Road Safety (Amendment) Act 1998 (Vic)
Road Safety (Amendment) Act 1998
Act No. 57/1998
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 2 3. Principal Act 2
PART 2—ROAD SAFETY ACT AMENDMENTS 3
4. Certain definitions repealed 3 5. Certain definitions substituted 6 6. New definitions inserted 8 7. New section 3A inserted 11
3A. Application of Commonwealth Acts Interpretation Act
1901 11
8. Divisions inserted in Part 2 11 Division 1—Corporation as registration authority 11 5AA. Functions of Corporation 11 5AB. Powers of Corporation 12 Division 2—Registration 13 9. Consequential amendments 13 10. New section 6A inserted 14
6A. Corporation not to register vehicles based outside
Victoria 14
11. Unregistered motor vehicle or trailer 14 12. Names in which motor vehicle or trailer may be registered 14 13. New sections 9A and 9B inserted 15
9A. Obligations of registered operator 15 9B. Register does not provide evidence of title 15
14. New section 14 substituted 16
14. Defective vehicles 16
15. Offence if driver not licensed 16 16. New section 63A inserted 16
63A. Removal of vehicles obstructing driveways etc. 16
17. Drink-driving infringements 17
i
Section Page
18. Excessive speed infringements 18 19. Regulation-making power 19 20. New sections 95A and 95B inserted 20
95A. Application of A.C.T. charges 20 95B. Exemption of certain statutory rules from RIS 22
21. New section 96A inserted 22
96A. Application orders and emergency orders 22
22. New section 97A inserted 23 97A. Administrative fees 23 23. Review of decisions 23 24. Transitional 23 25. Statute law revision 24
PART 3—AMENDMENT OF OTHER ACTS 25
26. Cancellation or suspension of driver licence 25 27. Transitional 27
120. Transitional provisions (1998 amendments) 27
28. Consequential amendments—"registered owner" 27 29. Amendment of Transport Accident Act 1986 28 30. Repeal 29
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NOTES 30
ii
Victoria
No. 57 of 1998
Road Safety (Amendment) Act 1998†
[Assented to 13 October 1998]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The purposes of this Act are—
(a)
to amend the Road Safety Act 1986 to implement changes as part of a scheme to create uniform national road transport requirements; and
(b) to make other miscellaneous amendments.
Road Safety (Amendment) Act 1998
Act No. 57/1998 s. 2
2. Commencement
(1) This Part comes into operation on the day on which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.(3) If a provision referred to in sub-section (2) does
not come into operation before 1 February 1999, it
comes into operation on that day.
3. Principal Act
In this Act, the Road Safety Act 1986 is called
No. 127/1986. Reprint No. 4
the Principal Act.
as at 19 June 1997. Further
amended by Nos 5/1990
(as amended
by No.19/1991), 19/1991,
89/1991, 37/1996,
30/1997 and 108/1997.
_______________
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PART 2—ROAD SAFETY ACT AMENDMENTS
4. Certain definitions repealed
(1) In section 3(1) of the Principal Act—
(a) omit the definitions of "articulated truck", combination";
(b) for paragraph (b) of the definition of "large "(b) a motor vehicle (other than a bus) that
is being used as a single unit and has a
GVM greater than 15 tonnes; or
(c) a motor vehicle (other than a bus) that is being used in combination with one or more trailers and has a GCM greater than 15 tonnes ".
(2) In the Principal Act—
(a)
in section 3(1), omit the definition of "permit";
(b) section 23 is repealed;
(c)
in section 23A, for "driver licence, a learner permit or a tractor permit" substitute "driver licence or a learner permit".
(3) In the Principal Act—
(a)
in section 3(1), omit the definition of "pre- registration certificate";
(b) section 15 is repealed;
(c) in Schedule 2, in item 9—
(i) omit "a pre-registration certificate or";
(ii) for "those certificates" substitute "that certificate".
Road Safety (Amendment) Act 1998
Act No. 57/1998 s. 4 (4) In the Principal Act—
(a)
in section 3(1), omit the definitions of "public place" and "recreation vehicle";
(b) in section 1, omit paragraph (c);
(c) in section 3(2) for paragraph (a) "(a) declare any place or class of places,
whether open to vehicles or not, to be
or not to be a road or roads or a road
related area or road related areas for thepurposes of this Act; and";
(d) in section 3(2)—
(i) at the end of paragraph (d) omit "; and";
(ii) omit paragraph (e);
(e) Part 4 is repealed.
(5) In the Principal Act—
(a)
in sections 25(3), 25(3B)(a), 25(3D)(a), 51(1), 55(4), 57(3) and (4), 58(2) and 84(1) and (3) for "in the prescribed form" substitute "containing the prescribed particulars";
(b) in section 87—
(i) in sub-section (1) for "a member of the police force or an authorised officer" substitute "a person who is referred to in section 77(2)";
(ii) in sub-section (2) omit "must be in the prescribed form and";
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| s. 4 | Act No. 57/1998 |
(c) in section 88—
(i) police force or an officer of the
Corporation or of the Department of
Infrastructure (being an officer
authorised in writing by thein sub-section (1) for "A member of the Department of Infrastructure, as the case requires, in that behalf) or, if the vehicle involved is a recreation vehicle, an officer who is authorised in writing by the mayor of any municipal council in that behalf," substitute "A person who is referred to in section 77(2)(a), (c) or (d)";
(ii) in sub-section (2) omit "must be in the prescribed form and";
(iii) in sub-section (3) for "is in the the prescribed particulars";
(iv) in sub-section (6) for "A member of the police force or an authorised officer" substitute "A person referred to in section 77(2)(a), (c) or (d)";
(d)
in section 89(1) for "authorised officer" substitute "person";
(e)
in section 89A(7)(c) for "is in the prescribed form" substitute "contains the prescribed particulars";
(f)
in section 90(1) and (2) for "in the prescribed form" substitute "containing the prescribed particulars".
Road Safety (Amendment) Act 1998
Act No. 57/1998 s. 5
5. Certain definitions substituted
(1) In section 3(1) of the Principal Act, for the
definition of "axle" substitute—
' "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;'.
(2) In the Principal Act—
(a) in section 3(1), for the definition of "gross ' "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 Corporation 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;';
(b)
in section 84(2)(e), for "gross vehicle mass" substitute "GVM";
(c)
in section 103(2)(b), for "gross vehicle mass" substitute "GVM".
Road Safety (Amendment) Act 1998
| s. 5 | Act No. 57/1998 |
(3) In section 3(1) of the Principal Act, for the
definition of "highway" substitute—
' "highway" means road or road related area;'.(4) In section 3(1) of the Principal Act, for the definition of "motor vehicle" substitute— ' "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 formspart 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 an injured or disabled person; or
(c)
a vehicle that is not a motor vehicle by virtue of a declaration under sub- section (2)(b);'.
(5) In the Principal Act—
(a) in section 3(1), for the definition of ' "registered operator" of a vehicle means
the person recorded on the register as
the person responsible for the vehicle;';
(b)
in section 7(2)(b), for "registered owner" substitute "registered operator";
(c)
in section 9(3), for "registered owner" substitute "registered operator";
(d)
in section 13(3), for "registered owner" substitute "registered operator";
(e)
in section 66(5)(a), for "owner" substitute "person";
Road Safety (Amendment) Act 1998
Act No. 57/1998 s. 6
(f)
in section 85, in paragraph (a) of the definition of "owner", for "owner" substitute "person";
(g)
in item 13 of Schedule 2, after "ownership" insert ", person responsible".
(6) In section 3(1) of the Principal Act, for the
definition of "rigid" substitute—
' "rigid" means not articulated, other than in
respect of an articulated bus;'.
(7) In section 3(1) of the Principal Act, for the
definition of "trailer" substitute—
' "trailer" means a vehicle that is built to be
towed, or is towed, by a motor vehicle, but
does not include a motor vehicle that is beingtowed;'.
(8) In section 3(1) of the Principal Act, for the
definition of "truck" substitute—
' "truck" means a rigid motor vehicle that is
principally constructed as a load carrying
vehicle;'.
6. New definitions inserted
In section 3(1) of the Principal Act insert the
following definitions—' "Contracting State" means a foreign country
that is a signatory to the United Nations
Convention on Road Traffic, Geneva, 1949;
"garage address" of a vehicle means—
(a)
in relation to a heavy vehicle, the principal depot or base of operations of the vehicle;
Road Safety (Amendment) Act 1998
| s. 6 | Act No. 57/1998 |
(b) in relation to any other vehicle, the place nominated by the applicant for registration as the place where the vehicle is normally kept; "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 Corporation if—
(i) the manufacturer has not specified 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;
"heavy vehicle" means a motor vehicle or trailer that has a GVM greater than 4·5 tonnes;
"international driving permit" means a permit
issued by—
(a)
a competent authority of a Contracting State or a subdivision of such a State; or
(b)
an association duly empowered by such an authority—
in accordance with the United Nations
Convention on Road Traffic, Geneva, 1949;
Road Safety (Amendment) Act 1998
Act No. 57/1998 s. 6 "road" means—
(a) an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles; or
(b)
a place that is a road by virtue of a declaration under sub-section (2)(a)—
but does not include a place that is not a road
by virtue of a declaration under sub-section(2)(a);
"road related area" means—
(a) an area that divides a road; or
(b)
a footpath or nature strip adjacent to a road; or
(c)
an area that is open to the public and is designated for use by cyclists or animals; or
(d)
an area that is not a road and that is open to or used by the public for driving, riding or parking motor vehicles; or
(e)
a place that is a road related area by virtue of a declaration under sub- section (2)(a)—
but does not include a place that is not a road
related area by virtue of a declaration under
sub-section (2)(a);
"the register" means the register of vehicles
maintained in accordance with the
regulations;
"use" of a vehicle includes standing the vehicle on a road or road related area.'.
Road Safety (Amendment) Act 1998
| s. 7 | Act No. 57/1998 |
7. New section 3A inserted
After section 3 of the Principal Act insert—
'3A. Application of Commonwealth Acts
Interpretation Act 1901
(1) The Acts Interpretation Act 1901 of the
Commonwealth applies to the interpretation
of this Act, except that, in relation to
Victoria—
(a)
"Gazette" refers to the Victorian Government Gazette; and
(b)
"Minister" refers to the responsible Minister of Victoria.
(2) This section does not prevent the
Interpretation of Legislation Act 1984 from applying to this Act to the extent that it can do so consistently with the application of the Acts Interpretation Act 1901 of the Commonwealth.'.
8. Divisions inserted in Part 2
In Part 2 of the Principal Act, before section 5 insert—
"Division 1—Corporation as registration
authority
5AA. Functions of Corporation
The functions of the Corporation under this
Part are—
(a)
to administer the registration system established by the regulations; and
(b)
to maintain a register of motor vehicles and trailers in accordance with the regulations; and
Road Safety (Amendment) Act 1998
Act No. 57/1998 s. 8
(c) to collect registration and permit fees determined in accordance with this Act; and (d) to provide information about motor operators in accordance with this Act.
5AB. Powers of Corporation
(1) For the purpose of carrying out its functions
under this Part, the Corporation may, in
accordance with the regulations—
(a) register or refuse to register a motor vehicle or a trailer; and (b) renew or refuse to renew the registration of a motor vehicle or a trailer; and (c) transfer or refuse to transfer the registration of a motor vehicle or a trailer from one person to another; and (d) permit or refuse to permit the use of an unregistered motor vehicle or trailer; and (e) impose conditions on the registration of a motor vehicle or a trailer or on a permit to use an unregistered motor vehicle or trailer; and (f) cancel or suspend the registration of a motor vehicle or a trailer; and (g) collect registration and permit fees and
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| s. 9 | Act No. 57/1998 |
(h) specify a GCM for a motor vehicle in the circumstances envisaged in paragraph (b) of the definition of GCM in section 3(1); and (i) specify a GVM for a motor vehicle or trailer in the circumstances envisaged in paragraph (b) of the definition of
GVM in section 3(1); and
(j) require proof of compliance with the Transport Accident Act 1986 and the Stamps Act 1958; and (k) fix fees for services provided by the Corporation in connection with the registration, or the late renewal of registration, of motor vehicles or
trailers and the issue of number plates,
permits, tester's licences and certificates
of roadworthiness; and(l) exercise other powers conferred by the regulations. (2) The Corporation must cause details of fees
fixed under sub-section (1)(k) to be
published in the Government Gazette.
Division 2—Registration".
9. Consequential amendments
The Principal Act is amended as follows—
(a)
in section 9, sub-sections (2) and (3) are repealed;
(b) section 11 is repealed;
Road Safety (Amendment) Act 1998
Act No. 57/1998 s. 10
10. New section 6A inserted
After section 6 of the Principal Act insert—
"6A. Corporation not to register vehicles based
outside Victoria
The Corporation must not register a vehicle unless it is satisfied that the vehicle's garage address is in Victoria.".
11. Unregistered motor vehicle or trailer
(1) In section 7 of the Principal Act, for sub-section
(3) substitute—
"(3) A person who contravenes sub-section (1) or
(2) is guilty of an offence and liable to a
penalty not exceeding—
(a) in the case of an individual—
(i) 25 penalty units for a first offence;
(ii) 50 penalty units for a second or subsequent office;
(b) in the case of a body corporate—
(i) 125 penalty units for a first offence;
(ii) 250 penalty units for a second or subsequent offence.".
(2) In section 7 of the Principal Act, sub-sections (4), (6) and (8) are repealed.
12. Names in which motor vehicle or trailer may be registered
(1) Section 8 of the Principal Act is repealed.
(2) In Schedule 2 to the Principal Act, after item 3insert—
"3A. Names in which motor vehicles or trailers
must not be registered.".
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| s. 13 | Act No. 57/1998 |
13. New sections 9A and 9B inserted
After section 9 of the Principal Act insert—
"9A. Obligations of registered operator(1) This Act and the regulations do not affect the
obligations of a registered operator to
comply with the Transport Accident Act
1986 and the Stamps Act 1958.
(2) The registered operator of a vehicle must, in accordance with the regulations—
(a) documents issued by the Corporation
ensure that any devices, plates and vehicle; and
(b) ensure that documents prescribed by vehicle when the vehicle is in use; and
(c) when required to do so by the prescribed by the regulations; and
(d) and conditions imposed by, the
comply with any directions given by, the vehicle; and
(e) keep records required to be kept by the regulations about the registration of the vehicle. 9B. Register does not provide evidence of title The register of vehicles maintained by the Corporation does not provide evidence of title to any motor vehicle or trailer.".
Road Safety (Amendment) Act 1998
Act No. 57/1998 s. 14
14. New section 14 substituted
For section 14 of the Principal Act substitute—
"14. Defective vehicles
(1) A member of the police force or a person
referred to in section 13(6) may, in accordance with the regulations, on discovering a vehicle that does not comply
with this Act or the regulations—
(a)
issue a warning or a vehicle defect notice; or
(b)
impose conditions on the use of the vehicle; or
(c) prohibit the use of the vehicle.
(2) A vehicle defect notice may be withdrawn or
cleared in accordance with the regulations.".
15. Offence if driver not licensed
In section 18(1)(c) of the Principal Act omit ", or has an appropriate International Driving Permit".
16. New section 63A inserted
After section 63 of the Principal Act insert—
"63A. Removal of vehicles obstructing driveways
etc.
(1) A member of the police force may move or
cause to be moved a vehicle which is parked
or left standing in front of a—
(a) right-of-way; or
(b) passage; or
(c) private drive—or so close to a right-of-way, passage or private drive as to obstruct access to, or egress from, it by vehicles or pedestrians.
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| s. 17 | Act No. 57/1998 |
(2) A member of the police force may move or cause to be moved a vehicle which—
(a)
is parked or left standing contrary to the regulations; and
(b)
in the opinion of the member of the police force, is—
(i) a danger to other road users; or
(ii) causing or likely to cause traffic congestion.
(3) A member of the police force acting in accordance with sub-section (1) or (2) may—
(a) reasonable force, for the purpose of
enter a vehicle using, if necessary, it; and
(b)
move the vehicle to the nearest convenient place.
(4) The Chief Commissioner of Police may
recover from the owner of a vehicle moved under sub-section (3) any reasonable costs incurred in moving it.".
17. Drink-driving infringements
(1) In section 89C of the Principal Act, after sub- section (3) insert—
"(3A) If a person to whom a traffic infringement
notice has been issued in respect of a drink-
driving infringement—
(a)
is exempted under the regulations from the requirements of section 18(1)(a) because he or she holds an appropriate licence or permit issued in another State, Territory or country; and
Road Safety (Amendment) Act 1998
Act No. 57/1998 s. 18
(b)
does not give notice of objection to the infringement notice and the 28 day period has expired—
the person is disqualified from driving a
motor vehicle on a road in Victoria for the
period for which he or she would have been
disqualified, suspended or suspended and
disqualified under this section had the personheld a licence or permit under this Act.".
(2) In section 89C(4) of the Principal Act, after "(3)"
insert "or disqualification under sub-section
(3A)".
(3) In section 89C(8) of the Principal Act, after
"person" insert ", other than a person referred to
in sub-section (3A),".
18. Excessive speed infringements
In section 89D of the Principal Act, after sub- section (1) insert—
"(1A) If a person to whom a traffic infringement
notice has been issued in respect of an
excessive speed infringement—
(a)
is exempted under the regulations from the requirements of section 18(1)(a) because he or she holds an appropriate licence or permit issued in another State, Territory or country; and
(b)
does not give notice of objection to the infringement notice and the 28 day period has expired—
the person is disqualified from driving a
motor vehicle on a road in Victoria for the
period for which he or she would have been
suspended and disqualified under this section
had the person held a licence or permit under
this Act.".
Road Safety (Amendment) Act 1998
| s. 19 | Act No. 57/1998 |
(2) In section 89D(7) of the Principal Act, after
"person" insert ", other than a person referred to
in sub-section (1A),".
19. Regulation-making power
(1) In section 95(3) of the Principal Act—
(a)
after paragraph (c) insert— "(ca) so as to provide for the recognition by
the Corporation of things done or Territory under which authority is given to drive motor vehicles on roads or road related areas; and";
omitted to be done under a law of the
(b) for paragraph (f) substitute— "(f) so as to impose a penalty not exceeding 20 penalty units for individuals or 100 penalty units for bodies corporate for a contravention of the regulations.".
(2) In section 95 of the Principal Act, for sub-section (3A) substitute—
"(3A) The regulations may provide that this Act
does not, or specified provisions of this Act
do not, apply to a vehicle, or vehicles of a
class, identified in the regulations.
(3B) The regulations may allow the
Corporation—
(a)
to exempt a vehicle or class of vehicles from the requirement to be registered; or
(b)
to exempt a vehicle or class of vehicles from a requirement of the regulations relating to the construction, efficiency, performance, safety, roadworthiness or
Road Safety (Amendment) Act 1998
Act No. 57/1998 s. 20 design of vehicles or the equipment to
be carried on vehicles; or
(c) to exempt a motor vehicle or trailer or class of motor vehicles or trailers from a requirement of the regulations relating to the carrying of loads; or
(d) from a requirement of the regulations to
to exempt a person or class of persons licence or learner permit may be granted, varied or renewed; or
(e)
to exempt a person or class of persons from a requirement of the regulations relating to the hours of driving of motor
vehicles or the keeping of records
relating to those hours of driving or the
carrying of log books on motor
vehicles—subject to compliance with any conditions
specified in the regulations or determined by
the Corporation and specified in theinstrument of exemption (if any).".
20. New sections 95A and 95B inserted
After section 95 of the Principal Act insert—
'95A. Application of A.C.T. charges
(1) In this section, "the Commonwealth Act"
means the Road Transport Charges
(Australian Capital Territory) Act 1993 of
the Commonwealth.
(2) Regulations under section 95 may not
prescribe as a fee payable in respect of—
(a)
registration or renewal of registration of a vehicle of a kind referred to in Part 2
Road Safety (Amendment) Act 1998
| s. 20 | Act No. 57/1998 |
| (except Division 3) of the Schedule to the Commonwealth Act; or |
(b)
registration or renewal of registration of a vehicle of a kind referred to in Division 3 of Part 2 of the Schedule to the Commonwealth Act; or
(c)
the grant of a permit to operate a vehicle, or a combination of vehicles, referred to in section 2(b) of the Commonwealth Act—
an amount other than an amount equal to the that Act, in respect of the registration in the Australian Capital Territory for the corresponding period of a vehicle or prime mover of that kind or the grant of a permit to operate in the Australian Capital Territory for the corresponding period a vehicle or a combination of vehicles of that kind, as the case requires.
amount payable as a charge under the
(3) If regulations for the time being in force under section 95 prescribe, or purport to prescribe, an amount as a fee in
contravention of sub-section (2), the
regulations have effect as if the prescribed
fee were the fee authorised to be prescribedby sub-section (2).
(4) This section does not affect—
(a)
any power conferred by or under this Act to—
(i) charge pro-rata amounts for a whole year; or
Road Safety (Amendment) Act 1998
Act No. 57/1998 s. 21 (ii) charge fees in respect of the purpose of registration; or
(iii) charge other administrative fees in vehicles; or
(b)
any power conferred by section 95(4)(f).
95B. Exemption of certain statutory rules from
RIS
Section 7 of the Subordinate Legislation
Act 1994 does not apply to—
(a) a statutory rule that includes a (Traffic) Regulations 1988; or
(b) or re-making (with or without
any statutory rule amending, revoking statutory rule in paragraph (a); or
(c)
any statutory rule amending or revoking the re-made statutory rule.'.
21. New section 96A inserted
After section 96 of the Principal Act insert—
"96A. Application orders and emergency orders
(1) The Minister may declare, by notice
published in the Government Gazette, that
the operation of the regulations, or ofspecified parts of the regulations—
(a) is suspended for a specified period; or
(b)
is varied in a manner specified by the Minister.
Road Safety (Amendment) Act 1998
| s. 22 | Act No. 57/1998 |
(2) A declaration must be consistent with the
provisions relating to application orders and
emergency orders in the agreements
scheduled to the National Road Transport
Commission Act 1991 of the
Commonwealth.
(3) A declaration may have effect in relation to
the whole of Victoria or to a specified area.
(4) If an emergency order is terminated in
accordance with an agreement scheduled to termination in the Government Gazette.".
the National Road Transport Commission
Act 1991 of the Commonwealth, the
22. New section 97A inserted
After section 97 of the Principal Act insert—
"97A. Administrative fees
(1) The Corporation may charge a fee for any service it provides in connection with the registration of vehicles or the licensing of drivers.
(2) The fee charged for a service under sub-
section (1) must not exceed the cost to the
Corporation of providing that service.".
23. Review of decisions
In Schedule 2 to the Principal Act, in item 60, after "appeal" insert "or review".
24. Transitional
In section 103 of the Principal Act, after sub- section (11) insert—
"(12) A person who, immediately before the
commencement of section 5(5) of the Road
Safety (Amendment) Act 1998, was the
Road Safety (Amendment) Act 1998
Act No. 57/1998 s. 25 registered owner of a vehicle under this Act is on that commencement deemed to be the registered operator of that vehicle.".
25. Statute law revision
(1) In section 55(1) of the Principal Act, after
"Corporation" (where secondly occurring) insert
"or of the Department of Infrastructure".
(2) Sections 101 and 102 of the Principal Act are
repealed.
(3) Schedule 4 to the Principal Act is repealed.
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Road Safety (Amendment) Act 1998
| s. 26 | Act No. 57/1998 |
PART 3—AMENDMENT OF OTHER ACTS
26. Cancellation or suspension of driver licence
(1) In section 89(1) of the Sentencing Act 1991, after
"thinks fit" insert "and may make a finding that
the offence was committed while the offender was
under the influence of alcohol or a drug which
contributed to the offence".(2) In section 89 of the Sentencing Act 1991, after sub-section (3) insert—
"(3A) If—
(a) a person applies under sub-section (2) for an order as to the issue of a driver licence; and (b) the court referred to in sub-section (1) has made a finding that the offence was committed while the person was under the influence of alcohol or a drug which contributed to the offence— the Magistrates' Court must have regard to the reports referred to in sub-section (3B).
(3B) A person to whom paragraphs (a) and (b) of sub-section (3A) apply must obtain from an accredited agency—
(a)
at least 12 months before applying for the order under sub-section (2), an assessment report about the person's use of alcohol or drugs, as the case requires; and
(b)
within 28 days before applying for the order, a licence restoration report.
Road Safety (Amendment) Act 1998
Act No. 57/1998 s. 26 (3C) If a person applies under sub-section (2) for an order and there was no finding referred to in sub-section (3A)(b), the Magistrates'
Court may request a licence restoration report from an accredited agency.
(3D) On an application under sub-section (2) the
court may, in exceptional circumstances,
reduce the period of 12 months referred to in
sub-section (3B)(a).
(3E) On an application under sub-section (2), the
Magistrates' Court may make or refuse to make the order sought, and for the purpose of determining whether or not the order should be made—
(a) the court must hear any relevant evidence tendered either by the applicant or by the Chief Commissioner of Police and any evidence of a
registered medical practitioner required
by the court; and(b) without limiting the generality of its discretion, the court must have regard to— (i) the conduct of the applicant with respect to intoxicating liquor or drugs (as the case may be) during the period of disqualification; and
(ii) the applicant's physical and hearing of the application; and
(iii) the effect which the making of the order may have on the safety of the applicant or of the public; and
Road Safety (Amendment) Act 1998
| s. 27 | Act No. 57/1998 | |
|
(3) In section 3(1) of the Sentencing Act 1991 insert
the following definitions—
' "accredited agency" means a person or body
approved under the Road Safety Act 1986
as an accredited agency;"licence restoration report" means a report from
an accredited agency on an applicant for an
order under section 89(2);'.
27. Transitional
After section 119 of the Sentencing Act 1991 insert—
"120. Transitional provisions (1998 amendments)
The amendments of this Act made by a provision of section 26 of the Road Safety (Amendment) Act 1998 do not apply to a person who applies for an order within 18 months after the commencement of that provision.".
28. Consequential amendments—"registered owner"
(1) In section 4(1) of the Environment Protection
Act 1970, in paragraph (a) of the definition of
"registered owner", for "registered owner"
substitute "registered operator".
(2) In section 106B of the Labour and Industry Act 1958, in the definition of "owner", for "registered owner" substitute "registered operator".
(3) In section 3(1) of the Litter Act 1987, in
paragraph (a) of the definition of "registered
owner", for "registered under the Road SafetyRoad Safety (Amendment) Act 1998
Act No. 57/1998 s. 29
Act 1986 as the owner of the vehicle" substitute
"the registered operator of the vehicle under theRoad Safety Act 1986".
(4) In section 69 of the Melbourne City Link Act
1995, in paragraph (a) of the definition of "owner", for "owner" substitute "person".
29. Amendment of Transport Accident Act 1986
(1) In section 3(1) of the Transport Accident Act
1986—
(a) for the definitions of "owner" (where first ' "owner"—
(a) in relation to a motor car, has the same meaning as in the Motor Car Act 1958; (b) in relation to a motor vehicle, has 3(1) of the Road Safety Act 1986;';
(b) in the definition of "recreation vehicle" for "(b) otherwise, means a motor cycle that is
of a class of motor cycle eligible to be registered under the Road Safety Act 1986 for a fee that is lower than the
registration fee for other classes ofmotor cycle;";
(c)
in the definition of "registered motor vehicle" paragraph (d) is repealed.
(2) In section 3 of the Transport Accident Act 1986,
after sub-section (6) insert—
Road Safety (Amendment) Act 1998
| s. 30 | Act No. 57/1998 |
"(7) The Governor in Council may, by Order
published in the Government Gazette,
declare any motor vehicle or class of motor
vehicles not to be a recreation vehicle or
recreation vehicles for the purposes of this
Act.".
30. Repeal
The Road Transport Charges (Victoria) Act
1995 is repealed.
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Road Safety (Amendment) Act 1998
Act No. 57/1998 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 21 April 1998
Legislative Council: 6 October 1998
The long title for the Bill for this Act was "to amend the Road Safety Act
1986 and the Sentencing Act 1991 and for other purposes."
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