Untitled document

Road Safety (Drivers) (Peer Passenger Restrictions) Interim Regulations 2008

S.R. No. 80/2008

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4New regulation 219A inserted

219APeer passenger restrictions for P1 probationary drivers

5Table 301 amended

6Revocation of peer passenger restrictions

7Expiry

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 80/2008

Road Safety Act 1986

Road Safety (Drivers) (Peer Passenger Restrictions) Interim Regulations 2008

The Administrator of the State of Victoria as the Governor's deputy with the advice of the Executive Council, makes the following Regulations:

Dated: 24 June 2008

Responsible Minister:

TIM PALLAS
Minister for Roads and Ports

RYAN HEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Road Safety (Drivers) Regulations 1999 to introduce peer passenger restrictions for P1 probationary drivers.

2Authorising provision

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

3Commencement

(1)These Regulations (except regulation 6) come into operation on 1 July 2008.

(2)Regulation 6 comes into operation on 16 March 2009.

4New regulation 219A inserted

After regulation 219 of the Road Safety (Drivers) Regulations 1999[1] insert—

"219A   Peer passenger restrictions for P1 probationary drivers

(1)A P1 probationary driver must not drive a motor vehicle on a highway in which there is more than one peer passenger.

Penalty:10 penalty units

(2)Subregulation (1) does not apply to a P1 probationary driver—

(a)who is a member of the police force and is driving a motor vehicle on a highway in the course of his or her duties; or

(b)who is driving an emergency vehicle on a highway in the course of his or her employment or duties, or in accordance with any terms of a contract or any engagement; or

(c)whose probationary licence is subject to a condition that the licence holder must not drive a motor vehicle on a highway while carrying more than one other person; or

(d)who is driving a motor vehicle on a highway in which there is an experienced driver sitting beside the P1 probationary driver.

(3)The Corporation, by instrument in writing, may exempt a P1 probationary driver from the requirement of subregulation (1) if the nature of that person's employment, essential activities or family circumstances is such that compliance with the regulation would impose undue hardship on the person or the person's family having regard to the likely effect of the exemption on safe, efficient and equitable road use in Victoria.

(4)In this regulation—

domestic partner has the same meaning as in the Road Safety (Vehicles) Regulations 1999;

emergency vehicle has the same meaning as in the Road Rules;

P1 probationary driver means—

(a)a person who is the holder of a P1 probationary driver licence; or

(b)a person who—

(i)is the holder of a provisional or probationary licence issued under a corresponding law of another jurisdiction; and

(ii)who has held that licence for less than 12 months and was under 21 years of age when that licence was issued to that person;

peer passenger, in relation to a P1 probationary driver, means a person who is at least 16 years of age but no more than 21 years of age but does not include a person who is—

(a)the spouse or domestic partner of the P1 probationary driver; or

(b)sibling or step-sibling of the P1 probationary driver;

spouse has the same meaning as in the Road Safety (Vehicles) Regulations 1999.".

5Table 301 amended

After the final item in Table 301 in regulation 301 of the Road Safety (Drivers) Regulations 1999 insert the following item—

"P1 probationary driver driving a motor vehicle with more than one peer passenger RS(D)R 219A 3".

6Revocation of peer passenger restrictions

(1)Regulation 219A of the Road Safety (Drivers) Regulations 1999 is revoked.

(2)In Table 301 in regulation 301 of the Road Safety (Drivers) Regulations 1999, omit the following item—

"P1 probationary driver driving a motor vehicle with more than one peer passenger RS(D)R 219A 3".

7Expiry

These Regulations expire on 17 March 2009.

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ENDNOTES

[1] Reg. 4: S.R. No. 26/1999.  Reprint No. 3 as at 1 July 2006.  Reprinted to S.R. No. 52/2006.  Subsequently amended by S.R. Nos 38/2007, 72/2007, 152/2007 and 27/2008.