Untitled document

Road Safety (Drivers) (Amendment) Regulations 2006

S.R. No. 1/2006

TABLE OF PROVISIONS

Regulation  Page

1.Objectives

2.Authorising provision

3.Principal Regulations

4.Amendment of definition

5.Demerit points

6.Amendment of regulation 601

7.New regulation 601A

601A.Reduced licence renewal fee for good drivers

8.Good driver refunds

9.New Schedule 2A  

SCHEDULE 2A—Offences which Disqualify Drivers from Licence Renewal Fee Reductions

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 1/2006

Road Safety Act 1986

Road Safety (Drivers) (Amendment) Regulations 2006

The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations:

Dated: 4 January 2006

Responsible Minister:

PETER BATCHELOR
Minister for Transport

RUTH LEACH

Clerk of the Executive Council

1.Objectives

The objectives of these Regulations are—

(a)to provide for a reduced driver licence renewal fee or refunds for good drivers; and

(b)to amend the Road Safety (Drivers) Regulations 1999 consequentially on amendments to the Children and Young Persons Act 1989.

2.Authorising provision

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

3.Principal Regulations

In these Regulations, the Road Safety (Drivers) Regulations 1999[1] are called the Principal Regulations.

4.Amendment of definition

In regulation 104 of the Principal Regulations, for the definition of "appropriate fee" substitute—

' "appropriate fee", in relation to an amount payable under a provision of these Regulations, means—

(a)in the case of a provision referred to in item 1 or 2 of Schedule 2, the amount prescribed in that Schedule as being payable under that provision or, if regulation 601A(2) applies, that amount as reduced in accordance with that regulation; or

(b)in any other case, the amount (if any) prescribed in Schedule 2 or 3 as being payable under that provision;'.

5.Demerit points

In regulation 301(4)(c) of the Principal Regulations, after "Schedule 7 to the Magistrates' Court Act 1989" insert "or Schedule 2A to the Children and Young Persons Act 1989".

6.Amendment of regulation 601

In regulation 601 of the Principal Regulations, for "The" substitute "Subject to regulation 601A, the".

7.New regulation 601A

After regulation 601 of the Principal Regulations insert—

'601A.Reduced licence renewal fee for good drivers

(1)In this regulation—

"assessment date", in relation to a driver licence, means—

(a)for the purposes of determining whether the holder of the driver licence is an eligible person for the purposes of regulation 604(2)—1 February 2006; and

(b)in any other case—the day on which—

(i)a notice of renewal of the driver licence is issued by the Corporation under regulation 209; or

(ii)the driver licence is renewed—

whichever is the earlier;

"eligible person" means a person who holds or has held a driver licence and who, according to the records of the Corporation as at the assessment date, is not a person who—

(a)has had any demerit points recorded against him or her under regulation 301; or

(b)has been convicted or found guilty; or

(c)has paid, or entered into an arrangement to pay, the penalty specified in an infringement notice issued to the person; or

(d)has been convicted within the meaning of section 89(4) or 89A(2) of the Act; or

(e)is the subject of an enforcement order made under Schedule 7 to the Magistrates' Court Act 1989 or Schedule 2A to the Children and Young Persons Act 1989—

in respect of a relevant offence committed or alleged to have been committed during the three year period ending three months before the expiry date of the driver licence;

"relevant offence" means an offence arising out of the driving of a motor vehicle that is—

(a)an indictable offence; or

(b)an offence that is referred to in Table 301; or

(c)an offence under a provision of an Act, a Commonwealth Act or regulations referred to in Schedule 2A; or

(d)an offence against the law of another jurisdiction which corresponds to an offence referred to in paragraph (a), (b) or (c).

(2)On and from the commencement of the Road Safety (Drivers) (Amendment) Regulations 2006, the fee payable by an eligible person for the renewal of a driver licence that expired or expires on or after 1 January 2006 is reduced by 25%.

(3)Sub-regulation (2) does not apply in the case of a driver licence that is renewed more than—

(a)three months before the expiry date; or

(b)six months after the expiry date.'.

8.Good driver refunds

After regulation 604(1) of the Principal Regulations insert—

"(2)If—

(a)a person is an eligible person within the meaning of regulation 601A; and

(b)the expiry date of the person's driver licence was or is on or after 1 January 2006; and

(c)that licence has been, or is, renewed at any time within the period beginning 3 months before the expiry date and ending 6 months after the expiry date—

the person is entitled to a refund equal to the amount which is the difference (if any) between the amount actually paid for renewal of the licence and—

(d)if the licence was renewed before the commencement of the Road Safety (Drivers) (Amendment) Regulations 2006—75% of the appropriate fee as at the date of renewal; and

(e)if the licence was renewed on or after the commencement of the Road Safety (Drivers) (Amendment) Regulations 2006—the appropriate fee as at the date of renewal.".

9.New Schedule 2A

After Schedule 2 to the Principal Regulations insert—

"SCHEDULE 2A

Regulation 601A

OFFENCES WHICH DISQUALIFY DRIVERS FROM LICENCE RENEWAL FEE REDUCTIONS

Road Safety Act 1986

Sections 7(1) and (2), 13(5), 18(1)(a) and (b), 19(5) and (7), 21(1A), 21(3) (as in force prior to its repeal), 30(1), 32(1), 49(1), 50AAD(1)(a), 56(2) and (7), 59(1) and (8), 60(1), 61(3), (4) and (5), 62(3), 64(1), 68(1) and (2), 70(1A) and 74(1) and (2).

Road Rules

Rules 20, 62, 63(2), 80(1), 111(1), 116, 140, 149, 265(1), 268(1), (2), (3) and (4), 287(1), 294(1)(a)(ii), 297(1), 298(1) and 299(1).

Road Safety (Drivers) Regulations 1999

Regulations 211(1), 213(1) and (3), 214(1), 220(2), 503(1) and (2), 504, 504A(c), 505(2), 506(2), 507, 508(2), 508A(2), 510(1) and (2), 511(2), 513(1), (2) and (3), 514, 515, 516(1) and (2), 517 and 518(1) and (2).

Road Safety (General) Regulations 1999

Regulation 312.

Road Safety (Road Rules) Regulations 1999

Regulation 604.

Road Safety (Vehicles) Regulations 1999

Regulations 820(2) and 902(5)(a).

Transport Act 1983

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

Transport (Passengers and Rail Freight) Regulations 1994

Regulation 321(b) and (c).

Transport (Ticketing and Conduct) Regulations 2005

Regulation 36(2) and (3).

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. 3: S.R. No. 26/1999.  Reprint No. 2 as at 15 December 2002.  Reprinted to S.R. No. 115/2002.  Subsequently amended by

S.R. Nos 45/2003, 136/2003, 48/2004, 50/2004, 55/2004, 85/2004, 88/2004, 158/2004, 45/2005 and 139/2005.