Road Safety (Drivers) and (General) Amendment (Digital Driver Licence) Regulations 2025 (Vic)
Road Safety (Drivers) and (General) Amendment (Digital Driver Licence) Regulations 2025
S.R. No. 15/2025
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Principal Regulations
Part 2—Road Safety (Drivers) Regulations 2019
5Category of driver licence or learner permit may be shown by code
6Authorisation for holder of non-Victorian licence or permit
7Applicants who have a licence or permit issued outside Victoria
8Regulation 28 substituted
9Conditions of driver licences or learner permits
10Surrender and cancellation of driver licence or learner permit
11Term of learner permit
12Regulation 45 substituted
13Issue of document upon grant, variation or renewal of driver licence or learner permit and cessation of suspension of driver licence or learner permit
14Form of driver licence or learner permit document
15Replacement or correction of driver licence or learner permit document
16Verification of records
17Exemption for consular or diplomatic staff
18Notification of too many demerit points
19Procedure for variation, suspension or cancellation of driver licence or learner permit
20Regulation 83 substituted
21Schedule 2—Codes used to indicate driver licence or learner permit subject to conditions
22Schedule 6—General fees
Part 3—Road Safety (General) Regulations 2019
23Evidence of identity and entitlement to recover vehicle
24Schedule 7 amended
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Endnotes
STATUTORY RULES 2025
S.R. No. 15/2025
Road Safety Act 1986
Road Safety (Drivers) and (General) Amendment (Digital Driver Licence) Regulations 2025
The Governor in Council makes the following Regulations:
Dated: 1 April 2025
Responsible Minister:
MELISSA HORNE
Minister for Roads and Road SafetySAMUAL WALLACE
Clerk of the Executive Council
PART 1—PRELIMINARY
1Objective
The objective of these Regulations is to amend the Road Safety (Drivers) Regulations 2019 and the Road Safety (General) Regulations 2019 to make provision for digital driver licences.
2Authorising provision
These Regulations are made under section 95 of the Road Safety Act 1986.
3Commencement
These Regulations come into operation on 3 April 2025.
4Principal Regulations
In these Regulations, the Road Safety (Drivers) Regulations 2019[1] are called the Principal Regulations.
PART 2—ROAD SAFETY (DRIVERS) REGULATIONS 2019
5Category of driver licence or learner permit may be shown by code
In regulation 8 of the Principal Regulations, for "may be shown on a driver licence or learner permit" substitute "may be shown on a driver licence document or learner permit document".
6Authorisation for holder of non-Victorian licence or permit
(1)In regulation 12(1)(c) of the Principal Regulations, for "licence" (where secondly occurring) substitute "licence document".
(2)In regulation 12(2)(c) of the Principal Regulations, for "licence" substitute "licence document".
(3)In regulation 12(3) of the Principal Regulations, for "licence" (where first occurring) substitute "licence document".
7Applicants who have a licence or permit issued outside Victoria
In regulation 27(2)(b) of the Principal Regulations, for "non-Victorian licence or permit" substitute "non-Victorian physical licence or permit document".
8Regulation 28 substituted
For regulation 28 of the Principal Regulations substitute—
"28 Grant of driver licence or learner permit after surrender or defacement
If the Secretary has required an applicant to surrender a non-Victorian licence or permit under regulation 27(2)(a), or to deface a non‑Victorian licence or permit document under regulation 27(2)(b), the Secretary—
(a)may grant the applicant a driver licence or learner permit with an expiry date that is the same as the expiry date of the non-Victorian licence or permit; and
(b)must waive the fee payable under section 21A of the Act or item 10 of Schedule 6 (as the case requires) if the non-Victorian licence or permit was an Australian driver licence or learner permit.".
9Conditions of driver licences or learner permits
(1)In regulation 29(1) of the Principal Regulations, after "permit" (where secondly occurring) insert "document".
(2)In regulation 29(2) of the Principal Regulations, after "permit" (where first occurring) insert "document".
10Surrender and cancellation of driver licence or learner permit
In regulation 43(3) of the Principal Regulations, for "driver licence document or learner permit document" substitute "physical driver licence document or physical learner permit document".
11Term of learner permit
In regulation 44(3) of the Principal Regulations, after "permit" (where secondly occurring) insert "document".
12Regulation 45 substituted
For regulation 45 of the Principal Regulations substitute—
"45 Surrender of physical learner permit document
A person who holds a learner permit must, if required by the Secretary, surrender the physical learner permit document to the Secretary if the person is granted a driver licence.".
13Issue of document upon grant, variation or renewal of driver licence or learner permit and cessation of suspension of driver licence or learner permit
In regulation 62(3)(a) and (b) of the Principal Regulations, for "driver licence or learner permit document" substitute "physical driver licence document or physical learner permit document".
14Form of driver licence or learner permit document
(1)In regulation 63(1) of the Principal Regulations, for "driver licence or learner permit document" substitute "physical driver licence document or physical learner permit document".
(2)After regulation 63(2) of the Principal Regulations insert—
"(3)A digital driver licence document or digital learner permit document issued to a person must show—
(a)the details specified in subregulation (1)(a) to (i); and
(b)if the person holds a probationary driver licence—the date on which the P1 probationary period or P2 probationary period expires (as the case requires); and
(c)whether the person's driver licence or learner permit is current or—
(i)has expired; or
(ii)is suspended; or
(iii)has been cancelled; or
(iv)has been surrendered; and
(d)the card number of the physical driver licence document or physical learner permit document issued to the person (as the case requires).".
15Replacement or correction of driver licence or learner permit document
(1)In regulation 64(1) of the Principal Regulations, for "licence or permit document" substitute "physical driver licence document or physical learner permit document".
(2)In regulation 64(3)(b) and (4) of the Principal Regulations, for "replacement driver licence or a replacement learner permit document" substitute "replacement physical driver licence document or a replacement physical learner permit document".
(3)In regulation 64(3)(c) of the Principal Regulations, after "original" insert "physical".
(4)In regulation 64(4)(a) of the Principal Regulations, for "relevant driver licence or learner permit document" substitute "relevant physical driver licence document or physical learner permit document".
(5)In regulation 64(5) of the Principal Regulations, for "replacement driver licence or a replacement learner permit document" substitute "replacement physical driver licence document or a replacement physical learner permit document".
(6)In regulation 64(6) and (7)(b) of the Principal Regulations, for "replacement driver licence or replacement learner permit document" substitute "replacement physical driver licence document or replacement physical learner permit document".
16Verification of records
After regulation 70(4) of the Principal Regulations insert—
"(4A)Nothing in subregulation (2)(b) requires the person to give the Secretary the electronic device on which the digital licence or permit document is displayed.".
17Exemption for consular or diplomatic staff
In regulation 71(2)(c) of the Principal Regulations, for "driver licence or learner permit document" substitute "physical driver licence document or physical learner permit document".
18Notification of too many demerit points
In regulation 77(2)(e) of the Principal Regulations, for "take the driver licence or learner permit" substitute "take the physical driver licence document or physical learner permit document".
19Procedure for variation, suspension or cancellation of driver licence or learner permit
In regulation 82(4)(e) of the Principal Regulations, for "licence or permit" substitute "physical driver licence document or physical learner permit document".
20Regulation 83 substituted
For regulation 83 of the Principal Regulations substitute—
"83 Return of physical driver licence document or physical learner permit document
(1)If a person's driver licence or learner permit is suspended or cancelled by the Secretary or a court, the person must upon being given or served with a notice of the suspension or cancellation—
(a)if the notice is served personally by a police officer, an employee in the Department or an officer of the court, give the physical driver licence document or physical learner permit document immediately to the person who served the notice; or
(b)in any other case, send or take the physical driver licence document or physical learner permit document to the place specified in the notice within the time specified in the notice.
Penalty:3 penalty units.
(2)Nothing in subregulation (1) requires a person—
(a)to give the electronic device on which the digital licence or permit document is displayed to a person referred to in subregulation (1)(a); or
(b)to send or take the electronic device on which the digital licence or permit document is displayed to a place specified in a notice under subregulation (1)(b).".
21Schedule 2—Codes used to indicate driver licence or learner permit subject to conditions
In Column 2 of Schedule 2 to the Principal Regulations, after "RIDER or R" insert ", or the condition code E".
22Schedule 6—General fees
In items 11 and 12 of Schedule 6 to the Principal Regulations, after "replacement" insert "physical".
PART 3—ROAD SAFETY (GENERAL) REGULATIONS 2019
23Evidence of identity and entitlement to recover vehicle
In regulation 56 of the Road Safety (General) Regulations 2019[2]—
(a)in subregulation (1)(a)—
(i)after "production" insert "or display (as the case requires)";
(ii)for "driver licence or learner permit" substitute "driver licence document or learner permit document";
(b)in subregulation (2)(a)(i), for "driver licence or learner permit" substitute "driver licence document or learner permit document".
24Schedule 7 amended
(1)In item 138 of Schedule 7 to the Road Safety (General) Regulations 2019, in Column 5, for "licence or learner permit" substitute "physical driver licence document or physical learner permit document".
(2)In item 142 of Schedule 7 to the Road Safety (General) Regulations 2019, in Column 5, after "permit" insert "document".
(3)In item 143 of Schedule 7 to the Road Safety (General) Regulations 2019, in Column 5—
(a)after "produce" insert "or display";
(b)for "licence, learner permit" substitute "driver licence document, learner permit document".
(4)In item 144 of Schedule 7 to the Road Safety (General) Regulations 2019, in Column 5, for "licence in his or her possession" substitute "probationary driver licence document in their possession".
(5)In item 177A of Schedule 7 to the Road Safety (General) Regulations 2019, in Column 5, for "licence" substitute "driver licence document or learner permit document".
(6)In item 177B of Schedule 7 to the Road Safety (General) Regulations 2019, in Column 5, for "licence or permit" (where secondly occurring) substitute "driver licence document or learner permit document".
(7)In item 178 of Schedule 7 to the Road Safety (General) Regulations 2019, in Column 5, for "licence" substitute "driver licence document".
(8)In item 179 of Schedule 7 to the Road Safety (General) Regulations 2019, in Column 5, for "learner permit in the person's possession while driving or in charge or motor vehicle" substitute "learner permit document in the person's possession while driving or in charge of a motor vehicle".
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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, 51/2022, 98/2022, 129/2022, 8/2023, 9/2023, 53/2023 and 43/2024.
[2] Reg. 23: S.R. No. 88/2019 as amended by S.R. Nos 104/2019, 172/2019, 105/2020, 123/2020, 36/2021, 121/2021, 136/2021, 19/2022, 31/2022, 47/2022, 106/2022, 8/2023, 23/2023, 67/2023, 60/2024 and 102/2024.
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Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty 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 penalty 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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