstances where the offence is a first offence having regard to the provisions of section 48(2) or would, because of section 50AA, be treated as a first offence for the purposes of subsection (1E) or (1F) of section 50;

dynamic driving task means all of the real-time operational and tactical functions (other than the selection of final and intermediate destinations) required to operate a vehicle in on-road traffic including (but not limited to)—

(a)turning, lane keeping and lane changing and providing the appropriate signal for any such manoeuvre; and

(b)accelerating and decelerating; and

(c)monitoring the driving environment and responding to whatever objects or events are detected; and

(d)manoeuvre planning;

electric scooter has the same meaning as in the Road Rules;

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engine identification number, in relation to a motor vehicle, means the individual number clearly stamped, embossed or otherwise permanently marked on the engine block or main component of the engine;

equipment, in relation to a vehicle or combination, includes tools, devices and accessories in or on the vehicle or combination;

excessive speed infringement means an offence of a kind referred to in section 28(1)(a);

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film friendly principles has the same meaning as in the Filming Approval Act 2014;

film permit has the same meaning as in the Filming Approval Act 2014;

first-stage behaviour change program means a behaviour change program approved by the Secretary under section 58I(1);

freight container means—

(a)a re-usable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711.1:2000, Freight containers—Classification, dimensions and ratings, that is designed for repeated use for the transport of goods by one or more modes of transport; or

(b)a re-usable container of the same or a similar design and construction to a container referred to in paragraph (a) though of different dimensions; or

(c)a container of a kind specified by the regulations for the purposes of this definition—

but does not include anything declared by the regulations to be excluded from this definition;

full driver licence means a driver licence other than a probationary driver licence;

garage address, of a vehicle, means—

(a)in the case of a heavy vehicle that is normally kept at a depot or base of operations when not in use, the principal depot or base of operations of the vehicle; or

(b)in the case of a heavy vehicle that is normally kept on a highway when not in use—

(i)if the vehicle has only one registered operator, the home address of the registered operator; or

(ii)if the vehicle has more than one registered operator, the home address of the registered operator whose home address is nearest to the highway where it is kept; or

(c)in any other case, the place nominated by the applicant for registration as the place where the vehicle is normally kept;

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GCM (gross combination mass) of a motor vehicle means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may lawfully be towed by it at one time—

(a)as specified by the motor vehicle's manufacturer; or

(b)as specified by the Secretary if—

(i)the manufacturer has not specified the sum of the maximum loaded mass; or

(ii)the manufacturer cannot be identified; or

(iii)the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;

goodsincludes animals (whether dead or alive) and containers (whether empty or not), but does not include people or fuel, water, lubricants, tools and other equipment or accessories that are necessary for the normal operation of the vehicle in which they are carried and that are not carried as cargo;

GVM (gross vehicle mass) of a vehicle means the maximum loaded mass of the vehicle—

(a)as specified by the vehicle's manufacturer; or

(b)as specified by the Secretary if—

(i)the manufacturer has not specified a maximum loaded mass; or

(ii)the manufacturer cannot be identified; or

(iii)the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;

Head, Transport for Victoria has the same meaning as it has in section 3 of the Transport Integration Act 2010;

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heavy vehicle has the same meaning as in the Heavy Vehicle National Law (Victoria);

highway means road or road related area;

hire-purchase agreement means hire-purchase agreement within the meaning of the Australian Consumer Law and Fair Trading Act 2012;

home address of a person means—

(a)in the case of an individual—the person's residential address or place of abode in Australia; or

(b)in the case of a body corporate that has a registered office in Australia—the address of the registered office; or

(c)in any other case—the address of the person's principal or only place of business in Australia;

identification plate, in relation to a motor vehicle, has the same meaning as in the Motor Vehicle Standards Act 1989 of the Commonwealth;

infringement means a parking infringement or a traffic infringement;

infringement notice has the same meaning as in the Infringements Act 2006;

inspector means an authorised officer or a police officer;

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interstate alcohol interlock requirement means a condition or requirement imposed on an interstate licence or permit holder that corresponds with an alcohol interlock condition;

interstate learner permit means a permit or authority to learn to drive a motor vehicle issued under an Act of another State or Territory of the Commonwealth which corresponds with this Act;

interstate licence or permit holder means a person who holds a current licence or permit authorising the person to drive a motor vehicle issued in another State or a Territory;

journey documentation means any documentation (other than transport documentation) directly or indirectly associated with—

(a)the actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or

(b)goods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport—

whether or not the documentation has been transmitted physically, electronically or in any other manner and whether or not the documentation relates to a particular journey or to journeys generally;

Example

The following are examples of journey documentation—

(a)documents kept or used or obtained by a responsible person in connection with the transport of goods or passengers;

(b)workshop, maintenance and repair records relating to a vehicle used, or claimed to be used, for the transport of goods or passengers;

(c)a subcontractor's payment advice relating to goods or passengers or the transport of goods or passengers;

(d)documents kept or used or obtained by the driver of the vehicle used, or claimed to be used, for the transport of goods or passengers, such as a driver's run sheet, a log book entry, a work diary, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records;

(e)information reported through the use of an intelligent transport system;

(f)driver manuals and instruction sheets;

(g)advice in any form from check weighing carried out before, during or after a journey.

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learner permit means a permit granted under Part 3;

legal entitlements of a vehicle means the details of the authority, conferred by or under a relevant law or scheme, that entitles it to be operated for the transport of goods or passengers by road, and includes any entitlements arising under or affected—

(a)by a permit, authorisation, approval, exemption, notice or anything else given or issued under that law or scheme; or

(b)by restrictions, or by the application of restrictions, under a relevant law or scheme or other laws;

Example

Examples of restrictions in paragraph (b) include sign-posted mass limits for bridges and hazardous weather condition permits.

licence eligibility order means an order made by the Magistrates' Court under section 31H declaring that a person is eligible to apply to the Secretary for the grant of a driver licence or learner permit;

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load, in relation to a vehicle, means—

(a)all the goods, passengers and drivers in or on the vehicle; and

(b)all fuel, water, lubricants and readily removable tools and equipment carried in or on the vehicle and required for its normal operation; and

(c)anything that is used to enable goods or passengers to be carried in or on the vehicle and that is not part of the vehicle; and

(d)personal items used by a driver of the vehicle; and

(e)anything that is normally removed from the vehicle when not in use—

and includes a part of a load;

loader means—

(a)a person who loads a vehicle or combination with goods for transport by road; or

(b)a person who loads a vehicle or combination with a freight container (whether or not containing goods) for transport by road; or

(c)without limiting paragraph (a) or (b), a person who loads a freight container already in or on a vehicle or combination with goods for transport by road; or

(d)a person who supervises an activity mentioned in paragraph (a), (b) or (c); or

(e)a person who manages or controls an activity mentioned in paragraph (a), (b), (c) or (d);

manufacturer's build plate, in relation to a motor vehicle, means a plate which describes the build specification of the vehicle and which was placed on the vehicle by the manufacturer at the time of its manufacture;

mass, dimension or load restraint limit or requirement is any of the following as defined in Division 2 of Part 10: a mass limit, a width limit, a length limit, a height limit or a load restraint requirement;

mass limit has the meaning set out in section 153;

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member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013;

miniaturised motor cycle means a motor vehicle with 2 axle groups and an internal combustion engine or electric motors that are capable of giving the vehicle a top speed in excess of 25 kilometres per hour and that—

(a)has not been certified through the Commonwealth Road Vehicle Certification System; and

(b)has not been conditionally registered by the Secretary; and

(c)is not excluded from the definition of motor vehicle;

motor cycle means a two-wheeled motor vehicle and includes a motor cycle with a trailer, forecar or sidecar attached;

motor trike means a 3-wheeled motor vehicle but does not include—

(a)a motor cycle with a sidecar attached; or

(b)a motor vehicle with 3 wheels that has a body type similar to that commonly found on a motor vehicle with 4 wheels;

motor vehicle means a vehicle that is used or intended to be used on a highway and that is built to be propelled by a motor that forms part of the vehicle but does not include—

(a)a vehicle intended to be used on a railway or tramway; or

(b)a motorised wheel-chair capable of a speed of not more than 10 kilometres per hour which is used solely for the conveyance of a person with an injury or disability; or

(c)a vehicle that is not a motor vehicle byvirtue of a declaration under subsection (2)(b);

municipal council has the same meaning as Council has in the Local Government Act 2020;

municipal district has the same meaning as in the Local Government Act 2020;

nightmeans the period between sunset on one day and sunrise on the next day;

no-truck zone means a road or a road related area that is specified in a declaration made under section 65BE;

no‑truck zone camera means a system consisting of a camera and associated equipment that is used or intended to be used for the purposes of detecting the commission of offences against section 65BA(1);

non‑standard number plate means a number plate that is one or more of the following—

(a)a number plate that bears a registration number that is the subject of registration number rights;

(b)a number plate that, at the time of issue, is not of the design, size, colour or material of number plates then generally issued on payment of the basic fee prescribed for the issue of number plates;

(c)a number plate or class of number plate that is determined by the Secretary, in accordance with subsections (8) and (9), to be a non‑standard number plate or a class of non‑standard number plate;

non-Victorian road or transport law means a law of an Australian jurisdiction other than Victoria—

(a)that regulates, in that jurisdiction, the same conduct that a road or transport law regulates in Victoria; or

(b)that is specified as a law for the purposes of this definition by the regulations;

operator means—

(a)in the case of a vehicle (including a vehicle in a group of vehicles that are physically connected)—the person responsible for controlling or directing the operations of the vehicle; or

(b)in the case of a group of vehicles that are physically connected—the person responsible for controlling or directing the operations of the towing vehicle in the group; but

does not include a person merely because the person owns a vehicle or does any or all of the following—

(c)drives a vehicle;

(d)maintains or arranges for the maintenance of a vehicle;

(e)arranges for the registration of a vehicle;

owner, in relation to a motor vehicle or trailer, includes a part owner and also—

(a)includes a person who has the possession and use of it under or subject to a hire-purchase agreement or a bill of sale or like instrument or under or subject to a written hiring agreement (not being a hire-purchase agreement) which requires that person to register the motor vehicle or trailer in that person's name; but

(b)does not include a person in whom the property in the motor vehicle or trailer or any absolute or conditional right or licence to take possession of the motor vehicle or trailer is vested under or subject to a hire-purchase agreement or a bill of sale or like instrument or written hiring agreement which requires another person to register the motor vehicle or trailer in the name of that other person but who has not for the time being the possession and use of the motor vehicle or trailer;

packageof goods means the complete product of the packing of the goods for transport by road, consisting of the goods and their packaging;

packagingof goods means the container (including a freight container) in which the goods are received or held for transport by road, and includes anything that enables the container to receive or hold the goods or to be closed;

packer has the meaning set out in section 172;

park and ride facility means land or premises—

(a)vested in or under the control of a rail or bus operator; and

(b)to which specified provisions of this Act and the regulations relating to the regulation or control of the parking of a vehicle, or the leaving standing of a vehicle, apply under an Order under section 98 (whether or not other provisions of this Act or the regulations also apply under that Order);

parking infringement means the parking of a vehicle, or leaving it standing, whether attended or not, in contravention of—

(aa)section 90E; or

(a)the regulations or rules; or

(b)a local law made by a municipal council; or

(c)any other Act, rule, regulation or by‑law;

Parliamentary reserve has the same meaning as it has in the Parliamentary Precincts Act 2001;

passenger, in relation to a vehicle, does not include the driver of the vehicle, a two-up driver of the vehicle or any person necessary for the normal operation of the vehicle;

passenger transport company has the same meaning as in the Transport (Compliance and Miscellaneous) Act 1983;

pedestrian has the same meaning as in the Road Rules;

permissible non-prescription drug means—

(a)a Schedule 2 poison within the meaningof the Drugs, Poisons and Controlled Substances Act 1981 that is listed in Appendix K of Part 5 of the Commonwealth standard within the meaning of that Act; or

(b)a Schedule 3 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981;

*                *                *                *                *

pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);

physical licence or permit document means—

(a)a driver licence document in physical format; or

(b)a learner permit document in physical format; or

(c)a licence or permit document in physical format issued in—

(i)another State or a Territory, authorising the holder of the licence or permit to drive a motor vehicle on a highway; or

(ii)another country, authorising the holder of the licence or permit to drive a motor vehicle;

police custody officer has the same meaning as in the Victoria Police Act 2013;

police officer has the same meaning as in the Victoria Police Act 2013;

power to mass ratio of a motor vehicle means the ratio between the power output of the motor vehicle's engine and the tare mass of the motor vehicle as at the time of its manufacture, where the power output is expressed in kilowatts and the tare mass is expressed in tonnes;

*                *                *                *                *

premisesincludes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place;

prescribed alcohol interlock usage data requirements means requirements specified by regulations made under item 57AA of Schedule 2;

prescribed concentration of alcohol means—

(a)in the case of a person to whom section 52 applies, the concentration of alcohol specified in that section; and

(b)in the case of any other person—

(i)a concentration of alcohol present in the blood of that person of 0×05 grams per 100 millilitres of blood; or

(ii)a concentration of alcohol present in the breath of that person of 0×05 grams per 210 litres of exhaled air;

prescribed concentration of drugs means, in thecase of a prescribed illicit drug, any concentration of the drug present in the blood or oral fluid of that person;

prescribed illicit drug means—

(a)methylamphetamine; or

(ab)3, 4-Methylenedioxy-N-Methylamphetamine (MDMA); or

(b)delta-9-tetrahydrocannabinol;

prescribed no‑truck zone camera means a type or class of no‑truck zone camera that is prescribed by regulations for the purposes of this Act;

prescribed road safety camera means a type or class of road safety camera that is prescribed by regulations for the purposes of this Act;

prescribed speed detector means a type or class of speed detector that is prescribed by regulations for the purposes of this Act;

prescription drug, in relation to a person, means a Schedule 4 poison or Schedule 8 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 which that person is authorised or licensed by or under that Act to have in his or her possession;

presiding officer has the same meaning as it has in the Constitution Act 1975;

prime mover means a motor vehicle which is constructed, designed or adapted for connecting to a semi-trailer;

*                *                *                *                *

probationary driver licence means a licence referred to in section 21 during the period of probation of that licence;

prosecution officer means—

(a)a person who is appointed by the Chief Commissioner of Police for the purposes of Part 7; or

*                *                *                *                *

(c)a person who is referred to in paragraph (c), (dc) or (e) of section 77(2);

protective services officer has the same meaning as in the Victoria Police Act 2013;

*                *                *                *                *

rail or bus operator means a bus company, a passenger transport company or Rail Track;

Rail Track means Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010;

reasonable steps defence has the meaning set out in section 179;

register of written-off vehicles means the register of written-off vehicles required by section 16D;

registered industry code of practice means an industry code of practice for which registration is in force under section 93B;

*                *                *                *                *

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

registered operator of a vehicle means the person recorded on the register as the person responsible for the vehicle;

registration number means a combination of one or more letters or numbers (or both) determined by the Secretary;

registration number rights means the rights set out in section 5AD;

Regulator has the same meaning as in the Heavy Vehicle National Law (Victoria);

relevant law or scheme means—

(a)a road or transport law; or

(b)a non-Victorian road or transport law; or

(c)an approved road transport compliance scheme;

responsible person means any person having, at a relevant time, a role or responsibilities associated with road transport, and includes any of the following—

Road Safety and Sentencing Acts Amendment Act 2012, No. 45/2012

Assent Date:	17.8.12
Commencement Date:	Ss 3–5 on 17.8.12: s. 2(1)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Road Safety Amendment Act 2012, No. 50/2012

Assent Date:	4.9.12
Commencement Date:	Ss 6–27, 29 on 1.10.12: Special Gazette (No. 324) 26.9.12 p. 2; ss 3, 4, 28 on 1.11.12: Special Gazette (No. 324) 26.9.12 p. 2; s. 5 on 20.2.13: Special Gazette (No. 54) 19.2.13 p. 1
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Evidence Amendment (Journalist Privilege) Act 2012, No. 52/2012

Assent Date:	18.9.12
Commencement Date:	Ss 23, 24 on 1.1.13: s. 2(2)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Road Safety Amendment (Operator Onus) Act 2012, No. 75/2012 (as amended by No. 35/2014)

Assent Date:	4.12.12
Commencement Date:	Ss 3–12 on 1.7.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

State Taxation and Other Acts Amendment Act 2012, No. 76/2012

Assent Date:	4.12.12
Commencement Date:	Ss 19, 20 on 30.3.13: s. 2(3)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Justice Legislation Amendment (Family Violence and Other Matters) Act 2012, No. 83/2012

Assent Date:	18.12.12
Commencement Date:	S. 33(4) on 20.12.12: Special Gazette (No. 444) 19.12.12 p. 1
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Heavy Vehicle National Law Application Act 2013, No. 30/2013

Assent Date:	4.6.13
Commencement Date:	S. 60(Sch. item 8) on 10.2.14: Special Gazette (No. 28) 4.2.14 p. 1
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, No. 43/2013

Assent Date:	28.6.13
Commencement Date:	S. 53 on 1.7.13: s. 2(2)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013, No. 55/2013

Assent Date:	24.9.13
Commencement Date:	Ss 3–9, 17–19 on 1.1.14: s. 2(3)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Road Safety and Sentencing Acts Amendment Act 2013, No. 56/2013

Assent Date:	24.9.13
Commencement Date:	Ss 19(1), 20–22 on 25.9.13: s. 2(1); ss 3–18, 19(2), 23–28, 36 on 30.9.13: s. 2(2)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:	12.11.13
Commencement Date:	S. 649(Sch. 9 item 31) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 4(Sch. 2 item 44) on 1.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Road Legislation Amendment Act 2013, No. 74/2013 (as amended by No. 20/2015 s. 41)

Assent Date:	3.12.13
Commencement Date:	S. 33 on 4.12.13: s. 2(1); s. 14 on 17.12.13: Special Gazette (No. 449) 17.12.13 p. 1; s. 34 on 10.2.14: Special Gazette (No. 28) 4.2.14 p. 1; ss 10, 12, 18(1)(2), 19 on 1.11.14: Special Gazette (No. 400) 29.10.14 p. 3; s. 13 on 1.3.15: Special Gazette (No. 400) 29.10.14 p. 3; ss 3–7A, 11, 15–17, 18(3)(4) on 1.7.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 147) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014, No. 40/2014

Assent Date:	17.6.14
Commencement Date:	S. 38 on 1.7.14: s. 2(3)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Fines Reform Act 2014, No. 47/2014 (as amended by Nos 29/2016, 59/2017)

Assent Date:	1.7.14
Commencement Date:	Ss 286–304 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Road Safety Amendment Act 2014, No. 49/2014

Assent Date:	1.7.14
Commencement Date:	S. 62 on 2.7.14: s. 2(1); ss 33, 34, 44–46 on 1.10.14: s. 2(2); ss 15–32, 35–37, 47, 60 on 1.10.14: s. 2(6); ss 4–14, 38–43 on 1.8.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Filming Approval Act 2014, No. 51/2014

Assent Date:	12.8.14
Commencement Date:	S. 9(Sch. 2 item 16) on 1.3.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Road Safety Amendment (Private Car Parks) Act 2015, No. 34/2015

Assent Date:	25.08.2015
Commencement Date:	S. 3 on 26.8.15: s. 2
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Road Safety Amendment Act 2015, No. 40/2015

Assent Date:	8.9.15
Commencement Date:	Ss 10, 11, 12 on day after assent: s. 2(1); ss 3-9 on 30.10.15:s. 2(2)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Heavy Vehicle Legislation Amendment Act 2015, No. 45/2015

Assent Date:	22.9.15
Commencement Date:	Ss 5–7 on 23.9.15: s. 2
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Justice Legislation Amendment (Police Custody Officers) Act 2015, No. 59/2015

Assent Date:	18.11.15
Commencement Date:	Ss 28, 29 on 19.11.15: s. 2
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Justice Legislation Further Amendment Act 2016 No. 3/2016

Assent Date:	16.2.16
Commencement Date:	Ss 98, 99 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Road Legislation Amendment Act 2016, No. 5/2016

Assent Date:	16.2.16
Commencement Date:	Ss 27, 38 on 17.2.16: s. 2(1); ss 3–5, 16–26, 28–37, Schs 1, 2 on 15.4.16: Special Gazette (No. 92) 12.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Medical Treatment Planning and Decisions Act 2016, No. 69/2016

Assent Date:	29.11.16
Commencement Date:	S. 159 on 12.3.18: s. 2(2)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Road Legislation Further Amendment Act 2016, No. 70/2016 (as amended by No. 68/2017)

Assent Date:	29.11.16
Commencement Date:	Ss 23–31, 35–41 on 1.1.17: Special Gazette (No. 389) 20.12.16 p. 1; ss 6–22, 32–34 on 31.1.18: s. 2(4)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017

Assent Date:	14.2.17
Commencement Date:	S. 50(Sch. 1 item 9) on 12.4.17: Special Gazette (No. 117) 12.4.17 p. 1
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Commercial Passenger Vehicle Industry Act 2017, No. 35/2017

Assent Date:	22.8.17
Commencement Date:	S. 74 on 23.8.17: s. 2(1)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Ports and Marine Legislation Amendment Act 2017, No. 55/2017

Assent Date:	8.11.17
Commencement Date:	S. 52 on 30.6.18: s. 2(3)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Fines Reform Amendment Act 2017, No. 59/2017

Assent Date:	5.12.17
Commencement Date:	S. 126 on 21.12.17: Special Gazette (No. 443) 19.12.17 p. 1
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017, No. 63/2017

Assent Date:	19.12.17
Commencement Date:	S. 21(Sch. 1 item 8) on 2.7.18: Special Gazette (No. 248) 29.5.18 p. 1
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017, No. 65/2017

Assent Date:	19.12.17
Commencement Date:	Ss 23, 24(2) on 31.10.18: s. 2(2)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017, No. 68/2017

Assent Date:	19.12.17
Commencement Date:	S. 84 on 19.12.17: s. 2(1); ss 77–83, 85 on 20.12.17: s. 2(2); s. 76 on 1.1.18: Special Gazette (No. 443) 19.12.17 p. 2; ss 4, 5, 7–30, 42, 43, 66–68, 72, 74, 75 on 30.4.18: Special Gazette (No. 136) 27.3.18 p. 3; ss 31–39 on 29.10.18: Special Gazette (No. 480) 16.10.18 p. 2; ss 40, 41, 44–52 on 1.11.18: s. 2(4); ss 53–65, 69–71, 73 on 29.10.19: Special Gazette (No. 424) 22.10.19 p. 1; s. 6 on 1.12.19: Special Gazette (No. 424) 22.10.19 p. 1
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 109) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Road Safety Amendment (Automated Vehicles) Act 2018, No. 8/2018

Assent Date:	27.2.18
Commencement Date:	Ss 3–13 on 28.2.18: s. 2
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date:	28.8.18
Commencement Date:	S. 53 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019

Assent Date:	13.3.19
Commencement Date:	Ss 90–92 on 14.3.19: s. 2(1)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019

Assent Date:	26.3.19
Commencement Date:	Ss 32–34, 41 on 27.3.19: s. 2(1); s. 11 on 3.11.19: Special Gazette (No. 434) 29.10.19 p. 1; ss 6–10, 12−28 on 1.12.19: s. 2(3)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019

Assent Date:	26.3.19
Commencement Date:	Ss 147–151 on 19.2.20: s. 2(3)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 43) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Transport Legislation Amendment Act 2019, No. 49/2019 (as amended by No. 41/2020)

Assent Date:	3.12.19
Commencement Date:	Ss 98−114, 117−119, 188−193 on 4.12.19: s. 2(1); ss 115, 116(Sch. 1 items 1(a)−(d)(f)−(q), 2−158, 160−225), 120−126 on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1; s. 116(Sch. 1 items 1(e), 159) on 30.6.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Road Safety and Other Legislation Amendment Act 2020, No. 6/2020

Assent Date:	17.3.20
Commencement Date:	Ss 3−9 on 12.11.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 88) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

North East Link Act 2020, No. 18/2020

Assent Date:	10.6.20
Commencement Date:	Ss 154, 155 on 1.3.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Transport Legislation Amendment Act 2020, No. 41/2020

Assent Date:	1.12.20
Commencement Date:	Ss 24–31, 35–37 on 2.12.20: s. 2(1); ss 32(1)(3)(4), 33, 34, 38–42, 45, 49 on 1.4.21: Special Gazette (No. 152) 30.3.21 p. 1; ss 43, 44, 46–48 on 25.8.21: Special Gazette (No. 460) 24.8.21 p. 1; s. 32(2) on 31.8.21: Special Gazette (No. 473) 31.8.21 p. 1; ss 14–23 on 27.10.21: s. 2(3)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Zero and Low Emission Vehicle Distance-based Charge Act 2021, No. 18/2021

Assent Date:	1.6.21
Commencement Date:	S. 79 on 1.7.21: s. 2
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Transport Legislation Miscellaneous Amendments Act 2021, No. 30/2021

Assent Date:	10.8.21
Commencement Date:	Ss 32, 38, 39, 62, 63, 67, 69 on 11.8.21: s. 2(1); ss 31, 33–37, 40–61, 64–66, 68 on 1.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date:	15.2.22
Commencement Date:	S. 106 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022, No. 17/2022

Assent Date:	18.5.22
Commencement Date:	S. 78 on 19.5.22: s. 2(1); ss 79, 80 on 8.3.24: s. 2(3)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Road Safety Legislation Amendment Act 2022, No. 18/2022

Assent Date:	24.5.22
Commencement Date:	Ss 18, 19 on 6.7.22: Special Gazette (No. 346) 5.7.22 p. 1; ss 6–17 on 5.10.22: Special Gazette (No. 524) 4.10.22 p. 1; ss 3–5 on 1.3.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Transport Legislation Amendment Act 2023, No. 34/2023

Assent Date:	21.11.23
Commencement Date:	Ss 38−41, 44(1), 45(1)(2), 46, 51, 52, 56, 58, 127(Sch. 1 item 13) on 22.11.23: s. 2(1); ss 37, 47, 49, 55 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1; ss 42, 43, 44(2), 45(3), 48, 50, 53, 54, 57 on 17.10.24: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Road Safety Act 1986

Justice Legislation Amendment (Police and Other Matters) Act 2024, No. 2/2024

Assent Date:	20.2.24
Commencement Date:	S. 15 on 13.11.24: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Road Safety Act 1986

Statute Law Revision Act 2024, No. 13/2024

Assent Date:	23.4.24
Commencement Date:	S. 3(Sch. 1 item 11) on 24.4.24: s. 2
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Victorian Institute of Forensic Medicine Act 2024, No. 34/2024

Assent Date:	17.9.24
Commencement Date:	S. 60 on 1.7.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Roads and Road Safety Legislation Amendment Act 2024, No. 46/2024

Assent Date:	19.11.24
Commencement Date:	Ss 10, 11, 13, 14(2)(3), 15–17 on 20.11.24: s. 2(1); ss 42A–42D on 1.3.25: s. 2(2A); ss 22–42 on 3.4.25: Special Gazette (No. 149) 1.4.25 p. 1; ss 3–9A on 16.6.25: Special Gazette (No. 239) 20.5.25 p. 1; ss 12, 14(1), 18–21 on 13.8.25: s. 2(3)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Statute Law Repeals Act 2025, No. 3/2025

Assent Date:	11.2.25
Commencement Date:	S. 3(Sch. 1 item 6) on 12.2.25: s. 2
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	Ss 3–8, 10–13, 15–18, 106(Sch. 1 item 39) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Road Safety Act 1986

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 3(1) def. of drink-driving infringement: Section 23(1) of the Road Safety (Amendment) Act 1994, No. 17/1994 reads as follows:

23Transitional provisions

(1)The amendment of the Principal Act made by section 4(2) applies to any traffic infringement notice issued in respect of a drink-driving infringement after the commencement of that section, irrespective of when the infringement was committed.

[2] S. 13(6)(b): The amendment proposed by section 50(Schedule 1 item 9.2) of the Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017 (repealed) is not included in this publication because the word "Infrastructure" does not appear in section 13(6)(b).

Section 50(Schedule 1 item 9.2) read as follows:

Schedule 1—Consequential amendments to other Acts

9Road Safety Act 1986

9.2In sections 13(6)(b) and 16(2)(b) after "Infrastructure" (where secondly occurring) insert "or the Head, Transport for Victoria".

[3] S. 15A: Section 63 of the Transport (Amendment) Act 1993, No. 120/1993 reads as follows:

63Transitional provisions (Part 3)

(1)The amendments of the Road Safety Act 1986 made by sections 57 and 61(1) apply to an authorisation referred to in item 9 of Schedule 2 to that Act that was in force immediately before the commencement of those sections and any such authorisation may be cancelled or suspended in accordance with that Act as amended by those sections.

(2)Any proceedings before the Road Transport Licensing Tribunal under that Road Safety Act 1986 in relation to an authorisation referred toin item 9 of Schedule 2 to that Act that had not been finally determined by the Tribunal immediately before the commencement of sections 57 and 61(1) shall be determined by the Roads Corporation in accordance with that Act as amended by those sections.

(3)If under subsection (2) the Roads Corporation determines any proceedings, any thing done or any requirement complied with in relation to the proceedings before the commencement of sections 57 and 61(1) must, so far as consistent with the provisions of the Road Safety Act 1986 as amended by those sections and the regulations made under that Act, be taken to have been done or complied with for the purposes of the determination by the Roads Corporation and the Roads Corporation may have regard to any record of the Road Transport Licensing Tribunal in relation to the proceedings.

[4] S. 16(2)(b): The amendment proposed by section 50(Schedule 1 item 9.2) of the Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017 (repealed) is not included in this publication because the word "Infrastructure" does not appear in section 16(2)(b).

Section 50(Schedule 1 item 9.2) read as follows:

Schedule 1—Consequential amendments to other Acts

9Road Safety Act 1986

9.2In sections 13(6)(b) and 16(2)(b) after "Infrastructure" (where secondly occurring) insert "or the Head, Transport for Victoria".

[5] S. 19(7): Section 23(2) of the Road Safety (Amendment) Act 1994, No. 17/1994 reads as follows:

23Transitional provisions

(2)The amendments of the Principal Act made by sections 5 and 9 have effect only with respect to full driver licences issued after the commencement of those sections and probationary driver licences converted after that commencement into full driver licences under section 21(7) of the Principal Act.

[6] S. 33(1): The amendment proposed by section 50(Schedule 1 item 9.3(a)) of the Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017 (repealed) is not included in this publication because the words "Secretary to the Department of Transport, Planning and Local Infrastructure" do not appear in section 33(1).

Section 50(Schedule 1 item 9.3(a)) read as follows:

Schedule 1—Consequential amendments to other Acts

9Road Safety Act 1986

9.3In section 33(1)—

(a)for "Secretary to the Department of Transport, Planning and Local Infrastructure" substitute "Head, Transport for Victoria";

[7] S. 50AA: Section 23(3) of the Road Safety (Amendment) Act 1994, No. 17/1994 reads as follows:

23Transitional provisions

(3)The amendment of the Principal Act made by section 8 applies to any sentence imposed or application determined after the commencement of that section, irrespective of when the offence was committed.

[8] S. 52(5)–(7):

S. 52(5) amended by No. 78/1987 s. 9(2), repealed by No. 5/1990 s. 9(b).

S. 52(6) amended by Nos 78/1987 s. 9(2), 57/1989 s. 3(Sch. item 173.12), repealed by No. 5/1990 s. 9(b).

S. 52(7) repealed by No. 5/1990 s. 9(b).

[9] S. 53(2): The amendment proposed by section 50(Schedule 1 item 9.6) of the Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017 (repealed) is not included in this publication because the word "Insfrastructure" does not appear in section 53(2).

Section 50(Schedule 1 item 9.6) read as follows:

Schedule 1—Consequential amendments to other Acts

9Road Safety Act 1986

9.6In section 53(2) after "Infrastructure" (where secondly occurring) insert "or the Head, Transport for Victoria".

[10] S. 55(1): The amendment proposed by section 50(Schedule 1 item 9.7) of the Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017 (repealed) is not included in this publication because the word "Insfrastructure" does not appear in section 55(1).

Section 50(Schedule 1 item 9.7) read as follows:

Schedule 1—Consequential amendments to other Acts

9Road Safety Act 1986

9.7In section 55(1) after "Infrastructure"

(where last occurring) insert "or the Head, Transport for Victoria".

[11] S. 74(2): The amendment proposed by section 50(Schedule 1 item 9.12) of the Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017 (repealed) is not included in this publication because the word "Insfrastructure" does not appear in section 74(2).

Section 50(Schedule 1 item 9.12) read as follows:

Schedule 1—Consequential amendments to other Acts

9Road Safety Act 1986

9.12In section 74(2) after "Infrastructure" (where thirdly occurring) insert "or the Head, Transport for Victoria".

[12] S. 77(2)(c): The amendment proposed by section 50(Schedule 1 item 9.13) of the Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017 (repealed) is not included in this publication because the word "Insfrastructure" does not appear in section 77(2)(c).

Section 50(Schedule 1 item 9.13) read as follows:

Schedule 1—Consequential amendments to other Acts

9Road Safety Act 1986

9.13In section 77(2)(c) after "Infrastructure" (where secondly occurring) insert "or the Head, Transport for Victoria".

[13] S. 84J(g): The amendment proposed by section 41 of the Road Safety Amendment Act 2014, No. 49/2014 (repealed) is not included in this publication because the words "member of the police force" do not appear in section 84J(g).

Section 41 read as follows:

41Powers of persons authorised by Victoria Police

In section 84J(g) of the Principal Act, omit "at a time directed by a member of the police force".

[14] S. 89A(2): Section 21 of the Road Safety (Drivers) Act 1991, No. 19/1991 reads as follows:

21Transitional

The amendment made to the Principal Act by section 15(4) of the Road Safety (Amendment) Act 1990 applies only with respect to infringement notices issued on or after 8 May 1990.

[15] S. 92(3)(ca) (repealed): The amendment proposed by section 74 (repealed) of the Rail Safety National Law Application Act 2013, No. 22/2013 is not included in this publication due to the earlier repeal of section 92 by section 8 of the Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013, No. 55/2013 (repealed).

Section 74 read as follows:

74Disclosure of information

For section 92(3)(ca) of the Road Safety Act 1986 substitute—

"(ca)to or by a public transport regulator for the purposes of performing a function or exercising a power of the public transport regulator under the Transport Integration Act 2010, the Transport (Compliance and Miscellaneous) Act 1983, the Bus Services Act 1995, the Rail Safety (Local Operations) Act 2006, the Bus Safety Act 2009 or the regulations made under any of those Acts; or

(cab)the Rail Safety National Regulator for the purposes of performing a function or exercising a power under the Rail Safety National Law (Victoria); or".

[16] Sch. 2 item 9: See note 3.

[17] Table of Amendments (Transport Integration Act 2010): The amendment proposed by section 203(1)(Schedule 6 item 42.6) (repealed) of the Transport Integration Act 2010, No. 6/2010 is not included in this publication because the section 191BA that it sought to amend was not part of this Act on the commencement of section 203(1)(Schedule 6 item 42.6).

Section 203(1)(Schedule 6 item 42.6) read as follows:

Schedule 6—Consequential Amendments to other Acts

42Road Safety Act 1986

42.6In section 191BA for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983".