Road Safety (General) and (Vehicles) Amendment Regulations 2023 (Vic)

Road Safety (General) and (Vehicles) Amendment Regulations 2023

S.R. No. 67/2023

table of provisions

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

Part 2—Road Safety (Vehicles) Regulations 2021

5Definitions

6Registration numbers

7Fees for registration and renewal of registration of motor cycles

8Fee for registration or renewal of light trailers

9New regulation 120A inserted

10Schedule 2—Concessional fees for registration and renewal of registration

11Schedule 4—Miscellaneous Fees

Part 3—Road Safety (General) Regulations 2019

12New regulations 40AA and 40AAB inserted

13Use of relocatable digital RSC

14Destruction of image or message produced by relocatable digital RSC

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Endnotes

statutory rules 2023

S.R. No. 67/2023

Road Safety Act 1986

Road Safety (General) and (Vehicles) Amendment Regulations 2023

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

Dated: 27 June 2023

Responsible Minister:

MELISSA HORNE
Minister for Roads and Road Safety

ANGELA SMITH

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are—

(a)to amend the Road Safety (Vehicles) Regulations 2021—

(i)to provide for discounted registration on light motor vehicles and free registration on light trailers and caravans for eligible veterans; and

(ii)in relation to registration numbers for consular vehicles; and

(iii)to provide for free registration for a vehicle necessary for apprenticeships and traineeships; and

(iv)to implement new number plate fees for heavy vehicles; and

(b)to amend the Road Safety (General) Regulations 2019 to prescribe requirements for the testing and sealing of relocatable digital road safety cameras.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 July 2023.

4Principal Regulations

In these Regulations, the Road Safety (Vehicles) Regulations 2021[1] are called the Principal Regulations.

PART 2—ROAD SAFETY (VEHICLES) REGULATIONS 2021

5Definitions

(1)In regulation 5 of the Principal Regulations, in the definition of registration fee, for "or 120" substitute ", 120 or 120A".

(2)In regulation 5 of the Principal Regulations insert the following definitions—

"electronic identity credential has the same meaning as in section 3 of the Service Victoria Act 2018;

eligible veteran means a person who is—

(a)the holder of an electronic identity credential known as the Veterans Card—Victoria; or

(b)the holder of a Gold Card, being a card issued to a person who is eligible for treatment under Part V or section 104 of the Veterans' Entitlements Act 1986 of the Commonwealth; or

(c)assessed pursuant to Part 2 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004 of the Commonwealth as a veteran who has suffered an impairment resulting from one or more service injuries or diseases, the degree of which constitutes 40 impairment points or more;".

6Registration numbers

For regulation 59(5)(a) of the Principal Regulations substitute—

"(a)the vehicle is a consular vehicle to which item 15 of the Table in Schedule 2 applies; or".

7Fees for registration and renewal of registration of motor cycles

In regulation 116(1) of the Principal Regulations, after "under" insert "regulation 120A or".

8Fee for registration or renewal of light trailers

In regulation 118 of the Principal Regulations, after "base registration fee" insert "unless a lesser fee or nil fee applies to the light trailer under Schedule 2".

9New regulation 120A inserted

After regulation 120 of the Principal Regulations insert—

"120A   Fees for registration and renewal of registration of light motor vehicles for eligible veterans

(1)For a light motor vehicle to which subregulation (2) applies, the fee for registration or renewal of registration of the vehicle is—

(a)nil, if the fee that would otherwise be payable under section 9(2) of the Act is less than $100; or

(b)in any other case, the fee that would otherwise be payable under section 9(2) of the Act, less $100.

(2)The light motor vehicle is not used except for social, domestic or pleasure purposes and—

(a)the vehicle is registered or to be registered in the name of a person who is—

(i)an eligible veteran; or

(ii)a spouse, domestic partner or carer of an eligible veteran; and

(b)the vehicle is not a vehicle to which a concessional fee for registration or renewal of registration under regulation 120 applies or has been applied; and

(c)the provisions of this regulation have not been applied to—

(i)any other vehicle registered in the name of the eligible veteran; or

(ii)any other vehicle registered in the name of the spouse, domestic partner or carer of the eligible veteran.

(3)The fee under subregulation (1) is to be applied to the vehicle from the date of commencement of registration, or renewal of registration, after the person notifies the Secretary that they are—

(a)an eligible veteran; or

(b)a spouse, domestic partner or carer of an eligible veteran.".

10Schedule 2—Concessional fees for registration and renewal of registration

(1)For item 13 of the Table in Schedule 2 to the Principal Regulations substitute—

"13  Light trailer

A light trailer not otherwise eligible to be registered for a nil fee or for a lesser fee.

20% base fee

13A  Light trailer (other than a caravan or camper trailer) registered in the name of an eligible veteran

A light trailer (other than a caravan or camper trailer) registered or to be registered in the name of an eligible veteran if—

(a)     the eligible veteran is not the registered operator of another light trailer (other than a caravan or camper trailer) the registration fee for which was determined under this item; and

(b)     the eligible veteran notifies the Secretary of their eligibility for this discount before the registration or renewal of registration of the light trailer (other than a caravan or camper trailer).

nil

13B Caravan or camper trailer registered in the name of an eligible veteran

A caravan or camper trailer registered or to be registered in the name of an eligible veteran if—

(a)     the eligible veteran is not the registered operator of another caravan or camper trailer the registration fee for which was determined under this item; and

(b)     the eligible veteran notifies the Secretary of their eligibility for this discount before the registration or renewal of registration of the caravan or camper trailer.

nil".

(2)In Column 2 of item 16 of the Table in Schedule 2 to the Principal Regulations, for "50% base fee" substitute "nil".

11Schedule 4—Miscellaneous Fees

In Schedule 4 to the Principal Regulations—

(a)in column 4 of item 13, for "$27.10" substitute "$29.20";

(b)in column 4 of item 15, for "$27.10" substitute "$29.20".

PART 3—ROAD SAFETY (GENERAL) REGULATIONS 2019

12New regulations 40AA and 40AAB inserted

Before regulation 40A of the Road Safety (General) Regulations 2019[2] insert—

"40AA   Testing of relocatable digital RSC

For the purposes of sections 83A(1) and 84(7)(ba) of the Act, the prescribed manner of testing a relocatable digital RSC is that a testing officer who tests the vehicle detector of the relocatable digital RSC is satisfied that the vehicle detector is in a satisfactory operating condition and is correctly responding to the movement of vehicles at the location in the relevant direction of travel.

40AABSealing of relocatable digital RSC

For the purposes of sections 83A(1) and 84(7)(ba) of the Act, the prescribed manner of sealing a relocatable digital RSC is that the data processing unit of the relocatable digital RSC is sealed—

(a)by the testing officer who carried out the test under regulation 40AA; and

(b)with a seal that effectively prevents interference with the data processing unit without breaking the seal.".

13Use of relocatable digital RSC

In regulation 40A of the Road Safety (General) Regulations 2019—

(a)in paragraph (b)(i), for "vehicle detectors have" substitute "vehicle detector has";

(b)in paragraph (c)(ii), for "vehicle detectors are" substitute "vehicle detector is".

14Destruction of image or message produced by relocatable digital RSC

(1)In regulation 40B(2)(a) of the Road Safety (General) Regulations 2019, for "initially detects an offence" substitute "is initially assessed as having detected an offence".

(2)After regulation 40B(2) of the Road Safety (General) Regulations 2019 insert—

"(2A)Subregulation (2) does not apply if an infringement notice has been issued or court proceedings have been commenced for an offence specified in subregulation (4) relating to the image or message.".

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ENDNOTES

[1] Reg. 4: S.R. No. 116/2021 as amended by S.R. Nos 47/2022, 51/2022, 129/2022 and 130/2022.

[2] Reg. 12: 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 and 23/2023.