Untitled document

Road Safety (Drivers) Amendment (Probationary Driver Free Full Driver Licence Scheme) Regulations 2015

S.R. No. 135/2015

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Definitions for Part 6

6New regulation 109 substituted

7New regulation 116 inserted

8New Schedule 4 substituted

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Endnotes

STATUTORY RULES 2015

S.R. No. 135/2015

Road Safety Act 1986

Road Safety (Drivers) Amendment (Probationary Driver Free Full Driver Licence Scheme) Regulations 2015

The Governor in Council makes the following Regulations:

Dated: 18 November 2015

Responsible Minister:

LUKE DONNELLAN
Minister for Roads and Road Safety

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Road Safety (Drivers) Regulations 2009 to provide for a free 3 year driver licence for drivers who complete a 4 year probationary period with no road safety offences.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 February 2016.

4Revocation

The Road Safety (Drivers) Amendment (Renewal Fees) Interim Regulations 2015[1] are revoked.

5Definitions for Part 6

(1)In regulation 107 of the Road Safety (Drivers) Regulations 2009[2], for the definition of assessment date substitute—

"assessment date, in relation to a probationary driver licence, means the date the Corporation gives the licence holder notice granting the holder a full driver licence under regulation 48(5);".

(2)In regulation 107 of the Road Safety (Drivers) Regulations 2009, in the definition of eligible person—

(a)in paragraph (a) for "holds or has held a driver licence" substitute "holds a probationary driver licence that has been subject to a P1 probationary period and a P2 probationary period";

(b)in paragraph (b) for "during the 3 year period ending 3 months before the expiry date of the driver licence" substitute "after the first grant of a P1 probationary driver licence but before the assessment date, including any period during which the person did not hold a driver licence";

(c)for paragraph (c) substitute—

"(c)according to the Corporation's records, will be less than 25 years of age at the expiry of the person's probationary period;

Note

For the probationary period see regulation 48(4).".

6New regulation 109 substituted

For regulation 109 of the Road Safety (Drivers) Regulations 2009 substitute—

"109   Free full driver licence for good probationary drivers

(1)The fee payable by an eligible person for the granting of a 3 year full driver licence is nil.

(2)The fee payable under subregulation (1) only applies the first time the eligible person is granted a full driver licence and does not apply to any future renewals of that person's driver licence.".

7New regulation 116 inserted

After regulation 115 of the Road Safety (Drivers) Regulations 2009 insert—

"116   Free full driver licence for good probationary drivers

Regulations 107, 109 and Schedule 4 as amended by regulations 5, 6 and 8 of the Road Safety (Drivers) Amendment (Probationary Driver Free Full Driver Licence Scheme) Regulations 2015 apply to a person who holds a probationary driver licence on or after 1 February 2016 irrespective of whether the assessment date occurred before, on or after 1 February 2016.".

8New Schedule 4 substituted

For Schedule 4 to the Road Safety (Drivers) Regulations 2009 substitute—

"Schedule 4—Offences which disqualify drivers from free 3 year full driver licence

Regulation 107

Heavy Vehicle National Law (Victoria)

Sections 89, 250(1), 251(1), 254(1), 256(1), 258(1), 260(1), 293(1), 296(1), 297(2), 298(1), 301, 302, 326(1), 327, 329, 335(1), 336(1) and 468(1).

Road Safety Act 1986

Sections 7(1) and (2), 13(5), 18(1)(a) and (b), 19(5), (7) and (8), 21(1A), 30(1), 30AA, 32(1), 49(1), 49B(1), 50AAD(1), 50AAK(1), 56(2) and (7), 59(1) and (8), 60(1), 61(3), (4) and (5), 61A(3), (4) and (5), 62(3), 64(1) and (2), 65A(1), 68(1) and (2), 70(1A) and 74(1) and (2).

Road Safety Road Rules 2009

Rules 62, 63(2), 80(1), 111(1), 116, 140, 149, 265(1), 268(1), (2), (3) and (4), 271(1), 294(1), 294(2), 297(1), (1A), (2) and (3) and 298(1).

Road Safety (Drivers) Regulations 2009

Regulations 15(3), 57(1) and 59.

Road Safety (Vehicles) Regulations 2009

Regulations 259(2) and 266.

Transport (Compliance and Miscellaneous) Act 1983

Section 216(2) in circumstances referred to in section 216(1)(a), (b), (e) or (f).

Environment Protection Act 1970

Section 48B(1).

Interstate Road Transport Act 1985 of the Commonwealth

Sections 8(1), 10(1)(a) and (b) and (3)(a) and (b) and 12D(1)(a).".

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Endnotes

[1] Reg. 4: S.R. No. 78/2015.

[2]

Reg. 5(1): 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 and 84/2015.