Road Safety (Driving Instructors) Act 1998 (Vic)

Road Safety (Driving Instructors) Act 1998

Act No. 63/1998

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	New sections 33, 33A and 33B inserted	2

33.	Driving instructor authorities	2
33A.	Offence to teach driving without driving instructor
authority or in breach of condition of authority	5
33B.	Requirement to display photograph	5

4.	Paid driving instructor deemed to be in charge of vehicle	6
5.	Driving instructor to have zero blood alcohol	6
6.	Consequential amendments to Schedule 2	7

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NOTES 8

i

Victoria

No. 63 of 1998

Road Safety (Driving Instructors) Act

1998†

[Assented to 27 October 1998]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Road compulsory registration of driving instructors.

2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal
Assent.

Road Safety (Driving Instructors) Act 1998

Act No. 63/1998 s. 3

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does not come into operation before 1 March 1999, it comes into operation on that day.

3. New sections 33, 33A and 33B inserted

After section 32 of the Road Safety Act 1986
insert—

"33. Driving instructor authorities

(1) The Secretary to the Department of

Infrastructure may, on the application of the
holder of a full driver licence, grant a driving
instructor authority if the Secretary is
satisfied that the applicant is qualified to

hold such an authority.

(2) The Secretary may, before granting an

authority, require the applicant—

(a)	to demonstrate that he or she is a fit and proper person to hold an authority; and
(b)	to pass a training course approved by the Secretary or otherwise demonstrate to the Secretary's satisfaction that he or she is competent to hold an authority; and
(c)	to comply with any prescribed procedures and requirements.

(3) An authority authorises the holder to teach

other persons to drive a motor vehicle, other than a motor cycle, with a gross vehicle mass of not more than 4·5 tonnes and with a
seating capacity of not more than 12 adults
including the driver, for the term, and subject
to any conditions, specified in the authority.

Road Safety (Driving Instructors) Act 1998

s. 3 Act No. 63/1998

(4) The Secretary may, by notice in writing to
the applicant, refuse to grant an authority.

(5) If the Secretary decides to refuse to grant an

authority, the applicant may appeal against
the refusal to the Magistrates' Court.

(6) On an appeal under sub-section (5) the

applicant must—

(a) file a notice of appeal at the venue of the Magistrates' Court nearest to the applicant's residence or place of

business; and

(b) send a copy of the notice of appeal to the Secretary—

within 28 days after the date of the notice of

refusal to grant the authority.

(7) On an appeal under sub-section (5) the court

must—

(a)	re-determine the matter of the refusal; and
(b)	hear any relevant evidence tendered by the appellant or the Secretary; and
(c)

without limiting its discretion, take into Secretary ought to have considered.

(8) If the driver licence of the holder of an

authority is cancelled or otherwise ceases to be held by that person, the authority of that person thereupon automatically ceases to
have any effect.

(9) If the driver licence of the holder of an authority is suspended for any time, the authority of that person is, unless cancelled

or suspended under sub-section (10),

Road Safety (Driving Instructors) Act 1998

Act No. 63/1998 s. 3

thereupon automatically suspended for the
same time.

(10) The Secretary may, if of the opinion that the

holder of an authority is unfit to hold the
authority, by notice in writing to the holder
of the authority, cancel the authority or
suspend or vary the authority for such period
as the Secretary determines.

(11) The Secretary must not suspend, cancel or

vary an authority unless the holder of the
authority has been given a reasonable
opportunity to show cause why the authority
should not be cancelled, suspended or varied.

(12) An authority is of no effect while suspended. (13) If the Secretary decides to cancel, suspend or

vary an authority, the holder of the authority
may appeal against the cancellation,
suspension or variation to the Magistrates'

Court.

(14) On an appeal under sub-section (13) the

applicant must—

(a) file a notice of appeal at the venue of the Magistrates' Court nearest to the applicant's residence or place of

business; and

(b) send a copy of the notice of appeal to the Secretary—

within 28 days after the date of the notice of
cancellation, suspension or variation of the

authority.

(15) On an appeal under sub-section (14) the

court must—

Road Safety (Driving Instructors) Act 1998

s. 3 Act No. 63/1998

(a)

re-determine the matter of the and

(b)	hear any relevant evidence tendered by the appellant or the Secretary; and
(c)

without limiting its discretion, take into Secretary ought to have considered.

(16) Every decision of the Magistrates' Court on

an appeal under sub-sections (5) or (13) must
be given effect to by the Secretary.

33A. Offence to teach driving without driving

instructor authority or in breach of

condition of authority

(1) A person who for financial gain, or in the

course of any trade or business, teaches
another person to drive a motor vehicle of a
kind described in section 33(3) on a

highway—

(a)	without holding a driving instructor authority; or
(b)	in breach of any condition of such an authority—

is guilty of an offence.
Penalty: 8 penalty units.

(2) It is a defence to a charge under sub-section (1) for the person charged to prove that the person being taught to drive held a driver

licence at the time of being taught.

33B. Requirement to display photograph

When teaching a person to drive pursuant to a driving instructor authority, the holder of the authority must display an identity

Road Safety (Driving Instructors) Act 1998

Act No. 63/1998 s. 4

photograph of himself or herself in the prescribed format and in the prescribed location in any motor vehicle from time to

time being used for teaching purposes.
Penalty: 5 penalty units.".

4.  Paid driving instructor deemed to be in charge of vehicle

After section 48(1) of the Road Safety Act 1986 insert—

"(1AA) Despite sub-section (1)(b), a person who for

financial gain, or in the course of any trade or business, is teaching a person, who does not hold a driver licence, to drive on a

highway a motor vehicle of a kind described in section 33(3) is to be taken to be in charge of the motor vehicle being used for teaching purposes while the person whom he or she is teaching to drive is driving or in charge of it.

(1AB) Sub-section (1AA) does not affect any

liability of the person who is being taught to
drive for any offence committed by that
person while driving or in charge of the
motor vehicle being used for teaching

purposes.".

5. Driving instructor to have zero blood alcohol

After section 52(1C) of the Road Safety Act 1986 insert—

"(1D) This section also applies to a person who for

financial gain, or in the course of any trade or business, is teaching a person, who does not hold a driver licence, to drive on a
highway a motor vehicle of a kind described
in section 33(3) while that person is in
charge of the motor vehicle being used for

Road Safety (Driving Instructors) Act 1998

s. 6 Act No. 63/1998

teaching purposes by virtue of section

48(1AA).".

6. Consequential amendments to Schedule 2

In Schedule 2 to the Road Safety Act 1986, after item 65 insert—

"Driving instructor authorities

66.  Applications for driving instructor authorities and the revocation or suspension thereof.

67.  Procedures and requirements to be complied with before a driving instructor authority may be issued.

68.  Prescribing and regulating the conduct of holders of driving instructor authorities in respect of the teaching of persons to drive motor vehicles.

69.  The format of identity photographs of holders of driving instructor authorities.

70.  The location of identity photographs of holders of driving instructor authorities in motor vehicles that are used for teaching persons to drive.

71.  The conditions to which driving instructor authorities are subject.

72.  The date on which a driving instructor authority commences and the period for which it remains in force.

73.  Generally, all such matters as are authorised or permitted to be prescribed or are necessary or expedient to be prescribed for carrying section 33 into effect.".

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Road Safety (Driving Instructors) Act 1998

Act No. 63/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 9 April 1998

Legislative Council: 6 October 1998

The long title for the Bill for this Act was "to amend the Road Safety Act
1986 to provide a scheme for the compulsory registration of driving
instructors and for other purposes."