Untitled document
Road Safety (Drivers), (General), (Traffic Management) and (Vehicles) Amendment (Road Rules) Regulations 2017
S.R. No. 42/2017
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
Part 2—Road Safety (Drivers) Regulations 2009
4Definitions
5Schedule 3—Demerit points
6Schedule 4—Offences which disqualify drivers from free 3 year full driver licence
Part 3—Road Safety (General) Regulations 2009
7Offences detected by road safety cameras or prescribed processes
8Appropriation of fines
9Schedule 6—Parking infringements
10Schedule 7—Traffic infringements
Part 4—Road Safety (Traffic Management) Regulations 2009
11Definitions
Part 5—Road Safety (Vehicles) Regulations 2009
12Definitions
13Schedule 2—Vehicle Standards
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Endnotes
STATUTORY RULES 2017
S.R. No. 42/2017
Road Safety Act 1986
Road Safety (Drivers), (General), (Traffic Management) and (Vehicles) Amendment (Road Rules) Regulations 2017
The Governor in Council makes the following Regulations:
Dated: 6 June 2017
Responsible Minister:
LUKE DONNELLAN
Minister for Roads and Road SafetyANDREW ROBINSON
Clerk of the Executive Council
Part 1—Preliminary
1Objective
The objective of these Regulations is to make consequential amendments to the Road Safety (Drivers) Regulations 2009, the Road Safety (General) Regulations 2009, the Road Safety (Traffic Management) Regulations 2009 and the Road Safety (Vehicles) Regulations 2009 arising from the making of the Road Safety Road Rules 2017.
2Authorising provision
These Regulations are made under section 95 of the Road Safety Act 1986.
3Commencement
These Regulations come into operation on 1 July 2017.
Part 2—Road Safety (Drivers) Regulations 2009
4Definitions
In regulation 5(1) of the Road Safety (Drivers) Regulations 2009[1] in the definition of Road Rules, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017".
5Schedule 3—Demerit points
(1)In item 14 of the Table in Schedule 3 to the Road Safety (Drivers) Regulations 2009, for "265(3)" substitute "265(4)".
(2)At the foot of the Table in Schedule 3 to the Road Safety (Drivers) Regulations 2009, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017".
6Schedule 4—Offences which disqualify drivers from free 3 year full driver licence
In Schedule 4 to the Road Safety (Drivers) Regulations 2009, after "Road Safety Road Rules 2009" insert "or Road Safety Road Rules 2017".
Part 3—Road Safety (General) Regulations 2009
7Offences detected by road safety cameras or prescribed processes
In regulation 29 of the Road Safety (General) Regulations 2009[2], for "Road Safety Road Rules 2009" (wherever occurring) substitute "Road Safety Road Rules 2017".
8Appropriation of fines
In regulation 84(c)(i)(A) of the Road Safety (General) Regulations 2009, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017".
9Schedule 6—Parking infringements
At the head of the Table in Schedule 6 to the Road Safety (General) Regulations 2009, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017".
10Schedule 7—Traffic infringements
(1)At the head of the Table in Schedule 7 to the Road Safety (General) Regulations 2009, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017".
(2)In the Table in Schedule 7 to the Road Safety (General) Regulations 2009—
(a)in item 24, for "and 79(1)" substitute ", 79(1), 79A(1), 79A(2), 79A(3) and 79A(4)";
(b)item 30 is revoked;
(c)in item 68, for "Use handheld mobile phone while driving" substitute "Use of handheld mobile phone by full licence holder while driving";
(d)in item 78, for "Fail to wear properly fastened and adjusted seat-belt (driver)" substitute "Fail to wear properly adjusted and fastened approved seatbelt (driver)";
(e)in item 79, for "Fail to wear properly fastened and adjusted seat-belt (passenger)" substitute "Fail to wear properly adjusted and fastened approved seatbelt or occupying same seating position as another passenger (passenger 16 years or older)";
(f)in item 80, for "265(3)" substitute "265(4)";
(g)in item 150, for "213(2), (3), (4) and (5)" substitute "213(1)";
(h)item 159 is revoked;
(i)in item 164 omit "motor";
(j)before item 255 insert—
| "254A | 7393 | Use of handheld mobile phone by rider of bicycle or person on wheeled recreational device or driver of vehicle that is not motor vehicle | RR 300(1C) | 3 penalty units". |
Part 4—Road Safety (Traffic Management) Regulations 2009
11Definitions
In regulation 4 of the Road Safety (Traffic Management) Regulations 2009[3] in the definition of Road Rules, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017".
Part 5—Road Safety (Vehicles) Regulations 2009
12Definitions
In regulation 5 of the Road Safety (Vehicles) Regulations 2009[4] in the definition of Road Rules, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017".
13Schedule 2—Vehicle Standards
In clause 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for the definition of emergency vehicle substitute—
"emergency vehicle means any of the following—
(a)a vehicle operated by or on behalf of and under the control of—
(i)an ambulance service created under section 23 of the Ambulance Services Act1986 or listed in Schedule 1 to that Act; or
(ii)an ambulance service created under a law in force in another State or in a Territory of the Commonwealth;
(b)a vehicle operated as an ambulance by the Australian Defence Force;
(c)a vehicle operated by or on behalf of and under the control of—
(i)the Metropolitan Fire and Emergency Services Board established by section 6 of the Metropolitan Fire Brigades Act 1958; or
(ii)the Country Fire Authority appointed under section 6 of the Country Fire Authority Act 1958; or
(iii)a fire service established under a law in force in another State or in a Territory of the Commonwealth;
(d)a fire service unit under the control of—
(i)the Department of Environment, Land, Water and Planning; or
(ii)the Australian Defence Force;
(e)a vehicle under the control of the Emergency Management Commissioner;
(f)a vehicle under the control of the Victoria State Emergency Service established by section 28 of the VictoriaState Emergency Service Act 2005;
(g)a vehicle being used to convey a member of the Australian Army engaged in connection with emergency ordnance disposal procedures;
(h)a vehicle under the control of the Shepparton Search and Rescue Squad Inc. or the Echuca and Moama Search and Rescue Squad Inc.;
(i)a vehicle under the control of Airservices Australia;".
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Endnotes
[1]
Reg. 4: S.R. No. 95/2009. Reprint No. 2 as at 30 January 2015.
Reprinted to S.R. No. 200/2014. Subsequently amended by
S.R. Nos 79/2015, 84/2015, 135/2015, 159/2015, 24/2016,
50/2016 and 92/2016.
[2]
Reg. 7: S.R. No. 115/2009. Reprint No. 2 as at 30 January 2015. Reprinted to S.R. No. 199/2014. Subsequently amended by
S.R. Nos 9/2015, 62/2015, 85/2015, 121/2015, 12/2016, 24/2016, 99/2016 and 100/2016.
[3] Reg. 11: S.R. No. 129/2009 as amended by S.R. Nos 66/2011, 162/2012 and 85/2015.
[4]
Reg. 12: 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 and 93/2016.
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