Road Safety (Drivers) and (General) Amendment Regulations 2022 (Vic)
Road Safety (Drivers) and (General) Amendment Regulations 2022
S.R. No. 19/2022
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Principal Regulations
Part 2—Amendment of Road Safety (Drivers) Regulations 2019
5Definitions
6Authorisation for holder of non-Victorian licence or permit
7Exceptions to authorisation under regulation 12
8Application for reduced period for which person is ineligible to be granted a driver licence or learner permit
9New regulations 35B, 35C, 35D and 35E inserted
10New regulation 39A and Division 5A of Part 2 inserted
11Restrictions affecting learner drivers
12Probationary driver must display P plates
13Information to be recorded by the Secretary
14Other grounds for variation, suspension or cancellation of driver licence or learner permit
15Application for a reduced disqualification or suspension
16Schedule 3—Demerit points
17Schedule 5—Offences which disqualify drivers from free 3 year full driver licence
Part 3—Amendment of Road Safety (General) Regulations 2019
18Part 2 heading substituted and renumbered
19New regulation 9A inserted
20New Part 2 heading inserted
21Schedule 6—Parking infringements
22Schedule 7—Traffic infringements
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Endnotes
STATUTORY RULES 2022
S.R. No. 19/2022
Road Safety Act 1986
Road Safety (Drivers) and (General) Amendment Regulations 2022
The Governor in Council makes the following Regulations:
Dated: 22 February 2022
Responsible Minister:
BEN CARROLL
Minister for Roads and Road SafetyALEXANDRA DEBELJAKOVIC
Clerk of the Executive Council
Part 1—Preliminary
1Objectives
The objectives of these Regulations are to amend the Road Safety (Drivers) Regulations 2019 and the Road Safety (General) Regulations 2019—
(a)as a consequence of the enactment of the Transport Legislation Miscellaneous Amendments Act 2021; and
(b)to specify infringement penalties for certain offences; and
(c)to make minor and technical amendments.
2Authorising provision
These Regulations are made under section 95 of the Road Safety Act 1986.
3Commencement
These Regulations come into operation on 1 March 2022.
4Principal Regulations
In these Regulations, the Road Safety (Drivers) Regulations 2019[1] are called the Principal Regulations.
Part 2—Amendment of Road Safety (Drivers) Regulations 2019
5Definitions
(1)In regulation 5(1) of the Principal Regulations—
(a)in the definition of corresponding novice driver, in paragraph (a), for "probationary basis" substitute "probationary or provisional basis";
(b)in the definition of supervising driver, in paragraph (b), for "a probationary or learner licence or permit" substitute "a probationary, provisional or learner licence or permit";
(c)insert the following definitions—
"commercial driving instructor (general) means a person who, for financial gain or in the course of any trade or business, is teaching a person who is driving a motor vehicle to drive that motor vehicle on a highway;
dual control vehicle means a motor vehicle that has duplicate pedals for—
(a)the footbrake; and
(b)if the motor vehicle has a manual transmission, the clutch—
fitted so that a driving instructor seated beside the driver may operate the footbrake readily and effectively and disengage the transmission of the motor vehicle;
local licence or permit has the same meaning as in section 25A(3) of the Act;
local probationary or provisional licence means a licence issued under the law of another State or a Territory authorising the holder to drive a motor vehicle on a highway on probation or that is a provisional licence;".
(2)In regulation 5(2) of the Principal Regulations, for "driver licence or learner permit" substitute "non‑Victorian licence or permit".
6Authorisation for holder of non-Victorian licence or permit
In regulation 12(2)(a) of the Principal Regulations, for "driver licence" (wherever occurring) substitute "licence".
7Exceptions to authorisation under regulation 12
For the note at the foot of regulation 13(7) of the Principal Regulations substitute—
"Note
Under section 18A of the Act, if a person is granted a driver licence or learner permit under the Act (a Victorian licence or permit), any non-Victorian licence or permit held by the person ceases to authorise the person to drive a motor vehicle on a highway unless—
(a)the Victorian licence or permit expires and the person has resided in Victoria for a period of less than 6 months; or
(b)the Secretary agrees to cancel the Victorian licence or permit at the request of the person and the person has resided in Victoria for a period of less than 6 months.".
8Application for reduced period for which person is ineligible to be granted a driver licence or learner permit
(1)In regulation 30(3)(a) of the Principal Regulations, for "driver licence or learner permit, or a class of driver licence or learner permit" substitute "local licence or permit, or a class of local licence or permit".
(2)For regulation 30(3)(c) of the Principal Regulations substitute—
"(c)whether the person is not otherwise, in Victoria or another jurisdiction—
(i)disqualified from driving; or
(ii)disqualified from obtaining a driver licence or learner permit or local licence or permit; or
(iii)subject to a suspension relating to a driver licence or learner permit or local licence or permit.".
9New regulations 35B, 35C, 35D and 35E inserted
After regulation 35A of the Principal Regulations insert—
35BPower of driving instructor to require person subject to alcohol interlock condition to prove not alcohol affected in certain circumstances"
For the purposes of regulation 35C or 35D, a driving instructor may require a person to comply with any requirements that the driving instructor reasonably believes are necessary for the driving instructor to be satisfied that—
(a)the person is not affected by alcohol; and
(b)the driving assessment or driving supervision can be undertaken safely.
35CRequirements for the assessment of a driver who is subject to an alcohol interlock condition
(1)For the purposes of section 50AAD(3B)(a)(i) and (b) of the Act and subject to subregulation (2), a person drives the vehicle in accordance with the regulations if—
(a)the driving assessment is conducted by or in the presence of a driving instructor who is—
(i)a commercial driving instructor (general); or
(ii)a person authorised in writing by the Secretary for the purpose of this regulation; or
(iii)a member of a class of persons authorised in writing by the Secretary for the purposes of this regulation; and
(b)the person complies with any requirements of the driving instructor under regulation 35B.
(2)The driving assessment must be conducted by or in the presence of a commercial driving instructor (general) in a motor vehicle that is a dual control vehicle if—
(a)the motor vehicle to be driven during the driving assessment is not a motor cycle; and
(b)the person—
(i)holds a driver licence or learner permit authorising the person to drive the same category of motor vehicle as that which is to be driven during the driving assessment; or
(ii)has requested that an approved alcohol interlock be fitted to a motor vehicle of the same category of motor vehicle as that which is to be driven during the driving assessment.
35DRequirements for the supervision of a driver who is subject to an alcohol interlock condition
(1)For the purposes of section 50AAD(3B)(a)(ii) and (b) of the Act and subject to subregulation (2), a person drives the vehicle in accordance with the regulations if—
(a)the person is supervised by a driving instructor who is—
(i)a commercial driving instructor (general); or
(ii)a person authorised in writing by the Secretary for the purpose of this regulation; or
(iii)a member of a class of persons authorised in writing by the Secretary for the purposes of this regulation; and
(b)the person complies with any requirements of the driving instructor under regulation 35B.
(2)The person must be supervised by a commercial driving instructor (general) in a motor vehicle that is a dual control vehicle if—
(a)the motor vehicle to be driven under supervision is not a motor cycle; and
(b)the person—
(i)holds a driver licence or learner permit authorising the person to drive the same category of motor vehicle as that which is to be driven under supervision; or
(ii)has requested that an approved alcohol interlock be fitted to a motor vehicle of the same category of motor vehicle as that which is to be driven under supervision.
35ETransfer of approval of alcohol interlock supplier
For the purposes of section 50AAEC(3)(b) of the Act, an application to the Secretary for the transfer of approval of an approved alcohol interlock supplier must be accompanied by any evidence the Secretary reasonably requires to determine if the transfer is appropriate, including evidence relating to the matters set out in section 50AAE(5) and (6) of the Act.".
10New regulation 39A and Division 5A of Part 2 inserted
After regulation 39 of the Principal Regulations insert—
"39A Transfer of approval of provider—behaviour change program
For the purposes of section 58KA(3)(b) of the Act, an application to the Secretary for the transfer of approval of an approved provider for a behaviour change program must be accompanied by any evidence the Secretary reasonably requires to determine if the transfer is appropriate, including evidence relating to the matters determined by the Secretary under section 58J(2) of the Act.
Division 5A—Safe driving program
39BTransfer of approval of provider—safe driving program
For the purposes of section 84BQA(3)(b) of the Act, an application to the Secretary for the transfer of approval of an approved provider for a safe driving program must be accompanied by any evidence the Secretary reasonably requires to determine if the transfer is appropriate, including evidence relating to the matters determined by the Secretary under section 84BP(2) of the Act.".
11Restrictions affecting learner drivers
Regulation 47(2) of the Principal Regulations is revoked.
12Probationary driver must display P plates
In regulation 56(1) and (2) of the Principal Regulations, for "driver licence issued on a probationary basis in another jurisdiction" substitute "local probationary or provisional licence".
13Information to be recorded by the Secretary
For regulation 67(1)(e) of the Principal Regulations substitute—
"(e)if a person holds a driver licence or learner permit issued under the Act or a non-Victorian licence or permit, any information contained in the licence or permit, including—
(i)the licence or permit number; and
(ii)the category or categories of the licence or permit; and
(iii)the commencement date of the licence or permit; and
(iv)the expiry date of the licence or permit; and
(v)any condition to which the licence or permit is subject; and
(vi)any period for which the licence is probationary or provisional.".
14Other grounds for variation, suspension or cancellation of driver licence or learner permit
(1)In regulation 81(3)(a) of the Principal Regulations, for "driver licence or learner permit" substitute "local licence or permit".
(2)In regulation 81(6) of the Principal Regulations, for "driver licence or learner permit" (where secondly occurring) substitute "non-Victorian licence or permit".
15Application for a reduced disqualification or suspension
In regulation 85(1)(a)(ii), (iii) and (iv) of the Principal Regulations, for "driver licence or learner permit" substitute "local licence or permit".
16Schedule 3—Demerit points
In the table in Schedule 3 to the Principal Regulations, for item 21 substitute—
| "21 | Learner driver driving a motor vehicle (other than a tractor or motor cycle) without an appropriate supervising driver sitting beside the driver | RSA 18AB(1) | 3". |
17Schedule 5—Offences which disqualify drivers from free 3 year full driver licence
In Schedule 5 to the Principal Regulations, under the heading "Road Safety Act 1986"—
(a)for "19(5), (7), (7AA) and (8)" substitute "19(5), (7), (7B) and (8)";
(b)for "59(1)" substitute "59(2)".
Part 3—Amendment of Road Safety (General) Regulations 2019
18Part 2 heading substituted and renumbered
For the heading to Part 2 of the Road Safety (General) Regulations 2019[2] substitute—
"Part 1A—Suspension and disqualification notices".
19New regulation 9A inserted
After regulation 9 of the Road Safety (General) Regulations 2019 insert—
"9A Notice of disqualification
For the purposes of section 85ZK(1)(b) of the Act, the prescribed particulars are the following—
(a)the name and address of the person to whom the notice is issued;
(b)a statement of the alleged offence;
(c)in the case of an alleged offence under section 49(1)(b), (bc), (f), (g) or (j) of the Act, the alleged concentration of alcohol present in the blood or breath (as the case requires) of the person;
(d)in the case of an alleged offence that is a relevant speeding offence within the meaning of section 85ZE(3) of the Act—
(i)the alleged speed at which the motor vehicle was driven; and
(ii)the applicable speed limit;
(e)in the case of an alleged offence that is a relevant offence within the meaning of section 85ZH(4) of the Act—
(i)the rank of the senior police officer who issued the notice (being of or above the rank of sergeant, as referred to in section 13(j) of the Victoria Police Act 2013); and
(ii)a statement indicating that the senior police officer is reasonably satisfied that—
(A)the person to whom the notice is issued used a motor vehicle in the commission of the relevant offence resulting in injury or death; and
(B)the person to whom the notice is issued is an unacceptable risk to road safety until the charge for the alleged offence is determined;
(f)whether the person to whom the notice is issued holds a non-Victorian licence or permit;
(g)a statement advising that the person to whom the notice is issued may appeal to the Magistrates' Court under section 85ZQ of the Act against the decision to disqualify the person from obtaining a driver licence or learner permit;
(h)the name and signature of the person who issued the notice;
(i)the date the notice was issued to the person.".
20New Part 2 heading inserted
Before regulation 10 of the Road Safety (General) Regulations 2019 insert—
"Part 2—Evidence relating to alcohol and drug offences".
21Schedule 6—Parking infringements
(1)In Schedule 6 to the Road Safety (General) Regulations 2019, for "In this Schedule, RR means the Road Safety Road Rules 2017." substitute—
"In this Schedule—
RR means the Road Safety Road Rules 2017;
RSA means the Road Safety Act 1986.".
(2)After item 108 of Schedule 6 to the Road Safety (General) Regulations 2019 insert—
| "109 | 0618 | RSA 90E | 1 penalty unit | Parked or standing in a council controlled area contrary to a parking sign". |
(3)The note at the foot of Schedule 6 to the Road Safety (General) Regulations 2019 is revoked.
22Schedule 7—Traffic infringements
In Schedule 7 to the Road Safety (General) Regulations 2019—
(a)in items 120 and 121, in Column 5, for paragraph (d) substitute—
"(d)the person—
(i)holds a full driver licence; or
(ii)has not held a full driver licence for more than 6 months because the person failed to renew their licence; or
(iii)is the holder of a full licence issued in another jurisdiction or country, is not subject to a zero alcohol concentration requirement, is authorised by the regulations to drive and has resided in Victoria for less than 12 months; and";
(b)in item 130, in Column 5, for "an accompanying licensed driver" substitute "a commercial driving instructor or a supervising driver";
(c)for items 139 and 140 substitute—
| "139 | 2105 | RSA 18 | 2×5 penalty units | Unlicensed driving in the circumstances set out in RSA 18(2A) |
| 140 | 2106 | RSA 18 | 2×5 penalty units | Unlicensed driving in the circumstances set out in RSA 18(2)"; |
(d)for item 143 substitute—
| "143 | 2108 | RSA 59(1)(a), (1)(ab) and (2), TCMA 216(1)(a) and (2) | 1 penalty unit | Fail to produce licence, learner permit or other document on request or within 7 days"; |
(e)for item 154 substitute—
| "154 | 8325 | RSA 18AB(1) | 5 penalty units | Learner driver driving without appropriate supervising driver sitting beside the driver"; |
(f)after item 177 insert—
| "177A | 2159 | RSA 19(7) | 0×5 penalty unit | Person to whom RSA 52 applies by way of RSA 52(1B) or (1BB) failing to have licence in the person's possession while driving or in charge of motor vehicle |
| 177B | 2160 | RSA 19(7A) | 0×5 penalty unit | Interstate licence or permit holder who is subject to an interstate alcohol interlock requirement failing to have licence or permit in their 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 and 121/2021.
[2] Reg. 18: S.R. No. 88/2019 as amended by S.R. Nos 104/2019, 172/2019, 105/2020, 123/2020, 36/2021, 121/2021 and 136/2021.
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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 2021 is $181.74.
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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