Road Safety (Drivers) Amendment Regulations 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Road Safety (Drivers) Amendment Regulations 2017 S.R. No. 139/2017 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 2 4 Exemption for holder of licence or permit issued outside Victoria 2 5 Mandatory refusal for specified applicants 3 6 Regulation 29A revoked 4 7 Consideration of application and decision 4 8 Prescribed alcohol interlock usage data requirements 4 9 Corporation to record demerit points 5 10 Corporation to record demerit points for relevant interstate offences 5 11 Record of day on which offence was committed 5 12 Notice to be given to other jurisdictions 5 13 Other grounds for variation, suspension or cancellation of driver licence or learner permit 5 14 Application for a reduced disqualification or suspension 7 15 Definition for Division 2 7 ═════════════ Endnotes 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2017 S.R. No. 139/2017 Road Safety Act 1986 Road Safety (Drivers) Amendment Regulations 2017 The Governor in Council makes the following Regulations: Dated: 19 December 2017 Responsible Minister: LUKE DONNELLAN Minister for Roads and Road Safety ANDREW ROBINSON Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to amend the Road Safety (Drivers) Regulations 2009— (a) as a consequence of the enactment of the Road Legislation Further Amendment Act 2016; and (b) as a consequence of the enactment of the Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017; and (c) to make other minor amendments. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. -- 2 of 9 -- Road Safety (Drivers) Amendment Regulations 2017 S.R. No. 139/2017 Authorised by the Chief Parliamentary Counsel 2 3 Commencement (1) These Regulations (except regulations 4, 5, 6, 7, 8, 13, 14 and 15) come into operation on 20 December 2017. (2) Regulations 4, 5, 6, 7, 8, 13, 14 and 15 come into operation on 31 January 2018. 4 Exemption for holder of licence or permit issued outside Victoria (1) In regulation 17(2)(c) of the Road Safety (Drivers) Regulations 2009 1 , for "subregulation (3);" substitute "subregulation (3).". (2) After regulation 17(2) of the Road Safety (Drivers) Regulations 2009 insert— "(2A) A person who drives a motor vehicle that is a motor home on a highway is exempted from the requirement under section 18(1)(a) of the Act to hold a driver licence or learner permit authorising the person to drive such a motor vehicle if— (a) the person holds a driver licence for any category of motor vehicle (other than a driver licence that only authorises the person to ride a motor cycle or motor trike) issued in another country; and (b) at the time the licence was issued the person was ordinarily resident in that country; and (c) the licence is written in English or accompanied by an accurate English translation and, in either case, complies with subregulation (3).". (3) In regulation 17(3) of the Road Safety (Drivers) Regulations 2009, after "(2)(c)" insert "or (2A)(c)". -- 3 of 9 -- Road Safety (Drivers) Amendment Regulations 2017 S.R. No. 139/2017 Authorised by the Chief Parliamentary Counsel 3 (4) After regulation 17(3) of the Road Safety (Drivers) Regulations 2009 insert— "(4) In this regulation— motor home means a motor vehicle that— (a) is not a bus; and (b) has a GVM of not more than 4·5 tonnes; and (c) is designed and constructed for the primary purpose of providing a temporary dwelling for persons using the vehicle for recreational travel.". 5 Mandatory refusal for specified applicants After regulation 29(2) of the Road Safety (Drivers) Regulations 2009 insert— "(3) Despite subregulation (2), the Corporation is not required to refuse an application for a driver licence or learner permit if— (a) the person has been disqualified from driving or obtaining a driver licence or learner permit in another jurisdiction as a result of having been convicted or found guilty of a corresponding interstate drink-driving offence in that jurisdiction; and (b) the Corporation, under section 25 of the Act— (i) cancelled any driver licence or learner permit held by the person; and -- 4 of 9 -- Road Safety (Drivers) Amendment Regulations 2017 S.R. No. 139/2017 Authorised by the Chief Parliamentary Counsel 4 (ii) disqualified the person from obtaining a driver licence or learner permit for a period determined in accordance with that section; and (c) the period of disqualification has expired; and (d) the person is not subject to any other disqualification or suspension arising from another offence. (4) In this Regulation— corresponding interstate drink-driving offence means an offence against a law of another State or a Territory that the Minister has declared under section 25(1) of the Act to correspond to a specified Victorian drink-driving offence.". 6 Regulation 29A revoked Regulation 29A of the Road Safety (Drivers) Regulations 2009 is revoked. 7 Consideration of application and decision The note at the foot of regulation 32 of the Road Safety (Drivers) Regulations 2009 is revoked. 8 Prescribed alcohol interlock usage data requirements (1) In regulation 37B(1) of the Road Safety (Drivers) Regulations 2009, for "sections 50AAAB(3) and 50AAB(5)" substitute "sections 50AAAB, 50AAAC, 50AAB and 50AAF". -- 5 of 9 -- Road Safety (Drivers) Amendment Regulations 2017 S.R. No. 139/2017 Authorised by the Chief Parliamentary Counsel 5 (2) In regulation 37B(2)(c) of the Road Safety (Drivers) Regulations 2009— (a) for "granted under section 31KA" substitute "that is subject to an alcohol interlock condition imposed by the Corporation under section 31KA or 31KB"; (b) subparagraph (i) is revoked. 9 Corporation to record demerit points In regulation 73(1)(f) of the Road Safety (Drivers) Regulations 2009, after "2009" insert "or section 356D(1) of the Children, Youth and Families Act 2005". 10 Corporation to record demerit points for relevant interstate offences In regulation 73A(1)(e) of the Road Safety (Drivers) Regulations 2009, after "2009" insert "or section 356D(1) of the Children, Youth and Families Act 2005". 11 Record of day on which offence was committed In regulation 74(2) of the Road Safety (Drivers) Regulations 2009, after "2009" insert "or section 356D(1) of the Children, Youth and Families Act 2005". 12 Notice to be given to other jurisdictions In regulation 75(1)(d) of the Road Safety (Drivers) Regulations 2009, after "2009" insert "or section 356D(1) of the Children, Youth and Families Act 2005". 13 Other grounds for variation, suspension or cancellation of driver licence or learner permit (1) In regulation 79(2) of the Road Safety (Drivers) Regulations 2009, after "Subject to" insert "subregulation (2A) and". -- 6 of 9 -- Road Safety (Drivers) Amendment Regulations 2017 S.R. No. 139/2017 Authorised by the Chief Parliamentary Counsel 6 (2) After regulation 79(2) of the Road Safety (Drivers) Regulations 2009 insert— "(2A) The Corporation must not suspend a person's driver licence or learner permit if— (a) the person has been disqualified from driving or obtaining a driver licence or learner permit in another jurisdiction as a result of having been convicted or found guilty of a corresponding interstate drink-driving offence in that jurisdiction; and (b) the Corporation, under section 25 of the Act— (i) has cancelled any driver licence or learner permit held by the person; and (ii) has disqualified the person from obtaining a driver licence or learner permit for a period determined in accordance with that section.". (3) After regulation 79(3) of the Road Safety (Drivers) Regulations 2009 insert— "(4) In this Regulation— corresponding interstate drink-driving offence means an offence against a law of another State or a Territory that the Minister has declared under section 25(1) of the Act to correspond to a specified Victorian drink-driving offence.". -- 7 of 9 -- Road Safety (Drivers) Amendment Regulations 2017 S.R. No. 139/2017 Authorised by the Chief Parliamentary Counsel 7 14 Application for a reduced disqualification or suspension After regulation 81B(2) of the Road Safety (Drivers) Regulations 2009 insert— "(2A) Despite subregulation (2), a person is not entitled to apply for a reduced disqualification or suspension in accordance with this regulation if the Corporation, under section 25 of the Act— (a) cancelled any driver licence or learner permit held by the person; and (b) disqualified the person from obtaining a driver licence or learner permit for a period determined in accordance with that section.". 15 Definition for Division 2 (1) In regulation 82A of the Road Safety (Drivers) Regulations 2009, after paragraph (c) of the definition of relevant decision insert— "(ca) a decision by the Corporation to cancel a person's driver licence or learner permit and disqualify a person from obtaining a driver licence or learner permit under section 25 of the Act; or". (2) In regulation 82A of the Road Safety (Drivers) Regulations 2009, in paragraph (d) of the definition of relevant decision, for "section 31KA" substitute "section 31KA or 31KB". ═════════════ -- 8 of 9 -- Endnotes Road Safety (Drivers) Amendment Regulations 2017 S.R. No. 139/2017 Authorised by the Chief Parliamentary Counsel 8 Endnotes 1 Reg. 4(1): S.R. No. 95/2009. Reprint No. 3 as at 1 July 2017. Reprinted to S.R. No. 42/2017. Subsequently amended by S.R. No. 100/2017. -- 9 of 9 --