Road Safety (Drivers) (Demerit Points) Regulations 2003 (Vic)

Road Safety (Drivers) (Demerit Points) Regulations

2003

ts	S.R. No. 136/2003
n
e
m
u	TABLE OF PROVISIONS
c

o Regulation Page

D	1.	Objectives	1
ry	2.	Authorising provision	2
3.	Commencement	2
ta	4.	Principal Regulations	2
n	5.	Revocation of regulation 218	2
e	6.	Demerit points in respect of drink-driving offences	2
7.	Revocation of Schedule 1	4

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ia	ENDNOTES	5
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STATUTORY RULES 2003

ts	S.R. No. 136/2003
n
e	Road Safety Act 1986
m
u	Road Safety (Drivers) (Demerit Points) Regulations
c	2003
o
D	The Governor in Council makes the following Regulations:
ry	Dated: 18 November 2003
ta	Responsible Minister:
n
e	PETER BATCHELOR
m	Minister for Transport
ia
rl	SUDHA KASYNATHAN
a	Acting Clerk of the Executive Council
P

1. Objectives

d

n	The objectives of these Regulations are to amend
a	the Road Safety (Drivers) Regulations 1999 to—
n	(a) clarify the circumstances in which a person
o
ti	incurs 10 demerit points in respect of a drink driving offence or drink driving infringement
la	for which the person's driver licence or
is	permit is not cancelled or suspended;
g
e	(b) provide for the incurring of demerit points by
L	persons who undertake diversion programs
n	under section 128A of the Magistrates'
a	Court Act 1989 in respect of certain alleged
ri	offences;
to	(c) provide that the holder of a probationary
ic	driver licence incurs 3 demerit points in
V	respect of an offence or traffic infringement for failing to display "P" plates;

Road Safety (Drivers) (Demerit Points) Regulations 2003

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S.R. No. 136/2003

(d) revoke provisions that have become redundant.

ts	2. Authorising provision
n	These Regulations are made under section 95 of
e	the Road Safety Act 1986.
m	3. Commencement
u
c	These Regulations come into operation on
o	1 December 2003.
D

4. Principal Regulations

ry	In these Regulations, the Road Safety (Drivers)
ta	1

Regulations 1999 are called the Principal

n	Regulations.
e

5. Revocation of regulation 218

m

ia	Regulation 218 of the Principal Regulations is
rl	revoked.
a	6. Demerit points in respect of drink-driving offences
P

(1) In regulation 301 of the Principal Regulations—

d

n	(a) in sub-regulation (1), the definition of
a	"driver" is revoked;
n	(b) in sub-regulation (1), in the definition of
o
ti	"relevant offence", after "Table 301" insert
la	"in relation to the use of a motor vehicle";

is	(c)	in sub-regulation (3), for "driver" (wherever
g	occurring) substitute "person";

e	(d) in sub-regulation (3)(d), for "offence."
L	substitute "offence; or";
n
a	(e) after sub-regulation (3)(d) insert—
ri	"(e) is a person in respect of whom a
to	proceeding for a relevant offence is
ic	adjourned under section 128A(2) of the
V	Magistrates' Court Act 1989.".

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S.R. No. 136/2003

(2) After regulation 301(3) of the Principal

Regulations insert—

ts	"(3A) If, but for this sub-regulation, demerit
n	points would be recorded in respect of
e	offences under section 49(1)(b) and
m	section 49(1)(f) or (g) of the Act that
u	occur in relation to the same period of
c	driving or being in charge of a motor
o	vehicle, demerit points may be recorded
D	only in respect of one of those
ry	offences.".
ta	(3) In regulation 301 of the Principal Regulations—
n	(a) in sub-regulation (4), for "driver" (wherever
e	occurring) substitute "person";
m	(b) in sub-regulation (4)(c), for "1989."
ia
rl	substitute "1989; or";
a	(c) after sub-regulation (4)(c) insert—
P	"(d) has been charged but the proceeding in
d	respect of that charge has been
n	adjourned under section 128A(2) of the
a	Magistrates' Court Act 1989.".
n	(4) After regulation 301(6) of the Principal
o
ti	Regulations insert—
la	"(6A) For the purposes of sub-regulation (6), if a
is	proceeding for an offence is adjourned under
g	section 128A(2) of the Magistrates' Court
e	Act 1989, the offence is taken to have been
L	committed on the day alleged in the charge
n	for the offence.".
a
ri	(5) In regulation 301(7) of the Principal Regulations

insert the following definition—

to	' "RS(D)R" means the Road Safety (Drivers)
ic	Regulations 1999;'.
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(6) In regulation 301 of the Principal Regulations, for

the first item of Table 301 substitute—

ts	"An offence under	RSA 49	10
section 49(1)(b), (f) or
n	(g) of the RSA, where
e	section 50(1) or
m	50(1AB) of the RSA
u	applies and the person's
c	driver licence or permit
o	has not been cancelled for the offence
D
A drink-driving	RSA 3, 49	10
ry	infringement and the
ta	person's driver licence
or permit has not been
n	cancelled by force of
e	section 89C(1) of the
m	RSA

ia	".
rl	(7) In regulation 301 of the Principal Regulations,
a	after the last item of Table 301 insert—
P
'Failing to display "P" RS(D)R 3
d	plates 217(1)
n	'.
a

7. Revocation of Schedule 1

n
o

ti	Schedule 1 to the Principal Regulations is
revoked.
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Road Safety (Drivers) (Demerit Points) Regulations 2003

Endnotes

S.R. No. 136/2003

ENDNOTES

ts	1
Reg. 4: S.R. No. 26/1999. Reprint No. 2 as at 15 December 2002.
n	Reprinted to S.R. No. 115/2002. Subsequently amended by
e	S.R. No. 45/2003.
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