Road Safety (General) Amendment (No-Truck Zone) Regulations 2025 (Vic)

Road Safety (General) Amendment (No-Truck Zone) Regulations 2025

S.R. No. 28/2025

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6New regulation 7A inserted

7Heading to Part 1A amended

8New regulation 9C inserted

9New Division 4B of Part 3 inserted

10Process for production of printed image

11New regulations 51A and 51B inserted

12Schedule 7 amended

═════════════

Endnotes

STATUTORY RULES 2025

S.R. No. 28/2025

Road Safety Act 1986

Road Safety (General) Amendment (No-Truck Zone) Regulations 2025

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 20 May 2025

Responsible Minister:

MELISSA HORNE
Minister for Roads and Road Safety

ANGELA SMITH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Road Safety (General) Regulations 2019—

(a)to provide for the enforcement of offences against section 65BA(1) of the Road Safety Act 1986 using prescribed no-truck zone cameras; and

(b)to provide for the offence of driving a heavy vehicle in a no-truck zone to be dealt with by infringement notice; and

(c)to prescribe classes of heavy vehicles that are permitted to be driven in a no-truck zone; and

(d)to prescribe circumstances in which driving a heavy vehicle in a no-truck zone is permitted; and

(e)to provide for information to be contained in evidentiary certificates relating to evidence derived from prescribed no-truck zone cameras; and

(f)to provide for matters that must be contained in a notice raising a matter related to an exception to a camera detected no-truck zone offence.

2Authorising provision

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

3Commencement

These Regulations come into operation on 16 June 2025.

4Principal Regulations

In these Regulations, the Road Safety (General) Regulations 2019[1] are called the Principal Regulations.

5Definitions

In regulation 5 of the Principal Regulations—

(a)insert the following definitions—

"camera detected no-truck zone offence means an offence against section 65BA(1) of the Act detected by a prescribed no-truck zone camera;

NTZ camera means the no-truck zone camera system specified in regulation 40E;";

(b)in the definition of vehicle detector, after "camera" insert "or no-truck zone camera".

6New regulation 7A inserted

After regulation 7 of the Principal Regulations insert—

"7A   Certificates under section 83B

For the purposes of section 83B(1) of the Act, the prescribed information is the following—

(a)a statement that the certificate is issued by an authorised person under section 83B of the Act;

(b)in the case of a certificate certifying that a printed image or message was produced by a prescribed process, a statement that the certificate is issued by the person who caused or required that image or message to be printed;

(c)a statement that the certificate certifies that, to the best of the knowledge and belief of the person issuing the certificate, the matters set out in the certificate are true and correct.".

7Heading to Part 1A amended

In the heading to Part 1A of the Principal Regulations omit "of suspension, notices of disqualification and notices of intention to raise a seatbelt exemption".

8New regulation 9C inserted

After regulation 9B of the Principal Regulations insert—

"9C   Notice of intention to raise a matter relating to an exception to a camera detected no-truck zone offence

For the purposes of section 84AC(2) of the Act, the following matters are prescribed—

(a)if the accused is an individual—

(i)the individual's name, date of birth and home address; and

(ii)the number of the individual's driver licence;

(b)if the accused is a body corporate—

(i)its name and home address; and

(ii)its Australian Company Number or Australian Registered Body Number (if applicable);

(c)the number of any traffic infringement notice issued in respect of the camera detected no-truck zone offence;

(d)the reason for raising the matter relating to the exception;

(e)any other evidence that supports the matter relating to the exception.".

9New Division 4B of Part 3 inserted

After Division 4A of Part 3 of the Principal Regulations insert—

"Division 4B—No-truck zone cameras

40EPrescribed no-truck zone camera

For the purposes of the definition of prescribed no-truck zone camera in section 3(1) of the Act, the camera system known as Sensor Dynamics TruckWatch is prescribed.

40FUse of NTZ cameras

For the purposes of sections 80E(2), 83B(1)(a) and 84(7A) of the Act, the prescribed manner of use of a NTZ camera is that—

(a)the vehicle detectors have been placed in position as specified by the manufacturer of NTZ cameras or by a person who distributes or maintains them; and

(b)a person placing or removing the NTZ camera or switching on or resetting the NTZ camera after it has been inoperable for any reason—

(i)checks the time, date and location code and makes any corrections that may be necessary to ensure the correct data is recorded in the digital file; and

(ii)checks that the vehicle detectors are correctly responding to the presence of heavy vehicles at the location; and

(iii)ensures that, when the NTZ camera is installed and left unattended, it is kept in one or more locked housings.".

10Process for production of printed image

In regulation 47(1) of the Principal Regulations—

(a)for "81(1)(c), 81(2), 83A(1) and 84(7)" substitute "80E(2)(b), 81(1)(c) and (2), 83A(1), 83B(1) and 84(7) and (7A)";

(b)in paragraph (c), after "referred to in" insert "section 66A of the Act or".

11New regulations 51A and 51B inserted

After regulation 51 of the Principal Regulations insert—

"51A   Classes of heavy vehicle which may be driven in no-truck zone

(1)For the purposes of section 65BA(2)(b) of the Act, the following classes of heavy vehicle are prescribed—

(a)a 2 axle truck that is not transporting a shipping container;

(b)a tow truck;

(c)a concrete truck;

(d)a waste disposal truck;

(e)a motor home;

(f)an emergency vehicle;

(g)a police vehicle.

(2)In this regulation—

emergency vehicle has the same meaning as in the Road Rules;

motor home means a motor vehicle that is designed and constructed for the primary purpose of providing a temporary dwelling for persons using the motor vehicle for recreational travel;

police vehicle has the same meaning as in the Road Rules;

tow truck has the same meaning as in section 3 of the Accident Towing Services Act 2007.

51BCircumstances where driving of heavy vehicle permitted in no-truck zone

(1)For the purposes of section 65BA(2)(f) of the Act, the following circumstances are prescribed—

(a)a class 2 heavy vehicle authorisation (permit) has been issued by the Regulator authorising the use of the vehicle in the no-truck zone at that time and on that day;

(b)a mass or dimension exemption (permit) has been issued by the Regulator in relation to the vehicle, and—

(i)the exemption applies to an area or route that includes the no-truck zone; and

(ii)the vehicle is being driven in the no-truck zone under the authorisation of the permit;

(c)the driver is obeying a direction given to the driver by a police officer or an authorised person;

(d)the heavy vehicle is being driven to a place or from a place within a no-truck zone that is the garage address of the vehicle.

(2)In this regulation—

authorised person has the same meaning as in the Road Rules;

class 2 heavy vehicle authorisation (permit) has the same meaning as in section 5 of the Heavy Vehicle National Law (Victoria);

mass or dimension exemption (permit) has the same meaning as in section 5 of the Heavy Vehicle National Law (Victoria).".

12Schedule 7 amended

After item 16 of Schedule 7 to the Principal Regulations insert—

"16A 7300 RSA 65BA(1) 3 penalty units Drive a heavy vehicle in a
no-truck zone".

═════════════

ENDNOTES

[1] Reg. 4: 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, 67/2023, 60/2024, 102/2024 and 15/2025.

——

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.