Road Safety Road Rules Amendment (Speed-limit) Rules 2022 (Vic)

Road Safety Road Rules Amendment (Speed-limit) Rules 2022

S.R. No. 38/2022

TABLE OF PROVISIONS

Rule  Page

1Objective

2Authorising provision

3Commencement

4Obeying the speed-limit

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Endnotes

STATUTORY RULES 2022

S.R. No. 38/2022

Road Safety Act 1986

Road Safety Road Rules Amendment (Speed-limit) Rules 2022

The Governor in Council makes the following Rules:

Dated: 31 May 2022

Responsible Minister:

BEN CARROLL
Minister for Roads and Road Safety

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

1Objective

The objective of these Rules is to amend the provision in the Road Safety Road Rules 2017 relating to the offence of speeding.

2Authorising provision

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

3Commencement

These Rules come into operation on 1 July 2022.

4Obeying the speed-limit

For rule 20(1), (2), (3) and (4) of the Road Safety Road Rules 2017[1] 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)  for a driver of a vehicle other than a heavy vehicle that exceeds the speed-limit by less than 35 kilometres per hour—

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

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

(b)for a driver of a vehicle other than a heavy vehicle that exceeds the speed-limit by 35 kilometres per hour or more but less than 45 kilometres per hour—

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

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

(c)for a driver of a vehicle other than a heavy vehicle that exceeds the speed-limit by 45 kilometres 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;

(d)for a driver of a heavy vehicle that exceeds the speed-limit by less than 35 kilometres per hour—

(i)in the case of a natural person, 20 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 Road Safety Act 1986.

2 For drivers of heavy vehicles who exceed the speed‑limit by 35 kilometres per hour or more, see section 65B of the Road Safety Act 1986.".

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Endnotes

[1] Rule 4: S.R. No. 41/2017 as amended by S.R. Nos 6/2018, 87/2018, 88/2018, 96/2019, 121/2019, 153/2019, 121/2020, 35/2021, 111/2021 and 135/2021.

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Penalty Units

These Rules 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 2021 is $181.74 and for the financial year commencing 1 July 2022 is $184.92. 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.