Road Safety (Drivers) and (General) Amendment (Unlicensed Driving and Other Matters) Regulations 2018 (Vic)
Road Safety (Drivers) and (General) Amendment (Unlicensed Driving and Other Matters) Regulations 2018
S.R. No. 181/2018
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Principal Regulations
Part 2—Road Safety (Drivers) Regulations 2009
5Definitions
6Authorisation for driver under instruction
7Authorisation for driver of motor vehicle (other than a motor cycle) under assessment
8Authorisation for driver of motor cycle under assessment
9Authorisation for holder of licence or permit issued outside Victoria
10Exceptions to authorisation under regulation 17
11Persons required to complete second-stage behaviour change program
12Change of personal particulars or condition
13Schedule 3 amended
14Schedule 4 amended
Part 3—Road Safety (General) Regulations 2009
15Schedule 7—Traffic infringements
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Endnotes
STATUTORY RULES 2018
S.R. No. 181/2018
Road Safety Act 1986
Road Safety (Drivers) and (General) Amendment (Unlicensed Driving and Other Matters) Regulations 2018
The Governor in Council makes the following Regulations:
Dated: 23 October 2018
Responsible Minister:
LUKE DONNELLAN
Minister for Roads and Road SafetyANDREW ROBINSON
Clerk of the Executive Council
Part 1—Preliminary
1Objectives
The objectives of these Regulations are—
(a)to amend the Road Safety (Drivers) Regulations 2009 and the Road Safety (General) Regulations 2009 as a consequence of the enactment of the Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017; and
(b)to modify the circumstances where a person is required to complete a second-stage behaviour change program; and
(c)to provide that certain speeding offences are offences for which infringement notices may be served.
2Authorising provision
These Regulations are made under section 95 of the Road Safety Act 1986.
3Commencement
(1)Part 1 and regulation 11 of these Regulations come into operation on the day on which these Regulations are made.
(2)The remaining regulations come into operation on 1 November 2018.
4Principal Regulations
In these Regulations, the Road Safety (Drivers) Regulations 2009[1] are called the Principal Regulations.
Part 2—Road Safety (Drivers) Regulations 2009
5Definitions
In regulation 5 of the Principal Regulations, for the definition of experienced driver, substitute—
"experienced driver, in relation to a motor vehicle, means a person who at the relevant time—
(a)holds a full driver licence that authorises the person to drive the motor vehicle; or
(b)holds an appropriate licence or permit issued in another jurisdiction or country that is not expressed to be learner or probationary and the person is authorised by the regulations to drive the motor vehicle;".
6Authorisation for driver under instruction
(1)In the heading to regulation 15 of the Principal Regulations for "Exemption" substitute "Authorisation".
(2)In regulation 15(2) of the Principal Regulations for "The person is exempted from the requirement under section 18(1)(a) of the Act to hold a driver licence or learner permit authorising the person" substitute "For the purposes of section 18(1)(c) of the Act, the person is authorised".
7Authorisation for driver of motor vehicle (other than a motor cycle) under assessment
(1)In the heading to regulation 16 of the Principal Regulations for "Exemption" substitute "Authorisation".
(2)In regulation 16(2) of the Principal Regulations for "The person is exempted from the requirement under section 18(1)(a) of the Act to hold a driver licence or learner permit authorising the person" substitute "For the purposes of section 18(1)(c) of the Act, the person is authorised".
8Authorisation for driver of motor cycle under assessment
(1)In the heading to regulation 16A of the Principal Regulations for "Exemption" substitute "Authorisation".
(2)In regulation 16A(2) of the Principal Regulations for "The person is exempted from the requirement under section 18(1)(a) of the Act to hold a driver licence or learner permit authorising the person" substitute "For the purposes of section 18(1)(c) of the Act, the person is authorised".
9Authorisation for holder of licence or permit issued outside Victoria
(1)In the heading to regulation 17 of the Principal Regulations for "Exemption" substitute "Authorisation".
(2)In regulation 17(1) of the Principal Regulations for "A person is exempted from the requirement under section 18(1)(a) of the Act to hold a driver licence or learner permit authorising the person" substitute "For the purposes of section 18(1)(b) of the Act, a person is authorised".
(3)In regulation 17(2) of the Principal Regulations for "A person is exempted from the requirement under section 18(1)(a) of the Act to hold a driver licence or learner permit authorising the person" substitute "For the purposes of section 18(1)(b) of the Act, a person is authorised".
(4)In regulation 17(2A) of the Principal Regulations for "A person who drives a motor vehicle that is a motor home on a highway is exempted from the requirement under section 18(1)(a) of the Act to hold a driver licence or learner permit authorising the person to drive such a motor vehicle" substitute "For the purposes of section 18(1)(b) of the Act, a person is authorised to drive a motor home on a highway".
10Exceptions to authorisation under regulation 17
(1)In the heading to regulation 18 of the Principal Regulations for "exemption" substitute "authorisation".
(2)In regulation 18(1) of the Principal Regulations for "not exempt, or ceases to be exempt" substitute "not authorised, or ceases to be authorised".
(3)In regulation 18(1)(e) of the Principal Regulations for "exempt" substitute "authorised".
(4)For regulation 18(3) and (4) of the Principal Regulations substitute—
"(3)If, in the Corporation's reasonable opinion—
(a)a person who is authorised under regulation 17 is not fit to drive a motor vehicle on a highway; or
(b)that person's ability to drive safely is impaired due to permanent or long‑term injury or illness—
the Corporation must give the person written notice that the person is no longer authorised to drive a motor vehicle on a highway.
(4)The notice must state the following—
(a)the person is no longer authorised to drive a motor vehicle on a highway;
(b)the person must not drive a motor vehicle on a highway;
(c)the reasons the person is no longer authorised;
(d)any action that may be taken by the person to regain the authorisation and the date by which that action must be taken.".
11Persons required to complete second-stage behaviour change program
For regulation 37H(1)(c) of the Principal Regulations substitute—
"(c)the offence referred to in paragraph (a) is—
(i)a second or subsequent offence; or
(ii)a first offence other than—
(A)a first offence against section 49(1)(b), (f) or (g) of the Act committed in circumstances where the concentration of alcohol present in the blood of the person was less than 0∙15 grams per 100 millilitres of blood or in the breath of the person was less than 0∙15 grams per 210 litres of exhaled air; or
(B)a first corresponding interstate drink-driving offence that was declared, under section 25 of the Act, to correspond with section 49(1)(b) of the Act, committed in circumstances where the concentration of alcohol present in the blood of the person was less than 0∙15 grams per 100 millilitres of blood or in the breath of the person was less than 0∙15 grams per 210 litres of exhaled air; and
(d)the person was required to complete a first‑stage behaviour change program with respect to the offence referred to in paragraph (a).".
12Change of personal particulars or condition
In regulation 67(2) of the Principal Regulations, for "exempt from holding a driver licence or learner permit" substitute "authorised to drive".
13Schedule 3 amended
(1)Items 5, 6 and 10 of Schedule 3 to the Principal Regulations are revoked.
(2)For item 26 of Schedule 3 to the Principal Regulations substitute—
| "26 | Exceeding speed-limit by 10 km/h or more but less than 25 km/h (other than exceeding the speed-limit by 20 km/h or more but less than 25 km/h, in circumstances where the speed limit applying to the driver is 110 km/h) | RR 20 | 3". |
14Schedule 4 amended
In Schedule 4 to the Principal Regulations—
(a)under the subheading "Road Safety Act 1986"—
(i)for "18(1)(a) and (b)" substitute "18(1), 18AA(1)"; and
(ii)after "65A(1)," insert "65B,"; and
(b)under the subheading "Road Safety Road Rules 2009 or Road Safety Road Rules 2017" after "Rules" insert "20,".
Part 3—Road Safety (General) Regulations 2009
15Schedule 7—Traffic infringements
(1)In Schedule 7 to the Road Safety (General) Regulations 2009, after item 8A insert—
| "8B | 1966 | Exceed speed limit in a heavy vehicle by 20 km per hour or more but less than 25 km per hour, in circumstances where the speed limit applying to the driver is 110 km per hour (natural person) | RR 20 | 4 penalty units |
| 8C | 1967 | Exceed speed limit in a heavy vehicle by 20 km per hour or more but less than 25 km per hour, in circumstances where the speed limit applying to the driver is 110 km per hour (body corporate) | RR 20 | 20 penalty units". |
(2)In Schedule 7 to the Road Safety (General) Regulations 2009[2], in item 107, in Column 3, for "3 month exemption under RS(D)R 18(1)(a), or 6 month exemption under RS(D)R 18(1)(b), from holding a Victorian licence or permit" substitute "3 month authorisation under RS(D)R 18(1)(a), or 6 month authorisation under RS(D)R 18(1)(b), to drive a motor vehicle".
(3)In Schedule 7 to the Road Safety (General) Regulations 2009, in item 113, in Column 4, for "18(1)(b)" substitute "18AA(1)".
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Endnotes
[1] Reg. 4: S.R. No. 95/2009. Reprint No. 3 as at 1 July 2017. Reprinted to S.R. No. 42/2017. Subsequently amended by S.R. Nos 100/2017, 139/2017, 140/2017, 47/2018 and 89/2018.
[2] Reg. 15: S.R. No. 115/2009. Reprint No. 3 as at 1 July 2017. Reprinted to S.R. No. 42/2017. Subsequently amended by S.R. Nos 79/2017, 140/2017, 141/2017, 47/2018 and 89/2018.
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