Untitled document

Road Safety (Drivers) Amendment (Repeat Speeders Trial) Regulations 2010

S.R. No. 28/2010

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5New regulation 77A inserted

77ACancellation of certain demerit points

6Revocation of regulation 77A

7Amendment of Schedule 3

8Statute law revision

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 28/2010

Road Safety Act 1986

Road Safety (Drivers) Amendment (Repeat Speeders Trial) Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 18 May 2010

Responsible Minister:

TIM PALLAS
Minister for Roads and Ports

TOBY HALLIGAN

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Road Safety (Drivers) Regulations 2009—

(a)to provide for the cancellation of some demerit points for drivers who successfully participate in a trial called the Repeat Speeders Trial to be conducted by the Corporation; and

(b)to amend a reference in Schedule 3 to identify an offence in respect of which demerit points are incurred; and

(c)to make minor amendments of a statute law revision nature.

2Authorising provision

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

3Commencement

(1)These Regulations (other than regulation 6) come into operation on the day on which they are made.

(2)Regulation 6 comes into operation on 31 December 2013.

4Principal Regulations

In these Regulations, the Road Safety (Drivers) Regulations 2009[1] are called the Principal Regulations.

5New regulation 77A inserted

In Division 1 of Part 3 of the Principal Regulations, after regulation 77 insert—

"77A   Cancellation of certain demerit points

(1)In this regulation—

the Repeat Speeders Trial means the trial conducted by the Corporation between 25 May 2010 and 31 December 2011 consisting of—

(a)the Intelligent Speed Assist sub-trial in which each participant must use a data-logger supplied by the Corporation which records all speeds driven by the participant and may use an in-vehicle device supplied by the Corporation which provides alerts when the participant exceeds the relevant speed limit; and

(b)the Behavioural Intervention Program sub-trial in which each participant must attend a behavioural program designed to help the participant reflect on, and develop strategies to reduce, his or her speeding behaviour.

(2)The Corporation must cancel 3 demerit points recorded in the Demerits Register against a person if —

(a)a conviction or finding of guilt has not been recorded or made against the person in respect of the offence for which the demerit points were recorded; and

(b)the person has participated in the Repeat Speeders Trial and completed it to the satisfaction of the Corporation; and

(c)during the Repeat Speeders Trial, the person—

(i)has not committed an offence resulting in the cancellation or suspension of his or her driver licence; and

(ii)has not been served with a demerit point option notice under section 25 of the Act; and

(d)the person has not been assigned to the control group in a sub-trial.".

6Revocation of regulation 77A

Regulation 77A of the Principal Regulations is revoked.

7Amendment of Schedule 3

In item 27 of Schedule 3 to the Principal Regulations, for "RS(D)R 55" substitute "RS(D)R 55(1)".

8Statute law revision

(1)In regulation 5 of the Principal Regulations, for "In these regulations—" substitute "In these Regulations—".

(2)In regulations 73(1)(f), 74(2) and 75(1)(d) of the Principal Regulations, for "section 128A(2) of the Magistrates' Court Act 1989" substitute "section 59(2) of the Criminal Procedure Act 2009".

(3)The penalty at the foot of regulation 105(2) of the Principal Regulations is revoked.

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ENDNOTES

[1] Reg. 4: S.R. No. 95/2009 as amended by S.R. No. 138/2009.