Road Safety Legislation Amendment Regulation 2024 (No 1) (ACT)

Case

Road Safety Legislation Amendment Regulation 2024 (No 1)

Subordinate Law SL2024-11

The Australian Capital Territory Executive makes the following regulation under the Road Transport (Driver Licensing) Act 1999, the Road Transport (General) Act 1999, the Road Transport (Safety and Traffic Management) Act 1999 and the Road Transport (Vehicle Registration) Act 1999.

Dated 28 June 2024.

ANDREW BARR

Chief Minister

CHRIS STEEL

Minister

Road Safety Legislation Amendment Regulation 2024 (No 1)

Subordinate Law SL2024-11

made under the

Road Transport (Driver Licensing) Act 1999, the Road Transport (General) Act 1999, the Road Transport (Safety and Traffic Management) Act 1999 and the Road Transport (Vehicle Registration) Act 1999

Contents

Page

Part 1      Preliminary

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

Part 2Road Transport (Driver Licensing) Regulation 2000

4            New section 87 (2A)  2

5            New section 88 (5A) and (5B)  2

6            Dictionary, note 4  2

Part 3Road Transport (General) Regulation 2000

7           New section 7A  3

Part 4Road Transport (Offences) Regulation 2005

8            Section 4D, definition of identifying particulars, paragraph (a)               5

9            Section 4D, definition of identifying particulars, paragraph (c)               5

10          Sections 9 and 10  6

11          Dictionary, new definition of authorised officer  7

Part 5Road Transport (Road Rules) Regulation 2017

12          Section 203B (2), definition of electric-powered vehicle parking sign, new example     8

13          Section 203C (2)  8

14          Schedule 4  10

Part 6Road Transport (Vehicle Registration) Regulation 2000

15          Section 86 (3)  11

Part 1Preliminary

  1. Name of regulation

    This regulation is the Road Safety Legislation Amendment Regulation 2024 (No 1).

  2. Commencement

    (1)Parts 1 and 5 commence on the day after this regulation’s notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    (2)Part 2 commences on 1 January 2025.

    (3)Parts 3, 4 and 6 commence on 1 July 2024.

  3. Legislation amended

    This regulation amends the following legislation:

    ·     Road Transport (Driver Licensing) Regulation 2000

    ·     Road Transport (General) Regulation 2000

    ·     Road Transport (Offences) Regulation 2005

    ·     Road Transport (Road Rules) Regulation 2017

    ·     Road Transport (Vehicle Registration) Regulation 2000.

Part 2Road Transport (Driver Licensing) Regulation 2000

  1. New section 87 (2A)

    insert

    (2A)The road transport authority may also suspend a person’s driver licence under section 88 if the authority is satisfied on reasonable grounds that—

    (a)the person has committed an infringement notice offence; and

    (b)the infringement notice offence is an offence against the Road Transport (Road Rules) Regulation 2017, section 20 (Obeying speed limit); and

    (c)the person has committed the offence by exceeding the speed limit applying to the person by more than 45km/h.

  2. New section 88 (5A) and (5B)

    insert

    (5A)A notice given to a person because of the reason mentioned in section 87 (2A) is taken to be revoked if the infringement notice for the infringement notice offence is withdrawn under the Road Transport (General) Act 1999, section 35 or section 36.

    (5B)The road transport authority must tell a person in writing if a notice given to the person is taken to be revoked under subsection (5A).

  3. Dictionary, note 4

    insert

    ·     infringement notice offence

Part 3Road Transport (General) Regulation 2000

  1. New section 7A

    insert

7AExemptions for authorised officers—appointment and identity cards—Act, s 19 (2)

(1)An authorised officer is an authorised person for the road transport legislation.

(2)However, an authorised person who is an authorised officer may only exercise a power under subsection (1) if—

(a)the exercise of the power involves a heavy vehicle; and

(b)before exercising the power in relation to a person, the authorised person shows the person their heavy vehicle identity card if it is reasonably practicable in the circumstances.

(3)The Road Transport (General) Act 1999, section 20 does not apply to an authorised person who is an authorised officer.

NoteSection 20 requires an authorised person to be issued with an identity card. An authorised officer’s heavy vehicle identity card is equivalent to an identity card issued for s 20.

(4)The Road Transport (General) Act 1999, section 21 does not apply to an authorised person who is an authorised officer.

NoteSection 21 requires an authorised person to show the person’s identity card before exercising a power under the road transport legislation.

(5)In this section:

authorised officer means a person appointed as an authorised officer under the Heavy Vehicle National Law (ACT), section 481 (1).

heavy vehicle—see the Heavy Vehicle National Law (ACT), section 6.

heavy vehicle identity card, for an authorised officer, means the identity card issued to the authorised officer under the Heavy Vehicle National Law (ACT), section 486 (1).

Part 4Road Transport (Offences) Regulation 2005

  1. Section 4D, definition of identifying particulars, paragraph (a)

    substitute

    (a)a police officer’s service number if the authorised person is—

    (i)for heavy vehicle infringement notice offences—an authorised officer who is a police officer; or

    (ii)for infringement notice offences—a police officer; and

  2. Section 4D, definition of identifying particulars, paragraph (c)

    substitute

    (c)the identification number allocated to an authorised officer under the Heavy Vehicle National Law (ACT), section 486 (1) if the authorised person is—

    (i)for heavy vehicle infringement notice offences—an authorised officer, other than a police officer; or

    (ii)for infringement notice offences—an authorised officer.

  3. Sections 9 and 10

    substitute

  4. Authorised people for infringement notices other than heavy vehicle infringement notices—Act, s 53A (2)

    The following people may serve an infringement notice for any infringement notice offence (other than a heavy vehicle infringement notice offence):

    (a)a police officer;

    (b)an authorised person who is an authorised officer.

    Note 1A police officer and an authorised officer may also serve infringement notices for heavy vehicle infringement notice offences (see Heavy Vehicle National Law (ACT), s 5, def authorised officer and s 591 (1)).

    Note 2An authorised officer may only exercise a power of an authorised person if it involves a heavy vehicle (see Road Transport (General) Regulation 2000, s 7A (2)).

  5. Authorised people for reminder notices other than heavy vehicle infringement notices—Act, s 53A (2)

    The following people may serve a reminder notice for any infringement notice offence (other than a heavy vehicle infringement notice offence):

    (a)a police officer;

    (b)an authorised person who is an authorised officer.

    Note 1A police officer and an authorised officer may also serve reminder notices for heavy vehicle infringement notice offences (see Heavy Vehicle National Law (ACT), s 5, def authorised officer and s 591 (1)).

    Note 2An authorised officer may only exercise a power of an authorised person if it involves a heavy vehicle (see Road Transport (General) Regulation 2000, s 7A (2)).

  6. Dictionary, new definition of authorised officer

    insert

    authorised officer means a person appointed as an authorised officer under the Heavy Vehicle National Law (ACT), section 481 (1).

Part 5Road Transport (Road Rules) Regulation 2017

  1. Section 203B (2), definition of electric-powered vehicle parking sign, new example

    insert

    Example—electric-powered vehicle parking sign

  2. Section 203C (2)

    substitute

    (2)In this section:

    electric-powered vehicle—see section 203B (2).

    electric-powered vehicle charging parking sign means a sign displaying an electric-powered vehicle symbol and the words ‘while charging’.

    Example—electric-powered vehicle charging parking sign

    electric-powered vehicle charging road marking means a picture that consists of, or includes a picture of an ‘EV’ symbol with an adjacent charging plug as shown in the diagram in schedule 4.

    electric-powered vehicle symbol—see section 203B (2).

    parking area for charging of electric-powered vehicles means a length or area of a road—

    (a)to which a permissive parking sign displaying an electric‑powered vehicle symbol and the words ‘while charging’ applies; or

    (b)to which an electric-powered vehicle charging parking sign applies; or

    (c)indicated by an electric-powered vehicle charging road marking.

  3. Schedule 4

    omit

Electric-powered vehicle symbol

(s 203B)

Electric-powered vehicle charging symbol

(s 203C)

substitute

Electric-powered vehicle symbol

(s 203B)

Electric-powered vehicle charging road marking

(s 203C)

Part 6Road Transport (Vehicle Registration) Regulation 2000

  1. Section 86 (3)

    substitute

    (3)An unregistered vehicle permit issued for a registrable vehicle expires—

    (a)if the vehicle is registered during the period of the permit—on registration of the vehicle; or

    (b)if the vehicle is not registered during the period of the permit—

    (i)if the permit states an expiry date and expiry time—at the stated time on the stated date; or

    (ii)if the permit only states an expiry date—at the end of the day on the stated date.

Endnotes

  1. Notification

    Notified under the Legislation Act on 28 June 2024.

  2. Republications of amended laws

    For the latest republication of amended laws, see align="center">© Australian Capital Territory 2024

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