Road Safety (Drivers) (Demerit Points) Regulations 2003

Victorian Legislation and Parliamentary Documents i Road Safety (Drivers) (Demerit Points) Regulations 2003 S.R. No. 136/2003 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 2 3. Commencement 2 4. Principal Regulations 2 5. Revocation of regulation 218 2 6. Demerit points in respect of drink-driving offences 2 7. Revocation of Schedule 1 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2003 S.R. No. 136/2003 Road Safety Act 1986 Road Safety (Drivers) (Demerit Points) Regulations 2003 The Governor in Council makes the following Regulations: Dated: 18 November 2003 Responsible Minister: PETER BATCHELOR Minister for Transport SUDHA KASYNATHAN Acting Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to amend the Road Safety (Drivers) Regulations 1999 to— (a) clarify the circumstances in which a person incurs 10 demerit points in respect of a drink driving offence or drink driving infringement for which the person's driver licence or permit is not cancelled or suspended; (b) provide for the incurring of demerit points by persons who undertake diversion programs under section 128A of the Magistrates' Court Act 1989 in respect of certain alleged offences; (c) provide that the holder of a probationary driver licence incurs 3 demerit points in respect of an offence or traffic infringement for failing to display "P" plates; -- 2 of 6 -- Victorian Legislation and Parliamentary Documents S.R. No. 136/2003 Road Safety (Drivers) (Demerit Points) Regulations 2003 2 (d) revoke provisions that have become redundant. 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 December 2003. 4. Principal Regulations In these Regulations, the Road Safety (Drivers) Regulations 19991 are called the Principal Regulations. 5. Revocation of regulation 218 Regulation 218 of the Principal Regulations is revoked. 6. Demerit points in respect of drink-driving offences (1) In regulation 301 of the Principal Regulations— (a) in sub-regulation (1), the definition of "driver" is revoked; (b) in sub-regulation (1), in the definition of "relevant offence", after "Table 301" insert "in relation to the use of a motor vehicle"; (c) in sub-regulation (3), for "driver" (wherever occurring) substitute "person"; (d) in sub-regulation (3)(d), for "offence." substitute "offence; or"; (e) after sub-regulation (3)(d) insert— "(e) is a person in respect of whom a proceeding for a relevant offence is adjourned under section 128A(2) of the Magistrates' Court Act 1989.". r. 2 -- 3 of 6 -- Victorian Legislation and Parliamentary Documents S.R. No. 136/2003 Road Safety (Drivers) (Demerit Points) Regulations 2003 3 (2) After regulation 301(3) of the Principal Regulations insert— "(3A) If, but for this sub-regulation, demerit points would be recorded in respect of offences under section 49(1)(b) and section 49(1)(f) or (g) of the Act that occur in relation to the same period of driving or being in charge of a motor vehicle, demerit points may be recorded only in respect of one of those offences.". (3) In regulation 301 of the Principal Regulations— (a) in sub-regulation (4), for "driver" (wherever occurring) substitute "person"; (b) in sub-regulation (4)(c), for "1989." substitute "1989; or"; (c) after sub-regulation (4)(c) insert— "(d) has been charged but the proceeding in respect of that charge has been adjourned under section 128A(2) of the Magistrates' Court Act 1989.". (4) After regulation 301(6) of the Principal Regulations insert— "(6A) For the purposes of sub-regulation (6), if a proceeding for an offence is adjourned under section 128A(2) of the Magistrates' Court Act 1989, the offence is taken to have been committed on the day alleged in the charge for the offence.". (5) In regulation 301(7) of the Principal Regulations insert the following definition— ' "RS(D)R" means the Road Safety (Drivers) Regulations 1999;'. r. 6 -- 4 of 6 -- Victorian Legislation and Parliamentary Documents S.R. No. 136/2003 Road Safety (Drivers) (Demerit Points) Regulations 2003 4 (6) In regulation 301 of the Principal Regulations, for the first item of Table 301 substitute— "An offence under section 49(1)(b), (f) or (g) of the RSA, where section 50(1) or 50(1AB) of the RSA applies and the person's driver licence or permit has not been cancelled for the offence RSA 49 10 A drink-driving infringement and the person's driver licence or permit has not been cancelled by force of section 89C(1) of the RSA RSA 3, 49 10 ". (7) In regulation 301 of the Principal Regulations, after the last item of Table 301 insert— 'Failing to display "P" plates RS(D)R 217(1) 3 '. 7. Revocation of Schedule 1 Schedule 1 to the Principal Regulations is revoked. ═══════════════ r. 7 -- 5 of 6 -- Victorian Legislation and Parliamentary Documents S.R. No. 136/2003 Road Safety (Drivers) (Demerit Points) Regulations 2003 5 ENDNOTES 1 Reg. 4: S.R. No. 26/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 115/2002. Subsequently amended by S.R. No. 45/2003. Endnotes -- 6 of 6 --