Road Safety (Drivers), (General) and (Traffic Management) Amendment Regulations 2020 (Vic)

Road Safety (Drivers), (General) and (Traffic Management) Amendment Regulations 2020

S.R. No. 123/2020

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

Part 2—Amendments to the Road Safety (Drivers) Regulations 2019

4Definitions

5Persons not required to complete first-stage behaviour change program

6Extension of probationary driver licence

Part 3—Amendments to the Road Safety (General) Regulations 2019

7Regulation 9 substituted

8Extension of the Act by the Minister

9Schedule 6—Parking infringements

10Schedule 7—Traffic infringements

11Schedule 8—Public authorities, prescribed persons and prescribed funds for appropriation of fines

Part 4—Amendments to the Road Safety (Traffic Management) Regulations 2019

12Definitions

13Schedule 1—Major traffic control devices

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Endnotes

STATUTORY RULES 2020

S.R. No. 123/2020

Road Safety Act 1986

Road Safety (Drivers), (General) and (Traffic Management) Amendment Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 10 November 2020

Responsible Minister:

BEN CARROLL
Minister for Roads and Road Safety

CLAIRE CHISHOLM

Clerk of the Executive Council

Part 1—Preliminary

1Objectives

The objectives of these Regulations are—

(a)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 and Other Legislation Amendment Act 2020; and

(b)to make consequential amendments to the Road Safety (Drivers) Regulations 2019 arising from the commencement of the Transport Legislation Amendment Act 2019; and

(c)to amend the Road Safety (Drivers) Regulations 2019 to allow a learner driver to be supervised while driving on a highway by a holder of an appropriate licence or permit issued in another jurisdiction or country; and

(d)to make consequential amendments to the Road Safety (General) Regulations 2019 and the Road Safety (Traffic Management) Regulations 2019 arising from—

(i)the commencement of the Local Government Act 2020; and

(ii)the making of the Road Safety Road Rules Amendment Rules 2020.

2Authorising provision

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

3Commencement

(1)These Regulations (except regulations 4, 9, 10 and 13) come into operation on 12 November 2020.

(2)Regulations 4, 9, 10 and 13 come into operation on 1 December 2020.

Part 2—Amendments to the Road Safety (Drivers) Regulations 2019

4Definitions

In regulation 5(1) of the Road Safety (Drivers) Regulations 2019[1], for the definition of supervising driver substitute—

"supervising driver, in relation to a motor vehicle being driven by a learner driver, means a person who at the relevant time is supervising the learner driver and holds—

(a)a full driver licence that authorises the person to drive the motor vehicle; or

(b)an appropriate licence or permit issued in another jurisdiction or country (other than a probationary or learner licence or permit) and the person is authorised by these Regulations to drive the motor vehicle;".

5Persons not required to complete first-stage behaviour change program

Regulation 36(1) of the Road Safety (Drivers) Regulations 2019 is revoked.

6Extension of probationary driver licence

In regulation 53(3)(a) of the Road Safety (Drivers) Regulations 2019, for "51 or 84BN(2)" substitute "84BN(2), 85, 85A(1), 85B(1), 85F(1), 85G(1) or 85I(1)".

Part 3—Amendments to the Road Safety (General) Regulations 2019

7Regulation 9 substituted

For regulation 9 of the Road Safety (General) Regulations 2019[2] substitute—

"9   Notice of suspension

For the purposes of section 85L(1)(c) of the Act, the prescribed particulars are the following—

(a)the name and address of the person to whom the notice is issued;

(b)a statement of the alleged offence;

(c)in the case of an alleged offence under section 49(1)(b), (bc), (f), (g) or (j) of the Act, the alleged concentration of alcohol present in the blood or breath (as the case requires) of the person;

(d)in the case of an alleged offence that is a relevant speeding offence within the meaning of section 85F(2) of the Act—

(i)the alleged speed at which the motor vehicle was driven; and

(ii)the applicable speed limit;

(e)in the case of an alleged offence that is a relevant offence within the meaning of section 85I(4) of the Act—

(i)the rank of the senior police officer who issued the notice (being of or above the rank of sergeant, as referred to in section 13(j) of the Victoria Police Act 2013); and

(ii)a statement indicating that the senior police officer is reasonably satisfied that—

(A)the person to whom the notice is issued used a motor vehicle in the commission of the relevant offence resulting in injury or death; and

(B)the person to whom the notice is issued is an unacceptable risk to road safety until the charge for the alleged offence is determined;

(f)whether the person to whom the notice is issued holds a full driver licence, a learner permit or a probationary driver licence;

(g)a statement advising that the person to whom the notice is issued may appeal to the Magistrates' Court under section 85S of the Act against the decision to suspend the driver licence or learner permit;

(h)the name and signature of the person who issued the notice;

(i)the date the notice was issued to the person.".

8Extension of the Act by the Minister

In regulation 80(c) of the Road Safety (General) Regulations 2019, for "Local Government Act 1989" substitute "Local Government Act 2020".

9Schedule 6—Parking infringements

In the table in Schedule 6 to the Road Safety (General) Regulations 2019, after item 105 insert—

"106	0948	RR 187(3)	0·6 penalty unit	Stopped in a bus only lane
107	0949	RR 203B(1)	0·6 penalty unit	Stopped in a parking area for electric-powered vehicles
108	0950	RR 203C(1)	0·6 penalty unit	Stopped in a parking area for the charging of electric-powered vehicles".

10Schedule 7—Traffic infringements

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

(a)in item 106, for "RR 264(1)" substitute "RR 264";

(b)in item 199, after "RR 154(1)," insert "154A(1), 154A(3), 154A(5),";

(c)in item 292, after "41," insert "43, 43A,".

(2)In the table in Schedule 7 to the Road Safety (General) Regulations 2019, after item 212B insert—

"212C 0951 RR 77A 0·5 penalty unit Interfere with, or interrupt, a funeral procession".

11Schedule 8—Public authorities, prescribed persons and prescribed funds for appropriation of fines

In Column 1 of the table in Schedule 8 to the Road Safety (General) Regulations 2019, for "Local Government Act 1989" substitute "Local Government Act 2020".

Part 4—Amendments to the Road Safety (Traffic Management) Regulations 2019

12Definitions

In regulation 5 of the Road Safety (Traffic Management) Regulations 2019[3]—

(a)in the definition of Council, for "Local Government Act 1989" substitute "Local Government Act 2020";

(b)in the definition of municipal district, for "Local Government Act 1989" substitute "Local Government Act 2020".

13Schedule 1—Major traffic control devices

In Schedule 1 to the Road Safety (Traffic Management) Regulations 2019, after item 50 insert—

"51A traffic sign that is a reasonable likeness of a diagram of a bus only lane sign mentioned in rule 154A of the Road Rules.

52A traffic sign that is a reasonable likeness of a diagram of an end bus only lane sign mentioned in rule 154A of the Road Rules.".

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Endnotes

[1] Reg. 4: S.R. No. 100/2019 as amended by S.R. Nos 120/2019, 172/2019 and 105/2020.

[2] Reg. 7: S.R. No. 88/2019 as amended by S.R. Nos 104/2019, 172/2019 and 105/2020.

[3] Reg. 12: S.R. No. 93/2019 as amended by S.R. No. 172/2019.

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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 2020 is $165.22.

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.