Road Safety (Drivers) and (General) Amendment (Motor Cycle Graduated Licensing System) Regulations 2014 (Vic)

Road Safety (Drivers) and (General) Amendment (Motor Cycle Graduated Licensing System) Regulations 2014

S.R. No. 144/2014

TABLE OF PROVISIONS

Regulation  Page

PART 1—PRELIMINARY

1Objective

2Authorising provision

3Commencement

PART 2—AMENDMENTS TO THE ROAD SAFETY (DRIVERS) REGULATIONS 2009

4Restrictions affecting certain motor cycle riders

5Towing of vehicles by P1 probationary drivers

6Amendment of Schedule 2—codes used to indicate driver licence or learner permit subject to conditions

7Amendment of Schedule 3—demerit points

PART 3—AMENDMENTS TO THE ROAD SAFETY (GENERAL) REGULATIONS 2009

8Amendment of Schedule 7—traffic infringements

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 144/2014

Road Safety Act 1986

Road Safety (Drivers) and (General) Amendment (Motor Cycle Graduated Licensing System) Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 23 September 2014

Responsible Minister:

TERRY MULDER
Minister for Roads

YVETTE CARISBROOKE

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to amend the Road Safety (Drivers) Regulations 2009 and the Road Safety (General) Regulations 2009 to provide further restrictions and offences relating to the graduated licensing system for motor cycle riders.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 October 2014.

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PART 2—AMENDMENTS TO THE ROAD SAFETY (DRIVERS) REGULATIONS 2009

4Restrictions affecting certain motor cycle riders

(1)In regulation 58(1) of the Road Safety (Drivers) Regulations 2009[1], after "12 months" insert "(where the licence was issued before 1 October 2014)".

(2)After regulation 58(1) of the Road Safety (Drivers) Regulations 2009 insert—

"(1A)A person who has held a motor cycle licence for a period of less than 3 years (where the licence was issued on or after 1 October 2014) must not—

(a)drive a motor cycle other than a learner approved motor cycle; or

(b)drive a motor cycle on which there is a pillion passenger; or

(c)drive a motor cycle unless the headlights of the motor cycle are on at all times.

Penalty:10 penalty units.".

(3)In regulation 58(2) of the Road Safety (Drivers) Regulations 2009—

(a)in paragraph (b), for "passenger." substitute "passenger; or";

(b)after paragraph (b) insert—

"(c)drive a motor cycle unless the headlights of the motor cycle are on at all times; or

(d)drive a motor cycle unless the driver is wearing an approved high visibility vest or jacket that is visible and is securely fitted and fastened.".

(4)In regulation 58(4) of the Road Safety (Drivers) Regulations 2009 for "Subregulations (1)(a) and (2)(a)" substitute "Subregulations (1)(a), (1A)(a), (2)(a), (2)(c) and (2)(d)".

(5)In regulation 58(6) of the Road Safety (Drivers) Regulations 2009 after "subregulation (1)" insert "or (1A)".

(6)After regulation 58(6) of the Road Safety (Drivers) Regulations 2009 insert—

'(7)In this regulation approved high visibility vest or jacket means a high visibility vest or jacket that meets and is labelled or marked to indicate that it meets at least one of the following standards for day and night high visibility garments and apparel—

(a)AS/ANZ 4602.1:2011;

(b)International Standard ISO20471:2013 "High visibility clothing—Test methods and requirements";

(c)American National Standard ANSI/ISEA 207-2011 "American National Standard for High Visibility Public Safety Vests";

(d)American National Standard ANSI/ISEA 107-2010 "American National Standard for High Visibility Safety Apparel and Headwear".'.

5Towing of vehicles by P1 probationary drivers

(1)In the heading to regulation 59 of the Road Safety (Drivers) Regulations 2009, for "P1 probationary" substitute "certain".

(2)In regulation 59 of the Road Safety (Drivers) Regulations 2009, for "P1 probationary driver licence" substitute "P1 probationary car driver licence, or the holder of a motor cycle licence that was issued on or after 1 October 2014 who has held the motor cycle licence for a period of less than 3 years,".

6Amendment of Schedule 2—codes used to indicate driver licence or learner permit subject to conditions

(1)In Schedule 2 to the Road Safety (Drivers) Regulations 2009, in Column 2 of the row marked "E" in Column 1—

(a)In paragraph (b), for "pillion passenger—" substitute "pillion passenger; and";

(b)After paragraph (b) insert—

"(c)must not drive a motor cycle unless the headlights of the motor cycle are on at all times—".

(2)In Schedule 2 to the Road Safety (Drivers) Regulations 2009 insert the following row after the row marked "I" in Column 1—

"N That the driver must drive a motor cycle with an automatic transmission.".

7Amendment of Schedule 3—demerit points

(1)In Schedule 3 to the Road Safety (Drivers) Regulations 2009, in item 30, in Column 2, after "58(1)(a)," insert "58(1A)(a),".

(2)In Schedule 3 to the Road Safety (Drivers) Regulations 2009, in item 31, in Column 2, after "58(1)(b)," insert "58(1A)(b),".

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PART 3—AMENDMENTS TO THE ROAD SAFETY (GENERAL) REGULATIONS 2009

8Amendment of Schedule 7—traffic infringements

(1)In Schedule 7 to the Road Safety (General) Regulations 2009[2], after item 71 insert—

"71A 2533 Holder of motor cycle licence for less than 3 years carrying a pillion passenger RS(D)R 58(1A)(b) 3 penalty units ".

(2)In Schedule 7 to the Road Safety (General) Regulations 2009, after item 72 insert—

"72A	2534	Holder of motor cycle licence for less than 3 years driving without headlights on	RS(D)R 58(1A)(c)	1 penalty unit
72B	2535	Holder of motor cycle learner permit driving without headlights on	RS(D)R 58(2)(c)	1 penalty unit
72C	2536	Holder of motor cycle learner permit driving without wearing a securely fitted and fastened approved high visibility vest or jacket	RS(D)R 58(2)(d)	1 penalty unit ".

(3)In Schedule 7 to the Road Safety (General) Regulations 2009, after item 133 insert—

"133A 2537 Holder of motor cycle licence for less than 3 years driving motor cycle that is not a learner approved motor cycle RS(D)R 58(1A)(a) 2 penalty units ".

(4)In Schedule 7 to the Road Safety (General) Regulations 2009, after item 135 insert—

"135A 2538 Holder of motor cycle licence for less than 3 years towing another vehicle RS(D)R 59 2 penalty units ".

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ENDNOTES

[1] Reg. 4(1): 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, 135/2013, 150/2013, 153/2013, 174/2013, 175/2013, 27/2014, 46/2014, 84/2014 and 85/2014.

[2] Reg. 8(1): S.R. No. 115/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 84/2012. Subsequently amended by S.R. Nos 118/2013, 135/2013, 150/2013, 153/2013 and 67/2014.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 4(6) definition of approved high visibility vest or jacket in regulation 58	Australia/New Zealand Standard AS/ANZ 4602.1: 2011 "High visibility safety garments Part 1: Garments for high risk applications", as amended from time to time	The whole
International Standard ISO20471:2013 "High visibility clothing—Test methods and requirements" published by the International Organisation for Standardisation on 1 June 2013, as amended from time to time	The whole

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
American National Standard ANSI/ISEA 207-2011 "American National Standard for High Visibility Public Safety Vests" published by the International Safety Equipment Association on 17 October 2011, as amended from time to time	The whole
American National Standard ANSI/ISEA 107-2010 "American National Standard for High Visibility Safety Apparel and Headwear" published by the International Safety Equipment Association on 8 January 2010, as amended from time to time	The whole