Road Safety (Drivers) Amendment (Driver Licence) Regulations 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Road Safety (Drivers) Amendment (Driver Licence) Regulations 2015 S.R. No. 84/2015 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 Exemption for driver under assessment 2 7 New regulation 16A 3 8 Exceptions to exemption under regulation 17 3 9 Application for renewal of a driver licence 4 10 Restrictions affecting certain motor cycle riders 4 11 Corporation to record demerit points 5 12 Corporation to record demerit points for relevant interstate offences 5 13 Record of day on which offence was committed 5 14 Regulation 76 revoked 5 15 Notification of too many demerit points 5 16 New regulation 77A inserted 6 17 Variation, suspension or cancellation of driver licence or learner permit on the ground that the person is unfit to drive or that it is dangerous for the person to drive 6 18 Time for appeal 7 19 Appellant must give notice of appeal 7 20 Particulars of order to be given to Corporation 7 21 Appeals about demerit points 8 22 New regulations 89 and 90 inserted 8 ═══════════════ Endnotes 9 -- 1 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2015 S.R. No. 84/2015 Road Safety Act 1986 Road Safety (Drivers) Amendment (Driver Licence) Regulations 2015 The Governor in Council makes the following Regulations: Dated: 30 June 2015 Responsible Minister: LUKE DONNELLAN Minister for Roads and Road Safety YVETTE CARISBROOKE Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to amend the Road Safety (Drivers) Regulations 2009— (a) to exempt drivers of motor cycles from licensing requirements while they are undergoing an assessment; and (b) to prescribe circumstances where a person ceases to be exempt from the requirement to hold a Victorian driver licence or learner permit; and (c) to prescribe the period for which a person whose driver licence or learner permit is cancelled under section 27 of the Road Safety Act 1986 is disqualified from obtaining a new licence or permit; and -- 2 of 10 -- Road Safety (Drivers) Amendment (Driver Licence) Regulations 2015 S.R. No. 84/2015 2 Authorised by the Chief Parliamentary Counsel (d) to make consequential amendments following the enactment of Part 2 of the Road Legislation Amendment Act 2013 regarding demerit points. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3 Commencement (1) These Regulations, other than regulation 8(2), come into operation on 1 July 2015. (2) Regulation 8(2) comes into operation on 1 September 2015. 4 Principal Regulations In these Regulations, the Road Safety (Drivers) Regulations 20091 are called the Principal Regulations. 5 Definitions In regulation 5(1) of the Principal Regulations— (a) in the definition of Demerits Register, for "section 25(1)" substitute "section 35(1) and (2)"; (b) insert the following definition— "practical driving test means a test of a person driving a vehicle, conducted by the Corporation or a person authorised by the Corporation, for the purpose of assessing a person's driving skills;". 6 Exemption for driver under assessment (1) In the heading to regulation 16 of the Principal Regulations, after "driver" insert "of motor vehicle (other than a motor cycle)". -- 3 of 10 -- Road Safety (Drivers) Amendment (Driver Licence) Regulations 2015 S.R. No. 84/2015 3 Authorised by the Chief Parliamentary Counsel (2) In regulation 16(1)(b) of the Principal Regulations, after "motor vehicle" insert "other than a motor cycle". 7 New regulation 16A After regulation 16 of the Principal Regulations insert— "16A Exemption for driver of motor cycle under assessment (1) This regulation applies to a person who— (a) is driving a motor cycle; and (b) does not hold a driver licence or learner permit authorising the person to drive that motor cycle. (2) The person 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 the motor cycle if— (a) the person is driving the motor cycle for the purpose of having the person's driving skills assessed by the Corporation or a person authorised by the Corporation; and (b) the Corporation or a person authorised by the Corporation is conducting an assessment of the person's driving skills for the purposes of these Regulations.". 8 Exceptions to exemption under regulation 17 (1) After regulation 18(4) of the Principal Regulations insert— "(5) Any driver licence or learner permit held by a person issued in another jurisdiction or another country ceases to authorise that person to drive any category of motor -- 4 of 10 -- Road Safety (Drivers) Amendment (Driver Licence) Regulations 2015 S.R. No. 84/2015 4 Authorised by the Chief Parliamentary Counsel vehicle on a highway if the person is required by the Corporation under section 27(1A) of the Act to undergo a test and the person has refused or failed to undergo the test or has not passed the test. (6) For the purposes of subregulation (5), the person is disqualified from driving any category of motor vehicle on a highway until— (a) if the person refused or failed to undergo the test—that person undergoes and passes the test; or (b) if the person did not pass the test—that person undergoes a further test and passes the test; or (c) the Corporation decides to grant the person a driver licence or learner permit.". (2) After regulation 18(6) of the Principal Regulations insert— "(7) Any driver licence held by a person issued in another country ceases to authorise that person to drive any category of motor vehicle on a highway if the person applies for a driver licence or learner permit and fails a practical driving test for a driver licence or learner permit under the Act.". 9 Application for renewal of a driver licence In regulation 39(3)(a) of the Principal Regulations, after "cancelled" insert "and the person is not disqualified under regulation 78(2A)". 10 Restrictions affecting certain motor cycle riders (1) In regulation 58(6) of the Principal Regulations omit "driver" (where first occurring). -- 5 of 10 -- Road Safety (Drivers) Amendment (Driver Licence) Regulations 2015 S.R. No. 84/2015 5 Authorised by the Chief Parliamentary Counsel (2) In regulation 58(7)(a) of the Principal Regulations, for "AS/ANZ" substitute "AS/NZS". 11 Corporation to record demerit points In regulation 73(1) of the Principal Regulations, for "section 25(2)" substitute "section 35(3)". 12 Corporation to record demerit points for relevant interstate offences In regulation 73A(1) of the Principal Regulations, for "section 25(2)" substitute "section 35(3)". 13 Record of day on which offence was committed In regulation 74(1) of the Principal Regulations, for "section 25(2)" substitute "section 35(3)". 14 Regulation 76 revoked Regulation 76 of the Principal Regulations is revoked. 15 Notification of too many demerit points (1) In regulation 77(1) of the Principal Regulations— (a) for "section 25(3)" substitute "sections 36(2) and 46A(1)"; (b) in paragraph (c), for "offence; and" substitute "offence."; (c) paragraph (d) is revoked. (2) In regulation 77(2) of the Principal Regulations— (a) for "section 25(3B)(c)" substitute "section 40(2)(b) and (3)(b)"; (b) in paragraph (a), for "section 25(3)" substitute "section 36(1)". -- 6 of 10 -- Road Safety (Drivers) Amendment (Driver Licence) Regulations 2015 S.R. No. 84/2015 6 Authorised by the Chief Parliamentary Counsel 16 New regulation 77A inserted After regulation 77 of the Principal Regulations insert— "77A Cancellation of demerit points For the purposes of section 35(3)(c) of the Act the Corporation must cancel from the Demerits Register— (a) the appropriate number of demerit points against a person for a relevant event, if duly notified that the circumstances under regulation 73 or 73A no longer applies to the relevant event; or (b) all demerit points which have not been the subject of a demerit point option notice referred to in section 36 of the Act or a driving disqualification notice referred to in section 46A of the Act, after 4 years have elapsed since those demerit points were recorded on the Demerits Register.". 17 Variation, suspension or cancellation of driver licence or learner permit on the ground that the person is unfit to drive or that it is dangerous for the person to drive (1) In the heading to regulation 78 of the Principal Regulations— (a) for "that person" substitute "that the person"; (b) for "for person" substitute "for the person". -- 7 of 10 -- Road Safety (Drivers) Amendment (Driver Licence) Regulations 2015 S.R. No. 84/2015 7 Authorised by the Chief Parliamentary Counsel (2) After regulation 78(2) of the Principal Regulations insert— "(2A) A person who is the holder of a driver licence or learner permit that has been cancelled under subregulation (1) or (2) is disqualified from obtaining a driver licence or learner permit until— (a) if the person's driver licence or learner permit was cancelled under subregulation (1)—the person required by the Corporation under section 27 of the Act passes the test; or (b) if the person's driver licence or learner permit was cancelled under subregulation (2)—the Corporation believes, on the basis of results from another test required by the Corporation under section 27 of the Act or another report from a registered medical practitioner, that the grounds for cancellation under subregulation (2) no longer exist.". 18 Time for appeal In regulation 85(4) of the Principal Regulations, for "section 26AA" substitute "section 46H". 19 Appellant must give notice of appeal In regulation 86(1) of the Principal Regulations, for "or 26AA" substitute "or 46H". 20 Particulars of order to be given to Corporation In regulation 87(1) of the Principal Regulations for "or 26AA" substitute "or 46H". -- 8 of 10 -- Road Safety (Drivers) Amendment (Driver Licence) Regulations 2015 S.R. No. 84/2015 8 Authorised by the Chief Parliamentary Counsel 21 Appeals about demerit points (1) In regulation 88(1) of the Principal Regulations, for "section 26AA(3)" substitute "section 46H(3)". (2) In regulation 88(2) of the Principal Regulations, for "section 26AA(3)(b)" substitute "section 46I(3)(b)". 22 New regulations 89 and 90 inserted After regulation 88 of the Principal Regulations insert— "89 Application for stay of demerit point suspension or disqualification A person who applies to the Magistrates' Court under section 46I of the Act must— (a) give written notice of the application to a registrar of the Magistrates' Court, asking the registrar to endorse a copy of the application with the date on which the application is to be heard; and (b) serve on the Corporation the endorsed copy of the notice, not less than 14 days before the hearing date. 90 Particulars of order for a stay to be given to Corporation The Magistrates' Court must cause particulars of an order made on an application under section 46I of the Act to be given immediately to the Corporation.". ═══════════════ -- 9 of 10 -- Endnotes Road Safety (Drivers) Amendment (Driver Licence) Regulations 2015 S.R. No. 84/2015 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. -- 10 of 10 --