Road Safety (Drivers), (General), (Traffic Management) and (Vehicles) Amendment (Road Rules) Regulations 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Road Safety (Drivers), (General), (Traffic Management) and (Vehicles) Amendment (Road Rules) Regulations 2017 S.R. No. 42/2017 TABLE OF PROVISIONS Regulation Page Part 1—Preliminary 1 1 Objective 1 2 Authorising provision 1 3 Commencement 2 Part 2—Road Safety (Drivers) Regulations 2009 3 4 Definitions 3 5 Schedule 3—Demerit points 3 6 Schedule 4—Offences which disqualify drivers from free 3 year full driver licence 3 Part 3—Road Safety (General) Regulations 2009 4 7 Offences detected by road safety cameras or prescribed processes 4 8 Appropriation of fines 4 9 Schedule 6—Parking infringements 4 10 Schedule 7—Traffic infringements 4 Part 4—Road Safety (Traffic Management) Regulations 2009 6 11 Definitions 6 Part 5—Road Safety (Vehicles) Regulations 2009 7 12 Definitions 7 13 Schedule 2—Vehicle Standards 7 ═════════════ Endnotes 9 -- 1 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2017 S.R. No. 42/2017 Road Safety Act 1986 Road Safety (Drivers), (General), (Traffic Management) and (Vehicles) Amendment (Road Rules) Regulations 2017 The Governor in Council makes the following Regulations: Dated: 6 June 2017 Responsible Minister: LUKE DONNELLAN Minister for Roads and Road Safety ANDREW ROBINSON Clerk of the Executive Council Part 1—Preliminary 1 Objective The objective of these Regulations is to make consequential amendments to the Road Safety (Drivers) Regulations 2009, the Road Safety (General) Regulations 2009, the Road Safety (Traffic Management) Regulations 2009 and the Road Safety (Vehicles) Regulations 2009 arising from the making of the Road Safety Road Rules 2017. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. -- 2 of 10 -- Part 1—Preliminary Road Safety (Drivers), (General), (Traffic Management) and (Vehicles) Amendment (Road Rules) Regulations 2017 S.R. No. 42/2017 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 1 July 2017. -- 3 of 10 -- Part 2—Road Safety (Drivers) Regulations 2009 Road Safety (Drivers), (General), (Traffic Management) and (Vehicles) Amendment (Road Rules) Regulations 2017 S.R. No. 42/2017 3 Authorised by the Chief Parliamentary Counsel Part 2—Road Safety (Drivers) Regulations 2009 4 Definitions In regulation 5(1) of the Road Safety (Drivers) Regulations 20091 in the definition of Road Rules, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017". 5 Schedule 3—Demerit points (1) In item 14 of the Table in Schedule 3 to the Road Safety (Drivers) Regulations 2009, for "265(3)" substitute "265(4)". (2) At the foot of the Table in Schedule 3 to the Road Safety (Drivers) Regulations 2009, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017". 6 Schedule 4—Offences which disqualify drivers from free 3 year full driver licence In Schedule 4 to the Road Safety (Drivers) Regulations 2009, after "Road Safety Road Rules 2009" insert "or Road Safety Road Rules 2017". -- 4 of 10 -- Part 3—Road Safety (General) Regulations 2009 Road Safety (Drivers), (General), (Traffic Management) and (Vehicles) Amendment (Road Rules) Regulations 2017 S.R. No. 42/2017 4 Authorised by the Chief Parliamentary Counsel Part 3—Road Safety (General) Regulations 2009 7 Offences detected by road safety cameras or prescribed processes In regulation 29 of the Road Safety (General) Regulations 20092 , for "Road Safety Road Rules 2009" (wherever occurring) substitute "Road Safety Road Rules 2017". 8 Appropriation of fines In regulation 84(c)(i)(A) of the Road Safety (General) Regulations 2009, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017". 9 Schedule 6—Parking infringements At the head of the Table in Schedule 6 to the Road Safety (General) Regulations 2009, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017". 10 Schedule 7—Traffic infringements (1) At the head of the Table in Schedule 7 to the Road Safety (General) Regulations 2009, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017". (2) In the Table in Schedule 7 to the Road Safety (General) Regulations 2009— (a) in item 24, for "and 79(1)" substitute ", 79(1), 79A(1), 79A(2), 79A(3) and 79A(4)"; (b) item 30 is revoked; -- 5 of 10 -- Part 3—Road Safety (General) Regulations 2009 Road Safety (Drivers), (General), (Traffic Management) and (Vehicles) Amendment (Road Rules) Regulations 2017 S.R. No. 42/2017 5 Authorised by the Chief Parliamentary Counsel (c) in item 68, for "Use handheld mobile phone while driving" substitute "Use of handheld mobile phone by full licence holder while driving"; (d) in item 78, for "Fail to wear properly fastened and adjusted seat-belt (driver)" substitute "Fail to wear properly adjusted and fastened approved seatbelt (driver)"; (e) in item 79, for "Fail to wear properly fastened and adjusted seat-belt (passenger)" substitute "Fail to wear properly adjusted and fastened approved seatbelt or occupying same seating position as another passenger (passenger 16 years or older)"; (f) in item 80, for "265(3)" substitute "265(4)"; (g) in item 150, for "213(2), (3), (4) and (5)" substitute "213(1)"; (h) item 159 is revoked; (i) in item 164 omit "motor"; (j) before item 255 insert— "254A 7393 Use of handheld mobile phone by rider of bicycle or person on wheeled recreational device or driver of vehicle that is not motor vehicle RR 300(1C) 3 penalty units". -- 6 of 10 -- Part 4—Road Safety (Traffic Management) Regulations 2009 Road Safety (Drivers), (General), (Traffic Management) and (Vehicles) Amendment (Road Rules) Regulations 2017 S.R. No. 42/2017 6 Authorised by the Chief Parliamentary Counsel Part 4—Road Safety (Traffic Management) Regulations 2009 11 Definitions In regulation 4 of the Road Safety (Traffic Management) Regulations 20093 in the definition of Road Rules, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017". -- 7 of 10 -- Part 5—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers), (General), (Traffic Management) and (Vehicles) Amendment (Road Rules) Regulations 2017 S.R. No. 42/2017 7 Authorised by the Chief Parliamentary Counsel Part 5—Road Safety (Vehicles) Regulations 2009 12 Definitions In regulation 5 of the Road Safety (Vehicles) Regulations 20094 in the definition of Road Rules, for "Road Safety Road Rules 2009" substitute "Road Safety Road Rules 2017". 13 Schedule 2—Vehicle Standards In clause 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for the definition of emergency vehicle substitute— "emergency vehicle means any of the following— (a) a vehicle operated by or on behalf of and under the control of— (i) an ambulance service created under section 23 of the Ambulance Services Act 1986 or listed in Schedule 1 to that Act; or (ii) an ambulance service created under a law in force in another State or in a Territory of the Commonwealth; (b) a vehicle operated as an ambulance by the Australian Defence Force; (c) a vehicle operated by or on behalf of and under the control of— (i) the Metropolitan Fire and Emergency Services Board established by section 6 of the Metropolitan Fire Brigades Act 1958; or -- 8 of 10 -- Part 5—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers), (General), (Traffic Management) and (Vehicles) Amendment (Road Rules) Regulations 2017 S.R. No. 42/2017 8 Authorised by the Chief Parliamentary Counsel (ii) the Country Fire Authority appointed under section 6 of the Country Fire Authority Act 1958; or (iii) a fire service established under a law in force in another State or in a Territory of the Commonwealth; (d) a fire service unit under the control of— (i) the Department of Environment, Land, Water and Planning; or (ii) the Australian Defence Force; (e) a vehicle under the control of the Emergency Management Commissioner; (f) a vehicle under the control of the Victoria State Emergency Service established by section 28 of the Victoria State Emergency Service Act 2005; (g) a vehicle being used to convey a member of the Australian Army engaged in connection with emergency ordnance disposal procedures; (h) a vehicle under the control of the Shepparton Search and Rescue Squad Inc. or the Echuca and Moama Search and Rescue Squad Inc.; (i) a vehicle under the control of Airservices Australia;". ═════════════ -- 9 of 10 -- Endnotes Road Safety (Drivers), (General), (Traffic Management) and (Vehicles) Amendment (Road Rules) Regulations 2017 S.R. No. 42/2017 9 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4: S.R. No. 95/2009. Reprint No. 2 as at 30 January 2015. Reprinted to S.R. No. 200/2014. Subsequently amended by S.R. Nos 79/2015, 84/2015, 135/2015, 159/2015, 24/2016, 50/2016 and 92/2016. 2 Reg. 7: S.R. No. 115/2009. Reprint No. 2 as at 30 January 2015. Reprinted to S.R. No. 199/2014. Subsequently amended by S.R. Nos 9/2015, 62/2015, 85/2015, 121/2015, 12/2016, 24/2016, 99/2016 and 100/2016. 3 Reg. 11: S.R. No. 129/2009 as amended by S.R. Nos 66/2011, 162/2012 and 85/2015. 4 Reg. 12: S.R. No. 118/2009. Reprint No. 2 as at 30 January 2015. Reprinted to S.R. No. 201/2014. Subsequently amended by S.R. Nos 79/2015, 118/2015, 159/2015, 50/2016 and 93/2016. -- 10 of 10 --