Road Safety (Drivers), (General) and (Vehicles) Amendment Regulations 2018 (Vic)
Road Safety (Drivers), (General) and (Vehicles) Amendment Regulations 2018
S.R. No. 89/2018
table of provisions
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Principal Regulations
Part 2—Road Safety (Vehicles) Regulations 2009
5Definitions
6Corporation may declare matters for the purposes of Regulations
7Registration numbers
8Number plates
9Regulation 46 substituted
10Regulation 47 substituted
11Offence—use of vehicles and number plates
12Revocation of Division 6 of Part 2.5
13Refunds
14Regulation 111 substituted
15Obligation of registered operator if registration cancelled
16Non-application to heavy vehicles
17Altered registration labels and club permit labels
18Incorrect number plates and labels
19Representations of number plates and labels
20Schedule 2—Vehicle Standards
21Schedule 3—Concessional fees for registration and renewal of registration
22Schedule 5—Miscellaneous fees
23Schedule 6—Search and extract fees
Part 3—Road Safety (Drivers) Regulations 2009
24Schedule 6—Search and extract fees
Part 4—Road Safety (General) Regulations 2009
25Definitions
26Prescribed road safety cameras
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Endnotes
statutory rules 2018
S.R. No. 89/2018
Road Safety Act 1986
Road Safety (Drivers), (General) and (Vehicles) Amendment Regulations 2018
The Governor in Council makes the following Regulations:
Dated: 26 June 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 (Vehicles) Regulations 2009 to increase certain fees payable under the Road Safety Act 1986; and
(b)to amend the Road Safety (Vehicles) Regulations 2009—
(i)to abolish heavy vehicle registration labels; and
(ii)to allow for national heavy vehicle number plates; and
(iii)to amend the standards for vehicle registration; and
(iv)to provide that certain incapacitated war veterans will pay a nil registration fee for their vehicle; and
(v)to expand registration concessions for apprentices; and
(vi)to allow for the clearance of vehicle defect notices from heavy vehicles; and
(c)to amend the Road Safety (General) Regulations 2009 to include 2 new prescribed road safety cameras.
2Authorising provision
These Regulations are made under section 95 of the Road Safety Act 1986.
3Commencement
These Regulations come into operation on 1 July 2018.
4Principal Regulations
In these Regulations, the Road Safety (Vehicles) Regulations 2009[1] are called the Principal Regulations.
Part 2—Road Safety (Vehicles) Regulations 2009
5Definitions
(1)In regulation 5 of the Principal Regulations the definition of declared apprenticeship is revoked.
(2)In regulation 5 of the Principal Regulations insert the following definition—
"national heavy vehicle number plate means a number plate assigned to a heavy vehicle;".
6Corporation may declare matters for the purposes of Regulations
(1)In regulation 6(k) of the Principal Regulations, for "Regulations;" substitute "Regulations.".
(2)Regulation 6(l) of the Principal Regulations is revoked.
7Registration numbers
(1)In regulation 44(3)(b) of the Principal Regulations, for "number rights." substitute "number rights; or".
(2)After regulation 44(3)(b) of the Principal Regulations insert—
"(c)a registration number that is a national heavy vehicle number plate which is issued to the vehicle by another jurisdiction.".
(3)In regulation 44(5)(c) of the Principal Regulations, for "Accident Towing Services Act 2007." substitute "Accident Towing Services Act 2007; or".
(4)After regulation 44(5)(c) of the Principal Regulations insert—
"(d)the registration number to be assigned is a national heavy vehicle number plate that is issued to the vehicle by another jurisdiction.".
8Number plates
Regulation 45(2) of the Principal Regulations is revoked.
9Regulation 46 substituted
For regulation 46 of the Principal Regulations substitute—
"46 Replacement of lost, stolen etc. number plates
(1)The registered operator of a vehicle must apply to the Corporation for a replacement number plate within 14 days after the registered operator of the vehicle—
(a)informs a police officer or an authorised officer that the vehicle's number plate has been lost, damaged, destroyed or stolen; or
(b)is informed by a police officer or an authorised officer that the vehicle's number plate has been lost, damaged, destroyed or stolen.
Penalty:3 penalty units.
(2)On receiving an application under subregulation (1), the Corporation may issue to the registered operator of the vehicle a replacement number plate on payment of the following fee—
(a)for the replacement of the number plate with a standard number plate, the relevant fee specified in Schedule 5;
(b)for the replacement of a national heavy vehicle number plate, the relevant fee specified in Schedule 5;
(c)for the replacement of the number plate with a non-standard number plate, the relevant fee specified in Schedule 5 and the fee fixed by the Corporation under section 5AE of the Act.
(3)For the purposes of this regulation, a damaged number plate is a number plate that does not comply with regulation 48.
Note
Section 3(1) of the Act defines non-standard number plate to mean a number plate that, at the time of issue, is not of the design, size, colour or material of number plates then generally issued on payment of the basic fee prescribed for the issue of number plates.".
10Regulation 47 substituted
For regulation 47 of the Principal Regulations substitute—
"47 Number plates property of the State
(1)A number plate issued by the Corporation remains the property of the State.
(2)Subregulation (1) does not apply if—
(a)the number plate is a national heavy vehicle number plate; and
(b)the number plate is issued by another jurisdiction; and
(c)the vehicle is registered in that jurisdiction.
(3)A national heavy vehicle number plate issued by another jurisdiction becomes the property of the State when the vehicle is registered in Victoria.".
11Offence—use of vehicles and number plates
In regulation 50(2)(a) of the Principal Regulations, after "Corporation" insert "or in the case of a national heavy vehicle number plate, issued by another jurisdiction".
12Revocation of Division 6 of Part 2.5
Division 6 of Part 2.5 of the Principal Regulations is revoked.
13Refunds
In regulation 106(6)(b) of the Principal Regulations omit "or registration label".
14Regulation 111 substituted
For regulation 111 of the Principal Regulations substitute—
"111 Requirements for surrender
The registered operator of a vehicle who applies to surrender the registration of the vehicle must, if required by the Corporation, return the vehicle's number plates to the Corporation or an agent nominated by the Corporation.
Penalty:3 penalty units.".
15Obligation of registered operator if registration cancelled
(1)Regulation 118(1) of the Principal Regulations is revoked.
(2)For regulation 118(2) of the Principal Regulations substitute—
"(2)If the registration of a vehicle is cancelled by the Corporation under regulation 113, the registered operator of the vehicle must, if required by the Corporation, return the vehicle's number plates to the Corporation or an agent nominated by the Corporation, within 14 days after the date of cancellation.
Penalty:3 penalty units.".
(3)For regulation 118(3) of the Principal Regulations substitute—
"(3)If the registration of a vehicle is cancelled by the Corporation under regulation 117, the registered operator of the vehicle must, if required by the Corporation, return the vehicle's number plates to the Corporation or an agent nominated by the Corporation, within 14 days after the date of cancellation specified in the notice given to the registered operator under regulation 117(3).
Penalty:3 penalty units.".
16Non-application to heavy vehicles
In regulation 234A of the Principal Regulations, after "Chapter" insert ", except regulation 242,".
17Altered registration labels and club permit labels
(1)In the heading to regulation 245A of the Principal Regulations omit "registration labels and".
(2)In regulation 245A of the Principal Regulations—
(a)omit "registration label or" (wherever occurring);
(b)in subregulation (2) omit "registered operator of a heavy vehicle or the";
(c)in subregulation (3) omit "owner of an unregistered heavy vehicle or the";
(d)in subregulation (4) omit "a heavy vehicle or";
(e)in subregulation (5) omit "heavy vehicle or".
18Incorrect number plates and labels
(1)In the heading to regulation 246 of the Principal Regulations omit "and labels".
(2)In regulation 246 of the Principal Regulations omit "or registration label" (wherever occurring).
19Representations of number plates and labels
(1)In the heading to regulation 247 of the Principal Regulations omit "and labels".
(2)In regulation 247 of the Principal Regulations omit "or registration label" (wherever occurring).
20Schedule 2—Vehicle Standards
(1)In clause 34(3)(g)(i) of Schedule 2 to the Principal Regulations, for "is used for" substitute "is solely used for".
(2)In clause 44(5) of Schedule 2 to the Principal Regulations, after "vehicle" insert ", other than rear glazing,".
(3)After clause 44(5) of Schedule 2 to the Principal Regulations insert—
"(5A)If a motor vehicle is fitted with at least one rear vision mirror to each side of the vehicle, the motor vehicle's rear glazing may be coated to achieve a luminous transmittance of at least 20%.
(5B)Despite subclause (5A), a motor vehicle's rear glazing may be coated to achieve a luminous transmittance of 0% or more if the vehicle—
(a)is fitted with at least one rear vision mirror to each side of the vehicle; and
(b)is designed primarily for the carriage of goods; and
(c)has at least—
(i)4 wheels; or
(ii)3 wheels and a GVM of more than 1 tonne.".
(4)In clause 44(6) of Schedule 2 to the Principal Regulations, for "subclause (5)" substitute "subclause (5), (5A) or (5B).".
(5)In clause 44(8) of Schedule 2 to the Principal Regulations, in the definition of luminous transmittance, for "absent." substitute "absent;".
(6)In clause 44(8) of Schedule 2 to the Principal Regulations insert the following definition—
"rear glazing, for a motor vehicle, means glazing used in a window or interior partition of the motor vehicle located behind the driver in the normal driving position.".
(7)For clause 77(4) and (5) of Schedule 2 to the Principal Regulations substitute—
"(4)Up to 4 additional headlights may be fitted to—
(a)a motor vehicle with 4 or more wheels; or
(b)a motor cycle; or
(c)a motor trike.
(5)An additional headlight fitted to a motor vehicle under subclause (4)(a) must be fitted so that it faces forward and is symmetrical in relation to the centre line of the vehicle.
Example
".
(8)Clause 80 of Schedule 2 to the Principal Regulations is revoked.
(9)After clause 98(7) of Schedule 2 to the Principal Regulations insert—
"(8)For the purposes of this clause, if a light is fitted to a vehicle that is built before 1 January 1973 and the light functions as a brake light and a direction indicator, that light is taken to be a brake light.".
21Schedule 3—Concessional fees for registration and renewal of registration
(1)In Column 2 of item 2 in the Table in Schedule 3 to the Principal Regulations, for "$9.00" substitute "$9.10".
(2)For item 13 in the Table in Schedule 3 to the Principal Regulations substitute—
| "13 Incapacitated war veteran's vehicle | |
| A motor vehicle not used except for social, domestic or pleasure purposes registered or to be registered in the name of, or to be transferred to, a person who owns no other vehicle currently registered without fee in accordance with this item and is either— | |
| (a) assessed pursuant to the Veterans' Entitlements Act 1986 of the Commonwealth— | |
| (i) as a veteran to whom section 22 of that Act applies at the 100% or higher rate; or | |
| (ii) as a veteran to whom section 23, 24, 25 or 104 of that Act applies; or | |
| (b) assessed pursuant to Part 2 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004 of the Commonwealth, as a veteran who has suffered an impairment resulting from one or more service injuries or diseases, the degree of which constitutes 40 impairment points or more. |
|
(3)For item 19 in the Table in Schedule 3 to the Principal Regulations substitute—
| "19 Vehicle necessary for apprenticeship | |
| A light motor vehicle (other than a motor cycle) that is registered or to be registered in the name of a person who— | |
| (a) is an apprentice within the meaning of the Education and Training Reform Act 2006 to which sections 5.5.15(1), 5.5.16(2), 5.5.16(3), 5.5.16(4), 5.5.17(1)(d) and 5.5.19 apply; and | |
| (b) is participating in an approved training scheme within the meaning of Part 5.5 of the Education and Training Reform Act 2006; and | |
| (c) either— | |
| (i) needs to drive the vehicle in the course of the person's apprenticeship (for example, in order to transport tools that are necessary for that apprenticeship); or | |
| (ii) as part of the person's apprenticeship, needs to regularly drive the vehicle to or from the person's place of employment between 8.30 p.m. and 5.30 a.m.; and | |
| (d) is not the registered operator of another vehicle the registration fee for which was determined under this item. |
|
22Schedule 5—Miscellaneous fees
(1)In Column 2 of item 7 in the Table in Schedule 5 to the Principal Regulations omit "and/or registration label".
(2)After item 9 in the Table in Schedule 5 to the Principal Regulations insert—
| "9A | Issue of national heavy vehicle number plate to a heavy vehicle (per set) or a heavy trailer (per plate) | 45(1) | $25". |
(3)In Column 2 of item 10 in the Table in Schedule 5 to the Principal Regulations, for "Replacement of standard number plate (per plate)" substitute "Replacement of number plate with standard number plate (per plate)".
(4)In Column 3 of item 10 in the Table in Schedule 5 to the Principal Regulations, for "46(b)" substitute "46(2)(a)".
(5)After item 10 in the Table in Schedule 5 to the Principal Regulations insert—
| "10A | Replacement of national heavy vehicle number plate to a heavy vehicle or a heavy trailer (per plate) | 46(2)(b) | $25 |
| 10B | Replacement of number plate with non-standard number plate (per plate) | 46(2)(c) | 2·37 fee units". |
(6)In Column 4 of item 11 in the Table in Schedule 5 to the Principal Regulations, for "$3.90" substitute "$4.00".
(7)In Column 4 of item 13(d) in the Table in Schedule 5 to the Principal Regulations, for "$6.30" substitute "$6.40".
23Schedule 6—Search and extract fees
In Schedule 6 to the Principal Regulations—
(a)in item 1, for "$9.40" substitute "$9.50";
(b)in item 2, for "$9.40" substitute "$9.50";
(c)in item 4, for "$9.40" substitute "$9.50";
(d)in item 5(i), for "$9.40" substitute "$9.50".
Part 3—Road Safety (Drivers) Regulations 2009
24Schedule 6—Search and extract fees
In Schedule 6 to the Road Safety (Drivers) Regulations 2009[2]—
(a)in item 1, for "$9.40" substitute "$9.50";
(b)in item 2, for "$9.40" substitute "$9.50";
(c)in item 4, for "$9.40" substitute "$9.50";
(d)in item 5(a), for "$9.40" substitute "$9.50".
Part 4—Road Safety (General) Regulations 2009
25Definitions
In regulation 5 of the Road Safety (General) Regulations 2009[3]—
(a)in the definition of fixed digital RSC, for "or (q)" substitute ", (q), (r) or (t)";
(b)in the definition of mobile digital RSC, for "30(o)" substitute "30(o), (s) or (u)".
26Prescribed road safety cameras
(1)In regulation 30(s) of the Road Safety (General) Regulations 2009, for "PoliScan Speed Mobile." substitute "PoliScan Speed Mobile; and".
(2)After regulation 30(s) of the Road Safety (General) Regulations 2009 insert—
"(t)the camera system known as the Gatso T‑Series; and
(u)the camera system known as the Gatso T‑Series Mobile.".
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Endnotes
[1]
Reg. 4: S.R. No. 118/2009. Reprint No. 2 as at 30 January 2015. Reprinted to S.R. No. 201/2014. Subsequently amended by
S.R. Nos 79/2015, 118/2015, 159/2015, 50/2016, 93/2016, 42/2017,
100/2017 and 117/2017.
[2] Reg. 24: 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 110/2017, 139/2017, 140/2017 and 47/2018.
[3] Reg. 25: 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 and 47/2018.
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