Road Safety (Road Rules) (Young Drivers) Interim Regulations 2007 (Vic)

Road Safety (Road Rules) (Young Drivers) Interim Regulations 2007

S.R. No. 74/2007

TABLE OF PROVISIONS

Regulation  Page

PART 1—PRELIMINARY

1Objective

2Authorising provision

3Commencement

4Principal Regulations

PART 2—EXCESSIVE SPEED AND MOBILE PHONE USE OFFENCES

5New definition inserted

6New regulation 607 inserted

607Accompanying licensed drivers and excessive speed

7New item in schedule 4

PART 3—REVOCATION OF INTERIM REGULATIONS

8Definition revoked

9Regulation 607 revoked

10Item 31 of Schedule 4 revoked

PART 4—EXPIRY

11Expiry

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 74/2007

Road Safety Act 1986

Road Safety (Road Rules) (Young Drivers) Interim Regulations 2007

The Governor in Council makes the following Regulations:

Dated: 26 June 2007

Responsible Minister:

TIM PALLAS
Minister for Roads and Ports

RUTH LEACH

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to amend the Road Safety (Road Rules) Regulations 1999 to—

(a)prescribe an offence prohibiting the holder of a driver licence who is accompanying a learner driver from permitting a motor vehicle to be driven at excessive speed;

(b)amend the Road Rules relating to mobile phone use.

2Authorising provision

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

3Commencement

(1)These Regulations (except Part 3) come into operation on 1 July 2007.

(2)Part 3 comes into operation on 1 January 2008.

4Principal Regulations

In these Regulations, the Road Safety (Road Rules) Regulations 1999[1] are called the Principal Regulations.

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PART 2—EXCESSIVE SPEED AND MOBILE PHONE USE OFFENCES

5New definition inserted

In regulation 105(1) of the Principal Regulations insert the following definition—

"learner driver has the same meaning as in the Road Safety (Drivers) Regulations 1999;"[2].

6New regulation 607 inserted

After regulation 606 of the Principal Regulations insert—

"607   Accompanying licensed drivers and excessive speed

(1)In this regulation—

(a)excessive speed means a speed described in section 28(1)(a)(i) or (ii) of the Act;

(b)accompanying licensed driver has the same meaning as in the Act.

(2)An accompanying licensed driver must not permit a learner driver to drive a motor vehicle at excessive speed.

Penalty:5 penalty units.".

7New item in schedule 4

In Schedule 4 to the Principal Regulations, after item 30 insert—

'31Rule 300 of the Road Rules is to be read as if there were substituted for Rule 300(1) and (2)—

"(1)The driver of a vehicle (except an emergency vehicle or police vehicle), must not while the vehicle is moving or is stationary but not parked, unless exempt from this rule under subrule (3)—

(a)if the driver is a learner driver, use a mobile phone;

(b)in any other case, use a mobile phone that the driver is holding in his or her hand.

Penalty:3 penalty units.

(2)In this Rule—

(a)mobile phone does not include a CB radio or any other two-way radio;

(b)use in relation to a mobile phone includes—

(i)holding the mobile phone to, or near to, the ear (whether or not engaged in a phone call);

(ii)writing, sending or reading a text message on the mobile phone;

(iii)turning the mobile phone on or off;

(iv)operating any other function of the mobile phone.

Note

Emergency vehicle, park and police vehicle are defined in the dictionary.".'.

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PART 3—REVOCATION OF INTERIM REGULATIONS

8Definition revoked

In regulation 105(1) of the Principal Regulations, the definition of learner driver is revoked.

9Regulation 607 revoked

Regulation 607 of the Principal Regulations is revoked.

10Item 31 of Schedule 4 revoked

In Schedule 4 to the Principal Regulations, item 31 is revoked.

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PART 4—EXPIRY

11Expiry

These Regulations expire on 2 January 2008.

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ENDNOTES

[1] Reg. 4: S.R. No. 120/1999.  Reprint No. 1 as at 15 December 2002. Reprinted to S.R. No. 116/2002.  Subsequently amended by S.R. Nos 83/2004, 178/2004, 129/2005, 176/2005, 22/2006 and 1/2007.

[2] Reg. 5: S.R. No. 26/1999.  Reprint No. 3 as at 1 July 2006. Reprinted to S.R. No. 52/2006.  Subsequently amended by S.R. No. 38/2007.