Road Safety (General) (Infringement Trial Amendments) Regulations 2008

Road Safety (General) (Infringement Trial Amendments) Regulations 2008 S.R. No. 77/2008 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Definitions 2 5 Prescribed traffic infringements 2 ═══════════════ ENDNOTES 4 i -- 1 of 5 -- STATUTORY RULES 2008 S.R. No. 77/2008 Road Safety Act 1986 Road Safety (General) (Infringement Trial Amendments) Regulations 2008 The Administrator of the State of Victoria as the Governor's deputy with the advice of the Executive Council, makes the following Regulations: Dated: 24 June 2008 Responsible Minister: TIM PALLAS Minister for Roads and Ports RYAN HEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Road Safety (General) Regulations 1999 to provide for a trial period of enforcement for the offence of careless driving by infringement notice. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3 Commencement These Regulations come into operation on 1 July 2008. 1 -- 2 of 5 -- S.R. No. 77/2008 Road Safety (General) (Infringement Trial Amendments) Regulations 2008 r. 4 4 Definitions In regulation 105 of the Road Safety (General) Regulations 19991, for paragraph (b) of the definition of infringement penalty substitute— "(b) in relation to a traffic infringement— (i) subject to paragraph (ii), the amount prescribed in Schedule 4 for the purposes of section 88(5) of the Act as the penalty for the traffic infringement to which the traffic infringement notice relates; or (ii) in the case of a traffic infringement prescribed in regulation 601(1A), the amount prescribed in regulation 601(1B);". 5 Prescribed traffic infringements After regulation 601(1) of the Road Safety (General) Regulations 1999 insert— '(1A) For the purposes of the definition of traffic infringement in section 3(1) of the Act and for the purposes of section 88(1), an offence against section 65 of the Act is a traffic infringement of a kind prescribed for Part 7 of the Act in the case where the offence is alleged to have been committed by a person who is the holder of a full driver licence. (1B) For the purposes of section 88(5) of the Act, the infringement penalty for a traffic infringement prescribed in subregulation (1A) is 2⋅4 penalty units. (1C) A traffic infringement prescribed in regulation 601(1A) may be described in a traffic infringement notice as "Careless driving committed by the holder of a full driver licence". 2 -- 3 of 5 -- S.R. No. 77/2008 Road Safety (General) (Infringement Trial Amendments) Regulations 2008 r. 5 (1D) A traffic infringement prescribed in regulation (1A) may be referenced by the code 2570.'. ═══════════════ 3 -- 4 of 5 -- S.R. No. 77/2008 Road Safety (General) (Infringement Trial Amendments) Regulations 2008 Endnotes ENDNOTES 1 Reg. 4: S.R. No. 27/1999. Reprint No. 3 as at 1 July 2006. Reprinted to S.R. No. 82/2006. Subsequently amended by S.R. Nos 158/2006, 175/2006, 71/2007, 73/2007, 153/2007, 155/2007, 156/2007, 2/2008 and 26/2008. 4 -- 5 of 5 --