Road Safety (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 (Vic)
Version No. 002
Road Safety (Transport Legislation Amendment Act 2019) Transitional Regulations 2019
S.R. No. 154/2019
Version as at
1 January 2020
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Definitions
Part 2—General transitional provisions
5Things done by Corporation or its Chief Executive before commencement day
6Things commenced but not completed by Corporation or its Chief Executive
7Certain references to Corporation or its Chief Executive to be reconstrued as references to the Secretary
8Certain references to Corporation to be reconstrued as references to the Head, Transport for Victoria
9Substitution of Corporation as a party in proceedings relating to functions and powers under Act or regulations
Part 3—Transitional provisions relating to the Act
10Definitions
11The Register
12Non-standard number plates and replacement number plates
13Driver licences and learner permits
14Register of written-off vehicles
15Records created and maintained by the Corporation in relation to drivers of vehicles
16ADS permits
17Demerits Register
18Notices served by the Corporation under Part 4
19Exemptions
20Approvals of alcohol interlocks
21Approvals of alcohol interlock suppliers
22Approvals for approved alcohol interlock suppliers to refuse to supply
23Guidelines relating to approvals of alcohol interlocks and alcohol interlock suppliers
24Procedure for assessing drug impairment
25Breath analysis certificates issued by the Corporation
26Behaviour change program approvals
27Behaviour change program provider approvals
28Fee determination for participation in first-stage behaviour change program
29Consents and authorisations for the purposes of section 68A (unauthorised use of freeway)
30Permissions to alter or deface numbers on engine of a motor vehicle
31Surveyor approvals
32General evidentiary provisions—certificates issued by the Corporation
33Safe driving program approvals
34Safe driver program provider approvals
35Fee determination for participation in safe driver change program
36Information protection agreements
37Intergovernmental agreements relating to the exchange of vehicle and driver information
38Delegations
39Guidelines for industry codes of practice
40Registration of industry codes of practice
41Equipment approvals by the Corporation
42Consents relating to embargo notices
43Notices sent by the Corporation
44Notices given by the Corporation under the Act
45Notices served by the Corporation under the Act
46Authorised officers and persons
Part 4—Transitional arrangements relating to the Road Safety (Automated Vehicles) Regulations 2018
47Persons authorised by the Corporation for drive tests and assessments of automated driving systems
48Corporation requests for records of ADS trials
Part 5—Transitional arrangements relating to the Road Safety (Drivers) Regulations 2019
49Authorisations
50Written notice a person is no longer authorised to drive a motor vehicle on a highway
51Determination of number of hours of night driving
52Offences relating to alcohol interlocks and privacy of motor vehicle occupants—Written authorisations
53Exemption from the requirement to complete a behaviour change program
54Renewal notices
55Declarations in relation to probationary prohibited vehicles
56Restrictions affecting certain motor cycle riders
57Driver licence and learner permit documents and receipts
58Persons authorised by the Corporation to carry out tests and assessments
59Notices for the verification of records
60Exemptions to members of consular or diplomatic staff
61Notices given by VicRoads in relation to the variation, suspension or cancellation of driver licence or learner permit
62Notices of decisions relating to applications for reduced disqualifications or suspensions
63Notices of decisions relating to applications for the removal of condition imposed for minimum period
64Exemptions
Part 6—Transitional arrangements relating to the Road Safety (General) Regulations 2019
65Authorisations of suitably qualified testers of portable weighing device
Part 7—Transitional arrangements relating to the Road Rules
66Definitions
67Corporation consent allowing riding of bicycle and driving of vehicle in emergency stopping lane
68Corporation consent allowing driving of vehicle along length of road to a which a road access sign applies
69Exemptions granted to drive trucks past a no trucks sign
70Label or identifying label or mark issued or approved by the Corporation indicating vehicle is constructed principally for carrying loads
71Exemptions from making a motor vehicle secure
72Certificate issued to person travelling on scooter exempting them from wearing approved bicycle helmet
73Electric personal transporter routes and use areas
74Certificate issued to person travelling on electric personal transporter exempting them from wearing approved bicycle helmet
75Certificate issued to rider of a bicycle exempting them from wearing approved bicycle helmet
76Certificate issued to person in or on bicycle trailer exempting them from wearing approved bicycle helmet
77Exemptions from wearing seatbelts—certificate exempting person
78Exemptions relating to travelling in or on motor vehicles
79Exemptions from requirements relating to riding on motor bikes and motor cycles
80Exemptions relating to driving on a path or nature strip
81Exemptions relating to driving a vehicle with television receiver or visual display unit in or on the vehicle
82Certificates exempting riders who are under 18 from wearing horse riding helmets
83Declared items
84Authorised persons
85Code for the Disabled Persons Parking Scheme
Part 8—Transitional arrangements relating to the Road Safety (Traffic Management) Regulations 2019
86Authorisations for the purposes of Part of the Regulations
87Manual operation of traffic signals by authorised persons
88Stock crossing permits
Part 9—Transitional arrangements relating to the Road Safety (Vehicles) Regulations 2009
89Definitions
90Corporation declared matters for the purposes of the Road Safety (Vehicles) Regulations 2009
91Authorised officers for the purposes of the Road Safety (Vehicles) Regulations 2009
92Approved notices, labels, forms and reports
93Written permission to alter, deface, remove, substitute or tamper with a vehicle identification number
94Dealer certification scheme arrangements
95Certificates of registration
96Replacement certificates of registration
97Registration numbers
98Number plates
99Replacement number plates
100Authority relating to equipment used for road safety, enforcement or tolling purposes to read number plates or registration numbers
101Authorised agents who issue number plates or sell registration number rights
102Codes or terms approved by the Corporation as to whether vehicle is a statutory write-off or repairable write-off
103Authorisation of persons to issue certificates
104Agreements relating to extracts from Corporation records
105Exemption of vehicle by Corporation
106Short term unregistered vehicle permit
107Assignments of general identification marks
108Supply of trade plates
109Certificate of assignment of a general identification mark
110Approvals of vehicle clubs
111Club permits
112Club permit number plates and replacement club permit number plates
113Class O notices
114Class O permits
115Tester's licence
116Approvals of additional or replacement premises
117Register of licensed testers
118Duplicate tester's licences
119Motor mechanic certificates
120Directions about examining and testing of vehicles
121Approvals relating to towing offences and using a modified vehicle
122Guidelines relating to using a modified vehicle
123Class O information sheet or bulletin
124Hazardous areas
125Hazardous area authorities
126Approval of wheel chains design
127Exemptions for emergencies
128Vehicle standards—Standards for warning lights
129Vehicle standards—Approval of lights and reflectors
130Written notices given by the Corporation
Part 10—Transitional arrangements relating to transfer of Corporation staff to National Heavy Vehicle Regulator
131Corporation officers and employees transferred to National Heavy Vehicle Regulator continue to be authorised officers
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 002
Road Safety (Transport Legislation Amendment Act 2019) Transitional Regulations 2019
S.R. No. 154/2019
Version as at
1 January 2020
Part 1—Preliminary
1Objective
The objective of these Regulations is to provide for matters of a transitional nature arising as a result of amendments made by the Transport Legislation Amendment Act 2019 to the Road Safety Act 1986 that transfer the functions and powers of the Corporation under the Road Safety Act 1986 to the Secretary to the Department of Transport or the Head, Transport for Victoria.
2Authorising provision
These Regulations are made under section 105G of the Road Safety Act 1986.
3Commencement
(1)These Regulations (except Parts 2 to 9) are taken to have come into operation in 8 December 2019.
(2)Parts 2 to 9 come into operation on 1 January 2020.
4Definitions
In these Regulations—
commencement day has the same meaning as in section 105B of the Act;
the Act means the Road Safety Act 1986;
VicRoads means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010.
Part 2—General transitional provisions
5Things done by Corporation or its Chief Executive before commencement day
(1)Subject to subregulation (2), anything done by the Corporation or the Chief Executive of the Corporation in the performance of a function or duty, or exercise of a power, under the Act, the regulations made under the Act or the Road Rules before the commencement day is taken, on that day, to have been done by the Secretary in the performance of a function or duty, or exercise of a power, under the Act, the regulations or Road Rules.
(2)Anything done by the Corporation in the performance of a function or duty, or exercise of a power, under the Road Safety (Traffic Management) Regulations 2019[1] or rule 244C(1) or 310 of the Road Rules before the commencement day is taken, on that day, to have been done by the Head, Transport for Victoria in the performance of a function or duty, or exercise of a power, under those Regulations or the specified provision.
6Things commenced but not completed by Corporation or its Chief Executive
(1)This regulation applies if, before the commencement day, the Corporation or the Chief Executive of the Corporation in the performance of a function or duty, or exercise of a power, under the Act, the regulations made under the Act or the Road Rules has commenced a matter or to do a thing and has not completed that matter or thing before that day.
(2)Subject to subregulation (3), on and after the commencement day, the Secretary may continue and complete that matter or thing and, for the purposes of this subregulation, anything done by the Corporation or the Chief Executive of the Corporation before that day is taken to have been done by the Secretary.
(3)On and after the commencement day, the Head, Transport for Victoria may continue and complete the matter or thing if the matter or thing was commenced by the Corporation under the Road Safety (Traffic Management) Regulations 2019 or rule 244C(1) or 310 of the Road Rules and, for the purposes of this subregulation, anything done by the Corporation before that day is taken to have been done by the Head, Transport for Victoria.
7Certain references to Corporation or its Chief Executive to be reconstrued as references to the Secretary
A reference to the Corporation in the Act or any instrument made under or for the purposes of the Act (except the Road Safety (Traffic Management) Regulations 2019 or rule 244C(1) or 310 of the Road Rules), or any other document (by whatever name) prepared or made under or for the purposes of the Act, must be construed as a reference to the Secretary—
(a)so far as the reference relates to any period on or after the commencement day; and
(b)if not inconsistent with the subject matter.
8Certain references to Corporation to be reconstrued as references to the Head, Transport for Victoria
A reference to the Corporation in the Road Safety (Traffic Management) Regulations 2019 or rule 244C(1) or 310 of the Road Rules or any document (by whatever name) prepared or made under or for the purposes of those Regulations or rule 244C(1) or 310 of the Road Rules must be construed as a reference to the Head, Transport for Victoria—
(a)so far as the reference relates to any period on or after the commencement day; and
(b)if not inconsistent with the subject matter.
9Substitution of Corporation as a party in proceedings relating to functions and powers under Act or regulations
(1)This regulation applies if there is a proceeding in a court or tribunal to which the Corporation is a party that—
(a)relates to the performance of a function or duty or exercise of a power by the Corporation under the Act, regulations made under the Act or the Road Rules; and
(b)has not been finally determined before the commencement day.
(2)On and after the commencement day, the Secretary is substituted for the Corporation as a party to the proceeding and has the same rights and obligations in the proceeding as the Corporation had.
(3)Without limiting subregulation (2), if, in a proceeding on an application under a specified provision of the Act, regulations made under the Act or the Road Rules, the court or tribunal, as the case requires, makes an order before the commencement day directing the Corporation to do a thing and the Corporation has not done that thing in compliance with the order before that day, the Secretary must do that thing on and after the commencement day.
(4)In this regulation—
specified provision means—
(a)section 12, 15A(5), 16E, 26, 26A, 29, 31B, 50AAAC, 50AAAF, 50AAC(1), 51(10), 55C(4), 67(1), 84O, 84ZB(6), 84ZO(3), 84ZQAD, 89B(1) or 89BA(1) of the Act;
(b)Division 3 of Part 5 of the Road Safety (Drivers) Regulations 2019[2];
(c)regulation 128 of the Road Safety (Vehicles) Regulations 2009[3].
Part 3—Transitional provisions relating to the Act
10Definitions
In this Part—
demerit point option notice has the meaning given by section 34 of the Act;
disqualification notice has the meaning given by section 34 of the Act.
11The Register
The register maintained in accordance with the regulations by the Corporation before the commencement day is taken, on and after that day, to be maintained by the Secretary.
12Non-standard number plates and replacement number plates
A non-standard number plate or replacement number plate issued by the Corporation before the commencement day is taken, on that day, to be a non-standard number plate or replacement number plate issued by the Secretary.
13Driver licences and learner permits
(1)This regulation applies to a driver licence or learner permit granted by the Corporation that is in force immediately before the commencement day or a driver licence or learner permit that is suspended immediately before the commencement day.
(2)On the commencement day, the driver licence or learner permit is taken to be a driver licence or learner permit, as the case requires, granted by the Secretary under the Act.
14Register of written-off vehicles
The register of written-off vehicles maintained by the Corporation under section 16D of the Act before the commencement day is taken, on and after that day, to be maintained by the Secretary.
15Records created and maintained by the Corporation in relation to drivers of vehicles
A record created and maintained by the Corporation under section 16G or 33L of the Act before the commencement day is taken, on that day, to be a record created and maintained by the Secretary under section 16G or 33L of the Act, as the case requires.
16ADS permits
(1)This regulation applies to an ADS permit granted by the Corporation that is in force immediately before the commencement day or an ADS permit that is suspended immediately before the commencement day.
(2)On the commencement day, the ADS permit is taken to be an ADS permit granted by the Secretary.
17Demerits Register
The Demerits Register kept by the Corporation under section 35 of the Act before the commencement day is taken, on and after that day, to be kept by the Secretary under that section.
18Notices served by the Corporation under Part 4
A demerit point option notice or disqualification notice served by the Corporation before the commencement day is taken, on that day, to have been served by the Secretary.
19Exemptions
An exemption granted by the Corporation under section 50AAAD or 50AAAE of the Act that is in effect immediately before the commencement day is taken, on that day, to be an exemption granted under section 50AAAD or 50AAAE of the Act, as the case requires, by the Secretary.
20Approvals of alcohol interlocks
(1)This regulation applies to an approval of an alcohol interlock by the Corporation under section 50AAE(3) of the Act that is in effect immediately before the commencement day, including an approval that is suspended immediately before that day.
(2)On the commencement day, the approval of the alcohol interlock by the Corporation under section 50AAE(3) of the Act is taken to be an approval of the alcohol interlock by the Secretary under that subsection.
21Approvals of alcohol interlock suppliers
(1)This regulation applies to an approval of a person or body by the Corporation under section 50AAE(5) of the Act as an approved interlock supplier that is in effect immediately before the commencement day, including an approval that is suspended immediately before that day.
(2)On the commencement day, the approval of the person or body as an approved interlock supplier by the Corporation under section 50AAE(5) of the Act is taken to be an approval of the person or body as an approved interlock supplier by the Secretary under that subsection.
22Approvals for approved alcohol interlock suppliers to refuse to supply
An approval granted by the Corporation under section 50AAEA(1) of the Act that is in effect immediately before the commencement day is taken, on that day, to be an approval granted under that subsection by the Secretary.
23Guidelines relating to approvals of alcohol interlocks and alcohol interlock suppliers
Guidelines made by the Corporation under section 50AAG of the Act that are in effect immediately before the commencement day are taken, on that day, to be guidelines made under that section by the Secretary.
24Procedure for assessing drug impairment
A procedure to be followed in assessing drug impairment (a drug assessment procedure) specified by the Corporation under section 55A(5) of the Act that is in effect immediately before that day is taken, on that day, to be a drug assessment procedure specified by the Secretary under that subsection.
25Breath analysis certificates issued by the Corporation
A certificate issued by the Corporation before the commencement day, and referred to in section 55E(22)(b) or (d) of the Act, is taken, on that day, to be a certificate issued by the Secretary under section 55E(22)(b) or (d), as the case requires, and continues, on and after that day, to have effect according to its tenor.
26Behaviour change program approvals
(1)An approval of a first-stage behaviour change program by the Corporation under section 58I(1) or (3) of the Act that is in effect immediately before the commencement day is taken, on that day, to be an approval of a first-stage behaviour change program by the Secretary under section 58I(1) or (3) of the Act, as the case requires.
(2)An approval of a second-stage behaviour change program by the Corporation under section 58I(2) or (4) of the Act that is in effect immediately before the commencement day is taken, on that day, to be an approval of a second-stage behaviour change program by the Secretary under section 58I(2) or (4) of the Act, as the case requires.
27Behaviour change program provider approvals
An approval of a person or body by the Corporation under section 58J of the Act to be a provider of a behaviour change program that is in effect immediately before the commencement day is taken, on that day, to be an approval of a person or body to be a provider of a behaviour change program under that section by the Secretary.
28Fee determination for participation in first-stage behaviour change program
A determination of a fee by the Corporation under section 58P of the Act that is in effect immediately before the commencement day is taken, on that day, to be a determination of that fee by the Secretary under that section.
29Consents and authorisations for the purposes of section 68A (unauthorised use of freeway)
(1)A consent given by the Corporation for the purposes of section 68A(1)(c) of the Act that is in effect immediately before the commencement day is taken, on that day, to be a consent given by the Head, Transport for Victoria for the purposes of that paragraph.
(2)An authorisation given by the Corporation for the purposes of section 68A(1)(d), (1A)(c), (2), (3) or (4) of the Act that is in effect immediately before the commencement day is taken, on that day, to be an authorisation given by the Secretary for the purposes of section 68A(1)(d), (1A)(c), (2), (3) or (4) of the Act, as the case requires.
30Permissions to alter or deface numbers on engine of a motor vehicle
A permission given by the Corporation for the purposes of section 73(a) of the Act that is in effect immediately before the commencement day is taken, on that day, to be a permission given by the Secretary for the purposes of that paragraph.
31Surveyor approvals
An approval of a licensed surveyor within the meaning of the Surveying Act 2004 for the purposes of section 78A of the Act by the Corporation that is in effect immediately before the commencement day is taken, on that day, to be an approval of that surveyor for the purposes of that section by the Secretary.
32General evidentiary provisions—certificates issued by the Corporation
A certificate issued by the Corporation before the commencement day, and referred to in section 84(1), (3), (4A) or (4C) of the Act, is taken, on that day, to be a certificate issued by the Secretary under section 84(1), (3), (4A) or (4C) of the Act, as the case requires, and continues, on and after that day, to have effect according to its tenor.
33Safe driving program approvals
An approval of a safe driving program by the Corporation under section 84BO of the Act that is in effect immediately before the commencement day is taken, on that day, to be an approval of a safe driving program under that section by the Secretary.
34Safe driver program provider approvals
An approval of a person or body by the Corporation under section 84BP of the Act to be a provider of safe driving programs that is in effect immediately before the commencement day is taken, on that day, to be an approval of the person or body to be a provider of safe driving programs under that section by the Secretary.
35Fee determination for participation in safe driver change program
A determination of a fee by the Corporation under section 84BV of the Act that is in effect immediately before the commencement day is taken, on that day, to be a determination of that fee by the Secretary under that section.
36Information protection agreements
(1)This regulation applies if immediately before the commencement day there is in force an information protection agreement within the meaning of section 90I of the Act to which the Corporation is a party.
(2)On the commencement day, the Secretary becomes a party to the agreement in place of the Corporation and the agreement continues in force on and after that day as if the Secretary had always been a party to the agreement.
37Intergovernmental agreements relating to the exchange of vehicle and driver information
(1)This regulation applies if immediately before the commencement day there is in force an intergovernmental agreement within the meaning of section 90I of the Act to which the Corporation is a party.
(2)On the commencement day, the Secretary becomes a party to the agreement in place of the Corporation and the agreement continues in force on and after that day as if the Secretary had always been a party to the agreement.
38Delegations
(1)This regulation applies if—
(a)immediately before the commencement day there is in effect an instrument of delegation, made by the Corporation under section 91(1) of the Act, under which a power of the Corporation under the Act is delegated to an officer of the Corporation or another person, as the case requires; and
(b)on and after that day, the function or power is a function or power conferred on the Secretary.
(2)Despite the repeal of section 91 of the Act, on and after the commencement day, the instrument of delegation continues in effect and is taken to be an instrument of delegation made by the Secretary under section 39(1) of the Transport Integration Act 2010 delegating the relevant function or power to the officer of the Corporation or person, as the case requires.
39Guidelines for industry codes of practice
Guidelines issued by the Corporation under section 93A of the Act that are in force immediately before the commencement day are taken, on that day, to be guidelines issued under that section by the Secretary.
40Registration of industry codes of practice
A registration by the Corporation of an industry code of practice under section 93B of the Act that is in force immediately before the commencement day is taken, on that day, to be a registration of the industry code of practice by the Secretary under that section.
41Equipment approvals by the Corporation
An approval of a type or kind of equipment by the Corporation under section 94 of the Act that is in effect immediately before the commencement day is taken, on that day, to be an approval of that type or kind of equipment by the Secretary under that section.
42Consents relating to embargo notices
A consent given by the Corporation for the purposes of section 142(3) of the Act that is in effect immediately before the commencement day is taken, on that day, to be a consent given by the Secretary for the purposes of that subsection.
43Notices sent by the Corporation
(1)A notice sent by the Corporation before the commencement day under or for the purposes of a specified provision of the Act that is in effect immediately before that day is taken, on that day, to be a notice sent by the Secretary under the applicable specified provision of the Act.
(2)In this regulation—
specified provision means section 9AG(1), 50AAF(2A)(j), 50AAH(2)(b), (4)(a) or (5)(a) or 50AAI(2)(b).
44Notices given by the Corporation under the Act
A notice given by the Corporation before the commencement day under or for the purposes of section 58E or 84BM of the Act that is in effect immediately before that day is taken, on that day, to be a notice given by the Secretary under section 58E or 84BM of the Act, as the case requires.
45Notices served by the Corporation under the Act
A notice served by the Corporation before the commencement day under or for the purposes of section 89C(5) or 89D(4) of the Act that is in effect immediately before that day is taken, on that day, to be a notice served by the Secretary under section 89C(5) or 89D(4) of the Act, as the case requires.
46Authorised officers and persons
(1)On the commencement day, a relevant person is taken to be authorised as an authorised officer or authorised person or authorised, as the case requires, under or for the purposes of a specified provision by the Secretary.
(2)To avoid doubt, on and after the commencement day, the Secretary may, by instrument, revoke the relevant person's—
(a)authorisation as an authorised officer or authorised person under or for the purposes of a specified provision; or
(b)authorisation under or for the purposes of a specified provision.
(3)In this regulation—
relevant person means a person who, under regulation 131, is taken to be authorised as an authorised officer or authorised person or authorised, as the case requires, under or for the purposes of a specified provision;
specified provision means any of the following, as the case requires—
(a)section 13(6) of the Act;
(b)section 16(1A) of the Act;
(c)section 16(2) of the Act;
(d)section 53(2)of the Act;
(e)section 59 of the Act;
(f)section 74 of the Act;
(g)section 77 of the Act;
(h)section 112 of the Act;
(i)the definition of authorised person in the Dictionary to the Road Rules;
(j)regulation 20 of the Road Safety (Traffic Management) Regulations 2019;
(k)regulation 7 of the Road Safety (Vehicles) Regulations 2009.
Part 4—Transitional arrangements relating to the Road Safety (Automated Vehicles) Regulations 2018
47Persons authorised by the Corporation for drive tests and assessments of automated driving systems
(1)This regulation applies to a person who, for the purposes of section 33K(3)(a)(i) of the Act—
(a)is, immediately before the commencement day, authorised by the Corporation; and
(b)is a person of a kind described in column 2 of the Table in regulation 11 of the Road Safety (Automated Vehicles) Regulations 2018[4].
(2)On the commencement day, the person is taken to be authorised by the Secretary for the purposes of section 33K(a)(i) of the Act.
48Corporation requests for records of ADS trials
(1)This regulation applies if—
(a)the Corporation has, before the commencement day, requested, under regulation 18(3)(b) of the Road Safety (Automated Vehicles) Regulations 2018, an ADS permit holder to make records available for inspection that the ADS permit holder is required to be keep under that regulation; and
(b)the ADS permit holder has not complied with that request before that day.
(2)On the commencement day, that request is taken to be a request made to the ADS permit holder by the Secretary under that regulation.
Part 5—Transitional arrangements relating to the Road Safety (Drivers) Regulations 2019
49Authorisations
A person who, immediately before the commencement day, is authorised by VicRoads for the purposes of regulation 10(2)(a) or (b) or 11(2)(a) of the Road Safety (Drivers) Regulations 2019 is taken, on that day, to be a person authorised by the Secretary for the purposes of regulation 10(2)(a) or (b) or 11(2)(a) of the Road Safety (Drivers) Regulations 2019, as the case requires.
50Written notice a person is no longer authorised to drive a motor vehicle on a highway
A notice given to a person by VicRoads under regulation 13(3) of the Road Safety (Drivers) Regulations 2019 that is in effect immediately before the commencement day is taken, on that day, to be a notice given to the person by the Secretary under that regulation.
51Determination of number of hours of night driving
A determination of the number of hours of night driving by VicRoads under regulation 16(2) of the Road Safety (Drivers) Regulations 2019 that is in effect immediately before the commencement day is taken, on that day, to be a determination of those hours by the Secretary under that regulation.
52Offences relating to alcohol interlocks and privacy of motor vehicle occupants—Written authorisations
A written authorisation given to a person by VicRoads for the purposes of regulation 34 of the Road Safety (Drivers) Regulations 2019 that is in effect immediately before the commencement day is taken, on that day, to be a written authorisation given to the person by the Secretary for the purposes of that regulation.
53Exemption from the requirement to complete a behaviour change program
An exemption given to a person by VicRoads under regulation 36(4) or 37(5) of the Road Safety (Drivers) Regulations 2019 that is in effect immediately before the commencement day is taken, on that day, to be an exemption given to the person by the Secretary under regulation 36(4) or 37(5) of the Road Safety (Drivers) Regulations 2019, as the case requires.
54Renewal notices
A renewal notice within the meaning of regulation 40(1) of the Road Safety (Drivers) Regulations 2019 sent by VicRoads before the commencement day in accordance with that regulation is taken, on that day, to be a renewal notice sent by the Secretary in accordance with that regulation.
55Declarations in relation to probationary prohibited vehicles
A declaration published by VicRoads under regulation 57(2) of the Road Safety (Drivers) Regulations 2019 that is in effect immediately before the commencement day is taken, on that day, to be a declaration published by the Secretary under that subregulation.
56Restrictions affecting certain motor cycle riders
(1)A certificate issued by VicRoads under regulation 59(6) of the Road Safety (Drivers) Regulations 2019 that is in effect immediately before the commencement day is taken, on that day, to be a certificate issued by the Secretary under that subregulation.
(2)An approval of a motor cycle, or class of motor cycle, as a learner approved motor cycle by VicRoads under regulation 59(7)(a) of the Road Safety (Drivers) Regulations 2019 that is in effect immediately before the commencement day is taken, on that day, to be an approval of a motor cycle, or class of motor cycle, as a learner approved motor cycle, as the case requires, by the Secretary under that paragraph.
57Driver licence and learner permit documents and receipts
(1)A driver licence document or learner permit document issued by VicRoads under regulation 62(2) of the Road Safety (Drivers) Regulations 2019 before the commencement day is taken, on that day, to be a driver licence document or learner permit document issued by the Secretary under that subregulation.
(2)A driver licence receipt or learner permit receipt issued by VicRoads under regulation 62(4) of the Road Safety (Drivers) Regulations 2019 before the commencement day is taken, on that day, to be a driver licence receipt or learner permit receipt issued by the Secretary under that subregulation.
58Persons authorised by the Corporation to carry out tests and assessments
(1)This regulation applies to a person who, for the purposes of section 27(3) of the Act—
(a)is, immediately before the commencement day, authorised by VicRoads; and
(b)a person of a kind described in column 2 of the Table in regulation 69(1) of the Road Safety (Drivers) Regulations 2019.
(2)On the commencement day, the person is taken to be authorised by the Secretary for the purposes of section 27(3) of the Act.
59Notices for the verification of records
A notice given to a person by VicRoads under regulation 70(2) of the Road Safety (Drivers) Regulations 2019 before the commencement day is taken, on that day, to be a notice given to that person by the Secretary under that subregulation.
60Exemptions to members of consular or diplomatic staff
An exemption given to a member of consular or diplomatic staff by VicRoads under regulation 71(1) of the Road Safety (Drivers) Regulations 2019 before the commencement day is taken, on that day, to be an exemption given to that member by the Secretary under that subregulation.
61Notices given by VicRoads in relation to the variation, suspension or cancellation of driver licence or learner permit
A written notice given to a holder of a driver licence or learner permit by VicRoads under regulation 82(1) or (3) of the Road Safety (Drivers) Regulations 2019 before the commencement day is taken, on that day, to be a notice given to that holder of a driver licence or learner permit by the Secretary under regulation 82(1) or (3), as the case requires.
62Notices of decisions relating to applications for reduced disqualifications or suspensions
A written notice of a decision given by VicRoads under regulation 86(3) of the Road Safety (Drivers) Regulations 2019 in relation to a decision made under regulation 86(1) or (2) of those Regulations before the commencement day is taken, on that day, to be a written notice given by the Secretary under regulation 86(3) of those Regulations.
Note
Under regulation 5, a decision of VicRoads under regulation 86(1) or (2) of the Road Safety (Drivers) Regulations 2019 before the commencement day is taken on that day to be a decision of the Secretary.
63Notices of decisions relating to applications for the removal of condition imposed for minimum period
A written notice of a decision given by VicRoads under regulation 89(3) of the Road Safety (Drivers) Regulations 2019 in relation to a decision made under regulation 89(1) or (2) of those Regulations before the commencement day is taken, on that day, to be a written notice given by the Secretary under regulation 89(3) of those Regulations.
Note
Under regulation 5, a decision of VicRoads under regulation 89(1) or (2) of the Road Safety (Drivers) Regulations 2019 before the commencement day is taken on that day to be a decision of the Secretary.
64Exemptions
An exemption granted to a person by VicRoads under regulation 101(1) of the Road Safety (Drivers) Regulations 2019 that is in effect immediately before the commencement day is taken, on that day, to be an exemption granted to that person by the Secretary under that regulation.
Part 6—Transitional arrangements relating to the Road Safety (General) Regulations 2019
65Authorisations of suitably qualified testers of portable weighing device
An authorisation of a person by VicRoads under regulation 60(5) of the Road Safety (General) Regulations 2019[5] as a suitably qualified person for the purposes of that regulation that is in effect immediately before the commencement day is taken, on that day, to be an authorisation of that person by the Secretary under regulation 60(5) of those Regulations.
Part 7—Transitional arrangements relating to the Road Rules
66Definitions
In this Part—
approved bicycle helmet has the same meaning as in the Road Rules;
bicycle has the same meaning as in the Road Rules;
bicycle trailer has the meaning given by rule 257(2) of the Road Rules;
driver has the same meaning as in the Road Rules;
electric personal transporter has the same meaning as in the Road Rules;
rider has the same meaning as in the Road Rules;
scooter has the same meaning as in the Road Rules;
truck has the same meaning as in the Road Rules.
67Corporation consent allowing riding of bicycle and driving of vehicle in emergency stopping lane
A written consent given to a rider of a bicycle or driver of a vehicle by VicRoads for the purposes of rule 95(2) of the Road Rules that is in effect immediately before the commencement day is taken, on that day, to be a written consent given by the Secretary to that rider or driver for the purposes of that rule.
68Corporation consent allowing driving of vehicle along length of road to a which a road access sign applies
A written consent given to a driver of a vehicle by VicRoads for the purposes of rule 97(3) of the Road Rules that is in effect immediately before the commencement day is taken, on that day, to be a written consent given by the Secretary to that driver for the purposes of that rule.
69Exemptions granted to drive trucks past a no trucks sign
An exemption granted by the Corporation to a driver or a truck or in respect of a geographic area under rule 104(7) of the Road Rules that is in effect immediately before the commencement day is taken, on that day, to be an exemption granted by the Secretary to that driver or that truck or in respect of that geographic area under that rule.
70Label or identifying label or mark issued or approved by the Corporation indicating vehicle is constructed principally for carrying loads
A registration label or identifying label or mark issued or approved by the Corporation for the purposes of rule 179(1)(f)(i) of the Road Rules before the commencement day is taken, on that day, to be a registration label or identifying label or mark issued or approved by the Secretary for the purposes of that rule.
71Exemptions from making a motor vehicle secure
An exemption from the application of rule 213(3), (4) or (5) of the Road Rules granted to a driver of a motor vehicle by the Corporation under rule 213(8) that is in effect immediately before the commencement day is taken, on that day, to be an exemption granted by the Secretary to that driver under rule 213(8) of the Road Rules.
72Certificate issued to person travelling on scooter exempting them from wearing approved bicycle helmet
A certificate issued to a person by the Corporation under rule 244B(2) of the Road Rules that is in effect immediately before the commencement day is taken, on that day, to be a certificate issued to that person by the Secretary under that subrule.
73Electric personal transporter routes and use areas
A route or an area specified by the Corporation by notice published under rule 244C(1) of the Road Rules that is in effect immediately before the commencement day is taken, on that day, to be a route or an area specified by the Head, Transport for Victoria by notice published under that rule.
74Certificate issued to person travelling on electric personal transporter exempting them from wearing approved bicycle helmet
A certificate issued to a person by the Corporation under rule 244P(2) of the Road Rules that is in effect immediately before the commencement day is taken, on that day, to be a certificate issued to that person by the Secretary under that subrule.
75Certificate issued to rider of a bicycle exempting them from wearing approved bicycle helmet
A certificate issued to a rider of a bicycle by the Corporation under rule 256(4) of the Road Rules that is in effect immediately before the commencement day is taken, on that day, to be a certificate issued to that person by the Secretary under that subrule.
76Certificate issued to person in or on bicycle trailer exempting them from wearing approved bicycle helmet
A certificate issued to a person by the Corporation under rule 257(3) of the Road Rules that is in effect immediately before the commencement day is taken, on that day, to be a certificate issued to that person by the Secretary under that subrule.
77Exemptions from wearing seatbelts—certificate exempting person
A certificate issued by the Corporation under rule 267(1) of the Road Rules to a person, or that applies to a class of persons named in the certificate, that is in effect immediately before the commencement day is taken, on that day, to be a certificate issued by the Secretary under that subrule to that person or that applies to that class of persons named in the certificate.
78Exemptions relating to travelling in or on motor vehicles
An exemption granted to a person or in relation to a vehicle by the Corporation by notice for the purposes of rule 268(6)(a) or (b) of the Road Rules that is in effect immediately before the commencement day is taken, on that day, to be an exemption granted to the person or in relation to the vehicle by the Secretary for the purposes of that subrule.
79Exemptions from requirements relating to riding on motor bikes and motor cycles
An exemption from the application of rule 271(1), (2), (3), (4), (5), (5A), (5B) or (5C) of the Road Rules granted to a person by the Corporation under rule 271(6)(a) that is in effect immediately before the commencement day is taken, on that day, to be an exemption granted by the Secretary to that person under rule 271(6)(a).
80Exemptions relating to driving on a path or nature strip
An exemption granted to a driver of a vehicle by the Corporation under rule 288(8) or 289(4) of the Road Rules that is in effect immediately before the commencement day is taken, on that day, to be an exemption granted to the driver of the vehicle by the Secretary under rule 288(8) or 289(4), as the case requires.
81Exemptions relating to driving a vehicle with television receiver or visual display unit in or on the vehicle
An exemption granted to a driver of a vehicle by the Corporation for the purposes of rule 299(2)(c) of the Road Rules that is in effect immediately before the commencement day is taken, on that day, to be an exemption granted to the driver of the vehicle by the Secretary under that rule.
82Certificates exempting riders who are under 18 from wearing horse riding helmets
A certificate issued to a rider of a horse, or a person being carried by a horse, by the Corporation under rule 303A(2) of the Road Rules that is in effect immediately before the commencement day is taken, on that day, to be certificate issued, under that subrule, to the rider or person by the Secretary.
83Declared items
A declaration of an approval of an item by the Corporation by notice published under rule 407 of the Road Rules that is in effect immediately before the commencement day is taken, on that day, to be a declaration of the approval of the item by the Secretary.
84Authorised persons
A person who, immediately before the commencement day, is authorised by the Corporation as an authorised person for the purposes of paragraph (a) of the definition of authorised person in the Dictionary to the Road Rules is taken, on that day, to be a person authorised by the Secretary as an authorised person for the purposes of paragraph (a) of that definition.
85Code for the Disabled Persons Parking Scheme
(1)The Code for the Disabled Persons Parking Scheme published in the Government Gazette by the Corporation that is in effect immediately before the commencement day is taken, on that day, to have been published by the Secretary.
(2)In this regulation—
Code for the Disabled Persons Parking Scheme means the Code for the Disabled Persons Parking Scheme referred to in the definition of parking permit for people with disabilities in the Dictionary to the Road Rules.
Part 8—Transitional arrangements relating to the Road Safety (Traffic Management) Regulations 2019
86Authorisations for the purposes of Part of the Regulations
(1)An authorisation of VicRoads for the purposes of a specified provision of the Road Safety (Traffic Management) Regulations 2019 that is in effect immediately before the commencement day is taken, on that day, to be an authorisation of the Head, Transport for Victoria for the purposes of the specified provision.
(2)In this regulation—
specified provision means regulation 11(1)(a) or (2)(d), 12(1)(g), 13(1)(d), 17(5), 18(1)(a), 20 or 22(2).
87Manual operation of traffic signals by authorised persons
A person who, immediately before the commencement day, is authorised by VicRoads under regulation 20 of the Road Safety (Traffic Management) Regulations 2019 to manually operate traffic signals for the purpose of traffic control is taken, on that day, to be authorised by the Head, Transport for Victoria under that regulation to manually operate traffic signals for that purpose.
88Stock crossing permits
A permit issued by VicRoads under regulation 26(2) of the Road Safety (Traffic Management) Regulations 2019 that is in effect immediately before the commencement day is taken, on that day, to be a permit issued by the Head, Transport for Victoria under that regulation.
Part 9—Transitional arrangements relating to the Road Safety (Vehicles) Regulations 2009
89Definitions
In this Part—
agricultural vehicle area of operation has same meaning as in regulation 5 of the Road Safety (Vehicles) Regulations 2009;
certificate of inspection has the same meaning as in regulation 5 of the Road Safety (Vehicles) Regulations 2009;
class O notice has the same meaning as in regulation 5 of the Road Safety (Vehicles) Regulations 2009;
class O permit has the same meaning as in regulation 5 of the Road Safety (Vehicles) Regulations 2009;
club permit has the same meaning as in regulation 152 of the Road Safety (Vehicles) Regulations 2009;
club permit label has the same meaning as in regulation 152 of the Road Safety (Vehicles) Regulations 2009;
eligible person has the same meaning as in regulation 138 of the Road Safety (Vehicles) Regulations 2009;
eligible vehicle has the same meaning as in regulation 152 of the Road Safety (Vehicles) Regulations 2009;
light vehicle has the same meaning as in regulation 5 of the Road Safety (Vehicles) Regulations 2009;
major roadhas the same meaning as in regulation 5 of the Road Safety (Vehicles) Regulations 2009;
permit holder has the same meaning as in regulation 152 of the Road Safety (Vehicles) Regulations 2009;
short term unregistered vehicle permit has the same meaning as in regulation 5 of the Road Safety (Vehicles) Regulations 2009;
trade plate has the same meaning as in regulation 5 of the Road Safety (Vehicles) Regulations 2009;
urban areahas the same meaning as in regulation 5 of the Road Safety (Vehicles) Regulations 2009;
vehicle club has the same meaning as in regulation 152 of the Road Safety (Vehicles) Regulations 2009.
90Corporation declared matters for the purposes of the Road Safety (Vehicles) Regulations 2009
A declaration by the Corporation under regulation 6 of the Road Safety (Vehicles) Regulations 2009 of any of the following matters that is in effect immediately before the commencement day, is taken, on that day, to be a declaration by the Secretary under that regulation of that matter—
(a)a declaration of an area to be an agricultural vehicle area of operation for the purposes of those Regulations;
(b)a declaration of a highway to be a major road for the purposes of those Regulations;
(c)a declaration of an area to be an urban area for the purposes of those Regulations;
(d)a declaration of a body to be an approved body for the purposes of regulation 215(1)(a) of those Regulations;
(e)a declaration of a modification to a light vehicle to be an approved modification for the purposes of regulation 21(3) of those Regulations;
(f)a declaration of the operating mass of a light vehicle for the purposes of those Regulations.
91Authorised officers for the purposes of the Road Safety (Vehicles) Regulations 2009
(1)This regulation applies to a written authorisation of a person as an authorised officer by the Corporation under regulation 7 of the Road Safety (Vehicles) Regulations 2009 that is in effect immediately before the commencement day.
(2)The written authorisation continues in effect on and after the commencement day as if that authorisation had been an authorisation made by the Secretary under regulation 7 of the Road Safety (Vehicles) Regulations 2009.
92Approved notices, labels, forms and reports
An approval of the Corporation under regulation 11 of the Road Safety (Vehicles) Regulations 2009 of any of the following things that is in effect immediately before the commencement day is taken, on that day, to be an approval of the Secretary under that regulation of that thing—
(a)application forms for the purposes of regulations 24, 59, 71, 77, 78, 79, 140, 155, 157C, 180, 200 and 206 of those Regulations;
(b)notices or labels for the purposes of regulations 91 and 92 of those Regulations;
(c)reports for the purposes of regulation 31, 98, 225 and 226 of those Regulations.
93Written permission to alter, deface, remove, substitute or tamper with a vehicle identification number
A written permission given to a person by the Corporation for the purposes of regulation 18 of the Road Safety (Vehicles) Regulations 2009 that is in effect immediately before the commencement day is taken, on that day, to be a written permission given by the Secretary to that person for the purposes of that regulation.
94Dealer certification scheme arrangements
(1)This regulation applies if immediately before the commencement day there is in force an arrangement under regulation 31 of the Road Safety (Vehicles) Regulations 2009 to which the Corporation is a party.
(2)On the commencement day, the Secretary becomes a party to the arrangement in place of the Corporation and the arrangement continues in force on and after that day as if the Secretary had always been a party to the arrangement.
95Certificates of registration
A certificate of registration for a vehicle issued by the Corporation under regulation 41 of the Road Safety (Vehicles) Regulations 2009 before the commencement day is taken, on and after that day, to be a certificate of registration for the vehicle issued by the Secretary under that regulation.
96Replacement certificates of registration
A replacement certificate of registration for a vehicle issued by the Corporation to the vehicle's registered operator under regulation 42 of the Road Safety (Vehicles) Regulations 2009 before the commencement day is taken, on and after that day, to be a certificate of registration for the vehicle issued by the Secretary to the vehicle's registered operator under that regulation.
97Registration numbers
A registration number assigned by the Corporation to a vehicle under regulation 44 of the Road Safety (Vehicles) Regulations 2009 before the commencement day is taken, on and after that day, to be the registration number assigned to that vehicle by the Secretary under that regulation.
98Number plates
A number plate issued by the Corporation to a registered operator of a vehicle under regulation 45 of the Road Safety (Vehicles) Regulations 2009 before the commencement day is taken, on and after that day, to be a number plate issued to the registered operator by the Secretary under that regulation.
99Replacement number plates
A replacement number plate issued by the Corporation to a registered operator of a vehicle under regulation 46(2) of the Road Safety (Vehicles) Regulations 2009 before the commencement day is taken, on and after that day, to be a replacement number plate issued to the registered operator by the Secretary under that regulation.
100Authority relating to equipment used for road safety, enforcement or tolling purposes to read number plates or registration numbers
An authority given by the Corporation under regulation 50A of the Road Safety (Vehicles) Regulations 2009 that is in effect immediately before the commencement day is taken, on that day, to be an authority given by the Secretary under that regulation.
101Authorised agents who issue number plates or sell registration number rights
An authorisation of a person to be an agent of the Corporation under regulation 65 of the Road Safety (Vehicles) Regulations 2009 that is in effect immediately before the commencement day is taken, on that day, to be an authorisation of that person to be an agent by the Secretary under that regulation.
102Codes or terms approved by the Corporation as to whether vehicle is a statutory write-off or repairable write-off
Codes or terms approved by the Corporation for the purposes of regulation 87(3)(c) or (d) of the Road Safety (Vehicles) Regulations 2009 that are in effect immediately before the commencement day are taken, on that day, to be codes or terms approved by the Secretary for the purposes of regulation 87(3)(c) or (d), as the case requires.
103Authorisation of persons to issue certificates
(1)This regulation applies to a written authorisation of a person by the Corporation under regulation 99(1) of the Road Safety (Vehicles) Regulations 2009 authorising the person to issue certificates for the purposes of regulation 97(1)(a) of those Regulations that is in effect immediately before the commencement day.
(2)The written authorisation continues in effect on and after the commencement day as if that authorisation had been an authorisation of the person by the Secretary under regulation 99(1) of the Road Safety (Vehicles) Regulations 2009.
104Agreements relating to extracts from Corporation records
(1)This regulation applies if immediately before the commencement day there is in force an agreement under regulation 104(3) of the Road Safety (Vehicles) Regulations 2009 to which the Corporation is a party.
(2)On the commencement day, the Secretary becomes a party to the agreement in place of the Corporation and the agreement continues in force on and after that day as if the Secretary had always been a party to the agreement.
105Exemption of vehicle by Corporation
An exemption of a vehicle by the Corporation under regulation 132(1) of the Road Safety (Vehicles) Regulations 2009 that is in effect immediately before the commencement day is taken, on that day, to be an exemption of the vehicle by the Secretary under that regulation.
106Short term unregistered vehicle permit
A short term unregistered vehicle permit issued by the Corporation under regulation 134 of the Road Safety (Vehicles) Regulations 2009 that is in effect immediately before the commencement day is taken, on that day, to be a short term unregistered vehicle permit issued by the Secretary under that regulation.
107Assignments of general identification marks
An assignment of a general identification mark to an eligible person by the Corporation under regulation 141(1)(a) of the Road Safety (Vehicles) Regulations 2009 that is in effect immediately before the commencement day is taken, on that day, to be an assignment of a general identification mark to that eligible person by the Secretary under that subregulation.
108Supply of trade plates
Trade plates supplied to an eligible person by the Corporation under regulation 141(1)(b) of the Road Safety (Vehicles) Regulations 2009 before the commencement day and which are in the possession or control of the eligible person immediately before that day are taken, on that day, to have been supplied to the eligible person by the Secretary under that subregulation.
109Certificate of assignment of a general identification mark
A certificate of assignment of a general identification mark issued by the Corporation under regulation 141(3) of the Road Safety (Vehicles) Regulations 2009 before the commencement day is taken, on that day, to be a certificate of assignment of a general identification mark issued by the Secretary under that subregulation.
110Approvals of vehicle clubs
An approval of a vehicle club by the Corporation under regulation 154(1) of the Road Safety (Vehicles) Regulations 2009 that is in effect immediately before the commencement day is taken, on that day, to be an approval of that vehicle club by the Secretary under that subregulation.
111Club permits
(1)This regulation applies to a club permit issued by the Corporation that is in force immediately before the commencement day or a club permit that is suspended immediately before the commencement day.
(2)On the commencement day, the club permit is taken to be a club permit issued by the Secretary.
112Club permit number plates and replacement club permit number plates
(1)A club permit number plate or slimline club permit number plate issued by the Corporation to a permit holder in respect of an eligible vehicle under regulation 157G of the Road Safety (Vehicles) Regulations 2009 before the commencement day is taken, on and after that day, to be a club permit number plate or slimline club permit number plate, as the case requires, issued to the permit holder by the Secretary under that regulation.
(2)A replacement club permit number plate or replacement slimline club permit number plate issued by the Corporation to a permit holder in respect of an eligible vehicle under regulation 157G(7) or (8) of the Road Safety (Vehicles) Regulations 2009 before the commencement day is taken, on and after that day, to be a replacement club permit number plate or replacement slimline club permit number plate issued to the permit holder by the Secretary under regulation 157G(7) or (8) of the Road Safety (Vehicles) Regulations 2009, as the case requires.
113Class O notices
A class O notice that is in effect immediately before the commencement day is taken, on that day, to be a class O notice published by the Secretary.
114Class O permits
A class O permit that is in effect immediately before the commencement day is taken, on that day, to be a class O permit issued by the Secretary.
115Tester's licence
(1)This regulation applies to a tester's licence issued by the Corporation under regulation 201 of the Road Safety (Vehicles) Regulations 2009 that is in effect immediately before the commencement day or a tester's licence that is suspended immediately before the commencement day.
(2)On the commencement day, the tester's licence is taken to be a tester's licence issued by the Secretary under regulation 201 of the Road Safety (Vehicles) Regulations 2009.
116Approvals of additional or replacement premises
An approval of additional or replacement premises for examining and testing vehicles by the Corporation under regulation 202 of the Road Safety (Vehicles) Regulations 2009 that is in effect immediately before the commencement day is taken, on that day, to be an approval of the additional or replacement premises, as the case requires, by the Secretary under that regulation.
117Register of licensed testers
The register of licensed testers kept by the Corporation under regulation 207 of the Road Safety (Vehicles) Regulations 2009 before the commencement day is taken, on and after that day, to be kept by the Secretary under that regulation.
118Duplicate tester's licences
A duplicate tester's licence issued to a tester by the Corporation under regulation 208 of the Road Safety (Vehicles) Regulations 2009 that is in effect immediately before the commencement day is taken, on that day, to be a duplicate tester's licence issued to the tester by the Secretary under that regulation.
119Motor mechanic certificates
(1)A level of motor mechanic certificate specified by the Corporation under regulation 215(1)(a) of the Road Safety (Vehicles) Regulations 2009 before the commencement day is taken, on that day, to be a level of motor mechanic certificate specified by the Secretary under that regulation.
(2)An approval of a body that issues motor mechanic certificates by the Corporation under regulation 215(1)(a) of the Road Safety (Vehicles) Regulations 2009 before the commencement day is taken, on that day, to be an approval of that body by the Secretary under that regulation.
120Directions about examining and testing of vehicles
A written direction given to a licensed tester by the Corporation under regulation 220(1) of the Road Safety (Vehicles) Regulations 2009 that is in effect immediately before the commencement day is taken, on that day, to be a written direction given to the licence tester by the Secretary under that subregulation.
121Approvals relating to towing offences and using a modified vehicle
An approval given by the Corporation for the purposes of regulation 249(1) or 257(1)(a) of the Road Safety (Vehicles) Regulations 2009 that is in effect immediately before the commencement day is taken, on that day, to be an approval given by the Secretary for the purposes of regulation 249(1) or 257(1)(a) of the Road Safety (Vehicles) Regulations 2009, as the case requires.
122Guidelines relating to using a modified vehicle
Guidelines published by the Corporation for the purposes of regulation 257(1)(b) of the Road Safety (Vehicles) Regulations 2009 that are in effect immediately before the commencement day are taken, on that day, to be guidelines published by the Secretary for the purposes of that regulation.
123Class O information sheet or bulletin
(1)A class O information sheet or bulletin issued by the Corporation under regulation 260(1) of the Road Safety (Vehicles) Regulations 2009 that is in effect immediately before the commencement day is taken, on that day, to be a class O information sheet or bulletin issued by the Secretary under that regulation.
(2)In this regulation—
class O information sheet or bulletin means an information sheet or bulletin that sets out the obligations imposed under a class O notice.
124Hazardous areas
A declaration of an area as a hazardous area by the Corporation under regulation 262 of the Road Safety (Vehicles) Regulations 2009 that is in force immediately before the commencement day is taken, on that day, to be a declaration of that area as a hazardous area by the Secretary under that regulation.
125Hazardous area authorities
A hazardous area authority issued by the Corporation under regulation 264(3) of the Road Safety (Vehicles) Regulations 2009 that is in effect immediately before the commencement day is taken, on that day, to be a hazardous area authority issued by the Secretary under that subregulation.
126Approval of wheel chains design
An approval of the Corporation under regulation 267(d) of the Road Safety (Vehicles) Regulations 2009 of a design of wheel chains that is in effect immediately before the commencement day is taken, on that day, to be an approval of the Secretary under that regulation of that design of wheel chains.
127Exemptions for emergencies
An exemption from a requirement in the Road Safety (Vehicles) Regulations 2009 granted by the Corporation under regulation 268(1) of those Regulations that is in effect immediately before the commencement day is taken, on that day, to be an exemption granted by the Secretary under that regulation.
128Vehicle standards—Standards for warning lights
A standard set by the Corporation under clause 116(6)(c) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 that a warning light must meet that is in effect immediately before the commencement day is taken, on that day, to be a standard set by the Secretary under that clause.
129Vehicle standards—Approval of lights and reflectors
A written approval given by the Corporation under clause 118(3) or (4) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 that is in effect immediately before the commencement day is taken, on that day, to be a written approval given by the Secretary under clause 118(3) or (4) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, as the case requires.
130Written notices given by the Corporation
(1)A written notice given by the Corporation under a specified provision before the commencement day is taken, on that day, to have been given by the Secretary.
(2)In this regulation—
specified provision means regulation 14(3), 28(1), 29(4), 30(5) or (6), 61(1), 62(3), 69(5), 70(1) or (1A), 82, 95(5), 115(1), 117(3), 119(2), 132(3), 137(2), 157E(2) or (4), 210, 211(1) or (3) or 215(3) of the Road Safety (Vehicles) Regulations 2009.
Part 10—Transitional arrangements relating to transfer of Corporation staff to National Heavy Vehicle Regulator
131Corporation officers and employees transferred to National Heavy Vehicle Regulator continue to be authorised officers
(1)This regulation applies to a person who—
(a)is a member of the staff of the Regulator within the meaning of the Heavy Vehicle National Law (Victoria) on the day on which this regulation comes into operation; and
(b)was, immediately before the day on which this regulation comes into operation, an officer or employee of the Corporation—
(i)authorised by the Corporation to be an authorised officer or authorised person under or for the purposes of a specified provision; or
(ii)authorised by the Corporation under or for the purposes of a specified provision.
(2)Despite anything to the contrary in the Act, on and after the day on which this regulation comes into operation, the person is taken to be, as the case requires—
(a)authorised by the Corporation to be an authorised officer or authorised person under or for the purposes of a specified provision; or
(b)authorised by the Corporation under or for the purposes of a specified provision.
(3)A person ceases to be authorised under this regulation under or the purposes of a specified provision as an authorised officer, authorised person or otherwise if the person ceases to be a member of the staff of the Regulator.
(4)In this regulation—
specified provision means any of the following, as the case requires—
(a)section 13(6) of the Act;
(b)section 16(1A) of the Act;
(c)section 16(2) of the Act;
(d)section 53(2)of the Act;
(e)section 59 of the Act;
(f)section 74 of the Act;
(g)section 77 of the Act;
(h)section 112 of the Act;
(i)the definition of authorised person in the Dictionary to the Road Rules;
(j)regulation 20 of the Road Safety (Traffic Management) Regulations 2019;
(k)regulation 7 of the Road Safety (Vehicles) Regulations 2009.
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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 (Transport Legislation Amendment Act 2019) Transitional Regulations 2019, S.R. No. 154/2019 were made on 17 December 2019 by the Governor in Council under section 105G of the Road Safety Act 1986, No. 127/1986 and came into operation as follows:
Regulations 1−4, 131 are taken to have come into operation on 8 December 2019: regulation 3(1); regulations 5−103 on 1 January 2020: regulation 3(2).
The Road Safety (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 will sunset 10 years after the day of making on 17 December 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
There are no amendments made to the Road Safety (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1] Reg. 5(2): S.R. No. 93/2019.
[2]
Reg. 9(4), definition of specified provision, paragraph (b):
S.R. No. 100/2019 as amended by S.R. No. 210/2019.
[3]
Reg. 9(4), definition of specified provision, paragraph (c):
S.R. No. 118/2009. Reprint No. 3 as at 30 January 2015. Subsequently amended by S.R. Nos 79/2015, 118/2015, 159/2015, 50/2016, 93/2016, 42/2017, 100/2017, 117/2017, 89/2018 and 54/2019.
[4] Reg. 47(1): S.R. No. 120/2018.
[5] Reg. 65: S.R. No. 88/2019.
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