Road Safety (General) Regulations 2019 (Vic)

Version No. 021

Road Safety (General) Regulations 2019

S.R. No. 88/2019

Version incorporating amendments as at

16 June 2025

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Revocations

5Definitions

6Certificates under section 78A

7Certificates under section 83A

7ACertificates under section 83B

8Certificates under section 84

Part 1A—Notices

9Notice of suspension

9ANotice of disqualification

9BNotice of intention to raise a seatbelt exemption

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

Part 2—Evidence relating to alcohol and drug offences

10Preliminary breath testing devices

11Procedure for breath analysis

12Certificate under section 55(4)

13Procedures for taking blood samples

14Procedures after taking blood samples

15Oral fluid testing devices

16Procedure for carrying out preliminary oral fluid test

17Procedure for taking oral fluid samples under section 55E

18Procedure after taking oral fluid samples

19Certificate under section 57(3)

20Certificate under section 57(4)

21Certificate under section 57(4A)

22Certificate under section 57(4B)

23Certificate under section 57B(3)

24Certificate under section 57B(4)

25Particulars of report of assessment of drug impairment

26Procedures for collecting urine samples

27Procedures after collecting urine samples

28Certificate under section 57A(3)

29Certificate under section 57A(4)

30Certificate under section 57A(5)

Part 3—Evidence relating to speeding and other offences

Division 1—Road safety cameras and prescribed processes

31Offences detected by road safety cameras or prescribed processes—operator onus offences

32Prescribed road safety cameras

33Prescribed process for the calculation of average speed

Division 2—Fixed analogue road safety cameras

34Use of fixed analogue RSC

Division 3—Fixed digital road safety cameras

35Testing of fixed digital RSC

36Sealing of fixed digital RSC

37Use of fixed digital RSC

Division 4—Mobile digital road safety cameras

38Testing of mobile digital RSC

39Sealing of mobile digital RSC

40Use of mobile digital RSC

Division 4A—Relocatable digital RSCs

40AUse of relocatable digital RSC

40BDestruction of image or message produced by relocatable digital RSC

40CStorage of image or message produced by relocatable digital RSC

40DReference to image or message produced by relocatable digital RSC

Division 4B—No-truck zone cameras

40EPrescribed no-truck zone camera

40FUse of NTZ cameras

Division 5—Speed detectors

41Prescribed speed detectors

42Testing of speed detectors

43Sealing of speed detectors

44Use of digitectors

45Use of laser devices

46Use of radar devices

Division 6—Prescribed processes

47Process for production of printed image

Division 7—Other matters

48Interference with road safety cameras

49Interference with speed detectors

50Record-keeping requirements

51Certificate as to testing and sealing road safety camera or speed detector

51AClasses of heavy vehicle which may be driven in no-truck zone        

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

Division 8—Engine management system reading devices

52Specified engine management system reading devices

53Use of engine management system reading device

54Obtaining information from an engine management system reading device

Part 4—Vehicle impoundment, immobilisation and forfeiture

55Content of notice of impoundment or immobilisation

56Evidence of identity and entitlement to recover vehicle

57Form of search and seizure warrant

58Form of report on execution of warrant

Part 5—Evidence relating to mass of vehicles

59Prescribed portable weighing devices

60Testing of portable weighing devices

61Prescribed limits of error for portable weighing devices

62Sealing of portable weighing devices

63Use of portable weighing devices

64Certificate as to testing and sealing portable weighing devices

65Interference with portable weighing devices

Part 6—Parking infringements

66Infringement penalties for parking infringements

67Service of parking infringement notices

68Summaries of parking infringements in Schedule 6

Part 7—Traffic infringements

69Prescribed traffic infringements

70Infringement penalties for traffic infringements

71Prescribed details of traffic infringement notice

72Summaries of traffic infringements in Schedule 7

73Withdrawal of traffic infringement notice

74Proof of prior convictions or findings of guilt

Part 8—Operator onus

75Prescribed period for making statements

76Prescribed period for accepting or rejecting statements

Part 9—Application of the Act to public authorities

77Power to prosecute

78Prosecution for parking offences

79Appropriation of fines

80Extension of the Act by the Minister

Part 10—Application of fees

81Application of certain fees

Part 11—General

82Provisions under or for the purposes of which officers or employees of the Corporation may be appointed as authorised officers

Schedule 1—Revocations

Schedule 2—Certificate under section 78A

Schedule 3—Certificate under section 83

Schedule 4—Search and seizure warrant

Schedule 5—Report on execution of search and seizure warrant

Schedule 6—Parking infringements

Schedule 7—Traffic infringements

Schedule 8—Public authorities, prescribed persons and prescribed funds for appropriation of fines

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 021

Road Safety (General) Regulations 2019

S.R. No. 88/2019

Version incorporating amendments as at

16 June 2025

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are—

(a)to prescribe devices, systems and procedures for obtaining evidence in relation to—

(i)the presence of alcohol or any other drug in samples of blood, breath or urine; and

(ii)the speed of vehicles; and

(iii)the mass of vehicles; and

(iv)other traffic offences; and

(b)to specify engine management system reading devices and procedures; and

(c)to prescribe the matters to be included in parking infringement notices and traffic infringement notices; and

(d)to prescribe the penalties for parking infringements and traffic infringements; and

(e)to provide for the application of provisions of the Act and regulations to land of public authorities; and

(f)to provide for evidentiary matters relating to impounded or immobilised vehicles; and

(g)to provide that certain fees received by the Secretary are to be paid by the Secretary into the Roads Fund established under section 39B of the Transport Integration Act 2010; and

(h)to prescribe other matters authorised under the Road Safety Act 1986.

2Authorising provision

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

3Commencement

These Regulations come into operation on 27 September 2019.

4Revocations

The Regulations listed in Schedule 1 are revoked.

5Definitions

In these Regulations—

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

checksum means a number produced by the application of an algorithm to the contents of that part of a digital file that does not include the checksum;

data processing unit means a computer that temporarily stores images taken by a relocatable digital RSC;

digital filemeans a file in a digital format, or electronic copy of such a file, which is created and encrypted by—

(a)a road safety camera; or

(b)a digital camera that records date, time and location; or

(c)the process prescribed in regulation 33—

which contains the checksum for that file;

digitector means the device known by that name which determines the speed at which a motor vehicle travels between 2 vehicle detectors on a road;

fixed analogue RSC means the road safety camera system specified in regulation 32(a);

fixed digital RSC means a road safety camera system specified in regulation 32(b), (c), (d), (e), (f), (h), (i), (j), (l), (n) or (p);

inbuilt device has the same meaning as in rule 304A of the Road Safety Road Rules 2017;

infringement penalty has the same meaning as it has in the Infringements Act 2006;

laser device means a laser device specified in regulation 41;

mobile digital RSC means a road safety camera system specified in regulation 32(g), (k) or (m);

motor bike helmet device has the same meaning as in rule 304A of the Road Safety Road Rules 2017;

mounted device has the same meaning as in rule 304A of the Road Safety Road Rules 2017;

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

portable device has the same meaning as in rule 304A of the Road Safety Road Rules 2017;

radar device means a radar device specified in regulation 41;

relocatable digital RSC means the road safety camera system specified in regulation 32(o);

senior police officer means a police officer who is of or above the rank of sergeant, as referred to in section 13(j) of the Victoria Police Act 2013;

speed calculation unit means the part or parts of a road safety camera that determine the speed of a vehicle;

testing officer means—

(a)a technical officer or the head of a faculty, school or department of electrical engineering, communications engineering or electronics engineering at a post-secondary education provider within the meaning of the Education and Training Reform Act 2006; or

(b)a person authorised in writing by the Chief Commissioner of Police or the Secretary to the Department of Justice and Community Safety; or

(c)a testing officer of a facility accredited in the testing and calibration of speed detectors or road safety cameras by the National Association of Testing Authorities, Australia (NATA);

the Actmeans the Road Safety Act 1986;

vehicle detector means a part of a road safety camera or no-truck zone camera that detects the presence of a vehicle;

*                *                *                *                *

wearable device has the same meaning as in rule 304A of the Road Safety Road Rules 2017.

6Certificates under section 78A

For the purposes of section 78A of the Act, the prescribed form of a certificate is the form set out in Schedule 2.

7   Certificates under section 83A

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

(a)a statement that the certificate is issued by an authorised person under section 83A 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.

7ACertificates 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.

8   Certificates under section 84

For the purposes of section 84(1), (3) or (4A) of the Act, the prescribed particulars are the following—

(a)the expression "Road Safety Act 1986";

(b)the expression "Certificate under section 84(1)", "Certificate under section 84(3)" or "Certificate under section 84(4A)" (as the case requires);

(c)the name and official title of the person issuing the certificate;

(d)in the case of a certificate issued by an authorised person, a statement to that effect;

(e)the date on which the certificate is issued.

PART 1A—NOTICES

9Notice of suspension

For the purposes of section 85L(1)(c) of the Act, the prescribed particulars are the following—

(a)the name and address of the person to whom the notice is issued;

(b)a statement of the alleged offence;

(c)in the case of an alleged offence under section 49(1)(b), (bc), (f), (g) or (j) of the Act, the alleged concentration of alcohol present in the blood or breath (as the case requires) of the person;

(d)in the case of an alleged offence that is a relevant speeding offence within the meaning of section 85F(2) of the Act—

(i)the alleged speed at which the motor vehicle was driven; and

(ii)the applicable speed limit;

(e)in the case of an alleged offence that is a relevant offence within the meaning of section 85I(4) of the Act—

(i)the rank of the senior police officer who issued the notice; and

(ii)a statement indicating that the senior police officer is reasonably satisfied that—

(A)the commission of the relevant offence by the person to whom the notice is issued resulted in injury or death; and

(B)the person to whom the notice is issued is an unacceptable risk to road safety until the charge for the alleged offence is determined;

(ea)in the case of an alleged offence under section 61(1)(a) or (b) of the Act—

(i)the rank of the senior police officer who issued the notice; and

(ii)a statement indicating that the senior police officer is reasonably satisfied that—

(A)another person has died or suffered serious injury from the accident that occurred; and

(B)the person to whom the notice is issued is an unacceptable risk to road safety until the charge is determined;

(eb)in the case of an alleged offence under section 317AC, 317AD, 317AE, 317AF or 319AA(1) of the Crimes Act 1958—

(i)the rank of the senior police officer who issued the notice; and

(ii)a statement indicating that the senior police officer is reasonably satisfied that the person to whom the notice is issued is an unacceptable risk to road safety until the charge is determined;

(f)whether the person to whom the notice is issued holds a full driver licence, a learner permit or a probationary driver licence;

(g)a statement advising that the person to whom the notice is issued may appeal to the Magistrates' Court under section 85S of the Act against the decision to suspend the driver licence or learner permit;

(h)the name and signature of the person who issued the notice;

(i)the date the notice was issued to the person.

9ANotice of disqualification

For the purposes of section 85ZK(1)(b) of the Act, the prescribed particulars are the following—

(a)the name and address of the person to whom the notice is issued;

(b)a statement of the alleged offence;

(c)in the case of an alleged offence under section 49(1)(b), (bc), (f), (g) or (j) of the Act, the alleged concentration of alcohol present in the blood or breath (as the case requires) of the person;

(d)in the case of an alleged offence that is a relevant speeding offence within the meaning of section 85ZE(3) of the Act—

(i)the alleged speed at which the motor vehicle was driven; and

(ii)the applicable speed limit;

(e)in the case of an alleged offence that is a relevant offence within the meaning of section 85ZH(4) of the Act—

(i)the rank of the senior police officer who issued the notice; and

(ii)a statement indicating that the senior police officer is reasonably satisfied that—

(A)the commission of the relevant offence by the person to whom the notice is issued resulted in injury or death; and

(B)the person to whom the notice is issued is an unacceptable risk to road safety until the charge for the alleged offence is determined;

(ea)in the case of an alleged offence under section 61(1)(a) or (b) of the Act—

(i)the rank of the senior police officer who issued the notice; and

(ii)a statement indicating that the senior police officer is reasonably satisfied that—

(A)another person has died or suffered serious injury from the accident that occurred; and

(B)the person to whom the notice is issued is an unacceptable risk to road safety until the charge is determined;

(eb)in the case of an alleged offence under section 317AC, 317AD, 317AE, 317AF or 319AA(1) of the Crimes Act 1958—

(i)the rank of the senior police officer who issued the notice; and

(ii)a statement indicating that the senior police officer is reasonably satisfied that the person to whom the notice is issued is an unacceptable risk to road safety until the charge is determined;

(f)whether the person to whom the notice is issued holds a non-Victorian licence or permit;

(g)a statement advising that the person to whom the notice is issued may appeal to the Magistrates' Court under section 85ZQ of the Act against the decision to disqualify the person from obtaining a driver licence or learner permit;

(h)the name and signature of the person who issued the notice;

(i)the date the notice was issued to the person.

9BNotice of intention to raise a seatbelt exemption

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

(a)the accused's name, date of birth and address;

(b)the number of the accused's driver licence or learner permit;

(c)the number of the traffic infringement notice issued in respect of the camera detected seatbelt offence;

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

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

9CNotice 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.

PART 2—EVIDENCE RELATING TO ALCOHOL AND DRUG OFFENCES

10Preliminary breath testing devices

For the purposes of section 53(1) and (2) of the Act, the prescribed devices are the breath testing devices known as—

(a)the lion alcolmeter SD-400 Touch; and

(b)the Dräger Alcotest 7000, also known as the Draeger Alcotest 7000; and

(c)the lion alcolmeter SD-400PA; and

(d)the Alcolizer LE.

11Procedure for breath analysis

It is a requirement for the proper operation of a breath analysing instrument that a person authorised under section 55(3) of the Act to operate a breath analysing instrument—

(a)does not require a person to provide a breath sample for analysis until the authorised person is satisfied that the person has not consumed any alcohol for a period of at least 15 minutes before the analysis; and

(b)provides a fresh mouthpiece for use by each person required to provide a breath sample; and

(c)uses only a mouthpiece which, until required for taking a breath sample, has been kept in a sealed container.

12Certificate under section 55(4)

For the purposes of section 55(4) of the Act, the prescribed particulars are the following—

(a)the serial number of the breath analysing instrument;

(b)the sample number;

(c)the location of the test;

(d)the name and date of birth of the person whose breath is analysed;

(e)the surname of the operator;

(f)the results of the self-tests conducted using the breath analysing instrument before and after the person's breath is analysed;

(g)the results of zero tests conducted using the breath analysing instrument before and after the person's breath is analysed;

(h)the date and time the person's breath was analysed.

13Procedures for taking blood samples

If a blood sample is taken by a registered medical practitioner or an approved health professional for the purposes of the Act, the site of the puncture must be cleansed with a swab taken from a container that—

(a)appears to be sealed against contamination; and

(b)does not contain ethanol.

14Procedures after taking blood samples

(1)A registered medical practitioner or an approved health professional who takes a blood sample must ensure that—

(a)the sample of blood is placed in 2 dry containers, each containing approximately the same amount of blood; and

(b)each container is vacuum sealed or sealed with a septum seal; and

(c)each container in which the sample is placed bears a label stating—

(i)the specific anticoagulant and the specific preservative that the container holds; and

(ii)the name of the chemist, laboratory or pharmaceutical organisation that prepared it; and

(d)each container has attached to it a label bearing the signature of the registered medical practitioner or approved health professional, the date and the time the sample was taken, and the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken.

(2)If a blood sample is taken under section 55, 55B, 55BA or 55E of the Act, the registered medical practitioner or approved health professional must give the sample containers to a police officer.

(3)If a blood sample is taken under section 56 of the Act, the registered medical practitioner or approved health professional must ensure that—

(a)both sample containers are placed and sealed in one plastic sample bag; and

(b)that plastic sample bag is placed in a locked receptacle provided for that purpose at the place where the sample was taken.

15Oral fluid testing devices

(1)For the purposes of section 55D of the Act, the prescribed device is the oral fluid testing device known as the SECURETEC DRUGWIPE TWIN or the SECURETEC DRUGWIPE II TWIN.

(2)For the purposes of section 55E of the Act, the prescribed device is the oral fluid testing device known as the SECURETEC DRUGWIPE II TWIN COMBO.

16Procedure for carrying out preliminary oral fluid test

For the purposes of section 55D of the Act, the prescribed procedure for carrying out a preliminary oral fluid test is that the police officer or person authorised under section 55D(2) of the Act who conducts the test—

(a)provides a fresh oral fluid collection unit for use by a person required to provide a preliminary oral fluid sample; and

(b)uses only an oral fluid collection unit that, until required for taking the oral fluid sample, has been kept in a sealed container; and

(c)tests the oral fluid sample by using the device, or the oral fluid testing unit that is part of the device, that was used to obtain the sample.

17Procedure for taking oral fluid samples under section 55E

For the purposes of section 55E(4) of the Act, the prescribed procedure is—

(a)providing a fresh oral fluid collection unit for use by each person required to provide an oral fluid sample; and

(b)using only an oral fluid collection unit that, until required for taking an oral fluid sample, has been kept in a sealed container.

18Procedure after taking oral fluid samples

An authorised officer who takes a sample of oral fluid under section 55E of the Act must ensure that the sample or, if the sample is broken into parts, each part has attached to it a label bearing—

(a)the name and signature of the authorised officer who took the oral fluid sample; and

(b)the date and time the sample was taken; and

(c)the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken.

19Certificate under section 57(3)

For the purposes of section 57(3) of the Act, the prescribed particulars are the following—

(a)a statement by the registered medical practitioner or approved health professional that the requirements of these Regulations for the taking of blood samples have been complied with;

(b)the name of the person from whom the blood sample was taken;

(c)the time and date the blood sample was taken;

(d)the name and signature of the registered medical practitioner or approved health professional who took the blood sample.

20Certificate under section 57(4)

For the purposes of section 57(4) of the Act, the prescribed particulars are the following—

(a)a statement by the approved analyst that the person is an approved analyst within the meaning of section 57 of the Act;

(b)a statement as to the method of analysis used;

(c)the name and signature of the approved analyst;

(d)the date on which the analysis was conducted;

(e)the information set out in the identification label referred to in regulation 14(1)(d).

21Certificate under section 57(4A)

For the purposes of section 57(4A) of the Act, the prescribed particulars are the following—

(a)a statement by the approved analyst that the person is an approved analyst within the meaning of section 57 of the Act;

(b)a statement as to the method of analysis used;

(c)a statement that a substance that is, or is capable of being, a drug for the purposes of the Act was present in the sample of blood analysed;

(d)the name of the substance found to be present in the sample of blood analysed;

(e)the name and signature of the approved analyst;

(f)the date on which the analysis was conducted;

(g)the information set out in the identification label referred to in regulation 14(1)(d).

22Certificate under section 57(4B)

For the purposes of section 57(4B) of the Act, the prescribed particulars are the following—

(a)a statement by the approved expert that the person is an approved expert within the meaning of section 57 of the Act;

(b)a statement as to the usual effect of a specified substance or substances on behaviour when consumed or used (including its effect on a person's ability to drive properly);

(c)the name and signature of the approved expert.

23Certificate under section 57B(3)

For the purposes of section 57B(3) of the Act, the prescribed particulars are the following—

(a)a statement by the person who carried out the oral fluid test that the person is an authorised officer within the meaning of section 55E of the Act;

(b)a statement as to whether the requirements of these Regulations for the taking and testing of oral fluid samples have been complied with;

(c)a statement as to whether the result of the oral fluid tested indicated the oral fluid sample provided by the person contained a prescribed illicit drug;

(d)the name of the person from whom the oral fluid sample was taken;

(e)the time and date the oral fluid sample was taken;

(f)the name and signature of the authorised officer who took the oral fluid sample.

24Certificate under section 57B(4)

For the purposes of section 57B(4) of the Act, the prescribed particulars are the following—

(a)a statement by the approved analyst that the person is an approved analyst within the meaning of section 57B of the Act;

(b)a statement as to the method of analysis used;

(c)the name and signature of the approved analyst;

(d)the date on which the analysis was conducted;

(e)a description of the contents of the identification label referred to in regulation 18.

25Particulars of report of assessment of drug impairment

For the purposes of section 55B(5) of the Act, the prescribed particulars are the following—

(a)particulars of the identity of the person on whom the assessment was carried out, including, if stated by the person, the person's name, address, date of birth and gender;

(b)the date and time at which the person underwent the assessment;

(c)the place at which the person underwent the assessment;

(d)the time (if any) reported to the police officer carrying out the assessment as the latest time the person drove, was in charge of or was an occupant of a motor vehicle;

(e)whether the person underwent a preliminary breath test in accordance with section 53 of the Act or furnished a sample of breath for analysis by a breath analysing instrument under section 55 of the Act and, if so, the result of the test or analysis, if known;

(f)the record of interview of the person carried out by the police officer carrying out the assessment;

(g)particulars of any medical treatment sought by or for the person;

(h)any statements made by the person concerning a drug or drugs;

(i)any observations made by the police officer carrying out the assessment of the person in relation to the following—

(i)any apparent injury or illness of the person;

(ii)whether the person smelt of intoxicating liquor;

(iii)the person's speech;

(iv)the person's eyes;

(v)the person's breathing;

(vi)the person's skin;

(vii)the person's movement;

(viii)the person's balance;

(ix)the state of the person's clothing;

(x)the person's actions;

(xi)the person's demeanour;

(xii)any physical signs of drug use by the person;

(xiii)the person's ability to comprehend instructions;

(xiv)the person's ability to divide attention;

(xv)whether the person, during the assessment, exhibited signs that indicated that the person was impaired by a drug or drugs;

(j)whether the assessment, in the opinion of the police officer carrying it out, indicates that the person may be impaired by a drug or drugs;

(k)the name, rank, station and signature of the police officer carrying out the assessment.

26Procedures for collecting urine samples

A registered medical practitioner or an approved health professional who collects a urine sample for the purposes of the Act must ensure that the sample is collected in a container that is clean and dry and which has not previously been used.

27Procedures after collecting urine samples

A registered medical practitioner or an approved health professional who collects a urine sample must ensure that¾

(a)the urine sample is placed in 2 dry containers, each containing approximately the same amount of urine; and

(b)each container is fitted with a tamper-proof locking seal; and

(c)each container has attached to it a label bearing—

(i)the signature of the registered medical practitioner or approved health professional who collected the urine sample; and

(ii)the date and the time the sample was collected; and

(iii)the name of the person from whom the sample was collected or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was collected.

28Certificate under section 57A(3)

For the purposes of section 57A(3) of the Act, the prescribed particulars are the following—

(a)a statement by the registered medical practitioner or approved health professional as to whether the requirements of the Act and these Regulations for the collection of urine samples by the registered medical practitioner or approved health professional (as the case requires) have been complied with;

(b)the name of the person from whom the urine sample was collected or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was collected;

(c)the time and date the urine sample was collected;

(d)the name and signature of the registered medical practitioner or approved health professional who collected the urine sample.

29Certificate under section 57A(4)

For the purposes of section 57A(4) of the Act, the prescribed particulars are the following—

(a)a statement by the approved analyst that the person is an approved analyst within the meaning of section 57A(1) of the Act;

(b)a statement as to the method of analysis used;

(c)a statement that a substance that is, or is capable of being, a drug for the purposes of the Act was present in the urine sample analysed;

(d)the name of the substance found to be present in the urine sample analysed;

(e)the concentration of the substance found to be present in the urine sample analysed;

(f)the name and signature of the approved analyst;

(g)the date on which the analysis was conducted;

(h)the information set out in the identification label referred to in regulation 27(c) attached to the container in which the urine sample is placed.

30Certificate under section 57A(5)

For the purposes of section 57A(5) of the Act, the prescribed particulars are the following—

(a)a statement by the approved expert that the person is an approved expert within the meaning of section 57A of the Act;

(b)a statement as to the usual effect of a specified substance or substances on behaviour when consumed or used in that concentration (including its effect on a person's ability to drive properly);

(c)the name and signature of the approved expert.

PART 3—EVIDENCE RELATING TO SPEEDING AND OTHER OFFENCES

Division 1—Road safety cameras and prescribed processes

31Offences detected by road safety cameras or prescribed processes—operator onus offences

For the purposes of section 66 of the Act, a prescribed offence is—

(a)an offence against the Act or the Road Safety Road Rules 2017[1] which involves a driver exceeding the applicable speed limit; and

(b)an offence against the Act or the Road Safety Road Rules 2017 which involves a driver disobeying a traffic signal, including where the vehicle enters a level crossing; and

(c)an offence against the Act or the Road Safety Road Rules 2017 which involves driving in a lane when not permitted to do so; and

(d)an offence against the Act or the Road Safety (Vehicles) Regulations 2021[2] which involves the use of a motor vehicle or trailer that is not registered; and

(e)an offence against the Road Safety Road Rules 2017 which involves a driver failing to wear a seatbelt; and

(f)an offence against the Road Safety Road Rules 2017 which involves a driver failing to ensure a passenger wears a seatbelt; and

(g)an offence against the Road Safety Road Rules 2017 which involves a driver touching a portable device when not permitted to do so; and

(h)an offence against the Road Safety Road Rules 2017 which involves a driver resting a portable device on the driver's body, on an item in the driver's lap, or on clothes worn by the driver.

32Prescribed road safety cameras

For the purposes of the definition of prescribed road safety camera in section 3(1) of the Act, the following are prescribed—

(a)the camera system known as the Gatso Meter R.L.C.;

(b)the camera system known as the DCD ROBOT Digital Smart Camera;

(c)the camera system known as the REDFLEXred-speed system;

(d)the camera system known as the REDFLEXred-speed HDX system;

(e)the camera system known as the ROBOT TRAFFIPAX TraffiStar SR520;

(f)the camera system known as the Gatsometer Digital Radar Camera System—Parabolic (DRCS-P);

(g)the camera system known as the Gatsometer Radar24-GS11;

(h)the camera system known as the Gatsometer GTC-GS11;

(i)the camera system known as the REDFLEX red-speed HDX Optical system;

(j)the camera system known as the PoliScan Speed;

(k)the camera system known as the PoliScan Speed Mobile;

(l)the camera system known as the Gatso T‑Series;

(m)the camera system known as the Gatso T‑Series Mobile;

(n)the camera system known as the Redflex Halo;

(o)the camera system known as the Jenoptik-One Task MobiCam DDS;

(p)the camera system known as the IDEMIA MESTAcompact.

33Prescribed process for the calculation of average speed

For the purposes of section 66 of the Act, the prescribed process is the following—

(a)a computer receives digital files from 2 or more road safety cameras and each digital file contains—

(i)an image of the same motor vehicle; and

(ii)data indicating the date on which, and the time and place at which, the image was captured by the road safety camera; and

(iii)data indicating the speed limit at the time and place where the image was captured;

(b)using the data in paragraph (a), the computer calculates the average speed of the motor vehicle in accordance with section 78(2) of the Act;

(c)the computer creates a digital file containing the matters referred to in paragraphs (a) and (b).

Division 2—Fixed analogue road safety cameras

34Use of fixed analogue RSC

For the purposes of sections 80, 80A and 84(7) of the Act, the prescribed manner of use of a fixed analogue RSC is that the person placing or removing the fixed analogue RSC or loading or unloading the film magazine into or from the fixed analogue RSC—

(a)checks the time, date and location code in the display of the fixed analogue RSC and makes any corrections that may be necessary to ensure that the correct data is displayed on the photograph printed from the reversal or negative film produced by the fixed analogue RSC; and

(b)checks the vehicle detector system to ensure that it is correctly monitoring the movement of vehicles at the location in the relevant direction of travel; and

(c)tests the fixed analogue RSC to ensure the correct activation of the fixed analogue RSC by vehicles passing over the detectors; and

(d)ensures that when the fixed analogue RSC is installed and left unattended it is kept in a locked housing.

Division 3—Fixed digital road safety cameras

35Testing of fixed digital RSC

For the purposes of sections 81, 83A(1) and 84(7) of the Act, the prescribed manner of testing a fixed digital RSC is that a testing officer who tests the speed calculation unit of the fixed digital RSC—

(a)is satisfied that the speed calculation unit is in a satisfactory operating condition and, in particular, that any maintenance carried out on the speed calculation unit has been carried out in a satisfactory manner; and

(b)is satisfied that the speed calculation unit is properly calibrated so that it indicates speed readings within a limit of error not greater than or less than 2 kilometres per hour or 2 per cent (whichever is greater) of the true speeds.

36Sealing of fixed digital RSC

For the purposes of sections 81, 83A(1) and 84(7) of the Act, the prescribed manner of sealing a fixed digital RSC is that the speed calculation unit of the fixed digital RSC is sealed—

(a)by the testing officer who carried out the test under regulation 35; and

(b)with a seal that effectively prevents interference with the time measuring or speed computing components of the speed calculation unit without breaking the seal.

37Use of fixed digital RSC

For the purposes of sections 80, 80A, 81, 83A(1) and 84(7) of the Act, the prescribed manner of use of a fixed digital RSC is that—

(a)the speed calculation unit (if any) has been tested in accordance with regulation 35 within 12 months before the occasion of its use; and

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

(c)the speed calculation unit (if any) has been sealed in accordance with regulation 36; and

(d)a person placing or removing the speed calculation unit or the fixed digital RSC or switching on or resetting the fixed digital RSC 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 that the correct data is recorded in the digital file; and

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

(iii)ensures that, when the speed calculation unit (if any) and the fixed digital RSC are installed and left unattended, they are kept in one or more locked housings.

Division 4—Mobile digital road safety cameras

38Testing of mobile digital RSC

For the purposes of sections 81, 83A(1) and 84(7) of the Act, the prescribed manner of testing a mobile digital RSC is that a testing officer who tests the speed calculation unit of the mobile digital RSC—

(a)is satisfied that the speed calculation unit is in a satisfactory operating condition and, in particular, that any maintenance carried out on the speed calculation unit has been carried out in a satisfactory manner; and

(b)is satisfied that the speed calculation unit is properly calibrated so that it indicates speed readings within a limit of error not greater than or less than 3 kilometres per hour or 3 per cent (whichever is greater) of the true speeds.

39Sealing of mobile digital RSC

For the purposes of sections 81, 83A(1) and 84(7) of the Act, the prescribed manner of sealing a mobile digital RSC is that the speed calculation unit is sealed—

(a)by the testing officer who carried out the test under regulation 38; and

(b)with a seal that effectively prevents interference with the time measuring or speed computing components of the speed calculation unit without breaking the seal.

40Use of mobile digital RSC

For the purposes of sections 80, 80A, 81, 83A(1) and 84(7) of the Act, the prescribed manner of use of a mobile digital RSC is that—

(a)the mobile digital RSC is used in accordance with operating instructions approved by a testing officer; and

(b)the speed calculation unit has been tested in accordance with regulation 38 within 12 months before the occasion of its use; and

(c)the speed calculation unit has been sealed in accordance with regulation 39 at the time that it was last tested.

Division 4A—Relocatable digital RSCs

*                *                *                *                *

40AUse of relocatable digital RSC

For the purposes of sections 80(1), 80A, 80B(2), 80C(2), 80D(2), 83A(1)(a) and 84(7) of the Act, the prescribed manner of use of a relocatable digital RSC is that—

(a)the relocatable digital RSC is used in accordance with operating instructions approved by a testing officer; and

(b)a person placing or removing the relocatable digital RSC—

(i)checks that the vehicle detector has been placed in position as specified by a manufacturer of relocatable digital RSCs or by a person who distributes or maintains them; and

(ii)ensures that when the relocatable digital RSC is installed and left unattended, the data processing unit is kept in one or more locked housings; and

(c)a person placing or removing the relocatable digital RSC or switching on or resetting the relocatable digital RSC 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 that the correct data is recorded in the digital file; and

(ii)checks that the vehicle detector is correctly responding to the movement of vehicles at the location in the relevant direction of travel.

40BDestruction of image or message produced by relocatable digital RSC

(1)Subject to regulation 40C(1), an image of, or message relating to, a natural person produced by a relocatable digital RSC that does not detect an offence specified in subregulation (4) must be destroyed within 24 hours of the image or message being produced by the relocatable digital RSC.

(2)Subject to regulation 40C(1), an image of, or message relating to, a natural person produced by a relocatable digital RSC must be destroyed within the time period specified in subregulation (3) if the image or message—

(a)is initially assessed as having detected an offence specified in subregulation (4); and

(b)it is subsequently established that the image or message does not detect an offence specified in subregulation (4).

(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.

(3)For the purposes of subregulation (2), the specified time period by which an image or message must be destroyed is (whichever is the earlier)—

(a)within 30 days of the date on which it is established in accordance with subregulation (2)(b) that the image or message does not detect an offence specified in subregulation (4); or

(b)within 12 months of the image or message being produced by the relocatable digital RSC.

(4)For the purposes of subregulations (1) and (2), the following offences are specified—

(a)a seatbelt offence referred to in rule 264(1) and 264A(1) of the Road Safety Road Rules 2017;

(b)a portable device offence referred to in rules 304J(1) and (3) of the Road Safety Road Rules 2017.

40CStorage of image or message produced by relocatable digital RSC

(1)An image or message referred to in regulation 40B(1) and (2) may be stored for a period not exceeding 6 months for the following purposes—

(a)to test or improve the operation of the relocatable digital RSC;

(b)to monitor the operations of a contractor under an administrative services agreement in accordance with Part 14A of the Fines Reform Act 2014.

(2)In this regulation—

administrative services agreement has the same meaning as in section 173A of the Fines Reform Act 2014;

contractor has the same meaning as in section 173A of the Fines Reform Act 2014.

40DReference to image or message produced by relocatable digital RSC

For the purposes of this Division, a reference to an image of or message relating to a natural person produced by a relocatable digital RSC includes a reference to any video related to or data associated with that image or message.

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.

Division 5—Speed detectors

41Prescribed speed detectors

For the purposes of the definition of prescribed speed detector in section 3(1) of the Act, the following speed detectors are prescribed—

(a)a digitector;

(b)the following laser devices—

(i)the Prolaser III;

(ii)the Pro-Lite;

(iii)the Pro-Lite+;

(iv)the ProLaser 4 (also known as the PROLASER 4);

(c)the following radar devices—

(i)the HR4;

(ii)the Falcon (also known as the FALCON);

(iii)the Stalker Dual DSR (also known as the STALKER DUAL DSR);

(iv)the Directional Golden Eagle II (also known as the DIRECTIONAL GOLDEN EAGLE II);

(v)the Falcon HR;

(vi)the Raptor RP-1;

(vii)the Directional Talon (also known as the DIRECTIONAL TALON);

(viii)the Stalker II SDR (also known as the STALKER II SDR);

(ix)the Eagle 3 (also known as the EAGLE 3).

42Testing of speed detectors

For the purposes of section 79 of the Act, the prescribed manner of testing a speed detector is that the testing officer who tests the device—

(a)is satisfied that the device is in a satisfactory electrical condition; and

(b)is satisfied that the device is properly calibrated so that it indicates the speed readings within a limit of error not greater or less than 2 km per hour of the true speeds.

43Sealing of speed detectors

For the purposes of section 79 of the Act, the prescribed manner of sealing a speed detector is that the speed detector is sealed—

(a)by the testing officer who carried out the test under regulation 42; and

(b)with a seal or electronic seal, or combination of both, that effectively prevents interference with the time measuring or speed computing components of the device without breaking the seal.

44Use of digitectors

For the purposes of section 79 of the Act, the prescribed manner of use of a digitector is that—

(a)the 2 vehicle detectors which form part of the digitector are positioned across the road approximately parallel to each other at a distance of 25 metres apart within a limit of error that is not greater than 75 millimetres when used with the time measuring and speed computing components of the device for determining the speed at which a motor vehicle travels on a road; and

(b)the digitector has been tested in accordance with regulation 42 within a period of 2 years before the occasion of its use; and

(c)the digitector has been sealed in accordance with regulation 43 at the time that it was last tested.

45Use of laser devices

For the purposes of section 79 of the Act, the prescribed manner of use of a laser device is that—

(a)the operator ensures that all elements of the speed display are illuminated; and

(b)the operator activates the device with the device aimed in the direction of a motor vehicle within the operator's field of vision and observes the reading displayed on the digital speed display; and

(c)the device has been tested in accordance with regulation 42 within 12 months before the occasion of its use; and

(d)the device has been sealed in accordance with regulation 43 at the time that it was last tested.

46Use of radar devices

For the purposes of section 79 of the Act, the prescribed manner of use of a radar device is that—

(a)the operator ensures that—

(i)in the case of the Falcon HR, the Raptor RP-1 and the Eagle 3, all of the elements of the digital speed display are illuminated; and

(ii)in the case of all other radar devices, a reading of (888) is displayed on the digital target speed display; and

(b)the doppler audio signal of the radar device is set at a level clearly audible to the operator who may take a reading if the signal indicates normal operation; and

(c)in the case of the HR4, the Falcon, the Falcon HR, the Directional Talon and the Stalker II SDR, the operator activates the device with the device aimed in the direction of a motor vehicle within the operator's field of vision and observes the reading displayed on the digital target speed display; and

(d)in the case of the Stalker Dual DSR, the Directional Golden Eagle II, the Raptor RP‑1 and the Eagle 3, the operator activates the device with the antenna set in the direction of a motor vehicle within the operator's vision and observes the reading displayed on the digital target speed display; and

(e)the device has been tested in accordance with regulation 42 within 12 months before the occasion of its use; and

(f)the device has been sealed in accordance with regulation 43 at the time that it was last tested.

Division 6—Prescribed processes

47Process for production of printed image

(1)For the purposes of sections 80(1)(b), 80A, 80B(2)(b), 80C(2)(b), 80D(2)(b), 80E(2)(b), 81(1)(c) and (2), 83A(1), 83B(1) and 84(7) and (7A) of the Act, the prescribed process of producing an image or message is that—

(a)a printed image is produced from a digital file; and

(b)the data contained in the digital file has been verified by a computer—

(i)decrypting that digital file; and

(ii)recalculating the checksum produced for that file; and

(iii)confirming that the checksum produced by the recalculation is identical to the checksum contained in that file; and

(c)the printed image contains an image derived from the digital file (with or without decompressing the image) and a message containing data relating to an offence referred to in section 66A of the Act or regulation 31.

(2)An image or message is produced in accordance with subregulation (1) whether or not the printed image contains—

(a)a marker, derived from data in the digital file, on a motor vehicle that appears in the printed image; or

(b)a message stating the speed of the marked motor vehicle.

Division 7—Other matters

48Interference with road safety cameras

A person must not, without reasonable excuse, interfere with a road safety camera or any seal affixed to a road safety camera or any housing in which a road safety camera is placed or installed.

Penalty:5 penalty units.

49Interference with speed detectors

A person must not, without reasonable excuse, interfere with a speed detector or any seal affixed to a speed detector or any housing in which a speed detector is placed or installed.

Penalty:5 penalty units.

50Record-keeping requirements

(1)A testing officer who tests a fixed digital RSC in accordance with regulation 35 must—

(a)record the results of the test, including a statement showing the speed readings of the speed calculation unit and the true speeds; and

(b)retain the results referred to in paragraph (a) for at least 7 years.

(2)A testing officer who seals a speed calculation unit in accordance with regulation 36 must—

(a)record the following particulars—

(i)the identification number of the speed calculation unit;

(ii)the date on which the test was carried out;

(iii)the manner in which the speed calculation unit was sealed; and

(b)sign the record of the results referred to in paragraph (a); and

(c)retain the record of the results referred to in paragraph (a) for at least 7 years.

(3)A testing officer who tests a mobile digital RSC in accordance with regulation 38 must—

(a)record the results of the test, including a statement showing the speed readings of the speed calculation unit and the true speeds; and

(b)retain the results referred to in paragraph (a) for at least 7 years.

(4)A testing officer who seals a speed calculation unit in accordance with regulation 39 must—

(a)record the following particulars—

(i)the identification number of the speed calculation unit;

(ii)the date on which the test was carried out;

(iii)the manner in which the speed calculation unit was sealed; and

(b)sign the record of the results referred to in paragraph (a); and

(c)retain the record of the results referred to in paragraph (a) for at least 7 years.

(5)A testing officer who tests a speed detector in accordance with regulation 42 must—

(a)record the results of the test; and

(b)record the date of the test and the ambient temperature at the time of the test; and

(c)retain the results referred to in paragraphs (a) and (b) for at least 7 years.

(6)A testing officer who seals a speed detector in accordance with regulation 43 must—

(a)record the following particulars—

(i)the identification number of the detector;

(ii)the date on which the test was carried out;

(iii)the manner in which the detector was sealed; and

(b)sign the record of the results referred to in paragraph (a); and

(c)retain the record of the results referred to in paragraph (a) for at least 7 years.

51Certificate as to testing and sealing road safety camera or speed detector

(1)For the purposes of section 83 of the Act, the prescribed form is the form set out in Schedule 3.

(2)A testing officer is authorised to sign the form referred to in subregulation (1).

51AClasses 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).

Division 8—Engine management system reading devices

52Specified engine management system reading devices

For the purposes of sections 14(1A) and 79A of the Act, the following engine management system reading devices are specified—

(a)a Pro-Link GRAPHIQ that has been fitted with—

(i)an application cartridge applicable to the type of engine to be tested; or

(ii)a multi-protocol cartridge containing an application card applicable to the type of engine to be tested;

(b)a computer that is running a version or variant of one or more of the following types of software—

(i)Detroit Diesel Diagnostic Link;

(ii)Cummins Insite;

(iii)Cat Electronic Technician.

53Use of engine management system reading device

For the purposes of section 14(1A) of the Act, an engine management system reading device is used in accordance with these Regulations if—

(a)it is connected to the electronic control module of a vehicle; and

(b)the information contained in that electronic control module relevant to the vehicle's operation is transferred—

(i)in the case of an engine management system reading device specified in regulation 52(a), to a printer connected to the device; or

(ii)in the case of an engine management system reading device specified in regulation 52(b), into the device's memory.

54Obtaining information from an engine management system reading device

For the purposes of section 79A of the Act—

(a)an engine management system reading device is operated in the specified manner if the engine management system reading device is connected to the electronic control module of a vehicle; and

(b)information held in a vehicle's engine management system is derived in accordance with these Regulations if the information contained in the electronic control module relevant to the vehicle's operation is transferred—

(i)in the case of an engine management system reading device specified in regulation 52(a), to a printer connected to the device; or

(ii)in the case of an engine management system reading device specified in regulation 52(b), into the device's memory.

PART 4—VEHICLE IMPOUNDMENT, IMMOBILISATION AND FORFEITURE

55Content of notice of impoundment or immobilisation

For the purposes of section 84L(h) of the Act, the prescribed particulars are the following—

(a)the driver's address, gender and date of birth;

(b)the number, type and expiry date of the driver's driver licence or learner permit;

(c)if the driver is not the registered operator of the motor vehicle—

(i)the name, address and other details of the registered operator; or

(ii)if the motor vehicle is not registered and the Chief Commissioner of Police is able to establish the identity of the owner of the motor vehicle, the name, address and other details of the owner;

(d)if the motor vehicle is moved to a holding yard by use of a tow truck, the name and business address of the operator of the tow truck;

(e)the details of the police officer who seized the motor vehicle or required it to be surrendered;

(f)advice that it is an offence to move an impounded or immobilised motor vehicle without authorisation;

(g)if the notice is given to the registered operator of the motor vehicle who is not the owner or sole owner of the motor vehicle, advice that the registered operator must take reasonable steps to serve a copy of the notice on any owner as soon as reasonably practicable;

(h)if the notice is given to an owner of the motor vehicle who is not the sole owner of the motor vehicle, advice that the owner must take reasonable steps to serve a copy of the notice on any other owner as soon as reasonably practicable.

56Evidence of identity and entitlement to recover vehicle

(1)For the purposes of section 84Q(1)(c) of the Act, satisfactory evidence of the identity and entitlement to recover a motor vehicle of a person who is the registered operator of the motor vehicle is—

(a)the production or display (as the case requires) of the person's current driver licence document or learner permit document bearing a photograph of the person; or

(b)other evidence that in the reasonable opinion of a police officer satisfactorily establishes the person's identity and entitlement to recover the vehicle.

(2)For the purposes of section 84Q(1)(c) of the Act, satisfactory evidence of the identity and entitlement to recover a motor vehicle of a person who is not the registered operator of the motor vehicle is—

(a)evidence of the person's identity in the form of—

(i)the person's current driver licence document or learner permit document bearing a photograph of the person; or

(ii)other evidence that in the reasonable opinion of a police officer satisfactorily establishes the person's identity; and

(b)evidence of entitlement to recover the motor vehicle in the form of—

(i)a written statement signed by the registered operator of the motor vehicle authorising the release of the motor vehicle to the person; or

(ii)other evidence that in the reasonable opinion of a police officer satisfactorily establishes the person's entitlement to recover the motor vehicle.

57Form of search and seizure warrant

For the purposes of section 84ZH(4) of the Act, the prescribed form is the form in Schedule 4.

58Form of report on execution of warrant

For the purposes of section 84ZO(2)(a) of the Act, the prescribed form is the form in Schedule 5.

PART 5—EVIDENCE RELATING TO MASS OF VEHICLES

59Prescribed portable weighing devices

For the purposes of section 82(1) of the Act, the prescribed device is a portable mechanical or electrical device capable of determining the mass carried on any axle or axles of a motor vehicle or trailer.

60Testing of portable weighing devices

(1)For the purposes of section 82(1) of the Act, a portable weighing device is tested in the prescribed manner if—

(a)the load applied for the purposes of testing a portable weighing device is one tonne or more for a single device and 2 tonnes or more for a pair of devices; and

(b)a person authorised by the Secretary under subregulation (5) is satisfied that the device operates within the limits of error in regulation 61; and

(c)in the case of portable weighing devices tested in pairs—

(i)each device is used only with the other device with which it was tested; and

(ii)the prescribed limit of error is calculated on the sum of the readings of the 2 devices; and

(iii)the devices are either passed or failed together.

(2)A portable weighing device must be tested by a person authorised by the Secretary under subregulation (5)—

(a)before it is first used; and

(b)at least once every 12 months after it is first used.

(3)The person who carried out the test under subregulation (1) must ensure that full and accurate records of all portable weighing devices tested are kept for at least 7 years, including—

(a)the identification number of each device; and

(b)the date on which the test was carried out; and

(c)the results of the test.

(4)The records of the test must be signed by the person who carried out the test.

(5)For the purposes of this regulation, the Secretary may authorise in writing a suitably qualified person to test a portable weighing device.

61Prescribed limits of error for portable weighing devices

For the purposes of section 82(1) of the Act, the prescribed limit of error for a portable weighing device is not more than 2 per cent greater than or less than the weight at which calibration is effected.

62Sealing of portable weighing devices

(1)For the purposes of section 82(1) of the Act, a portable weighing device is sealed in the prescribed manner if—

(a)the device has been tested in accordance with regulations 60 and 61 and the device has satisfied the test requirements; and

(b)the device is sealed by the person who carried out the test; and

(c)the device is sealed with a seal which effectively prevents interference with the mechanism or circuitry of the device without breaking the seal.

(2)The person who carried out the test under regulation 60(1) must ensure that full and accurate records of all portable weighing devices sealed are kept for at least 7 years, including—

(a)the identification number of each device sealed; and

(b)the date on which the device was sealed; and

(c)the manner in which the device was sealed.

(3)The records in subregulation (2) must be signed by the person who sealed the device.

(4)If, at any time after a portable weighing device is sealed, a repair, alteration or adjustment (other than setting the reading to zero) is made to its mechanism or circuitry, the device must be tested again in accordance with regulation 60 and sealed again in accordance with this regulation.

63Use of portable weighing devices

For the purposes of section 82(1) of the Act, a portable weighing device is used in the prescribed manner if—

(a)to ascertain the mass carried on a single axle—

(i)the device is placed under each of any 2 tyres on the axle so that the whole mass borne by the axle is borne by or on the device; and

(ii)the reading on the device used to ascertain the mass is taken while the axle load is borne by or on the device; and

(iii)in the case of more than one device being used to ascertain the mass, the mass carried on the axle is calculated as the sum of the readings of each of the devices; and

(b)to ascertain the mass carried on a group of axles, the mass carried on the axles is calculated as the sum of the mass carried on all the axles comprising the group.

64Certificate as to testing and sealing portable weighing devices

(1)For the purposes of section 83 of the Act, the prescribed form is the form in Schedule 3.

(2)A person authorised by the Secretary under regulation 60(5) who tests and seals portable weighing devices is authorised to sign a certificate for the purposes of section 83 of the Act.

65Interference with portable weighing devices

A person must not, without reasonable excuse, interfere with the mechanism or circuitry of a portable weighing device or the seal affixed to such a device.

Penalty:5 penalty units.

PART 6—PARKING INFRINGEMENTS

66Infringement penalties for parking infringements

For the purposes of section 87(3) of the Act, the infringement penalty for a parking infringement specified in an item in column 3 of Schedule 6 is the amount prescribed in column 4 of that Schedule for that parking infringement.

Note

The infringement penalty for a parking infringement may be varied by a municipal council or relevant public authority under section 87(4) of the Act.

67Service of parking infringement notices

For the purposes of section 87 of the Act, a parking infringement notice may be served in accordance with section 12 of the Infringements Act 2006.

68   Summaries of parking infringements in Schedule 6

A summary of a parking infringement in Schedule 6 is not to be taken to affect the nature or elements of the infringement to which the summary refers or the operation of these Regulations.

PART 7—TRAFFIC INFRINGEMENTS

69Prescribed traffic infringements

For the purposes of paragraph (a) of the definition of traffic infringement in section 3(1) of the Act, an offence set out in column 3 of Schedule 7 is a prescribed offence for the purposes of Part 7 of the Act.

70Infringement penalties for traffic infringements

For the purposes of section 88(5) of the Act, the infringement penalty for a traffic infringement specified in an item in column 3 of Schedule 7 is the amount prescribed in column 4 of that Schedule for that traffic infringement.

71Prescribed details of traffic infringement notice

(1)For the purposes of section 88(2)(c) of the Act, the additional prescribed details are—

(a)in the case of a traffic infringement notice issued in respect of an offence prescribed in regulation 31—

(i)the words "The Operator"; and

(ii)a statement that it is a traffic infringement notice issued in relation to an offence detected by a road safety camera; and

(b)if the alleged traffic infringement arises out of driving or being in charge of a motor vehicle or trailer, the registration number or other identification of the motor vehicle or trailer; and

(c)if the traffic infringement notice relates to an alleged drink-driving infringement or an alleged excessive speed infringement—

(i)a statement that it is issued in respect of a drink‑driving infringement or excessive speed infringement

(as the case requires); and

(ii)a statement that unless a notice of objection is received at the address specified in the notice within 28 days after the date of the notice, the notice will take effect as a conviction and will result in cancellation or suspension of the driver licence or learner permit of the person on whom it is served; and

(d)if the traffic infringement notice relates to an alleged drug-driving infringement—

(i)a statement that it is issued in respect of a drug-driving infringement; and

(ii)a statement that unless a notice of objection is received at the address specified in the notice within 28 days after the date of the notice, the notice will take effect as a conviction and will result in suspension of the driver licence or driver permit of the person on whom it is served; and

(e)if the notice is issued in respect of an alleged offence prescribed in regulation 31, a statement that a copy of the image or message produced by a road safety camera of the alleged traffic infringement may be inspected or purchased and the manner in which the inspection or purchase may be arranged; and

(f)if the notice is issued in respect of an alleged drink‑driving infringement, drug-driving infringement or excessive speed infringement under section 89A of the Act, the address of the person to whom a notice of objection is to be sent.

Note

These details are in addition to the prescribed details that are required to be included in an infringement notice under regulation 14 of the Infringements Regulations 2016[3].

(2)A traffic infringement notice issued in respect of a drink-driving infringement, drug-driving infringement or excessive speed infringement under section 89A of the Act may be accompanied by—

(a)a notice setting out in summary form—

(i)the consequences of paying or failing to pay the infringement penalty; and

(ii)the consequences of giving or failing to give a notice of objection; and

(b)a form of notice of objection.

72Summaries of traffic infringements in Schedule 7

A summary of a traffic infringement set out in Schedule 7 is not to be taken to affect the nature or elements of the offence to which the summary refers or the operation of these Regulations.

73Withdrawal of traffic infringement notice

For the purposes of sections 88(3) and 89A(7)(c) of the Act, a withdrawal notice—

(a)must be served in accordance with section 93 of the Act; and

(b)must contain the following particulars—

(i)the name and address of the person on whom the traffic infringement notice was served;

(ii)the number and date of issue of the traffic infringement notice;

(iii)a statement that the traffic infringement notice has been withdrawn;

(iv)if it is intended that proceedings in the Magistrates' Court be instituted against the person in respect of the alleged traffic infringement, a statement to that effect;

(v)if a payment has been made in respect of the infringement penalty, a statement that the amount paid will be refunded.

74Proof of prior convictions or findings of guilt

(1)For the purposes of section 90(1) of the Act, a document setting out particulars of alleged prior convictions or findings of guilt must contain the following particulars—

(a)the name and address of the person to whom it applies;  

(b)in respect of each alleged prior conviction or finding of guilt—

(i)the court that convicted the person or found the person guilty; and

(ii)the date of the alleged conviction or finding of guilt; and

(iii)a short description of the alleged offence.

(2)For the purposes of section 90(2)(a) of the Act, the prescribed particulars are a statement that the document will be admissible as evidence that the person has been previously convicted or found guilty as alleged if—

(a)the person does not appear in answer to the summons served with the notice; and

(b)the person is convicted or found guilty of the infringement alleged in the summons.

PART 8—OPERATOR ONUS

75Prescribed period for making statements

(1)Subject to subregulation (2), for the purposes of sections 84BE(1)(a) and 84BF(1)(a) of the Act, the prescribed period is—

(a)in the case of an infringement notice issued in respect of an excessive speed infringement, the period beginning on the date of the notice and ending immediately before the earlier of—

(i)a conviction taking effect under section 89A(2) of the Act; and

(ii)a notice of objection being given under section 89A(4) of the Act; and

Note

Under section 89A(2) of the Act, a traffic infringement notice that is issued in respect of an excessive speed infringement takes effect as a conviction for the offence specified in the notice 28 days after the date of the notice.

(b)in the case of an infringement notice issued in respect of any other operator onus offence—

(i)if the infringement notice was issued to a person other than a child within the meaning of the Fines Reform Act 2014 and the fine is an infringement fine within the meaning of that Act that may be registered under section 16 of that Act, the period beginning on the date of the notice and ending immediately before the infringement fine is registered under section 16 of that Act; or

(ii)if the infringement notice for that offence was issued to a child, the period beginning on the date of the notice and ending immediately before the infringement penalty in respect of that offence is registered under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005; or

(iii)if subparagraphs (i) and (ii) do not apply, the period beginning on the date of the notice and ending immediately before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates.

199		8378	RR 154(1), 154A(1), 154A(3), 154A(5), 156(1), and 157(1)	1 penalty unit	Drive unlawfully in bus, transit or truck lane
200		2144	RSA 60 and 60A	6 penalty units	An owner or a relevant nominated person failing to provide information when required
201		2522	RR 96(1)	1 penalty unit	Stop on a keep clear marking
202		2523	RR 151(1) and 151(2)	1 penalty unit	Ride motor bike more than 2 abreast
203		2524	RR 150(1)	1 penalty unit	Drive over continuous white edge line
204		2525	RR 298(1)	2 penalty units	Drive motor vehicle with person in attached trailer
*                *                *                *                *
206		2527	RR 115(1)	1×75 penalty units	Fail to comply with roundabout requirements
207		2143	RS(V)R 293, 294(1)	4 penalty units	Use, or cause or permit use of, vehicle that has been modified, or does not comply with the standards for registration
207A		2860	RS(V)R 295(1), 295(2)	4 penalty units	Use, or cause or permit use of, unsafe vehicle
207B		2861	RS(V)R 295(3)	1 penalty unit	Use motor vehicle with projecting equipment or fitting
208		2145	RS(V)R 277	2 penalty units	Remove or deface defective vehicle label
208A		2862	RS(V)R 270	1 penalty unit	Fail to give a vehicle defect notice, or cause a vehicle defect notice to be given, to the registered operator of the vehicle
209		2147	RS(V)R 272(1)	4 penalty units	Use or permit use of light vehicle in breach of major vehicle defect notice
210		2148	RS(V)R 272(1)	1·5 penalty units	Use or permit use of light vehicle in breach of minor vehicle defect notice
211		8387	RS(V)R 218(1), 218(2), 218(3)	2⸱5 penalty units	Use or cause or permit use of vehicle without warning signal for rear projection
212		7394	RS(TM)R 27	1 penalty unit	Drive a vehicle on a road in an organised procession or parade without permission
212A		7395	RS(TM)R 28(1)	1 penalty unit	Hold a race on a road without permission or not in compliance with the permission
212B		7396	RS(TM)R 31(1)	1 penalty unit	Conduct a highway collection on a road without permission or not in compliance with the permission
212C		0951	RR 77A	0·5 penalty unit	Interfere with, or interrupt, a funeral procession.
Mass limits
213		4451	RSA 174(1)	7×5 penalty units	Operator of vehicle in breach of mass limit—minor risk breach, where operator is a body corporate
214		4452	RSA 174(1)	1×5 penalty units	Operator of vehicle in breach of mass limit—minor risk breach, where the operator is not a body corporate
215		4453	RSA 174(1)	10 penalty units	Operator of vehicle in breach of mass limit—substantial risk breach, 5% or more excess but less than 10% excess, where operator is a body corporate
216		4454	RSA 174(1)	2 penalty units	Operator of vehicle in breach of mass limit—substantial risk breach, 5% or more excess but less than 10% excess, where operator is not a body corporate
217		4455	RSA 174(1)	20 penalty units	Operator of vehicle in breach of mass limit—substantial risk breach, 10% or more excess but less than 15% excess, where operator is a body corporate
218		4456	RSA 174(1)	4 penalty units	Operator of vehicle in breach of mass limit—substantial risk breach, 10% or more excess but less than 15% excess, where operator is not a body corporate
219		4457	RSA 174(1)	20 penalty units	Operator of vehicle in breach of mass limit—substantial risk breach, 15% or more excess but less than 20% excess, where operator is a body corporate
220		4458	RSA 174(1)	10 penalty units	Operator of vehicle in breach of mass limit—substantial risk breach, 15% or more excess but less than 20% excess, where operator is not a body corporate
221		4459	RSA 175(1)	1×5 penalty units	Driver of vehicle in breach of mass limit—minor risk breach
222		4460	RSA 175(1)	2 penalty units	Driver of vehicle in breach of mass limit—substantial risk breach, 5% or more excess but less than 10% excess
223		4461	RSA 175(1)	4 penalty units	Driver of vehicle in breach of mass limit—substantial risk breach, 10% or more excess but less than 15% excess
224		4462	RSA 175(1)	10 penalty units	Driver of vehicle in breach of mass limit—substantial risk breach, 15% or more excess but less than 20% excess
Limits and requirements other than mass limits
225		4463	RSA 174(1)	7×5 penalty units	Operator of vehicle in breach of width, length or height limit or load restraint requirement—minor risk breach, where operator is a body corporate
226		4464	RSA 174(1)	1×5 penalty units	Operator of vehicle in breach of width, length or height limit or load restraint requirement—minor risk breach, where operator is not a body corporate
227		4465	RSA 174(1)	20 penalty units	Operator of vehicle in breach of width, length or height limit or load restraint requirement—substantial risk breach, where operator is a body corporate
228		4466	RSA 174(1)	4 penalty units	Operator of vehicle in breach of width, length or height limit or load restraint requirement—substantial risk breach, where operator is not a body corporate
229		4467	RSA 175(1)	1×5 penalty units	Driver of vehicle in breach of width, length or height limit or load restraint requirement—minor risk breach
230		4468	RSA 175(1)	4 penalty units	Driver of vehicle in breach of width, length or height limit or load restraint requirement—substantial risk breach
231		4474	RS(V)R 213(1), 213(2), 213(3), 214(1), 214(2), 214(3), 215(1), 215(2), 215(3), 216(1), 216(2), 216(3), 217(1), 217(2), 217(3)	2·5 penalty units	Use, or cause or permit use of, light vehicle exceeding permitted dimensions
Directions and orders
232		4475	RSA 168(1)	20 penalty units	Failure by a body corporate to comply with a direction of inspector
233		4476	RSA 168(1)	10 penalty units	Failure by a person other than a body corporate to comply with a direction of inspector
234		4477	RSA 168(2)	20 penalty units	Failure by a body corporate to comply with condition imposed under direction or authorisation
235		4478	RSA 168(2)	10 penalty units	Failure by a person other than a body corporate to comply with condition imposed under direction or authorisation
Bicycles and electric scooters
*                *                *                *                *
237		2221	RR 304(1)	2 penalty units	Fail to obey traffic direction given by police officer or authorised person
238		8332	RR 57(3) and 61(5)	1 penalty unit	Fail to leave intersection as soon as possible if bicycle crossing lights change to red while in intersection; Fail to leave intersection as soon as possible if unable to stop and entering intersection on yellow light; Fail to clear intersection as soon as possible if lights change to red while in the intersection
239		2222	RR 56(1), 56(2), 57(1), 57(2), 59(1), 60, 61(2), 65(2), 66(1), 66(4), 152(1), 244K(1), 244L(1), 244M(1), 260(1), 260(2), 261(1) and 262(1)	2×5 penalty units	Fail to obey traffic lights
240		2223	RR 34(1), 36, 39(1), 39(2), 41, 88(1), 88(2), 89(1), 89(2), 90, 91(1), 91(2), 93(1), 94, 98(1), 100, 252(1) and 252(1A)	1 penalty unit	Fail to obey traffic sign (other than a traffic sign referred to in Code 2239 or 2240)
241		2224	RR 129(1), 132(1) and (2A)	1 penalty unit	Fail to keep left
242		8383	RR 132(2)	1 penalty unit	Ride over or conduct a U-turn over a continuous single line, continuous single to left of broken line or double lines
243		2226	RR 38, 64, 72(1), 73(1), 74(1), 75(1), 77(1), 78(1), 78(2), 79(1), 81(2), 83, 84(1), 87(1), 114(1), 114(2), 164(1), 164A(1), 247B(1) and 247B(2)	1 penalty unit	Fail to give way
244		8331	RR 48(1)	1 penalty unit	Fail to give signal
245		2228	RR 258 and 259	1×25 penalty units	Fail to have lights or equipment
246		2229	RR 27(1), 28(1), 28(1A), 28(2A), 29(1), 31(1), 32(1), 32(2A), 33(1), 245, 246(1), 246(2), 246(3), 247A(1) and 255	1 penalty unit	Riding improperly
247		8357	RR 257(1)	1×25 penalty units	Bicyclist carry person in bicycle trailer while bicyclist is under 16, or passenger over 10, or without helmet
248		2230	RR 247(1), 249, 250(1), 250(2),  250(2A), 251(1) and 251(2)	1 penalty unit	Misuse bicycle path, separated footpath or shared path or footpath or fail to use bicycle lane
249		2231	RR 254(1) and 254(2)	1×25 penalty units	Bicycle or electric scooter drawn by other vehicle
250		2232	RR 151(1) and 151(2)	1 penalty unit	Ride more than 2 abreast
251		2233	RR 256(1) and 256(2)	1×25 penalty units	Rider or passenger of a bicycle failing to wear securely fitted approved bicycle helmet
251A		4484	RR 256(1)	2 penalty units	Rider of an electric scooter failing to wear securely fitted approved bicycle helmet
252		2234	RR 256(3)	1×25 penalty unit	Use a bicycle to carry a person who is not wearing a securely fitted approved bicycle helmet
253		2235	RR 137(1), 138(1), 289(1) and 290	1 penalty unit	Ride on dividing strip, nature strip, painted island or traffic island when not permitted
254		2236	RR 248(1) and 248(2)	1 penalty unit	Ride across a children's, pedestrian or marked foot crossing
255		2237	RR 141(2)	1 penalty unit	Overtake to left of left turning vehicle
256		2238	RR 115(1)	1 penalty unit	Fail to comply with roundabout requirements
257		2239	RR 67(1), 68(1), 101(1) and 101(2)	2 penalty units	Fail to obey stop, stop here on red signal or stop here on red arrow sign
258		2240	RR 69(1), 70, 71(1) and 101A(1)	2 penalty units	Fail to obey give way sign; Fail to obey arrester bed or safety ramp sign
259		8329	RR 37	2 penalty units	Perform unsafe U‑turn
260		8336	RR 80(2), 80(3) and 80(4)	2×5 penalty units	Fail to stop and remain stationary at children's crossing
261		8337	RR 82	2×5 penalty units	Pass stopped vehicle at children's crossing or pedestrian crossing
262		8339	RR 92(1)	1×25 penalty units	Fail to obey traffic lane arrow
263		8340	RR 95(1)	2 penalty units	Fail to obey emergency stopping lane only sign
264		8341	RR 121, 122 and 123	5 penalty units	Fail to stop or give way at level crossing
265		8342	RR 126	1×5 penalty units	Fail to drive sufficient distance behind a vehicle
266		8343	RR 131(1)	1×75 penalty units	Fail to keep left of oncoming vehicle
267		8344	RR 135(1)	2 penalty units	Drive on wrong side of divided road
268		8345	RR 136	1×75 penalty units	Drive in wrong direction on a one‑way service road
269		8346	RR 142(1) and 143(2)	2 penalty units	Pass to right of right turning vehicle or a vehicle making a U‑turn from the centre of the road
270		8348	RR 143(1) and (1A)	2 penalty units	Overtake vehicle with DO NOT OVERTAKE TURNING VEHICLE sign on left
271		8350	RR 144	2 penalty units	Fail to leave enough room when overtaking, or cut in too soon
271A		8395	RR 144A(1) and  144A(1A)	2 penalty units	Fail to pass a bicycle or an electric scooter at a sufficient distance
272		8351	RR 148(1), 148(2) and 148A	1×5 penalty units	Improperly overtake or pass or change lanes or line of traffic without giving way
273		8353	RR 160(2) and 160(3)	2 penalty units	Pass to right or left of tram
274		8355	RR 162(1) and 163(1)	2×5 penalty units	Fail to keep left of safety zone or stop behind tram
Pedestrians
275		2241	RR 304(1)	2 penalty units	Fail to obey traffic direction given by police officer or authorised person
276		2242	RR 231(1) and 232(1)	0×5 penalty unit	Fail to obey traffic lights
277		2243	RR 230(1), 233(1), 233(2), 234(2), 238(1), 238(2) and 239(1)	0×5 penalty unit	Walk improperly on road
278		2244	RR 237(1) and 269(1)	0×5 penalty unit	Alight from or board moving vehicle
279		2245	RR 234(1)	0×5 penalty unit	Crossing road within 20 metres of pedestrian crossing
280		2246	RR 235(1), 235(2), 235(2A) and 235A(2)	0×5 penalty unit	Cross level crossing when not permitted
289		2247	RR 239(3)	0×5 penalty unit	Fail to give way when crossing a bicycle path or separated footpath
290		2248	RR 236(4), 401(1) and 401(2)	0×5 penalty unit	Person on road or in vehicle soliciting contributions or employment, hitchhike, buy, sell, clean etc.
291		2249	RR 228 and 229	1×75 penalty units	Fail to obey no pedestrians sign or road access sign
Signs
292		2501	RR 34(1), 39(1), 39(2), 40, 41, 43, 43A, 88(1), 88(2), 89(1), 89(2), 90, 91(1), 91(2), 159(1) and 212(1)	1×25 penalty units	Fail to obey turn prohibition or requirement sign or marking
293		2502	RR 98(1) and 100	2 penalty units	Fail to obey one‑way or no entry sign
294		2503	RR 93(1) and 94	2 penalty units	Fail to obey no overtaking or passing or no overtaking on bridge sign
295		2504	RR 99(1) and 99(2)	1 penalty unit	Fail to obey keep left or keep right sign
296		2505	RR 67(1), 68(1), 101(1) and 101(2)	2 penalty units	Fail to obey stop sign
297		2506	RR 69(1), 70 and 71(1)	2 penalty units	Fail to obey give way sign
298		2507	RR 95(1)	2 penalty units	Fail to obey emergency stopping lane only sign
299		2511	RR 104(1), 104(2) and 104(3)	1 penalty unit	Fail to obey no trucks sign
300		2512	RR 105 and 107	2 penalty units	Fail to obey trucks must enter or buses must enter sign
301		2517	RR 97(1)	1 penalty unit	Disobey information on road access sign
302		2518	RR 106(1), 106(2) and 106(3)	1 penalty unit	Fail to obey no buses sign
303		8338	RR 92(1)	1×25 penalty units	Fail to obey traffic lane arrow
304		8335	RR 101A(1)	2 penalty units	Fail to obey safety ramp or arrester bed sign
305		2509	RS(V)R 283(1), 283(2)	5 penalty units	Fail to obey low clearance or clearance sign
306		2513	RS(V)R 282(1), 282(3), 282(4)	1·5 penalty units	Exceed mass limit sign by up to 1 tonne
307		2514	RS(V)R 282(1), 282(3), 282(4)	3 penalty units	Exceed mass limit sign by 1·01 to 2 tonnes
308		2515	RS(V)R 282(1), 282(3), 282(4)	4 penalty units	Exceed mass limit sign by 2·01 to 3 tonnes
309		2516	RS(V)R 282(1), 282(3), 282(4)	5 penalty units	Exceed mass limit sign by 3·01 to 4 tonnes
Riders of animals and animal-drawn vehicles
310		2529	RR 303A	1×25 penalty units	Rider or person being carried who is under 18 years fail to wear approved helmet
310A		1289	RR 303AA	2·5 penalty units	Ride animal-drawn vehicle on a road or road related area in the animal-drawn vehicle prohibited area
311		2530	RR 302	1 penalty unit	Fail to give way to pedestrians on footpath or nature strip
312		2531	RR 119	1 penalty unit	Fail to give way to a vehicle leaving a roundabout
313		2532	RR 303(1) and 303(2)	1 penalty unit	Ride animal more than 2 abreast
Wheeled recreation devices
314		2551	RR 240A, 240(1) and 240(2)	0×5 penalty unit	Travel in or on a wheeled recreation device on a prohibited road or disobeying a sign
315		2552	RR 241(1) and 242(1)	0×5 penalty unit	Travel improperly on a road in or on a wheeled recreation device
316		2553	RR 243(1)	0×5 penalty unit	Travel on rollerblades/ roller skates on pedestrian side of separated footpath
317		2554	RR 243(2)	0×5 penalty unit	Person on rollerblades/ roller skates failing to keep out of the path of bicycle on bicycle path or separated footpath
318		2555	RR 244(1), 244(2) and 244(3)	0×5 penalty unit	Travel in or on wheeled recreational device while it is being towed by a vehicle, while holding onto moving vehicle, or within 2 metres of the rear of a moving vehicle continuously for more than 200 metres
319		8356	RR 244B(1), 244B(4) and 244B(5)	1×25 penalty units	Travelling improperly on a scooter
Electric personal transporters
320		2979	RR 244D	0∙75 penalty unit	Travel on a road or road related area other than as part of an electric personal transporter tour
321		2980	RR 244E	0∙75 penalty unit	Travel on a road or road related area that is not an electric personal transporter route or in an electric personal transporter use area
322		2981	RR 244F(1)	0∙75 penalty unit	Travel along a road if there is a bicycle path, footpath, nature strip or shared path adjacent to the road
323		2982	RR 244F(2)	0∙75 penalty unit	Travel on a road with a dividing line or median strip or a speed‑limit greater than 50 km per hour or on a one‑way road with more than one marked lane
324		2983	RR 244F(3)	0∙75 penalty unit	Travel at night
325		2984	RR 244G	0∙75 penalty unit	Fail to obey no electric personal transporter sign
326		2985	RR 244H(1)	0∙75 penalty unit	Fail to keep as far to the left side of a road as is practicable
327		2986	RR 244H(2)	0∙75 penalty unit	Travel alongside more than one other pedestrian or vehicle travelling on the road or road related area in the same direction
328		2987	RR 244I(1)	0∙75 penalty unit	Fail to keep to the left side on a footpath or shared path
329		2988	RR 244I(2)	0∙75 penalty unit	Fail to give way to a pedestrian on a footpath or shared path or in a shared zone
330		2989	RR 244J(1)	0∙75 penalty unit	Travel on electric personal transporter on bicycle side of separated footpath
331		2990	RR 244J(2)	0∙75 penalty unit	Fail to give way to a pedestrian on a separated footpath
332		2991	RR 244J(3)	0∙75 penalty unit	Fail to keep out of the path of any bicycle on a bicycle path
333		2992	RR 244N	0∙75 penalty unit	Travel on a road or road related area while being towed by a vehicle
334		2993	RR 244O	1∙25 penalty units	Fail to keep proper control of electric personal transporter
335		2994	RR 244P(1)	1∙25 penalty units	Travel without wearing a securely fitted approved bicycle helmet
336		2995	RR 244Q	0∙5 penalty unit	Fail to have equipment
337		2996	RR 244S	0∙75 penalty unit	Exceed speed limit
338		2997	RR 244T	0∙75 penalty unit	Carry a person or animal
339		2998	RR 244U	1∙25 penalty units	Consume intoxicating liquor
*                *                *                *                *
Electric scooters
*                *                *                *                *
343		1882	RR 262C	1∙5 penalty units	Ride electric scooter on a footpath
344		1883	RR 262D(1)	1∙75 penalty units	Ride electric scooter on a road with a speed-limit greater than 60 km per hour
345		1884	RR 262E	1 penalty unit	Ride electric scooter alongside another rider or pedestrian travelling on the road or road related area in the same direction
346		1885	RR 262F	1∙5 penalty units	Ride electric scooter if under 16 years of age
347		1886	RR 262G	1·25 penalty units	Exceed speed-limit on electric scooter
348		1887	RR 262H	1∙25 penalty units	Carry any other person on electric scooter
348A		7383	RR 262HA	In the case of a person who is wearing an approved bicycle helmet securely fitted and fastened on the person's head, 1∙25 penalty units; In the case of a person who is not wearing an approved bicycle helmet securely fitted and fastened on the person's head, 3∙25 penalty units	Be a passenger on an electric scooter
349		1888	RR 262I	2 penalty units	Consume intoxicating liquor while riding electric scooter
Use of devices
350		2594	RR 304H(1)	3 penalty units	Person in a motor vehicle operating an inbuilt device, a mounted device or a motor bike helmet device
351		2595	RR 304I(1)	3 penalty units	Driver operating a wearable device
352		2596	RR 304I(4)	3 penalty units	Driver looking at a wearable device display being operated by another person
353		2497	RR 304J(1)	3 penalty units	Driver touching a portable device (natural person)
354		2498	RR 304J(1)	20 penalty units	Driver touching a portable device (body corporate)
355		2597	RR 304J(2)	3 penalty units	Driver looking at a portable device display being operated by another person
356		2494	RR 304J(3)	3 penalty units	Driver having a portable device resting on the driver's body, clothes or lap (natural person)
357		2495	RR 304J(3)	20 penalty units	Driver having a portable device resting on the driver's body, clothes or lap (body corporate)
358		2598	RR 304K(1)	3 penalty units	Fully licensed driver operating a portable device other than by touching the device
359		2599	RR 304K(2)	3 penalty units	Fully licensed driver operating a portable device where likely to distract another driver
360		2600	RR 304KA	3 penalty units	Driver of a motor vehicle who is not a fully licensed driver using a portable device or permitting ongoing activity on the portable device
361		2610	RR 304L(1)	3 penalty units	Rider of bicycle or electric scooter or driver of a vehicle that is not a motor vehicle operating an inbuilt device, a mounted device or a motor bike helmet device
362		2611	RR 304M(1)	3 penalty units	Rider of bicycle or electric scooter or driver of a vehicle that is not a motor vehicle operating a wearable device
363		2612	RR 304N(1)	3 penalty units	Rider of bicycle or electric scooter or driver of a vehicle that is not a motor vehicle touching a portable device
364		2613	RR 304N(2)	3 penalty units	Rider of bicycle or electric scooter or driver of a vehicle that is not a motor vehicle resting a portable device on the rider's or driver's body, clothes or lap
365		2614	RR 304O(1)	3 penalty units	Person travelling in or on wheeled recreational device or electric personal transporter operating an inbuilt device, a mounted device or a motor bike helmet device
366		2615	RR 304P(1)	3 penalty units	Person travelling in or on wheeled recreational device or electric personal transporter operating a wearable device
367		2616	RR 304Q(1)	3 penalty units	Person travelling in or on wheeled recreational device or electric personal transporter touching a portable device
368		2617	RR 304Q(2)	3 penalty units	Person travelling in or on wheeled recreational device or electric personal transporter resting a portable device on the person's body, clothes or lap

SCHEDULE 8—PUBLIC AUTHORITIES, PRESCRIBED PERSONS AND PRESCRIBED FUNDS FOR APPROPRIATION OF FINES

Regulation 79

Column 1	Column 2
The Secretary	The Roads Fund established under section 39B of the Transport Integration Act 2010
Alpine Resorts Victoria established under section 14 of the Alpine Resorts (Management) Act 1997	The General Account of Alpine Resorts Victoria
Parks Victoria established under section 5 of the Parks Victoria Act 2018	The general fund of Parks Victoria
A Council within the meaning of the Local Government Act 2020	The municipal fund of that council
Melbourne Water Corporation constituted under the Water Act 1989	The general fund of the Melbourne Water Corporation
The council of a university established by or under any Act	The fund of that university
A TAFE institute within the meaning of the Education and Training Reform Act 2006	The fund of that TAFE institute
A committee of management under the Crown Land (Reserves) Act 1978	The fund of that committee of management
Melbourne Market Authority established under the Melbourne Market Authority Act 1977	The general fund of the Melbourne Market Authority
The board of a public hospital or denominational hospital within the meaning of the Health Services Act 1988	The fund of that board or other governing body
The port of Melbourne operator declared under section 4A of the Port Management Act 1995	The Victorian Transport Fund established under section 13 of the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Road Safety (General) Regulations 2019, S.R. No. 88/2019 were made on 24 September 2019 by the Governor in Council under section 95 of the Road Safety Act 1986, No. 127/1986 and came into operation on 27 September 2019: regulation 3.

The Road Safety (General) Regulations 2019 will sunset 10 years after the day of making on 24 September 2029 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Road Safety (General) Regulations 2019 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Road Safety (General) Amendment Regulations 2019, S.R. No. 104/2019

Date of Making:	29.10.19
Date of Commencement:	29.10.19

Road Safety (Automated Vehicles), (Drivers), (General), (Traffic Management) and (Vehicles) Amendment Regulations 2019, S.R. No. 172/2019

Date of Making:	23.12.19
Date of Commencement:	Regs 6(Sch. 3), 7 on 1.1.20: reg. 3

Road Safety (Drivers), (General) and (Vehicles) Interim Amendment Regulations 2020, S.R. No. 105/2020

Date of Making:	29.9.20
Date of Commencement:	Regs 85–87 on 4.10.20: reg. 3

Road Safety (Drivers), (General) and (Traffic Management) Amendment Regulations 2020, S.R. No. 123/2020

Date of Making:	10.11.20
Date of Commencement:	Regs 7, 8, 11 on 12.11.20: reg. 3(1); regs 9, 10 on 1.12.20: reg. 3(2)

Road Safety (Drivers) and (General) Amendment Regulations 2021, S.R. No. 36/2021

Date of Making:	20.4.21
Date of Commencement:	Reg. 6 on 26.4.21: reg. 3

Road Safety (Drivers) and (General) Further Amendment Regulations 2021, S.R. No. 121/2021

Date of Making:	21.9.21
Date of Commencement:	Regs 7–9 on 30.9.21: reg. 3

Road Safety (General) Amendment Regulations 2021, S.R. No. 136/2021

Date of Making:	9.11.21
Date of Commencement:	15.11.21: reg. 3

Road Safety (Drivers) and (General) Amendment Regulations 2022, S.R. No. 19/2022

Date of Making:	22.2.22
Date of Commencement:	Regs 18–22 on 1.3.22: reg. 3

Road Safety (General) Amendment Regulations 2022, S.R. No. 31/2022

Date of Making:	17.5.22
Date of Commencement:	13.6.22: reg. 3

Road Safety (General) and (Vehicles) Amendment Regulations 2022, S.R. No. 47/2022

Date of Making:	21.6.22
Date of Commencement:	Regs 3–5 on 21.6.22

Road Safety (General) Further Amendment Regulations 2022, S.R. No. 106/2022

Date of Making:	4.10.22
Date of Commencement:	5.10.22: reg. 3

Road Safety (Drivers) and (General) Amendment Regulations 2023, S.R. No. 8/2023

Date of Making:	14.2.23
Date of Commencement:	Regs 6–13 on 31.3.23: reg. 3

Road Safety (General) Amendment (Electric Scooters) Regulations 2023, S.R. No. 23/2023

Date of Making:	4.4.23
Date of Commencement:	5.4.23: reg. 3

Road Safety (General) and (Vehicles) Amendment Regulations 2023, S.R. No. 67/2023

Date of Making:	27.6.23
Date of Commencement:	Regs 12–14 on 1.7.23: reg. 3

Road Safety (Driving Instructors) and (General) Amendment Regulations 2024, S.R. No. 60/2024

Date of Making:	25.6.24
Date of Commencement:	Regs 14, 15 on 1.7.24: reg. 3(2)

Road Safety (General) Amendment (Electric Scooters) Regulations 2024, S.R. No. 102/2024

Date of Making:	1.10.24
Date of Commencement:	4.10.24: reg. 3

Road Safety (Drivers) and (General) Amendment (Digital Driver Licence) Regulations 2025, S.R. No. 15/2025

Date of Making:	1.4.25
Date of Commencement:	Regs 23, 24 on 3.4.25: reg. 3

Road Safety (General) Amendment (No-Truck Zone) Regulations 2025, S.R. No. 28/2025

Date of Making:	20.5.25
Date of Commencement:	16.6.25: reg. 3

Road Safety (General) and (Vehicles) Amendment Regulations 2025, S.R. No. 36/2025

Date of Making:	27.5.25
Date of Commencement:	Regs 3–10 on 27.5.25

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] Reg. 31(a): S.R. No. 41/2017 as amended by S.R. Nos 6/2018, 87/2018 and 88/2018.

[2] Reg. 31(d): S.R. No. 116/2021.

[3] Reg. 71(1): S.R. No. 56/2016 as amended by S.R. Nos 101/2016 and 130/2017.

[4] Reg. 79(1)(a)(iii): S.R. No. 100/2019.

[5] Reg. 81(a): S.R. No. 11/2016.

[6] Reg. 81(c): S.R. No. 61/2015.

[7]

Schedule 6, item 103: The Melbourne Parks and Gardens (Joint Trustee Reserves) Regulations 1994 were made under section 13 of the Crown Land (Reserves) Act 1978 No. 9212/1978 and published in the Government Gazette on 12 January 1995 (pages 94–102) with subsequent amendments (as at 28 August 2019) published in the Government Gazettes of 5 March 1996 (S17 pages 2, 3), 16 April 1996 (S37 pages 1, 2), 15 January 1997 (S5 page 1), 26 November 1998 (S138 page 1), 20 December 2001 (G51 page 3264), 2 April 2002 (S56 page 1), 30 March 2006 (S98 page 1), 24 January 2008

(G4 page 177), 21 March 2012 (S92 page 1), 27 March 2012

(S104 page 1), 31 January 2013 (G5 page 207), 31 October 2013 (G44 page 2687) and 22 December 2016 (G51 pages 3223–3224).

——

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 and for the financial year commencing 1 July 2025 is $203.51. 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.