Road Safety (Drivers), (General) and (Vehicles) Amendment Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Road Safety (Drivers), (General) and (Vehicles) Amendment Regulations 2014 S.R. No. 199/2014 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 PART 2—ROAD SAFETY (DRIVERS) REGULATIONS 2009 3 4 Regulation 66 substituted 3 66 Information to be recorded by Corporation 3 5 Verification of records 4 6 Other grounds for variation, suspension or cancellation of driver licence or learner permit 4 7 Procedure for variation, suspension or cancellation of driver licence or learner permit 5 PART 3—ROAD SAFETY (GENERAL) REGULATIONS 2009 6 8 Schedule 7—Traffic Infringements 6 PART 4—ROAD SAFETY (VEHICLES) REGULATIONS 2009 7 9 Notice of cancellation of registration number rights 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 199/2014 Road Safety Act 1986 Road Safety (Drivers), (General) and (Vehicles) Amendment Regulations 2014 The Governor in Council makes the following Regulations: Dated: 29 October 2014 Responsible Minister: TERRY MULDER Minister for Roads YVETTE CARISBROOKE Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are— (a) to amend the Road Safety (Drivers) Regulations 2009— (i) to prescribe the information that may be recorded in a record of a person driving a motor vehicle following the enactment of the Road Legislation Amendment Act 2013; and (ii) to provide for the suspension or cancellation of a driver licence or a learner permit in certain circumstances; and -- 2 of 9 -- Part 1—Preliminary Road Safety (Drivers), (General) and (Vehicles) Amendment Regulations 2014 S.R. No. 199/2014 2 Authorised by the Chief Parliamentary Counsel (b) to amend the Road Safety (General) Regulations 2009 to prescribe the offence against section 18A(2) of the Road Safety Act 1986 to be an infringement offence within the meaning of the Infringements Act 2006 and the infringement penalty payable for the offence; and (c) to make a consequential amendment to the Road Safety (Vehicles) Regulations 2009 following the enactment of the Road Legislation Amendment Act 2013. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3 Commencement (1) These Regulations (except regulation 8) come into operation on 1 November 2014. (2) Regulation 8 comes into operation on 1 March 2015. __________________ r. 2 -- 3 of 9 -- Part 2—Road Safety (Drivers) Regulations 2009 Road Safety (Drivers), (General) and (Vehicles) Amendment Regulations 2014 S.R. No. 199/2014 3 Authorised by the Chief Parliamentary Counsel PART 2—ROAD SAFETY (DRIVERS) REGULATIONS 2009 4 Regulation 66 substituted For regulation 66 of the Road Safety (Drivers) Regulations 2009 1 substitute— "66 Information to be recorded by Corporation (1) For the purposes of section 16G(3) of the Act the following information is prescribed— (a) an identification number; (b) the gender of a person; (c) personal particulars; (d) a person's title; (e) a person's address for service of notices if this is different from the person's residential address; (f) if a person holds a driver licence or a learner permit issued under the Act or in another jurisdiction or country, any information contained in the driver licence or the learner permit, including— (i) the driver licence or the learner permit number; (ii) the category or categories of the driver licence or the learner permit; (iii) the commencement date of the driver licence or the learner permit; (iv) the expiry date of the driver licence or the learner permit; r. 4 -- 4 of 9 -- Part 2—Road Safety (Drivers) Regulations 2009 Road Safety (Drivers), (General) and (Vehicles) Amendment Regulations 2014 S.R. No. 199/2014 4 Authorised by the Chief Parliamentary Counsel (v) any condition to which the driver licence or the learner permit is subject; (vi) any period for which the driver licence is probationary. (2) Any person in respect of whom the Corporation has created a record that records information referred to under subregulation (1) is entitled, on payment of the relevant fee payable under regulation 111(1), to request a search of the records and to obtain a certificate as to any matter appearing in the records in relation to him or her.". 5 Verification of records In regulation 69(1) of the Road Safety (Drivers) Regulations 2009, for "information contained in a record" substitute "a record containing information referred to". 6 Other grounds for variation, suspension or cancellation of driver licence or learner permit For regulation 79(2) of the Road Safety (Drivers) Regulations 2009 substitute— "(2) The Corporation must suspend a person's driver licence or learner permit, on receiving notice from another jurisdiction that a person is disqualified for a period from driving in that jurisdiction, for the same period. (3) The Corporation must cancel a person's driver licence or learner permit, on receiving notice from another jurisdiction that a person's driver licence or learner permit in that jurisdiction has been cancelled because of a judgment, order or decision made under, or otherwise by operation of, the law of that jurisdiction.". r. 5 -- 5 of 9 -- Part 2—Road Safety (Drivers) Regulations 2009 Road Safety (Drivers), (General) and (Vehicles) Amendment Regulations 2014 S.R. No. 199/2014 5 Authorised by the Chief Parliamentary Counsel 7 Procedure for variation, suspension or cancellation of driver licence or learner permit In regulation 80(1) of the Road Safety (Drivers) Regulations 2009, for "regulation 78 or 79" substitute "regulation 78 or 79(1)". __________________ r. 7 -- 6 of 9 -- Part 3—Road Safety (General) Regulations 2009 Road Safety (Drivers), (General) and (Vehicles) Amendment Regulations 2014 S.R. No. 199/2014 6 Authorised by the Chief Parliamentary Counsel PART 3—ROAD SAFETY (GENERAL) REGULATIONS 2009 8 Schedule 7—Traffic Infringements After item 109 of Schedule 7 to the Road Safety (General) Regulations 20092 insert— "109A 2576 Producing non-Victorian licence or permit that does not authorise driving a motor vehicle RSA 18A(2) 2 penalty units". __________________ r. 8 -- 7 of 9 -- Part 4—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers), (General) and (Vehicles) Amendment Regulations 2014 S.R. No. 199/2014 7 Authorised by the Chief Parliamentary Counsel PART 4—ROAD SAFETY (VEHICLES) REGULATIONS 2009 9 Notice of cancellation of registration number rights In regulation 61(1) of the Road Safety (Vehicles) Regulations 2009 3 omit "because of the operation of section 5AD(2)(f) of the Act, or". ═══════════════ r. 9 -- 8 of 9 -- Road Safety (Drivers), (General) and (Vehicles) Amendment Regulations 2014 S.R. No. 199/2014 8 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 95/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 86/2013. Subsequently amended by S.R. Nos 28/2010, 135/2013, 150/2013, 153/2013, 174/2013, 175/2013, 27/2014, 46/2014, 84/2014, 85/2014, 143/2014, 144/2014 and 145/2014. 2 Reg. 8: S.R. No. 115/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 84/2012. Subsequently amended by S.R. Nos 118/2013, 135/2013, 150/2013, 153/2013, 67/2014, 143/2014, 144/2014 and 145/2014. 3 Reg. 9: S.R. No. 118/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 87/2013. Subsequently amended by S.R. Nos 133/2013, 150/2013, 153/2013, 176/2013, 23/2014, 46/2014 and 85/2014. Endnotes -- 9 of 9 --