Road Safety (Drivers) Amendment (Probationary Driver Licences and Other Matters) Regulations 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Road Safety (Drivers) Amendment (Probationary Driver Licences and Other Matters) Regulations 2013 S.R. No. 175/2013 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 2 3 Principal Regulations 2 4 Definitions 2 5 Exceptions to exemption under regulation 17 3 6 Extension of probationary driver licence 3 7 Variation of P2 probationary driver licence to P1 probationary driver licence 3 8 Variation of full driver licence to P2 probationary driver licence 3 9 Passenger restriction for probationary drivers 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 175/2013 Road Safety Act 1986 Road Safety (Drivers) Amendment (Probationary Driver Licences and Other Matters) Regulations 2013 The Governor in Council makes the following Regulations: Dated: 17 December 2013 Responsible Minister: TERRY MULDER Minister for Roads YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Road Safety (Drivers) Regulations 2009 to— (a) modify, in limited circumstances, how the suspension of a driver licence will affect— (i) the duration of the P1 probationary period or the P2 probationary period of a probationary driver licence; and (ii) whether a P2 probationary driver licence must be varied to a P1 probationary driver licence; and (iii) whether a full driver licence must be varied to a P2 probationary driver licence; and -- 2 of 6 -- S.R. No. 175/2013 Road Safety (Drivers) Amendment (Probationary Driver Licences and Other Matters) Regulations 2013 2 Authorised by the Chief Parliamentary Counsel (iv) whether a condition must be imposed on a P1 probationary driver licence prohibiting the licence holder from driving a motor vehicle while carrying more than one other person for the remainder of the P1 probationary period; and (b) clarify that a person who is disqualified from driving a motor vehicle in Victoria cannot purport to drive in Victoria under the authority of a driver licence or learner permit issued outside of Victoria; and (c) clarify that a reference in the Road Safety (Drivers) Regulations 2009 to a person disqualified from driving includes a person who is disqualified from obtaining a driver licence or learner permit. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3 Principal Regulations In these Regulations, the Road Safety (Drivers) Regulations 2009 1 are called the Principal Regulations. 4 Definitions At the end of regulation 5 of the Principal Regulations insert— "(2) For the avoidance of doubt, in these Regulations, a reference to a person disqualified from driving in a particular jurisdiction includes a person who is disqualified from obtaining a driver licence or learner permit in that jurisdiction.". r. 2 -- 3 of 6 -- S.R. No. 175/2013 Road Safety (Drivers) Amendment (Probationary Driver Licences and Other Matters) Regulations 2013 3 Authorised by the Chief Parliamentary Counsel 5 Exceptions to exemption under regulation 17 In regulation 18(1)(c) of the Principal Regulations, after "in" insert "Victoria or in". 6 Extension of probationary driver licence (1) In regulation 52(3)(a) of the Principal Regulations, for "or 51" substitute ", 51 or 84BN(2)". (2) In regulation 52(3)(b) of the Principal Regulations, for "regulation 79—" substitute "regulation 79; or". (3) After regulation 52(3)(b) of the Principal Regulations insert— "(c) section 89A of the Sentencing Act 1991—". 7 Variation of P2 probationary driver licence to P1 probationary driver licence For regulation 53(3) of the Principal Regulations substitute— "(3) A reference in subregulation (1)(b)(i) to a licence that is suspended for an offence does not include a licence suspended in the circumstances referred to in regulation 52(3).". 8 Variation of full driver licence to P2 probationary driver licence For regulation 54(3) of the Principal Regulations substitute— "(3) A reference in subregulation (1)(b)(i) to a licence that is suspended for an offence does not include a licence suspended in the circumstances referred to in regulation 52(3).". r. 5 -- 4 of 6 -- S.R. No. 175/2013 Road Safety (Drivers) Amendment (Probationary Driver Licences and Other Matters) Regulations 2013 4 Authorised by the Chief Parliamentary Counsel 9 Passenger restriction for probationary drivers For regulation 60(4) of the Principal Regulations substitute— "(4) A reference in subregulation (1) to a licence that is suspended for an offence does not include a licence suspended in the circumstances referred to in regulation 52(3).". ═══════════════ r. 9 -- 5 of 6 -- S.R. No. 175/2013 Road Safety (Drivers) Amendment (Probationary Driver Licences and Other Matters) Regulations 2013 5 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 3: 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, 23/2013, 59/2013 and 135/2013. Endnotes -- 6 of 6 --