Untitled document

Road Legislation Miscellaneous Amendments Act 2010

No. 75 of 2010

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of EastLink Project Act 2004

3Offence to drive unregistered vehicle in toll zone

Part 3—Amendment of Melbourne City Link Act 1995

4Leasing powers

5Road operation and management powers in relation to leased land

6Action by Registrar of Titles

7Offence to drive unregistered vehicle in toll zone

8Disclosure and use of information for enforcement of criminal law and certain road safety laws

9Lease of land in Extension Project area

10New section 93J inserted

93JAction by Registrar of Titles

Part 4—Amendment of Road Management Act 2004

11Power to remove vehicles causing obstruction or danger

Part 5—Amendment of Road Safety Act 1986

12Definition

13Driving instructor authorities

14Provisions about cancellation and disqualification

15Immediate suspension of driver licence or permit in certain circumstances

16Average speed evidence of actual speed in certain
circumstances

17General evidentiary provisions

18Definitions

19Effect of drink-driving infringements, drug-driving
infringements and excessive speed infringements

20New section 89BA inserted

89BAExtension of time to lodge statement under
section 84BE

21Suspension of licence or permit for excessive speed infringements

22Disclosure of information

Part 6—Amendment of Other Acts

23Duties Act 2000

24Transport (Compliance and Miscellaneous) Act 1983

Part 7—Repeal of Amending Act

25Repeal

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Endnotes

Road Legislation Miscellaneous Amendments Act 2010

No. 75 of 2010

[Assented to 19 October 2010]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the EastLink Project Act 2004 to clarify the application of the defence to driving an unregistered vehicle in a toll zone; and

(b)to amend the Melbourne City Link Act 1995 to enable the Governor in Council to ratify or give effect to the partial surrender by the lessee of an existing lease of Crown land granted for the purposes of the managing of any roadworks or ancillary works related to the Melbourne City Link Project or the Exhibition Street Extension Project; and

(c)to amend the Road Management Act 2004 in relation to moved, kept and impounded vehicles; and

(d)to amend the Road Safety Act 1986—

(i)to extend and strengthen the operation of the provisions of that Act under which a licence or permit may be suspended for certain drug-driving offences;

(ii)to provide for an extension of time to nominate another driver in the circumstances where a person has been issued with a traffic infringement notice in respect of an excessive speed infringement but is unaware that the notice has been issued;

(iii)to extend the range of information that the Corporation may disclose and the circumstances under which that information may be disclosed;

(iv)to make other minor technical amendments to that Act; and

(e)to make miscellaneous amendments to other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 August 2011, it comes into operation on that day.

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Part 2—Amendment of EastLink Project Act 2004

3Offence to drive unregistered vehicle in toll zone

(1)In section 204(4)(b) of the EastLink Project Act 2004, after "arrangement" insert "that was not suspended at the time the offence is alleged to have been committed".

(2)After section 204(4) of the EastLink Project Act 2004 insert—

"(4A)A certificate purporting to be given by the tollway operator certifying that, at the time the offence is alleged to have been committed, the tollway billing arrangement was suspended, is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that, at that time, the tollway billing arrangement was suspended.".

(3)In section 204(11) of the EastLink Project Act 2004, after "arrangement" insert "that was not suspended at the time the offence is alleged to have been committed".

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Part 3—Amendment of Melbourne City Link Act 1995

4Leasing powers

(1)In section 60(1)(b)(v) of the Melbourne City Link Act 1995, for "provided for." substitute "provided for; and".

(2)After section 60(1)(b) of the Melbourne City Link Act 1995 insert—

"(c)may ratify or give effect to any partial surrender of the lease by the lessee, if the lessee has the consent of any mortgagee and the holder of any charge over the lease.".

(3)After section 60(2) of the Melbourne City Link Act 1995 insert—

"(2A)Despite the partial surrender of a lease that is ratified or given effect to under subsection (1)(c)—

(a)any declaration under section 61(1); and

(b)any toll zone specified under section 71(1)—

made or specified in relation to leased land continues in operation in relation to any part of the leased land that is not surrendered.

(2B)For the avoidance of doubt, the partial surrender of a lease ratified or given effect to under subsection (1)(c) does not constitute the surrender in full of that lease and does not affect the operation of the lease in relation to any part of the leased land that is not surrendered.".

5Road operation and management powers in relation to leased land

After section 62(1) of the Melbourne City Link Act 1995 insert—

"(1A)Despite subsection (1)(b) and anything to the contrary in the Road Management Act 2004 or the regulations under that Act, Roads Corporation may exercise any road operation and management powers relating to ramp metering conferred on the Link corporation in respect of land leased under section 60, in so far as the exercise of those powers by Roads Corporation is provided for and is in accordance with any agreement between the Link corporation and the State including any agreed guidelines and protocols agreed by the parties under that agreement.".

6Action by Registrar of Titles

In section 65 of the Melbourne City Link Act 1995, after "Agreement" insert "or any partial surrender of a lease ratified or given effect to under section 60(1)(c)".

7Offence to drive unregistered vehicle in toll zone

(1)In section 73(3)(b) of the Melbourne City Link Act 1995, after "arrangement" insert "that was not suspended at the time the offence is alleged to have been committed".

(2)After section 73(3B) of the Melbourne City Link Act 1995 insert—

"(3C)A certificate purporting to be given by the tollway operator certifying that, at the time the offence is alleged to have been committed, the tollway billing arrangement was suspended, is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that, at that time, the tollway billing arrangement was suspended.".

(3)In section 73(7) of the Melbourne City Link Act 1995, after "arrangement" insert "that was not suspended at the time the offence is alleged to have been committed".

8Disclosure and use of information for enforcement of criminal law and certain road safety laws

In section 90B of the Melbourne City Link Act 1995, in the definition of relevant road safety law, for paragraphs (c), (d), (da), (e), (f) and (g) substitute—

"(c)rule 152(1) of the Road Safety Road Rules 2009; or

(d)regulation 50 of the Road Safety (Vehicles) Regulations 2009; or

(e)regulation 245 of the Road Safety (Vehicles) Regulations 2009;

(f)regulation 246 of the Road Safety (Vehicles) Regulations 2009; or

(g)regulation 247 of the Road Safety (Vehicles) Regulations 2009; or

(h)regulation 248 of the Road Safety (Vehicles) Regulations 2009; or

(i)regulation 252 of the Road Safety (Vehicles) Regulations 2009; or

(j)regulation 253 of the Road Safety (Vehicles) Regulations 2009;".

9Lease of land in Extension Project area

(1)After section 93G(1A) of the Melbourne City Link Act 1995 insert—

"(1B)The Governor in Council, on behalf of the Crown, subject to and in accordance with the terms of the Extension Agreement and on the recommendation of the Minister, may ratify or give effect to the partial surrender by the lessee of a lease granted under subsection (1), if the lessee has the consent of any mortgagee and the holder of any charge over the lease.".

(2)After section 93G(2) of the Melbourne City Link Act 1995 insert—

"(3)Despite the partial surrender of a lease ratified or given effect to under subsection (1B)—

(a)any declaration under section 93H(1); and

(b)any toll zone specified under section 71(1)—

made or specified in relation to leased land continues in operation in relation to any part of the leased land that is not surrendered.

(3A)For the avoidance of doubt, the partial surrender of a lease ratified or given effect to under subsection (1B) does not constitute the surrender in full of that lease and does not affect the operation of the lease in relation to any part of the leased land that is not surrendered.".

10New section 93J inserted

After section 93I of the Melbourne City Link Act 1995 insert—

"93J   Action by Registrar of Titles

On being requested to do so and on delivery of any relevant instrument or document (but without production of a duplicate Crown grant or certificate of title), the Registrar of Titles must, as soon as practicable, register any lease made in accordance with the Extension Agreement or any partial surrender of a lease ratified or given effect to under section 93G(1B).".

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Part 4—Amendment of Road Management Act 2004

11Power to remove vehicles causing obstruction or danger

(1)In clause 5(1) of Schedule 4 to the Road Management Act 2004, for "or impound any vehicle" substitute ", keep or impound any vehicle (and anything in, on or attached to the vehicle)".

(2)For clause 5(2) of Schedule 4 to the Road Management Act 2004 substitute—

"(2)A State road authority must return to its owner a vehicle moved, kept or impounded under subclause (1) on payment of a fee.

(2A)The fee set for the purposes of subclause (2) must not exceed an amount that reasonably represents the cost to a State road authority of impounding, moving, keeping and releasing the vehicle, including any relevant overhead and other indirect costs.".

(3)After clause 5(3) of Schedule 4 to the Road Management Act 2004 insert—

"(4)Subject to subclause (5), a State road authority may sell, destroy or give away a vehicle that has been moved, kept or impounded under subclause (1) (and anything in, on or attached to the vehicle) if the owner of the vehicle has not paid the fee under subclause (2) within 60 days of the date that the vehicle was first moved, kept or impounded.

(5)Before exercising the power under subclause (4), the State road authority must take reasonable steps to notify the owner of the vehicle that the vehicle has been moved, kept or impounded and may be sold, destroyed or given away unless the specified fee is paid within 60 days.

(6)A State road authority and anyone who obtains the vehicle from a State road authority under subclause (4) is not liable to the owner of the vehicle or any other person in respect of any action taken under that subclause.".

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Part 5—Amendment of Road Safety Act 1986

12Definition

In section 3(1) of the Road Safety Act 1986, in paragraph (b) of the definition of vehicle identifier, for "clause 58 of Schedule 8 to the Road Safety (Vehicles) Regulations 1999" substitute "clause 58 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009".

13Driving instructor authorities

(1)In section 33(1) of the Road Safety Act 1986 for "Infrastructure" substitute "Transport".

(2)In section 33(15) of the Road Safety Act 1986 for "subsection (14)" substitute "subsection (13)".

14Provisions about cancellation and disqualification

In section 50(1E) of the Road Safety Act 1986—

(a)for "may" substitute "must";

(b)omit "such period as the court thinks fit, not being more than";

(c)in paragraph (a) for "6 months" substitute

"a period not less than 3 months";

(d)in paragraph (b) for "12 months" substitute "a period not less than 6 months".

15Immediate suspension of driver licence or permit in certain circumstances

In section 51(1A) of the Road Safety Act 1986 for "(ca) or (ea)" substitute "(ca), (ea) or (eb)".

16Average speed evidence of actual speed in certain circumstances

(1)In section 78(2) of the Road Safety Act 1986 after "seconds" insert "(including any part of a second)".

(2)At the foot of section 78(2) of the Road Safety Act 1986 insert—

"Example

In 16∙2 seconds a motor vehicle travels between two points that are 400 metres apart.  400 × 3∙6 divided by 16∙2 equals 88∙9 or, when rounded down to the next whole number, gives a result of 88.  Therefore, for the purpose of subsection (1), the average speed of the motor vehicle is 88 kilometres per hour.".

17General evidentiary provisions

In section 84(7) of the Road Safety Act 1986 for "section 66(1)" substitute "section 66".

18Definitions

In section 84C(1) of the Road Safety Act 1986—

(a)in the definition of relevant offence for "section 65" substitute "section 65(1)";

(b)for the definition of Road Rules substitute—

"Road Rules means the Road Safety Road Rules 2009".

19Effect of drink-driving infringements, drug-driving infringements and excessive speed infringements

In section 89A(2) of the Road Safety Act 1986 for "the person to whom the notice was issued objects, within that time and in accordance with this section, to the infringement notice" substitute—

"within that time the person to whom the notice was issued—

(a)objects, in accordance with this section, to the infringement notice; or

(b)in the case of a traffic infringement notice issued in respect of an excessive speed infringement, gives a statement under section 84BE to an enforcement official within the meaning of Part 6AA".

20New section 89BA inserted

After section 89B of the Road Safety Act 1986 insert—

"89BA   Extension of time to lodge statement under section 84BE

(1)If—

(a)a person is issued with a traffic infringement notice in respect of an excessive speed infringement; and

(b)the infringement notice is not delivered personally to the person and the person is not in fact aware, before the notice takes effect as a conviction, that it had been issued—

the person may apply to an infringements registrar within the meaning of the Infringements Act 2006 or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, to have the time for giving a statement under section 84BE(1) extended.

(2)An application under subsection (1) must—

(a)be made within 14 days of the applicant becoming aware of the notice; and

(b)be filed with the registrar; and

(c)be accompanied by a sworn statement in writing or by a statutory declaration setting out the grounds for the application.

(3)If an application is made under subsection (1) to an infringements registrar within the meaning of the Infringements Act 2006, the registrar must—

(a)refer the application to the Magistrates' Court; and

(b)cause a notice of the time and place of the hearing of the application to be given or sent to—

(i)the person who issued the infringement notice; and

(ii)the applicant.

(4)The Magistrates' Court or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, must not grant an extension of time unless satisfied that the person was not in fact aware, before the infringement notice took effect as a conviction, that it had been issued.

(5)If the Magistrates' Court or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, grants an extension of time and if an enforcement official accepts a statement given by the person before the expiry of the extended time as an effective statement for the purposes of Part 6AA, the giving of the statement has the effect that—

(a)the conviction is set aside; and

(b)any cancellation, disqualification or suspension, and any extension of probation, that resulted from the conviction is set aside; and

(c)any demerit points recorded as a result of the conviction are cancelled; and

(d)anything done by the person before he or she became aware that the infringement notice had been issued that constituted an offence only because of any cancellation, disqualification or suspension, or any extension of probation, that resulted from the conviction must be taken not to constitute that offence; and

(e)any of the procedures set out in the Infringements Act 2006 or in Schedule 3 to the Children, Youth and Families Act 2005 that are being used for the enforcement of the amount specified in the infringement notice as payable in respect of the offence for which the notice was issued must be discontinued and any warrant issued under that Act or that Schedule, as the case requires, ceases to have effect; and

(f)the infringement notice is cancelled.".

21Suspension of licence or permit for excessive speed infringements

(1)Insert the following heading to section 89D of the Road Safety Act 1986—

"Suspension of licence or permit for excessive speed infringement or drug-driving infringement".

(2)For section 89D(1) of the Road Safety Act 1986 substitute—

"(1)This section applies if—

(a)a person is issued with a traffic infringement notice in respect of—

(i)an excessive speed infringement; or

(ii)a drug-driving infringement; and

(b)no notice of objection to the infringement notice has been given and the 28 day period has expired.

(1AA)Any driver licence or permit held by the person is suspended—

(a)in the case of a traffic infringement notice issued in respect of an excessive speed infringement—for a period ascertained in accordance with Column 2 of Schedule 5 by reference to the speed specified in the notice;

(b)in the case of a traffic infringement notice issued in respect of a drug-driving infringement—for a period of 3 months.

(1AB)In addition, the person is disqualified from obtaining a further licence or permit for the period determined under subsection (1AA).".

(3)In section 89D(6) and (7) of the Road Safety Act 1986 after "infringement" insert "or drug-driving infringement".

22Disclosure of information

(1)After section 92(2) of the Road Safety Act 1986 insert—

"(2AA)Subsection (2) does not prevent the disclosure or use of any of the following information relating to a vehicle—

(a)the vehicle's make, model, year of manufacture, compliance plate data and any information relating to the compliance of the vehicle with the standards for registration prescribed by regulations under this Act;

(b)the vehicle's description and mechanical configuration including, but not limited to, the vehicle's colour, body type, transmission type, fuel type, odometer reading, number plate characteristics, vehicle category code and any data held by the Corporation regarding the vehicle's safety features and engine emissions;

(c)the vehicle's registration number, vehicle identification number, chassis number, engine identification number and any other identification number;

(d)whether or not the vehicle is registered and, if so, the start and expiry date of registration, the date of first registration of the vehicle, its registered operator type and vehicle fee code;

(e)the number of previous registered operators, dates of acquisition and the postcode of the current and previous registered operators of the vehicle;

(f)the conditions, if any, imposed on the registration of the vehicle;

(g)whether or not the engine identification number, registration number, vehicle identification number or chassis number of the vehicle is the same as that of a vehicle recorded as stolen.".

(2)After section 92(3A) of the Road Safety Act 1986 insert—

"(3B)Subsection (2) does not prevent the Corporation or a relevant person from confirming whether or not a named person or body is the registered operator of a vehicle or trailer in response to a request from a vehicle dealer if—

(a)the request is made for the purpose of determining whether a person or body from whom the vehicle dealer is purchasing, or intending to purchase, a vehicle or trailer is the registered operator of the vehicle or trailer; and

(b)the vehicle dealer supplies the name and address of the person or the body whom they believe to be the registered operator of the vehicle or trailer.

(3C)For the purposes of subsection (3B), a vehicle dealer means—

(a)a motor car trader within the meaning of the Motor Car Traders Act 1986; or

(b)an employee of a motor car trader referred to in paragraph (a); or

(c)if, under regulation 31 of the Road Safety (Vehicles) Regulations 2009, the Corporation has entered into an arrangement with a person engaged in the sale, distribution or management of vehicles, that person or any other person specified in the arrangement to whom the Corporation has agreed to delegate its powers in relation to the registration of vehicles.".

(3)In section 92(4)(a) of the Road Safety Act 1986 after "Corporation" insert ", other than information specified in subsections (2A) or (2AA)".

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Part 6—Amendment of Other Acts

23Duties Act 2000

In the note at the foot of section 217(1) of the Duties Act 2000—

(a)omit "regulations 212 and 230 of";

(b)for "1999" substitute "2009".

24Transport (Compliance and Miscellaneous) Act 1983

(1)In section 221U of the Transport (Compliance and Miscellaneous) Act 1983, for the note at the foot of the definition of level crossing substitute—

"Note

Rule 120 of the Road Safety Road Rules 2009 includes diagrams of level crossing signs.".

(2)In sections 221X(1)(a), 221X(2)(a), 221X(4), 221Y(3) and 221Z(2)(b) of the Transport (Compliance and Miscellaneous) Act 1983, for "Road Safety (Vehicles) Regulations 1999" substitute "Road Safety (Vehicles) Regulations 2009".

(3)For section 230AH(1)(b) of the Transport (Compliance and Miscellaneous) Act 1983 substitute—

"(b)the processes for loading information onto a prescribed device or a prescribed computer system, copying or transferring information between prescribed devices or between a prescribed device and a prescribed computer system, storing of information by a prescribed device or prescribed computer system and producing a printed record of information stored by a prescribed device or prescribed computer system; and".

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Part 7—Repeal of Amending Act

25Repeal

This Act is repealed on 1 August 2012.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Minister's second reading speech—

Legislative Assembly: 12 August 2010

Legislative Council: 16 September 2010

The long title for the Bill for this Act was "A Bill for an Act to amend the EastLink Project Act 2004, the Melbourne City Link Act 1995, the Road Management Act 2004, the Road Safety Act 1986 and to make amendments to other Acts and for other purposes."