Road Safety (Vehicles) (Speeding Vehicles) Regulations 1998 (Vic)

Road Safety (Vehicles) (Speeding Vehicles)

Regulations 1998

S.R. No. 65/1998

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Regulations	1
5.	New regulation 404C inserted	2
404C. Suspension of registration of speeding heavy vehicles	2
6.	Minor amendments	5

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NOTES 6

i

STATUTORY RULES 1998

S.R. No. 65/1998

Road Safety Act 1986

Road Safety (Vehicles) (Speeding Vehicles)

Regulations 1998

The Governor in Council makes the following Regulations:
Dated: 23 June 1998

Responsible Minister:

GEOFF CRAIGE

Minister for Roads and Ports

SHARNE BRYAN

Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are to provide for the mandatory suspension of the registration of speeding heavy vehicles as part of an agreed

national uniform scheme.

2. Authorising provisions

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

3. Commencement

These Regulations come into operation on 29 June

1998.

4. Principal Regulations

In these Regulations, the Road Safety (Vehicles)
Regulations 19881 are called the Principal
Regulations.

Road Safety (Vehicles) (Speeding Vehicles) Regulations 1998

r. 5 S.R. No. 65/1998

5. New regulation 404C inserted

After Regulation 404B of the Principal

Regulations insert—

'404C. Suspension of registration of speeding

heavy vehicles

(1) This regulation applies to—

(a)	a rigid truck with a gross vehicle mass that exceeds 12 tonnes;
(b)	a prime mover with a gross vehicle mass that exceeds 12 tonnes;
(c)	a bus with a gross vehicle mass that exceeds 5 tonnes.

(2) The Corporation must suspend the

registration of a vehicle to which this
regulation applies if it is satisfied that,
during any period not exceeding 3 years that
commenced on or after 29 June 1998, the
same person was the registered owner of the

vehicle for the whole of the period and—

(a)	at the commencement of the period the vehicle was speed limited or required to be speed limited and within the period
was detected exceeding 115 kilometres an hour on 3 or more occasions; or
(b)	at the commencement of the period the vehicle was not required to be speed limited and within the period was detected exceeding 115 kilometres an hour on 4 or more occasions.

(3) On receiving notification from a member of the police force or an authorised officer that a vehicle to which this regulation applies has exceeded 115 kilometres an hour and on

Road Safety (Vehicles) (Speeding Vehicles) Regulations 1998

S.R. No. 65/1998 r. 5

being satisfied as to the accuracy of the

information, the Corporation must—

(a)	enter in the register in relation to the vehicle the date on which and the place at which the vehicle was alleged to have exceeded 115 kilometres an hour; and
(b)	serve on the registered owner of the vehicle a notice that—

(i)  informs the registered owner of the entry made in the register; and

(ii) opportunity to make
representations to the Corporation

gives the registered owner the within 14 days after the service of the notice; and

(iii) required by sub-regulation (2) to
suspend the registration of the
vehicle as a result of the entry if
satisfied as to its accuracy,
informs the registered owner that
the registration will be suspended
unless the registered owner

if the Corporation would be entry is inaccurate.

(4) If after considering any representations made

by the registered owner in response to a
notice under sub-regulation (3) the

Corporation is satisfied—

(a) that the entry made under sub- regulation (3)(a) is accurate; and

Road Safety (Vehicles) (Speeding Vehicles) Regulations 1998

r. 5 S.R. No. 65/1998

(b) that it is required by sub-regulation (2) to suspend the registration of the vehicle—

the Corporation must, by written notice to the registered owner, suspend the vehicle's registration.

(5) A suspension under this regulation lasts

for—

(a) 28 days; or

(b) if within the preceding 3 years the vehicle's registration has already been suspended for 28 days under this regulation—3 months.

(6) If after considering any representations made

by the registered owner in response to a under sub-regulation (3)(a) is inaccurate, the Corporation must expunge the entry from the register.

notice under sub-regulation (3) the

(7) A notice under sub-regulation (4) must—

(a)	include details sufficient to identify the vehicle; and
(b)	specify the reason for the suspension and the date on which the suspension takes effect; and
(c)	inform the registered owner of the vehicle of the owner's right under section 12(1) of the Act to appeal against the suspension to the

Magistrates' Court.

(8) While the registration of a motor vehicle is

suspended under this regulation—

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(a)	the vehicle is unregistered for the purposes of Part 2 of the Act; and
(b)	the vehicle cannot be re-registered or registered in the name of a new owner; and
(c)	the Corporation must not transfer the registration to another person.

(9) Suspension under this regulation does not

alter the expiry date of the registration of the

motor vehicle.

(10) In this regulation—

"speed limited", in relation to a vehicle,

means having its powered speed
capability limited by means of a device
approved by the Corporation to a speed
of not more than 105 kilometres an

hour.'.

6. Minor amendments

(1) Regulations 406(1)(c) and 406(2) of the Principal

Regulations are revoked.

(2) For the penalty at the foot of regulation 822(1) of

the Principal Regulations substitute—

"Penalty:

(a)	if the vehicle has a gross vehicle mass that exceeds 14·5 tonnes, 10 penalty units; and
(b)

if the vehicle has a gross vehicle mass 5 penalty units.".

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Road Safety (Vehicles) (Speeding Vehicles) Regulations 1998

Notes S.R. No. 65/1998

NOTES

1 Reg. 4: S.R. No. 29/1988. Reprinted to S.R. No. 16/1997 and subsequently

amended by S.R. Nos 171/1997 and 34/1998.