Road Safety (Driving Instructors) and (General) Amendment Regulations 2024 (Vic)

Road Safety (Driving Instructors) and (General) Amendment Regulations 2024

S.R. No. 60/2024

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

Part 2—Amendment of Road Safety (Driving Instructors) Regulations 2020

4Definitions

5Application for driving instructor authority

6Safe Transport Victoria may grant partial refund of fee

7Safe Transport Victoria must issue holder's identity photograph

8Return of authority and identity photograph upon cancellation

9Replacement of authority or identity photograph

10Conditions on authority

11Safe Transport Victoria may authorise persons

12Change of medical condition or information

13Working with children assessment notice

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

14Regulations 40AA and 40AAB revoked

15Schedule 7 amended

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Endnotes

STATUTORY RULES 2024

S.R. No. 60/2024

Road Safety Act 1986

Road Safety (Driving Instructors) and (General) Amendment Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 25 June 2024

Responsible Minister:

MELISSA HORNE
Minister for Roads and Road Safety

SAMUAL WALLACE

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are—

(a)to amend the Road Safety (Driving Instructors) Regulations 2020 as a consequence of the enactment of the Transport Legislation Amendment Act 2023, which amended section 33 of the Road Safety Act 1986 to provide for the granting of driving instructor authorities by Safe Transport Victoria; and

(b)to amend the Road Safety (General) Regulations 2019—

(i)to, as a consequence of the amendment of section 84(7)(ba) of the Road Safety Act 1986 by the Transport Legislation Amendment Act 2023, revoke certain testing and sealing requirements for road safety cameras used to detect a portable device offence or seatbelt offence; and

(ii)to prescribe road safety offences that may be dealt with by infringement notice and the penalties for those infringement offences.

2Authorising provision

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

3Commencement

(1)These Regulations, except Part 3, come into operation on the day on which they are made.

(2)Part 3 of these Regulations comes into operation on 1 July 2024.

PART 2—AMENDMENT OF ROAD SAFETY (DRIVING INSTRUCTORS) REGULATIONS 2020

4Definitions

In regulation 5 of the Road Safety (Driving Instructors) Regulations 2020[1], in the definition of authorised person, for "the Head, Transport for Victoria" substitute "Safe Transport Victoria".

5Application for driving instructor authority

In regulation 6 of the Road Safety (Driving Instructors) Regulations 2020—

(a)in paragraphs (a), (b) and (c)(i), for "the Head, Transport for Victoria" substitute "Safe Transport Victoria";

(b)in paragraph (c)(ii), for "the Head, Transport for Victoria" (where twice occurring) substitute "Safe Transport Victoria".

6Safe Transport Victoria may grant partial refund of fee

(1)In the heading to regulation 7 of the Road Safety (Driving Instructors) Regulations 2020, for "Head, Transport for Victoria" substitute "Safe Transport Victoria".

(2)In regulation 7 of the Road Safety (Driving Instructors) Regulations 2020, for "the Head, Transport for Victoria" (where twice occurring) substitute "Safe Transport Victoria".

7Safe Transport Victoria must issue holder's identity photograph

(1)In the heading to regulation 8 of the Road Safety (Driving Instructors) Regulations 2020, for "Head, Transport for Victoria" substitute "Safe Transport Victoria".

(2)In regulation 8(1) of the Road Safety (Driving Instructors) Regulations 2020, for "the Head, Transport for Victoria" substitute "Safe Transport Victoria".

8Return of authority and identity photograph upon cancellation

In regulation 10 of the Road Safety (Driving Instructors) Regulations 2020, for "the Head, Transport for Victoria" substitute "Safe Transport Victoria".

9Replacement of authority or identity photograph

In regulation 11 of the Road Safety (Driving Instructors) Regulations 2020, for "the Head, Transport for Victoria" substitute "Safe Transport Victoria".

10Conditions on authority

(1)In regulation 12(1) of the Road Safety (Driving Instructors) Regulations 2020, for "The Head, Transport for Victoria" substitute "Safe Transport Victoria".

(2)In regulation 12(2) of the Road Safety (Driving Instructors) Regulations 2020, for "the Head, Transport for Victoria" (wherever occurring) substitute "Safe Transport Victoria".

(3)In regulation 12(3) of the Road Safety (Driving Instructors) Regulations 2020—

(a)for "The Head, Transport for Victoria" substitute "Safe Transport Victoria";

(b)for "the Head, Transport for Victoria" substitute "Safe Transport Victoria".

11Safe Transport Victoria may authorise persons

(1)In the heading to regulation 16 of the Road Safety (Driving Instructors) Regulations 2020, for "Head, Transport for Victoria" substitute "Safe Transport Victoria".

(2)In regulation 16(1) of the Road Safety (Driving Instructors) Regulations 2020, for "The Head, Transport for Victoria" substitute "Safe Transport Victoria".

12Change of medical condition or information

In regulation 18 of the Road Safety (Driving Instructors) Regulations 2020—

(a)in subregulation (1), for "the Head, Transport for Victoria" substitute "Safe Transport Victoria";

(b)in subregulation (2), for "the Head, Transport for Victoria" (where twice occurring) substitute "Safe Transport Victoria".

13Working with children assessment notice

In regulation 19 of the Road Safety (Driving Instructors) Regulations 2020, for "the Head, Transport for Victoria" substitute "Safe Transport Victoria".

PART 3—AMENDMENT OF ROAD SAFETY (GENERAL) REGULATIONS 2019

14Regulations 40AA and 40AAB revoked

Regulations 40AA and 40AAB of the Road Safety (General) Regulations 2019[2] are revoked.

15Schedule 7 amended

(1)In item 42 of Schedule 7 to the Road Safety (General) Regulations 2019, in column 3, for "74(1)(b), (c), (d), 75(1)(a), (b)" substitute "74(1), 75(1)".

(2)In item 45 of Schedule 7 to the Road Safety (General) Regulations 2019, in column 3, for "74(1)(a), (c), 75(1)(b), (c), (d)" substitute "74(1), 75(1)".

(3)In item 251 of Schedule 7 to the Road Safety (General) Regulations 2019, in column 5, after "passenger" insert "of a bicycle".

(4)After item 251 of Schedule 7 to the Road Safety (General) Regulations 2019 insert—

"251A 4484 RR 256(1) 1×25 penalty units Rider of an electric scooter failing to wear securely fitted approved bicycle helmet".

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ENDNOTES

[1] Reg. 4: S.R. No. 7/2020.

[2] Reg. 14: S.R. No. 88/2019 as amended by S.R. Nos 104/2019, 172/2019, 105/2020, 123/2020, 36/2021, 121/2021, 136/2021, 19/2022, 31/2022, 47/2022, 106/2022, 8/2023, 23/2023 and 67/2023.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 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.