Untitled document

Road Safety (Drivers) Amendment Regulations 2017

S.R. No. 139/2017

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Exemption for holder of licence or permit issued outside Victoria

5Mandatory refusal for specified applicants

6Regulation 29A revoked

7Consideration of application and decision

8Prescribed alcohol interlock usage data requirements

9Corporation to record demerit points

10Corporation to record demerit points for relevant interstate offences

11Record of day on which offence was committed

12Notice to be given to other jurisdictions

13Other grounds for variation, suspension or cancellation of driver licence or learner permit

14Application for a reduced disqualification or suspension

15Definition for Division 2

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Endnotes

STATUTORY RULES 2017

S.R. No. 139/2017

Road Safety Act 1986

Road Safety (Drivers) Amendment Regulations 2017

The Governor in Council makes the following Regulations:

Dated: 19 December 2017

Responsible Minister:

LUKE DONNELLAN
Minister for Roads and Road Safety

ANDREW ROBINSON

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Road Safety (Drivers) Regulations 2009—

(a)as a consequence of the enactment of the Road Legislation Further Amendment Act 2016; and

(b)as a consequence of the enactment of the Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017; and

(c)to make other minor amendments.

2Authorising provision

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

3Commencement

(1)These Regulations (except regulations 4, 5,

6, 7, 8, 13, 14 and 15) come into operation on 20 December 2017.

(2)Regulations 4, 5, 6, 7, 8, 13, 14 and 15 come into operation on 31 January 2018.

4Exemption for holder of licence or permit issued outside Victoria

(1)In regulation 17(2)(c) of the Road Safety (Drivers) Regulations 2009[1], for "subregulation (3);" substitute "subregulation (3).".

(2)After regulation 17(2) of the Road Safety (Drivers) Regulations 2009 insert—

"(2A) A person who drives a motor vehicle that is a motor home on a highway is exempted from the requirement under section 18(1)(a) of the Act to hold a driver licence or learner permit authorising the person to drive such a motor vehicle if—

(a)the person holds a driver licence for any category of motor vehicle (other than a driver licence that only authorises the person to ride a motor cycle or motor trike) issued in another country; and

(b)at the time the licence was issued the person was ordinarily resident in that country; and

(c)the licence is written in English or accompanied by an accurate English translation and, in either case, complies with subregulation (3).".

(3)In regulation 17(3) of the Road Safety (Drivers) Regulations 2009, after "(2)(c)" insert "or (2A)(c)".

(4)After regulation 17(3) of the Road Safety (Drivers) Regulations 2009 insert—

"(4)In this regulation—

motor home means a motor vehicle that—

(a)is not a bus; and

(b)has a GVM of not more than 4·5 tonnes; and

(c)is designed and constructed for the primary purpose of providing a temporary dwelling for persons using the vehicle for recreational travel.".

5Mandatory refusal for specified applicants

After regulation 29(2) of the Road Safety (Drivers) Regulations 2009 insert—

"(3)Despite subregulation (2), the Corporation is not required to refuse an application for a driver licence or learner permit if—

(a)the person has been disqualified from driving or obtaining a driver licence or learner permit in another jurisdiction as a result of having been convicted or found guilty of a corresponding interstate drink-driving offence in that jurisdiction; and

(b)the Corporation, under section 25 of the Act—

(i)cancelled any driver licence or learner permit held by the person; and

(ii)disqualified the person from obtaining a driver licence or learner permit for a period determined in accordance with that section; and

(c)the period of disqualification has expired; and

(d)the person is not subject to any other disqualification or suspension arising from another offence.

(4)In this Regulation—

corresponding interstate drink-driving offence means an offence against a law of another State or a Territory that the Minister has declared under section 25(1) of the Act to correspond to a specified Victorian drink-driving offence.".

6Regulation 29A revoked

Regulation 29A of the Road Safety (Drivers) Regulations 2009 is revoked.

7Consideration of application and decision

The note at the foot of regulation 32 of the Road Safety (Drivers) Regulations 2009 is revoked.

8Prescribed alcohol interlock usage data requirements

(1)In regulation 37B(1) of the Road Safety (Drivers) Regulations 2009, for "sections 50AAAB(3) and 50AAB(5)" substitute "sections 50AAAB, 50AAAC, 50AAB and 50AAF".

(2)In regulation 37B(2)(c) of the Road Safety (Drivers) Regulations 2009—

(a)for "granted under section 31KA" substitute "that is subject to an alcohol interlock condition imposed by the Corporation under section 31KA or 31KB";

(b)subparagraph (i) is revoked.

9Corporation to record demerit points

In regulation 73(1)(f) of the Road Safety (Drivers) Regulations 2009, after "2009" insert "or section 356D(1) of the Children, Youth and Families Act 2005".

10Corporation to record demerit points for relevant interstate offences

In regulation 73A(1)(e) of the Road Safety (Drivers) Regulations 2009, after "2009" insert "or section 356D(1) of the Children, Youth and Families Act 2005".

11Record of day on which offence was committed

In regulation 74(2) of the Road Safety (Drivers) Regulations 2009, after "2009" insert "or section 356D(1) of the Children, Youth and Families Act 2005".

12Notice to be given to other jurisdictions

In regulation 75(1)(d) of the Road Safety (Drivers) Regulations 2009, after "2009" insert "or section 356D(1) of the Children, Youth and Families Act 2005".

13Other grounds for variation, suspension or cancellation of driver licence or learner permit

(1)In regulation 79(2) of the Road Safety (Drivers) Regulations 2009, after "Subject to" insert "subregulation (2A) and".

(2)After regulation 79(2) of the Road Safety (Drivers) Regulations 2009 insert—

"(2A)The Corporation must not suspend a person's driver licence or learner permit if—

(a)the person has been disqualified from driving or obtaining a driver licence or learner permit in another jurisdiction as a result of having been convicted or found guilty of a corresponding interstate drink-driving offence in that jurisdiction; and

(b)the Corporation, under section 25 of the Act—

(i)has cancelled any driver licence or learner permit held by the person; and

(ii)has disqualified the person from obtaining a driver licence or learner permit for a period determined in accordance with that section.".

(3)After regulation 79(3) of the Road Safety (Drivers) Regulations 2009 insert—

"(4)In this Regulation—

corresponding interstate drink-driving offence means an offence against a law of another State or a Territory that the Minister has declared under section 25(1) of the Act to correspond to a specified Victorian drink-driving offence.".

14Application for a reduced disqualification or suspension

After regulation 81B(2) of the Road Safety (Drivers) Regulations 2009 insert—

"(2A)Despite subregulation (2), a person is not entitled to apply for a reduced disqualification or suspension in accordance with this regulation if the Corporation, under section 25 of the Act—

(a)cancelled any driver licence or learner permit held by the person; and

(b)disqualified the person from obtaining a driver licence or learner permit for a period determined in accordance with that section.".

15Definition for Division 2

(1)In regulation 82A of the Road Safety (Drivers) Regulations 2009, after paragraph (c) of the definition of relevant decision insert—

"(ca)a decision by the Corporation to cancel a person's driver licence or learner permit and disqualify a person from obtaining a driver licence or learner permit under section 25 of the Act; or".

(2)In regulation 82A of the Road Safety (Drivers) Regulations 2009, in paragraph (d) of the definition of relevant decision, for "section 31KA" substitute "section 31KA or 31KB".

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Endnotes

[1] Reg. 4(1): S.R. No. 95/2009. Reprint No. 3 as at 1 July 2017. Reprinted to S.R. No. 42/2017. Subsequently amended by S.R. No. 100/2017.