Road Safety (General) and (Drivers) Amendment Regulations 2014 (Vic)

Road Safety (General) and (Drivers) Amendment Regulations 2014

S.R. No. 145/2014

TABLE OF PROVISIONS

Regulation  Page

PART 1—PRELIMINARY

1Objectives

2Authorising provision

3Commencement

PART 2—ROAD SAFETY (GENERAL) REGULATIONS 2009

4Procedures after taking blood samples

5Procedure for carrying out preliminary oral fluid test

6Particulars of report of assessment of drug impairment

7Notice to driver and registered operator

8Evidence of identity and entitlement to recover vehicle

9Power to prosecute

10Prosecution for parking offences

11Extension of the Act by the Minister

12Amendment of Schedule 4—search and seizure warrant

13Amendment of Schedule 6—parking infringements

14Amendment of Schedule 7—traffic infringements

PART 3—ROAD SAFETY (DRIVERS) REGULATIONS 2009

15Probationary driver must display P plates

16Offence to drive probationary prohibited vehicle

17Restrictions affecting certain motor cycle riders

18Peer passenger restriction for P1 probationary drivers

19Definitions for Part 3 Division 1

20Return of driver licence or learner permit

21Time for appeal

22Appellant must give notice of appeal

23Particulars of order to be given to Corporation

24Search and extract fees

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 145/2014

Road Safety Act 1986

Road Safety (General) and (Drivers) Amendment Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 23 September 2014

Responsible Minister:

TERRY MULDER
Minister for Roads

YVETTE CARISBROOKE

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are—

(a)to amend the Road Safety (General) Regulations 2009—

(i)to prescribe an offence to be an infringement offence within the meaning of the Infringements Act 2006 and the infringement penalty payable as a consequence of the amendments made by the Road Safety Road Rules Amendment Rules 2014; and

(ii)to make other minor and technical amendments; and

(b)to amend the Road Safety (Drivers) Regulations 2009 to make minor and technical amendments.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 October 2014.

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PART 2—ROAD SAFETY (GENERAL) REGULATIONS 2009

4Procedures after taking blood samples

In regulation 11(2) of the Road Safety (General) Regulations 2009[1], for "member of the police force" substitute "police officer".

5Procedure for carrying out preliminary oral fluid test

In regulation 17 of the Road Safety (General) Regulations 2009, for "member of the police force" substitute "police officer".

6Particulars of report of assessment of drug impairment

In regulation 23(d), (f), (i), (j) and (k) of the Road Safety (General) Regulations 2009, for "member of the police force" substitute "police officer".

7Notice to driver and registered operator

In regulation 56(e) of the Road Safety (General) Regulations 2009, for "member of the police force" substitute "police officer".

8Evidence of identity and entitlement to recover vehicle

In regulation 57(1)(c), (2)(a)(iii) and (2)(b)(ii) of the Road Safety (General) Regulations 2009, for "member of the police force" substitute "police officer".

9Power to prosecute

In regulation 82(e) of the Road Safety (General) Regulations 2009, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".

10Prosecution for parking offences

In regulation 83(d) of the Road Safety (General) Regulations 2009, for "or an inspector appointed under Part 8 of the Marine Act 1988" substitute "or a transport safety officer appointed under section 116 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014".

11Extension of the Act by the Minister

In regulation 85(l) of the Road Safety (General) Regulations 2009, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".

12Amendment of Schedule 4—search and seizure warrant

In Schedule 4 to the Road Safety (General) Regulations 2009, for "member(s) of the police force" (wherever occurring) substitute "police officer(s)".

13Amendment of Schedule 6—parking infringements

After item 38 of Schedule 6 to the Road Safety (General) Regulations 2009 insert—

"38A 2575 Stopped on a traffic island RR 197(1B) 0×6 penalty unit".

14Amendment of Schedule 7—traffic infringements

(1)In item 69 of Schedule 7 to the Road Safety (General) Regulations 2009 in column 3, for "Learner driver or holder of a probationary driver licence using any mobile phone" substitute "Learner driver, holder of a probationary driver licence or restricted motor cycle licence using any mobile phone".

(2)In item 75 of Schedule 7 to the Road Safety (General) Regulations 2009 in column 3, for "Fail to have full control, uninterrupted view, at least one hand on handlebars (motor bikes only) or both feet on footrests while motor bike moving" substitute "Fail to ride motor bike correctly, keep proper control of vehicle, drive with uninterrupted view or ride vehicle with person or animal in lap or animal on motor bike".

(3)In item 144B of Schedule 7 to the Road Safety (General) Regulations 2009 in column 4, omit "245(1), 245(2), 245(3), 245(4), 245(5),".

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PART 3—ROAD SAFETY (DRIVERS) REGULATIONS 2009

15Probationary driver must display P plates

In regulation 55(3)(a) of the Road Safety (Drivers) Regulations 2009[2], for "member of the police force" substitute "police officer".

16Offence to drive probationary prohibited vehicle

In regulation 57(2)(c) of the Road Safety (Drivers) Regulations 2009, for "member of the police force" substitute "police officer".

17Restrictions affecting certain motor cycle riders

In regulation 58(4) of the Road Safety (Drivers) Regulations 2009, for "member of the police force" substitute "police officer".

18Peer passenger restriction for P1 probationary drivers

In regulation 61(2)(a) of the Road Safety (Drivers) Regulations 2009, for "member of the police force" substitute "police officer".

19Definitions for Part 3 Division 1

In regulation 72(1) of the Road Safety (Drivers) Regulations 2009, in paragraph (a) of the definition of duly notified, for "the police force of Victoria or" substitute "Victoria Police or the police force of".

20Return of driver licence or learner permit

In regulation 81(a) of the Road Safety (Drivers) Regulations 2009, for "member of the police force" substitute "police officer".

21Time for appeal

In regulation 85(3) of the Road Safety (Drivers) Regulations 2009, for "member of the police force" (where twice occurring) substitute "police officer".

22Appellant must give notice of appeal

In regulation 86(2)(b) of the Road Safety (Drivers) Regulations 2009, for "the Victoria Police Force" substitute "Victoria Police".

23Particulars of order to be given to Corporation

In regulation 87(2) of the Road Safety (Drivers) Regulations 2009, for "the Victoria Police Force" substitute "Victoria Police".

24Search and extract fees

In regulation 111(3)(a) of the Road Safety (Drivers) Regulations 2009, for "the Victoria Police Force" substitute "Victoria Police".

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ENDNOTES

[1] Reg. 4: S.R. No. 115/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 84/2012. Subsequently amended by S.R. Nos 118/2013, 135/2013, 150/2013, 153/2013 and 67/2014.

[2] Reg. 15: S.R. No. 95/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 86/2013. Subsequently amended by S.R. Nos 28/2010, 135/2013, 150/2013, 153/2013, 174/2013, 175/2013, 27/2014, 46/2014, 84/2014 and 85/2014.