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Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2011

S.R. No. 51/2011

TABLE OF PROVISIONS

Regulation  Page

PART 1—PRELIMINARY

1Objectives

2Authorising provision

3Commencement

PART 2—ROAD SAFETY (DRIVERS) REGULATIONS 2009

4Definitions

5Prescribed procedures for application for the grant or variation
of driver licence or grant of learner permit

6Licence or permit issued in another jurisdiction

7Application for renewal of a driver licence

8Application for renewal of a car learner permit

9Issue of document upon grant, variation or renewal of driver licence or grant or renewal of learner permit

10Replacement of driver licence or learner permit document

11Correction of driver licence or learner permit

12Records to be kept by Corporation

13Exemption for consular or diplomatic staff

14Accreditation fees

15Issue of written work diaries

16Fees

17Reduced licence renewal fee for good drivers

18Replacement learner log book fee

19Refund of fees if driver licence cancelled

20Schedule 5 substituted

SCHEDULE 5—General Fees

21Schedule 6 substituted

SCHEDULE 6—Search and Extract Fees

PART 3—ROAD SAFETY (VEHICLES) REGULATIONS 2009

22Definitions

23Substitution of regulation 26

26Inspection of vehicles for the purpose of registration

24Lodgement of application, supporting evidence and payment

25Inspection of vehicles

26Application for certification

27Registered operator may search the register

28Replacement of certificate of registration

29Registration numbers

30Corporation may issue replacement label

31Slimline number plates

32Dealer disposing of registered vehicle to person other than
dealer must give Corporation documents etc.

33Fees for registration and renewal of registration of other
vehicles

34Substitution of regulation 103

103Fees for the transfer of registration

35Vehicle inspection fees

36Refunds

37Application of certain fees

38Application for short term unregistered vehicle permit

39Application for club permit

40Renewal of club permit

41Exemption from Schedule 7 by class 1 permit

42Exemption from Schedule 8 by class 2 permit

43Exemption from Schedule 9 by class 3 permit

44Application for licence to test vehicles or approval of additional or replacement premises to test vehicles

45Renewal of licence to test vehicles

46Duplicate tester's licence

47Supply of certificates of roadworthiness and test reports

48Schedule 3 amended

49Schedule 5 substituted

SCHEDULE 5—Miscellaneous Fees

50Schedule 6 substituted

SCHEDULE 6—Search and Extract Fees

═══════════════

ENDNOTES

STATUTORY RULES 2011

S.R. No. 51/2011

Road Safety Act 1986

Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2011

The Governor in Council makes the following Regulations:

Dated: 28 June 2011

Responsible Minister:

TERRY MULDER
Minister for Roads

MATTHEW McBEATH

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objectives

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

(a)convert certain fees specified in monetary amounts to fee units; and

(b)revoke the definitions of appointment fee and appropriate fee; and

(c)make the language used in relation to fees consistent; and

(d)move certain fees into Schedules; and

(e)make further provision for appointments for inspection, testing and assessment; and

(f)make other consequential amendments.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 July 2011.

__________________

PART 2—ROAD SAFETY (DRIVERS) REGULATIONS 2009

4Definitions

In regulation 5 of the Road Safety (Drivers) Regulations 2009[1]—

(a)the definition of appointment fee is revoked;

(b)the definition of appropriate fee is revoked.

5Prescribed procedures for application for the grant or variation of driver licence or grant of learner permit

In regulation 30(2)(a)(v) of the Road Safety (Drivers) Regulations 2009, for "appropriate fees" substitute "relevant fees specified in Schedule 5 for tests conducted by the Corporation, including fees relating to appointments for those tests".

6Licence or permit issued in another jurisdiction

For regulation 35(b) of the Road Safety (Drivers) Regulations 2009 substitute

"(b)must waive the fees payable under regulations 30(2)(a)(v) and 62(2) relating to the grant or variation of the driver licence or learner permit.".

7Application for renewal of a driver licence

In regulation 39(2)(a)(v) of the Road Safety (Drivers) Regulations 2009, for "appropriate fee" substitute "fee payable under regulation 62(2) for the renewal of a driver licence".

8Application for renewal of a car learner permit

In regulation 45(2)(a)(v) of the Road Safety (Drivers) Regulations 2009, for "appropriate fee" substitute "fee payable under regulation 62(2) for the renewal of a learner permit".

9Issue of document upon grant, variation or renewal of driver licence or grant or renewal of learner permit

In regulation 62(2) of the Road Safety (Drivers) Regulations 2009, for "appropriate fee" substitute "relevant fee specified in Schedule 5 for the grant, variation or renewal of a driver licence or learner permit,".

10Replacement of driver licence or learner permit document

In regulation 64(4) of the Road Safety (Drivers) Regulations 2009, for "appropriate fee" substitute "relevant fee specified in Schedule 5 for the issue of a replacement driver licence or learner permit document".

11Correction of driver licence or learner permit

In regulation 65(1)(b) of the Road Safety (Drivers) Regulations 2009, for "appropriate fee" substitute "relevant fee specified in Schedule 5 for the issue of a replacement driver licence or learner permit document".

12Records to be kept by Corporation

In regulation 66(3) of the Road Safety (Drivers) Regulations 2009, for "appropriate fee" substitute "relevant fee payable under regulation 111(1)".

13Exemption for consular or diplomatic staff

For regulation 71(2) of the Road Safety (Drivers) Regulations 2009 substitute

"(2)The Corporation may waive the payment by a member of consular or diplomatic staff of any of the following fees—

(a)the fee payable under regulation 62(2) for the grant, renewal or variation of a driver licence;

(b)the fee payable under regulation 62(2) for the grant or renewal of a learner permit;

(c)the fee payable under regulation 64(4) for the issue of a replacement driver licence or learner permit document;

(d)the fee payable under regulation 65(1) for the issue of a replacement driver licence or learner permit document.".

14Accreditation fees

In regulation 93(1) of the Road Safety (Drivers) Regulations 2009, for "appropriate fee" substitute "relevant fee specified in Schedule 5".

15Issue of written work diaries

In regulation 99(6)(c) of the Road Safety (Drivers) Regulations 2009, for "appropriate fee" substitute "relevant fee specified in Schedule 5 for the issue of the diary".

16Fees

For regulation 108(2) of the Road Safety (Drivers) Regulations 2009 substitute

"(2)The Corporation may require a person to pay the following fees—

(a)a fee to make an appointment in relation to testing or assessment for a learner permit or driver licence;

(b)a fee to transfer an appointment in relation to testing or assessment for a learner permit or driver licence to a new time or place.".

17Reduced licence renewal fee for good drivers

For regulation 109(1) of the Road Safety (Drivers) Regulations 2009 substitute

"(1)The fee payable by an eligible person for the renewal of the person's licence is the relevant fee payable under regulation 62(2) for that renewal reduced by 25%.".

18Replacement learner log book fee

In regulation 110 of the Road Safety (Drivers) Regulations 2009, for "appropriate fee" substitute "relevant fee specified in Schedule 5".

19Refund of fees if driver licence cancelled

(1)In regulation 113(1) of the Road Safety (Drivers) Regulations 2009 omit "application".

(2)In regulation 113(3) of the Road Safety (Drivers) Regulations 2009, for "appropriate fee" substitute "relevant fee specified in Schedule 5".

(3)In regulation 113(4) of the Road Safety (Drivers) Regulations 2009, for "appropriate fee" substitute "fee payable under subregulation (3)".

20Schedule 5 substituted

For Schedule 5 to the Road Safety (Drivers) Regulations 2009 substitute

"SCHEDULE 5

Regulations 30(2), 62(2), 64(4),


65(1), 93(1), 99(6), 110, 113(3)

GENERAL FEES

Item

Description of fee

Column 1

Regulation

Column 2

Fee units

1 Fee to make an appointment in relation to testing or assessment for a learner permit or driver licence 30(2) 1·28
2 Written or computer-based test conducted by the Corporation for a learner permit 30(2) 1·66
3

Written or computer-based test conducted by the Corporation for a driver licence or driver licence variation for—

(a)     a heavy vehicle;

(b)     other motor vehicles

30(2)

1·37

1·27

4 Practical test conducted by the Corporation for a driver licence or driver licence variation for any motor vehicle other than a heavy vehicle 30(2) 3·08
5 Practical test conducted by the Corporation for a driver licence or driver licence variation for any heavy vehicle 30(2) 3·36
6 Fee to transfer an appointment in relation to testing or assessment for a learner permit or driver licence 30(2) 1·28
Item

Description of fee

Column 1

Regulation

Column 2

Fee units

7 Grant or renewal of a driver licence—for 10 years 62(2) 13·57
8 Grant or renewal of a driver licence—for 4 years 62(2) 5·32
9 Grant or renewal of a driver licence—for 3 years 62(2) 3·99
10 Grant of a motor cycle learner permit 62(2) 1·7
11 Grant or renewal of a car learner permit 62(2) 1·7
12 Variation of a driver licence, if the variation includes the insertion of an additional category of motor vehicle in the licence or less restrictive licence conditions 62(2) 2·13
13 Issue of a replacement licence document 64(4), 65(1) 1·66
14 Issue of a replacement learner permit document 64(4), 65(1) 1·66
15 Application for BFM accreditation or AFM accreditation 93(1) 5·99
16 Issue of a written work diary 99(6) 1·37
17 Issue of a replacement learner log book 110 1·4
18 Processing a refund relating to cancellation of a driver licence 113(3) 1·28

__________________".

21Schedule 6 substituted

For Schedule 6 to the Road Safety (Drivers) Regulations 2009 substitute

"SCHEDULE 6

Regulation 111

SEARCH AND EXTRACT FEES

Item Description Fee
1 Certificate under section 84(1) of the Act $8.30
2 Extract of current information $8.30
3 Extract of historical information 1·3 fee units
4 Information by telephone on telephone enquiry from a municipality $8.30
5

Search for any other purposes—

(a)     of current records

(b)     of historical records

$8.30

1·3 fee units

__________________".

PART 3—ROAD SAFETY (VEHICLES) REGULATIONS 2009

22Definitions

In regulation 5 of the Road Safety (Vehicles) Regulations 2009[2]—

(a)the definition of appointment fee is revoked;

(b)in the definition of transfer fee, for "as determined" substitute "payable".

23Substitution of regulation 26

For regulation 26 of the Road Safety (Vehicles) Regulations 2009 substitute

26Inspection of vehicles for the purpose of registration"

(1)For the purpose of verifying any of the matters specified in regulation 25, the Corporation may require the applicant for registration to submit the vehicle for inspection.

(2)The Corporation may require the applicant for registration to pay the following fees specified in Schedule 5—

(a)a fee to make an appointment for a vehicle inspection;

(b)a fee to change the time or place of the vehicle inspection;

(c)the relevant fee for the inspection of the vehicle.".

24Lodgement of application, supporting evidence and payment

In regulation 27 of the Road Safety (Vehicles) Regulations 2009—

(a)in paragraph (f), for "(if any)." substitute "(if any); and"; and

(b)after paragraph (f), insert

"(g)any fees required to be paid under regulation 26.".

25Inspection of vehicles

For regulation 28(5) of the Road Safety (Vehicles) Regulations 2009 substitute

"(5)The Corporation may require a person to pay the following relevant fees specified in Schedule 5—

(a)a fee to change the time or place of a vehicle inspection required under this regulation;

(b)the fee for a vehicle inspection to be conducted under this regulation.".

26Application for certification

In regulation 34(3)(b)(iii) of the Road Safety (Vehicles) Regulations 2009, for "the fee specified in item 24 of" substitute "the relevant fee for certification specified in".

27Registered operator may search the register

In regulation 40 of the Road Safety (Vehicles) Regulations 2009, for "provided for in" substitute "payable under".

28Replacement of certificate of registration

In regulation 42 of the Road Safety (Vehicles) Regulations 2009, for "applicable" substitute "relevant".

29Registration numbers

In regulation 44(4)(a) of the Road Safety (Vehicles) Regulations 2009 omit "item 7 of".

30Corporation may issue replacement label

In regulation 54 of the Road Safety (Vehicles) Regulations 2009, for "applicable" substitute "relevant".

31Slimline number plates

In regulation 64(3)(a) of the Road Safety (Vehicles) Regulations 2009 for "applicable" substitute "relevant".

32Dealer disposing of registered vehicle to person other than dealer must give Corporation documents etc.

In regulation 73(2)(b)(iii) of the Road Safety (Vehicles) Regulations 2009, for "appropriate" substitute "transfer".

33Fees for registration and renewal of registration of other vehicles

(1)In regulation 102(1) of the Road Safety (Vehicles) Regulations 2009, for "Subject to subregulation (2), the" substitute "The".

(2)Regulation 102(2) of the Road Safety (Vehicles) Regulations 2009 is revoked.

34Substitution of regulation 103

For regulation 103 of the Road Safety (Vehicles) Regulations 2009 substitute

103Fees for the transfer of registration"

The fee payable for the transfer of registration of a vehicle is the relevant fee specified in Schedule 5.".

35Vehicle inspection fees

Regulation 105 of the Road Safety (Vehicles) Regulations 2009 is revoked.

36Refunds

(1)In regulation 106(3) of the Road Safety (Vehicles) Regulations 2009, for "fee specified in item 23 of" substitute "relevant fee specified in".

(2)For regulation 106(6)(a) of the Road Safety (Vehicles) Regulations 2009 substitute

"(a)a fee to make an appointment for a vehicle inspection required under these Regulations; or

(ab)a fee to change the time or place of a vehicle inspection required under these Regulations; or".

37Application of certain fees

For regulation 107(a) of the Road Safety (Vehicles) Regulations 2009 substitute

"(a)fees payable under items 1 to 10, 12, 14, 16, 17, 20 to 22 and 26 of Schedule 5;".

38Application for short term unregistered vehicle permit

In regulation 133(2) of the Road Safety (Vehicles) Regulations 2009 omit "item 11 of".

39Application for club permit

In regulation 155(1)(c) of the Road Safety (Vehicles) Regulations 2009 omit "items 14A or 14B of".

40Renewal of club permit

In regulation 157C(1)(c) of the Road Safety (Vehicles) Regulations 2009 omit "items 14A or 14B of".

41Exemption from Schedule 7 by class 1 permit

In regulation 180(6) of the Road Safety (Vehicles) Regulations 2009 omit "item 15 of".

42Exemption from Schedule 8 by class 2 permit

In regulation 190(5)(b) of the Road Safety (Vehicles) Regulations 2009 omit "item 16 of".

43Exemption from Schedule 9 by class 3 permit

In regulation 196(5)(b) of the Road Safety (Vehicles) Regulations 2009 omit "item 17 of".

44Application for licence to test vehicles or approval of additional or replacement premises to test vehicles

In regulation 200(b) of the Road Safety (Vehicles) Regulations 2009 omit "item 18 of".

45Renewal of licence to test vehicles

In regulation 206(2)(b) of the Road Safety (Vehicles) Regulations 2009 omit "item 19 of".

46Duplicate tester's licence

In regulation 208 of the Road Safety (Vehicles) Regulations 2009 omit "item 20 of".

47Supply of certificates of roadworthiness and test reports

In regulation 228(1)(a) of the Road Safety (Vehicles) Regulations 2009 omit "item 21 of".

48Schedule 3 amended

(1)In clause (1) of Schedule 3 to the Road Safety (Vehicles) Regulations 2009, for "clause (3)" substitute "clauses (3) and (4)".

(2)In clause (2) of Schedule 3 to the Road Safety (Vehicles) Regulations 2009, for "clause (3)" substitute "clauses (3) and (4)".

(3)After clause (3) of Schedule 3 to the Road Safety (Vehicles) Regulations 2009 insert

"(4)If a motor vehicle is a hybrid vehicle or an electric powered passenger car, the fee to be paid for registration or renewal of registration of the vehicle is—

(a)nil, if the fee specified in column 2 of the Table to this Schedule for the corresponding vehicle category specified in column 1 of the Table is less than $100; or

(b)in any other case, the fee specified in column 2 of the Table to this Schedule for the corresponding vehicle category specified in column 1 of the Table, less $100.

Notes

1A hybrid vehicle is a vehicle equipped to run on electricity and one or more other fuel types—see regulation 5.

2An electric powered passenger car is a vehicle that is a passenger car (MA) equipped to run solely on electricity and that is not a vehicle referred to in item 7 of the Table to Schedule 3—see regulation 5.".

49Schedule 5 substituted

For Schedule 5 to the Road Safety (Vehicles) Regulations 2009 substitute

"SCHEDULE 5

Regulations 26, 28, 31, 34, 42, 44, 45, 46,


54, 77, 98, 103, 106, 133, 142,


155, 157C, 180, 190, 196, 200,


206, 208, 228

MISCELLANEOUS FEES

Column 1

Item

Column 2

Description

Column 3

Regulation

Column 4

Fee

1 Fee to make an appointment for a vehicle inspection 26(2)(a) 1·28 fee units
2 Fee to change the time or place of a vehicle inspection 26(2)(b) and 28(5)(a) 1·28 fee units
3 Vehicle inspection performed at the Corporation's premises 26(2)(c) and 28(5)(b) 2·04 fee units
4 Vehicle inspection performed outside the Corporation's premises 26(2)(c) and 28(5)(b) 3·63 fee units
5 Dealer certification inspection report book 31(3)(a) 38·54 fee units
6 Certification that a vehicle has been fitted with a compliant system of electronic stability control 34(3)(b)(iii) $5.80
7 Issue of a replacement certificate of registration
and/or registration label
42 and 54 1·24 fee units
8 Assignment of registration number 44(4)(a) 8·67 fee units
9 Issue of a number plate (per plate) 45(1) 1·28 fee units
10 Replacement of standard number plate (per plate) 46(b) 2·37 fee units

Column 1

Item

Column 2

Description

Column 3

Regulation

Column 4

Fee

11 Application for transfer of registration of vehicle repossessed by financiers 77(4)(b) $3.30
12 VIV certificate books—per book of 50 certificates 98(2)(a) 6·08 fee units
13

Transfer of registration—

(a)     of a category 3, 10, 11, 12 or 13 vehicle referred to in the Table to Schedule 3 from the name of a deceased person, or his or her legal personal representative, to the surviving spouse or domestic partner of the deceased person

103

Nil

(b)     of a vehicle that is, or that as a result of the transfer becomes, a category 6(1)(b)(viii), 6(2), 6(3), 6(4), 9, 10, 11, 12, 13, 17 or 18 vehicle referred to in the Table to Schedule 3 103 Nil
(c)     to a dealer of a motor vehicle other than a motor cycle 103 1·4 fee units
(d)     of a motor cycle or trailer 103 $5.70
(e)     in any other case 103 2·75 fee units
14 Processing a refund relating to cancellation or change of vehicle registration 106(3) 1·28 fee units
15 Short-term unregistered vehicle permit—for each 28 day period or part of such period of the permit's validity 133(2) 1·7 fee units
16 Annual fee for general identification mark 142(1)(a) 7·97 fee units

Column 1

Item

Column 2

Description

Column 3

Regulation

Column 4

Fee

17 Annual fee for trade plates (per plate) 142(1)(b) 3·26 fee units
18 Issue or renewal of 45 day club permit 155(1)(c) and 157C(1)(c) 1·6 fee units
19 Issue or renewal of 90 day club permit 155(1)(c) and 157C(1)(c) 3·2 fee units
20 Class 1 permit 180(6) 4·77 fee units
21 Class 2 permit 190(5)(b) 4·77 fee units
22 Class 3 permit 196(5)(b) 4·77 fee units
23 Application for tester's licence or for approval of additional or replacement premises 200(b) 8 fee units
24 Renewal of tester's licence 206(2)(b) 1·6 fee units
25 Duplicate tester's licence document 208 1·54 fee units
26 Certificate of roadworthiness books—per book of 100 certificates 228(1)(a) 12·17 fee units

__________________".

50Schedule 6 substituted

For Schedule 6 to the Road Safety (Vehicles) Regulations 2009 substitute

"SCHEDULE 6

Regulation 104

SEARCH AND EXTRACT FEES

Item

Description

Fee

1 Certificate under section 84(1) or (4A) of the Act $8.30
2 Extract of current information $8.30
3 Extract of historical information 1·3 fee units
4 Information by telephone on telephone enquiry from a municipal council $8.30
5

Search for any other purposes—

(i)    of current records

(ii)     of historical records

$8.30

1·3 fee units

__________________".

═══════════════

ENDNOTES


[1] Reg. 4: S.R. No. 95/2009 as amended by S.R. Nos 138/2009, 28/2010, 35/2010 and 135/2010.

[2] Reg. 22: S.R. No. 118/2009 as amended by S.R. Nos 26/2010, 33/2010, 35/2010, 80/2010, 116/2010 and 136/2010.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2011 is $12.22.  The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee 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 fee 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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