Road Safety (Drivers) and (General) Amendment Regulations 2023 (Vic)

Road Safety (Drivers) and (General) Amendment Regulations 2023

S.R. No. 8/2023

table of provisions

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

Part 2—Amendment of Road Safety (Drivers) Regulations 2019

4Schedule 3—Demerit points

5Schedule 4—Demerit points for relevant interstate offences

Part 3—Amendment of Road Safety (General) Regulations 2019

6Definitions

7Heading to Part 1A substituted

8New regulation 9B inserted

9Offences detected by road safety cameras or prescribed processes—operator onus offences

10Prescribed road safety cameras

11New Division 4A of Part 3 inserted

12Process for production of printed image

13Schedule 7—Traffic infringements

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Endnotes

statutory rules 2023

S.R. No. 8/2023

Road Safety Act 1986

Road Safety (Drivers) and (General) 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

Part 1—Preliminary

1Objectives

The objectives of these Regulations are—

(a)to amend the Road Safety (Drivers) Regulations 2019 to update the references to road safety offences in relation to demerit points; and

(b)to amend the Road Safety (General) Regulations 2019—

(i)to prescribe requirements in relation to a notice of intention to raise a seatbelt exemption under the Road Safety Act 1986 in a proceeding for a camera detected seatbelt offence; and

(ii)to prescribe new offences to be operator onus offences for the purposes of section 66 of the Road Safety Act 1986; and

(iii)to prescribe new types of road safety camera; and

(iv)to prescribe procedures for the detection of offences relating to—

(A)wearing a seatbelt in motor vehicles; and

(B)touching a portable device in motor vehicles; and

(C)having a portable device resting on the body of the driver of a motor vehicle, on clothes worn by the driver or on an item in the driver's lap; and

(v)to provide for the prescribed manner of use of a relocatable digital RSC; and

(vi)regarding the destruction and storage of images and messages produced by a relocatable digital RSC; and

(vii)to make amendments consequential to the making of the Road Safety Road Rules Amendment Rules 2023; and

(viii)to prescribe road safety offences that may be dealt with by infringement notice and the penalty for those infringements.

2Authorising provision

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

3Commencement

These Regulations commence on 31 March 2023.

Part 2—Amendment of Road Safety (Drivers) Regulations 2019

4Schedule 3—Demerit points

In the table in Schedule 3 to the Road Safety (Drivers) Regulations 2019[1]—

(a)omit item 4;

(b)for item 5 substitute—

"5 Operating, touching or looking at a device when prohibited from doing so RR 304H(1), 304I(1), 304I(4), 304J(1), 304J(2), 304J(3), 304K(1), 304K(2) and 304KA 4";

(c)in item 8, for "passengers" substitute "passenger";

(d)for item 9 substitute—

"9	Driving with unrestrained passenger	RR 264A(1)	3
9A	Driver occupying same seating position as a passenger	RR 263B(1)	3
9B	Driver failing to ensure passenger is not occupying the same seating position as another passenger or the driver	RR 263B(2)	3";

(e)in item 16, for "264" substitute "264(1)".

5Schedule 4—Demerit points for relevant interstate offences

In the table in Schedule 4 to the Road Safety (Drivers) Regulations 2019—

(a)for item 12 substitute—

"12 Driving with unrestrained passenger ARR 265(3), 266(1) 3";

(b)omit item 13;

(c)for item 17 substitute—

"17 Driver failing to occupy the driver's seating position with an approved seatbelt and failing to wear an approved seatbelt ARR 264 3";

(d)for item 21 substitute—

"21 Using, operating, touching or looking at a device when prohibited from doing so ARR 304H(1), 304I(1), 304I(3), 304J(1), 304J(2) and 304J(3) 3".

Part 3—Amendment of Road Safety (General) Regulations 2019

6Definitions

(1)In regulation 5 of the Road Safety (General) Regulations 2019[2] insert the following definitions—

"data processing unit means a computer that temporarily stores images taken by a relocatable digital RSC;

inbuilt device has the same meaning as in rule 304A of the Road Safety Road Rules 2017;

motor bike helmet device has the same meaning as in rule 304A of the Road Safety Road Rules 2017;

mounted device has the same meaning as in rule 304A of the Road Safety Road Rules 2017;

portable device has the same meaning as in rule 304A of the Road Safety Road Rules 2017;

relocatable digital RSC means the road safety camera system specified in regulation 32(o);

wearable device has the same meaning as in rule 304A of the Road Safety Road Rules 2017.".

(2)In regulation 5 of the Road Safety (General) Regulations 2019, in the definition of vehicle detector, for "a vehicle." substitute "a vehicle;".

7Heading to Part 1A substituted

For the heading to Part 1A of the Road Safety (General) Regulations 2019 substitute—

"Part 1A—Notices of suspension, notices of disqualification and notices of intention to raise a seatbelt exemption".

8New regulation 9B inserted

After regulation 9A of the Road Safety (General) Regulations 2019 insert—

"9B   Notice of intention to raise a seatbelt exemption

For the purposes of section 84AB(2) of the Act, the following matters are prescribed—

(a)the accused's name, date of birth and address;

(b)the number of the accused's driver licence or learner permit;

(c)the number of the traffic infringement notice issued in respect of the camera detected seatbelt offence;

(d)the reason for raising the matter relating to the exemption;

(e)any other evidence that supports the matter relating to the exemption.".

9Offences detected by road safety cameras or prescribed processes—operator onus offences

In regulation 31 of the Road Safety (General) Regulations 2019—

(a)in paragraph (d), for "registered." substitute "registered; and";

(b)after paragraph (d) insert—

"(e)an offence against the Road Safety Road Rules 2017 which involves a driver failing to wear a seatbelt; and

(f)an offence against the Road Safety Road Rules 2017 which involves a driver failing to ensure a passenger wears a seatbelt; and

(g)an offence against the Road Safety Road Rules 2017 which involves a driver touching a portable device when not permitted to do so; and

(h)an offence against the Road Safety Road Rules 2017 which involves a driver resting a portable device on the driver's body, on an item in the driver's lap, or on clothes worn by the driver .".

10Prescribed road safety cameras

In regulation 32 of the Road Safety (General) Regulations 2019—

(a)in paragraph (n), for "Halo." substitute "Halo;";

(b)after paragraph (n) insert—

"(o)the camera system known as the Jenoptik-One Task MobiCam DDS.".

11New Division 4A of Part 3 inserted

After Division 4 of Part 3 of the Road Safety (General) Regulations 2019 insert—

"Division 4A—Relocatable digital RSCs

40AUse of relocatable digital RSC

For the purposes of sections 80(1), 80A, 80B(2), 80C(2), 80D(2), 83A(1)(a) and 84(7) of the Act, the prescribed manner of use of a relocatable digital RSC is that—

(a)the relocatable digital RSC is used in accordance with operating instructions approved by a testing officer; and

(b)a person placing or removing the relocatable digital RSC—

(i)checks that the vehicle detectors have been placed in position as specified by a manufacturer of relocatable digital RSCs or by a person who distributes or maintains them; and

(ii)ensures that when the relocatable digital RSC is installed and left unattended, the data processing unit is kept in one or more locked housings; and

(c)a person placing or removing the relocatable digital RSC or switching on or resetting the relocatable digital RSC after it has been inoperable for any reason—

(i)checks the time, date and location code and makes any corrections that may be necessary to ensure that the correct data is recorded in the digital file; and

(ii)checks that the vehicle detectors are correctly responding to the movement of vehicles at the location in the relevant direction of travel.

40BDestruction of image or message produced by relocatable digital RSC

(1)Subject to regulation 40C(1), an image of, or message relating to, a natural person produced by a relocatable digital RSC that does not detect an offence specified in subregulation (4) must be destroyed within 24 hours of the image or message being produced by the relocatable digital RSC.

(2)Subject to regulation 40C(1), an image of, or message relating to, a natural person produced by a relocatable digital RSC must be destroyed within the time period specified in subregulation (3) if the image or message—

(a)initially detects an offence specified in subregulation (4); and

(b)it is subsequently established that the image or message does not detect an offence specified in subregulation (4).

(3)For the purposes of subregulation (2), the specified time period by which an image or message must be destroyed is (whichever is the earlier)—

(a)within 30 days of the date on which it is established in accordance with subregulation (2)(b) that the image or message does not detect an offence specified in subregulation (4); or

(b)within 12 months of the image or message being produced by the relocatable digital RSC.

(4)For the purposes of subregulations (1) and (2), the following offences are specified—

(a)a seatbelt offence referred to in rule 264(1) and 264A(1) of the Road Safety Road Rules 2017;

(b)a portable device offence referred to in rules 304J(1) and (3) of the Road Safety Road Rules 2017.

40CStorage of image or message produced by relocatable digital RSC

(1)An image or message referred to in regulation 40B(1) and (2) may be stored for a period not exceeding 6 months for the following purposes—

(a)to test or improve the operation of the relocatable digital RSC;

(b)to monitor the operations of a contractor under an administrative services agreement in accordance with Part 14A of the Fines Reform Act 2014.

(2)In this regulation—

administrative services agreement has the same meaning as in section 173A of the Fines Reform Act 2014;

contractor has the same meaning as in section 173A of the Fines Reform Act 2014.

40DReference to image or message produced by relocatable digital RSC

For the purposes of this Division, a reference to an image of or message relating to a natural person produced by a relocatable digital RSC includes a reference to any video related to or data associated with that image or message.".

12Process for production of printed image

In regulation 47(1) of the Road Safety (General) Regulations 2019, after "80A," insert "80B(2)(b), 80C(2)(b), 80D(2)(b),".

13Schedule 7—Traffic infringements

In the table in Schedule 7 to the Road Safety (General) Regulations 2019—

(a)omit items 92 and 93;

(b)after item 105 insert—

"105A	2591	RR 263B(1)	2 penalty units	Driver occupying same seating position as a passenger
105B	2592	RR 263B(2)	2 penalty units	Driver failing to ensure passenger is not occupying the same seating position as another passenger or the driver
105C	2593	RR 263B(3)	2 penalty units	Passenger 16 years or older occupying same seating position as another passenger or the driver";

(c)for item 106 substitute—

"106	2490	RR 264(1)	2 penalty units	Driver failing to occupy the driver's seating position with an approved seatbelt or failing to wear the approved seatbelt or both (natural person)
106A	2491	RR 264(1)	20 penalty units	Driver failing to occupy the driver's seating position with an approved seatbelt or failing to wear the approved seatbelt or both (body corporate)";

(d)for item 107 substitute—

"107 2092 RR 265(1) 2 penalty units Passenger 16 years or older failing to occupy a seating position with an approved seatbelt or failing to wear the approved seatbelt or both";

(e)for item 108 substitute—

"108	2492	RR 264A(1)	2 penalty units	Driver failing to ensure passenger is occupying a seating position with an approved seatbelt or wearing the approved seatbelt or both (natural person)
108A	2493	RR 264A(1)	20 penalty units	Driver failing to ensure passenger is occupying a seating position with an approved seatbelt or wearing the approved seatbelt or both (body corporate)";

(f)omit item 114;

(g)for item 115 substitute—

"115 7386 RR 266(1) 2 penalty units Driver failing to ensure passenger under 16 years old not appropriately secured";

(h)omit items 116, 205, 236 and 340;

(i)after item 349 insert—

"Use of devices
350	2594	RR 304H(1)	3 penalty units	Person in a motor vehicle operating an inbuilt device, a mounted device or a motor bike helmet device
351	2595	RR 304I(1)	3 penalty units	Driver operating a wearable device
352	2596	RR 304I(4)	3 penalty units	Driver looking at a wearable device display being operated by another person
353	2497	RR 304J(1)	3 penalty units	Driver touching a portable device (natural person)
354	2498	RR 304J(1)	20 penalty units	Driver touching a portable device (body corporate)
355	2597	RR 304J(2)	3 penalty units	Driver looking at a portable device display being operated by another person
356	2494	RR 304J(3)	3 penalty units	Driver having a portable device resting on the driver's body, clothes or lap (natural person)
357	2495	RR 304J(3)	20 penalty units	Driver having a portable device resting on the driver's body, clothes or lap (body corporate)
358	2598	RR 304K(1)	3 penalty units	Fully licensed driver operating a portable device other than by touching the device
359	2599	RR 304K(2)	3 penalty units	Fully licensed driver operating a portable device where likely to distract another driver
360	2600	RR 304KA	3 penalty units	Driver of a motor vehicle who is not a fully licensed driver using a portable device or permitting ongoing activity on the portable device
361	2610	RR 304L(1)	3 penalty units	Rider of bicycle or electric scooter or driver of a vehicle that is not a motor vehicle operating an inbuilt device, a mounted device or a motor bike helmet device
362	2611	RR 304M(1)	3 penalty units	Rider of bicycle or electric scooter or driver of a vehicle that is not a motor vehicle operating a wearable device
363	2612	RR 304N(1)	3 penalty units	Rider of bicycle or electric scooter or driver of a vehicle that is not a motor vehicle touching a portable device
364	2613	RR 304N(2)	3 penalty units	Rider of bicycle or electric scooter or driver of a vehicle that is not a motor vehicle resting a portable device on the rider's or driver's body, clothes or lap
365	2614	RR 304O(1)	3 penalty units	Person travelling in or on wheeled recreational device or electric personal transporter operating an inbuilt device, a mounted device or a motor bike helmet device
366	2615	RR 304P(1)	3 penalty units	Person travelling in or on wheeled recreational device or electric personal transporter operating a wearable device
367	2616	RR 304Q(1)	3 penalty units	Person travelling in or on wheeled recreational device or electric personal transporter touching a portable device
368	2617	RR 304Q(2)	3 penalty units	Person travelling in or on wheeled recreational device or electric personal transporter resting a portable device on the person's body, clothes or lap".

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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 and 129/2022.

[2] Reg. 6: 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 and 106/2022.

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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 2022 is $184.92. 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.