Road Safety (Drivers) Amendment (Interstate Disqualification and Other Matters) Regulations 2016 (Vic)

Road Safety (Drivers) Amendment (Interstate Disqualification and Other Matters) Regulations 2016

S.R. No. 92/2016

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Principal Regulations

4Mandatory refusal for specified applicants

5New regulation 29A inserted

6Prescribed procedures for application for the grant or variation of driver licence or grant of learner permit

7Consideration of application and decision

8Other grounds for variation, suspension or cancellation of driver licence or learner permit

9New Part 3A inserted

10Definition for Division 2

11Schedule 5 amended

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Endnotes

STATUTORY RULES 2016

S.R. No. 92/2016

Road Safety Act 1986

Road Safety (Drivers) Amendment (Interstate Disqualification and Other Matters) Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 26 July 2016

Responsible Minister:

LUKE DONNELLAN
Minister for Roads and Road Safety

ANDREW ROBINSON

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Road Safety (Drivers) Regulations 2009—

(a)to authorise the Corporation to issue a driver licence or learner permit to a person who would not otherwise be eligible due to a driving disqualification or other sanction being imposed in another jurisdiction; and

(b)to authorise the Corporation to impose a reduced driver licence or learner permit suspension in circumstances where it would normally not be permitted due to a driving disqualification or other sanction being imposed in another jurisdiction; and

(c)to authorise the Corporation to impose conditions with respect to the driver licence or learner permit of a person referred to in paragraphs (a) and (b); and

(d)to clarify that persons convicted or found guilty of certain drink-driving offences may only be issued a driver licence or learner permit under section 31KA of the Road Safety Act 1986; and

(e)to reduce the monthly cost recovery fee that is payable by persons required to install an approved alcohol interlock in a motor vehicle.

2Authorising provision

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

3Principal Regulations

In these Regulations, the Road Safety (Drivers) Regulations 2009[1] are called the Principal Regulations.

4Mandatory refusal for specified applicants

In regulation 29(2) of the Principal Regulations, for "If the person" substitute "Subject to Part 3A, if the person".

5New regulation 29A inserted

After regulation 29 of the Principal Regulations insert—

"29A   Procedure for certain applications for the grant of driver licence or learner permit after drink-driving offence

A person in respect of whom section 31KA of the Act applies may only make an application for a driver licence or learner permit under that section.".

6Prescribed procedures for application for the grant or variation of driver licence or grant of learner permit

For regulation 30(3) of the Principal Regulations substitute—

"(3)In addition, if the applicant has been disqualified from driving in another jurisdiction after being convicted or found guilty of a relevant interstate drink‑driving offence (within the meaning of regulation 81A), the applicant may, if eligible under regulation 81B, include an application for a reduced disqualification or suspension under Part 3A.".

7Consideration of application and decision

At the foot of regulation 32 of the Principal Regulations insert—

"Note

The Corporation may only consider an application made by a person to whom section 31KA of the Act applies in accordance with that section.".

8Other grounds for variation, suspension or cancellation of driver licence or learner permit

In regulation 79(2) of the Principal Regulations, for "The Corporation" substitute "Subject to Part 3A, the Corporation".

9New Part 3A inserted

After Part 3 of the Principal Regulations insert—

"Part 3A—Special powers with respect to disqualification in another jurisdiction

81ADefinitions for Part 3A

In this Part—

relevant interstate drink-driving offence means an offence against a law of another jurisdiction that—

(a)is the same or substantially similar to any of the following offences—

(i)a serious motor vehicle offence within the meaning of section 87P of the Sentencing Act 1991 committed while the person was under the influence of alcohol, or both alcohol and a drug which a court has found contributed to the offence;

(ii)an offence against section 49(1) of the Act other than—

(A)an offence under section 49(1)(a) (involving only a drug); or

(B)an offence under section 49(1)(ba), (bb), (h) or (i); or

(b)results in the imposition of a requirement that the person, for a period of time, is only permitted to drive a motor vehicle in which an alcohol interlock has been installed;

relevant jurisdiction, in relation to a person making an application under this Part, means the other jurisdiction where the person, because of a relevant interstate drink-driving offence, was subject to a disqualification or suspension of a kind referred to in regulation 81B(1)(a);

reduced disqualification or suspension means a decision, subject to the imposition of any special conditions, made by the Corporation under regulation 81C in relation to an application made under regulation 81B to—

(a)issue a driver licence or learner permit by reference to the reduced period (and any period of suspension or disqualification already served) rather than the usual period; or

(b)suspend a driver licence or learner permit (or shorten an existing suspension) by reference to the reduced period (and any period of suspension or disqualification already served) rather than the usual period;

reduced period means the shorter or nil period of suspension or disqualification that may have applied to a person specified in regulation 81B(1);

special conditions means conditions or requirements imposed by the Corporation under regulation 81D;

usual period means the period of disqualification or suspension that would normally apply in accordance with regulation 29 or 79(2).

81BApplication for a reduced disqualification or suspension

(1)This regulation applies to a person who—

(a)currently is, under the law of another jurisdiction (including where the person is a resident of Victoria) in respect of a relevant interstate drink-driving offence—

(i)disqualified from driving in the relevant jurisdiction; or

(ii)disqualified from obtaining a driver licence or learner permit in the relevant jurisdiction; or

(iii)disqualified from obtaining a class of driver licence or learner permit in the relevant jurisdiction; or

(iv)subject to a driver licence or learner permit suspension in the relevant jurisdiction; and

(b)would have been eligible for a reduced period of disqualification or suspension if the person resided in or remained in the other jurisdiction and the person—

(i)had undertaken or agreed to undertake certain education or rehabilitation activities; or

(ii)had made certain undertakings; or

(iii)had agreed to be subject to certain driving restrictions or conditions; and

(c)is not subject to any other disqualification or suspension; and

(d)has, if a requirement has been imposed by or under the Act or these regulations to return or surrender a driver licence or learner permit to the Corporation, returned or surrendered that driver licence or learner permit to the Corporation.

(2)If subregulation (1) applies to a person, the person may apply for a reduced disqualification or suspension in accordance with this regulation.

(3)An application under this regulation—

(a)must be made to the Corporation, in a form approved by the Corporation; and

(b)must include—

(i)the applicant's personal particulars; and

(ii)any evidence the Corporation reasonably requires to verify the personal particulars; and

(iii)any other evidence the Corporation reasonably requires; and

(iv)details of the reduced disqualification or suspension that is being sought; and

(v)the applicant's address for service of notices, if this is different from the person's residential address.

(4)The Corporation may require evidence under subregulation (3)(b)(iii) to determine—

(a)whether the person would have been eligible for a reduced period; and

(b)in what circumstances the person would have been so eligible; and

(c)what period of disqualification or suspension has already been served (if any) in the relevant jurisdiction; and

(d)whether the person suffers from a medical condition that is relevant to the imposition of special conditions under regulation 81D(2)(c); and

(e)the extent to which the person has already complied with any requirements of the law of the relevant jurisdiction.

Example

An example of compliance with the requirements of the law of the relevant jurisdiction may be that the person has already been driving in that jurisdiction with an alcohol interlock device fitted to that person's motor vehicle for a period of time while the disqualification was stayed or suspended.

81CConsideration of application, notification and decision

(1)After considering an application for a reduced disqualification or suspension, the Corporation may grant a reduced disqualification or suspension and impose any special conditions under regulation 81D if the Corporation is satisfied that—

(a)the person would have been eligible for a reduced period if the person had resided in or remained in the relevant jurisdiction; and

(b)if appropriate, suitable special conditions can be imposed on the person that, in the opinion of the Corporation, are readily enforced and administered in Victoria.

(2)If the Corporation is not satisfied of the matters specified in subregulation (1), the Corporation must refuse the application.

(3)The Corporation must give written notice of its decision under subregulation (1) or (2), to a person who has made an application under regulation 81B stating—

(a)if a reduced disqualification or suspension has been granted—

(i)details of the reduced disqualification or suspension granted and the date on which it will take effect; and

(ii)details of any special conditions and the period for which they are to apply; and

(b)if the application has been refused, the reasons for the decision; and

(c)that the person has a right under Part 4 to apply within 28 days after receiving the notice to have the decision reviewed.

81DSpecial conditions

(1)The Corporation may impose suitable conditions or requirements on a person's driver licence or learner permit if the person is granted a reduced disqualification or suspension under regulation 81C.

(2)When determining suitable conditions or requirements, the Corporation may have regard to—

(a)any conditions or requirements that are normally imposed in the relevant jurisdiction and whether they could be readily enforced and administered in Victoria; and

(b)the conditions or requirements that the Corporation or Victorian courts would typically impose if the offences or events leading to the disqualification or suspension in the relevant jurisdiction had occurred in Victoria; and

(c)whether any medical exemptions would normally be available in Victoria for a particular condition type and whether the person's medical condition is such as to prevent the person from being able to comply with a condition of that type; and

(d)the extent to which the person has already complied with any requirements of the law of the relevant jurisdiction; and

(e)the provision of safe, efficient and equitable road use.

(3)Conditions or requirements imposed under this regulation may—

(a)be of fixed duration; or

(b)apply for a minimum period if removal of the conditions or requirements is expressed to be contingent on certain conditions or requirements being met.

Example

Consistent with the Victorian Alcohol Interlock Program, the Corporation may impose a special condition that the applicant drive a vehicle fitted with an alcohol interlock for a certain minimum period, during which the person must comply with the prescribed alcohol interlock usage data requirements (see regulations 37A and 37B) and provide evidence of that compliance. If the person fails to comply with those prescribed alcohol interlock usage data requirements, the person would continue to be subject to the special condition (even after the minimum compliance period ends) until compliance could be demonstrated by the applicant.

81EApplication for removal of condition imposed for minimum period

(1)If a special condition is imposed for a minimum period in accordance with regulation 81D(3)(b), the person subject to that special condition may apply to the Corporation for its removal in accordance with this regulation after—

(a)the minimum period has elapsed; and

(b)the person has satisfied any condition or requirements on which the removal of the special condition is contingent.

(2)An application under this regulation must be made to the Corporation, in a form approved by the Corporation.

(3)The application must include—

(a)the applicant's personal particulars; and

(b)any evidence the Corporation reasonably requires to verify the personal particulars; and

(c)any evidence the Corporation reasonably requires to determine that the person has satisfied any condition or requirement on which the removal of the special condition is contingent; and

(d)the applicant's address for service of notices, if this is different from the person's residential address.

81FConsideration of application and decision

(1)After considering an application under regulation 81E, the Corporation must, if it is satisfied that the requirements specified in regulation 81E(1) are met, remove the special condition.

(2)If the requirements of regulation 81E(1) are not met, the Corporation must refuse the application.

(3)The Corporation must give written notice of its decision under subregulation (1) or (2), to the applicant stating—

(a)if the application has been granted, the date from which the special condition will no longer apply; and

(b)if the application has been refused—

(i)the reasons for the decision; and

(ii)that the person has a right under Part 4 to apply within 28 days after receiving the notice to have the decision reviewed.".

10Definition for Division 2

In regulation 82A of the Principal Regulations—

(a)in paragraph (e) of the definition of relevant decision, for "Act." substitute "Act; or";

(b)after paragraph (e) of the definition of relevant decision insert—

"(f)a decision by the Corporation to refuse to grant a reduced disqualification or suspension under regulation 81C; or

(g)a decision by the Corporation to impose special conditions under regulation 81D; or

(h)a decision by the Corporation not to remove a special condition under regulation 81F.".

11Schedule 5 amended

In Schedule 5 to the Principal Regulations—

(a)in Column 2 of item 17A, for "3∙0 fee units" substitute "2∙5 fee units";

(b)in Column 2 of item 17B, for "1∙5 fee units" substitute "1∙25 fee units".

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Endnotes

[1] Reg. 3: S.R. No. 95/2009. Reprint No. 2 as at 30 January 2015. Reprinted to S.R. No. 200/2014. Subsequently amended by S.R. Nos 79/2015, 84/2015, 135/2015, 159/2015 and 24/2016.

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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 2016 is $13.94. 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.