Road Safety (Drivers) Amendment (Repeat Speeders Trial) Regulations 2010

i Road Safety (Drivers) Amendment (Repeat Speeders Trial) Regulations 2010 S.R. No. 28/2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 2 4 Principal Regulations 2 5 New regulation 77A inserted 2 77A Cancellation of certain demerit points 2 6 Revocation of regulation 77A 3 7 Amendment of Schedule 3 3 8 Statute law revision 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 2010 S.R. No. 28/2010 Road Safety Act 1986 Road Safety (Drivers) Amendment (Repeat Speeders Trial) Regulations 2010 The Governor in Council makes the following Regulations: Dated: 18 May 2010 Responsible Minister: TIM PALLAS Minister for Roads and Ports TOBY HALLIGAN Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Road Safety (Drivers) Regulations 2009— (a) to provide for the cancellation of some demerit points for drivers who successfully participate in a trial called the Repeat Speeders Trial to be conducted by the Corporation; and (b) to amend a reference in Schedule 3 to identify an offence in respect of which demerit points are incurred; and (c) to make minor amendments of a statute law revision nature. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. -- 2 of 6 -- S.R. No. 28/2010 Road Safety (Drivers) Amendment (Repeat Speeders Trial) Regulations 2010 2 3 Commencement (1) These Regulations (other than regulation 6) come into operation on the day on which they are made. (2) Regulation 6 comes into operation on 31 December 2013. 4 Principal Regulations In these Regulations, the Road Safety (Drivers) Regulations 2009 1 are called the Principal Regulations. 5 New regulation 77A inserted In Division 1 of Part 3 of the Principal Regulations, after regulation 77 insert— "77A Cancellation of certain demerit points (1) In this regulation— the Repeat Speeders Trial means the trial conducted by the Corporation between 25 May 2010 and 31 December 2011 consisting of— (a) the Intelligent Speed Assist sub- trial in which each participant must use a data-logger supplied by the Corporation which records all speeds driven by the participant and may use an in-vehicle device supplied by the Corporation which provides alerts when the participant exceeds the relevant speed limit; and (b) the Behavioural Intervention Program sub-trial in which each participant must attend a behavioural program designed to help the participant reflect on, and r. 3 -- 3 of 6 -- S.R. No. 28/2010 Road Safety (Drivers) Amendment (Repeat Speeders Trial) Regulations 2010 3 develop strategies to reduce, his or her speeding behaviour. (2) The Corporation must cancel 3 demerit points recorded in the Demerits Register against a person if — (a) a conviction or finding of guilt has not been recorded or made against the person in respect of the offence for which the demerit points were recorded; and (b) the person has participated in the Repeat Speeders Trial and completed it to the satisfaction of the Corporation; and (c) during the Repeat Speeders Trial, the person— (i) has not committed an offence resulting in the cancellation or suspension of his or her driver licence; and (ii) has not been served with a demerit point option notice under section 25 of the Act; and (d) the person has not been assigned to the control group in a sub-trial.". 6 Revocation of regulation 77A Regulation 77A of the Principal Regulations is revoked. 7 Amendment of Schedule 3 In item 27 of Schedule 3 to the Principal Regulations, for "RS(D)R 55" substitute "RS(D)R 55(1)". r. 6 -- 4 of 6 -- S.R. No. 28/2010 Road Safety (Drivers) Amendment (Repeat Speeders Trial) Regulations 2010 4 8 Statute law revision (1) In regulation 5 of the Principal Regulations, for "In these regulations—" substitute "In these Regulations—". (2) In regulations 73(1)(f), 74(2) and 75(1)(d) of the Principal Regulations, for "section 128A(2) of the Magistrates' Court Act 1989" substitute "section 59(2) of the Criminal Procedure Act 2009". (3) The penalty at the foot of regulation 105(2) of the Principal Regulations is revoked. ═══════════════ r. 8 -- 5 of 6 -- S.R. No. 28/2010 Road Safety (Drivers) Amendment (Repeat Speeders Trial) Regulations 2010 5 ENDNOTES 1 Reg. 4: S.R. No. 95/2009 as amended by S.R. No. 138/2009. Endnotes -- 6 of 6 --