Road Safety (Amendment) Act 2003 (Vic)

Road Safety (Amendment) Act 2003

ts	Act No. 94/2003
n
e
m	TABLE OF PROVISIONS

u	Section	Page
c
o	PART 1—PRELIMINARY	1
D

1. Purpose 1

ry	2.	Commencement	3
3.	Principal Act	3
ta

n	PART 2—AMENDMENT OF ROAD SAFETY ACT 1986	4
e	Division 1—Written-off Vehicles	4

m	4.	Definitions	4
ia	5.	When is a vehicle written off?	6
rl	6.	Register of written-off vehicles	7
a	7.	Appeals regarding written-off vehicle registration	7

P Division 2—Drink Driving Provisions 9

d	8.	Breath alcohol analysis	9
n	9.	Amendment of unproclaimed amending provision	15
a	10.	Future amendments	15
n	11.	Requirement to stop at preliminary breath testing station	15
o
ti
12.	Requirement to provide blood sample	16
13.	Service of certificates	16
14.	Proof of authority to operate breath analysing instrument	17
la	15.	PERIN	18

is	Division 3—"Owner Onus" Provisions	18
g

e	16.	Offences detected by a photographic detection device	18
17.	Liability of owner for parking infringement	19
L

Division 4—Point to Point Camera System 21

n
a

ri	18.	Owner-onus offences	21
19.	New sections 78 and 78A inserted	21

to	78.	Average speed evidence of actual speed in certain
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Section Page

21. New section 84B inserted 22

84B. Surveillance Devices Act 1999 22

22. Regulations 23

ts	Division 5—Heavy Vehicles	23
n	23.	Identification of uniformed police officers during inspection
e	or search 23
m	24.	Subject-matter for Regulations 24
u	Division 6—Calculation of Demerit Points	25
c

o 25. Demerits Register 25

D Division 7—Transitional Provisions 26

ry 26. New section 103D inserted 26

103D. Application of amendments made by the Road

ta	Safety (Amendment) Act 2003	26
n	Division 8—Minor Amendments	27
e

27. Minor amendments 27

m

ia PART 3—AMENDMENT OF TRANSPORT ACT 1983 28

rl	28.	Breath alcohol analysis	28
a	29.	Future amendments	29
P	30.	Requirement to provide blood sample	30
d	31.	Service of certificates under section 98	30
32.	Proof of authority to operate breath analysing instrument	31
n
a	33.	PERIN	31

n	PART 4—AMENDMENT OF MARINE ACT 1988	32
o

ti	34.	Breath alcohol analysis	32
35.	Future amendments	34
la	36.	Requirement to provide blood sample	35
is	37.	Service of certificates under section 32	35
38.	Proof of authority to operate breath analysing instrument	35
g	39.	PERIN	36
e

L PART 5—AMENDMENT OF OTHER ACTS 37

n	40.	Amendment of Accident Compensation Act 1985	37
a
ri	41.	Amendment of Transport Accident Act 1986	37
42.	Tolling system not surveillance device	38
to	43.	Offences detected by prescribed tolling device	38
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ii

Section	Page
PART 6—CONSEQUENTIAL AMENDMENTS	40

45. Magistrates' Court Act 1989 40

═══════════════

ts

n	ENDNOTES	41
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ts
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c
o	Victoria
D
ry
ta
n	No. 94 of 2003
e
m
ia	†

Road Safety (Amendment) Act 2003

rl

a	[Assented to 25 November 2003]
P
d
n
a
n	The Parliament of Victoria enacts as follows:
o
ti
la	PART 1—PRELIMINARY
is
g	1. Purpose
e
L	(1) The main purpose of this Act is to amend the

Road Safety Act 1986 so as—

n
a

ri (a) to change how a vehicle may become

registered as a written-off vehicle and who

to	has standing to appeal against a written-off
ic	vehicle registration;
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s. 1

(b) to amend the drink driving provisions to allow breath analysing instruments to measure the concentration of alcohol in

ts	breath instead of blood, to facilitate the proof
n	of authority to operate such instruments and
e	expand the means by which certain
m	certificates may be served;
u
c	(c) to enable a chain of nominations of the
o	actual driver to be made under the "owner
D	onus" provisions relating to camera detected
ry	traffic offences and parking infringements
and include trailers in the coverage of
ta	camera detected traffic offences;
n	(d) to facilitate the use of point to point camera systems for the detection and prosecution of
e
m	offences under the Act;
ia

rl	(e)	to require uniformed police officers to
a	identify themselves when exercising powers
P	of inspection or searches concerning heavy
d	vehicles and widen the regulation-making
n	powers with respect to speeding heavy
a	vehicles;

n	(f) to clarify the operation of the demerit points
o
ti	provisions in relation to drivers who hold, or
have held, a full driver licence.
la	(2) This Act also makes amendments to the
is	Transport Act 1983, the Marine Act 1988, the
g
e	Accident Compensation Act 1985, the
L	Transport Accident Act 1986 and the Melbourne City Link Act 1995 corresponding to
n
a	certain amendments made to the Road Safety Act
ri	1986 by this Act.
to
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s. 2

2. Commencement

(1) This Part and Part 2 (except sections 7 and 10),

ts	Part 3 (except section 29), Part 4 (except
n	section 35) and Part 5 come into operation on the
e	day after the day on which this Act receives the
m	Royal Assent.
u	(2) Subject to sub-section (3), the remaining
c	provisions of this Act come into operation on a
o	day or days to be proclaimed.
D

(3) If a provision of this Act does not come into

ry	operation before 1 January 2005, it comes into
ta	operation on that day.
n	3. Principal Act
e

In this Act, the Road Safety Act 1986 is called See:

m Act No.

ia	the Principal Act.	127/1986.
rl	Reprint No. 7
as at
a	19 June 2002
and
P	amending Act Nos
d	46/2002 and
n	44/2003.
a	LawToday:
n	dpc.vic.
gov.au
o
ti

la	__________________
is
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s. 4

PART 2—AMENDMENT OF ROAD SAFETY ACT 1986

ts	Division 1—Written-off Vehicles
n
e	4. Definitions
m
u	(1) In section 16B of the Principal Act—
c	(a) insert the following definitions—
o
D	' "corresponding category" means a specified category of written-off
ry	vehicle on an interstate written-off
ta	vehicles register that the Governor in
n	Council by Order published in the
e	Government Gazette declares to be a
m	category that corresponds to a specified
ia	category of written-off vehicle under
rl	this Division;
a	"domestic partner" of a person means an
P	adult person to whom the person is not
d	married but with whom the person is in
n	a relationship as a couple where one or
a	each of them provides personal or
n	financial commitment and support of a
o	domestic nature for the material benefit
ti	of the other, irrespective of their
la	genders and whether or not they are
is	living under the same roof, but does not
g	include a person who provides
e	domestic support and personal care to
L	the person—
n	(a) for fee or reward; or
a
ri	(b) on behalf of another person or an
to	organisation (including a
ic	government or government
agency, a body corporate or a
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s. 4

charitable or benevolent

organisation);';

ts	(b)	for the definition of "repairable write-off"
n	substitute—
e	' "repairable write-off" means a written-off

m	vehicle that—
u
c	(a) is not a statutory write-off; or
o	(b) is entered on an interstate written-
D	off vehicles register in a
ry	corresponding category to
ta	repairable write-off under this
Division;';
n
e	(c) in the definition of "statutory write-off"—
m	(i) at the end of paragraph (f) insert "or";
ia
rl	(ii) after the Examples at the foot of
a	paragraph (f) insert—
P	"(g) entered on an interstate written-off
d	vehicles register in a
n	corresponding category to
a	statutory write-off under this
n	Division;".
o
ti	(2) At the end of section 16B of the Principal Act
la	insert—
is	'(2) The Governor in Council may, by Order
g	published in the Government Gazette,
e	declare that a specified category of written-
L	off vehicle on an interstate written-off
n	vehicles register corresponds to a specified
a	category of written-off vehicle under this
ri	Division.
to
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(3) The Chief Commissioner of Police may authorise in writing for the purposes of section 16D(4) a specified member or

ts	members of the police force.
n
e	(4) For the purposes of the definition of
m	"domestic partner" in sub-section (1)—
u	(a) in determining whether persons are
c	domestic partners of each other, all the
o	circumstances of their relationship are
D	to be taken into account, including any
ry	one or more of the matters referred to in
ta	section 275(2) of the Property Law
Act 1958 as may be relevant in a
n
e	particular case;
m	(b) a person is not a domestic partner of
ia	another person only because they are
rl	co-tenants.'.
a	5. When is a vehicle written off?
P

(1) In section 16C(1)(b) of the Principal Act, for "the

d

n	insurer or self-insurer of the vehicle or, if there is
a	no insurer or self-insurer, the registered operator of the vehicle" substitute "an insurer (whether or
n
o	not the insurer of the vehicle) or the self-insurer of
ti	the vehicle or, if there is no insurer or self-insurer
la	of the vehicle, the registered operator of the
vehicle or, if the registration of the vehicle has
is	been cancelled, the person who was the registered
g
e	operator of the vehicle immediately before that
L	cancellation".
n	(2) After section 16C(1) of the Principal Act insert—
a
ri	"(1A) For the purposes of this Division, a motor vehicle is also written off if it is entered on
to	an interstate written-off vehicles register.".
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(3) After section 16C(5) of the Principal Act insert—

"(6) An insurer or self-insurer, in making a

ts	determination under sub-section (1)(b), may
n	determine that the vehicle is a statutory
e	write-off or a repairable write-off.".
m	6. Register of written-off vehicles
u
c	(1) After section 16D(2) of the Principal Act insert—
o	"(2A) In entering a vehicle on the register of
D	written-off vehicles, the Corporation is
ry	entitled to rely on a determination made by
ta	an insurer or self-insurer under section
16C(1)(b) that a written-off vehicle is a
n	statutory write-off or a repairable write-off
e	and is not required to make any enquiries of
m	its own in relation to the matter before
ia
rl	entering the vehicle on the register as such.".
a	(2) After section 16D(3) of the Principal Act insert—
P	"(4) If—
d	(a) a vehicle is entered on the register of
n
a	written-off vehicles as a repairable write-off; and
n
o	(b) a member of the police force authorised
ti	by the Chief Commissioner of Police
la	for the purposes of this sub-section
is	notifies the Corporation in writing that
g	the entry of the vehicle on the register
e	should be as a statutory write-off—
L	the Corporation must amend the entry
n	accordingly.".
a
ri	7. Appeals regarding written-off vehicle registration
to	(1) In section 16E(1)(b) of the Principal Act, for
ic	"refuse to amend" substitute "amend, or refuse to
V	amend,". Road Safety (Amendment) Act 2003

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s. 7

(2) For section 16E(2) of the Principal Act

substitute—

ts	"(2) An appeal may be made under sub-
n	section (1) by—
e	(a) a person who notified the Corporation
m	that the vehicle was a written-off
u	vehicle; or
c
o	(b) the person who was the registered
D	operator of the vehicle when it became a written-off vehicle or, if the
ry	registration of the vehicle was then
ta	cancelled, immediately before that
n	cancellation; or
e	(c) a person who was the spouse or a
m	domestic partner of a person referred to
ia	in paragraph (a) or (b) when the
rl	notification was made or the vehicle
a	became a written-off vehicle (as the
P	case requires).
d	(2A) A person may only appeal on one or more of
n
a	the following grounds—
n	(a) in the case of an appeal against an
o	amendment of an entry made under
ti	section 16D(4), that the vehicle was not
la	a statutory write-off when the
is	amendment was made;
g	(b) in the case of an appeal against any
e	other amendment of, or against a
L	refusal to amend, an entry, that the
n	vehicle did not satisfy the criteria for
a
ri	the category of written-off vehicle under which it was registered when it
to	was entered on the register;
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(c) in the case of an appeal against a refusal to remove an entry, that the vehicle was not a written-off vehicle

ts	when it was entered on the register.".
n
e	(3) In section 16E(3)(a) of the Principal Act, for
m	"refusal" substitute "decision".
u
c	Division 2—Drink Driving Provisions
o
D	8. Breath alcohol analysis
ry	(1) In section 3(1) of the Principal Act—

ta	(a)	in paragraph (b) of the definition of "breath
n	analysing instrument" after "blood" insert
e	"or breath";

m	(b) for paragraph (a) of the definition of "drink-
ia	driving infringement" substitute—
rl	"(a) the concentration of alcohol—
a
P	(i) in the blood of the person is less
d	than 0⋅15 grams per 100 millilitres
n	of blood; or
a	(ii) in the breath of the person is less
n	than 0⋅15 grams per 210 litres of
o
ti	exhaled air—
la	as the case requires; and";
is	(c) for paragraph (b) of the definition of
g	"prescribed concentration of alcohol"
e	substitute—
L
"(b) in the case of any other person—
n
a	(i) a concentration of alcohol present
ri	in the blood of that person of
to	0⋅05 grams per 100 millilitres of
ic	blood; or
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s. 8

(ii)  a concentration of alcohol present in the breath of that person of

ts	0⋅05 grams per 210 litres of
exhaled air;".
n
e	(2) In section 47(c) of the Principal Act, after "blood"
m	insert "or breath".
u	(3) In section 48(1)(a) of the Principal Act—
c
o	(a) after "blood" (where first occurring) insert
D	"or breath";

ry	(b)	after "blood" (where secondly occurring)
ta	insert "or breath (as the case requires)".

n	(4) In section 48(1A) of the Principal Act, after
e	"blood" (where first occurring) insert "or breath".
m	(5) In section 49(1)(b) of the Principal Act, after
ia
rl	"blood" insert "or breath".

(6) In section 49(1)(f) of the Principal Act, after

a

P	"blood" (where twice occurring) insert "or breath".
d
n	(7) In section 49(7)(a) of the Principal Act, after
a	"blood" insert "or breath".
n	(8) For section 50(1)(a) of the Principal Act
o
ti	substitute—
la	"(a) the concentration of alcohol—
is	(i) in the blood of that person was less than
g	0⋅05 grams per 100 millilitres of blood;
e	or
L

(ii) in the breath of that person was less

n

a	than 0⋅05 grams per 210 litres of
ri	exhaled air—
to	as the case requires; and".
ic	(9) In section 50(1A) of the Principal Act, after
V	"blood" (where twice occurring) insert "or breath". Road Safety (Amendment) Act 2003

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Part 2—Amendment of Road Safety Act 1986

s. 8

(10) In section 50(1AB) of the Principal Act—

(a) after "the blood" insert "or breath";

ts	(b) after "of blood" (where twice occurring)
n	insert "or 210 litres of exhaled air (as the
e	case requires)".
m	(11) For section 50(3)(b) of the Principal Act
u
c	substitute—
o	"(b) the concentration of alcohol—
D

(i) in the blood of that person was less than

ry	0⋅10 grams per 100 millilitres of blood;
ta	or
n	(ii) in the breath of that person was less
e	than 0⋅10 grams per 210 litres of
m	exhaled air—
ia
rl	as the case requires; and".
a	(12) For section 50(4A)(a)(i) of the Principal Act
P	substitute—
d	"(i) a first offence and the level of concentration
n
a	of alcohol—
n	(A) in that person's blood was 0⋅15 grams
o
ti	or more per 100 millilitres of blood; or
la	(B) in that person's breath was 0⋅15 grams
is	or more per 210 litres of exhaled air—
g	as the case requires; or".
e	(13) For section 50AAA(2)(b) of the Principal Act
L	substitute—
n
a	"(b) in the case of an offence under section
ri	49(1)(b), (f) or (g), the concentration of
to	alcohol—

ic	(i)	in the person's blood at the relevant
V	time was 0⋅15 grams or more per 100 millilitres of blood; or

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s. 8

(ii)  in the person's breath at the relevant time was 0⋅15 grams or more per

ts	210 litres of exhaled air—
n	as the case requires—".
e	(14) For section 50AAB(3)(a)(ii) of the Principal Act
m	substitute—
u
c	"(ii) in the case of an offence under section
o	49(1)(b), (f) or (g), the concentration of
D	alcohol—
ry	(A) in the person's blood at the relevant
ta	time was less than 0⋅15 grams per
100 millilitres of blood; or
n
e	(B) in the person's breath at the relevant
m	time was less than 0⋅15 grams per
ia	210 litres of exhaled air—
rl	as the case requires; or".
a
P	(15) In section 50A(1) of the Principal Act—
d	(a) after "blood" (where first occurring) insert
n	"or breath (as the case requires)";
a

(b) after "blood" (where secondly occurring)

n	insert "or 210 litres of exhaled air (as the
o
ti	case requires)".
la	(16) In section 51(1)(a) of the Principal Act—
is	(a) after "blood" (where first occurring) insert
g	"or breath (as the case requires)";
e
L	(b) for sub-paragraphs (i) and (ii) substitute—
n	"(i) if the person holds a full driver
a
ri	licence—
to	(A) 0⋅15 grams or more per
ic	100 millilitres of blood; or
V	(B) 0⋅15 grams or more per 210 litres

of exhaled air; or

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(ii)  if the person holds a learner permit or probationary driver licence—

ts	(A) 0⋅07 grams or more per
n	100 millilitres of blood; or
e	(B) 0⋅07 grams or more per 210 litres
m	of exhaled air; or".
u
c	(17) In section 51(1B) of the Principal Act—
o	(a) in paragraph (b), after "person's" (where first
D	occurring) insert "breath or";
ry	(b) in paragraph (c)(i) and (ii) for "per
ta	100 millilitres of blood or more" substitute
n	"or more per 210 litres of exhaled air or
e	100 millilitres of blood (as the case
m	requires)".
ia	(18) In section 51(3)(b)(ii) of the Principal Act, before
rl	"blood" insert "breath or".
a
P	(19) Insert the following heading to section 52 of the

Principal Act—

d

n	"Zero blood or breath alcohol".
a

(20) In section 52(2) of the Principal Act, after "blood"

n	insert "or breath".
o
ti	(21) In section 55(1)(a) of the Principal Act, after
la	"blood" insert "or breath".
is	(22) In section 55(2A) of the Principal Act, after
g	"blood" insert "or 210 litres of exhaled air".
e
L	(23) In section 55(4) of the Principal Act, after "blood"
n	insert "or breath".
a
ri	(24) In section 55(9A)(b) and (14) of the Principal Act,

after "blood" insert "or 210 litres of exhaled air".

to	(25) In section 58(1) and (2) of the Principal Act, after
ic	"blood" (wherever occurring) insert "or breath".
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(26) In section 58A(1) of the Principal Act—

(a) before "blood" (where first occurring) insert

ts	"breath or";
n	(b) after "per" insert "210 litres of exhaled air
e	or";
m	(c) after "blood" (where thirdly occurring)
u
c	insert "(as the case requires)".
o	(27) In section 84A of the Principal Act, after "blood"
D	insert "or breath".
ry	(28) In section 88(2)(a) of the Principal Act, after
ta	"blood" insert "or breath".
n	(29) In section 89C(1) of the Principal Act—
e

(a) after "blood" (where first and secondly

m

occurring) insert "or breath";

ia
rl

(b) in paragraph (a)(i) and (ii), for "per

a	100 millilitres of blood or more" substitute
P	"or more per 100 millilitres of blood or
d	210 litres of exhaled air (as the case
n	requires)".
a	(30) In section 89C(8) of the Principal Act—
n
o
ti

(a) after "person's blood" insert "or breath";

(b) after "per 100 millilitres of blood" insert "or

la	210 litres of exhaled air (as the case
is	requires)".
g	(31) In the heading of Column 1 of Schedule 1 to the
e
L	Principal Act, after "blood" (where secondly occurring) insert "or in breath in grams per
n
a	210 litres of exhaled air".
ri
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s. 9

9. Amendment of unproclaimed amending provision

In section 10(f) of the Road Safety (Responsible Act No. 46/2002.

ts	Driving) Act 2002—
n	(a) after "100 millilitres of blood" (where first
e	occurring) insert "or 210 litres of exhaled air
m	(as the case requires)";
u
c	(b) for "per 100 millilitres of blood or more"
o	(where twice occurring) substitute "or more
D	per 100 millilitres of blood or 210 litres of
ry	exhaled air (as the case requires)".
ta	10. Future amendments
n	(1) In section 3(1) of the Principal Act, in
e	paragraph (b) of the definition of "breath
m	analysing instrument" omit "blood or".
ia	(2) In section 48(1A) of the Principal Act omit "blood
rl	or".
a	(3) In section 49(1)(f) of the Principal Act omit
P

"blood or", where twice occurring.

d

n	(4) In section 55(1)(a) of the Principal Act omit
a	"blood or".
n	(5) In section 55(2A) of the Principal Act omit
o
ti	"100 millilitres of blood or".
la	(6) In section 55(4) of the Principal Act omit "blood
is	or".
g	(7) In section 55(9A)(b) and (14) of the Principal Act
e	omit "100 millilitres of blood or".
L

(8) In section 58(1) and (2) of the Principal Act omit

n	"blood or", wherever occurring.
a
ri	11. Requirement to stop at preliminary breath testing
to	station
ic	(1) In section 49(1)(d) of the Principal Act, after
V	"vehicle" insert ", and remain stopped,". Road Safety (Amendment) Act 2003

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s. 12

(2) In section 53(1)(b) of the Principal Act, after "stop" insert ", and remain stopped".

ts	(3) In section 54(3) of the Principal Act, after
n	"vehicle" insert "and remain stopped until a
e	member of the police force on duty at the station
m	indicates that the driver may proceed".
u	12. Requirement to provide blood sample
c
o	In section 55(9A) of the Principal Act, for "or
D	(2AA)" substitute ", (2AA) or (2A)".
ry	13. Service of certificates
ta	(1) In section 57(5) of the Principal Act omit
n	"personally".
e	(2) After section 57(5) of the Principal Act insert—
m
ia	"(5A) A copy of a certificate given under this
rl	section may be served on the accused by—
a	(a) delivering it to the accused personally;
P	or
d	(b) leaving it for the accused at his or her
n	last or most usual place of residence or
a	of business with a person who
n	apparently resides or works there and
o
ti	who apparently is not less than 16 years
la	of age.".
is	(3) In section 57(6) of the Principal Act, for "the
g	person who has personally" substitute "a person
e	who has".
L	(4) In section 57(12) of the Principal Act, after "(5),"
n	insert "(5A),".
a
ri	(5) In section 57A(6) of the Principal Act omit
to	"personally".
ic
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Part 2—Amendment of Road Safety Act 1986

s. 14

(6) After section 57A(6) of the Principal Act insert—

"(6A) A copy of a certificate given under this

ts	section may be served on the accused by—
n	(a) delivering it to the accused personally;
e	or
m	(b) leaving it for the accused at his or her
u
c	last or most usual place of residence or
o	of business with a person who
D	apparently resides or works there and who apparently is not less than 16 years
ry	of age.".
ta	(7) In section 57A(7) of the Principal Act, for "the
n	person who has personally" substitute "a person
e	who has".
m
ia	14. Proof of authority to operate breath analysing
rl	instrument
a	For section 58(3) of the Principal Act
P	substitute—
d	"(3) In any proceeding under this Act—
n

a	(a)	the statement of any person that on a
n	particular date he or she was authorised
o	by the Chief Commissioner of Police
ti	under section 55 to operate breath
la	analysing instruments; or

is	(b) a certificate purporting to be signed by
g	the Chief Commissioner of Police that a
e	person named in it is authorised by the
L	Chief Commissioner under section 55
n	to operate breath analysing
a
ri	instruments—
to	is admissible in evidence and, in the absence
of evidence to the contrary, is proof of the
ic	authority of that person.".
V

Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 2—Amendment of Road Safety Act 1986

s. 15

15. PERIN

(1) Insert the following heading to section 89E of the

ts	Principal Act—
n	"Application and modification of Schedule 7 to
e	Magistrates' Court Act 1989".
m	(2) In section 89E(1) of the Principal Act—
u
c	(a) in paragraph (c), for "and (b)." substitute
o	"and (b);";
D

(b) after paragraph (c) insert—

ry	"(d) clause 10A.".
ta
n	Division 3—"Owner Onus" Provisions
e
m	16. Offences detected by a photographic detection
ia	device
rl	(1) In section 66(1), (3), (3A), (4) and (5) of the
a	Principal Act, after "motor vehicle" (wherever
P	occurring) insert "or trailer".
d	(2) In section 66(3)(a) of the Principal Act—
n
a	(a) for sub-paragraph (iii) substitute—
n	"(iii) a courtesy letter under Schedule 7 to
o
ti	the Magistrates' Court Act 1989—";
la	(b) for "the informant" substitute "an
is	enforcement official".
g	(3) After section 66(3)(a) of the Principal Act
e	insert—
L
"(ab) another person against whom a charge has
n
a	been filed, or on whom a traffic infringement
ri	notice has been served, in relation to the
to	driving of the motor vehicle or trailer at the relevant time supplies to an enforcement
ic	official in a sworn statement in writing or in
V	a statutory declaration the name and address

Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 2—Amendment of Road Safety Act 1986

s. 17

of the person who was driving the motor vehicle or trailer at the relevant time; or".

ts	(4) In section 66(3)(b) of the Principal Act, for "the
n	informant" substitute "an enforcement official".
e	(5) After section 66(3) of the Principal Act insert—
m	'(3AA) In sub-section (3) "an enforcement
u
c	official" means—
o	(a) the informant in any proceeding
D	commenced against the owner or
ry	another person; or

ta	(b)	the person who served (or caused to be
n	served) a traffic infringement notice on
e	the owner or another person; or

m	(c) the person who served (or caused to be
ia	served) a courtesy letter under Schedule
rl	7 to the Magistrates' Court Act
a	1989—
P

in relation to the driving of the motor vehicle

d	or trailer at the relevant time.'.
n
a	(6) In section 66(3A) and (4) of the Principal Act,
n	after "(3)(a)" insert "or (ab)".
o
ti	17. Liability of owner for parking infringement
la	(1) In section 86(3)(a) of the Principal Act—
is	(a) for sub-paragraph (iii) substitute—
g	"(iii) a courtesy letter under Schedule 7 to
e
L	the Magistrates' Court Act 1989—";
n	(b) for "the informant" substitute "an
a
ri	enforcement official".
to
ic
V

Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 2—Amendment of Road Safety Act 1986

s. 17

(2) After section 86(3)(a) of the Principal Act

insert—

ts	"(ab) another person against whom a charge has
n	been filed, or on whom a parking
e	infringement notice has been served, in
m	relation to the parking infringement
u	concerned supplies to an enforcement
c	official in a sworn statement in writing or in
o	a statutory declaration the name and address
D	of the person who was in charge of the motor
ry	vehicle at the relevant time; or".
ta	(3) For section 86(4) of the Principal Act

substitute—

n

e	'(4) In sub-section (3) "an enforcement
m	official" means—
ia	(a) the informant in any proceeding
rl	commenced against the owner or
a	another person; or
P

(b) the person who served (or caused to be

d

n	served) a parking infringement notice
a	on the owner or another person; or
n	(c) the person who served (or caused to
o	be served) a courtesy letter under
ti	Schedule 7 to the Magistrates' Court
la	Act 1989 on the owner or another
is	person—
g	in relation to the parking infringement
e
L	concerned.'.

(4) In section 86(4A) and (5) of the Principal Act,

n

a	after "(3)(a)" insert "or (ab)".
ri
to
ic
V
Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 2—Amendment of Road Safety Act 1986

s. 18

Division 4—Point to Point Camera System

18. Owner-onus offences

ts

n	In section 66(1)(b) of the Principal Act, after
e	"device" insert "or by a prescribed process".
m	19. New sections 78 and 78A inserted
u
c	After section 77 of the Principal Act insert—
o	'78. Average speed evidence of actual speed in
D	certain circumstances
ry	(1) If, in any proceedings for an offence against
ta	this Act or the regulations—
n	(a) the speed at which a motor vehicle
e	travelled is relevant; and
m	(b) the prosecution relies on the average
ia
rl	speed of the motor vehicle between
2 points on a road as determined in
a	accordance with sub-section (2)—
P
d	the average speed so determined is evidence,
n	and in the absence of evidence of the actual
a	speed of the motor vehicle to the contrary is
n	proof, of the speed of the motor vehicle.
o
ti	(2) For the purposes of sub-section (1), the

average speed of a motor vehicle between

la	2 points on a road expressed in kilometres
is	per hour is calculated in accordance with the
g	following formula and rounded down to the
e	next whole number—
L

D ⋅ × 3 6

n

a	T
ri	where—
to	D is the shortest distance, expressed in
ic	metres, that would be travelled by a
V	motor vehicle on the road between the 2 points;

Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 2—Amendment of Road Safety Act 1986

s. 20

T is the time, expressed in seconds, that

has elapsed between the motor vehicle

ts	passing the first and second points.
n	(3) This section does not derogate from any
e	other mode of proof of the speed of the
m	motor vehicle.
u	78A. Evidence of road distance
c
o	(1) A certificate in the prescribed form
D	purporting to be issued by an approved surveyor certifying as to the shortest
ry	distance, expressed in metres, that would be
ta	travelled by a motor vehicle on a road
n	between 2 points is admissible in evidence in
e	any proceedings and, in the absence of
m	evidence to the contrary, is proof of that
ia	distance.
rl	(2) In this section, "approved surveyor" means
a	a licensed surveyor within the meaning of
P	the Surveyors Act 1978 who is approved for
d	the purposes of this section by the Surveyor-
n	General or by the Corporation.'.
a

20. General evidentiary provisions

n

o	After section 84(7)(a) of the Principal Act
ti	insert—
la	"(ab) an image or message produced by a
is	prescribed process when used in the
g	prescribed manner; or".
e
L	21. New section 84B inserted
n	After section 84A of the Principal Act insert—
a
ri	"84B. Surveillance Devices Act 1999
to	A prescribed process is not a surveillance
ic	device within the meaning of the
V	Surveillance Devices Act 1999.".

Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 2—Amendment of Road Safety Act 1986

s. 22

22. Regulations

In items 39, 39A, 49B and 49C of Schedule 2 to

ts	the Principal Act, after "devices" insert "or
n	processes".
e

Division 5—Heavy Vehicles

m

u	23. Identification of uniformed police officers during
c
o	inspection or search
D	(1) For section 116(4) of the Principal Act
ry	substitute—
ta	"(4) In the case of an inspector who is a member
n	of the police force and who is in uniform,
e	before starting to inspect or search the
m	vehicle he or she must, if requested to do so
ia	by the driver or person, state orally his or her
rl	name, rank and place of duty.".
a	(2) In section 116(6) of the Principal Act, for "or (3)"
P	substitute ", (3) or (4)".
d	(3) For section 117(3) of the Principal Act
n	substitute—
a
"(3) An inspector who is a member of the police
n
o	force and who is in uniform conducting an
ti	inspection or a search of a heavy vehicle
la	under this Division must, if requested to do
is	so by the driver or other person apparently in
g	charge of the vehicle, state orally his or her
e	name, rank and place of duty unless he or
L	she has already done so to that driver or
n	other person in compliance with section 116
a	or this sub-section.".
ri
to
ic
V

Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 2—Amendment of Road Safety Act 1986

s. 24

(4) For section 126(5) of the Principal Act

substitute—

ts	"(5) In the case of an inspector who is a member
n	of the police force and who is in uniform,
e	before starting to inspect or search the
m	premises he or she must, if requested to do
u	so by an occupier, state orally his or her
c	name, rank and place of duty.".
o	(5) In section 126(6) of the Principal Act, for "or (4)"
D	substitute ", (4) or (5)".
ry	(6) For section 127(3) of the Principal Act
ta	substitute—
n	"(3) An inspector who is a member of the police
e	force and who is in uniform conducting an
m	inspection or a search of premises under this
ia	Division must, if requested to do so by an
rl	occupier (within the meaning of section 126)
a	of the premises, state orally his or her name,
P	rank and place of duty unless he or she has
d	already done so to that occupier in
n	compliance with section 126 or this sub-
a	section.".
n	24. Subject-matter for Regulations
o
ti	(1) In item 8 of Schedule 2 to the Principal Act, after
la	"suspended" insert "(including, in the case of a
is	heavy vehicle to which a requirement referred to
g	in item 39B or 39C applies, where the Corporation
e	is notified of the vehicle being detected exceeding
L	a specified speed in another State or a Territory)".
n	(2) In items 39B and 39C of Schedule 2 to the
a
ri	Principal Act, after "Requiring" insert "in specified circumstances (including where the
to	Corporation is notified of the vehicle being
ic	detected exceeding a specified speed in another
V	State or a Territory)". Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 2—Amendment of Road Safety Act 1986

s. 25

(3) In Schedule 2 to the Principal Act, after item 39C

insert—

ts	"39D. The circumstances in which a requirement referred to in item 39B or 39C applying to a heavy vehicle or to
n	an owner of a heavy vehicle continues to apply to the
e	vehicle or to an owner of the vehicle despite any
m	transfer of registration since the imposing of the
u	requirement.".
c
o	Division 6—Calculation of Demerit Points
D

25. Demerits Register

ry Act No.

(1) In section 5(3) of the Road Safety (Responsible Driving) Act 2002, in the proposed new

ta	46/2002.
n	paragraph (a) of section 25(3B) of the Road
e	Safety Act 1986—
m
ia	(a) after "driver licence" insert "or who holds a
rl	learner permit or probationary driver licence
a	and also holds, or has held, a full driver
P	licence";
d	(b) after "the licence" insert "or permit".
n	(2) In section 5(3) of the Road Safety (Responsible
a	Driving) Act 2002, in the proposed new
n	paragraph (ab) of section 25(3B) of the Road
o
ti	licence" insert "and who does not hold, and has
Safety Act 1986, after "probationary driver
la	never held, a full driver licence".
is	(3) In section 5(5) of the Road Safety (Responsible
g
e	Driving) Act 2002, in the proposed new
L	paragraph (a) of section 25(3D) of the Road
n	Safety Act 1986—
a
ri	(a) in sub-paragraph (i), after "full driver

licence" insert "or a learner permit or

to	probationary driver licence held by a person
ic	who also holds, or has held, a full driver
V	licence";

Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 2—Amendment of Road Safety Act 1986

s. 26

(b) after "probationary driver licence" insert "held by a person who does not hold, and has

ts	never held, a full driver licence".
n	Division 7—Transitional Provisions
e
m	26. New section 103D inserted
u
c	After section 103C of the Principal Act insert—
o	"103D. Application of amendments made by the
D	Road Safety (Amendment) Act 2003
ry	(1) The amendments to section 16E of this Act
ta	made by section 7 of the Road Safety
n	(Amendment) Act 2003 apply to an entry on
e	the register of written-off vehicles, whether
m	the entry was made before, on or after the
ia	commencement of that section 7 but section
rl	16E (as in force immediately before that
a	commencement) continues to apply with
P	respect to any appeal made under that section before that commencement.
d
n	(2) The amendments to sections 66 and 86 of
a	this Act made by Division 3 of Part 2 of the
n	Road Safety (Amendment) Act 2003 apply
o	to offences alleged to have been committed
ti	before, on or after the commencement of that
la	Division and irrespective of whether or not a
is	charge was filed or a courtesy letter, traffic
g	infringement notice or parking infringement
e	notice was served before that
L	commencement.".
n
a
ri
to
ic
V

Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 2—Amendment of Road Safety Act 1986

s. 27

Division 8—Minor Amendments

27. Minor amendments

ts	(1) In section 3(1) of the Principal Act, for the
n
e	definition of "dentist" substitute—
m	' "dentist" means a registered dentist within the
u	meaning of the Dental Practice Act 1999;'.
c
o	(2) In section 3(1) of the Principal Act, after
D	paragraph (a) of the definition of "parking
ry	infringement" insert—
"(b) a local law made by a municipal council; or".
ta	(3) In section 25(2) of the Principal Act, for "points
n
e	incurred" substitute "points incurred,".
m	(4) In section 52(1D) of the Principal Act, for
ia	"48(1AA)" substitute "3AA(1)(c)".
rl	(5) Section 66(3)(a)(ii) of the Principal Act is
a	repealed.
P

(6) Section 77(1) of the Principal Act is repealed.

d

n	(7) In section 86(3)(a) of the Principal Act—
a

(a) after sub-paragraph (i) insert "or";

n

o	(b) sub-paragraph (ii) is repealed.
ti
la	(8) In section 112(3) of the Principal Act, for "sub-

sections (1)(c) and (1)(d)" substitute "sub-section

is	(1)(c) or inspections and searches under sub-
g	section (1)(d)".
e
L	(9) In section 119 of the Principal Act, in paragraph
n	(a) of the definition of "authorised inspector", for
a	"112(1)(b)" substitute "112(1)(c)".
ri	__________________
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Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 3—Amendment of Transport Act 1983

s. 28

PART 3—AMENDMENT OF TRANSPORT ACT 1983

ts 28. Breath alcohol analysis

n	See:	(1) In section 92 of the Transport Act 1983, omit
e	Act No.

9921.	"blood—".
m	Reprint No. 9

u	as at	(2) In section 93(1) of the Transport Act 1983, for
c	15 July 2003

and	the definition of "prescribed concentration of
o	amending	alcohol" substitute—
D	Act Nos
54/2002,	' "prescribed concentration of alcohol" means
ry	23/2003,
34/2003,	any concentration of alcohol present in the
ta	44/2003 and	breath or blood of a person;'.
59/2003.

n	LawToday:	(3) In section 93(5) of the Transport Act 1983—
e	dpc.vic.

(a) after "blood" (where first occurring) insert

gov.au

m	"or breath";
ia

rl	(b)	after "blood" (where secondly occurring)
a	insert "or breath (as the case requires)".

P	(4) In section 93(6) of the Transport Act 1983, after
d	"blood" (where first occurring) insert "or breath".
n
a	(5) In section 94(1)(a) of the Transport Act 1983, after "blood" insert "or breath".
n
o	(6) In section 94(1)(d) of the Transport Act 1983,
ti	after "blood" (where twice occurring) insert "or
la	breath".
is	(7) In section 94(6)(a) of the Transport Act 1983,
g	after "blood" insert "or breath".
e
L	(8) In section 95(2)(a)(ii) of the Transport Act 1983,
n	after "blood" insert "or breath".
a
ri	(9) In section 96(1)(a) of the Transport Act 1983,

after "blood" insert "or breath".

to	(10) In section 96(2) of the Transport Act 1983, after
ic	"blood" insert "or 210 litres of exhaled air".
V
Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 3—Amendment of Transport Act 1983

s. 29

(11) In section 96(4) of the Transport Act 1983, after "blood" insert "or breath".

ts	(12) In section 96(8)(b) and (17) of the Transport Act
n	1983, after "blood" insert "or 210 litres of exhaled
e	air".
m	(13) In section 99(1) and (2) of the Transport Act
u	1983, after "blood" (wherever occurring) insert
c	"or breath".
o
D	(14) In section 117(4A)(a) of the Transport Act 1983,
ry	after "blood" insert "or breath".
ta	(15) In section 208 of the Transport Act 1983, for

paragraph (a) of the definition of "safety work

n

e	infringement" substitute—
"(a) the concentration of alcohol in the blood or
m
ia	breath of the worker is less than 0⋅15 grams
rl	per 100 millilitres of blood or 210 litres of
a	exhaled air (as the case requires); and".
P	(16) In section 215B(2) of the Transport Act 1983,
d	after "blood" insert "or breath".
n	29. Future amendments
a
n	(1) In section 93(6) of the Transport Act 1983 omit
o
ti	"blood or".

(2) In section 94(1)(d) of the Transport Act 1983

la	omit "blood or" (where twice occurring).
is	(3) In section 95(2)(a)(ii) of the Transport Act 1983
g
e	omit "blood or".
L	(4) In section 96(1)(a) of the Transport Act 1983
n	omit "blood or".
a
ri	(5) In section 96(2) of the Transport Act 1983 omit
to	"100 millilitres of blood or".
ic	(6) In section 96(4) of the Transport Act 1983 omit
V	"blood or". Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 3—Amendment of Transport Act 1983

s. 30

(7) In section 96(8)(b) and (17) of the Transport Act 1983 omit "100 millilitres of blood or".

ts	(8) In section 99(1) and (2) of the Transport Act
n	1983 omit "blood or" (wherever occurring).
e	30. Requirement to provide blood sample
m	(1) In section 96(2) of the Transport Act 1983, after
u
c	"sub-section (1)" insert "or (1A)".
o	(2) In section 96(8) of the Transport Act 1983, after
D	"(1)" insert ", (1A) or (2)".
ry	31. Service of certificates under section 98
ta	(1) In section 98(5) of the Transport Act 1983 omit
n	"personally".
e

(2) After section 98(5) of the Transport Act 1983

m

insert—

ia
rl

"(5A) A copy of a certificate given under this

a	section may be served on the accused by—
P	(a) delivering it to the accused personally;
d	or
n
a	(b) leaving it for the accused at his or her
n	last or most usual place of residence or
o	of business with a person who
ti	apparently resides or works there and
la	who apparently is not less than 16 years
is	of age.".
g	(3) In section 98(6) of the Transport Act 1983, for
e	"the person who has personally" substitute "a
L	person who has".
n	(4) In section 98(14) of the Transport Act 1983,
a
ri	after "(5)," insert "(5A),".
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Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 3—Amendment of Transport Act 1983

s. 32

32.  Proof of authority to operate breath analysing instrument

ts	For section 99(8) of the Transport Act 1983
n	substitute—
e	"(8) In any proceeding under this Act—
m	(a) the statement of any person that on a
u
c	particular date he or she was authorised
o	by the Chief Commissioner of Police
D	under section 96 to operate breath
ry	analysing instruments; or
ta	(b) a certificate purporting to be signed by

the Chief Commissioner of Police that a

n	person named in it is authorised by the
e	Chief Commissioner under section 96
m	to operate breath analysing
ia
rl	instruments—
a	is admissible in evidence and, in the absence
P	of evidence to the contrary, is proof of the authority of that person.".
d
n	33. PERIN
a

In section 215E(1) of the Transport Act 1983,

n	after "and (6)," insert "10A,".
o
ti	__________________
la
is
g
e
L
n
a
ri
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V

Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 4—Amendment of Marine Act 1988

s. 34

PART 4—AMENDMENT OF MARINE ACT 1988

ts 34. Breath alcohol analysis

n	See:	(1) In section 3(1) of the Marine Act 1988, in the
e	Act No.

52/1988.	definition of "prescribed concentration of
m	Reprint No. 5	alcohol"—
u	as at
7 February
c	(a) in paragraph (a), after "blood" insert "or
2002

o	and	breath";
D	amending Act Nos	(b) for paragraph (b) substitute—
ry	77/2001,

11/2002 and	"(b) in the case of any other person—
ta	46/2002.
LawToday:

(i) a concentration of alcohol present

n
dpc.vic. in the blood of that person of
e	gov.au

0⋅05 grams per 100 millilitres of

m	blood; or
ia

rl	(ii)	a concentration of alcohol present
a	in the breath of that person of
P	0⋅05 grams per 210 litres of
d	exhaled air;".

n	(2) In section 27(1) of the Marine Act 1988—
a

(a) after "blood" (where first occurring) insert

n	"or breath";
o
ti	(b) after "blood" (where secondly occurring)
la	insert "or breath (as the case requires)".
is	(3) In section 27(1A) of the Marine Act 1988, after
g	"blood" (where first occurring) insert "or breath".
e
L	(4) In section 28(1)(b) of the Marine Act 1988, after
n	"blood" insert "or breath".
a
ri	(5) In section 28(1)(e) of the Marine Act 1988, after "blood" (where twice occurring) insert "or
to	breath".
ic	(6) In section 28(8)(a) of the Marine Act 1988, after
V	"blood" insert "or breath". Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 4—Amendment of Marine Act 1988

s. 34

(7) For section 28C(1)(a) of the Marine Act 1988 substitute—

ts	"(a) section 28(1)(b), (e) or (f) where it is alleged
n	that the concentration of alcohol—
e	(i) in the blood of that person was
m	0⋅15 grams or more per 100 millilitres
u	of blood; or
c
o	(ii) in the breath of that person was
D	0⋅15 grams or more per 210 litres of
ry	exhaled air; or".
ta	(8) In section 31(1)(a) of the Marine Act 1988, after

"blood" insert "or breath".

n

e	(9) In section 31(2A) of the Marine Act 1988, after
m	"blood" insert "or 210 litres of exhaled air".
ia	(10) In section 31(4) of the Marine Act 1988, after
rl	"blood" insert "or breath".
a
P	(11) In section 31(9A)(b) and (12B) of the Marine Act 1988, after "blood" insert "or 210 litres of exhaled
d
n	air".
a	(12) In section 33(1) and (2) of the Marine Act 1988,
n	after "blood" (wherever occurring) insert "or
o
ti	breath".
la	(13) In section 33A(1) of the Marine Act 1988—

is	(a)	before "blood" (where first occurring) insert
g	"breath or";

e	(b) after "per" insert "210 litres of exhaled air
L	or";
n
a	(c) after "blood" (where thirdly occurring)
ri	insert "(as the case requires)".
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Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 4—Amendment of Marine Act 1988

s. 35

(14) For section 61A(1)(a) of the Marine Act 1988

substitute—

ts	"(a) the concentration of alcohol—
n	(i) in the blood of the person is less than
e	0⋅15 grams per 100 millilitres of blood;
m	or
u
c	(ii) in the breath of the person is less than
o	0⋅15 grams per 210 litres of exhaled
D	air—
ry	as the case requires; and".
ta	(15) In section 61BA(1)(a) of the Marine Act 1988,
n	before "blood" insert "breath or".
e	35. Future amendments
m
ia	(1) In section 27(1A) of the Marine Act 1988 omit
rl	"blood or".
a	(2) In section 28(1)(e) of the Marine Act 1988 omit
P	"blood or" (where twice occurring).
d	(3) In section 31(1)(a) of the Marine Act 1988 omit
n
a	"blood or".
n	(4) In section 31(2A) of the Marine Act 1988 omit
o
ti

"100 millilitres of blood or".

(5) In section 31(4) of the Marine Act 1988 omit

la	"blood or".
is	(6) In section 31(9A)(b) and (12B) of the Marine Act
g
e	1988 omit "100 millilitres of blood or".
L	(7) In section 33(1) and (2) of the Marine Act 1988
n	omit "blood or" (wherever occurring).
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Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 4—Amendment of Marine Act 1988

s. 36

36. Requirement to provide blood sample

In section 31(9A) of the Marine Act 1988, for

ts	"or (2)" substitute ", (2) or (2A)".
n	37. Service of certificates under section 32
e

(1) In section 32(5) of the Marine Act 1988 omit

m

u	"personally".
c	(2) After section 32(5) of the Marine Act 1988
o	insert—
D

"(5A) A copy of a certificate given under this

ry	section may be served on the accused by—
ta	(a) delivering it to the accused personally;
n	or
e

(b) leaving it for the accused at his or her

m

ia	last or most usual place of residence or
rl	of business with a person who
a	apparently resides or works there and
P	who apparently is not less than 16 years of age.".
d
n	(3) In section 32(6) of the Marine Act 1988, for "the
a	person who has personally" substitute "a person
n	who has".
o
ti	38. Proof of authority to operate breath analysing
la	instrument
is	For section 33(3) of the Marine Act 1988
g	substitute—
e	"(3) In any proceeding under this Act—
L

(a) the statement of any person that on a

n

a	particular date he or she was authorised
ri	by the Chief Commissioner of Police
to	under section 31 to operate breath
analysing instruments; or
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Act No. 94/2003

Part 4—Amendment of Marine Act 1988

s. 39

(b) a certificate purporting to be signed by the Chief Commissioner of Police that a person named in it is authorised by the

ts	Chief Commissioner under section 31
n	to operate breath analysing
e	instruments—
m
u	is admissible in evidence and, in the absence
c	of evidence to the contrary, is proof of the
o	authority of that person.".
D	39. PERIN
ry	In section 61C(1) of the Marine Act 1988—
ta	(a) in paragraph (c), for "and (b)." substitute
n
e	"and (b);";

(b) after paragraph (c) insert—

m

ia	"(d) clause 10A.".
rl
a	__________________
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Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 5—Amendment of Other Acts

s. 40

PART 5—AMENDMENT OF OTHER ACTS

ts See:

40. Amendment of Accident Compensation Act 1985

Act No.

n 10191.

In section 82(4A)(c) of the Accident

e Reprint No. 12

Compensation Act 1985, for "was 0.24 grams or as at

m 6 March 2003

more per 100 millilitres of blood" substitute "in

u and

the person's blood was 0⋅24 grams or more per amending

c Act Nos

o	100 millilitres of blood or in the person's breath	50/1994,
D	was 0⋅24 grams or more per 210 litres of exhaled	60/1996,
107/1997 and
ry	air, as the case requires".	60/2003.
LawToday:
ta
dpc.vic.
n	gov.au
e	See:

41. Amendment of Transport Accident Act 1986

Act No.

m 111/1986.

(1) In section 40(3) of the Transport Accident Act

ia Reprint No. 8

rl	1986—	as at
1 August 2001
a	(a) in paragraph (b), for "was 0⋅24 grams or	and amending
P	more per 100 millilitres of blood" substitute	Act Nos 27/2001,
d	"in the person's blood was 0⋅24 grams or
44/2001,
n	more per 100 millilitres of blood or in the	54/2001 and
a	11/2002.
person's breath was 0⋅24 grams or more per	LawToday:
n	210 litres of exhaled air, as the case
dpc.vic.
o	requires"; and
ti	gov.au

la	(b) after "the blood" insert "or breath". (2) In section 40(4)(b) of the Transport Accident
is
g	Act 1986, for "was more than 0⋅05 grams per
e	100 millilitres of blood" substitute "in the
L	person's blood was more than 0⋅05 grams per
n	100 millilitres of blood or in the person's breath
a	was more than 0⋅05 grams per 210 litres of
ri	exhaled air, as the case requires".
to	(3) In sections 40(5), 40A(4)(b) and 40A(5)(a) and (c)
ic	of the Transport Accident Act 1986, after
V	"blood" insert "or breath". Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 5—Amendment of Other Acts

s. 42

(4) In section 40A(5)(b) of the Transport Accident Act 1986, after "the blood" insert "or breath".

ts 42. Tolling system not surveillance device

n	See:	At the end of section 70 of the Melbourne City
e	Act No.
107/1995.	Link Act 1995 insert—
m	Reprint No. 5 as at	"(2) The tolling system that complies with the
u	31 December
c	2002 and	Agreement, the Integration and Facilitation
o	amending
Act No.
Agreement or the Extension Agreement (as
D	59/2003.	the case requires) is not a surveillance device
LawToday:	within the meaning of the Surveillance
ry
dpc.vic.	Devices Act 1999.".
ta	gov.au
n

e	43. Offences detected by prescribed tolling device
m	(1) In section 87(3)(a) and (b) of the Melbourne City
ia	Link Act 1995, for "the enforcement officer"
rl	substitute "an enforcement official".
a	(2) After section 87(3)(a) of the Melbourne City Link Act 1995 insert—
P
d
n	"(ab) another person against whom a charge has
a	been filed, or on whom an infringement
n	notice has been served, in relation to the
o	driving of the vehicle at the relevant time
ti	supplies to an enforcement official in a
la	sworn statement in writing or in a statutory
is	declaration the name and address of the
g	person who was driving the vehicle at the
e	relevant time; or".
L	(3) After section 87(3) of the Melbourne City Link
n	Act 1995 insert—
a
ri	'(3A) In sub-section (3) "an enforcement
to	official" means—

ic	(a)	the informant in any proceeding
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Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 5—Amendment of Other Acts

s. 44

(b) the enforcement officer who caused an infringement notice to be served on the

ts	owner or another person; or
n	(c) the person who served (or caused to be
e	served) a courtesy letter under
m	Schedule 7 to the Magistrates' Court
u	Act 1989 on the owner or another
c	person—
o	in relation to the driving of the vehicle at the
D	relevant time.'.
ry	(4) In section 87(4) and (5) of the Melbourne City
ta	Link Act 1995, after "(3)(a)" insert "or (ab)".
n	44. New section 120 inserted
e
m	After section 119 of the Melbourne City Link
ia
rl
Act 1995 insert—

"120. Application of amendments made by the

a	Road Safety (Amendment) Act 2003
P
The amendments to section 87 of this Act
d	made by Part 5 of the Road Safety
n
a	(Amendment) Act 2003 apply to offences alleged to have been committed before, on or
n	after the commencement of that Part and
o
ti	irrespective of whether or not a charge was
la	filed or a courtesy letter or infringement
notice was served before that
is	commencement.".
g
e	__________________
L
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Road Safety (Amendment) Act 2003

Act No. 94/2003

Part 6—Consequential Amendments

s. 45

PART 6—CONSEQUENTIAL AMENDMENTS

ts	45. Magistrates' Court Act 1989
n	In clause 14(2) of Schedule 7 to the Magistrates'
e	Court Act 1989—
m
u	(a) in paragraph (b)(ii), for "by the owner of the
c	vehicle under section 86(3)(a)" substitute
o	"under section 86(3)(a) or (ab)";
D	(b) in paragraph (c)(ii), for "by the owner of the
ry	motor vehicle under section 66(3)(a)"
ta	substitute "under section 66(3)(a) or (ab)"; (c) in paragraph (d)(ii), for "by the owner of the
n
e	vehicle under section 87(3)(a)" substitute
m	"under section 87(3)(a) or (ab)".
ia
rl	═══════════════
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Road Safety (Amendment) Act 2003

Act No. 94/2003

Endnotes

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 9 October 2003
e
Legislative Council: 19 November 2003
m
u	The long title for the Bill for this Act was "to amend the Road Safety Act
c	1986, the Transport Act 1983, the Marine Act 1988, the Accident
o	Compensation Act 1985, the Transport Accident Act 1986, the
D	Melbourne City Link Act 1995 and the Road Safety (Responsible Driving) Act 2002, to make consequential amendments to the
ry	Magistrates' Court Act 1989 and for other purposes."
ta
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