Road Safety (Drivers), (General) and (Vehicles) Interim Amendment Regulations 2020 (Vic)

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Road Safety (Drivers), (General) and (Vehicles) Interim Amendment Regulations 2020

S.R. No. 105/2020

table of provisions

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

Part 2—Amendment of Road Safety (Vehicles) Interim Regulations 2020

4Definitions

5Approved forms, notices etc.

6Exemptions from registration

7Registered operator

8Compliance with standards for registration

9Regulation 17 amended

10Regulation 18 amended

11Regulation 19 amended

12Installation of operations plates and the modification of vehicles

13Form of application

14Supporting evidence

15Inspection of vehicles for the purpose of registration

16Verification of supporting evidence

17Lodgement of application, supporting evidence and payment

18Inspection of vehicles

19Dealer certification scheme

20Information to be recorded in register

21Certificates of registration

22Period of registration

23Affixing number plate

24Regulation 46 substituted

25Regulation 47 substituted

26New regulations 47A and 47B inserted

27Obligations of registered operators

28Transfer of registration number rights

29Period of renewal of registration

30Application for transfer of registration by legal personal representative

31New regulation 81A inserted

32Form and supply of VIV certificate

33Application of certain fees

34Grounds for internal review

35Heading to Division 2 of Part 2.12 of Chapter 2 amended

36Who may apply for review

37Application for external review

38Regulation 127 amended

39Exemption for vehicles used for the purpose of obtaining registration

40Heading to Part 3.2 of Chapter 3 amended

41Application for permit

42Decision about issuing permit

43Regulation 133 substituted

44Permit may be subject to conditions

45Variation, revocation or expiry of permit

46Definitions

47Application for identification mark and trade plates

48New regulations 140A and 140B inserted

49Use of unregistered vehicle on highway without trade plate

50Use of unregistered vehicle with trade plates by prospective purchaser

51Definitions

52Regulation 151 substituted and new regulations 151A and 151B inserted

53Application for club permit

54Issue of club permit, club permit label and log book

55Regulation 155 amended

56New regulations 155A and 155B inserted

57Renewal of club permit

58Vehicle audits

59Suspension or cancellation of club permits

60Club permit number plates

61Notification regarding changes to club membership

62New regulation 163A inserted

63Tester's licence may be subject to conditions

64Regulation 199 amended

65Suspension and cancellation of tester's licence

66Action on expiry, surrender, suspension or cancellation of tester's licence

67Equipment to be used in examining and testing vehicles

68Proof of qualifications

69New regulation 208A inserted

70General duties of licensed tester

71First and second examination and test

72Completing test reports

73Supply of certificates of roadworthiness and test reports

74Cancellation of incomplete certificates

75What must be included in vehicle defect notice

76What defective vehicle label must contain

77Clearance of vehicle defect notices

78Regulation 237 substituted

79Load restraint requirement

80New clauses 137A to 137D inserted in Schedule 2—Vehicle Standards

81Schedule 5—Miscellaneous fees

Part 3—Amendment of Road Safety (Drivers) Regulations 2019

82Restrictions affecting certain motor cycle riders

83Schedule 3—Demerit points

84Schedule 5—Offences which disqualify drivers from free 3 year full driver licence

Part 4—Amendment of Road Safety (General) Regulations 2019

85Offences detected by road safety cameras or prescribed processes—operator onus offences

86Appropriation of fines

87Schedule 7—Traffic infringements

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Endnotes

statutory rules 2020

S.R. No. 105/2020

Road Safety Act 1986

Road Safety (Drivers), (General) and (Vehicles) Interim Amendment Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 29 September 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 amend the Road Safety (Vehicles) Interim Regulations 2020—

(i)to alter the minimum age of a registered operator; and

(ii)to exempt trailers owned by Life Saving Victoria from the requirement to be registered; and

(iii)to improve the administration of general identification marks and trade plates; and

(iv)to enable the transfer of a club permit to the surviving partner of a deceased permit holder; and

(v)to enable the Secretary to determine conditions that apply to the approval of a vehicle club; and

(vi)to enable the Secretary to determine additional operating conditions that apply to a club permit; and

(vii)to provide for additional grounds for internal review of decisions; and

(viii)to enable the Secretary to determine training requirements for persons involved in the examination and testing of vehicles; and

(ix)to make other minor and technical changes; and

(b)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) Interim Regulations 2020 and these Regulations.

2Authorising provision

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

3Commencement

These Regulations come into operation on 4 October 2020.

Part 2—Amendment of Road Safety (Vehicles) Interim Regulations 2020

4Definitions

(1)In regulation 5 of the Road Safety (Vehicles) Interim Regulations 2020[1]—

(a)in the definition of certificate of approved operations, after "22" insert "or 155B";

(b)for paragraph (b)(i) and (ii) of the definition of registered vehicle substitute

"(i)in the case of a heavy vehicle with seasonal registration, within 12 months after the expiry date; or

(ii)in any other case, within 3 months after the expiry date;";

(c)the definition of short term unregistered vehicle permit is revoked.

(2)Insert the following definitions in regulation 5 of the Road Safety (Vehicles) Interim Regulations 2020—

"corporation particulars of a corporation means—

(a)the name of the corporation; and

(b)the Australian Company Number or Australian Registered Body Number (if applicable); and

(c)evidence of incorporation (if applicable); and

(d)the residential address of the corporation; and

(e)the address for service of notices, if this is different from the residential address;

electric-powered vehicle means a vehicle that is powered by one or more electric motors or traction motors that—

(a)are the only propulsion system for the vehicle; or

(b)are used in conjunction with another propulsion system for the vehicle;

examining mechanic means a person employed by a licensed tester to carry out examinations and tests under Chapter 6;

hydrogen-powered vehicle means a vehicle that—

(a)is powered by a hydrogen fuel system; and

(b)has one or more hydrogen fuel containers fitted to the vehicle as part of the system;

legal personal representative means the executor original or by representation or administrator for the time being of a deceased person;

operating condition means a permanent or temporary condition imposed on a club permit under regulation 155B relating to the acceptable use of a vehicle under the club permit on a highway;

personal particulars has the same meaning as in regulation 5 of the Road Safety (Drivers) Regulations 2019;

seasonal registration means the registration of a heavy vehicle for a period referred to in regulation 40(1)(a)(ii) or 64(2)(b);

unregistered vehicle permit means a registration permit granted under Part 3.2 of Chapter 3 for the purposes of section 7(1) of the Act;

vehicle particulars, in relation to a vehicle, means the following details—

(a)the make, model and year of the vehicle;

(b)the registration number or registration permit number of the vehicle (if any);

(c)the vehicle identifier;

(d)the engine identification number of the vehicle (if any);

(e)the colour of the vehicle;

(f)the body type of the vehicle;".

5Approved forms, notices etc.

In regulation 11(1)(a) of the Road Safety (Vehicles) Interim Regulations 2020, for "138," substitute "131, 138, 151,".

6Exemptions from registration

(1)In regulation 12 of the Road Safety (Vehicles) Interim Regulations 2020—

(a)in paragraph (g)(iii), for "load." substitute "load;";

(b)after paragraph (g) insert

"(h)a trailer operated by Lifesaving Victoria Limited ACN 102 927 364 to transport inflatable rescue boats to the water's edge that is not intended for use on public roads.".

7Registered operator

In regulation 13(a)(i) of the Road Safety (Vehicles) Interim Regulations 2020—

(a)in sub-subparagraph (B), for "17 years and 9 months" substitute "18 years";

(b)in sub-subparagraph (C), for "17" substitute "16".

8Compliance with standards for registration

In regulation 15(2) of the Road Safety (Vehicles) Interim Regulations 2020, after "Secretary" insert "or an authorised person".

9Regulation 17 amended

(1)In the heading to regulation 17 of the Road Safety (Vehicles) Interim Regulations 2020, for "vehicle identification numbers" substitute "vehicle identifiers".

(2)In regulation 17(1)(a) of the Road Safety (Vehicles) Interim Regulations 2020, for "vehicle identification number" substitute "vehicle identifier".

10Regulation 18 amended

(1)In the heading to regulation 18 of the Road Safety (Vehicles) Interim Regulations 2020, for "identification number" substitute "identifier".

(2)In regulation 18 of the Road Safety (Vehicles) Interim Regulations 2020, for "identification number" substitute "identifier".

11Regulation 19 amended

(1)In the heading to regulation 19 of the Road Safety (Vehicles) Interim Regulations 2020, for "vehicle identification numbers" substitute "vehicle identifiers".

(2)In regulation 19(1)(a) of the Road Safety (Vehicles) Interim Regulations 2020, for "vehicle identification number" substitute "vehicle identifier".

(3)In regulation 19(3) of the Road Safety (Vehicles) Interim Regulations 2020, for "Secretary for" substitute "Secretary or an authorised person for".

12Installation of operations plates and the modification of vehicles

In regulation 22(3)(b) of the Road Safety (Vehicles) Interim Regulations 2020, for "a person appointed as an authorised officer under regulation 7" substitute "an authorised person".

13Form of application

For regulation 25(2) of the Road Safety (Vehicles) Interim Regulations 2020 substitute

"(2)An applicant must provide the following information—

(a)the personal particulars or the corporation particulars of the person seeking registration as the registered operator of the vehicle;

(b)the vehicle particulars;

(c)the proposed garage address of the vehicle.".

14Supporting evidence

After regulation 26(a) of the Road Safety (Vehicles) Interim Regulations 2020 insert

"(ab) the vehicle particulars;".

15Inspection of vehicles for the purpose of registration

In regulation 27(1) of the Road Safety (Vehicles) Interim Regulations 2020, after "inspection" insert "by the Secretary or an authorised person".

16Verification of supporting evidence

In regulation 28(1) of the Road Safety (Vehicles) Interim Regulations 2020, after "with the Secretary" insert "or an authorised person".

17Lodgement of application, supporting evidence and payment

In regulation 29 of the Road Safety (Vehicles) Interim Regulations 2020—

(a)in paragraph (g), for "27." substitute "27; and";

(b)after paragraph (g) insert

"(h)the relevant fee fixed by the Secretary under section 5AE(1) of the Act (if any).".

18Inspection of vehicles

In regulation 30(1) of the Road Safety (Vehicles) Interim Regulations 2020, after "inspection" insert "by the Secretary or an authorised person".

19Dealer certification scheme

For regulation 33(3) of the Road Safety (Vehicles) Interim Regulations 2020 substitute

"(3)The Secretary may require the person to pay the following fees specified in Schedule 5 for each vehicle to be registered—

(a)the relevant fee for the inspection of the vehicle by a dealer;

(b)the relevant administrative fee.".

20Information to be recorded in register

(1)In regulation 34(1) of the Road Safety (Vehicles) Interim Regulations 2020—

(a)after paragraph (a) insert

"(ab)the customer number of the vehicle's registered operator;

(ac)the vehicle particulars;";

(b)for paragraph (d) substitute

"(d)the residential address of the vehicle's registered operator;

(da)the address for the service of notices on the vehicle's registered operator;";

(c)in paragraph (f), for "codes" substitute "information".

(2)In regulation 34(2) of the Road Safety (Vehicles) Interim Regulations 2020—

(a)in paragraph (b), for "Regulations." substitute "Regulations; or";

(b)after paragraph (b) insert

"(c)the Heavy Vehicle National Law (Victoria).".

21Certificates of registration

In regulation 38(1) of the Road Safety (Vehicles) Interim Regulations 2020—

(a)for paragraph (f) substitute

"(f)if the vehicle is a heavy vehicle, the applicable vehicle charging category under Schedule 4;";

(b)for paragraph (h) substitute

"(h)if the vehicle has seasonal registration, the start date of the registration.".

22Period of registration

For regulation 40(1)(a)(ii) of the Road Safety (Vehicles) Interim Regulations 2020 substitute

"(ii)for seasonal registration for a period or periods of not less than 3 months and not more than 9 months, as nominated by the applicant for registration; or".

23Affixing number plate

(1)In regulation 45(1) of the Road Safety (Vehicles) Interim Regulations 2020—

(a)in paragraph (e)(ii), for "offences; and" substitute "offences.";

(b)paragraphs (f) and (g) are revoked.

(2)After regulation 45(1) of the Road Safety (Vehicles) Interim Regulations 2020 insert

"(1A)The registered operator of a vehicle must ensure that—

(a)in the case of a motor vehicle other than a motor cycle, trailer or agricultural machine, one number plate is affixed to the front of the vehicle and another to its rear; and

(b)in the case of a motor cycle or trailer, the number plate is affixed to the rear of the motor cycle or trailer; and

(c)in the case of an agricultural machine—

(i)one number plate is affixed to the rear of the vehicle; and

(ii)one number plate is affixed to the front of the vehicle if it is practicable to do so.".

24Regulation 46 substituted

For regulation 46 of the Road Safety (Vehicles) Interim Regulations 2020 substitute

"46   Label to be affixed to hydrogen-powered vehicle

A hydrogen-powered vehicle must have fixed conspicuously to each number plate—

(a)in the case of a heavy vehicle, a label that complies with Vehicles Standards Guide 27—Labelling requirements for Hydrogen and Electric-powered vehicles published by the National Heavy Vehicle Regulator in December 2019; and

(b)in the case of a light vehicle, a label that complies with clause 137A of Schedule 2.".

25Regulation 47 substituted

For regulation 47 of the Road Safety (Vehicles) Interim Regulations 2020 substitute

"47   Label to be affixed to electric-powered vehicle

An electric-powered vehicle must have fixed conspicuously to each number plate—

(a)in the case of a heavy vehicle, a label that complies with Vehicles Standards Guide 27—Labelling requirements for Hydrogen and Electric-powered vehicles published by the National Heavy Vehicle Regulator in December 2019; and

(b)in the case of a light vehicle, a label that complies with clause 137B of Schedule 2.".

26New regulations 47A and 47B inserted

After regulation 47 of the Road Safety (Vehicles) Interim Regulations 2020 insert

"47A   Label to be affixed to electric powered passenger car registered before 4 October 2020

An electric powered passenger car registered before 4 October 2020 must have fixed conspicuously to the front and rear number plates a label that complies with clause 137B or 137C of Schedule 2.

47BLabel to be affixed to hybrid vehicle registered before 4 October 2020

A hybrid vehicle registered before 4 October 2020 must have fixed conspicuously to the front and rear number plates a label that complies with clause 137B or 137D of Schedule 2.".

27Obligations of registered operators

In regulation 51(2) of the Road Safety (Vehicles) Interim Regulations 2020, for "ensure the vehicle is not used until the Secretary has been notified of the change" substitute "notify the Secretary of the change within 14 days".

28Transfer of registration number rights

(1)In regulation 54(1) of the Road Safety (Vehicles) Interim Regulations 2020 omit "(a transferee)".

(2)For regulation 54(2) of the Road Safety (Vehicles) Interim Regulations 2020 substitute

"(2)Notice of the transfer must be in the approved form and be completed and signed by—

(a)the person or the legal personal representative of the person from whom registration number rights have been transferred; and

(b)the person acquiring the registration number rights.".

(3)After regulation 54(2) of the Road Safety (Vehicles) Interim Regulations 2020 insert

"(3)For the purposes of subregulation (2)(a), a legal personal representative of a deceased person must establish to the satisfaction of the Secretary—

(a)the person's identity; and

(b)the person's authority to represent the estate of the deceased person.

(4)Registration number rights are transferred when—

(a)a transfer of registration occurs in accordance with Part 2.8 of Chapter 2; and

(b)the number plates for the registration number rights are assigned to the vehicle.".

29Period of renewal of registration

For regulation 64(2)(b) of the Road Safety (Vehicles) Interim Regulations 2020 substitute

"(b)   seasonal registration by specifying a period or periods totalling not less than 3 months and not more than 9 months to start—

(i)within 12 months after the expiry date of the previous seasonal registration; or

(ii)on a date specified by the registered operator in the application for renewal of registration.".

30Application for transfer of registration by legal personal representative

In regulation 75 of the Road Safety (Vehicles) Interim Regulations 2020—

(a)for "14" substitute "90";

(b)for paragraphs (a) to (c) substitute

"(a)evidence to the satisfaction of the Secretary of the registered operator's death; and

(b)evidence to the satisfaction of the Secretary to establish—

(i)  the person's identity; and

(ii)the person's authority to represent the estate of the registered operator; and

(c)a completed application for transfer of registration in the approved form; and

(d)the transfer fee for the transfer of the registration of the vehicle.".

31New regulation 81A inserted

After regulation 81 of the Road Safety (Vehicles) Interim Regulations 2020 insert

"81A   Secretary may cancel transfer of registration in cases of fraud

(1)The Secretary may cancel the transfer of registration of a registered vehicle if satisfied on reasonable grounds that the identity of the new registered operator is fraudulent.

(2)If the Secretary cancels a transfer of registration under subregulation (1), the Secretary may alter the register to reverse any entry relating to the fraudulent transfer.".

32Form and supply of VIV certificate

In regulation 97(2)(b) of the Road Safety (Vehicles) Interim Regulations 2020, for "administrative fee (if any)" substitute "fee specified in Schedule 5".

33Application of certain fees

In regulation 105(1) of the Road Safety (Vehicles) Interim Regulations 2020—

(a)in paragraph (a), for "12, 17, 19, 21, 22, 25 and 29 to 31" substitute "15, 17, 17A, 19, 21, 22, 24A, 25, 29, 29A, 30, 31";

(b)for paragraph (h) substitute

"(h)any fee payable for new standard club permit number plates or slimline club permit number plates referred to in regulation 161(7).".

34Grounds for internal review

In regulation 118(1) of the Road Safety (Vehicles) Interim Regulations 2020—

(a)in paragraph (i), for "a short term" substitute "an";

(b)in paragraph (m), for "vehicle." substitute "vehicle;";

(c)after paragraph (m) insert

"(n)a decision to cancel a general identification mark under regulation 140A;

(o)a decision to impose or vary a condition on the approval of a vehicle club under regulation 151A;

(p)  a decision to revoke the approval of a vehicle club under regulation 151B ;

(q)a decision to impose or vary an operating condition on a club permit under regulation 155B;

(r)a decision to impose or vary any condition, limitation or restriction on a tester's licence under regulation 196.".

35Heading to Division 2 of Part 2.12 of Chapter 2 amended

In the heading to Division 2 of Part 2.12 of Chapter 2 of the Road Safety (Vehicles) Interim Regulations 2020, after "written-off vehicles" insert "and tester's licences".

36Who may apply for review

At the end of regulation 122 of the Road Safety (Vehicles) Interim Regulations 2020 insert

"(2)A person referred to in section 15A(5) of the Act may apply to the Secretary for an internal review of the decision by the Secretary to suspend or cancel a tester's licence under regulation 203.".

37Application for external review

(1)In regulation 126(1) of the Road Safety (Vehicles) Interim Regulations 2020, for "118" substitute "118(1)(a) to (m)";

(2)In regulation 126(2) of the Road Safety (Vehicles) Interim Regulations 2020, for "12" substitute "12, 15A".

38Regulation 127 amended

(1)In the heading to regulation 127 of the Road Safety (Vehicles) Interim Regulations 2020, for "12" substitute "12, 15A".

(2)In regulation 127(1) of the Road Safety (Vehicles) Interim Regulations 2020—

(a)for "12 or 16E" substitute "12, 15A or 16E";

(b)in paragraph (a), for "125(1)" substitute "121 or 125";

(c)in paragraph (b), for "125(2)" substitute "121 or 125".

(3)In regulation 127(2) of the Road Safety (Vehicles) Interim Regulations 2020, for "125(2)" substitute "121 or 125".

(4)In regulation 127(3) of the Road Safety (Vehicles) Interim Regulations 2020, for "12" substitute "12, 15A".

(5)In regulation 127(4) of the Road Safety (Vehicles) Interim Regulations 2020, for "12" substitute "12, 15A".

39Exemption for vehicles used for the purpose of obtaining registration

(1)In regulation 128(2) of the Road Safety (Vehicles) Interim Regulations 2020, for "Licensed Vehicle Tester" substitute "licensed tester or an examining mechanic".

(2)In regulation 128(3) of the Road Safety (Vehicles) Interim Regulations 2020, in paragraph (a) of the definition of direct or convenient route, for "inspected for the purpose of obtaining registration" substitute "the place in which the inspection for the purpose of obtaining registration is booked".

40Heading to Part 3.2 of Chapter 3 amended

In the heading to Part 3.2 of Chapter 3 of the Road Safety (Vehicles) Interim Regulations 2020, for "Short term unregistered" substitute "Unregistered".

41Application for permit

(1)In regulation 131(1) of the Road Safety (Vehicles) Interim Regulations 2020, for "a short term" substitute "an".

(2)For regulation 131(2) of the Road Safety (Vehicles) Interim Regulations 2020 substitute

"(2)The application must be in the approved form and include the following information—

(a)the personal particulars or the corporation particulars of the person seeking the unregistered vehicle permit for a vehicle;

(b)the vehicle particulars;

(c)the proposed garage address of the vehicle.

(3)The application must be accompanied by—

(a)the relevant fee specified in Schedule 5; and

(b)any transport accident charge payable under the Transport Accident Act 1986.".

42Decision about issuing permit

In regulation 132(1) and (2) of the Road Safety (Vehicles) Interim Regulations 2020, for "a short term" substitute "an".

43Regulation 133 substituted

For regulation 133 of the Road Safety (Vehicles) Interim Regulations 2020 substitute

"133   Authorisation given by permit

An unregistered vehicle permit for a vehicle authorises the use of the vehicle—

(a)on a highway or on particular roads or road-related areas specified in the permit; and

(b)during the period for which the permit is valid; and

(c)in accordance with the conditions to which the permit is subject.".

44Permit may be subject to conditions

In regulation 134 of the Road Safety (Vehicles) Interim Regulations 2020—

(a)for "A short term" substitute "An";

(b)in paragraph (a), for "that" substitute "if the permit is in paper form, that";

(c)after paragraph (a) insert

"(ab)if the permit is in electronic form, that the driver of the vehicle—

(i)print the permit in paper form and affix the permit to the vehicle in accordance with paragraph (a); or

(ii)on the request of a police officer or an authorised officer, produce, by means of an electronic communication, an electronic form of the permit;".

45Variation, revocation or expiry of permit

(1)In regulation 135(1) of the Road Safety (Vehicles) Interim Regulations 2020, for "a short term" (where three times occurring) substitute "an".

(2)In regulation 135(2) of the Road Safety (Vehicles) Interim Regulations 2020, for "a short term" substitute "an".

(3)In regulation 135(3) of the Road Safety (Vehicles) Interim Regulations 2020, for "A short term" substitute "An".

46Definitions

In regulation 136 of the Road Safety (Vehicles) Interim Regulations 2020, in paragraph (f) of the definition of eligible person, omit "first".

47Application for identification mark and trade plates

After regulation 138(2)(a) of the Road Safety (Vehicles) Interim Regulations 2020 insert

"(ab)be accompanied by the relevant fee specified in Schedule 5; and ".

48New regulations 140A and 140B inserted

After regulation 140 of the Road Safety (Vehicles) Interim Regulations 2020 insert

"140A   Cancellation of general identification mark and return of trade plates

(1)The Secretary must cancel a general identification mark assigned to a person and require the person to return the trade plates issued for the general identification mark if—

(a)the general identification mark was assigned to a person who was not an eligible person; or

(b)the general identification mark was assigned in error; or

(c)the payment of the annual fee for the general identification mark under regulation 140 was dishonoured; or

(d)the Secretary has received written advice from Victoria Police or another enforcement agency that the person has contravened regulation 140B.

(2)If the Secretary cancels a general identification mark, the Secretary must give the person to whom it was issued written notice of—

(a)the Secretary's decision; and

(b)the person's rights to internal review of the decision under Part 2.12 of Chapter 2.

140BMisuse of general identification mark or trade plates

(1)A driver of a vehicle must not use a general identification mark or the trade plates issued for the general identification mark otherwise than in accordance with this Part.

Penalty:5 penalty units.

(2)A person to whom a general identification mark is assigned must not cause or permit the general identification mark or the trade plates issued for the general identification mark to be used otherwise than in accordance with this Part.

Penalty:5 penalty units.".

49Use of unregistered vehicle on highway without trade plate

In regulation 143(a)(ii) of the Road Safety (Vehicles) Interim Regulations 2020, for "25" substitute "100".

50Use of unregistered vehicle with trade plates by prospective purchaser

For regulation 145(1) of the Road Safety (Vehicles) Interim Regulations 2020 substitute

"(1)This regulation applies if an eligible person is a dealer and the vehicle is not registered in Victoria or another jurisdiction.".

51Definitions

In regulation 149 of the Road Safety (Vehicles) Interim Regulations 2020, the definition of financial member is revoked.

52Regulation 151 substituted and new regulations 151A and 151B inserted

For regulation 151 of the Road Safety (Vehicles) Interim Regulations 2020 substitute

"151   Application to be an approved club

(1)An office bearer of a vehicle club may apply to the Secretary for approval of the vehicle club for the purposes of this Part.

(2)The application must—

(a)be in the approved form; and

(b)include—

(i)written evidence of the officer bearer's authority to make the application on behalf of the vehicle club; and

(ii)an acknowledgement by the vehicle club of the requirement to comply with the conditions referred to in regulation 151A(1).

151AApproval of vehicle club

(1)   The Secretary may approve a vehicle club for the purposes of this Part and impose any conditions on the approval that the Secretary thinks fit.

(2)If the Secretary approves a vehicle club under subregulation (1), the Secretary must give written notice of the approval to the vehicle club.

(3)The Secretary, from time to time, may vary or remove a condition imposed under subregulation (1) by giving written notice to the president of the approved club.

(4)If the Secretary varies or removes a condition under subregulation (3), the Secretary must give the president of the approved club written notice of—

(a)the Secretary's decision; and

(b)the club's rights to internal review of the decision under Part 2.12 of Chapter 2.

151BRevocation of approval of vehicle club

(1)If the Secretary considers that an approved club is no longer able to uphold the integrity of the club permit scheme, the Secretary may revoke the Secretary's approval of the vehicle club.

(2)If the Secretary revokes an approval under subregulation (1), the Secretary must give the president of the vehicle club written notice of—

(a)the Secretary's decision; and

(b)the club's rights to internal and external review of the decision under Part 2.12 of Chapter 2.

(3)If the Secretary revokes an approval under subregulation (1) and—

(a)the vehicle club does not seek an internal review of that decision; or

(b)the revocation is upheld following an internal review—

the Secretary must notify each member of that club that the member has 28 days to become a member of another approved club in order to comply with regulation 155A(1)(a).".

53Application for club permit

(1)In regulation 152(1) of the Road Safety (Vehicles) Interim Regulations 2020—

(a)omit "financial" (where first occurring);

(b)for paragraph (b) substitute

"(b)a written statement by an office bearer of the approved club that the applicant is a member of the approved club; and

(ba)a completed vehicle eligibility and standards declaration for club permit vehicles in the approved form; and";

(c)in paragraph (e), for "administrative fee" substitute "relevant fee";

(d)after paragraph (e) insert

"(ea)either—

(i)the relevant fee specified in Schedule 5 for the issue of a standard club permit number plate; or

(ii)the fee fixed by the Secretary under section 5AE of the Act for a slimline club permit number plate;";

(e)in paragraph (f)—

(i)in subparagraph (i), for "name, residential address and date of birth" substitute "personal particulars or corporation particulars";

(ii)for subparagraph (ii) substitute

"(ii)the vehicle particulars;";

(iii)subparagraph (iv) is revoked;

(iv)in subparagraph (vi), for "by the Secretary" substitute "in the approved form".

(2)After regulation 152(1) of the Road Safety (Vehicles) Interim Regulations 2020 insert

"(1A)The holder of a 45 day club permit may request a second 45 day club permit for an eligible vehicle during a permit period.".

(3)In regulation 152(2)(d) of the Road Safety (Vehicles) Interim Regulations 2020 omit "financial".

54Issue of club permit, club permit label and log book

In regulation 153(2) of the Road Safety (Vehicles) Interim Regulations 2020—

(a)in paragraph (d), for "period." substitute "period; and";

(b)after paragraph (d) insert

"(e)specify any operating condition applying to the club permit.".

55Regulation 155 amended

(1)In the heading to regulation 155 of the Road Safety (Vehicles) Interim Regulations 2020 omit "and conditions".

(2)Regulation 155(2) of the Road Safety (Vehicles) Interim Regulations 2020 is revoked.

56New regulations 155A and 155B inserted

After regulation 155 of the Road Safety (Vehicles) Interim Regulations 2020 insert

"155A   General conditions of a club permit

(1)A club permit is subject to the condition that the permit holder—

(a)remain a member of an approved club; and

(b)comply with the log book obligations in regulation 154; and

(c)if requested by the Secretary, make the vehicle operated under the club permit available for a vehicle audit in accordance with regulation 158; and

(d)comply with the requirements for notification regarding changes to club membership in regulation 163; and

(e)carry the club permit and the log book issued in relation to the vehicle operated under the club permit in that vehicle at all times the vehicle is being used on a highway; and

(f)notify the Secretary within 14 days of—

(i)a change to the permit holder's name, residential address or any other address provided to the Secretary for service of notices; and

(ii)a change to the vehicle particulars or the vehicle being modified; and

(iii)a change to the garage address of the vehicle.

(2)A vehicle operated under a club permit—

(a)must be safe for use on a highway; and

(b)must display the club permit label in accordance with regulation 153(4) and the club permit number plate or plates in accordance with regulation 45; and

(c)must not be used—

(i)for hire or reward for the carriage of goods or freight; or

(ii)to provide a commercial passenger vehicle service (within the meaning of section 4 of the Commercial Passenger Vehicle Industry Act 2017).

155BOperating conditions

(1)In addition to the general conditions referred to in regulation 155A, the Secretary may impose, vary or remove an operating condition on a club permit.

(2)If the Secretary imposes, varies or removes an operating condition under subregulation (1), the Secretary must give the permit holder—

(a)written notice of the change; and

(b)a certificate of approved operations that lists the operating conditions applicable to the vehicle; and

(c)written notice of the permit holder's rights to internal review of the decision under Part 2.12 of Chapter 2.".

57Renewal of club permit

In regulation 157(1)(b) of the Road Safety (Vehicles) Interim Regulations 2020—

(a)for "the club secretary of the approved club or another person authorised by" substitute "an office bearer of";

(b)omit "financial".

58Vehicle audits

In regulation 158(1)(a) of the Road Safety (Vehicles) Interim Regulations 2020, after "vehicle inspection" insert "by the Secretary or an authorised person".

59Suspension or cancellation of club permits

In regulation 159(1)(b) of the Road Safety (Vehicles) Interim Regulations 2020, after "club permit" insert "specified in regulation 155A".

60Club permit number plates

(1)In regulation 161(2) of the Road Safety (Vehicles) Interim Regulations 2020, for "the first issue of a club permit to a permit holder in respect of an eligible vehicle" substitute "payment of the relevant fee specified in Schedule 5 for a standard club permit number plate".

(2)For regulation 161(4) of the Road Safety (Vehicles) Interim Regulations 2020 substitute

"(4)An applicant under subregulation (3) must pay—

(a)the relevant fee specified in Schedule 5 for the issue of a standard club permit number plate; or

(b)the fee fixed by the Secretary under section 5AE of the Act.".

(3)In regulation 161(7) of the Road Safety (Vehicles) Interim Regulations 2020, for "a replacement club permit number plate or a replacement slimline club permit number plate" substitute "the issue of new standard club permit number plates or new slimline club permit number plates".

(4)Regulation 161(8) of the Road Safety (Vehicles) Interim Regulations 2020 is revoked.

61Notification regarding changes to club membership

In regulation 163 of the Road Safety (Vehicles) Interim Regulations 2020 omit "financial" (wherever occurring).

62New regulation 163A inserted

After regulation 163 of the Road Safety (Vehicles) Interim Regulations 2020 insert

"163A   Reassignment of club permit

(1)A club permit may be reassigned to a surviving spouse or domestic partner on the death of a permit holder.

(2)An application to the Secretary for the reassignment of the club permit must be—

(a)made by the legal personal representative of the permit holder within 90 days after becoming the legal personal representative; and

(b)in the approved form; and

(c)accompanied by—

(i)evidence to the satisfaction of the Secretary of the permit holder's death; and

(ii)evidence to the satisfaction of the Secretary to establish—

(A)  the identity of the legal personal representative; and

(B)the person's authority to represent the estate of the permit holder; and

(iii)a written statement by an office bearer of the approved club confirming that the surviving spouse or domestic partner is a member of that vehicle club.".

63Tester's licence may be subject to conditions

(1)After regulation 196(1) of the Road Safety (Vehicles) Interim Regulations 2020 insert

"(1A)The Secretary, from time to time, may vary a condition, limitation or restriction of a tester's licence.

(1B)If the Secretary varies a condition, limitation or restriction of a tester's licence, the Secretary must give written notice to the licence holder of—

(a)the varied condition, limitation or restriction; and

(b)the date from which the varied condition, limitation or restriction applies.".

(2)In regulation 196(2) of the Road Safety (Vehicles) Interim Regulations 2020, after "tester" insert "or an examining mechanic".

(3)After regulation 196(2) of the Road Safety (Vehicles) Interim Regulations 2020 insert

"(3)Non-compliance with a condition, limitation or restriction of the tester's licence is a breach of the regulations for the purpose of section 15A(1)(d) of the Act.".

64Regulation 199 amended

(1)In the heading to regulation 199 of the Road Safety (Vehicles) Interim Regulations 2020, after "testers" insert "and examining mechanics".

(2)In regulation 199(1) of the Road Safety (Vehicles) Interim Regulations 2020, after "testers" insert "and examining mechanics authorised under the tester's licence to carry out examinations and tests under Part 6.".

(3)In regulation 199(2) of the Road Safety (Vehicles) Interim Regulations 2020—

(a)before paragraph (a) insert

"(aa)each examining mechanic authorised under the tester's licence; and";

(b)in paragraph (a), for "tester is licensed to" substitute "licensed tester and any examining mechanic may";

(c)in paragraph (b), for "tester" substitute "licensed tester and any examining mechanic".

65Suspension and cancellation of tester's licence

For regulation 203(3) of the Road Safety (Vehicles) Interim Regulations 2020 substitute

"(3)If the Secretary suspends or cancels the tester's licence, the Secretary must give the person a written notice—

(a)of either the period of the suspension of the licence or that the licence has been cancelled, as the case may be; and

(b)of the period for which the person is disqualified from reapplying for a licence (if applicable); and

(c)of the person's right to an internal review of the decision under Division 2 of Part 2.12 of Chapter 2.

Note

Section 15A(5) of the Act provides a right of appeal to the Magistrates' Court against a decision of the Secretary to suspend or cancel the tester's licence.".

66Action on expiry, surrender, suspension or cancellation of tester's licence

In regulation 205(1) of the Road Safety (Vehicles) Interim Regulations 2020, for "for the licence" substitute "within 7 days of the date of expiry, surrender, suspension or cancellation".

67Equipment to be used in examining and testing vehicles

In regulation 206 of the Road Safety (Vehicles) Interim Regulations 2020—

(a)after "licensed tester" insert "or an examining mechanic";

(b)after "the tester" insert "or examining mechanic".

68Proof of qualifications

In regulation 208 of the Road Safety (Vehicles) Interim Regulations 2020, for "tester or a person employed or apparently employed by the tester to examine and test vehicles" substitute "licensed tester or an examining mechanic".

69New regulation 208A inserted

After regulation 208 of the Road Safety (Vehicles) Interim Regulations 2020 insert

"208A   Training

(1)The Secretary, from time to time, may determine training to be undertaken by a licensed tester or an examining mechanic as a condition of a tester's licence.

(2)When requested to do so by the Secretary, a licensed tester must attend and successfully complete, or ensure that an examining mechanic attend and complete, any training reasonably required by the Secretary under subregulation (1).

(3)If a licensed tester fails to comply with a request under subregulation (2), the Secretary, in accordance with regulation 203, may suspend or cancel the tester's licence under section 15A(1)(d) of the Road Safety Act 1986.

Notes

1.    Regulation 203 sets out the procedure to be followed by the Secretary before the Secretary suspends or cancels a tester's licence. 

2. Section 15A(5) of the Act provides a right of appeal to the Magistrates' Court against a decision of the Secretary to suspend or cancel a tester's licence.".

70General duties of licensed tester

(1)In regulation 210(3) of the Road Safety (Vehicles) Interim Regulations 2020, for "tester must give efficient service to any person presenting a vehicle for examination and testing within the limits of the tester's licence and, if asked by the person," substitute "tester, if asked by a person presenting a vehicle for examination and testing, must".

(2)In regulation 210(4) of the Road Safety (Vehicles) Interim Regulations 2020, for "a person employed or authorised by a licensed tester to examine and test vehicles and ensure those persons properly discharge" substitute "an examining mechanic to ensure the examining mechanic properly discharges".

(3)In regulation 210(6)(b) of the Road Safety (Vehicles) Interim Regulations 2020, for "7" substitute "14".

71First and second examination and test

(1)In regulation 213(1) and (2) of the Road Safety (Vehicles) Interim Regulations 2020, for "a person employed or authorised by the licensed tester" substitute "an examining mechanic".

(2)In regulation 213(3) of the Road Safety (Vehicles) Interim Regulations 2020—

(a)for "a person authorised by the licensed tester" substitute "an examining mechanic";

(b)in paragraph (b), for "7" substitute "14".

(3)In regulation 213(5) and (6) of the Road Safety (Vehicles) Interim Regulations 2020, for "a person employed or authorised by the licensed tester" substitute "an examining mechanic".

(4)In regulation 213(8) of the Road Safety (Vehicles) Interim Regulations 2020, for "7" substitute "14".

72Completing test reports

In regulation 214(1) of the Road Safety (Vehicles) Interim Regulations 2020, for "a person employed or authorised by the licensed tester" substitute "an examining mechanic".

73Supply of certificates of roadworthiness and test reports

In regulation 220(1)(b) of the Road Safety (Vehicles) Interim Regulations 2020, for "administrative fee (if any)" substitute "fee specified in Schedule 5".

74Cancellation of incomplete certificates

In regulation 221 of the Road Safety (Vehicles) Interim Regulations 2020—

(a)after "tester" (where twice occurring) insert "or examining mechanic";

(b)in paragraph (a), for "7" substitute "14".

75What must be included in vehicle defect notice

In regulation 229(i) of the Road Safety (Vehicles) Interim Regulations 2020 omit "name,".

76What defective vehicle label must contain

In regulation 232(d) of the Road Safety (Vehicles) Interim Regulations 2020 omit "name,".

77Clearance of vehicle defect notices

(1)For regulation 235(2) of the Road Safety (Vehicles) Interim Regulations 2020 substitute

"(2)A vehicle defect notice may be cleared by—

(a)the Secretary; or

(b)a corresponding registration authority; or

(c)a licensed tester; or

(d)an authorised officer; or

(e)an authorised person.".

(2)In regulation 235(4)(a) and (b) of the Road Safety (Vehicles) Interim Regulations 2020, for "Secretary or a corresponding registration authority" substitute "Secretary, corresponding registration authority, licensed tester, authorised officer or authorised person".

78Regulation 237 substituted

For regulation 237 of the Road Safety (Vehicles) Interim Regulations 2020 substitute

"237   Offence for unauthorised removal or defacement of vehicle defect label

A person, other than a person referred to in regulation 235(4), must not remove or deface a vehicle defect label which has been affixed to a vehicle unless authorised to do so by—

(a)the Secretary; or

(b)an officer of a corresponding registration authority; or

(c)a licensed tester; or

(d)an authorised officer; or

(e)an authorised person.

Penalty:10 penalty units.".

79Load restraint requirement

(1)In regulation 243(1) of the Road Safety (Vehicles) Interim Regulations 2020—

(a)in paragraph (c), for "unstable." substitute "unstable; and";

(b)after paragraph (c) insert

"(d)the load must be placed and secured on the vehicle in compliance with the performance standards set out in the Load Restraint Guide for Light Vehicles 2018, published by the National Transport Commission.".

(2)Regulation 243(2) of the Road Safety (Vehicles) Interim Regulations 2020 is revoked.

80New clauses 137A to 137D inserted in Schedule 2—Vehicle Standards

After clause 137 of Schedule 2 to the Road Safety (Vehicles) Interim Regulations 2020 insert

'137A   Hydrogen-powered vehicles

(1)A hydrogen-powered vehicle or a vehicle modified to be a hydrogen-powered vehicle must have fixed conspicuously to each number plate—

(a)in the case of a hydrogen-powered vehicle fitted with one hydrogen fuel container, a label that complies with subclause (2); or

(b)in the case of a hydrogen-powered vehicle fitted with 2 or more hydrogen fuel containers, 2 labels that comply with subclause (2).

(2)For the purposes of subclause (1), a label complies with this subclause if the label is a regular pentagonal shape—

(a)each side of which is 20 millimetres long; and

(b)that is made of metal and at least one millimetre thick; and

(c)that is reflective yellow; and

(d)that is marked "H" in an upright position on the label in a black capital letter at least 10 millimetres high in the orientation shown in the example; and

(e)that does not wholly or partly obscure any characters on the number plates.

Example

Note

The example of the label is for illustrative purposes only and does not represent the label's actual size, dimensions or colour.

137BElectric-powered vehicles

(1)An electric-powered vehicle or a vehicle modified to be an electric-powered vehicle must have fixed conspicuously to each number plate a label that is an equilateral triangular shape—

(a)each side of which is 30 millimetres in length; and

(b)that must be made of metal and at least one millimetre thick; and

(c)that is reflective blue; and

(d)that is marked "EV" in an upright position on the label in white capital letters at least 8 millimetres high in the orientation shown in the example; and

(e)that does not wholly or partly obscure any characters on the number plates.

Example

Note

The example of the label is for illustrative purposes only and does not represent the label's actual size, dimensions or colour.

(2)This clause does not apply to a hydrogen-powered vehicle even if the vehicle is fitted with an electric motor or traction motor that is used in conjunction with a hydrogen fuel system for the propulsion of the vehicle.

137CElectric powered passenger cars registered before 4 October 2020

(1)This clause applies to an electric powered passenger car that was registered before 4 October 2020.

(2)An electric powered passenger car must have fixed conspicuously to each number plate a label that is—

(a)made of durable material; and

(b)at least 25 millimetres wide and 25 millimetres high; and

(c)mounted as a diamond; and

(d)reflective blue; and

(e)marked "EV" in capital letters at least 6 millimetres high.

(3)An electric powered passenger car registered before 4 October 2020 is taken to comply with subclause (2) if it has fixed conspicuously to each number plate a label that complies with clause 137B.

137DHybrid vehicles registered before 4 October 2020

(1)This clause applies to a hybrid vehicle that was registered before 4 October 2020.

(2)A hybrid vehicle must have fixed conspicuously to each number plate a label that is—

(a)made of durable material; and

(b)at least 25 millimetres wide and 25 millimetres high; and

(c)mounted as a diamond; and

(d)reflective green; and

(e)marked "HYBRID" in capital letters at least 6 millimetres high.

(3)A hybrid vehicle before 4 October 2020 is taken to comply with subclause (2) if it has fixed conspicuously to each number plate a label that complies with clause 137B.'.

81Schedule 5—Miscellaneous fees

In Schedule 5 to Road Safety (Vehicles) Interim Regulations 2020—

(a)in item 6—

(i)in Column 2, for "certification inspection report book" substitute "inspection fee";

(ii)in Column 4, for "38·54" substitute "1·54";

(b)after item 17 insert

"17A Electronic VIV certificate 97(2)(b) 1·75 fee units";

(c)in item 20, in Column 2, for "Short-term unregistered" substitute "Unregistered";

(d)after item 24 insert

"24A Issue of standard club permit number plate (per plate) 152(1)(ea) 1·28 fee units";

(e)after item 29 insert

"29A Electronic certificate of roadworthiness 220(1)(b) $3.17".

Part 3—Amendment of Road Safety (Drivers) Regulations 2019

82Restrictions affecting certain motor cycle riders

In regulation 59(7)(b) of the Road Safety (Drivers) Regulations 2019[2], for "Road Safety (Vehicles) Regulations 2009" substitute "Road Safety (Vehicles) Interim Regulations 2020".

83Schedule 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)R 240(1)" substitute "RS(V)IR 233(1)";

(b)in Column 1 of item 15, omit "towing";

(c)in Column 2 of item 15, for "RS(V)R" substitute "RS(V)IR";

(d)in Column 2 of item 34, for "RS(V)R 240(1)" substitute "RS(V)IR 233(1)".  

(2)At the foot of the table in Schedule 3 to the Road Safety (Drivers) Regulations 2019, for "RS(V)R means the Road Safety (Vehicles) Regulations 2009" substitute "RS(V)IR means the Road Safety (Vehicles) Interim Regulations 2020".

84Schedule 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) Interim Regulations 2020

Regulations 254(2) and 261.".

Part 4—Amendment of Road Safety (General) Regulations 2019

85Offences detected by road safety cameras or prescribed processes—operator onus offences

In regulation 31(d) of the Road Safety (General) Regulations 2019[3], for "Road Safety (Vehicles) Regulations 2009" substitute "Road Safety (Vehicles) Interim Regulations 2020[4]".

86Appropriation of fines

In regulation 79(1)(a)(ii) of the Road Safety (General) Regulations 2019, for "Road Safety (Vehicles) Regulations 2009" substitute "Road Safety (Vehicles) Interim Regulations 2020".

87Schedule 7—Traffic infringements

(1)At the head of the table in Schedule 7 to the Road Safety (General) Regulations 2019, for "RS(V)R means the Road Safety (Vehicles) Regulations 2009" substitute "RS(V)IR means the Road Safety (Vehicles) Interim Regulations 2020".

(2)In Column 3 of the table in Schedule 7 to the Road Safety (General) Regulations 2019—

(a)in item 20, for "RS(V)R 182(1), 182(2), 182(3)" substitute "RS(V)IR 186(1), 186(2), 186(3)";

(b)in item 21, for "RS(V)R 183(1), 183(2), 183(3), 184(1), 184(2), 184(3), 185(1), 185(2), 186(1), 186(2)" substitute "RS(V)IR 187(1), 187(2), 187(3), 188(1), 188(2), 188(3), 189(1), 189(2), 190(1), 190(2)";

(c)in item 22, for "RS(V)R 260(1), 260(2)" substitute "RS(V)IR 255(1), 255(2)";

(d)in item 158, for "RS(V)R 56(1)" substitute "RS(V)IR 51(1)";

(e)in item 180, for "RS(V)R 50(1), 50(2)" substitute "RS(V)IR 49(1), 49(2)";

(f)in item 181, for "RS(V)R 156(4A), 156(4B), 245A(1), 245A(2), 245A(3), 245A(4), 245A(5)" substitute "RS(V)IR 153(5), 153(6), 240(1), 240(2), 240(3), 240(4), 240(5)";

(g)in item 182, for "RS(V)R 70(2), 118(2), 118(3)" substitute "RS(V)IR 66(2), 116(1), 116(2)";

(h)in item 183, for "RS(V)R 71(1), 71(2), 71(3)" substitute "RS(V)IR 67(1), 67(2), 67(3)";

(i)in item 184, for "RS(V)R 77(1), 77(2)" substitute "RS(V)IR 73(1), 73(2)";

(j)in item 185, for "RS(V)R 72(1), 73(1)" substitute "RS(V)IR 68(1), 69(1)";

(k)in item 186, for "RS(V)R 245(1), 245(2), 245(3), 245(4), 245(5), 246(1), 246(2), 246(3), 246(4), 246(5), 247(1), 247(2), 247(3), 247(4), 247(5)" substitute "RS(V)IR 239(1), 239(2), 239(3), 239(4), 239(5), 241(1), 241(2), 241(3), 241(4), 241(5), 242(1), 242(2), 242(3), 242(4), 242(5)";

(l)in item 207, for "RS(V)R 257(1), 258(2), 259(1)" substitute "RS(V)IR 252(1), 253(1), 254(1)";

(m)in item 208, for "RS(V)R 244" substitute "RS(V)IR 237";

(n)in item 209, for "RS(V)R 240(1)" substitute "RS(V)IR 233(1)";

(o)in item 210, for "RS(V)R 240(1)" substitute "RS(V)IR 233(1)";

(p)in item 211, for "RS(V)R 175(1), 175(2), 175(3)" substitute "RS(V)IR 179(1), 179(2), 179(3)";

(q)in item 231, for "RS(V)R 174(1), 174(2), 174(3)" substitute "RS(V)IR 178(1), 178(2), 178(3)";

(r)in item 305, for "RS(V)R 253(1), 253(3), 253(4)" substitute "RS(V)IR 248(1), 248(3), 248(4)";

(s)in item 306, for "RS(V)R 252(2), 252(3), 252(4)" substitute "RS(V)IR 247(2), 247(3), 247(4)";

(t)in item 307, for "RS(V)R 252(2), 252(3), 252(4)" substitute "RS(V)IR 247(2), 247(3), 247(4)";

(u)in item 308, for "RS(V)R 252(2), 252(3), 252(4)" substitute "RS(V)IR 247(2), 247(3), 247(4)";

(v)in item 309, for "RS(V)R 252(2), 252(3), 252(4)" substitute "RS(V)IR 247(2), 247(3), 247(4)".

(3)After item 186 of the table in Schedule 7 to the Road Safety (General) Regulations 2019, insert

"186A 0960 RS(V)IR 140B(1) 1 penalty unit".

═════════════

Endnotes


[1] Reg. 4: S.R. No. 96/2020.

[2] Reg. 82: S.R. No. 100/2019 as amended by S.R. Nos 120/2019 and 172/2019.

[3] Reg. 85: S.R. No. 88/2019 as amended by S.R. Nos 104/2019 and 172/2019.

[4] Reg. 85: S.R. No. 96/2020.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2020 is $14.81. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee 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 fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulations 24 and 25 which amend regulations 46 and 47 respectively Vehicles Standards Guide 27—Labelling requirements for Hydrogen and Electric-powered vehicles published by the National Heavy Vehicle Regulator in December 2019 The whole
Regulation 79 which amends regulation 243 Load Restraint Guide for Light Vehicles 2018, published by the National Transport Commission The whole
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