Road Safety (Drivers) Amendment (Variation of Driver Licence and Learner Permit) Regulations 2014 (Vic)

Road Safety (Drivers) Amendment (Variation of Driver Licence and Learner Permit) Regulations 2014

S.R. No. 27/2014

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Issue of document upon grant, variation or renewal of driver licence or learner permit

6Variation, suspension or cancellation of driver licence or
learner permit on the ground that person is unfit to drive or
that is dangerous for person to drive

7Other grounds for variation, suspension or cancellation of
driver licence or learner permit

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

9New regulation 80A inserted

80AVariation of driver licence or learner permit

10Definitions for Part 4

11Amendment to Schedule 5—General Fees

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 27/2014

Road Safety Act 1986

Road Safety (Drivers) Amendment (Variation of Driver Licence and Learner Permit) Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 6 May 2014

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 in relation to the variation of driver licences and learner permits.

2Authorising provision

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

3Commencement

These Regulations come into operation on 6 May 2014.

4Principal Regulations

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

5Issue of document upon grant, variation or renewal of driver licence or learner permit

(1)In the heading to regulation 62 of the Principal Regulations omit "grant or renewal of".

(2)In regulation 62(1) of the Principal Regulations omit "to grant or renew a".

(3)In regulation 62(2)(b) of the Principal Regulations, for "the grant" substitute

"the variation, grant".

(4)In regulation 62(3) of the Principal Regulations omit "renew a".

6Variation, suspension or cancellation of driver licence or learner permit on the ground that person is unfit to drive or that is dangerous for person to drive

(1)In regulation 78(1) of the Principal Regulations omit "suspend or cancel a person's" (where secondly occurring).

(2)In regulation 78(2) of the Principal Regulations omit "suspend or cancel a person's" (where secondly occurring).

(3)In regulation 78(3) of the Principal Regulations omit "suspend a person's".

7Other grounds for variation, suspension or cancellation of driver licence or learner permit

In regulation 79(1) of the Principal Regulations omit "suspend or cancel a person's" (where secondly occurring).

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

(1)In the heading to regulation 80 of the Principal Regulations omit "suspension or cancellation of" (where secondly occurring).

(2)In regulation 80(1) of the Principal Regulations—

(a)after "subregulation (2)" insert
"and regulation 80A"; and

(b)for paragraph (a) substitute—

"(a)decides to vary the licence or permit by imposing a new condition on it, other than if the Corporation decides to vary the licence or permit on any of the grounds under regulation 78(2); or".

9New regulation 80A inserted

After regulation 80 of the Principal Regulations insert—

"80A   Variation of driver licence or learner permit

(1)If the Corporation varies a driver licence or learner permit on any of the grounds under regulation 78(2), the Corporation must give written notice to the holder of the driver licence or learner permit stating the details of the variation of the licence or permit including—

(a)the reasons for the variation of the licence or permit; and

(b)that the notice takes effect immediately upon service of the notice or on a later date specified in the notice; and

(c)the conditions, if any, to which the licence or permit is subject; and

(d)any actions that the holder of the licence or permit must take to comply with any conditions imposed on the licence or permit; and

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

(2)A notice of variation of a driver licence or learner permit that is served on the holder of the licence or permit under this regulation takes effect immediately upon service of the notice or on a later date specified in the notice.".

10Definitions for Part 4

In regulation 82 of the Principal Regulations in paragraph (c) of the definition of relevant decision omit "to suspend or cancel a person's".

11Amendment to Schedule 5—General Fees

In item 12 of Schedule 5 to the Principal Regulations, in the column headed "Description of fee"—

(a)after "driver licence" insert "or learner permit"; and

(b)after "the licence" insert "or permit"; and

(c)after "restrictive licence" insert "or permit".

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ENDNOTES

[1] Reg. 4: 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, 59/2013, 135/2013, 150/2013, 153/2013, 174/2013 and 175/2013.