Road Safety (Drivers) and (Vehicles) Further Amendment Regulations 2022 (Vic)

Road Safety (Drivers) and (Vehicles) Further Amendment Regulations 2022

S.R. No. 129/2022

table of provisions

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

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

3Issue of document upon grant, variation or renewal of driver licence or learner permit and cessation of suspension of driver licence or learner permit

4Replacement or correction of driver licence or learner permit document

5Schedule 6—General fees

Part 3—Amendment of Road Safety (Vehicles) Regulations 2021

6Definitions

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Endnotes

statutory rules 2022

S.R. No. 129/2022

Road Safety Act 1986

Road Safety (Drivers) and (Vehicles) Further Amendment Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 25 October 2022

Responsible Minister:

BEN CARROLL
Minister for Roads and Road Safety

Alexandra Debeljakovic

Clerk of the Executive Council

Part 1—Preliminary

1Objectives

The objectives of these Regulations are—

(a)to amend the Road Safety (Drivers) Regulations 2019—

(i)to require the Secretary to issue a driver licence or learner permit document to a person after the suspension of their driver licence or learner permit ceases; and

(ii)to enable the Secretary to issue a replacement driver licence or replacement learner permit receipt as an interim measure before the replacement licence or replacement permit document is issued; and

(b)to amend the Road Safety (Vehicles) Regulations 2021 to clarify what a vehicle identity validation certificate certifies in relation to a written-off vehicle by amending the definition of VIV certificate.

2Authorising provision

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

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

3Issue of document upon grant, variation or renewal of driver licence or learner permit and cessation of suspension of driver licence or learner permit

(1)In the heading to regulation 62 of the Road Safety (Drivers) Regulations 2019[1], after "learner permit" insert "and cessation of suspension of driver licence or learner permit".

(2)For regulation 62(1) of the Road Safety (Drivers) Regulations 2019 substitute—

"(1)This regulation applies if—

(a)the Secretary decides to grant, vary or renew a driver licence or learner permit; or

(b)the suspension of a driver licence or learner permit ceases.".

(3)In regulation 62(2)(c) of the Road Safety (Drivers) Regulations 2019, for "requires." substitute "requires; or".

(4)After regulation 62(2)(c) of the Road Safety (Drivers) Regulations 2019 insert—

"(d)in the case of the suspension of a driver licence or learner permit—the suspension of the driver licence or learner permit ceases.".

4Replacement or correction of driver licence or learner permit document

For regulation 64(3) and (4) of the Road Safety (Drivers) Regulations 2019 substitute—

"(3)The Secretary may require the applicant—

(a)to comply with any of the requirements of regulations 23 and 24 as if the applicant were applying for a driver licence or learner permit; and

(b)to pay the relevant fee specified in Schedule 6 for the issue of a replacement driver licence or a replacement learner permit document; and

Note

The Secretary may reduce, waive or refund a fee in certain circumstances. See regulation 111.

(c)to surrender any original driver licence or learner permit document.

(4)The Secretary may issue a replacement driver licence or a replacement learner permit document to the applicant if the Secretary is satisfied that—

(a)the relevant driver licence or learner permit document has been lost, stolen or destroyed, or damaged in a way that requires its replacement; or

(b)for any other reason, the replacement is appropriate in the circumstances.

(5)The Secretary may refuse to issue a replacement driver licence or a replacement learner permit document if the applicant has not complied with the requirements of subregulation (3).

(6)The Secretary may issue a replacement driver licence receipt or replacement learner permit receipt to the applicant as an interim measure before issuing a replacement driver licence or replacement learner permit document.

(7)A replacement driver licence receipt or replacement learner permit receipt issued under subregulation (6) ceases to be in force on the earlier of the following days—

(a)the day that is 3 months after the date of its issue;

(b)the day that a replacement driver licence or replacement learner permit document is issued to the person.".

5Schedule 6—General fees

In item 11 of Schedule 6 to the Road Safety (Drivers) Regulations 2019, after "a replacement" insert "driver".

Part 3—Amendment of Road Safety (Vehicles) Regulations 2021

6Definitions

In regulation 5 of the Road Safety (Vehicles) Regulations 2021[2], in the definition of VIV certificate, for paragraph (b) substitute—

"(b)any damage, condition or damaged part or component which caused the vehicle to be recorded on the register of written-off vehicles has been repaired, restored or replaced in accordance with—

(i)manufacturer standards for the vehicle; or

(ii)if there are no manufacturer standards for the vehicle, in accordance with industry standards; and

(c)any other damaged part or component which is safety related but did not form the basis for the vehicle to be recorded on the register of written-off vehicles has been repaired, restored or replaced in accordance with—

(i)manufacturer standards for the vehicle; or

(ii)if there are no manufacturer standards for the vehicle, in accordance with industry standards;".

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Endnotes

[1] Reg. 3(1): 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 and 98/2022.

[2] Reg. 6: S.R. No. 116/2021 as amended by S.R. Nos 47/2022 and 51/2022.