Road Safety (Drivers) and (General) Further Amendment Regulations 2021 (Vic)
Road Safety (Drivers) and (General) Further Amendment Regulations 2021
S.R. No. 121/2021
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
Part 2—Amendment of Road Safety (Drivers) Regulations 2019
4Restrictions affecting certain motor cycle riders
5Schedule 3—Demerit points
6Schedule 5—Offences which disqualify drivers from free 3 year full driver licence
Part 3—Amendment of Road Safety (General) Regulations 2019
7Offences detected by road safety cameras or prescribed processes—operator onus offences
8Appropriation of fines
9Schedule 7—Traffic infringements
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Endnotes
STATUTORY RULES 2021
S.R. No. 121/2021
Road Safety Act 1986
Road Safety (Drivers) and (General) Further Amendment Regulations 2021
The Governor in Council makes the following Regulations:
Dated: 21 September 2021
Responsible Minister:
BEN CARROLL
Minister for Roads and Road SafetyALEXANDRA DEBELJAKOVIC
Clerk of the Executive Council
Part 1—Preliminary
1Objective
The objective of these Regulations is to make consequential amendments to the Road Safety (Drivers) Regulations 2019 and the Road Safety (General) Regulations 2019 arising from the commencement of the Road Safety (Vehicles) Regulations 2021.
2Authorising provision
These Regulations are made under section 95 of the Road Safety Act 1986.
3Commencement
These Regulations come into operation on 30 September 2021.
Part 2—Amendment of Road Safety (Drivers) Regulations 2019
4Restrictions affecting certain motor cycle riders
In regulation 59(7)(b) of the Road Safety (Drivers) Regulations 2019[1], for "Road Safety (Vehicles) Interim Regulations 20201" substitute "Road Safety (Vehicles) Regulations 2021".
5Schedule 3—Demerit points
(1)In the table in Schedule 3 to the Road Safety (Drivers) Regulations 2019—
(a)in Column 2 of item 11, for "RS(V)IR 233(1)" substitute "RS(V)R 272(1)";
(b)in Column 2 of item 15, for "RS(V)IR 49" substitute "RS(V)R 65(1), 65(2)";
(c)in Column 2 of item 34, for "RS(V)IR 233(1)" substitute "RS(V)R 272(1)".
(2)At the foot of the table in Schedule 3 to the Road Safety (Drivers) Regulations 2019, for "RS(V)IR means the Road Safety (Vehicles) Interim Regulations 2020" substitute "RS(V)R means the Road Safety (Vehicles) Regulations 2021".
6Schedule 5—Offences which disqualify drivers from free 3 year full driver licence
In Schedule 5 to the Road Safety (Drivers) Regulations 2019, before "Transport (Compliance and Miscellaneous) Act 1983" insert—
"Road Safety (Vehicles) Regulations 2021
Regulations 295(3) and 302.".
Part 3—Amendment of Road Safety (General) Regulations 2019
7Offences detected by road safety cameras or prescribed processes—operator onus offences
In regulation 31(d) of the Road Safety (General) Regulations 2019[2], for "Road Safety (Vehicles) Interim Regulations 20202" substitute "Road Safety (Vehicles) Regulations 2021".
8Appropriation of fines
For regulation 79(1)(a)(ii) of the Road Safety (General) Regulations 2019 substitute—
"(ii)an offence under Division 3, 4, 5 or 7 of Part 2, Part 4, Part 5 or Part 8 of the Road Safety (Vehicles) Regulations 2021; or".
9Schedule 7—Traffic infringements
(1)At the head of the table in Schedule 7 to the Road Safety (General) Regulations 2019, for "RS(V)IR means the Road Safety (Vehicles) Interim Regulations 2020" substitute "RS(V)R means the Road Safety (Vehicles) Regulations 2021".
(2)In the table in Schedule 7 to the Road Safety (General) Regulations 2019—
(a)in column 1, for "4119" substitute "4";
(b)for items 20 to 22 substitute—
| "20 | 2179 | RS(V)R 226(1) | 5 penalty units | Fail as driver to comply with class O vehicle requirements other than dimension requirements | |||
| 20A | 2813 | RS(V)R 226(2) | 2 penalty units | Fail to ensure compliance with class O vehicle requirements other than dimension requirements | |||
| 20B | 2814 | RS(V)R 226(3) | 2 penalty units | Cause or permit class O vehicle to be used which does not comply with class O vehicle requirements other than dimension requirements | |||
| 21 | 2180 | RS(V)R 227(1), 227(2), 227(3), 228(1), 228(2), 228(3), 229(1), 229(2), 230(1), 230(2) | 2 penalty units | Fail to comply with pilot or escort vehicle requirements | |||
| 22 | 2172 | RS(V)R 296(1), 296(2) | 1 penalty unit | Fail to carry and produce documents when required"; | |||
(c)for item 158 substitute—
| "158 | 2116 | RS(D)R 68(1), RS(V)R 70(1) | 1 penalty unit | Fail to notify the Secretary of change of name or address |
| 158A | 2815 | RS(V)R 70(2) | 1 penalty unit | Fail to notify the Secretary of change to description of vehicle within 14 days |
| 158B | 2816 | RS(V)R 70(3) | 2 penalty units | Fail to notify the Secretary of change to vehicle or use of vehicle |
| 158C | 2817 | RS(V)R 49(8) | 2 penalty units | Use, or permit the use of, a conditionally registered vehicle without carrying a certificate of approved operations in the vehicle"; |
(d)for items 180 to 186A substitute—
| "179A | 2818 | RS(V)R 30 | 2 penalty units | Alter, deface, remove, substitute or tamper with a vehicle identifier or an engine identification number without the written permission of the Secretary |
| 179B | 2819 | RS(V)R 31(2) | 1 penalty unit | Fail to inform the Secretary about the alteration, defacement, removal or substitution of, or tampering with, a vehicle identifier or engine identification number |
| 179C | 2827 | RS(V)R 31(3), 47(4) | 2 penalty units | Fail to present vehicle for inspection if requested by the Secretary |
| 179D | 2828 | RS(V)R 61(1) | 1 penalty unit | Fail to apply to the Secretary for replacement of number plate that has been lost, damaged, destroyed or stolen |
| 180 | 8386 | RS(V)R 65(1), 65(2) | 2 penalty units | Use of vehicle where number plate not affixed and displayed in accordance with regulations |
| 180A | 2829 | RS(V)R 101(4), 102(1), 102(2), 103(1) | 4 penalty units | Fail to lodge information with the Secretary |
| 180B | 2830 | RS(V)R 104(1) | 2 penalty units | Fail as person who sells written-off vehicle to inform purchaser that vehicle is a written‑off vehicle |
| 180C | 2831 | RS(V)R 105(1), 106(1) | 5 penalty units | Fail to affix label to written-off vehicle with 7 days |
| 181 | 2119 | RS(V)R 182(2), 182(3) | 1 penalty unit | Use of vehicle where club permit label not properly affixed |
| 181A | 2832 | RS(V)R 183(2), 183(4), 183(5), 183(6) | 2⸱5 penalty units | Fail as a club permit holder to comply with club log book obligations |
| 181B | 2833 | RS(V)R 184 | 1 penalty unit | Cause or permit driver to fail to comply with club log book obligations |
| 181C | 2834 | RS(V)R 186 | 2⸱5 penalty units | Fail to ensure vehicle under a club permit is not used for hire or reward or as a commercial passenger vehicle |
| 181D | 2835 | RS(V)R 188(1), 188(2), 188(3), 188(4) | 1 penalty unit | Fail to comply, or causing or permitting another person to fail to comply, with the operating conditions that apply to the use of a vehicle specified in a club permit |
| 182 | 2120 | RS(V)R 75(3), 85(2), 133 | 1 penalty unit | Fail to return number plates |
| 183 | 2121 | RS(V)R 89(1) | 4 penalty units | Fail as disposer of vehicle to complete transfer application |
| 183A | 2836 | RS(V)R 89(2) | 1 penalty unit | Fail as disposer of vehicle to give the acquirer completed transfer application or certificate of roadworthiness |
| 183B | 2859 | RS(V)R 91(1) | 1 penalty unit | Fail as acquirer of vehicle to complete and lodge transfer application, certificate of roadworthiness, applicable duty and transfer fee |
| 183C | 2837 | RS(V)R 91(2) | 2 penalty units | Fail as acquirer of vehicle from a dealer to complete transfer application and pay dealer applicable duty and applicable transfer fee |
| 183D | 2838 | RS(V)R 92 | 1 penalty unit | Fail as acquirer of vehicle by legal process to complete and lodge transfer application, court order, applicable duty and applicable transfer fee |
| 184 | 2122 | RS(V)R 93(1), 93(2) | 1 penalty unit | Fail to comply with repossession or restoration requirements |
| 185 | 2123 | RS(V)R 90(1) | 2 penalty units | Fail as dealer to give a current roadworthy certificate to person who is not a dealer |
| 185A | 2839 | RS(V)R 90(2) | 4 penalty units | Fail as dealer to provide transfer application, applicable duty, applicable transfer fee or evidence relating to certificate of roadworthiness to the Secretary |
| 185B | 2840 | RS(V)R 101(4), 102(1), 102(2), 103(1), 105(1), 106(1) | 4 penalty units | Fail to comply with written-off vehicle requirements applicable to insurers, self‑insurers, motor wreckers and motor car traders |
| 185C | 2841 | RS(V)R 104(1) | 2 penalty units | Fail to disclose information to purchaser of written-off vehicle |
| 186 | 8384 | RS(V)R 278(1), 278(2), 278(3), 278(4), 278(5), 280(1), 280(2), 280(3), 280(4), 280(5), 281(1), 281(2), 281(3), 281(4), 281(5) | 2 penalty units | Use of vehicle, or cause or permit use of vehicle, with altered, incorrect or misrepresented number plate |
| 186A | 0960 | RS(V)R 160(1), 160(2) | 2 penalty units | Use of general identification mark or trade plates other than in accordance with the regulations |
| 186B | 2842 | RS(V)R 158 | 2 penalty units | Fail as a person who ceases to be eligible for a general identification mark and trade plates to notify the Secretary and return the trade plates |
| 186C | 2843 | RS(V)R 15(1) | 1 penalty unit | Fail as an authorised person to advise the Secretary of unused certificate serial numbers after authorisation is revoked |
| 186D | 2863 | RS(V)R 36(2), 38(2), 43(2), 113(2), 275(2) | 2 penalty units | Fail to comply with guidelines or directions given by the Secretary in the issue of a certificate |
| 186E | 2844 | RS(V)R 263(1), 263(2) | 1 penalty unit | Fail to comply with guidelines or directions given by the Secretary in the completion of a test report |
| 186F | 2845 | RS(V)R 244(2), 244(3) | 1 penalty unit | Fail to comply with licensed tester requirements on expiry, surrender, suspension or cancellation of tester's licence |
| 186G | 2846 | RS(V)R 248(1), 248(2), 248(3), 248(4) | 1 penalty unit | Fail to comply with licensed tester signage requirements and restrictions |
| 186H | 2847 | RS(V)R 249(1), 249(2), 249(3), 249(4), 249(5), 249(6), 249(7), 249(8) | 1 penalty unit | Fail to comply with general duties of licensed tester |
| 186I | 2848 | RS(V)R 250(1), 250(2), 250(3) | 2 penalty units | Fail as licensed tester to keep and provide records |
| 186J | 2849 | RS(V)R 251(2) | 1 penalty unit | Fail as licensed tester to ensure examination and test is in accordance with Secretary's direction |
| 186K | 2850 | RS(V)R 252 | 1 penalty unit | Fail as licensed tester to operate at premises for which licenced |
| 186L | 2851 | RS(V)R 256(1), 256(2) | 1 penalty unit | Fail as licensed tester to maintain security of certificates and reports |
| 186M | 2852 | RS(V)R 257(1) | 1 penalty unit | Transfer or deliver unused certificate of roadworthiness forms |
| 186N | 2853 | RS(V)R 258(3) | 1 penalty unit | Improper issue of certificate of roadworthiness |
| 186O | 2854 | RS(V)R 259 | 1 penalty unit | Fail to record required details on certificate of roadworthiness and test report |
| 186P | 2855 | RS(V)R 260 | 1 penalty unit | Fail to record incomplete examination and testing |
| 186Q | 2856 | RS(V)R 262(1), 262(2), 262(3), 262(4), 262(5), 262(6), 262(8), 263(1), 263(2) | 1 penalty unit | Fail to properly conduct and record examination and test |
| 186R | 2857 | RS(V)R 264(5) | 2 penalty units | Fail to present a vehicle for examination and testing by a licensed tester when a roadworthy certificate has been impounded |
| 186S | 2858 | RS(V)R 265 | 1 penalty unit | Add, alter, remove or substitute equipment or fittings on a tested vehicle that has a current certificate of roadworthiness"; |
(e)for items 207 to 211 substitute—
| "207 | 2143 | RS(V)R 293, 294(1) | 4 penalty units | Use, or cause or permit use of, vehicle that has been modified, or does not comply with the standards for registration |
| 207A | 2860 | RS(V)R 295(1), 295(2) | 4 penalty units | Use, or cause or permit use of, unsafe vehicle |
| 207B | 2861 | RS(V)R 295(3) | 1 penalty unit | Use motor vehicle with projecting equipment or fitting |
| 208 | 2145 | RS(V)R 277 | 2 penalty units | Remove or deface defective vehicle label |
| 208A | 2862 | RS(V)R 270 | 1 penalty unit | Fail to give a vehicle defect notice, or cause a vehicle defect notice to be given, to the registered operator of the vehicle |
| 209 | 2147 | RS(V)R 272(1) | 4 penalty units | Use or permit use of light vehicle in breach of major vehicle defect notice |
| 210 | 2148 | RS(V)R 272(1) | 1·5 penalty units | Use or permit use of light vehicle in breach of minor vehicle defect notice |
| 211 | 8387 | RS(V)R 218(1), 218(2), 218(3) | 2⸱5 penalty units | Use or cause or permit use of vehicle without warning signal for rear projection"; |
(f)for item 231 substitute—
| "231 | 4474 | RS(V)R 213(1), 213(2), 213(3), 214(1), 214(2), 214(3), 215(1), 215(2), 215(3), 216(1), 216(2), 216(3), 217(1), 217(2), 217(3) | 2·5 penalty units | Use, or cause or permit use of, light vehicle exceeding permitted dimensions"; |
(g)for items 305 to 309 substitute—
| "305 | 2509 | RS(V)R 283(1), 283(2) | 5 penalty units | Fail to obey low clearance or clearance sign |
| 306 | 2513 | RS(V)R 282(1), 282(3), 282(4) | 1·5 penalty units | Exceed mass limit sign by up to 1 tonne |
| 307 | 2514 | RS(V)R 282(1), 282(3), 282(4) | 3 penalty units | Exceed mass limit sign by 1·01 to 2 tonnes |
| 308 | 2515 | RS(V)R 282(1), 282(3), 282(4) | 4 penalty units | Exceed mass limit sign by 2·01 to 3 tonnes |
| 309 | 2516 | RS(V)R 282(1), 282(3), 282(4) | 5 penalty units | Exceed mass limit sign by 3·01 to 4 tonnes". |
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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 and 75/2021.
[2] Reg. 7: S.R. No. 88/2019 as amended by S.R. Nos 104/2019, 172/2019, 105/2020, 123/2020 and 36/2021.
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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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