Road Safety (Drivers) Amendment (Probationary Driver Licences and Other Matters) Regulations 2013 (Vic)

Road Safety (Drivers) Amendment (Probationary Driver Licences and Other Matters) Regulations 2013

S.R. No. 175/2013

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Definitions

5Exceptions to exemption under regulation 17

6Extension of probationary driver licence

7Variation of P2 probationary driver licence to P1 probationary driver licence

8Variation of full driver licence to P2 probationary driver
licence

9Passenger restriction for probationary drivers

═══════════════

ENDNOTES

STATUTORY RULES 2013

S.R. No. 175/2013

Road Safety Act 1986

Road Safety (Drivers) Amendment (Probationary Driver Licences and Other Matters) Regulations 2013

The Governor in Council makes the following Regulations:

Dated: 17 December 2013

Responsible Minister:

TERRY MULDER
Minister for Roads

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Road Safety (Drivers) Regulations 2009 to—

(a)modify, in limited circumstances, how the suspension of a driver licence will affect—

(i)the duration of the P1 probationary period or the P2 probationary period of a probationary driver licence; and

(ii)whether a P2 probationary driver licence must be varied to a P1 probationary driver licence; and

(iii)whether a full driver licence must be varied to a P2 probationary driver licence; and

(iv)whether a condition must be imposed on a P1 probationary driver licence prohibiting the licence holder from driving a motor vehicle while carrying more than one other person for the remainder of the P1 probationary period; and

(b)clarify that a person who is disqualified from driving a motor vehicle in Victoria cannot purport to drive in Victoria under the authority of a driver licence or learner permit issued outside of Victoria; and

(c)clarify that a reference in the Road Safety (Drivers) Regulations 2009 to a person disqualified from driving includes a person who is disqualified from obtaining a driver licence or learner permit.

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.

4Definitions

At the end of regulation 5 of the Principal Regulations insert—

"(2)   For the avoidance of doubt, in these Regulations, a reference to a person disqualified from driving in a particular jurisdiction includes a person who is disqualified from obtaining a driver licence or learner permit in that jurisdiction.".

5Exceptions to exemption under regulation 17

In regulation 18(1)(c) of the Principal Regulations, after "in" insert "Victoria or in".

6Extension of probationary driver licence

(1)In regulation 52(3)(a) of the Principal Regulations, for "or 51" substitute
", 51 or 84BN(2)".

(2)In regulation 52(3)(b) of the Principal Regulations, for "regulation 79—" substitute "regulation 79; or".

(3)After regulation 52(3)(b) of the Principal Regulations insert—

"(c) section 89A of the Sentencing Act 1991—".

7Variation of P2 probationary driver licence to P1 probationary driver licence

For regulation 53(3) of the Principal Regulations substitute—

"(3)A reference in subregulation (1)(b)(i) to a licence that is suspended for an offence does not include a licence suspended in the circumstances referred to in regulation 52(3).".

8Variation of full driver licence to P2 probationary driver licence

For regulation 54(3) of the Principal Regulations substitute—

"(3)A reference in subregulation (1)(b)(i) to a licence that is suspended for an offence does not include a licence suspended in the circumstances referred to in regulation 52(3).".

9Passenger restriction for probationary drivers

For regulation 60(4) of the Principal Regulations substitute—

"(4)   A reference in subregulation (1) to a licence that is suspended for an offence does not include a licence suspended in the circumstances referred to in regulation 52(3).".

═══════════════

ENDNOTES

[1] Reg. 3: S.R. No. 95/2009.  Reprint No. 1 as at 1 August 2013.  Reprinted to S.R. No. 86/2013.  Subsequently amended by S.R. Nos 28/2010, 23/2013, 59/2013 and 135/2013.