Road Safety Road Rules Amendment (Corporate Penalties) Rules 2014 (Vic)

Road Safety Road Rules Amendment (Corporate Penalties) Rules 2014

S.R. No. 68/2014

TABLE OF PROVISIONS

Rule  Page

1Objective

2Authorising provision

3Commencement

4Obeying the speed-limit

5Proceeding through a red traffic light

6Proceeding through a red traffic arrow

60Proceeding through a red traffic arrow

7Entering a level crossing when a train or tram is approaching etc.

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 68/2014

Road Safety Act 1986

Road Safety Road Rules Amendment (Corporate Penalties) Rules 2014

The Governor in Council makes the following Regulations:

Dated: 17 June 2014

Responsible Minister:

TERRY MULDER
Minister for Roads

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Rules is to prescribe new maximum penalties that apply to certain operator onus offences following the enactment of the Road Safety Amendment (Operator Onus) Act 2012.

2Authorising provision

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

3Commencement

These Rules come into operation on 1 July 2014.

4Obeying the speed-limit

For rule 20(1) of the Road Safety Road Rules 2009[1] including the Note substitute—

"(1)A driver must not drive at a speed over the speed-limit applying to the driver for the length of road where the driver is driving.

Penalty:(a)  in the case a driver of a heavy vehicle exceeds the speed-limit by less than 35 km per hour—

(i)in the case of a natural person, 20 penalty units;

(ii)in the case of a body corporate, 120 penalty units;

(b)in the case a driver of a vehicle other than a heavy vehicle exceeds the speed-limit by 45 km per hour or more—

(i)in the case of a natural person, 20 penalty units;

(ii)in the case of a body corporate, 120 penalty units;

(c)in the case a driver of a vehicle other than a heavy vehicle exceeds the speed-limit by 35 km per hour or more but less than 45 km per hour—

(i)in the case of a natural person, 15 penalty units;

(ii)in the case of a body corporate, 120 penalty units;

(d)in the case a driver of a vehicle other than a heavy vehicle exceeds the speed-limit by less than 35 km per hour—

(i)in the case of a natural person, 10 penalty units;

(ii)in the case of a body corporate, 120 penalty units.

Notes

1 A body corporate may be guilty of the offence by force of section 84BC of the Act.

2 For drivers of heavy vehicles who exceed the speed limit by 35 km per hour or more, see section 65B of the Act.".

5Proceeding through a red traffic light

For rule 59(1) of the Road Safety Road Rules 2009 including the Notes substitute—

"(1)If traffic lights at an intersection or marked foot crossing are showing a red traffic light, a driver must not enter the intersection or marked foot crossing.

Penalty:In the case of a natural person, 10 penalty units;

In the case of a body corporate, 120 penalty units.

Notes

1 A body corporate may be guilty of the offence by force of section 84BC of the Act.

2     Enter, intersection, marked foot crossing and red traffic light are defined in the dictionary.

3     Rules 56 and 57 deal with stopping for a red or yellow traffic light, and proceeding while the light remains red or yellow. Rule 60 deals with proceeding through a red traffic arrow.".

6Proceeding through a red traffic arrow

For rule 60 of the Road Safety Road Rules 2009 including the Notes substitute—

"60   Proceeding through a red traffic arrow

If traffic arrows at an intersection are showing a red traffic arrow, and a driver is turning in the direction indicated by the arrow, the driver must not enter the intersection or marked foot crossing.

Penalty:In the case of a natural person, 10 penalty units;

In the case of a body corporate, 120 penalty units.

Notes

1 A body corporate may be guilty of the offence by force of section 84BC of the Act.

2     Enter and red traffic arrow are defined in the dictionary.

3     Rules 56 and 57 deal with stopping for a red or yellow traffic arrow.

4     Rule 64 deals with the give way rules applying to a driver turning at an intersection with traffic lights in the direction indicated by a flashing yellow traffic arrow.".

7Entering a level crossing when a train or tram is approaching etc.

(1)For the penalty at the foot of rule 123 of the Road Safety Road Rules 2009 substitute—

"Penalty:In the case of a natural person, 20 penalty units;

In the case of a body corporate, 120 penalty units.".

(2)For the note to rule 123 of the Road Safety Road Rules 2009 substitute—

"Notes

1 A body corporate may be guilty of the offence by force of section 84BC of the Act.

2     Approaching, enter, tram and twin red lights are defined in the dictionary.".

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ENDNOTES

[1] Rule 4: S.R. No. 94/2009.  Reprint No. 1 as at 1 August 2013.  Reprinted to S.R. No. 88/2013.  Subsequently amended by S.R. Nos 134/2013 and 151/2013.