Road Safety (Further Amendment) Act 2001 (Vic)

Road Safety (Further Amendment) Act 2001

Act No. 92/2001

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Purposes of Principal Act	2
5.	Definitions	3
6.	New sections 3AA and 3AB inserted	3

3AA.	Circumstances in which person is to be taken to be in
charge of a motor vehicle 4
3AB.	Circumstances in which person is to be taken to be
driving a motor vehicle 4

7.	Functions and powers of Corporation	5
8.	Registration and renewal of registration	6
9.	Seizure of number plates	6
10.	New Division 3 inserted in Part 2	7
Division 3—Written-off Vehicles	7

16A.	Purposes of Division	7
16B.	Definitions	7
16C.	When is a vehicle written off?	11
16D.	Register of written-off vehicles	12
16E.	Appeals regarding written-off vehicle registration	13
16F.	Prohibition on registration of vehicles that have
written-off vehicle identifiers	14

11.	Learner permits	15
12.	Demerit points for certain drink-driving offences	15
13.	Circumstances in which a person is in charge of a motor
vehicle for the purposes of Part 5	16
14.	Restriction on exercise of court discretion not to cancel a
licence or permit	16
15.	Application for re-licensing	17
16.	Breath analysis	17
17.	General duty of person in charge of motor vehicle	17
18.	Holder of number plates to be taken to be vehicle owner for
certain purposes	18
19.	Offences to be detected by photographic devices	22

i

Section Page

20. New section 81 substituted 23

81.          Certain matters indicated by speed cameras are sufficient

evidence 23

21.	Evidence of testing and sealing	24
22.	New section 83A inserted	24

83A. Evidence relating to prescribed detection devices 24

23.	General evidentiary provisions	25
24.	Payment of penalty	27

25.      Cancellation of licence or permit for drink-driving infringements 27

26.	Disclosure of information 28
27.	Application of A.C.T. charges 28
28.	New section 103A inserted 29

103A. Transitional provisions—Road Safety (Further

Amendment) Act 2001 29

29.	Subject-matter for regulations	30
30.	Amendment of Chattel Securities Act 1987	30
31.	Amendment of Magistrates' Court Act 1989	31
32.	Amendment of Melbourne City Link Act 1995	31
33.	Amendment of Road Safety (Alcohol and Drugs
Enforcement Measures) Act 2001	34
34.	Statute law revision	35

═══════════════

ENDNOTES 36

ii

Victoria

No. 92 of 2001

Road Safety (Further Amendment) Act

2001†

[Assented to 11 December 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the

Road Safety Act 1986 so as to—

(a)	provide for the establishment of a register of written-off vehicles;
(b)	make changes to the penalties for drink- driving offences;
(c)	enable a breath sample to be furnished for analysis in any place or vehicle;

Road Safety (Further Amendment) Act 2001

Act No. 92/2001 s. 2

(d)	define circumstances in which a person is to be taken to be in charge of, or driving, a motor vehicle and impose new duties on the person in charge;
(e)	provide for the seizure of number plates in certain circumstances;
(f)	make other miscellaneous amendments to that Act.

2. Commencement

(1) Sections 1, 3, 13(4), 27, 33, 34 and this section come into operation on the day after the day on which this Act receives the Royal Assent.

(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 July 2002, it
comes into operation on that day.

3. Principal Act

See:

In this Act, the Road Safety Act 1986 is called	Act No.
the Principal Act.	127/1986. Reprint No. 6
as at 1 December
2000 and
amending
Act Nos
19/1991,
89/1991, 79/2000,
4/2001, 23/2001 and
54/2001. LawToday:
dpc.vic.
gov.au

4. Purposes of Principal Act

Road Safety (Further Amendment) Act 2001

s. 4 Act No. 92/2001

In section 1 of the Principal Act, after
paragraph (b) insert—

"(c) to prevent the rebirthing of stolen vehicles;

and".

5. Definitions

(1) In section 3(1) of the Principal Act insert the

following definitions—
' "accompanying licensed driver" means a

person, other than a commercial driving instructor acting as such, who is sitting beside a person, who is driving a motor vehicle for which that person does not hold

an appropriate driver licence, for the purpose of enabling that person lawfully to drive that motor vehicle on a highway;

"commercial driving instructor" 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 of a
kind described in section 33(3), for which
that person does not hold an appropriate
driver licence, to drive that motor vehicle on

a highway;'.

(2) In section 3(1) of the Principal Act, in the

definition of "accompanying driver offence" for
"48(1AAA)" substitute "3AA(1)(d)".

(3) In section 3(1) of the Principal Act insert the

following definitions—
' "register of written-off vehicles" means the

register of written-off vehicles required by

section 16D;

"written-off vehicle" has the meaning given in

section 16B.'.

6. New sections 3AA and 3AB inserted

Road Safety (Further Amendment) Act 2001

Act No. 92/2001 s. 6

After section 3 of the Principal Act insert—

"3AA. Circumstances in which person is to be
taken to be in charge of a motor vehicle

(1) Without limiting the circumstances in which a person is in charge of a motor vehicle, the following persons are to be taken to be in

charge of a motor vehicle for the purposes of

this Act—

(a)	a person who is attempting to start or drive the motor vehicle;
(b)

a person with respect to whom there are he or she intends to start or drive the motor vehicle;

(c) a commercial driving instructor while the person whom he or she is teaching to drive is driving or in charge of the

vehicle;

(d) an accompanying licensed driver while the person whom he or she is sitting beside is driving or in charge of the vehicle.

(2) Sub-section (1)(c) or (d) does not affect any

liability of the person being taught or
accompanied for any offence committed by
that person while driving or being in charge
of the motor vehicle.

3AB. Circumstances in which person is to be taken to be driving a motor vehicle

Without limiting the circumstances in which a person is driving a motor vehicle, a person who is steering a motor vehicle which is

being towed by another motor vehicle is to
be taken to be driving the towed motor
vehicle for the purposes of this Act, whether

Road Safety (Further Amendment) Act 2001

s. 7 Act No. 92/2001

or not the towed motor vehicle has any other
means of propulsion and whether or not the
person steering it has any control over its

means of propulsion.".

7. Functions and powers of Corporation

In the Principal Act—

(a) in section 5AA, after paragraph (b) insert— "(ba) to maintain a register of written-off

vehicles in accordance with the

regulations; and";

(b)

in section 5AB(1), after paragraph (f) "(fa) enter or refuse to enter a vehicle on the

register of written-off vehicles; and (fb) amend or refuse to amend an entry on

the register of written-off vehicles; and (fc) remove or refuse to remove an entry

from the register of written-off

vehicles; and";

(c)	in section 5AB(1)(g), after "fees" insert "(including fees in relation to the register of written-off vehicles)";
(d)

in section 5AB(1), for paragraph (k) "(k) fix fees for services provided by the

Corporation in connection with—

(i)

the registration, or the late vehicles or trailers;

(ii)

the issue of number plates, certificates of roadworthiness;

Road Safety (Further Amendment) Act 2001

Act No. 92/2001	s. 8
(iii)	register of written-off vehicles, the amendment, removal and inspection of entries and the issuing of certificates in relation

the entry of vehicles on the and".

8. Registration and renewal of registration

At the foot of section 9(1) of the Principal Act insert—

"Note: Section 16F contains prohibitions on registration and

renewal of registration in respect of written-off
vehicles.".

9. Seizure of number plates

In section 16 of the Principal Act, after sub- section (1) insert—

"(1A) A member of the police force, or an officer of the Corporation authorised by the section, may take possession of any number plate displayed on a motor vehicle or trailer which the member has reasonable grounds for suspecting—

(a)	does not bear the registration number last assigned to that motor vehicle or trailer by the Corporation; or
(b)	is displayed on a motor vehicle or trailer—

(i)

that is not registered under Part 2 under the regulations; and

(ii)

in relation to which the period the vehicle may be renewed in

Road Safety (Further Amendment) Act 2001

s. 10 Act No. 92/2001

accordance with the regulations

has expired—

and may return it to the Corporation or retain
it until the member is satisfied that
circumstances exist that allow it to be used
without being subject to being taken

possession of under this sub-section.".

10. New Division 3 inserted in Part 2

After Division 2 of Part 2 of the Principal Act insert—

'Division 3—Written-off Vehicles 16A. Purposes of Division

The purposes of this Division are—

(a) by preventing vehicle information
about written-off vehicles, particularly

to curtail trade in stolen motor vehicles register stolen motor vehicles;

(b)	to facilitate inspections of written-off vehicles that have been repaired;
(c)	prospective purchasers about whether a

to make information available to written off.

16B. Definitions

In this Division—
"insurer" means a person who carries on

the business of insuring motor vehicles and includes any other person, or class of person, declared to be an insurer by the regulations;

Road Safety (Further Amendment) Act 2001
Act No. 92/2001

"interstate written-off vehicles register"

means a register kept under a law of
another State or of a Territory that
corresponds to the register required by
section 16D;

"late model vehicle" means a motor vehicle

that is not more than 15 years old (age
being determined by the date of
manufacture);

"motor wrecker" means a person who

carries on the business of—

(a)	demolishing or dismantling motor vehicles or parts of, or accessories for, motor vehicles; or
(b)	buying motor vehicles and substantially demolished or dismantled motor vehicles and
selling substantially demolished or dismantled motor vehicles (whether or not the person also sells parts of, or accessories for, motor vehicles);

"repairable write-off" means a motor

vehicle that is written off but is not a

statutory write-off;

"self-insurer" means a corporation or

partnership that owns 5 or more late

model vehicles—

(a)

that are registered under registered for use on a highway by a registration authority in another State or a Territory; and

(b) in respect of which there is no insurance policy with an insurer

Road Safety (Further Amendment) Act 2001

s. 10 Act No. 92/2001

covering loss or damage of each

vehicle;

"statutory write-off" means a motor

vehicle that is written off and is—

(a) motor cycle) that has been
damaged by at least 3 of the

a motor vehicle (other than a indicators—

(i) equal to or exceeding

damage to an area of the roof 300 millimetres; or

(ii) cabin floor pan equal to or

damage to an area of the by 300 millimetres; or

(iii) firewall equal to or

damage to an area of the by 300 millimetres; or

(iv)	any damage to the suspension; or
(v)	damage (cracked or broken) to major mechanical components such as the engine block and transmission casings; or

(b) damage (excluding scratching) to

a motor cycle that has impact of structural frame damage; or

(c) a motor vehicle (other than a motor cycle) that has been—

Road Safety (Further Amendment) Act 2001

Act No. 92/2001 s. 10

(i)

immersed in salt water above period; or

(ii)  immersed in fresh water up to the dashboard or steering wheel for more than

48 hours; or

(d) a motor cycle that has been—

(i)  fully immersed in salt water for any period; or

(ii)  fully immersed in fresh water for more than 48 hours; or

(e)	a motor vehicle that has been burnt to such an extent that it is only fit for wrecking or scrap; or
(f)	a motor vehicle that has been stripped of all, or a combination of most, interior and exterior body parts, panels and components;

Examples

Examples of interior and exterior body parts, panels and components of a motor vehicle are the engine, wheels, bonnet, guards, doors and boot lid.

"vehicle identifier", in relation to a motor vehicle, means—

(a) manufactured before 1 January
1989, the number quoted on the
compliance plate that uniquely
identifies the vehicle and sets it
apart from similar vehicles and

in the case of a motor vehicle identification number of the

Road Safety (Further Amendment) Act 2001

s. 10 Act No. 92/2001

vehicle that is permanently
recorded elsewhere on the vehicle;

or

(b) identification number (or "VIN")
marked on the motor vehicle in
accordance with clause 58 of
Schedule 8 to the Road Safety
(Vehicles) Regulations 1999 or in
accordance with a law of another

in any other case, the vehicle corresponds with that clause;

"written-off vehicle" means—

(a) a statutory write-off; or

(b) a repairable write-off.

16C. When is a vehicle written off?

(1) For the purposes of this Division, a motor vehicle is written off if—

(a)

the vehicle has been damaged by or other event or circumstances; and

(b)	the insurer or self-insurer of the vehicle or, if there is no insurer or self-insurer, the registered operator of the vehicle
makes a determination that the extent of the damage is such that the vehicle's fair salvage value plus the cost of repairing it for use on a road or road related area would be more than its fair market value immediately before the event or circumstances that caused the damage.

Road Safety (Further Amendment) Act 2001

Act No. 92/2001 s. 10

(2) An insurer of a vehicle referred to in sub-

section (1)(a) is taken to have made a
determination under sub-section (1)(b) if the
insurer—

(a) allows a claim for the full insured value of the vehicle; or

(b) disposes of the vehicle to a third party.

(3) A self-insurer of a vehicle referred to in sub-

section (1)(a) is taken to have made a
determination under sub-section (1)(b) if the
self-insurer disposes of the vehicle to a third
party.

(4) A registered operator of a vehicle referred to in sub-section (1)(a) is taken to have made a determination under sub-section (1)(b) if the registered operator disposes of the vehicle to a motor wrecker.

(5) Nothing in sub-section (2), (3) or (4) limits the circumstances in which an insurer, self- insurer or registered operator may be taken to have made a determination referred to in sub-section (1)(b).

16D. Register of written-off vehicles

(1) The Corporation must maintain a register of

written-off vehicles in accordance with the
regulations.

(2) Entries on the register of written-off vehicles may be made, amended and removed only in accordance with the regulations.

(3) The Corporation must ensure that a person

who notifies the Corporation of a written-off
vehicle, or who applies for an entry on the
register of written-off vehicles to be
amended or removed, is informed at the time
of notification or application (as the case

Road Safety (Further Amendment) Act 2001

s. 10 Act No. 92/2001

requires) that any information given or
document submitted in connection with the
notification or application, or a copy of such
a document, may be disclosed or used for
investigation, law enforcement and other

purposes in accordance with section 92.

16E. Appeals regarding written-off vehicle

registration

(1) If the Corporation decides to—

(a)	refuse to enter a vehicle on the register of written-off vehicles; or
(b)	refuse to amend an entry on the register of written-off vehicles; or
(c)	refuse to remove an entry from the register of written-off vehicles—

a person referred to in sub-section (2) may regulations.

appeal against that decision to the

(2) An appeal may be made under sub-section

(1) by—

(a) the owner of the vehicle; or

(b)	a person who notified the Corporation that the vehicle was a written-off vehicle; or
(c)	a person who applied for the entry to be amended or removed.

(3) On an appeal under sub-section (1), the court

must—

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

Road Safety (Further Amendment) Act 2001

Act No. 92/2001	s. 10
(c)

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

(4) The Corporation must give effect to the decision of the Magistrates' Court on an appeal.

16F. Prohibition on registration of vehicles that have written-off vehicle identifiers

(1) The Corporation must not register, or renew

the registration of, a vehicle under Division 2
if its vehicle identifier is the same as the
vehicle identifier of a vehicle that is entered
on the register of written-off vehicles as a
statutory write-off.

(2) The Corporation must not register, or renew

the registration of, a vehicle under Division 2
if—

(a)	its vehicle identifier is the same as the vehicle identifier of a vehicle that is entered on an interstate written-off vehicles register as a statutory write- off; and
(b)	the Corporation knows of the entry on the interstate register.

(3) The Corporation must not register, or renew

the registration of, a vehicle under Division 2
if its vehicle identifier is the same as the
vehicle identifier of a vehicle that is entered
on the register of written-off vehicles as a
repairable write-off except as permitted by
the regulations.

(4) The Corporation must not register, or renew

the registration of, a vehicle under Division 2
if—

Road Safety (Further Amendment) Act 2001

s. 11 Act No. 92/2001

(a)	its vehicle identifier is the same as the vehicle identifier of a vehicle that is entered on an interstate written-off vehicles register as a repairable write- off; and
(b)	the Corporation knows of the entry on the interstate register—

except as permitted by the regulations.'.

11. Learner permits

In section 22(2)(a) of the Principal Act, for

"17 years and 9 months" substitute "18 years".

12. Demerit points for certain drink-driving offences

In section 25 of the Principal Act, after sub-section (2) insert—

"(2A) Without limiting sub-section (2), the

Corporation must, in respect of the day on which the offence is alleged to have been committed, record 10 demerit points against

a person—

(a) who is found guilty of an offence under section 49(1)(b), (f) or (g) but the court does not record a conviction and, in

accordance with section 50(1AB), does not cancel the person's driver licence or permit; or

(b) offence under section 49(1)(b), (f) or
(g) in circumstances in which

who is convicted or found guilty of an not cancel the person's driver licence or permit; or

(c) to whom a traffic infringement notice has been issued in respect of a drink- driving infringement if—

Road Safety (Further Amendment) Act 2001

Act No. 92/2001 s. 13

(i)  no notice of objection to the infringement notice has been given and the 28 day period

referred to in section 89C has
expired; and

(ii)  the person's driver licence or permit is not cancelled by force of section 89C(1).

(2B) Nothing in sub-section (2A) prevents regulations being made under a power conferred by this Act that make provision to

the same effect as that sub-section.".

13.  Circumstances in which a person is in charge of a motor vehicle for the purposes of Part 5

(1) In section 28(5) of the Principal Act, after

"charge" insert "(within the meaning of Part 5)".

(2) In section 48(1)(b) of the Principal Act, for

"attempting to start or drive the motor vehicle or unless there are reasonable grounds for the belief that that person intends to start or drive the motor vehicle" substitute "a person to whom
section 3AA(1)(a), (b), (c) or (d) applies".

(3) In section 48 of the Principal Act, sub-sections (1AA), (1AAA) and (1AB) are repealed.

See:

(4) In section 16(1) of the Road Safety (Further Amendment) Act 1991, in proposed	Act No.
89/1991 and

section 89C(1A) of the Road Safety Act 1986,	amending
after "charge" insert "(within the meaning of	Act No.
Part 5)".	23/2001.

14.  Restriction on exercise of court discretion not to cancel a licence or permit

Road Safety (Further Amendment) Act 2001

s. 14 Act No. 92/2001

In section 50(1AB)(b) of the Principal Act, for

"0·10" substitute "0·07".

15. Application for re-licensing

(1) In section 50(4) of the Principal Act—

(a)

for "to the Chief Commissioner of Police and the venue of the Court at which it is to be made to the Chief Commissioner of Police and the appropriate registrar of the Court";

(b)

for "venue of the Magistrates' Court regulations" substitute "Magistrates' Court".

16. Breath analysis

(1) In section 55(1) and (2) of the Principal Act, for

"a police station or other place" substitute "a
place or vehicle".

(2) At the foot of section 55(1) and (2) of the

Principal Act insert—
"Example

A person may be required to go to a police station, a public building, a booze bus or a police car to furnish a sample of breath.".

17. General duty of person in charge of motor vehicle

(1) In section 59(1) of the Principal Act, after "driver"

(where first occurring) insert "or person in
charge".

(2) In section 59(1)(d) of the Principal Act, after

"driver" insert "or person in charge of the motor
vehicle".

(3) In section 59(4) of the Principal Act—

(a) after "driver" (where first occurring) insert "or person in charge of a motor vehicle";

Road Safety (Further Amendment) Act 2001

Act No. 92/2001 s. 18

(b) in paragraph (b), after "driver" insert "or person in charge".

(4) In section 59(5) of the Principal Act, after

"driving" insert "or in charge of".

(5) In section 59(6) of the Principal Act—

(a)	after "driver" (where first occurring) insert "or person in charge of a motor vehicle";
(b)	after "driver" (where secondly occurring) insert "or person in charge".

(6) In section 59(7) of the Principal Act, after "driver"

insert "or person in charge of the motor vehicle". (7) In section 59(8) of the Principal Act—

(a)	after "driver" (where first occurring) insert "or person in charge of a motor vehicle";
(b)	in paragraph (a), after "driver" insert "or person in charge".

18.  Holder of number plates to be taken to be vehicle owner for certain purposes

(1) In section 60 of the Principal Act, for sub-

section (3) substitute—

"(3) For the purposes of this section "owner"

means—

(a)	the owner or the person in whose name the motor vehicle was registered at the time when the vehicle was being driven
by the person about whom the information is sought or at the time when the requirement is made; or
(b)	any person who had possession or control of the vehicle at either of those times; or

Road Safety (Further Amendment) Act 2001

s. 18 Act No. 92/2001

(c) if the motor vehicle displayed a number plate at either of those times—

(i)  the person who, at the time at which the registration number borne by that number plate was

last assigned by the Corporation or the corresponding body under a corresponding Act, was the person in whose name the motor vehicle, to which that registration number was assigned, was registered under this Act or a corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth, whether or not that motor vehicle is the same as the motor vehicle about which information is sought; or

(ii)

disclosed in the records kept by the Corporation or the corresponding body under a corresponding Act as being

the person whose name is possess that number plate at the time when the vehicle was being driven by the person about whom the information is sought or at the time when the requirement is made.".

(2) In section 60A of the Principal Act, for

sub-section (3) substitute—

"(3) For the purposes of this section "owner"

means—

Road Safety (Further Amendment) Act 2001

Act No. 92/2001 s. 18

(a)	the owner or the person in whose name the trailer was registered at the time when the trailer was attached to the motor vehicle that was being driven by the person about whom the information is sought or at the time when the requirement is made; or
(b)	any person who had possession or control of the trailer at either of those times; or
(c)	if the trailer displayed a number plate at either of those times—

(i)  the person who, at the time at which the registration number borne by that number plate was

last assigned by the Corporation or the corresponding body under a corresponding Act, was the person in whose name the trailer, to which that registration number was assigned, was registered under this Act or a corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth, whether or not that trailer is the same as the trailer about which information is sought; or
(ii)	disclosed in the records kept by the Corporation or the corresponding body under a

the person whose name is entitled, or last entitled, to use or

Road Safety (Further Amendment) Act 2001

s. 18

s. 18 Act No. 92/2001

possess that number plate at the
time when the trailer was attached
to the motor vehicle that was
being driven by the person about
whom the information is sought or
at the time when the requirement
is made.".

(3) In section 66(1) of the Principal Act, after "stolen

motor vehicle" insert "or that the number plates
displayed on the motor vehicle were stolen".

(4) In section 66(5) of the Principal Act, after

paragraph (c) insert—
"(ca) if the motor vehicle displays a number

plate—

(i) registration number borne by that
number plate was last assigned by the
Corporation or the corresponding body
under a corresponding Act, was the
person in whose name the motor
vehicle, to which that registration

the person who, at the time at which the under this Act or a corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth, whether or not that motor vehicle is the same as the motor vehicle involved in the offence; or

(ii)  the person whose name is disclosed in the records kept by the Corporation or the corresponding body under a

corresponding Act as being entitled, or
last entitled, to use or possess that
number plate at the time of the offence;
or".

Road Safety (Further Amendment) Act 2001

Act No. 92/2001 s. 19

(5) In section 85 of the Principal Act, in the definition

of "owner", after paragraph (c) insert—

"(ca) if the motor vehicle displays a number

plate—

(i) registration number borne by that
number plate was last assigned by the
Corporation or the corresponding body
under a corresponding Act, was the
person in whose name the motor
vehicle, to which that registration

the person who, at the time at which the under this Act or a corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth, whether or not that motor vehicle is the same as the motor vehicle involved in the offence; or

(ii)  the person whose name is disclosed in the records kept by the Corporation or the corresponding body under a

corresponding Act as being entitled, or
last entitled, to use or possess that
number plate at the time of the offence;
or".

(6) In section 86(1) of the Principal Act, after "stolen

vehicle" insert "or that the number plates
displayed on the vehicle were stolen".

19. Offences to be detected by photographic devices

In section 66 of the Principal Act, after sub-section (2) insert—

"(2A) Despite anything to the contrary in sub-

section (2), the payment of a penalty or the recording of demerit points in respect of a prescribed offence—

Road Safety (Further Amendment) Act 2001

Act No. 92/2001

(a) may be recorded for the purposes of a heavy vehicle registration suspension scheme within the meaning of

section 89(7); and

(b) does not prevent the suspension of the registration of a heavy vehicle under that scheme.".

20. New section 81 substituted

For section 81 of the Principal Act substitute—

"81. Certain matters indicated by speed cameras

are sufficient evidence

(1) If in proceedings for an offence to which

section 66 applies the speed at which a motor vehicle travelled on any occasion is relevant, evidence of the speed of the motor vehicle as indicated or determined on that occasion

by—

(a) a detection device prescribed for the purposes of section 66 when tested, sealed and used in the prescribed

manner; or

(b)	an image or message produced by a detection device prescribed for the purposes of section 66 when tested, sealed and used in the prescribed manner; or
(c)	an image or message produced by a prescribed process when used in the prescribed manner—

is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of the motor

vehicle on that occasion.

Road Safety (Further Amendment) Act 2001

s. 21
s. 23

Act No. 92/2001

(2) If in proceedings for an offence to which

section 66 applies the speed limit at the time and place at which a motor vehicle travelled on any occasion is relevant, evidence of the speed limit at that time and place as
indicated or determined on that occasion by
an image or message produced by a
prescribed process when used in the
prescribed manner is, without prejudice to
any other mode of proof and in the absence
of evidence to the contrary, proof of the

speed limit on that occasion.".

21. Evidence of testing and sealing

In section 83 of the Principal Act, omit ", 81".

22. New section 83A inserted

After section 83 of the Principal Act insert—

'83A. Evidence relating to prescribed detection

devices

(1) A certificate in the prescribed form

purporting to be issued by an authorised

person certifying—

(a) that a prescribed detection device for the purposes of section 66 was tested, sealed or used in the prescribed

manner; or

(b)	that an image or message described in the certificate was produced by a detection device prescribed for the purposes of section 66 or by a prescribed process; or
(c)	as to any other matter that appears in, or that can be determined from, the records kept in relation to the detection

Road Safety (Further Amendment) Act 2001

s. 23	Act No. 92/2001
device or the prescribed process by the police force of Victoria—

is admissible in evidence in any proceedings
and, in the absence of evidence to the
contrary, is proof of the matters stated in the
certificate.

(2) In this section "authorised person" means a

person authorised for the purposes of this
section by the Chief Commissioner of
Police.'.

23. General evidentiary provisions

(1) In section 84(1) of the Principal Act, after

"Department of Infrastructure" (where first occurring) insert "or an authorised person".

(2) In section 84(2) of the Principal Act, after

paragraph (a) insert—

"(ab) the registration number assigned to a motor

vehicle or trailer; or

(ac) the person who is entitled to use or possess a number plate bearing a particular registration number; or".

(3) In section 84 of the Principal Act, after

sub-section (4) insert—

"(4A) A certificate containing the prescribed

particulars purporting to be issued by the
Corporation or the Department of
Infrastructure or an authorised person
certifying that on a particular date—

(a)

a particular registration number was or trailer; or

(b) a particular person was entitled to use or possess a number plate bearing a particular registration number—

Road Safety (Further Amendment) Act 2001

Act No. 92/2001

is admissible in evidence in any proceedings
and, in the absence of evidence to the
contrary, is proof that on that date that
registration number was assigned to that
motor vehicle or trailer or that person was
entitled to use or possess that number plate,

as the case requires.

(4B) A certificate or document which purports to

have been issued under any Act of the Commonwealth or of another State or Territory of the Commonwealth
corresponding to this Act certifying that on a

particular date—

(a)

a particular registration number was to a particular motor vehicle or trailer; or

(b) a particular person was entitled under the corresponding Act to use or possess a number plate bearing a particular registration number—

is admissible in evidence in any proceedings
and, in the absence of evidence to the
contrary, is proof that on that date that
registration number was assigned to that
motor vehicle or trailer or that person was
entitled to use or possess that number plate,
as the case requires.".

(4) In section 84(7) of the Principal Act, after

paragraph (c) insert—
"(ca) a number plate bearing a registration number

displayed on a motor vehicle involved in the offence is, in the absence of evidence to the contrary, proof that the motor vehicle
involved in the offence was the motor
vehicle to which that registration number

Road Safety (Further Amendment) Act 2001

s. 24 Act No. 92/2001

was assigned at the date and time of the

offence; or".

(5) In section 84 of the Principal Act, after

sub-section (7) insert—
'(8) In this section—

"authorised person" means a person who is

authorised or who is the holder of a
position authorised for the purposes of
this section by the Corporation.'.

24. Payment of penalty

In section 89 of the Principal Act, after
sub-section (5) insert—
"(6) Despite anything to the contrary in this

section, the fact that payment of a penalty was made or a conviction was imposed by the court in respect of an infringement for which an infringement notice was served—

(a)	may be recorded for the purposes of a heavy vehicle registration suspension scheme; and
(b)	does not prevent the suspension of the registration of a heavy vehicle under that scheme.

(7) In sub-section (6) a heavy vehicle

registration suspension scheme is a scheme established under the regulations permitting the suspension of the registration of heavy
vehicles for speeding offences and includes
any corresponding scheme established under
the Interstate Road Transport Act 1985 of
the Commonwealth or under an Act of
another State or Territory.".

25.  Cancellation of licence or permit for drink-driving infringements

Road Safety (Further Amendment) Act 2001

s. 25
s. 27

Act No. 92/2001

In section 89C(1) of the Principal Act, for
paragraph (a) substitute—

"(a) the blood alcohol concentration specified in

the notice is—

(i)  0·05 grams per 100 millilitres of blood or more, if section 52 applies to the person; or

(ii)  0·07 grams per 100 millilitres of blood or more, in any other case; and".

26. Disclosure of information

In section 92 of the Principal Act, after sub- section (2) insert—

"(2A) Sub-section (2) does not prevent the

disclosure or use of the following

information—

(a)	the fact that a vehicle is or has been entered on the register of written-off vehicles;
(b)	the date on which, or the period during which, a vehicle was entered on the register of written-off vehicles;
(c)	any information entered in, or derived from, the register of written-off vehicles that relates to the nature or extent of damage to any vehicle;
(d)	any other information entered in, or derived from, the register of written-off vehicles that is of a kind prescribed by the regulations.".

27. Application of A.C.T. charges

In section 95A(2) of the Principal Act—

(a) in paragraph (a), omit "(except Division 3)";

Road Safety (Further Amendment) Act 2001

Act No. 92/2001

(b) paragraph (b) is repealed;

(c) in paragraph (c), for "referred to in section 2(b) of the Commonwealth Act" substitute "to which section 2(2) of the Commonwealth Act applies".

28. New section 103A inserted

After section 103 of the Principal Act insert—

"103A. Transitional provisions—Road Safety (Further Amendment) Act 2001

(1) The amendment of section 22(2)(a) made by

section 11 of the Road Safety (Further respect to learner permits granted after the commencement of that section of that Act.

(2) The amendment of section 50(1AB)(b) made

by section 14 of the Road Safety (Further offences alleged to have been committed on or after the commencement of that section of that Act.

(3) For the purposes of sub-section (2), if an

between two dates, one before and one after
the commencement of section 14 of the

offence is alleged to have been committed 2001, the offence is alleged to have been committed before the commencement of that section.

(4) The amendment of section 89C(1) made by

section 25 of the Road Safety (Further infringement notice issued in respect of a drink-driving infringement on or after the

Road Safety (Further Amendment) Act 2001

Act No. 92/2001 s. 29

commencement of that section of that Act, irrespective of when the infringement was committed.".

29. Subject-matter for regulations

(1) In Schedule 2 to the Principal Act—

(a)	in item 12, after "trailers" insert "and requiring the Corporation to be notified of written-off vehicles";
(b)	in item 13, after "trailers" insert "or of written-off vehicles";

(2) In Schedule 2 to the Principal Act, after item 16B

insert—

"16C. Requirements to be complied with before a vehicle

may be entered on the register of written-off vehicles and procedures for making or refusing to make entries on that register.

16D. Requirements to be complied with before an

amendment may be made to the register of written-off
vehicles and procedures for amending or refusing to
amend that register.

16E. Requirements to be complied with before an entry

may be removed from the register of written-off
vehicles and procedures for removing or refusing to
remove an entry from that register.

16F. The placing or affixing of labels, notices or other

marks on written-off vehicles, the requirements to be
complied with in relation to displaying or affixing
those labels, notices or marks and their removal.".

(3) In Schedule 2 to the Principal Act, after item 39A

insert—

"39B. Requiring the fitting and use of devices to limit the speed of a specified class of heavy vehicles.

39C. Requiring an owner of a heavy vehicle required to be fitted with a speed limiting device to demonstrate that the device is operating properly.".

30. Amendment of Chattel Securities Act 1987

Road Safety (Further Amendment) Act 2001

s. 30	Act No. 92/2001
See:	In section 13(1)(a) and (b) of the Chattel
Act No.
15/1987.	Securities Act 1987, after "that Act" insert "or
Reprint No. 2	that are written-off vehicles within the meaning of
as at
1 July 1999	that Act".
and amending Act Nos 99/2000 and 44/2001. LawToday: dpc.vic. gov.au

31. Amendment of Magistrates' Court Act 1989

See:

Act No.	In Schedule 7 to the Magistrates' Court Act
51/1989.	1989, after clause 9(2) insert—
Reprint No. 7
as at	"(3) Despite anything to the contrary in this clause, the
1 June 2001	making of an enforcement order in relation to an
and
amending	offence which is a traffic infringement within the
Act Nos	meaning of the Road Safety Act 1986 does not
92/2000,	prevent the incurring of demerit points under
99/2000,	section 25 of that Act in relation to that infringement.
32/2001,
44/2001 and	(4) Despite anything to the contrary in this clause, the
45/2001.	making of an enforcement order—
LawToday:
(a) may be recorded for the purposes of a heavy
dpc.vic.	vehicle registration suspension scheme within
gov.au	the meaning of section 89(7) of the Road Safety Act 1986; and

(b) does not prevent the suspension of the registration of a vehicle under that scheme.".

32. Amendment of Melbourne City Link Act 1995

Road Safety (Further Amendment) Act 2001

Act No. 92/2001 s. 32

(1) In section 69 of the Melbourne City Link Act 1995, in the definition of "owner", after	See: Act No.
107/1995.

paragraph (c) insert—	Reprint No. 3 as at
"(ca) if the vehicle displays a number plate—	1 July 1999 and

(i) the person who, at the time at which the registration number borne by that	amending Act Nos
4/2000,
number plate was last assigned by the	69/2000, 74/2000,
Roads Corporation or the	81/2000,
corresponding body under a	32/2001 and 54/2001.
corresponding Act, was the person in	LawToday:
whose name the motor vehicle, to	dpc.vic.
which that registration number was	gov.au
Road Safety Act 1986 or a corresponding Act of the
assigned, was registered under the Territory of the Commonwealth, whether or not that vehicle is the same as the vehicle involved in the offence; or

(ii)  the person whose name is disclosed in the records kept by the Roads Corporation or the corresponding body under a corresponding Act as being entitled, or last entitled, to use or possess that number plate at the time of the offence; or".

(2) In section 72(3) of the Melbourne City Link Act 1995, at the end of paragraph (b) insert—

"; or

(c) a statement that the number plates displayed on the vehicle at the relevant time were stolen.".

(3) In section 87(1) of the Melbourne City Link Act 1995, after "stolen vehicle" insert "or that the

Road Safety (Further Amendment) Act 2001

s. 32 Act No. 92/2001

number plates displayed on the vehicle were
stolen".

(4) In section 89(2) of the Melbourne City Link Act 1995, after "Department of Infrastructure" insert "or an authorised person".

(5) In section 89 of the Melbourne City Link Act 1995, after sub-section (3) insert—

"(3A) A certificate containing the prescribed

particulars purporting to be issued by the Roads Corporation or the Department of Infrastructure or an authorised person

certifying that on a particular date—

(a)	a particular registration number was assigned to a particular vehicle; or
(b)	a particular person was entitled, or last entitled, to use or possess a number plate bearing a particular registration number—

is admissible in evidence in any proceedings
and, in the absence of evidence to the
contrary, is proof that on that date that
registration number was assigned to that
vehicle or that person was entitled, or last
entitled, to use or possess that number plate,

as the case requires.

(3B) A certificate or document which purports to

have been issued under any Act of the Commonwealth or of another State or Territory of the Commonwealth
corresponding to the Road Safety Act 1986

certifying that on a particular date—

(a)

a particular registration number was to a particular vehicle; or

Road Safety (Further Amendment) Act 2001

Act No. 92/2001 s. 33

(b) a particular person was entitled, or last entitled, under the corresponding Act to use or possess a number plate bearing a particular registration number—

is admissible in evidence in any proceedings
and, in the absence of evidence to the
contrary, is proof that on that date that
registration number was assigned to that
vehicle or that person was entitled, or last
entitled, to use or possess that number plate,
as the case requires.".

(6) In section 89 of the Melbourne City Link Act

1995, after sub-section (4) insert—
'(5) In this section—

"authorised person" means a person who is

authorised or who is the holder of a
position authorised for the purposes of
this section by the Roads Corporation.'.

33. Amendment of Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001

See:

For section 9(1) of the Road Safety (Alcohol and	Act No.
Drugs Enforcement Measures) Act 2001	23/2001. Statute Book
substitute—	dpc.vic.
'(1) In section 52 of the Road Safety Act 1986, after sub-section (1D) insert—	gov.au

"(1E) Subject to sub-sections (1F) and (1G),

this section also applies during the period of 1 year from the issue of a driver licence which authorises the holder to drive a motor cycle, while the
holder is driving or in charge of a motor
cycle, whether or not the holder also
holds a driver licence which authorises
him or her to drive another kind of
motor vehicle.

Road Safety (Further Amendment) Act 2001

s. 34 Act No. 92/2001

(1F) If the Corporation is satisfied that a

person has appropriate licensed motor
cycle driving experience (wherever
obtained), it may—

(a)	waive the application to the person of sub-section (1E); or
(b)

specify a shorter period than sub-section.

(1G) If a driver licence referred to in sub-

section (1E) is suspended (whether by a
court or the Corporation) during the
period of 1 year referred to in that sub-
section (or the shorter period applying
under sub-section (1F)), the period
applying to the person for the purposes
of sub-section (1E) is extended by a
period equal to the period of the
suspension.'.

34. Statute law revision

Act No.

19/1991.	(1) In section 4(1) of the Road Safety (Drivers) Act 1991, paragraph (b) is repealed.
(2) In section 57(1)(a)(ii) of the Principal Act, after "(4)" insert "or (4A), as the case requires".

═══════════════
Road Safety (Further Amendment) Act 2001

Act No. 92/2001 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 1 November 2001

Legislative Council: 28 November 2001

The long title for the Bill for this Act was "to make miscellaneous amendments to the Road Safety Act 1986, to amend the Chattel Securities Act 1987, the Magistrates' Court Act 1989, the Road Safety

(Drivers) Act 1991, the Road Safety (Further Amendment) Act 1991, the Melbourne City Link Act 1995 and the Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 and for other purposes."