Road Safety (Drivers) Regulations 2019 (Vic)
Version No. 019
Road Safety (Drivers) Regulations 2019
S.R. No. 100/2019
Version incorporating amendments as at
3 April 2025
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Revocation
5Definitions
Part 2—Driver licences and learner permits
Division 1—Authority to drive motor vehicle
6Categories of motor vehicles for licensing purposes
7Authority given by licences and permits
8Category of driver licence or learner permit may be shown by code
9Authorisation for driver under instruction
10Authorisation for driver of motor vehicle (other than a motor cycle) under assessment
11Authorisation for driver of motor cycle under assessment
12Authorisation for holder of non-Victorian licence or permit
13Exceptions to authorisation under regulation 12
Division 2—Prescribed requirements for grant or variation of driver licence
14Prescribed requirements for driver licence
15Requirement for car driver licence
16Additional requirements for car driver licence applicant under the age of 21 years
17Requirement for motor cycle licence
18Requirement for light rigid vehicle licence or medium rigid vehicle licence
19Requirement for heavy rigid vehicle licence
20Requirement for heavy combination vehicle licence
21Requirement for multi-combination vehicle licence
22Calculating periods for which a person has held a driver licence
Division 3—Procedures for grant or variation of driver licence or grant of learner permit
23Prescribed procedures for application for the grant or variation of driver licence or learner permit
24Car driver licence applicants under the age of 21 years
25Consideration of application and decision
26Appointment to verify non-Victorian licence or permit
27Applicants who have a licence or permit issued outside Victoria
28Grant of driver licence or learner permit after surrender or defacement
29Conditions of driver licences or learner permits
30Application for reduced period for which person is ineligible to be granted a driver licence or learner permit
Division 4—Alcohol interlocks
31Definition of minimum compliance period
32Prescribed alcohol interlock usage data requirements
33Report to accompany application for exemption from or removal of alcohol interlock condition on medical grounds
34Offences relating to alcohol interlocks and privacy of motor vehicle occupants
35Application to avoid imposition of alcohol interlock condition
35AApplication for exemption from prescribed alcohol interlock usage data requirements
35BPower of driving instructor to require person subject to alcohol interlock condition to prove not alcohol affected in certain circumstances
35CRequirements for the assessment of a driver who is subject to an alcohol interlock condition
35DRequirements for the supervision of a driver who is subject to an alcohol interlock condition
35ETransfer of approval of alcohol interlock supplier
Division 5—Behaviour change program
36Persons not required to complete first‑stage behaviour change program
37Persons required to complete second-stage behaviour change program
38Prescribed information to be included in notification—behaviour change program
39Certificate of completion—behaviour change program
39ATransfer of approval of provider—behaviour change program
Division 5A—Safe driving program
39BTransfer of approval of provider—safe driving program
Division 6—Renewal of licence
40Renewal notice
41Renewal of driver licence
42Expiry date of renewed driver licence
Division 7—Surrender of driver licence or learner permit
43Surrender and cancellation of driver licence or learner permit
Division 8—Learner drivers
44Term of learner permit
45Surrender of physical learner permit document
46Renewal of learner permit
47Restrictions affecting learner drivers
48Learner driver must display L plates
Division 9—Probationary drivers
49Probationary driver licence
50P1 probationary driver licence
51P2 probationary driver licence
52Transition from P1 probationary driver licence to P2 probationary driver licence
53Extension of probationary driver licence
54Variation of P2 probationary driver licence to P1 probationary driver licence
55Variation of full driver licence to P2 probationary driver licence
56Probationary driver must display P plates
57Probationary prohibited vehicles
58Offence to drive probationary prohibited vehicle
59Restrictions affecting certain motor cycle riders
60Towing of vehicles by certain drivers
61Peer passenger restriction for P1 probationary drivers
Division 10—Driver licence document and learner permit document
62Issue of document upon grant, variation or renewal of driver licence or learner permit and cessation of suspension of driver licence or learner permit
63Form of driver licence or learner permit document
64Replacement or correction of driver licence or learner permit document
Division 11—Miscellaneous
65Incomplete application
66Refusal of application
67Information to be recorded by the Secretary
68Change of personal particulars or medical condition
69Tests and assessments
70Verification of records
71Exemption for consular or diplomatic staff
Part 3—Variation, suspension or cancellation of driver licence or learner permit
Division 1—Demerit points
72Definitions for Division 1
73Secretary to record demerit points
74Secretary to record demerit points for relevant interstate offences
75Record of day on which offence was committed
76Notice to be given to other jurisdictions
77Notification of too many demerit points
78Cancellation of demerit points
Division 2—Variation, suspension and cancellation by the Secretary
79Variation, suspension or cancellation of driver licence or learner permit on the grounds that the person is not suitable to drive
80Variation, suspension or cancellation of driver licence or learner permit on the grounds that the person is unfit to drive or that it is dangerous for the person to drive
81Other grounds for variation, suspension or cancellation of driver licence or learner permit
82Procedure for variation, suspension or cancellation of driver licence or learner permit
83Return of physical driver licence document or physical learner permit document
Part 4—Special powers with respect to disqualification for drink-driving in another jurisdiction
84Definitions for Part 4
85Application for a reduced disqualification or suspension
86Consideration of application, notification and decision
87Special conditions
88Application for removal of condition imposed for minimum period
89Consideration of application and decision
Part 5—Review and appeal rights
Division 1—Definition
90Definition for Part 5
Division 2—Review
91Definition for Division 2
92Affected person entitled to be given reasons for relevant decision
93Internal review
Division 3—Appeals to Magistrates' Court
94Definition for Division 3
95Time for appeal
96Appellant must give notice of appeal
97Particulars of order to be given to the Secretary or Victoria Police
98Appeals about demerit points
99Application for stay of demerit point suspension or disqualification
100Particulars of order for a stay to be given to the Secretary
Part 6—Exemptions
101Exemption from requirement
102Conditions if exemption granted
Part 7—Fees
103Definitions for Part 7
104Fees
104AFree probationary driver licence
104BDiscounted driver licence renewal for good drivers
105Free full driver licence for good probationary drivers
106Replacement learner log book fee
107Search and extract fees
108Cost recovery fees—alcohol interlock scheme
109Application of certain fees
110Refund of fees if driver licence cancelled
111Reduction, waiver or refund of fees
112Persons eligible for concessional rates—commercial fees for alcohol interlocks
Part 8—Transitional provisions
113Driver licences or learner permits granted under revoked regulations
114Probationary prohibited vehicles
Schedule 1—Revocations
Schedule 2—Codes used to indicate driver licence or learner permit subject to conditions
Schedule 3—Demerit points
Schedule 4—Demerit points for relevant interstate offences
Schedule 5—Offences which disqualify drivers from free 3 year full driver licence and discounted driver licence renewal
Schedule 6—General fees
Schedule 7—Search and extract fees
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 019
Road Safety (Drivers) Regulations 2019
S.R. No. 100/2019
Version incorporating amendments as at
3 April 2025
PART 1—PRELIMINARY
1Objective
The objective of these Regulations is to make provision under the Road Safety Act 1986 for—
(a)driver licences and learner permits; and
(b)the charging of fees.
2Authorising provision
These Regulations are made under section 95 of the Road Safety Act 1986.
3Commencement
These Regulations come into operation on 29 October 2019.
4Revocation
The Regulations set out in Schedule 1 are revoked.
5Definitions
(1)In these Regulations—
alcohol assessment tool means a tool used to determine usage of alcohol by a person who has made an application under section 50AAAE of the Act;
appropriate licence or permit, for a category of motor vehicle, means a licence or permit that authorises the holder of the licence or permit to drive a motor vehicle of that category in the jurisdiction or, if issued in another country, the country in which it was issued;
appropriate P plate—
(a)in relation to a P1 probationary driver licence, means a plate measuring approximately 150 millimetres by 150 millimetres that has a white letter "P" clearly marked on a red background; and
(b)in relation to a P2 probationary driver licence, means a plate measuring approximately 150 millimetres by 150 millimetres that has a white letter "P" clearly marked on a green background; and
(c)in relation to a probationary licence issued under a corresponding law of another jurisdiction which requires the holder of that licence to display a "P" plate while driving a motor vehicle, means a "P" plate that complies with the relevant requirements of that law;
approved alcohol and other drugs professional means a person approved by the Secretary under section 58J of the Act to provide a behaviour change program in relation to alcohol and other drugs;
authorised representative means a person who has the authority to represent the estate of a deceased person and can establish to the satisfaction of the Secretary the person's—
(a)identity; and
(b)authority to represent the estate of the deceased person;
car means a motor vehicle, other than a motor cycle, that—
(a)has a GVM of not more than 4·5 tonnes; and
(b)is constructed or equipped to seat not more than 12 adults (including the driver);
Note
GVM is defined in section 3 of the Act.
car driver licence means a driver licence that authorises the holder of the licence to drive a car on a highway;
car learner permit means a learner permit that authorises the holder of the permit to learn to drive a car on a highway;
commercial driving instructor (general) means a person who, for financial gain or in the course of any trade or business, is teaching a person who is driving a motor vehicle to drive that motor vehicle on a highway;
corresponding novice driver means a person who—
(a)holds an Australian driver licence issued on a probationary or provisional basis; and
(b)has held that licence for less than 12 months and was under 21 years of age when that licence was granted to that person;
defence force member means a person who is on—
(a)full-time permanent service with the Australian Defence Force; or
(b)full-time duty with the Australian Defence Force Reserve;
Demerits Register means the Demerits Register required to be kept by the Secretary under section 35(1) and (2) of the Act;
driver under instruction plate means—
(a)if displayed on a car—a plate approximately 150 millimetres by 150 millimetres bearing the words "driver under instruction" in black letters clearly marked on a yellow background; and
(b)if displayed on a heavy vehicle or bus—a plate approximately 525 millimetres by 250 millimetres bearing the words "driver under instruction" in black letters clearly marked on a yellow background;
dual control vehicle means a motor vehicle that has duplicate pedals for—
(a)the footbrake; and
(b)if the motor vehicle has a manual transmission, the clutch—
fitted so that a driving instructor seated beside the driver may operate the footbrake readily and effectively and disengage the transmission of the motor vehicle;
eligible family member, of a defence force member, means a person who—
(a)resides with the defence force member; and
(b)is entitled to be transferred with the defence force member at the expense of the Australian Defence Force;
emergency vehicle has the same meaning as in the Road Rules;
expiry date means—
(a)in relation to a driver licence—the date specified in the licence as the date the term of the licence ends in accordance with section 19(3) of the Act; or
(b)in relation to a learner permit—the date specified in the permit as the date the term of the permit ends in accordance with section 22(4) of the Act;
heavy combination vehicle means—
(a)a prime mover to which is attached a single semi-trailer that has a GVM of more than 9 tonnes plus any unladen converter dolly; or
(b)a rigid motor vehicle to which is attached a trailer that has a GVM of more than 9 tonnes plus any unladen converter dolly;
heavy rigid vehicle means—
(a)a motor vehicle that has a GVM of more than 8 tonnes and has 3 or more axles (whether or not the wheels on those axles are on the road); or
(b)a bus consisting of more than one rigid section which are connected to one another so as to allow rotary movement and passenger access between the sections;
jurisdiction means an Australian State or a Territory;
L plate means a plate measuring approximately 150 millimetres by 150 millimetres that has a black letter "L" clearly marked on a yellow background;
learner approved motor cycle means a motor cycle, or a class of motor cycle, that has been approved by the Secretary under regulation 59(7) to be a learner approved motor cycle;
learner driver means a person who holds an Australian learner permit and does not have an appropriate driver licence;
learner log book means a record of a person's driving experience in a form approved by the Secretary;
light rigid vehicle means a motor vehicle that—
(a)has a GVM of more than 4·5 tonnes but not more than 8 tonnes; or
(b)seats more than 12 adults (including the driver) and has a GVM of not more than 8 tonnes;
local licence or permit has the same meaning as in section 25A(3) of the Act;
local probationary or provisional licence means a licence issued under the law of another State or a Territory authorising the holder to drive a motor vehicle on a highway on probation or that is a provisional licence;
medium rigid vehicle means a motor vehicle that has a GVM of more than 8 tonnes and has no more than 2 axles;
motor cycle includes a motor trike;
Note
Motor cycle and motor trike are defined in section 3 of the Act.
motor cycle learner permit means a learner permit that authorises the holder of the permit to learn to drive a motor cycle on a highway;
motor home means a motor vehicle that—
(a)is not a bus; and
(b)has a GVM of not more than 4·5 tonnes; and
(c)is designed and constructed for the primary purpose of providing a temporary dwelling for persons using the vehicle for recreational travel;
non-Victorian licence or permit means a licence or permit issued in another jurisdiction or country that authorises the holder to drive a motor vehicle in that jurisdiction or country;
P1 probationary driver means a person who holds a P1 probationary driver licence;
P1 probationary driver licence means a probationary driver licence granted in accordance with regulation 50 or a licence as varied under regulation 54;
Note
Probationary driver licence is defined in section 3 of the Act.
P1 probationary period means the period during which a person holds a P1 probationary driver licence;
P2 probationary driver licence means a probationary driver licence granted in accordance with regulation 51 or a licence as varied under regulation 55;
Note
Probationary driver licence is defined in section 3 of the Act.
P2 probationary period means the period during which a person holds a P2 probationary driver licence;
peer passenger, in relation to a P1 probationary driver or corresponding novice driver, means a person who is at least 16 years of age and less than 22 years of age but does not include a person who is—
(a)the spouse or domestic partner of the P1 probationary driver or corresponding novice driver; or
(b)the sibling or step-sibling of the P1 probationary driver or corresponding novice driver;
Note
Domestic partner and spouse are defined in section 3 of the Act.
personal particulars, in relation to a person means the following details—
(a)the first name, second and third initials (if any) and family name of the person;
(b)the person's date of birth;
(c)the person's residential address;
(d)the person's address for service of notices, if this is different from the person's residential address;
(e)the person's mobile phone number;
(f)the person's email address;
police vehicle has the same meaning as in the Road Rules;
practical driving test means a test of a person driving a vehicle, conducted by the Secretary or a person authorised by the Secretary, for the purpose of assessing a person's driving skills;
probationary driver means the holder of a probationary driver licence;
Note
Probationary driver licence is defined in section 3 of the Act.
probationary prohibited vehicle has the meaning given to it in regulation 57;
registered occupational therapist means a person who is registered under the Health Practitioner Regulation National Law (Victoria) to practise in the occupational therapy profession (other than as a student);
registered optometrist means a person who is registered under the Health Practitioner Regulation National Law (Victoria) to practise in optometry (other than as a student);
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, provisional or learner licence or permit) and the person is authorised by these Regulations to drive the motor vehicle;
the Act means the Road Safety Act 1986;
* * * * *
Victoria Police means the body established by section 6 of the Victoria Police Act 2013.
(2)In these Regulations, a reference to a person disqualified from driving in a particular jurisdiction or another country includes a person who is disqualified from obtaining a non‑Victorian licence or permit in that jurisdiction or country.
(3)Unless otherwise expressly stated, a reference in these Regulations to a driver includes a reference to a rider, and a reference in these Regulations to driving includes a reference to riding.
PART 2—DRIVER LICENCES AND LEARNER PERMITS
Division 1—Authority to drive motor vehicle
6Categories of motor vehicles for licensing purposes
(1)For licensing purposes, the categories of motor vehicles are as follows
(a)motor cycle;
(b)car;
(c)light rigid vehicle;
(d)medium rigid vehicle;
(e)heavy rigid vehicle;
(f)heavy combination vehicle;
(g)multi-combination vehicle.
(2)For each category of motor vehicle referred to in subregulation (1) there is a corresponding category of driver licence with the same name.
(3)For each category of motor vehicle referred to in subregulation (1)(a) and (b) there is a corresponding category of learner permit with the same name.
7Authority given by licences and permits
(1)The holder of a motor cycle licence or motor cycle learner permit is authorised to drive a motor cycle.
(2)The holder of a car driver licence or car learner permit is authorised to drive—
(a)a car; or
(b)a tractor; or
(c)a tractor that is towing a trailer of any size.
(3)The holder of a car driver licence is authorised to drive a car that is towing a single trailer that has a GVM of not more than 9 tonnes.
(4)The holder of a light rigid vehicle licence is authorised to drive—
(a)any vehicle or combination of vehicles the holder of a car driver licence is authorised to drive; or
(b)a light rigid vehicle; or
(c)a light rigid vehicle that is towing a single trailer (other than a semi-trailer) that has a GVM of not more than 9 tonnes.
(5)The holder of a medium rigid vehicle licence is authorised to drive—
(a)any vehicle or combination of vehicles the holder of a light rigid vehicle licence is authorised to drive; or
(b)a medium rigid vehicle; or
(c)a medium rigid vehicle that is towing a single trailer (other than a semi-trailer) that has a GVM of not more than 9 tonnes.
(6)The holder of a heavy rigid vehicle licence is authorised to drive—
(a)any vehicle or combination of vehicles the holder of a medium rigid vehicle licence is authorised to drive; or
(b)a heavy rigid vehicle; or
(c)a heavy rigid vehicle that is towing a single trailer (other than a semi-trailer) that has a GVM of not more than 9 tonnes.
(7)The holder of a heavy combination vehicle licence is authorised to drive—
(a)any vehicle or combination of vehicles the holder of a heavy rigid vehicle licence is authorised to drive; or
(b)a heavy combination vehicle.
(8)The holder of a multi-combination vehicle licence is authorised to drive any motor vehicle or combination of vehicles other than a motor cycle.
8Category of driver licence or learner permit may be shown by code
The category of driver licence or learner permit may be shown on a driver licence document or learner permit document by means of a code as indicated in the following table.
Table
Column 1
Licence or permit codeColumn 2
Category of driver licence or learner permit
RIDER or R motor cycle CAR car LR light rigid vehicle MR medium rigid vehicle HR heavy rigid vehicle HC heavy combination vehicle MC multi-combination vehicle 9Authorisation for driver under instruction
(1)This regulation applies to a person who—
(a)is driving a motor vehicle; and
(b)holds a driver licence authorising the person to drive another motor vehicle (other than a motor cycle licence); and
(c)does not hold a driver licence authorising the person to drive that motor vehicle.
(2)For the purposes of section 18(1)(c) of the Act, a person is authorised to drive the motor vehicle if—
(a)the person is driving the motor vehicle for the purpose of gaining experience in driving the motor vehicle; and
(b)someone else who holds an Australian driver licence appropriate for the motor vehicle being driven is sitting beside the driver and is supervising the driver.
(3)The person must have displayed facing out from the front and rear of the vehicle a driver under instruction plate so that the words "driver under instruction" are clearly visible from a distance of 20 metres ahead of and behind the vehicle.
Penalty:3 penalty units.
10Authorisation for driver of motor vehicle (other than a motor cycle) under assessment
(1)This regulation applies to a person who—
(a)has previously held an Australian driver licence or a driver licence issued in another country; and
(b)is driving a motor vehicle other than a motor cycle; and
(c)does not hold a driver licence or learner permit authorising the person to drive that motor vehicle.
(2)For the purposes of section 18(1)(c) of the Act, a person is authorised to drive the motor vehicle if—
(a)the person is driving the motor vehicle for the purpose of their driving skills being assessed by the Secretary or a person authorised by the Secretary; and
(b)someone else who holds an Australian driver licence appropriate for the motor vehicle being driven—
(i)is in the vehicle with the person; and
(ii)is conducting an assessment of the person's driving skills for the purposes of these Regulations.
11Authorisation for driver of motor cycle under assessment
(1)This regulation applies to a person who—
(a)is driving a motor cycle; and
(b)does not hold a driver licence or learner permit authorising the person to drive that motor cycle.
(2)For the purposes of section 18(1)(c) of the Act, a person is authorised to drive the motor cycle if—
(a)the person is driving the motor cycle for the purpose of having the person's driving skills assessed by the Secretary or a person authorised by the Secretary; and
(b)the Secretary or a person authorised by the Secretary is conducting an assessment of the person's driving skills for the purposes of these Regulations; and
(c)an L plate is displayed facing out from the rear of the motor cycle so that the letter "L" is clearly visible from a distance of 20 metres behind the motor cycle.
12Authorisation for holder of non-Victorian licence or permit
(1)For the purposes of section 18(1)(b) of the Act, a person is authorised to drive a category of motor vehicle if—
(a)the person holds an appropriate non‑Victorian licence or permit for that category of motor vehicle; and
(b)at the time the licence or permit was issued the person was ordinarily resident in the jurisdiction or country in which it was issued; and
(c)in the case of a licence issued in another country—the licence document is written in English or accompanied by an accurate English translation and, in either case, complies with subregulation (3).
(2)For the purposes of section 18(1)(b) of the Act, a person is authorised to drive a motor home on a highway if—
(a)the person holds a licence for any category of motor vehicle (other than a licence that only authorises the person to ride a motor cycle or motor trike) issued in another country; and
(b)at the time the licence was issued the person was ordinarily resident in that country; and
(c)the licence document is written in English or accompanied by an accurate English translation and, in either case, complies with subregulation (3).
(3)A licence document or a translation referred to in subregulations (1)(c) and (2)(c) must include a full explanation, written in English, of any condition to which the licence is subject and the category of vehicle for which the licence has been issued.
13Exceptions to authorisation under regulation 12
(1)A person who holds an appropriate non-Victorian licence or permit referred to in regulation 12 is not authorised, or ceases to be authorised, under that regulation if—
(a)the person has resided in Victoria for a period of 6 months or more; or
(b)the person is disqualified from driving a motor vehicle in Victoria or in another jurisdiction or another country; or
(c)the non-Victorian licence or permit is suspended; or
(d)the person is notified under subregulation (3) that the person is no longer authorised.
(2)Subregulation (1)(a) does not apply to a defence force member or eligible family member.
(3)If, in the Secretary's reasonable opinion—
(a)a person who is authorised under regulation 12 is not fit to drive a motor vehicle on a highway; or
(b)that person's ability to drive safely is impaired due to permanent or long-term injury or illness—
the Secretary must give the person written notice that the person is no longer authorised to drive a motor vehicle on a highway.
(4)The notice must state the following—
(a)the person is no longer authorised to drive a motor vehicle on a highway;
(b)the person must not drive a motor vehicle on a highway;
(c)the reasons the person is no longer authorised;
(d)any action that may be taken by the person to regain the authorisation and the date by which that action must be taken.
(5)Any non-Victorian licence or permit held by a person ceases to authorise the person to drive any category of motor vehicle on a highway if the person is required by the Secretary under section 27(1A) of the Act to undergo a test or assessment and the person has refused or failed to undergo the test or assessment or has not passed the test or assessment.
(6)For the purposes of subregulation (5), the person is disqualified from driving any category of motor vehicle on a highway until—
(a)if the person refused or failed to undergo the test or assessment—that person undergoes and passes the test or assessment; or
(b)if the person did not pass the test or assessment—that person undergoes a further test or assessment and passes the test or assessment; or
(c)the Secretary decides to grant the person a driver licence or learner permit.
(7)Any driver licence held by a person issued in another country ceases to authorise the person to drive any category of motor vehicle on a highway if the person applies for a driver licence and fails a practical driving test for a driver licence under the Act.
Note
Under section 18A of the Act, if a person is granted a driver licence or learner permit under the Act (a Victorian licence or permit), any non-Victorian licence or permit held by the person ceases to authorise the person to drive a motor vehicle on a highway unless—
(a) the Victorian licence or permit expires and the person has resided in Victoria for a period of less than 6 months; or
(b) the Secretary agrees to cancel the Victorian licence or permit at the request of the person and the person has resided in Victoria for a period of less than 6 months.
Division 2—Prescribed requirements for grant or variation of driver licence
Note
The Secretary may exempt an applicant from a requirement under this Division. See regulation 101.
14Prescribed requirements for driver licence
For the purposes of sections 19(2)(b) and 20(3)(b) of the Act, the prescribed requirements for an applicant for a driver licence are that—
(a)the applicant is a resident of Victoria; and
(b)the applicant—
(i)meets the requirements under this Division for the category of motor vehicle to which the application relates; or
(ii)holds a licence issued in another jurisdiction authorising the holder to drive a motor vehicle of a category equivalent to the category of motor vehicle to which the application
relates.
15Requirement for car driver licence
(1)For the purposes of regulation 14(b)(i), the requirement for an applicant for a car driver licence is that—
(a)immediately before the licence is granted, the applicant has held an Australian learner permit to drive a car for a continuous period, being for at least the relevant period specified in subregulation (2); or
(b)the applicant holds or, within the past 5 years, has held a licence issued in another jurisdiction or country that authorises, or authorised, the person to drive a car in that jurisdiction or country.
(2)For the purposes of subregulation (1)(a), the relevant period is—
(a)12 months for a person who is less than 21 years old; or
(b)6 months for a person who is at least 21 years old but less than 25 years old; or
(c)3 months for any other person.
(3)For the purposes of subregulation (1)(b), a licence is not to be taken to authorise the driving of a car if the licence is suspended.
16Additional requirements for car driver licence applicant under the age of 21 years
(1)For the purposes of regulation 14(b)(i), the requirements for an applicant for a car driver licence who, at the time of the application, is under the age of 21 years are—
(a)the requirement under regulation 15; and
(b)a minimum of 120 hours of driving experience on roads under the supervision of a supervising driver sitting beside the learner driver, to be recorded in a learner log book as required under regulation 24.
Note
Road is defined in section 3 of the Act.
(2)The driving experience under subregulation (1)(b) must include the number of hours of night driving determined by the Secretary.
17Requirement for motor cycle licence
(1)For the purposes of regulation 14(b)(i), the requirement for an applicant for a motor cycle licence is that—
(a)immediately before the licence is granted, the applicant has held an Australian learner permit to drive a motor cycle for a continuous period of at least 3 months; or
(b)the applicant holds or, within the past 5 years, has held a licence issued in another jurisdiction or country that authorises, or authorised, the person to drive a motor cycle in that jurisdiction or country.
(2)For the purposes of subregulation (1)(b), a licence is not to be taken to authorise the driving of a motor cycle if the licence is suspended.
18Requirement for light rigid vehicle licence or medium rigid vehicle licence
For the purposes of regulation 14(b)(i), the requirement for an applicant for a light rigid vehicle licence or medium rigid vehicle licence is that the applicant has, at some time, held an Australian driver licence to drive a car for a period of at least 12 months.
19Requirement for heavy rigid vehicle licence
For the purposes of regulation 14(b)(i), the requirement for an applicant for a heavy rigid vehicle licence is that the applicant has, at some time, held an Australian driver licence to drive a car for a period of at least 24 months.
20Requirement for heavy combination vehicle licence
For the purposes of regulation 14(b)(i), the requirements for an applicant for a heavy combination vehicle licence is that the applicant has, at some time, held an Australian driver licence to drive a medium rigid vehicle or a heavy rigid vehicle for a period of at least 12 months.
21Requirement for multi-combination vehicle licence
For the purposes of regulation 14(b)(i), the requirements for an applicant for a multi‑combination vehicle licence is that the applicant has at some time held an Australian driver licence to drive a heavy combination vehicle or a heavy rigid vehicle for a period of at least 12 months.
22Calculating periods for which a person has held a driver licence
In calculating the periods for which a person has held an Australian driver licence referred to in regulations 18, 19, 20 and 21, the Secretary must exclude any period for which the person was not permitted to drive a motor vehicle.
Example
Any period during which the person's driver licence was suspended.
Division 3—Procedures for grant or variation of driver licence or grant of learner permit
23Prescribed procedures for application for the grant or variation of driver licence or learner permit
(1)This regulation applies to an application for—
(a)the grant of a driver licence or learner permit; or
(b)the variation of a driver licence or learner permit.
(2)For the purposes of sections 19(2)(b) and 20(3)(b) of the Act, the prescribed procedures for the application are as follows—
(a)the applicant must apply to the Secretary, in a form approved by the Secretary, that includes or is accompanied by—
(i)the applicant's personal particulars; and
(ii)any evidence the Secretary reasonably requires to verify the personal particulars; and
(iii)a signature; and
(iv)the relevant fee for—
(A)the grant of a driver licence as specified in section 21A of the Act; or
(B)the grant of a learner permit as specified in Schedule 6; or
(C)the variation of a driver licence or learner permit as specified in Schedule 6; and
(v)the relevant fees specified in Schedule 6 for tests or assessments conducted by the Secretary, including fees relating to appointments for those tests or assessments; and
(vi)any other information the Secretary requires;
(b)the applicant's photograph must be taken, or the applicant must provide a photograph in a form specified by the Secretary.
24Car driver licence applicants under the age of 21 years
(1)For the purposes of sections 19(2)(b) and 20(3)(b) of the Act, the prescribed procedures for an applicant for a car driver licence who, at the time of the application, is under the age of 21 years are—
(a)the prescribed procedures under regulation 23; and
(b)that the applicant must give the Secretary—
(i)the applicant's learner log book; and
(ii)a declaration of completion in accordance with subregulation (2).
(2)For the purposes of subregulation (1)(b)(ii), a declaration of completion must—
(a)be in a form approved by the Secretary; and
(b)be signed by the applicant; and
(c)be signed by a supervising driver who has supervised the applicant.
Note
It is an offence under section 71 of the Act to attempt to obtain a licence by making a false statement.
25Consideration of application and decision
(1)After considering an application for the grant or variation of a driver licence or learner permit, the Secretary must—
(a)grant a driver licence or learner permit of the category, or make the variation, applied for, subject to any conditions that the Secretary considers to be appropriate; or
(b)refuse, under regulation 66, to grant a driver licence or learner permit of the category, or to make the variation, applied for.
Note
The grant of a driver licence or learner permit to a person to whom section 31KA or 31KB of the Act applies must be made subject to an alcohol interlock condition.
(2)In considering the application, the Secretary may have regard to a judgment, order or decision made in accordance with the Act or another Australian law or the law of another country under which authority is given to drive motor vehicles on highways.
26Appointment to verify non-Victorian licence or permit
(1)This regulation applies to an applicant who holds an appropriate non-Victorian licence or permit and—
(a)who seeks to have a driver licence or learner permit granted in accordance with regulation 25; or
(b)who had a driver licence or learner permit granted in accordance with regulation 25 and has applied for variation of that licence or permit.
(2)The applicant must make an appointment with the Secretary for the purpose of verifying the details of the non-Victorian licence or permit.
(3)The Secretary may verify a non-Victorian licence or permit.
(4)The applicant must pay the relevant fee specified in Schedule 6 for an appointment under this regulation in relation to the grant or variation of a driver licence or learner permit, as applicable.
27Applicants who have a licence or permit issued outside Victoria
(1)This regulation applies if—
(a)the Secretary decides to grant a driver licence or learner permit to an applicant or vary a driver licence or learner permit held by the applicant; and
(b)the applicant holds a current non-Victorian licence or permit.
(2)Before granting or varying a driver licence or learner permit the Secretary may—
(a)require the applicant to surrender the non‑Victorian licence or permit to the Secretary; or
(b)deface, or require the applicant to deface, the non-Victorian physical licence or permit document.
(3)In deciding whether to exercise the Secretary's discretion under subregulation (2), the Secretary may take into consideration whether, during the term of the driver licence or learner permit granted or varied by the Secretary—
(a)the applicant will require the non-Victorian licence or permit for driving in the country of issue; or
(b)the non-Victorian licence or permit is part of another authority that will be required by the applicant.
28Grant of driver licence or learner permit after surrender or defacement
If the Secretary has required an applicant to surrender a non-Victorian licence or permit under regulation 27(2)(a), or to deface a non‑Victorian licence or permit document under regulation 27(2)(b), the Secretary—
(a)may grant the applicant a driver licence or learner permit with an expiry date that is the same as the expiry date of the non-Victorian licence or permit; and
(b)must waive the fee payable under section 21A of the Act or item 10 of Schedule 6 (as the case requires) if the
non-Victorian licence or permit was an Australian driver licence or learner permit.
29Conditions of driver licences or learner permits
(1)A condition to which a driver licence or learner permit is subject may be shown on the licence or permit document by means of a code.
(2)A code in column 1 of Schedule 2 must be used on a driver licence or learner permit document to indicate the driver licence or learner permit is subject to the condition set out opposite in column 2 of that Schedule.
(3)If a condition is shown by a code—
(a)the Secretary must include on the driver licence document or learner permit document a note explaining the condition or to the effect that the condition may be found out by asking the Secretary; or
(b)the Secretary must give the person who holds the licence or permit a notice containing a full explanation of the condition and may require the person to carry the notice while driving.
(4)If a person who holds a driver licence or learner permit is required to carry a notice referred to in subregulation (3)(b) the person must comply with the requirement.
Penalty:3 penalty units.
30Application for reduced period for which person is ineligible to be granted a driver licence or learner permit
(1)This regulation applies to a person who applies under section 25A of the Act to the Secretary for a reduction in the period for which the person is prevented under section 23A of the Act from obtaining a driver licence or learner permit.
(2)An application under section 25A of the Act—
(a)must be made to the Secretary, in a form approved by the Secretary; and
(b)must include—
(i)the applicant's personal particulars; and
(ii)any evidence the Secretary reasonably requires to verify the personal particulars; and
(iii)any other evidence the Secretary reasonably requires; and
(iv)details of the reduced period being sought by the person.
(3)Without limiting subregulation (2)(b)(iii), the Secretary may require evidence to determine any of the following—
(a)whether the person is currently disqualified under the law of another jurisdiction from driving or from obtaining a local licence or permit, or a class of local licence or permit, in that jurisdiction because of a corresponding interstate drink-driving offence committed by the person in the other jurisdiction;
(b)whether the person would have been eligible for a reduced period of disqualification if the person had resided or remained in the other jurisdiction and had participated or agreed to participate in an alcohol interlock program in that other jurisdiction;
(c)whether the person is not otherwise, in Victoria or another jurisdiction—
(i)disqualified from driving; or
(ii)disqualified from obtaining a driver licence or learner permit or local licence or permit; or
(iii)subject to a suspension relating to a driver licence or learner permit or local licence or permit.
Division 4—Alcohol interlocks
31Definition of minimum compliance period
In this Division, minimum compliance period means a continuous or non-continuous period of at least 6 months, or if the applicant is subject to an alcohol interlock condition for a minimum period that is less than 6 months, a continuous or non-continuous period of at least that minimum period—
(a) during which alcohol interlock usage data was collected from an approved alcohol interlock fitted to a motor vehicle driven by the applicant; and
(b)that does not include any operating months during which the applicant used the approved alcohol interlock less than twice; and
(c)that does not include any period during which the driver licence or learner permit of the applicant was suspended; and
(d)that does not include any period during which the applicant did not hold a driver licence or learner permit; and
(e)that is not interrupted by more than 6 consecutive operating months during which the applicant used the approved alcohol interlock less than twice; and
(f)that, unless required by paragraphs (b) to (d), does not exclude a more recent period during which alcohol interlock usage data was collected in respect of an approved alcohol interlock fitted to a motor vehicle driven by the applicant.
Example
A person has an alcohol interlock installed in a motor vehicle for 7 months, uses it regularly and holds a current driver licence for the entire period. The person complies with the prescribed alcohol interlock usage requirements for the first 6 months but a tampering event occurs in the seventh month. The person cannot exclude the seventh operating month and therefore the person is unable to demonstrate compliance with the prescribed alcohol interlock usage requirements, even though the person would have been able to demonstrate compliance immediately before the tampering event occurred.
32Prescribed alcohol interlock usage data requirements
(1)For the purposes of sections 50AAAB, 50AAAC and 50AAF of the Act, the prescribed alcohol interlock usage data requirements are that, during the minimum compliance period—
(a)an approved alcohol interlock remains installed in a motor vehicle driven by the applicant; and
(b)the applicant uses that alcohol interlock at least twice during every operating month; and
(c)no tampering events occur other than in the first operating month of the minimum compliance period; and
(d)if the applicant starts the motor vehicle without providing a breath sample into the alcohol interlock other than because of a push start event and other than in the first operating month of the minimum compliance period, the applicant advises the approved alcohol interlock supplier of that start within 14 days; and
(e)subject to subregulation (2), no person fails to start the motor vehicle due to alcohol detected in the breath of that person; and
(f) subject to subregulation (2), no person, if directed to undertake an alcohol breath test after the motor vehicle was started either by a message on the digital display of the alcohol interlock or by an audible message given by the alcohol interlock—
(i)fails to provide a breath sample that contains no registrable alcohol using the alcohol interlock; or
(ii)fails to successfully undertake an alcohol breath test using the alcohol interlock.
(2)For the purposes of subregulation (1)(e) and (f), a person is not taken to have failed or failed to undertake an alcohol breath test using an alcohol interlock if—
(a)the failure is detected during the first operating month of the minimum compliance period; or
* * * * *
(c)the applicant holds a driver licence or learner permit that is subject to an alcohol interlock condition imposed by the Secretary under section 31KA or 31KB of the Act and—
* * * * *
(ii)the alcohol interlock is a type of alcohol interlock approved under section 50AAE of the Act that records the identity of the person starting or attempting to start the motor vehicle in which it is installed; and
(iii)the Secretary, on the request of the applicant, checks the information recorded by the alcohol interlock
and is satisfied that the information demonstrates that the failure was caused by a person other than the applicant; or
(d)the person failed to start the motor vehicle due to alcohol detected in the breath of that person or failed to provide a breath sample that contained no registrable alcohol, and that person starts the vehicle by providing a breath sample that does not contain registrable alcohol within one hour after the failure.
(3)In this regulation—
operating month means a month, the beginning of which is determined by reference to the day on which the approved alcohol interlock was installed in the motor vehicle, during which an approved alcohol interlock remained fitted to a motor vehicle driven by the applicant;
push start event means an event in which a person, in an emergency—
(a)push starts a motor vehicle, bypassing the breath test requirement of an approved alcohol interlock installed in that vehicle; and
(b)gives, using the approved alcohol interlock, a breath sample in which no registrable alcohol is present within 10 minutes after the push start;
registrable alcohol, in relation to a breath sample given by a person using an approved alcohol interlock, means a concentration of breath alcohol that would prevent a motor vehicle in which the alcohol interlock is installed from starting if that concentration was detected by the alcohol interlock;
serviceor repair event means an event during which a person, in the course of servicing or repairing a motor vehicle in which an approved alcohol interlock is installed—
(a)bypasses or disengages an approved alcohol interlock installed in that motor vehicle in accordance with the supplier's instructions; and
(b)when the service or repair is complete, removes the bypass or re-engages the interlock;
tampering event means an event, other than a push start event or a service or repair event, during which a person drives a motor vehicle in which an approved alcohol interlock is installed and the motor vehicle is started—
(a)with the approved alcohol interlock disengaged; or
(b)in a way other than by the person blowing directly into the appropriate part of the approved alcohol interlock.
Note
A tampering event may constitute an offence under section 50AAD of the Act.
33Report to accompany application for exemption from or removal of alcohol interlock condition on medical grounds
(1)For the purposes of section 50AAAD(3)(c) of the Act, an application to the Secretary for an exemption from or the removal of an alcohol interlock condition on medical grounds must include a report from the specialist health practitioner who prepares the report required under section 50AAAD(3)(b) of the Act indicating whether the specialist health practitioner is of the opinion that—
(a)the applicant is unfit to drive motor vehicles or a category of motor vehicles; or
(b)it would be dangerous for the applicant to drive a motor vehicle or a particular category of motor vehicle; or
(c)any driver licence or learner permit held by the person should be subject to conditions and, if so, the type of conditions that should be imposed.
(2)A report under subregulation (1) must be prepared in accordance with guidelines (if any) issued by the Minister under section 96B of the Act.
34Offences relating to alcohol interlocks and privacy of motor vehicle occupants
A person must not, unless required or permitted to do so under Part 5 or 7B of the Act or under another law or in accordance with the written authorisation of the Secretary—
(a)download, print or possess; or
(b)publish, transmit or disclose to any other person—
an image or data recorded by a camera or other mechanism that records information about the identity of a person starting, attempting to start or using a motor vehicle that forms part of an approved alcohol interlock installed in the motor vehicle.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 120 penalty units.
35Application to avoid imposition of alcohol interlock condition
(1)For the purposes of section 50AAAE(4)(a) of the Act, an application must—
(a)be in a form approved by the Secretary; and
(b)include the applicant's personal particulars.
(2)For the purposes of section 50AAAE(4)(b) of the Act, an application must be supported by an alcohol usage report that complies with subregulation (3).
(3)For the purposes of subregulation (2), an alcohol usage report must—
(a)be prepared by an approved alcohol and other drugs professional; and
(b)be prepared no earlier than 28 days before the application is made; and
(c)include—
(i)a description of the applicant's usage of alcohol (if any) for the period of at least 12 months immediately prior to the preparation of the report; and
(ii)the results of an alcohol assessment tool completed by an approved alcohol and other drugs professional; and
(iii)an assessment as to whether, in the opinion of the alcohol and other drugs professional, the applicant is or is not—
(A)engaging in hazardous or harmful alcohol use; or
(B)dependent on alcohol.
35AApplication for exemption from prescribed alcohol interlock usage data requirements
For the purposes of section 103ZM(6) of the Act, an application must be made to the Secretary in a form approved by the Secretary.
35BPower of driving instructor to require person subject to alcohol interlock condition to prove not alcohol affected in certain circumstances
For the purposes of regulation 35C or 35D, a driving instructor may require a person to comply with any requirements that the driving instructor reasonably believes are necessary for the driving instructor to be satisfied that—
(a)the person is not affected by alcohol; and
(b)the driving assessment or driving supervision can be undertaken safely.
35CRequirements for the assessment of a driver who is subject to an alcohol interlock condition
(1)For the purposes of section 50AAD(3B)(a)(i) and (b) of the Act and subject to subregulation (2), a person drives the vehicle in accordance with the regulations if—
(a)the driving assessment is conducted by or in the presence of a driving instructor who is—
(i)a commercial driving instructor (general); or
(ii)a person authorised in writing by the Secretary for the purpose of this regulation; or
(iii)a member of a class of persons authorised in writing by the Secretary for the purposes of this regulation; and
(b)the person complies with any requirements of the driving instructor under regulation 35B.
(2)The driving assessment must be conducted by or in the presence of a commercial driving instructor (general) in a motor vehicle that is a dual control vehicle if—
(a)the motor vehicle to be driven during the driving assessment is not a motor cycle; and
(b)the person—
(i)holds a driver licence or learner permit authorising the person to drive the same category of motor vehicle as that which is to be driven during the driving assessment; or
(ii)has requested that an approved alcohol interlock be fitted to a motor vehicle of the same category of motor vehicle as that which is to be driven during the driving assessment.
35DRequirements for the supervision of a driver who is subject to an alcohol interlock condition
(1)For the purposes of section 50AAD(3B)(a)(ii) and (b) of the Act and subject to subregulation (2), a person drives the vehicle in accordance with the regulations if—
(a)the person is supervised by a driving instructor who is—
(i)a commercial driving instructor (general); or
(ii)a person authorised in writing by the Secretary for the purpose of this regulation; or
(iii)a member of a class of persons authorised in writing by the Secretary for the purposes of this regulation; and
(b)the person complies with any requirements of the driving instructor under regulation 35B.
(2)The person must be supervised by a commercial driving instructor (general) in a motor vehicle that is a dual control vehicle if—
(a)the motor vehicle to be driven under supervision is not a motor cycle; and
(b)the person—
(i)holds a driver licence or learner permit authorising the person to drive the same category of motor vehicle as that which is to be driven under supervision; or
(ii)has requested that an approved alcohol interlock be fitted to a motor vehicle of the same category of motor vehicle as that which is to be driven under supervision.
35ETransfer of approval of alcohol interlock supplier
For the purposes of section 50AAEC(3)(b) of the Act, an application to the Secretary for the transfer of approval of an approved alcohol interlock supplier must be accompanied by any evidence the Secretary reasonably requires to determine if the transfer is appropriate, including evidence relating to the matters set out in section 50AAE(5) and (6) of the Act.
Division 5—Behaviour change program
36Persons not required to complete first‑stage behaviour change program
* * * * *
(2)For the purposes of section 58F(3) of the Act, the following persons are not required to complete a first-stage behaviour change program—
(a)a person who would not otherwise be required to complete a first-stage behaviour change program, except for the person being convicted or found guilty of a corresponding interstate drink-driving offence (or any other offence in another State or a Territory that resulted in the imposition of an alcohol interlock condition in that other jurisdiction) that was committed before 30 April 2018;
(b)a person referred to in section 31KB(1)(a) of the Act;
(c)a person who is exempted from the requirement to complete a first-stage behaviour change program by the Secretary because the Secretary is satisfied that the person completed a rehabilitation, education or behaviour change program required to be completed in another jurisdiction with respect to the relevant offence.
(3)A person, on application to the Secretary, may be exempted from the requirement to complete a first-stage behaviour change program if there are exceptional circumstances that would make it unreasonable to require the person to complete the program.
(4)On receipt of an application under subregulation (3), the Secretary may in writing exempt the applicant from the requirement to complete a first‑stage behaviour change program if satisfied that the exceptional circumstances referred to in that subregulation apply to the applicant.
(5)If a person commits 2 or more offences arising from the same set of circumstances, the Secretary may only require the person to complete a first‑stage behaviour change program in respect of one of those offences.
(6)For the purposes of subregulation (5), the same set of circumstances is constituted by one continuous period during which a person continues to drive or be in charge of a motor vehicle.
(7)If a person commits 2 or more offences that are heard together in court, the Secretary may only require the person to complete a first-stage behaviour change program in respect of one of those offences.
37Persons required to complete second-stage behaviour change program
(1)For the purposes of section 58D(1) of the Act, a person is required to complete a second-stage behaviour change program before the person may apply for the removal of an alcohol interlock condition imposed on the person's driver licence or learner permit if—
(a)the person commits—
(i)an offence referred to in section 58C(2) of the Act; or
(ii)a corresponding interstate drink‑driving offence (or any other offence in another State or a Territory that resulted in the imposition of an alcohol interlock condition in that other jurisdiction) and section 31KB of the Act applies to the person; and
(b)the person was subject to an alcohol interlock condition under the Act with respect to that offence; and
(c)the offence referred to in paragraph (a) is—
(i)a second or subsequent offence; or
(ii)a first offence other than—
(A)a first offence against section 49(1)(b), (f) or (g) of the Act committed in circumstances where the concentration of alcohol present in the blood of the person was less than 0∙15 grams per 100 millilitres of blood or in the breath of the person was less than 0∙15 grams per 210 litres of exhaled air; or
(B)a first corresponding interstate drink‑driving offence that was declared, under section 25 of the Act, to correspond with section 49(1)(b) of the Act, committed in circumstances where the concentration of alcohol present in the blood of the person was less than 0∙15 grams per 100 millilitres of blood or in the breath of the person was less than 0∙15 grams per 210 litres of exhaled air; and
(d)the person was required to complete a first-stage behaviour change program with respect to the offence referred to in paragraph (a).
(2)In determining whether an offence is a second or subsequent offence for the purposes of this regulation—
(a)section 48(2), (5) and (6) of the Act apply; and
(b)an offence in respect of which a conviction was recorded or a finding of guilt was made 10 years or more before the commission of the offence referred to in subregulation (1)(a) is to be disregarded if not to do so would make the relevant offence a second or subsequent offence for the purpose of this regulation.
(3)If a person is concurrently subject to 2 or more alcohol interlock conditions, the Secretary may only require the person to complete one second-stage behaviour change program before the person may apply for the removal of those alcohol interlock conditions imposed on the person's driver licence or learner permit.
(4)Despite anything to the contrary in this regulation, a person, on application to the Secretary, may be exempted from the requirement to complete a second-stage behaviour change program if there are exceptional circumstances that would make it unreasonable to require the person to complete the program.
(5)On receipt of an application under subregulation (4), the Secretary may in writing exempt the applicant from the requirement to complete a second-stage behaviour change program if satisfied that the exceptional circumstances referred to in that subregulation apply to the applicant.
38Prescribed information to be included in notification—behaviour change program
For the purposes of section 58E(2)(b) of the Act, the following must be included in a notice requiring a person to complete a behaviour change program—
(a)particulars of the relevant offence;
(b)the consequences of failing to complete the behaviour change program that has been specified by the Secretary in the notice;
(c)information to assist the person to contact approved providers who are approved to provide the specified behaviour change program.
39Certificate of completion—behaviour change program
For the purposes of section 58R(3)(b) of the Act, if the person completes a behaviour change program, the approved provider of the program must provide, upon request by the Secretary, a copy of a certificate of completion to the Secretary.
39ATransfer of approval of provider—behaviour change program
For the purposes of section 58KA(3)(b) of the Act, an application to the Secretary for the transfer of approval of an approved provider for a behaviour change program must be accompanied by any evidence the Secretary reasonably requires to determine if the transfer is appropriate, including evidence relating to the matters determined by the Secretary under section 58J(2) of the Act.
Division 5A—Safe driving program
39BTransfer of approval of provider—safe driving program
For the purposes of section 84BQA(3)(b) of the Act, an application to the Secretary for the transfer of approval of an approved provider for a safe driving program must be accompanied by any evidence the Secretary reasonably requires to determine if the transfer is appropriate, including evidence relating to the matters determined by the Secretary under section 84BP(2) of the Act.
Division 6—Renewal of licence
40Renewal notice
(1)The Secretary may send a notice (a renewal notice) to a person who holds a driver licence stating that if the driver licence is not renewed on or before the date specified in the notice the driver licence will expire.
(2)If the Secretary fails to send a renewal notice to a person who holds a driver licence, or if the renewal notice is not received by the person, the failure or non-receipt does not affect—
(a)the expiry date of the driver licence; and
(b)the obligation of the person to renew the licence if the person intends to drive a motor vehicle on a highway after the expiry date of the person's licence.
41Renewal of driver licence
(1)A person may apply to the Secretary to renew their driver licence, within 6 months after the expiry date of the licence.
(2)A person may not renew their driver licence, but may apply for a new driver licence under Division 3, if the driver licence has been cancelled and the person is not disqualified from driving or from obtaining a driver licence under these Regulations, the Act or any other
Act.
42Expiry date of renewed driver licence
The expiry date of a renewed driver licence must be calculated from the expiry date of the licence being renewed.
Division 7—Surrender of driver licence or learner permit
43Surrender and cancellation of driver licence or learner permit
(1)A person may apply to the Secretary to surrender their driver licence or learner permit.
(2)A surrender under subregulation (1) may be made by—
(a)the driver licence or learner permit holder; or
(b)an authorised representative.
(3)A person who surrenders their driver licence or learner permit must return the physical driver licence document or physical learner permit document to the Secretary.
(4)If a person surrenders their driver licence or learner permit to the Secretary, the Secretary must cancel the driver licence or learner permit.
Division 8—Learner drivers
44Term of learner permit
(1)The Secretary may grant a car learner permit for a period of 10 years.
(2)The Secretary may grant a motor cycle learner permit for a period of 15 months.
Note
The procedure for applying for a learner permit is set out in regulation 23.
(3)The expiry date of the learner permit must be specified on the learner permit document.
45Surrender of physical learner permit document
A person who holds a learner permit must, if required by the Secretary, surrender the physical learner permit document to the Secretary if the person is granted a driver licence.
46Renewal of learner permit
(1)A person may apply to the Secretary to renew their car learner permit, within 6 months after the expiry date of the learner permit.
(2)A person may not renew their car learner permit, but may apply for a new car learner permit under Division 3, if the car learner permit has been cancelled and the person is not disqualified from driving or from obtaining a driver licence under these Regulations, the Act or any other Act.
(3)A motor cycle learner permit may not be renewed.
47Restrictions affecting learner drivers
(1)A learner driver must not drive a motor vehicle (other than a tractor) that is towing another motor vehicle or a trailer.
Penalty:10 penalty units.
* * * * *
(3)A person who holds a car learner permit must not drive a tractor on a highway unless the tractor is being used solely in connection with agriculture, horticulture, dairying, pastoral or other similar pursuits, or commercial fishing.
Penalty:10 penalty units.
48Learner driver must display L plates
(1)A learner driver must not drive a motor vehicle (other than a tractor) on a highway unless—
(a)an L plate is displayed facing out from the rear of the motor vehicle so that the letter "L" is clearly visible from a distance of 20 metres behind the vehicle; and
(b)in the case of a vehicle other than a motor cycle, an L plate is displayed facing out from the front of the vehicle so that the letter "L" is clearly visible from a distance of 20 metres ahead of the vehicle.
Penalty:3 penalty units.
(2)A supervising driver must not sit beside a learner driver, as required under regulation 47(2), if the learner driver is committing an offence against subregulation (1).
Penalty:3 penalty units.
(3)A person who is not a learner driver must not drive a motor vehicle on a highway if there is displayed facing out from the front or rear of the motor vehicle a plate that is, or that resembles, an L plate.
Penalty:3 penalty units.
(4)Subregulation (3) does not apply to—
(a)a person who is instructing a learner driver and who is driving the motor vehicle solely for the purposes of instructing the learner driver; or
(b)a driver of a motor cycle under assessment to whom regulation 11 applies.
Division 9—Probationary drivers
49Probationary driver licence
(1)The probationary period of a driver licence comprises—
(a)the period, if any, for which the licence is granted as a P1 probationary licence, subject to extension under regulation 53 (the P1 probationary period); and
(b)the period for which the licence is granted as a P2 probationary licence, subject to extension under regulation 53 (the P2 probationary period).
(2)At the expiry of the probationary period, the Secretary must grant a full driver licence to the holder of the probationary licence.
50P1 probationary driver licence
(1)Subregulation (2) applies if the Secretary grants a driver licence to an applicant who—
(a)is less than 21 years of age; and
(b)has not previously held a driver licence; and
(c)if the applicant holds a non-Victorian licence or permit—has held that licence or permit for less than one year.
(2)The driver licence must be granted as a P1 probationary driver licence for the period that expires one year after—
(a)in the case of an applicant who holds a non‑Victorian licence or permit, the later of—
(i)the date that licence or permit was issued; or
(ii)the date of the applicant's 18th birthday; or
(b)in any other case, the date the P1 probationary driver licence is granted.
(3)If a person's P1 probationary driver licence is cancelled, the next driver licence granted to the person must be granted as a P1 probationary driver licence for the period that expires one year after it is granted.
(4)In calculating the periods for which a person has held a driver licence or permit referred to in this regulation, the Secretary must exclude any period for which the person was not permitted to drive a motor vehicle.
51P2 probationary driver licence
(1)Subregulation (2) applies if the Secretary grants a driver licence to an applicant who—
(a)is at least 21 years of age; and
(b)has not previously held a driver licence; and
(c)if the applicant holds a non-Victorian licence or permit—has held that licence for less than 3 years.
(2)The driver licence must be granted as a P2 probationary driver licence for the period that expires 3 years after—
(a)in the case of an applicant who holds a non‑Victorian licence issued, the later of—
(i)the date the licence was issued; or
(ii)the date of the applicant's 18th birthday; or
(b)in any other case, the date the P2 probationary driver licence is granted.
(3)Subregulation (5) applies if the Secretary grants a driver licence to an applicant who—
(a)is less than 21 years of age; and
(b)has not previously held a driver licence; and
(c)holds a non-Victorian licence and has held that licence for one year or more from the date of the applicant's 18th birthday.
(4)Subregulation (5) applies if the Secretary grants a driver licence to an applicant who—
(a)is at least 21 years of age; and
(b)has not previously held a driver licence; and
(c)holds a non-Victorian licence and has held that licence for one year or more from the date of the applicant's 18th birthday; and
(d)was less than 21 years of age when they first obtained a non-Victorian licence.
(5)The driver licence must be granted as a P2 probationary driver licence for the period that expires 4 years after the later of—
(a)the date the non-Victorian licence was issued; or
(b)the date of the applicant's 18th birthday.
(6)If a person's P2 probationary driver licence is cancelled, the next driver licence granted to the person must be granted as a P2 probationary driver licence for the period that expires 3 years after it is granted.
(7)In calculating the periods for which a person has held a licence referred to in this regulation, the Secretary must exclude any period for which the person was not permitted to drive a motor vehicle.
52Transition from P1 probationary driver licence to P2 probationary driver licence
(1)Subject to subregulation (2), the Secretary must grant a P2 probationary driver licence to the holder of a P1 probationary driver licence on the expiration of the P1 probationary driver licence.
(2)However, before granting a P2 probationary driver licence, the Secretary may require the holder of a P1 probationary driver licence to pass any appropriate test or assessment or to comply with any other procedures or requirements.
(3)If a person passes a test or assessment or complies with procedures or requirements required by the Secretary under subregulation (2), the Secretary must grant a P2 probationary driver licence to the person on the later of—
(a)the day the person passes the test or assessment or complies with the procedures or requirements; or
(b)the expiration of the P1 probationary driver licence.
(4)If a person does not pass a test or assessment or comply with procedures or requirements required by the Secretary under subregulation (2), the Secretary must not grant a P2 probationary driver licence until the person passes that test or assessment or complies with those procedures or requirements.
(5)A P2 probationary driver licence granted under subregulation (1) or (3) must be granted for the period that expires 3 years after it is granted.
53Extension of probationary driver licence
(1)This regulation applies if a person who holds a P1 probationary driver licence or a P2 probationary driver licence has their driver licence suspended.
(2)For the purposes of section 21(1)(a), (2)(a) and (6)(a) of the Act and subject to subregulation (3), the Secretary must extend the P1 probationary period or the P2 probationary period of the person's licence for the period equal to the sum of—
(a)the period of the suspension (if any); and
(b)6 months.
Example
A person who holds a P1 probationary driver licence commits a traffic-related offence. The person's licence is suspended for one month by the Court. As a result, the P1 probationary period is extended by 7 months.
(3)If the person's driver licence is suspended under—
(a)section 24(1A), 40, 41, 41A, 84BN(2), 85, 85A(1), 85B(1), 85F(1), 85G(1) or 85I(1) of the Act; or
(b)regulation 79, 80 or 81; or
(c)section 89A of the Sentencing Act 1991—
the Secretary must extend the P1 probationary period or P2 probationary period of the person's driver licence for the period of the suspension of the licence.
(4)If the probationary period of a person's driver licence is extended under this regulation, the extended period operates concurrently with the period during which any other extension under this regulation has effect.
54Variation of P2 probationary driver licence to P1 probationary driver licence
(1)This regulation applies if—
(a)a person held a P1 probationary driver licence at the time of committing an alleged offence, being an offence that results in the suspension of the person's driver licence; and
(b)the person holds a P2 probationary driver licence at the time the person's driver licence is suspended for the offence.
(2)The Secretary must vary the P2 probationary driver licence held by the person to a P1 probationary driver licence for 6 months commencing from the day on which the suspension of the person's driver licence expires.
(3)A reference in subregulation (1)(b) to a P2 probationary driver licence that is suspended for an offence does not include a P2 probationary driver licence that is suspended in the circumstances referred to in regulation 53(3).
55Variation of full driver licence to P2 probationary driver licence
(1)This regulation applies if—
(a)a person held a P2 probationary driver licence at the time of committing an alleged offence, being an offence that results in the suspension of the person's driver licence; and
111Reduction, waiver or refund of fees
The Secretary may reduce, waive or refund a fee specified under section 21A of the Act or listed in Schedule 6 or 7, in whole or in part, if there are special circumstances that justify the reduction, waiver or refund of the fee.
112Persons eligible for concessional rates—commercial fees for alcohol interlocks
For the purposes of section 50AAE(6)(a) of the Act, the persons eligible under regulation 108 for the concessional rate of the cost recovery fee is a class of persons to which approved alcohol interlock suppliers must provide concessions.
PART 8—TRANSITIONAL PROVISIONS
113Driver licences or learner permits granted under revoked regulations
(1)If at the time of commencement of these Regulations a driver licence or learner permit is in force, it continues to have effect for the term specified in the licence or permit as if it had been granted under these Regulations.
(2)Without limiting subregulation (1), the driver licence or learner permit may be renewed, varied, cancelled or suspended as though it were a driver licence or learner permit granted under these Regulations.
114Probationary prohibited vehicles
(1)If at the commencement of these Regulations a motor vehicle is not a probationary prohibited vehicle under regulation 57 of the Road Safety (Drivers) Regulations 2009[2], it continues not to be a probationary prohibited vehicle provided the vehicle is being driven by a person whose probationary licence was issued prior to the commencement of these Regulations.
(2)Subregulation (1) continues to have effect, despite anything to the contrary in these Regulations.
SCHEDULE 1—REVOCATIONS
Regulation 4
| S.R. No. | Title |
| 95/2009 | Road Safety (Drivers) Regulations 2009 |
| 138/2009 | Road Safety (Drivers) Amendment Regulations 2009 |
| 28/2010 | Road Safety (Drivers) Amendment (Repeat Speeders Trial) Regulations 2010 |
| 35/2010 | Road Safety (Drivers) and Road Safety (Vehicles) Amendment (Fees) Regulations 2010 |
| 135/2010 | Road Safety (Drivers) Amendment (Drug-Driving) Regulations 2010 |
| 51/2011 | Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2011 |
| 127/2011 | Road Safety (Drivers) Amendment (Fatigue Management) Regulations 2011 |
| 26/2012 | Road Safety (Drivers) Amendment (Tractor) Regulations 2012 |
| 71/2012 | Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2012 |
| 155/2012 | Road Safety (Drivers) Amendment (Demerit Points and Peer Passenger Exemption) Regulations 2012 |
| 44/2013 | Road Safety (Drivers) Amendment (Application of Fees) Regulations 2013 |
| 58/2013 | Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2013 |
| 86/2013 | Road Safety (Drivers) Amendment (Heavy Combination Vehicle Licences) Regulations 2013 |
| 135/2013 | Road Safety (Drivers) and (General) Amendment (Mobile Phones and Other Devices) Regulations 2013 |
| 150/2013 | Road Safety (Vehicles), (Drivers) and (General) Amendment (Heavy Vehicle National Law) Regulations 2013 |
| 153/2013 | Road Safety (Vehicles), (Drivers) and (General) Amendment (Registration) Regulations 2013 |
| 174/2013 | Road Safety (Drivers) Amendment (Fees) Regulations 2013 |
| 175/2013 | Road Safety (Drivers) Amendment (Probationary Driver Licences and Other Matters) Regulations 2013 |
| 27/2014 | Road Safety (Drivers) Amendment (Variation of Driver Licence and Learner Permit) Regulations 2014 |
| 46/2014 | Road Safety (Drivers) and (Vehicles) Amendment Regulations 2014 |
| 85/2014 | Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2014 |
| 200/2014 | Road Safety (Drivers) Amendment (Probationary Prohibited Vehicles) Regulations 2014 |
| 1/2015 | Road Safety (Drivers) and (General) Amendment (Alcohol Interlocks) Amendment Regulations 2015 |
| 79/2015 | Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2015 |
| 84/2015 | Road Safety (Drivers) Amendment (Driver Licence) Regulations 2015 |
| 135/2015 | Road Safety (Drivers) Amendment (Probationary Driver Free Full Driver Licence Scheme) Regulations 2015 |
| 159/2015 | Road Safety (Drivers) and (Vehicles) Amendment (Miscellaneous Fees) Regulations 2015 |
| 50/2016 | Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 |
| 92/2016 | Road Safety (Drivers) Amendment (Interstate Disqualification and Other Matters) Regulations 2016 |
| 100/2017 | Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2017 |
| 139/2017 | Road Safety (Drivers) Amendment Regulations 2017 |
| 54/2019 | Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2019 |
SCHEDULE 2—CODES USED TO INDICATE DRIVER LICENCE OR LEARNER PERMIT SUBJECT TO CONDITIONS
Regulation 29(2)
| Column 1 Condition code | Column 2 Licence or permit condition |
| A | That the driver must drive a motor vehicle (other than a motor cycle or tractor) with an automatic transmission if the test or assessment was passed in a motor vehicle with an automatic transmission. |
| B | That if the holder drives a heavy vehicle or bus, the vehicle must be fitted with a synchromesh transmission. |
| E | That the driver— (a) must not drive a motor cycle other than a learner approved motor cycle; and (b) must not drive a motor cycle on which there is a pillion passenger; and (c) must not drive a motor cycle unless the headlights of the motor cycle are on at all times— before the date appearing after the licence category code RIDER or R, or the condition code E. |
| I | That the driver must only drive a motor vehicle fitted with an alcohol interlock. |
| N | That the driver must drive a motor cycle with an automatic transmission if the test or assessment was passed on a motor cycle with an automatic transmission. |
| S | That the driver must wear corrective lenses at all times while driving. |
| V | That the driver must drive only a motor vehicle fitted with specified driver aids, or modified as directed in writing by the Secretary. |
| X | That the driver must comply with any condition of which the driver has been notified in writing by the Secretary. |
| Z | That— (a) the driver must not drive or be in charge of a motor vehicle if there is any concentration of alcohol present in the blood or breath of the driver; and (b) the driver licence document of the driver must be in the driver's possession at all times while the driver is driving or in charge of a motor vehicle. |
SCHEDULE 3—DEMERIT POINTS
Regulation 72
| Column 1 | Column 2 | Column 3 | ||
| Item | Description of offence | Reference | Demerit points | |
| 1 | Failing to stop or give way, or remain stopped, at a level crossing or unlawfully entering a level crossing | RSA 68B, RR 121, 122, 123, 124 | 4 | |
| 2 | Driving fatigue-regulated vehicle in contravention of maximum work requirement —critical risk breach | HVNL 250(1)(a), 251(1)(a), 254(1)(a), 256(1)(a), 258(1)(a), 260(1)(a) | 4 | |
| 3 | Driving fatigue-regulated vehicle in contravention of minimum rest requirement —critical risk breach | HVNL 250(1)(b), 251(1)(b), 254(1)(b), 256(1)(b), 258(1)(b), 260(1)(b) | 4 | |
| * * * * * | ||||
| 5 | Operating, touching or looking at a device when prohibited from doing so | RR 304H(1), 304I(1), 304I(4), 304J(1), 304J(2), 304J(3), 304K(1), 304K(2) and 304KA | 4 | |
| 6 | Disobeying traffic lights, signs or traffic directions of police officer or authorised person | RSA 59(2), RR 56(1), 56(2), 57(1), 57(2), 57(3), 59(1), 60, 60A(1), 60A(2), 61(2), 61(5), 64, 65(2), 66(1), 66(4), 67(1), 68(1), 69(1), 70, 71(1), 93(1), 94, 95(1), 98(1), 100, 101(1), 101(2), 115(1), 152(1), 281, 282, 284, 286(2), 286(3), 304(1) | 3 | |
| 7 | Failing to give way, or stop or remain stopped | RR 38(1), 62(1), 63(2), 63(3), 72(1), 73(1), 74(1), 75(1), 77(1), 78(1), 78(2), 79(1), 80(2), 80(3), 80(4), 81(2), 82, 83, 84, 87(1), 114(1), 114(2), 115(1) | 3 | |
| 8 | Driving with unrestrained passenger under the age of 16 years | RR 266(1) | 3 | |
| 9 | Driving with unrestrained passenger | RR 264A(1) | 3 | |
| 9A | Driver occupying same seating position as a passenger | RR 263B(1) | 3 | |
| 9B | Driver failing to ensure passenger is not occupying the same seating position as another passenger or the driver | RR 263B(2) | 3 | |
| 10 | Drive with a passenger in or on part of vehicle not designed for passengers or goods | RR 268(4A), 268(4B) | 3 | |
| 11 | Driving in contravention of a condition of a major defect notice | RS(V)R 272(1), HVNL 529 | 3 | |
| 12 | Driving on wrong side of double lines, or on wrong side of divided road | RR 132(2), 132(2A), 135 | 3 | |
| 13 | Driving wrong way on a one-way service road | RR 136 | 3 | |
| 14 | Driving over double lines surrounding a painted island | RR 138 | 3 | |
| 15 | Using a vehicle on a highway without a properly affixed and displayed number plate | RS(V)R 65(1), 65(2) | 3 | |
| 16 | Driving without a seatbelt | RR 264(1) | 3 | |
| 17 | Rider or passenger of motor bike not wearing approved motor bike helmet or improperly carrying pillion/sidecar passenger | RR 270(1), 271(3), 271(4), 271(5), 271(5A) | 3 | |
| 18 | Risk colliding with alighting, boarding or waiting tram passengers | RR 162(1), 163(1), 164(1), 164A(1) | 3 | |
| 19 | Careless driving | RSA 65 | 3 | |
| 20 | Exceeding speed-limit by 10 km/h or more but less than 25 km/h (other than exceeding speed-limit by 20 km/h or more but less than 25 km/h, in circumstances where the speed-limit applying to the driver is 110 km/h) | RR 20 | 3 | |
| 21 | Learner driver driving a motor vehicle (other than a tractor or motor cycle) without an appropriate supervising driver sitting beside the driver | RSA 18AB(1) | 3 | |
| 22 | Failing to display "P" plates | RS(D)R 56(1) | 3 | |
| 23 | Probationary driver driving a probationary prohibited vehicle | RS(D)R 58(1) | 3 | |
| 24 | Driving a motor cycle other than a learner approved motor cycle | RS(D)R 59(1)(a), 59(2)(a) | 3 | |
| 25 | Driving a motor cycle on which there is a pillion passenger | RS(D)R 59(1)(b), 59(2)(b) | 3 | |
| 26 | P1 probationary driver or corresponding novice driver driving a motor vehicle with more than one peer passenger | RS(D)R 61(1) | 3 | |
| 27 | Driving fatigue-regulated vehicle while impaired by fatigue | HVNL 228(1) | 3 | |
| 28 | Driving fatigue-regulated vehicle in contravention of maximum work requirement —severe risk breach | HVNL 250(1)(a), 251(1)(a), 254(1)(a), 256(1)(a), 258(1)(a), 260(1)(a) | 3 | |
| 29 | Driving fatigue-regulated vehicle in contravention of minimum rest requirement —severe risk breach | HVNL 250(1)(b), 251(1)(b), 254(1)(b), 256(1)(b), 258(1)(b), 260(1)(b) | 3 | |
| 30 | Improper overtaking or passing | RR 141(1), 142(1), 143(1), 143(1A), 143(2), 144, 144A(1), 144A(1A), 145, 148(1), 148(2), 148A, 160(2), 160(3) | 2 | |
| 31 | Turning or stopping without signalling | RR 46(1), 48(1), 53(1), 53(2) | 2 | |
| 32 | Turning improperly | RR 27(1), 28(1), 28(1A), 29, 31(1), 32(1), 33(1), 37, 92(1) | 2 | |
| 33 | Failing to keep left (other than double dividing lines) | RR 129(1), 130(2), 131, 132(1), 132(2), 132(2A) | 2 | |
| 34 | Driving in contravention of a condition of a minor defect notice | RS(V)R 272(1), HVNL 529 | 1 | |
| 35 | Failing to display "L" plates | RS(D)R 48(1) | 1 | |
| 36 | Drive a motor cycle without an approved high visibility vest or jacket that is visible and is securely fitted and fastened | RS(D)R 59(2)(d) | 1 | |
| 37 | Failure to dip headlights | RR 218(1) | 1 | |
| 38 | Long vehicle failing to keep minimum distance behind another long vehicle | RR 127(1) | 1 | |
| 39 | Driving insufficient distance behind a vehicle | RR 126 | 1 | |
| 40 | Driving at night or in hazardous weather conditions without headlights, tail lights, number plate lights and rear lights on, and, if fitted, without clearance lights and side marker lights on | RR 215(1), 216(1) | 1 | |
| 41 | Exceeding the speed‑limit by less than 10 km/h | RR 20 | 1 | |
HVNL means the Heavy Vehicle National Law (Victoria);
RSA means the Road Safety Act 1986;
RS(D)R means these Regulations;
RS(V)R means the Road Safety (Vehicles) Regulations 2021;
RR means the Road Safety Road Rules 2017.
SCHEDULE 4—DEMERIT POINTS FOR RELEVANT INTERSTATE OFFENCES
Regulations 72 and 103
| Column 1 | Column 2 | Column 3 | ||
| Item | Description of offence | Reference | Demerit points | |
| 1 | Exceeding speed-limit by 45 km/h or more | ARR 20 | 6 | |
| 2 | Exceeding speed-limit by 30 km/h or more but less than 45 km/h | ARR 20 | 4 | |
| 3 | Fatigue driving (critical risk breach) | HVNL 250(1)(a), 250(1)(b), 251(1)(a), 251(1)(b), 254(1)(a), 254(1)(b), 256(1)(a), 256(1)(b), 258(1)(a), 258(1)(b), 260(1)(a), 260(1)(b) | 4 | |
| 4 | Fatigue driving exceed AFM outer limits (less than 7 days) 30 mins work/rest time (critical risk breach) | HVNL 258(1)(a), 258(1)(b) | 4 | |
| 5 | Fatigue driving exceed AFM outer limits (7 days or more) >1 hour work time (critical risk breach) | HVNL 258(1)(a), 258(1)(b) | 4 | |
| 6 | Excessive speed approaching a children's or pedestrian crossing | ARR 80(1), 81(1) | 3 | |
| 7 | Disobeying traffic signal | ARR 56(1), 56(2), 57(1), 57(2), 59(1), 60, 60A(1), 60A(2), 61(2), 66(1), 66(4), 152(1), 281, 282, 284, 286(2), 286(3) | 3 | |
| 8 | Disobeying stop or give way traffic sign or line | ARR 67(1), 68(1), 69(1), 70, 71(1), 101(1), 101(2), | 3 | |
| 9 | Disobeying traffic direction by a police or authorised officer | ARR 304(1) | 3 | |
| 10 | Failing to give way | ARR 38(1), 62, 63(2), 63(3), 64, 72(1), 73(1), 74(1), 75(1), 76(1), 76(2), 77(1), 79(1), 83, 84(1), 85, 86(1), 87(1), 87(3), 114(1), 114(2), 148(1), 148(2), 148A, 149, 288(4), 289(2) | 3 | |
| 11 | Failing to stop or give way at pedestrian, children's or level crossing | ARR 65(2), 80(2), 80(3), 80(4), 81(2), 82, 121, 122, 123 | 3 | |
| 12 | Driving with unrestrained passenger | ARR 265(3), 266(1) | 3 | |
| * * * * * | ||||
| 14 | Driving contrary to a major defect notice | HVNL 529 | 3 | |
| 15 | Driving on wrong side of double dividing lines, or on wrong side of divided highway | ARR 132(2), 132(2A), 135(1) | 3 | |
| 16 | Exceeding the speed-limit by 15 km/h or more but less than 30 km/h | ARR 20 | 3 | |
| 17 | Driver failing to occupy the driver's seating position with an approved seatbelt and failing to wear an approved seatbelt | ARR 264 | 3 | |
| 18 | Driving in a tram lane or in the path of a tram | ARR 76(1), 76(2), 155(1) | 3 | |
| 19 | Driving in the path of a police or emergency vehicle | ARR 78(1), 78(2) | 3 | |
| 20 | Motorcyclist not wearing a helmet | ARR 270(1) | 3 | |
| 21 | Using, operating, touching or looking at a device when prohibited from doing so | ARR 304H(1), 304I(1), 304I(3), 304J(1), 304J(2) and 304J(3) | 3 | |
| 22 | Risk colliding with alighting, boarding or waiting tram passengers | ARR 162(1), 163(1), 164(1) | 3 | |
| 23 | Careless or negligent driving | An offence of another jurisdiction equivalent to section 65 of the Road Safety Act 1986 | 3 | |
| 24 | Fatigue driving (severe risk breach) | HVNL 250(1)(a), 250(1)(b), 251(1)(a), 251(1)(b), 254(1)(a), 254(1)(b), 256(1)(a), 256(1)(b), 258(1)(a), 258(1)(b), 260(1)(a), 260(1)(b) | 3 | |
| 25 | Fatigue driving (driving while impaired) | HVNL 228(1) | 3 | |
| 26 | Fatigue driving exceed AFM outer limits (less than 7 days) >15 mins but £ 30 mins work/rest time (severe risk breach) | HVNL 258(1)(a), 258(1)(b) | 3 | |
| 27 | Fatigue driving exceed AFM outer limits (7 days or more) >30 mins but £ 1 hour work time (severe risk breach) | HVNL 258(1)(a), 258(1)(b) | 3 | |
| 28 | Improper overtaking or passing | ARR 93(1), 94, 140, 141(1), 142(1), 143(1), 143(2), 144, 160(2), 160(3), 161(2), 161(3) | 2 | |
| 29 | Turning or stopping without signalling | ARR 46(1), 48(1), 53(1), 53(2), 53(3), 112(2), 112(3), 113(2), 113(3), 117(1), 117(2), 118(1) | 2 | |
| 30 | Turning improperly | ARR 27(1), 28(1), 28(1A), 29, 31(1), 32(1), 33(1), 34(1), 37, 39(1), 39(2), 40, 41, 42, 88(1), 88(2), 89(1), 89(2), 90, 91(1), 91(2) | 2 | |
| 31 | Failing to keep left (other than double dividing lines) | ARR 115(1), 129(1), 130(2), 131(1), 132(1), 132(2), 132(2A) | 2 | |
| 32 | Driving contrary to a minor defect notice | HVNL 529 | 1 | |
| 33 | Failure to dip headlights | ARR 218(1), 219 | 1 | |
| 34 | Following too closely | ARR 126, 127(1) | 1 | |
| 35 | Driving at night without lights on | ARR 215(1), 216(1) | 1 | |
| 36 | Exceeding the speed-limit by less than 15 km/h | ARR 20 | 1 | |
The above table has been adopted from the table in clause 6 of the model amendments to the Supporting Principles set out in the National Transport Commission (Model Amendments to the National Driver Licensing Scheme (Supporting Principles)—Package No. 1) Regulations 2009 of the Commonwealth. The references in column 2 of the table are references to provisions of model legislation and road transport legislation of the Commonwealth as follows:
ARR means the Australian Road Rules approved by the Transport and Infrastructure Council under the National Transport Commission Act 2003 of the Commonwealth as amended from time to time;
HVNL means the Heavy Vehicle National Law (Victoria), as in force from time to time, set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland.
SCHEDULE 5—OFFENCES WHICH DISQUALIFY DRIVERS FROM FREE 3 YEAR FULL DRIVER LICENCE AND DISCOUNTED DRIVER LICENCE RENEWAL
Regulations 103 and 104B
Heavy Vehicle National Law (Victoria)
Sections 89, 250(1), 251(1), 254(1), 256(1), 258(1), 260(1), 293(1), 296(1), 297(2), 298(1), 301, 302, 326(1), 327, 329, 335(1), 336(1) and 468(1).
Road Safety Act 1986
Sections 7(1) and (2), 13(5), 18(1), 18AA(1), 19(5), (7), (7B) and (8), 21(1A), 30(1), 30AA, 32(1), 49(1), 49B(1), 50AAD(1), 50AAK(1), 56(2) and (7), 59(2) and (8), 60(1), 61(3), (4) and (5), 61A(3), (4) and (5), 62(3), 64(1), 65A(1), 65B, 68(1) and (2), 70(1A) and 74(1) and (2).
Road Safety Road Rules 2009 or Road Safety Road Rules 2017
Rules 20(1), (2), (3) and (4), 62(1), 63(2), 80(1), 111(1), 116, 140, 149, 265(1), 268(1), (2), (3) and (4), 271(1), 294(1) and (2), 297(1), (1A), (2) and (3) and 298(1).
Road Safety (Drivers) Regulations 2009
Regulations 15(3), 57(1) and 59.
Road Safety (Drivers) Regulations 2019
Regulations 9(3), 58(1) and 60.
Road Safety (Vehicles) Regulations 2009
Regulations 259(2) and 266.
Road Safety (Vehicles) Interim Regulations 2020
Regulations 254(2) and 261.
Road Safety (Vehicles) Regulations 2021
Regulations 295(3) and 302.
Transport (Compliance and Miscellaneous) Act 1983
Section 216(2) in circumstances referred to in section 216(1)(a), (b), (e) or (f).
Environment Protection Regulations 2021
Regulations 142, 143(1), 144(1) and 145(1).
Interstate Road Transport Act 1985 of the Commonwealth (as in force immediately before its repeal)
Sections 8(1), 10(1)(a) and (b) and (3)(a) and (b) and 12D(1)(a).
SCHEDULE 6—GENERAL FEES
Regulations 23(2), 26(4), 62(2), 64(4), 101(2), 104(1), 106, 108(1), 108(3), 109, 110(3) and 111
| Item | Description of fee | Column 1 Regulation | Column 2 Fee | |
| 1 | Fee to make an appointment in relation to testing or assessment for a learner permit or driver licence | 23(2) | 1·28 fee units | |
| 2 | Written, computer-based or on-line test for a learner permit conducted by the Secretary or another person on behalf of the Secretary and taken at the premises of the Department or that person | 23(2) | 1·66 fee units | |
| 3 | On-line test for a learner permit conducted by the Secretary at a place other than premises referred to in item 2 that is taken within 12 months after the date of first enrolment | 23(2) | nil | |
| 3A | On-line test for a learner permit conducted by the Secretary at a place other than premises referred to in item 2 that is taken at any time after the period referred to in item 3 | 23(2) | 1·66 fee units | |
| 3B | Written, computer-based or on-line test for a car driver licence or motor cycle licence conducted by the Secretary or another person on behalf of the Secretary and taken at the premises of the Department or that person | 23(2) | 1·27 fee units | |
| 3C | First on-line test for a car driver licence or motor cycle licence conducted by the Secretary and taken at a place other than premises referred to in item 3B | 23(2) | nil | |
| 3D | Second or subsequent on-line test for a car driver licence or motor cycle licence conducted by the Secretary and taken at a place other than premises referred to in item 3B | 23(2) | 1·27 fee units | |
| 3E | Written, computer-based or on-line test conducted by the Secretary or another person on behalf of the Secretary for a variation of— (a) a car driver licence to include an additional category of motor vehicle that is a light rigid vehicle, medium rigid vehicle or heavy rigid vehicle; (b) a driver licence which authorises a person to drive a medium rigid vehicle to include an additional category of motor vehicle that is a heavy combination vehicle; (c) a driver licence which authorises a person to drive a heavy rigid vehicle to include an additional category of motor vehicle that is a heavy combination vehicle or a multi-combination vehicle | 23(2) | 1·37 fee units | |
| 4 | Practical test conducted by the Secretary for a driver licence or driver licence variation for any motor vehicle other than a heavy vehicle | 23(2) | 3·08 fee units | |
| 5 | Practical test conducted by the Secretary for a driver licence or driver licence variation for any heavy vehicle | 23(2) | 3·36 fee units | |
| 6 | Fee to transfer an appointment in relation to testing or assessment for a learner permit or driver licence | 23(2), 26(4) | 1·28 fee units | |
| 7 | Fee to make an appointment for the verification of a non‑Victorian licence or permit for the purpose of an application for the grant or variation of a Victorian driver licence or learner permit | 26(3) | 1·28 fee units | |
| 8 | First grant of a motor cycle learner permit | 23(2), 62(2) | nil | |
| 8A | Second or subsequent grant of a motor cycle learner permit | 23(2), 62(2) | 1·7 fee units | |
| 9 | First grant of a car learner permit | 23(2), 62(2) | nil | |
| 9A | Second or subsequent grant of a car learner permit | 23(2), 62(2) | 1·7 fee units | |
| 9B | Renewal of a car learner permit | 23(2), 62(2) | 1·7 fee units | |
| 10 | Variation of a driver licence or learner permit | 23(2), 62(2) | 2·13 fee units | |
| 11 | Issue of a replacement physical driver licence document | 64(4) | 1·66 fee units | |
| 12 | Issue of a replacement physical learner permit document | 64(4) | 1·66 fee units | |
| 13 | Fee to make an application for exemption under regulation 101(2) | 101(2) | 4·16 fee units | |
| 14 | Issue of a replacement learner log book | 106 | 1·4 fee units | |
| 15 | Cost recovery fee (full fee) | 108(1) | 2∙5 fee units | |
| 16 | Cost recovery fee (concessional fee) | 108(1) | 1∙25 fee units | |
| 17 | Processing a refund relating to cancellation of a driver licence | 110(3) | 1·28 fee units | |
SCHEDULE 7—SEARCH AND EXTRACT FEES
Regulation 107
| Item | Description | Fee |
| 1 | Certificate under section 84(1) of the Act | 0·65 fee units |
| 2 | Search or extract of current information | 0·65 fee units |
| 3 | Search or extract of historical information | 1·3 fee units |
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Road Safety (Drivers) Regulations 2019, S.R. No. 100/2019 were made on 22 October 2019 by the Governor in Council under section 95 of the Road Safety Act 1986, No. 127/1986 and came into operation on 29 October 2019: regulation 3.
The Road Safety (Drivers) Regulations 2019 will sunset 10 years after the day of making on 22 October 2029 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Road Safety (Drivers) Regulations 2019 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Road Safety (Drivers) Amendment (Alcohol Interlocks) Regulations 2019, S.R. No. 120/2019
Date of Making: 26.11.19 Date of Commencement: 1.12.19: reg. 3
Road Safety (Automated Vehicles), (Drivers), (General), (Traffic Management) and (Vehicles) Amendment Regulations 2019, S.R. No. 172/2019
Date of Making: 23.12.19 Date of Commencement: Reg. 5(Sch. 2) on 1.1.20: reg. 3
Road Safety (Drivers), (General) and (Vehicles) Interim Amendment Regulations 2020, S.R. No. 105/2020
Date of Making: 29.9.20 Date of Commencement: Regs 82–84 on 4.10.20: reg. 3
Road Safety (Drivers), (General) and (Traffic Management) Amendment Regulations 2020, S.R. No. 123/2020
Date of Making: 10.11.20 Date of Commencement: Regs 5, 6 on 12.11.20: reg. 3(1); reg. 4 on 1.12.20: reg. 3(2)
Road Safety (Drivers) and (General) Amendment Regulations 2021, S.R. No. 36/2021
Date of Making: 20.4.21 Date of Commencement: Regs 4, 5 on 26.4.21: reg. 3
Road Safety (Drivers) and (Vehicles) Interim Amendment Regulations 2021, S.R. No. 75/2021
Date of Making: 29.6.21 Date of Commencement: Regs 4, 5 on 1.7.21: reg. 3
Road Safety (Drivers) and (General) Further Amendment Regulations 2021, S.R. No. 121/2021
Date of Making: 21.9.21 Date of Commencement: Regs 4–6 on 30.9.21: reg. 3
Road Safety (Drivers) and (General) Amendment Regulations 2022, S.R. No. 19/2022
Date of Making: 22.2.22 Date of Commencement: Regs 5–17 on 1.3.22: reg. 3
Road Safety (Drivers) and (Vehicles) Amendment Regulations 2022, S.R. No. 51/2022
Date of Making: 30.6.22 Date of Commencement: Reg. 4 on 1.7.22: reg. 3
Road Safety (Drivers) Amendment (Fees) Regulations 2022, S.R. No. 98/2022
Date of Making: 27.9.22 Date of Commencement: 1.10.22: reg. 3
Road Safety (Drivers) and (Vehicles) Further Amendment Regulations 2022, S.R. No. 129/2022
Date of Making: 25.10.22 Date of Commencement: Regs 3–5 on 25.10.22
Road Safety (Drivers) and (General) Amendment Regulations 2023, S.R. No. 8/2023
Date of Making: 14.2.23 Date of Commencement: Regs 4, 5 on 31.3.23: reg. 3
Road Safety (Drivers) Amendment Regulations 2023, S.R. No. 9/2023
Date of Making: 14.2.23 Date of Commencement: Reg. 6 on 14.2.23: reg. 3(1); regs 4, 5 on 27.3.23: reg. 3(2)
Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2023, S.R. No. 53/2023
Date of Making: 14.6.23 Date of Commencement: Reg. 4 on 1.7.23: reg. 3
Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2024, S.R. No. 43/2024
Date of Making: 4.6.24 Date of Commencement: Reg. 4 on 1.7.24: reg. 3
Road Safety (Drivers) and (General) Amendment (Digital Driver Licence) Regulations 2025, S.R. No. 15/2025
Date of Making: 1.4.25 Date of Commencement: Regs 5–22 on 3.4.25: reg. 3
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3 Explanatory details
[1] Reg. 59(7)(b): S.R. No. 116/2021.
[2] Reg. 114(1): 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 100/2017, 139/2017, 140/2017, 47/2018, 89/2018, 181/2018 and 54/2019 and extended in operation by S.R. No. 70/2019.
——
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 2024 is $16.33. 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 2024 is $197.59. 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 was included in S.R. No. 100/2019 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 |
| Regulation 59(9) | AS/NZS 4602.1:2011 High visibility safety garments—Garments for high risk applications, published by Standards Australia on 17 February 2011, as amended from time to time | The whole |
| ISO 20471:2013 High visibility clothing—Test methods and requirements, published by the International Organization for Standardization on 1 June 2013, as amended from time to time | The whole | |
| ANSI/ISEA 107-2015 High‑Visibility Safety Apparel and Accessories, published by the International Safety Equipment Association on 1 February 2016, as amended from time to time | The whole | |
| BS EN ISO 20471:2013+A1:2016 High-visibility warning clothing for professional use. Test methods and requirements, published by the British Standards Institution on 21 April 2004, as amended from time to time | The whole |
0
0
0