Road Safety (Drivers) Amendment Regulations 2023 (Vic)

Road Safety (Drivers) Amendment Regulations 2023

S.R. No. 9/2023

table of provisions

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Secretary to record demerit points

5Cancellation of demerit points

6Schedule 3—Demerit points

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Endnotes

statutory rules 2023

S.R. No. 9/2023

Road Safety Act 1986

Road Safety (Drivers) Amendment Regulations 2023

The Governor in Council makes the following Regulations:

Dated: 14 February 2023

Responsible Minister:

MELISSA HORNE
Minister for Roads and Road Safety

ANGELA SMITH

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Road Safety (Drivers) Regulations 2019—

(a)to alter the circumstances in which the Secretary must record and cancel demerit points against a person in the Demerits Register; and

(b)to make minor and technical amendments.

2Authorising provision

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

3Commencement

(1)These Regulations, except regulations 4 and 5, come into operation on the day on which they are made.

(2)Regulations 4 and 5 come into operation on 27 March 2023.

4Secretary to record demerit points

(1)In regulation 73(1)(b) of the Road Safety (Drivers) Regulations 2019[1], after "has been paid" insert "in accordance with the Infringements Act 2006 or Fines Reform Act 2014".

(2)After regulation 73(1)(b) of the Road Safety (Drivers) Regulations 2019 insert—

"(ba)the person has, in relation to a relevant offence, made the relevant first infringement payment; or

(bb)an infringement notice issued to the person in relation to a relevant offence has been withdrawn by an enforcement agency under section 25(2)(b) or (c) of the Infringements Act 2006; or".

(3)After regulation 73(3) of the Road Safety (Drivers) Regulations 2019 insert—

"(4)In this regulation—

relevant first infringement payment means the first payment made in accordance with a payment plan under Part 3 of the Infringements Act 2006 or a payment arrangement under Part 5 of the Fines Reform Act 2014 that is—

(a)subsequently reversed; or

(b)the subject of a chargeback; or

(c)dishonoured.".

5Cancellation of demerit points

At the end of regulation 78 of the Road Safety (Drivers) Regulations 2019 insert—

"(2)Subregulation (1)(a) does not apply if the enforcement of the infringement fine for the infringement notice served on the person is cancelled under section 37(1)(b) of the Fines Reform Act 2014 on an application for an enforcement review made on the basis of section 32(1)(b) of that Act.".

6Schedule 3—Demerit points

In Schedule 3 to the Road Safety (Drivers) Regulations 2019—

(a)in item 20, in column 1—

(i)for "20km/h" substitute "20 km/h";

(ii)for "100km/h" substitute "110 km/h";

(b)in item 30, in column 2, after "144A(1)," insert "144A(1A),".

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Endnotes

[1] Reg. 4(1): 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, 51/2022, 98/2022 and 129/2022.