Road Safety (Drivers) Amendment (Fees) Regulations 2022 (Vic)

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Road Safety (Drivers) Amendment (Fees) Regulations 2022

S.R. No. 98/2022

table of provisions

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Fees

6New regulations 104A and 104B inserted

7Schedule 5—Offences which disqualify drivers from free 3 year full driver licence and discounted driver licence renewal

8Schedule 6—General fees

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Endnotes

statutory rules 2022

S.R. No. 98/2022

Road Safety Act 1986

Road Safety (Drivers) Amendment (Fees) Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 27 September 2022

Responsible Minister:

BEN CARROLL
Minister for Roads and Road Safety

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Road Safety (Drivers) Regulations 2019 to provide for the circumstances where—

(a)the fee is nil for on-line tests for a learner permit, car driver licence or motor cycle licence; and

(b)the fee is nil for the grant of a learner permit or a probationary driver licence; and

(c)the fee for the renewal of a driver licence is reduced by 25% for good drivers.

2Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3Commencement

These Regulations come into operation on 1 October 2022.

4Principal Regulations

In these Regulations, the Road Safety (Drivers) Regulations 2019[1] are called the Principal Regulations.

5Fees

In regulation 104(1) of the Principal Regulations, for "regulations 105" substitute "regulations 104A, 104B, 105".

6New regulations 104A and 104B inserted

After regulation 104 of the Principal Regulations insert

"104A   Free probationary driver licence

(1)The fee payable by a person for the grant of a probationary driver licence is nil.

(2)The fee payable under subregulation (1) only applies the first time the person is granted a probationary driver licence and does not apply to any future renewals of that person's probationary driver licence.

104BDiscounted driver licence renewal for good drivers

(1)The fee payable by an eligible licence holder for the renewal of a driver licence is reduced by 25%.

(2)Subregulation (1) does not apply if the driver licence is renewed more than 3 months before the expiry date.

Note

An application to renew a driver licence may be made within 6 months after the expiry date of the licence. See regulation 41(1).

(3)In this regulation—

eligible licence holder means a person who, according to the Secretary's records, as at the date the Secretary sends the person a renewal notice under regulation 40(1)—

(a)has not had demerit points recorded against the person under regulation 73 or 74; and

(b)has not been convicted or found guilty; and

(c)has not paid, or entered into an arrangement to pay, the penalty specified in an infringement notice issued to the person under—

(i)a payment plan within the meaning of the Infringements Act 2006;
or

(ii)a payment arrangement within the meaning of the Fines Reform Act 2014; and

(d)has not had a conviction imposed by a court under section 89(4) of the Act; and

(e)has not been convicted under section 89A(2) of the Act; and

(f)is not the subject of—

(i)a notice of final demand that is served on the person under section 23 of the Fines Reform Act 2014 and in relation to which no notice of an enforcement cancellation in relation to the infringement fine has been served on the enforcement agency under section 37(2) of that Act; or

(ii)an enforcement order that is in force made against the person under Schedule 3 to the Children, Youth and Families Act 2005

in respect of a relevant offence committed or alleged to have been committed during the 3-year period ending 3 months before the expiry date of the driver licence, including any period during which the person did not hold a driver licence.".

7Schedule 5—Offences which disqualify drivers from free 3 year full driver licence and discounted driver licence renewal

In Schedule 5 to the Principal Regulations—

(a)in the heading, for "licence" substitute "licence and discounted driver licence renewal";

(b)for "Regulation 103" substitute "Regulations 103 and 104B".

8Schedule 6—General fees

In Schedule 6 to the Principal Regulations—

(a)for items 2 and 3 substitute

"2 Written, computer-based or on-line test for a learner permit conducted by the Secretary or another person on behalf of the Secretary and taken at the premises of the Department or that person 23(2) 1·66 fee units
3 On-line test for a learner permit conducted by the Secretary at a place other than premises referred to in item 2 that is taken within 12 months after the date of first enrolment 23(2)

nil

3A On-line test for a learner permit conducted by the Secretary at a place other than premises referred to in item 2 that is taken at any time after the period referred to in item 3 23(2) 1·66 fee units
3B Written, computer-based or on-line test for a car driver licence or motor cycle licence conducted by the Secretary or another person on behalf of the Secretary and taken at the premises of the Department or that person 23(2) 1·27 fee units
3C First on-line test for a car driver licence or motor cycle licence conducted by the Secretary and taken at a place other than premises referred to in item 3B 23(2) nil
3D Second or subsequent on-line test for a car driver licence or motor cycle licence conducted by the Secretary and taken at a place other than premises referred to in item 3B 23(2) 1·27 fee units
3E

Written, computer-based or on-line test conducted by the Secretary or another person on behalf of the Secretary for a variation of—

(a)     a car driver licence to include an additional category of motor vehicle that is a light rigid vehicle, medium rigid vehicle or heavy rigid vehicle;

(b)     a driver licence which authorises a person to drive a medium rigid vehicle to include an additional category of motor vehicle that is a heavy combination vehicle;

(c)     a driver licence which authorises a person to drive a heavy rigid vehicle to include an additional category of motor vehicle that is a heavy combination vehicle or a multi-combination vehicle

23(2) 1·37 fee units";

(b)for items 8 and 9 substitute

"8 First grant of a motor cycle learner permit 23(2), 62(2) nil
8A Second or subsequent grant of a motor cycle learner permit 23(2), 62(2) 1·7 fee units
9 First grant of a car learner permit 23(2), 62(2) nil
9A Second or subsequent grant of a car learner permit 23(2), 62(2) 1·7 fee units
9B Renewal of a car learner permit 23(2), 62(2) 1·7 fee units".

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Endnotes


[1] Reg. 4: S.R. No. 100/2019 as amended by S.R. Nos 120/2019, 172/2019, 105/2020, 123/2020, 36/2021, 75/2021, 121/2021, 19/2022 and 51/2022.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2022 is $15.29. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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