Untitled document

Road Safety (General) (Infringement Trial Amendments) Regulations 2008

S.R. No. 77/2008

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

5Prescribed traffic infringements

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 77/2008

Road Safety Act 1986

Road Safety (General) (Infringement Trial Amendments) 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 (General) Regulations 1999 to provide for a trial period of enforcement for the offence of careless driving by infringement notice.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 July 2008.

4Definitions

In regulation 105 of the Road Safety (General) Regulations 1999[1], for paragraph (b) of the definition of infringement penalty substitute—

"(b)in relation to a traffic infringement—

(i)subject to paragraph (ii), the amount prescribed in Schedule 4 for the purposes of section 88(5) of the Act as the penalty for the traffic infringement to which the traffic infringement notice relates; or

(ii)in the case of a traffic infringement prescribed in regulation 601(1A), the amount prescribed in regulation 601(1B);".

5Prescribed traffic infringements

After regulation 601(1) of the Road Safety (General) Regulations 1999 insert—

'(1A)    For the purposes of the definition of traffic infringement in section 3(1) of the Act and for the purposes of section 88(1), an offence against section 65 of the Act is a traffic infringement of a kind prescribed for Part 7 of the Act in the case where the offence is alleged to have been committed by a person who is the holder of a full driver licence.

(1B)For the purposes of section 88(5) of the Act, the infringement penalty for a traffic infringement prescribed in subregulation (1A) is 2×4 penalty units.

(1C)A traffic infringement prescribed in regulation 601(1A) may be described in a traffic infringement notice as "Careless driving committed by the holder of a full driver licence".

(1D)A traffic infringement prescribed in regulation (1A) may be referenced by the code 2570.'.

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ENDNOTES

[1] Reg. 4: S.R. No. 27/1999.  Reprint No. 3 as at 1 July 2006.  Reprinted to S.R. No. 82/2006.  Subsequently amended by S.R. Nos 158/2006, 175/2006, 71/2007, 73/2007, 153/2007, 155/2007, 156/2007, 2/2008 and 26/2008.