Road Safety (Vehicles) Amendment Regulations 2020 (Vic)
Road Safety (Vehicles) Amendment Regulations 2020
S.R. No. 46/2020
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Principal Regulations
Part 2—Vehicle registration
5New regulation 39A inserted
6Registration numbers
7New regulation 63A inserted
8Regulation 70 substituted
9Obligations of certain persons disposing of registered vehicle
10Obligations of acquirers other than under legal process
11Discretionary refusal to record transfer
12New regulation 81A inserted
13Application of certain fees
14Grounds for suspension
15Completing test reports
16Certificates of roadworthiness
17Issue of certificates of roadworthiness
Part 3—Schedules
Division 1—Schedule 2
18Definitions
19Mudguards and spray suppression
20Tyre tread
21White or silver band on certain vehicles
22Rear marking plates
23Clause 172 of Schedule 2 substituted
Division 2—Schedule 3
24Schedule 3—Concessional fees for registration and renewal of registration
Division 3—Schedule 5
25Schedule 5—Miscellaneous fees
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Endnotes
STATUTORY RULES 2020
S.R. No. 46/2020
Road Safety Act 1986
Road Safety (Vehicles) Amendment Regulations 2020
The Governor in Council makes the following Regulations:
Dated: 2 June 2020
Responsible Minister:
JAALA PULFORD
Minister for Road Safety and the TACCLAIRE CHISHOLM
Clerk of the Executive Council
Part 1—Preliminary
1Objectives
The objectives of these Regulations are to amend the Road Safety (Vehicles) Regulations 2009—
(a)consequential to the enactment of the Commercial Passenger Vehicle Industry Act 2017; and
(b)to enable the Secretary to alter the register to correct an error or an omission in the register; and
(c)to prescribe additional circumstances when the Secretary may suspend the registration of a vehicle; and
(d)to increase certain fees set out in Schedule 5; and
(e)to make other minor and technical changes.
2Authorising provision
These Regulations are made under section 95 of the Road Safety Act 1986.
3Commencement
These Regulations come into operation on 2 June 2020.
4Principal Regulations
In these Regulations, the Road Safety (Vehicles) Regulations 2009[1] are called the Principal Regulations.
Part 2—Vehicle registration
5New regulation 39A inserted
After regulation 39 of the Principal Regulations insert—
"39A Power to correct an error or omission in the register
(1)The Secretary, on the basis of such evidence as appears to the Secretary to be sufficient, may alter the register to correct an error or omission if the Secretary is satisfied on reasonable grounds that the alteration is necessary to ensure the accuracy of the information in the register.
(2)If the Secretary alters the register in accordance with subregulation (1), the Secretary—
(a)must not erase, delete or render illegible the original entry in the register that is altered; and
(b)must record in the register the date the alteration was made.
(3)The Secretary may require evidence in a form acceptable to the Secretary for the purposes of subregulation (1).".
6Registration numbers
For regulation 44(5)(b) of the Principal Regulations substitute—
"(b)the vehicle is a commercial passenger vehicle and is compliant (as defined in regulation 9(4) of the Commercial Passenger Vehicle Industry Regulations 2018[2]); or".
7New regulation 63A inserted
After regulation 63 of the Principal Regulations insert—
"63A Issue of non-standard number plates for commercial passenger vehicles
(1)A registered operator of a commercial passenger vehicle may apply to the Secretary for the issue of non-standard number plates that identify the vehicle as a commercial passenger vehicle.
(2)An applicant under subregulation (1) must pay the fee fixed by the Secretary under section 5AE of the Act.
(3)If the Secretary is satisfied that the vehicle is a commercial passenger vehicle used to provide a booked commercial passenger vehicle service, the Secretary may issue non‑standard number plates to the applicant subject to any conditions the Secretary thinks fit.
(4)The issue of non-standard number plates to an applicant under subregulation (3) does not, in itself, confer on that applicant registration number rights in the registration number displayed on the non-standard number plates.".
8Regulation 70 substituted
For regulation 70 of the Principal Regulations substitute—
"70 Return of number plates
(1)The Secretary may, by written notice to the registered operator of the vehicle, request the registered operator to return the vehicle's number plates to the Secretary by the date specified in the notice if—
(a) the period during which the vehicle's registration may be renewed has expired and the registered operator has not renewed the vehicle's registration; or
(b)new number plates have been assigned to the vehicle under the Heavy Vehicle National Law (Victoria); or
(c)non-standard number plates have been issued in respect of the vehicle in accordance with regulation 63A and the Secretary is satisfied that the vehicle is no longer a commercial passenger vehicle.
(2)If the registered operator of a vehicle is given a notice under subregulation (1), the registered operator must return the vehicle's number plates to the Secretary no later than the date specified in the notice.
Penalty:3 penalty units.".
9Obligations of certain persons disposing of registered vehicle
In regulation 71(1) of the Principal Regulations omit "and sign it".
10Obligations of acquirers other than under legal process
In regulation 75 of the Principal Regulations—
(a)in subregulation (1) omit "and signed";
(b)in subregulation (2) omit "and sign it";
(c)after subregulation (4)(b)(i) insert—
"(ia)from a person whom the Secretary is satisfied is the former spouse or domestic partner of the person if the Secretary is also satisfied that—
(A)the transfer of registration is made because of a breakdown of the person's marriage or domestic relationship; and
(B)no other person takes or is entitled to take an interest in the vehicle under the transfer of registration; or";
(d)after subregulation (4)(b)(ii) insert—
"(iii)by a surviving spouse or domestic partner of a deceased person who acquired the vehicle through an entitlement to the whole or part of the deceased person's estate; or
(iv)from a person who acquired the vehicle on behalf of a minor by that minor when they reach majority; or";
(e)in subregulation (5)(a) omit ", sign it".
11Discretionary refusal to record transfer
In regulation 81(1) of the Principal Regulations—
(a)in paragraph (h), for "regulation 29(1) or (2)." substitute "regulation 29(1) or (2);";
(b)after paragraph (h) insert—
"(i)the vehicle was issued with non‑standard number plates under regulation 63A and the vehicle is no longer a commercial passenger vehicle.".
12New regulation 81A inserted
After regulation 81 of the Principal Regulations insert—
"81A Incomplete application for transfer of registration
(1)The Secretary may return an application for transfer of registration to the applicant if the application is incomplete or does not otherwise comply with the requirements set out in regulation 75.
(2)If the Secretary returns an application for transfer of registration, the Secretary must—
(a)advise the applicant of the reasons for returning the application; and
(b)return or refund any duty or fee that accompanied the application.
(3)The return of an application by the Secretary to the applicant under subregulation (1) does not constitute a refusal to record the transfer of registration of a vehicle under this Division.".
13Application of certain fees
After regulation 107(1)(e) of the Principal Regulations insert—
"(ea)the fee payable for the issue of non-standard number plates for commercial passenger vehicles referred to in regulation 63A(2);".
14Grounds for suspension
(1)In regulation 114 of the Principal Regulations—
(a)in paragraph (s), for "registration." substitute "registration; or";
(b)after paragraph (s) insert—
"(t)the registered operator of the vehicle has not complied with a notice under regulation 70(1)(c) to return the vehicle's number plates by the date specified in the notice.".
(2)At the end of regulation 114 of the Principal Regulations insert—
"(2)With the prior approval of the Minister, the Secretary may suspend the registration of a vehicle if the vehicle, or any part of the vehicle, is subject to a recall notice under section 122 of the Australian Consumer Law (Victoria) and—
(a)the manufacturer has demonstrated to the Secretary that the manufacturer has exhausted available actions to prevent injury to any person; or
(b)the Secretary is satisfied that the suspension of registration of the vehicle is reasonably necessary to prevent injury to any person.".
15Completing test reports
For regulation 222(2) of the Principal Regulations substitute—
"(2)A test report must be completed in the way approved by the Secretary.".
16Certificates of roadworthiness
For regulation 223(b) of the Principal Regulations substitute—
"(b)be completed by the licensed tester or a person employed or authorised by the licensed tester.".
17Issue of certificates of roadworthiness
(1)For regulation 227(2) of the Principal Regulations substitute—
"(2)A certificate has no effect if—
(a)it is not in the approved form; or
(b)it is not completed by the licensed tester or a person employed or authorised by the licensed tester; or
(c)any item in the certificate has been altered.".
(2)In regulation 227(3) of the Principal Regulations, for "sign" substitute "issue".
Part 3—Schedules
Division 1—Schedule 2
18Definitions
In clause 3 of Schedule 2 to the Principal Regulations insert the following definitions—
'conspicuity marking has the same meaning as in ADR 13/00;
principal grooves, in relation to a tyre, means the wide grooves—
(a)positioned in the central zone of the tyre tread; and
(b)in which tread wear indicators are located;
rear marking plates means a rear marking plate that complies with VSB 12;
tread wear indicators, in relation to a tyre, means projections within a groove of the tyre that indicate the degree of wear on the tyre's tread;
VSB 12 means the VSB titled "VSB 12—National Code of Practice for Rear Marking Plates for all motor vehicles over 12 tonnes GVM and for all trailers over 10 tonnes GVM", as published from time to time by the Department of Infrastructure, Transport, Regional Development and Communications;
Note
VSB 12 is available from and spray suppression
In clause 33(5)(c) of Schedule 2 to the Principal Regulations, after "plates" insert "or conspicuity markings".
20Tyre tread
In clause 54(2) of Schedule 2 to the Principal Regulations, for "Except at tread wear indicators, a tyre fitted to the vehicle must have a tread pattern at least 1×5 millimetres deep" substitute "A tyre fitted to the vehicle must have a tread pattern at least 1×5 millimetres deep in all principal grooves on the tyre, other than at tread wear indicators,".
21White or silver band on certain vehicles
In clause 59(1)(c) of Schedule 2 to the Principal Regulations, after "plates" insert "or conspicuity markings".
22Rear marking plates
(1)In the heading to clause 119 of Schedule 2 to the Principal Regulations, after "Rear marking plates" insert "and conspicuity markings".
(2)Clause 119(1) of Schedule 2 to the Principal Regulations is revoked.
(3)In clause 119(4) of Schedule 2 to the Principal Regulations, after "Rear marking plates" insert "and conspicuity markings".
(4)At the foot of clause 119(4) of Schedule 2 to the Principal Regulations insert—
'Note
See also VSB 12 for requirements about "Do not overtake turning vehicle" signs that may apply to conspicuity markings fitted to a motor vehicle. VSB 12 is available from 172 of Schedule 2 substituted
For clause 172 of Schedule 2 to the Principal Regulations substitute—
"172 Compliance with requirement to have particular equipment
A vehicle is only taken to have equipment required by the Vehicle Standards if the equipment is—
(a)in working order; and
(b)connected to the vehicle, if the equipment is required to be connected to the vehicle in order to perform its intended function.".
Division 2—Schedule 3
24Schedule 3—Concessional fees for registration and renewal of registration
In the Table in Schedule 3 to the Principal Regulations—
(a)in Column 1 after item 11(a) insert—
"(ab)the relative or carer of an incapacitated person who is a minor; or";
(b)in Column 1 for item 11(f) substitute—
"(f)is not a commercial passenger vehicle.";
(c)in Column 1 for item 12(h) substitute—
"(h)is not a commercial passenger vehicle.".
Division 3—Schedule 5
25Schedule 5—Miscellaneous fees
(1)In Schedule 5 to the Principal Regulations, for item 9A substitute—
"9A Issue of national heavy vehicle number plate to a heavy vehicle (per set) or a heavy trailer (per plate)—from 2 June 2020 to 30 June 2020 45(1) $25 9B Issue of national heavy vehicle number plate to a heavy vehicle (per set) or a heavy trailer (per plate)—on and after 1 July 2020 45(1) $25.90". (2) In Schedule 5 to the Principal Regulations, for item 10A substitute—
"10A Replacement of national heavy vehicle number plate to a heavy vehicle or a heavy trailer (per plate)—from 2 June 2020 to 30 June 2020 46(2)(b) $25 10AB Replacement of national heavy vehicle number plate to a heavy vehicle or a heavy trailer (per plate)—on and after 1 July 2020 46(2)(b) $25.90". (3) In Schedule 5 to the Principal Regulations, in Column 2 of item 13(a), for "category 10, 11, 12 or 13" substitute "category 10, 11 or 13".
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Endnotes
[1]
Reg. 4: S.R. No. 118/2009. Reprint No. 2 as at 30 January 2015. Reprinted to S.R. No. 201/2014. Subsequently amended by
S.R. Nos 79/2015, 118/2015, 159/2015, 50/2016, 93/2016, 42/2017, 100/2017, 117/2017, 89/2018, 54/2019 and 172/2019.
[2] Reg. 6: S.R. No. 84/2018 as amended by S.R. Nos 84/2018, 53/2019 and 166/2019.
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Penalty Units
These Regulations 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 2019 is $165.22.
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.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 18 which inserts the definition of conspicuity markings in clause 3 of Schedule 2 Vehicle Standard (Australian Design Rule 13/00—Installation of Lighting and Light Signalling Devices on other than L-Group Vehicles) 2005 The whole Regulation 18 which inserts the definitions of rear marking plates and VSB 12 in clause 3 of Schedule 2 "Vehicle Standard Bulletin 12—National Code of Practice for Rear Marking Plates for all motor vehicles over 12 tonnes GVM and for all trailers over 10 tonnes GVM", as published from time to time by the Department of Infrastructure, Transport, Regional Development and Communications The whole Regulation 22 which amends clause 119 of Schedule 2 "Vehicle Standard Bulletin 12—National Code of Practice for Rear Marking Plates for all motor vehicles over 12 tonnes GVM and for all trailers over 10 tonnes GVM", as published from time to time by the Department of Infrastructure, Transport, Regional Development and Communications The whole
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