Road Safety (Amendment) Act 2003
Victorian Legislation and Parliamentary Documents
i
Road Safety (Amendment) Act 2003
Act No. 94/2003
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purpose 1
2. Commencement 3
3. Principal Act 3
PART 2—AMENDMENT OF ROAD SAFETY ACT 1986 4
Division 1—Written-off Vehicles 4
4. Definitions 4
5. When is a vehicle written off? 6
6. Register of written-off vehicles 7
7. Appeals regarding written-off vehicle registration 7
Division 2—Drink Driving Provisions 9
8. Breath alcohol analysis 9
9. Amendment of unproclaimed amending provision 15
10. Future amendments 15
11. Requirement to stop at preliminary breath testing station 15
12. Requirement to provide blood sample 16
13. Service of certificates 16
14. Proof of authority to operate breath analysing instrument 17
15. PERIN 18
Division 3—"Owner Onus" Provisions 18
16. Offences detected by a photographic detection device 18
17. Liability of owner for parking infringement 19
Division 4—Point to Point Camera System 21
18. Owner-onus offences 21
19. New sections 78 and 78A inserted 21
78. Average speed evidence of actual speed in certain
circumstances 21
78A. Evidence of road distance 22
20. General evidentiary provisions 22
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21. New section 84B inserted 22
84B. Surveillance Devices Act 1999 22
22. Regulations 23
Division 5—Heavy Vehicles 23
23. Identification of uniformed police officers during inspection
or search 23
24. Subject-matter for Regulations 24
Division 6—Calculation of Demerit Points 25
25. Demerits Register 25
Division 7—Transitional Provisions 26
26. New section 103D inserted 26
103D. Application of amendments made by the Road
Safety (Amendment) Act 2003 26
Division 8—Minor Amendments 27
27. Minor amendments 27
PART 3—AMENDMENT OF TRANSPORT ACT 1983 28
28. Breath alcohol analysis 28
29. Future amendments 29
30. Requirement to provide blood sample 30
31. Service of certificates under section 98 30
32. Proof of authority to operate breath analysing instrument 31
33. PERIN 31
PART 4—AMENDMENT OF MARINE ACT 1988 32
34. Breath alcohol analysis 32
35. Future amendments 34
36. Requirement to provide blood sample 35
37. Service of certificates under section 32 35
38. Proof of authority to operate breath analysing instrument 35
39. PERIN 36
PART 5—AMENDMENT OF OTHER ACTS 37
40. Amendment of Accident Compensation Act 1985 37
41. Amendment of Transport Accident Act 1986 37
42. Tolling system not surveillance device 38
43. Offences detected by prescribed tolling device 38
44. New section 120 inserted 39
120. Application of amendments made by the Road
Safety (Amendment) Act 2003 39
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PART 6—CONSEQUENTIAL AMENDMENTS 40
45. Magistrates' Court Act 1989 40
═══════════════
ENDNOTES 41
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Road Safety (Amendment) Act 2003†
[Assented to 25 November 2003]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
(1) The main purpose of this Act is to amend the
Road Safety Act 1986 so as—
(a) to change how a vehicle may become
registered as a written-off vehicle and who
has standing to appeal against a written-off
vehicle registration;
Victoria
No. 94 of 2003
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(b) to amend the drink driving provisions to
allow breath analysing instruments to
measure the concentration of alcohol in
breath instead of blood, to facilitate the proof
of authority to operate such instruments and
expand the means by which certain
certificates may be served;
(c) to enable a chain of nominations of the
actual driver to be made under the "owner
onus" provisions relating to camera detected
traffic offences and parking infringements
and include trailers in the coverage of
camera detected traffic offences;
(d) to facilitate the use of point to point camera
systems for the detection and prosecution of
offences under the Act;
(e) to require uniformed police officers to
identify themselves when exercising powers
of inspection or searches concerning heavy
vehicles and widen the regulation-making
powers with respect to speeding heavy
vehicles;
(f) to clarify the operation of the demerit points
provisions in relation to drivers who hold, or
have held, a full driver licence.
(2) This Act also makes amendments to the
Transport Act 1983, the Marine Act 1988, the
Accident Compensation Act 1985, the
Transport Accident Act 1986 and the
Melbourne City Link Act 1995 corresponding to
certain amendments made to the Road Safety Act
1986 by this Act.
s. 1
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2. Commencement
(1) This Part and Part 2 (except sections 7 and 10),
Part 3 (except section 29), Part 4 (except
section 35) and Part 5 come into operation on the
day after the day on which this Act receives the
Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision of this Act does not come into
operation before 1 January 2005, it comes into
operation on that day.
3. Principal Act
In this Act, the Road Safety Act 1986 is called
the Principal Act.
__________________
s. 2
See:
Act No.
127/1986.
Reprint No. 7
as at
19 June 2002
and
amending
Act Nos
46/2002 and
44/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
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PART 2—AMENDMENT OF ROAD SAFETY ACT 1986
Division 1—Written-off Vehicles
4. Definitions
(1) In section 16B of the Principal Act—
(a) insert the following definitions—
' "corresponding category" means a
specified category of written-off
vehicle on an interstate written-off
vehicles register that the Governor in
Council by Order published in the
Government Gazette declares to be a
category that corresponds to a specified
category of written-off vehicle under
this Division;
"domestic partner" of a person means an
adult person to whom the person is not
married but with whom the person is in
a relationship as a couple where one or
each of them provides personal or
financial commitment and support of a
domestic nature for the material benefit
of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
domestic support and personal care to
the person—
(a) for fee or reward; or
(b) on behalf of another person or an
organisation (including a
government or government
agency, a body corporate or a
s. 4
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charitable or benevolent
organisation);';
(b) for the definition of "repairable write-off"
substitute—
' "repairable write-off" means a written-off
vehicle that—
(a) is not a statutory write-off; or
(b) is entered on an interstate written-
off vehicles register in a
corresponding category to
repairable write-off under this
Division;';
(c) in the definition of "statutory write-off"—
(i) at the end of paragraph (f) insert "or";
(ii) after the Examples at the foot of
paragraph (f) insert—
"(g) entered on an interstate written-off
vehicles register in a
corresponding category to
statutory write-off under this
Division;".
(2) At the end of section 16B of the Principal Act
insert—
'(2) The Governor in Council may, by Order
published in the Government Gazette,
declare that a specified category of written-
off vehicle on an interstate written-off
vehicles register corresponds to a specified
category of written-off vehicle under this
Division.
s. 4
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(3) The Chief Commissioner of Police may
authorise in writing for the purposes of
section 16D(4) a specified member or
members of the police force.
(4) For the purposes of the definition of
"domestic partner" in sub-section (1)—
(a) in determining whether persons are
domestic partners of each other, all the
circumstances of their relationship are
to be taken into account, including any
one or more of the matters referred to in
section 275(2) of the Property Law
Act 1958 as may be relevant in a
particular case;
(b) a person is not a domestic partner of
another person only because they are
co-tenants.'.
5. When is a vehicle written off?
(1) In section 16C(1)(b) of the Principal Act, for "the
insurer or self-insurer of the vehicle or, if there is
no insurer or self-insurer, the registered operator
of the vehicle" substitute "an insurer (whether or
not the insurer of the vehicle) or the self-insurer of
the vehicle or, if there is no insurer or self-insurer
of the vehicle, the registered operator of the
vehicle or, if the registration of the vehicle has
been cancelled, the person who was the registered
operator of the vehicle immediately before that
cancellation".
(2) After section 16C(1) of the Principal Act insert—
"(1A) For the purposes of this Division, a motor
vehicle is also written off if it is entered on
an interstate written-off vehicles register.".
s. 5
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(3) After section 16C(5) of the Principal Act insert—
"(6) An insurer or self-insurer, in making a
determination under sub-section (1)(b), may
determine that the vehicle is a statutory
write-off or a repairable write-off.".
6. Register of written-off vehicles
(1) After section 16D(2) of the Principal Act insert—
"(2A) In entering a vehicle on the register of
written-off vehicles, the Corporation is
entitled to rely on a determination made by
an insurer or self-insurer under section
16C(1)(b) that a written-off vehicle is a
statutory write-off or a repairable write-off
and is not required to make any enquiries of
its own in relation to the matter before
entering the vehicle on the register as such.".
(2) After section 16D(3) of the Principal Act insert—
"(4) If—
(a) a vehicle is entered on the register of
written-off vehicles as a repairable
write-off; and
(b) a member of the police force authorised
by the Chief Commissioner of Police
for the purposes of this sub-section
notifies the Corporation in writing that
the entry of the vehicle on the register
should be as a statutory write-off—
the Corporation must amend the entry
accordingly.".
7. Appeals regarding written-off vehicle registration
(1) In section 16E(1)(b) of the Principal Act, for
"refuse to amend" substitute "amend, or refuse to
amend,".
s. 6
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(2) For section 16E(2) of the Principal Act
substitute—
"(2) An appeal may be made under sub-
section (1) by—
(a) a person who notified the Corporation
that the vehicle was a written-off
vehicle; or
(b) the person who was the registered
operator of the vehicle when it became
a written-off vehicle or, if the
registration of the vehicle was then
cancelled, immediately before that
cancellation; or
(c) a person who was the spouse or a
domestic partner of a person referred to
in paragraph (a) or (b) when the
notification was made or the vehicle
became a written-off vehicle (as the
case requires).
(2A) A person may only appeal on one or more of
the following grounds—
(a) in the case of an appeal against an
amendment of an entry made under
section 16D(4), that the vehicle was not
a statutory write-off when the
amendment was made;
(b) in the case of an appeal against any
other amendment of, or against a
refusal to amend, an entry, that the
vehicle did not satisfy the criteria for
the category of written-off vehicle
under which it was registered when it
was entered on the register;
s. 7
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(c) in the case of an appeal against a
refusal to remove an entry, that the
vehicle was not a written-off vehicle
when it was entered on the register.".
(3) In section 16E(3)(a) of the Principal Act, for
"refusal" substitute "decision".
Division 2—Drink Driving Provisions
8. Breath alcohol analysis
(1) In section 3(1) of the Principal Act—
(a) in paragraph (b) of the definition of "breath
analysing instrument" after "blood" insert
"or breath";
(b) for paragraph (a) of the definition of "drink-
driving infringement" substitute—
"(a) the concentration of alcohol—
(i) in the blood of the person is less
than 0⋅15 grams per 100 millilitres
of blood; or
(ii) in the breath of the person is less
than 0⋅15 grams per 210 litres of
exhaled air—
as the case requires; and";
(c) for paragraph (b) of the definition of
"prescribed concentration of alcohol"
substitute—
"(b) in the case of any other person—
(i) a concentration of alcohol present
in the blood of that person of
0⋅05 grams per 100 millilitres of
blood; or
s. 8
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(ii) a concentration of alcohol present
in the breath of that person of
0⋅05 grams per 210 litres of
exhaled air;".
(2) In section 47(c) of the Principal Act, after "blood"
insert "or breath".
(3) In section 48(1)(a) of the Principal Act—
(a) after "blood" (where first occurring) insert
"or breath";
(b) after "blood" (where secondly occurring)
insert "or breath (as the case requires)".
(4) In section 48(1A) of the Principal Act, after
"blood" (where first occurring) insert "or breath".
(5) In section 49(1)(b) of the Principal Act, after
"blood" insert "or breath".
(6) In section 49(1)(f) of the Principal Act, after
"blood" (where twice occurring) insert "or
breath".
(7) In section 49(7)(a) of the Principal Act, after
"blood" insert "or breath".
(8) For section 50(1)(a) of the Principal Act
substitute—
"(a) the concentration of alcohol—
(i) in the blood of that person was less than
0⋅05 grams per 100 millilitres of blood;
or
(ii) in the breath of that person was less
than 0⋅05 grams per 210 litres of
exhaled air—
as the case requires; and".
(9) In section 50(1A) of the Principal Act, after
"blood" (where twice occurring) insert "or
breath".
s. 8
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(10) In section 50(1AB) of the Principal Act—
(a) after "the blood" insert "or breath";
(b) after "of blood" (where twice occurring)
insert "or 210 litres of exhaled air (as the
case requires)".
(11) For section 50(3)(b) of the Principal Act
substitute—
"(b) the concentration of alcohol—
(i) in the blood of that person was less than
0⋅10 grams per 100 millilitres of blood;
or
(ii) in the breath of that person was less
than 0⋅10 grams per 210 litres of
exhaled air—
as the case requires; and".
(12) For section 50(4A)(a)(i) of the Principal Act
substitute—
"(i) a first offence and the level of concentration
of alcohol—
(A) in that person's blood was 0⋅15 grams
or more per 100 millilitres of blood; or
(B) in that person's breath was 0⋅15 grams
or more per 210 litres of exhaled air—
as the case requires; or".
(13) For section 50AAA(2)(b) of the Principal Act
substitute—
"(b) in the case of an offence under section
49(1)(b), (f) or (g), the concentration of
alcohol—
(i) in the person's blood at the relevant
time was 0⋅15 grams or more per
100 millilitres of blood; or
s. 8
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(ii) in the person's breath at the relevant
time was 0⋅15 grams or more per
210 litres of exhaled air—
as the case requires—".
(14) For section 50AAB(3)(a)(ii) of the Principal Act
substitute—
"(ii) in the case of an offence under section
49(1)(b), (f) or (g), the concentration of
alcohol—
(A) in the person's blood at the relevant
time was less than 0⋅15 grams per
100 millilitres of blood; or
(B) in the person's breath at the relevant
time was less than 0⋅15 grams per
210 litres of exhaled air—
as the case requires; or".
(15) In section 50A(1) of the Principal Act—
(a) after "blood" (where first occurring) insert
"or breath (as the case requires)";
(b) after "blood" (where secondly occurring)
insert "or 210 litres of exhaled air (as the
case requires)".
(16) In section 51(1)(a) of the Principal Act—
(a) after "blood" (where first occurring) insert
"or breath (as the case requires)";
(b) for sub-paragraphs (i) and (ii) substitute—
"(i) if the person holds a full driver
licence—
(A) 0⋅15 grams or more per
100 millilitres of blood; or
(B) 0⋅15 grams or more per 210 litres
of exhaled air; or
s. 8
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(ii) if the person holds a learner permit or
probationary driver licence—
(A) 0⋅07 grams or more per
100 millilitres of blood; or
(B) 0⋅07 grams or more per 210 litres
of exhaled air; or".
(17) In section 51(1B) of the Principal Act—
(a) in paragraph (b), after "person's" (where first
occurring) insert "breath or";
(b) in paragraph (c)(i) and (ii) for "per
100 millilitres of blood or more" substitute
"or more per 210 litres of exhaled air or
100 millilitres of blood (as the case
requires)".
(18) In section 51(3)(b)(ii) of the Principal Act, before
"blood" insert "breath or".
(19) Insert the following heading to section 52 of the
Principal Act—
"Zero blood or breath alcohol".
(20) In section 52(2) of the Principal Act, after "blood"
insert "or breath".
(21) In section 55(1)(a) of the Principal Act, after
"blood" insert "or breath".
(22) In section 55(2A) of the Principal Act, after
"blood" insert "or 210 litres of exhaled air".
(23) In section 55(4) of the Principal Act, after "blood"
insert "or breath".
(24) In section 55(9A)(b) and (14) of the Principal Act,
after "blood" insert "or 210 litres of exhaled air".
(25) In section 58(1) and (2) of the Principal Act, after
"blood" (wherever occurring) insert "or breath".
s. 8
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(26) In section 58A(1) of the Principal Act—
(a) before "blood" (where first occurring) insert
"breath or";
(b) after "per" insert "210 litres of exhaled air
or";
(c) after "blood" (where thirdly occurring)
insert "(as the case requires)".
(27) In section 84A of the Principal Act, after "blood"
insert "or breath".
(28) In section 88(2)(a) of the Principal Act, after
"blood" insert "or breath".
(29) In section 89C(1) of the Principal Act—
(a) after "blood" (where first and secondly
occurring) insert "or breath";
(b) in paragraph (a)(i) and (ii), for "per
100 millilitres of blood or more" substitute
"or more per 100 millilitres of blood or
210 litres of exhaled air (as the case
requires)".
(30) In section 89C(8) of the Principal Act—
(a) after "person's blood" insert "or breath";
(b) after "per 100 millilitres of blood" insert "or
210 litres of exhaled air (as the case
requires)".
(31) In the heading of Column 1 of Schedule 1 to the
Principal Act, after "blood" (where secondly
occurring) insert "or in breath in grams per
210 litres of exhaled air".
s. 8
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9. Amendment of unproclaimed amending provision
In section 10(f) of the Road Safety (Responsible
Driving) Act 2002—
(a) after "100 millilitres of blood" (where first
occurring) insert "or 210 litres of exhaled air
(as the case requires)";
(b) for "per 100 millilitres of blood or more"
(where twice occurring) substitute "or more
per 100 millilitres of blood or 210 litres of
exhaled air (as the case requires)".
10. Future amendments
(1) In section 3(1) of the Principal Act, in
paragraph (b) of the definition of "breath
analysing instrument" omit "blood or".
(2) In section 48(1A) of the Principal Act omit "blood
or".
(3) In section 49(1)(f) of the Principal Act omit
"blood or", where twice occurring.
(4) In section 55(1)(a) of the Principal Act omit
"blood or".
(5) In section 55(2A) of the Principal Act omit
"100 millilitres of blood or".
(6) In section 55(4) of the Principal Act omit "blood
or".
(7) In section 55(9A)(b) and (14) of the Principal Act
omit "100 millilitres of blood or".
(8) In section 58(1) and (2) of the Principal Act omit
"blood or", wherever occurring.
11. Requirement to stop at preliminary breath testing
station
(1) In section 49(1)(d) of the Principal Act, after
"vehicle" insert ", and remain stopped,".
s. 9
Act No.
46/2002.
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(2) In section 53(1)(b) of the Principal Act, after
"stop" insert ", and remain stopped".
(3) In section 54(3) of the Principal Act, after
"vehicle" insert "and remain stopped until a
member of the police force on duty at the station
indicates that the driver may proceed".
12. Requirement to provide blood sample
In section 55(9A) of the Principal Act, for "or
(2AA)" substitute ", (2AA) or (2A)".
13. Service of certificates
(1) In section 57(5) of the Principal Act omit
"personally".
(2) After section 57(5) of the Principal Act insert—
"(5A) A copy of a certificate given under this
section may be served on the accused by—
(a) delivering it to the accused personally;
or
(b) leaving it for the accused at his or her
last or most usual place of residence or
of business with a person who
apparently resides or works there and
who apparently is not less than 16 years
of age.".
(3) In section 57(6) of the Principal Act, for "the
person who has personally" substitute "a person
who has".
(4) In section 57(12) of the Principal Act, after "(5),"
insert "(5A),".
(5) In section 57A(6) of the Principal Act omit
"personally".
s. 12
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(6) After section 57A(6) of the Principal Act insert—
"(6A) A copy of a certificate given under this
section may be served on the accused by—
(a) delivering it to the accused personally;
or
(b) leaving it for the accused at his or her
last or most usual place of residence or
of business with a person who
apparently resides or works there and
who apparently is not less than 16 years
of age.".
(7) In section 57A(7) of the Principal Act, for "the
person who has personally" substitute "a person
who has".
14. Proof of authority to operate breath analysing
instrument
For section 58(3) of the Principal Act
substitute—
"(3) In any proceeding under this Act—
(a) the statement of any person that on a
particular date he or she was authorised
by the Chief Commissioner of Police
under section 55 to operate breath
analysing instruments; or
(b) a certificate purporting to be signed by
the Chief Commissioner of Police that a
person named in it is authorised by the
Chief Commissioner under section 55
to operate breath analysing
instruments—
is admissible in evidence and, in the absence
of evidence to the contrary, is proof of the
authority of that person.".
s. 14
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15. PERIN
(1) Insert the following heading to section 89E of the
Principal Act—
"Application and modification of Schedule 7 to
Magistrates' Court Act 1989".
(2) In section 89E(1) of the Principal Act—
(a) in paragraph (c), for "and (b)." substitute
"and (b);";
(b) after paragraph (c) insert—
"(d) clause 10A.".
Division 3—"Owner Onus" Provisions
16. Offences detected by a photographic detection
device
(1) In section 66(1), (3), (3A), (4) and (5) of the
Principal Act, after "motor vehicle" (wherever
occurring) insert "or trailer".
(2) In section 66(3)(a) of the Principal Act—
(a) for sub-paragraph (iii) substitute—
"(iii) a courtesy letter under Schedule 7 to
the Magistrates' Court Act 1989—";
(b) for "the informant" substitute "an
enforcement official".
(3) After section 66(3)(a) of the Principal Act
insert—
"(ab) another person against whom a charge has
been filed, or on whom a traffic infringement
notice has been served, in relation to the
driving of the motor vehicle or trailer at the
relevant time supplies to an enforcement
official in a sworn statement in writing or in
a statutory declaration the name and address
s. 15
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of the person who was driving the motor
vehicle or trailer at the relevant time; or".
(4) In section 66(3)(b) of the Principal Act, for "the
informant" substitute "an enforcement official".
(5) After section 66(3) of the Principal Act insert—
'(3AA) In sub-section (3) "an enforcement
official" means—
(a) the informant in any proceeding
commenced against the owner or
another person; or
(b) the person who served (or caused to be
served) a traffic infringement notice on
the owner or another person; or
(c) the person who served (or caused to be
served) a courtesy letter under Schedule
7 to the Magistrates' Court Act
1989—
in relation to the driving of the motor vehicle
or trailer at the relevant time.'.
(6) In section 66(3A) and (4) of the Principal Act,
after "(3)(a)" insert "or (ab)".
17. Liability of owner for parking infringement
(1) In section 86(3)(a) of the Principal Act—
(a) for sub-paragraph (iii) substitute—
"(iii) a courtesy letter under Schedule 7 to
the Magistrates' Court Act 1989—";
(b) for "the informant" substitute "an
enforcement official".
s. 17
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20
(2) After section 86(3)(a) of the Principal Act
insert—
"(ab) another person against whom a charge has
been filed, or on whom a parking
infringement notice has been served, in
relation to the parking infringement
concerned supplies to an enforcement
official in a sworn statement in writing or in
a statutory declaration the name and address
of the person who was in charge of the motor
vehicle at the relevant time; or".
(3) For section 86(4) of the Principal Act
substitute—
'(4) In sub-section (3) "an enforcement
official" means—
(a) the informant in any proceeding
commenced against the owner or
another person; or
(b) the person who served (or caused to be
served) a parking infringement notice
on the owner or another person; or
(c) the person who served (or caused to
be served) a courtesy letter under
Schedule 7 to the Magistrates' Court
Act 1989 on the owner or another
person—
in relation to the parking infringement
concerned.'.
(4) In section 86(4A) and (5) of the Principal Act,
after "(3)(a)" insert "or (ab)".
s. 17
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Part 2—Amendment of Road Safety Act 1986
Road Safety (Amendment) Act 2003
Act No. 94/2003
21
Division 4—Point to Point Camera System
18. Owner-onus offences
In section 66(1)(b) of the Principal Act, after
"device" insert "or by a prescribed process".
19. New sections 78 and 78A inserted
After section 77 of the Principal Act insert—
'78. Average speed evidence of actual speed in
certain circumstances
(1) If, in any proceedings for an offence against
this Act or the regulations—
(a) the speed at which a motor vehicle
travelled is relevant; and
(b) the prosecution relies on the average
speed of the motor vehicle between
2 points on a road as determined in
accordance with sub-section (2)—
the average speed so determined is evidence,
and in the absence of evidence of the actual
speed of the motor vehicle to the contrary is
proof, of the speed of the motor vehicle.
(2) For the purposes of sub-section (1), the
average speed of a motor vehicle between
2 points on a road expressed in kilometres
per hour is calculated in accordance with the
following formula and rounded down to the
next whole number—
T
6 3 D ⋅ ×
where—
D is the shortest distance, expressed in
metres, that would be travelled by a
motor vehicle on the road between the
2 points;
s. 18
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Part 2—Amendment of Road Safety Act 1986
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T is the time, expressed in seconds, that
has elapsed between the motor vehicle
passing the first and second points.
(3) This section does not derogate from any
other mode of proof of the speed of the
motor vehicle.
78A. Evidence of road distance
(1) A certificate in the prescribed form
purporting to be issued by an approved
surveyor certifying as to the shortest
distance, expressed in metres, that would be
travelled by a motor vehicle on a road
between 2 points is admissible in evidence in
any proceedings and, in the absence of
evidence to the contrary, is proof of that
distance.
(2) In this section, "approved surveyor" means
a licensed surveyor within the meaning of
the Surveyors Act 1978 who is approved for
the purposes of this section by the Surveyor-
General or by the Corporation.'.
20. General evidentiary provisions
After section 84(7)(a) of the Principal Act
insert—
"(ab) an image or message produced by a
prescribed process when used in the
prescribed manner; or".
21. New section 84B inserted
After section 84A of the Principal Act insert—
"84B. Surveillance Devices Act 1999
A prescribed process is not a surveillance
device within the meaning of the
Surveillance Devices Act 1999.".
s. 20
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Part 2—Amendment of Road Safety Act 1986
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Act No. 94/2003
23
22. Regulations
In items 39, 39A, 49B and 49C of Schedule 2 to
the Principal Act, after "devices" insert "or
processes".
Division 5—Heavy Vehicles
23. Identification of uniformed police officers during
inspection or search
(1) For section 116(4) of the Principal Act
substitute—
"(4) In the case of an inspector who is a member
of the police force and who is in uniform,
before starting to inspect or search the
vehicle he or she must, if requested to do so
by the driver or person, state orally his or her
name, rank and place of duty.".
(2) In section 116(6) of the Principal Act, for "or (3)"
substitute ", (3) or (4)".
(3) For section 117(3) of the Principal Act
substitute—
"(3) An inspector who is a member of the police
force and who is in uniform conducting an
inspection or a search of a heavy vehicle
under this Division must, if requested to do
so by the driver or other person apparently in
charge of the vehicle, state orally his or her
name, rank and place of duty unless he or
she has already done so to that driver or
other person in compliance with section 116
or this sub-section.".
s. 22
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(4) For section 126(5) of the Principal Act
substitute—
"(5) In the case of an inspector who is a member
of the police force and who is in uniform,
before starting to inspect or search the
premises he or she must, if requested to do
so by an occupier, state orally his or her
name, rank and place of duty.".
(5) In section 126(6) of the Principal Act, for "or (4)"
substitute ", (4) or (5)".
(6) For section 127(3) of the Principal Act
substitute—
"(3) An inspector who is a member of the police
force and who is in uniform conducting an
inspection or a search of premises under this
Division must, if requested to do so by an
occupier (within the meaning of section 126)
of the premises, state orally his or her name,
rank and place of duty unless he or she has
already done so to that occupier in
compliance with section 126 or this sub-
section.".
24. Subject-matter for Regulations
(1) In item 8 of Schedule 2 to the Principal Act, after
"suspended" insert "(including, in the case of a
heavy vehicle to which a requirement referred to
in item 39B or 39C applies, where the Corporation
is notified of the vehicle being detected exceeding
a specified speed in another State or a Territory)".
(2) In items 39B and 39C of Schedule 2 to the
Principal Act, after "Requiring" insert "in
specified circumstances (including where the
Corporation is notified of the vehicle being
detected exceeding a specified speed in another
State or a Territory)".
s. 24
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(3) In Schedule 2 to the Principal Act, after item 39C
insert—
"39D. The circumstances in which a requirement referred to
in item 39B or 39C applying to a heavy vehicle or to
an owner of a heavy vehicle continues to apply to the
vehicle or to an owner of the vehicle despite any
transfer of registration since the imposing of the
requirement.".
Division 6—Calculation of Demerit Points
25. Demerits Register
(1) In section 5(3) of the Road Safety (Responsible
Driving) Act 2002, in the proposed new
paragraph (a) of section 25(3B) of the Road
Safety Act 1986—
(a) after "driver licence" insert "or who holds a
learner permit or probationary driver licence
and also holds, or has held, a full driver
licence";
(b) after "the licence" insert "or permit".
(2) In section 5(3) of the Road Safety (Responsible
Driving) Act 2002, in the proposed new
paragraph (ab) of section 25(3B) of the Road
Safety Act 1986, after "probationary driver
licence" insert "and who does not hold, and has
never held, a full driver licence".
(3) In section 5(5) of the Road Safety (Responsible
Driving) Act 2002, in the proposed new
paragraph (a) of section 25(3D) of the Road
Safety Act 1986—
(a) in sub-paragraph (i), after "full driver
licence" insert "or a learner permit or
probationary driver licence held by a person
who also holds, or has held, a full driver
licence";
s. 25
Act No.
46/2002.
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26
(b) after "probationary driver licence" insert
"held by a person who does not hold, and has
never held, a full driver licence".
Division 7—Transitional Provisions
26. New section 103D inserted
After section 103C of the Principal Act insert—
"103D. Application of amendments made by the
Road Safety (Amendment) Act 2003
(1) The amendments to section 16E of this Act
made by section 7 of the Road Safety
(Amendment) Act 2003 apply to an entry on
the register of written-off vehicles, whether
the entry was made before, on or after the
commencement of that section 7 but section
16E (as in force immediately before that
commencement) continues to apply with
respect to any appeal made under that section
before that commencement.
(2) The amendments to sections 66 and 86 of
this Act made by Division 3 of Part 2 of the
Road Safety (Amendment) Act 2003 apply
to offences alleged to have been committed
before, on or after the commencement of that
Division and irrespective of whether or not a
charge was filed or a courtesy letter, traffic
infringement notice or parking infringement
notice was served before that
commencement.".
s. 26
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Part 2—Amendment of Road Safety Act 1986
Road Safety (Amendment) Act 2003
Act No. 94/2003
27
Division 8—Minor Amendments
27. Minor amendments
(1) In section 3(1) of the Principal Act, for the
definition of "dentist" substitute—
' "dentist" means a registered dentist within the
meaning of the Dental Practice Act 1999;'.
(2) In section 3(1) of the Principal Act, after
paragraph (a) of the definition of "parking
infringement" insert—
"(b) a local law made by a municipal council; or".
(3) In section 25(2) of the Principal Act, for "points
incurred" substitute "points incurred,".
(4) In section 52(1D) of the Principal Act, for
"48(1AA)" substitute "3AA(1)(c)".
(5) Section 66(3)(a)(ii) of the Principal Act is
repealed.
(6) Section 77(1) of the Principal Act is repealed.
(7) In section 86(3)(a) of the Principal Act—
(a) after sub-paragraph (i) insert "or";
(b) sub-paragraph (ii) is repealed.
(8) In section 112(3) of the Principal Act, for "sub-
sections (1)(c) and (1)(d)" substitute "sub-section
(1)(c) or inspections and searches under sub-
section (1)(d)".
(9) In section 119 of the Principal Act, in paragraph
(a) of the definition of "authorised inspector", for
"112(1)(b)" substitute "112(1)(c)".
__________________
s. 27
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Victorian Legislation and Parliamentary Documents
Part 3—Amendment of Transport Act 1983
Road Safety (Amendment) Act 2003
Act No. 94/2003
28
PART 3—AMENDMENT OF TRANSPORT ACT 1983
28. Breath alcohol analysis
(1) In section 92 of the Transport Act 1983, omit
"blood—".
(2) In section 93(1) of the Transport Act 1983, for
the definition of "prescribed concentration of
alcohol" substitute—
' "prescribed concentration of alcohol" means
any concentration of alcohol present in the
breath or blood of a person;'.
(3) In section 93(5) of the Transport Act 1983—
(a) after "blood" (where first occurring) insert
"or breath";
(b) after "blood" (where secondly occurring)
insert "or breath (as the case requires)".
(4) In section 93(6) of the Transport Act 1983, after
"blood" (where first occurring) insert "or breath".
(5) In section 94(1)(a) of the Transport Act 1983,
after "blood" insert "or breath".
(6) In section 94(1)(d) of the Transport Act 1983,
after "blood" (where twice occurring) insert "or
breath".
(7) In section 94(6)(a) of the Transport Act 1983,
after "blood" insert "or breath".
(8) In section 95(2)(a)(ii) of the Transport Act 1983,
after "blood" insert "or breath".
(9) In section 96(1)(a) of the Transport Act 1983,
after "blood" insert "or breath".
(10) In section 96(2) of the Transport Act 1983, after
"blood" insert "or 210 litres of exhaled air".
s. 28
See:
Act No.
9921.
Reprint No. 9
as at
15 July 2003
and
amending
Act Nos
54/2002,
23/2003,
34/2003,
44/2003 and
59/2003.
LawToday:
www.dms.
dpc.vic.
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Part 3—Amendment of Transport Act 1983
Road Safety (Amendment) Act 2003
Act No. 94/2003
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(11) In section 96(4) of the Transport Act 1983, after
"blood" insert "or breath".
(12) In section 96(8)(b) and (17) of the Transport Act
1983, after "blood" insert "or 210 litres of exhaled
air".
(13) In section 99(1) and (2) of the Transport Act
1983, after "blood" (wherever occurring) insert
"or breath".
(14) In section 117(4A)(a) of the Transport Act 1983,
after "blood" insert "or breath".
(15) In section 208 of the Transport Act 1983, for
paragraph (a) of the definition of "safety work
infringement" substitute—
"(a) the concentration of alcohol in the blood or
breath of the worker is less than 0⋅15 grams
per 100 millilitres of blood or 210 litres of
exhaled air (as the case requires); and".
(16) In section 215B(2) of the Transport Act 1983,
after "blood" insert "or breath".
29. Future amendments
(1) In section 93(6) of the Transport Act 1983 omit
"blood or".
(2) In section 94(1)(d) of the Transport Act 1983
omit "blood or" (where twice occurring).
(3) In section 95(2)(a)(ii) of the Transport Act 1983
omit "blood or".
(4) In section 96(1)(a) of the Transport Act 1983
omit "blood or".
(5) In section 96(2) of the Transport Act 1983 omit
"100 millilitres of blood or".
(6) In section 96(4) of the Transport Act 1983 omit
"blood or".
s. 29
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Act No. 94/2003
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(7) In section 96(8)(b) and (17) of the Transport Act
1983 omit "100 millilitres of blood or".
(8) In section 99(1) and (2) of the Transport Act
1983 omit "blood or" (wherever occurring).
30. Requirement to provide blood sample
(1) In section 96(2) of the Transport Act 1983, after
"sub-section (1)" insert "or (1A)".
(2) In section 96(8) of the Transport Act 1983, after
"(1)" insert ", (1A) or (2)".
31. Service of certificates under section 98
(1) In section 98(5) of the Transport Act 1983 omit
"personally".
(2) After section 98(5) of the Transport Act 1983
insert—
"(5A) A copy of a certificate given under this
section may be served on the accused by—
(a) delivering it to the accused personally;
or
(b) leaving it for the accused at his or her
last or most usual place of residence or
of business with a person who
apparently resides or works there and
who apparently is not less than 16 years
of age.".
(3) In section 98(6) of the Transport Act 1983, for
"the person who has personally" substitute "a
person who has".
(4) In section 98(14) of the Transport Act 1983,
after "(5)," insert "(5A),".
s. 30
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Part 3—Amendment of Transport Act 1983
Road Safety (Amendment) Act 2003
Act No. 94/2003
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32. Proof of authority to operate breath analysing
instrument
For section 99(8) of the Transport Act 1983
substitute—
"(8) In any proceeding under this Act—
(a) the statement of any person that on a
particular date he or she was authorised
by the Chief Commissioner of Police
under section 96 to operate breath
analysing instruments; or
(b) a certificate purporting to be signed by
the Chief Commissioner of Police that a
person named in it is authorised by the
Chief Commissioner under section 96
to operate breath analysing
instruments—
is admissible in evidence and, in the absence
of evidence to the contrary, is proof of the
authority of that person.".
33. PERIN
In section 215E(1) of the Transport Act 1983,
after "and (6)," insert "10A,".
__________________
s. 32
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Victorian Legislation and Parliamentary Documents
Part 4—Amendment of Marine Act 1988
Road Safety (Amendment) Act 2003
Act No. 94/2003
32
PART 4—AMENDMENT OF MARINE ACT 1988
34. Breath alcohol analysis
(1) In section 3(1) of the Marine Act 1988, in the
definition of "prescribed concentration of
alcohol"—
(a) in paragraph (a), after "blood" insert "or
breath";
(b) for paragraph (b) substitute—
"(b) in the case of any other person—
(i) a concentration of alcohol present
in the blood of that person of
0⋅05 grams per 100 millilitres of
blood; or
(ii) a concentration of alcohol present
in the breath of that person of
0⋅05 grams per 210 litres of
exhaled air;".
(2) In section 27(1) of the Marine Act 1988—
(a) after "blood" (where first occurring) insert
"or breath";
(b) after "blood" (where secondly occurring)
insert "or breath (as the case requires)".
(3) In section 27(1A) of the Marine Act 1988, after
"blood" (where first occurring) insert "or breath".
(4) In section 28(1)(b) of the Marine Act 1988, after
"blood" insert "or breath".
(5) In section 28(1)(e) of the Marine Act 1988, after
"blood" (where twice occurring) insert "or
breath".
(6) In section 28(8)(a) of the Marine Act 1988, after
"blood" insert "or breath".
s. 34
See:
Act No.
52/1988.
Reprint No. 5
as at
7 February
2002
and
amending
Act Nos
77/2001,
11/2002 and
46/2002.
LawToday:
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Part 4—Amendment of Marine Act 1988
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Act No. 94/2003
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(7) For section 28C(1)(a) of the Marine Act 1988
substitute—
"(a) section 28(1)(b), (e) or (f) where it is alleged
that the concentration of alcohol—
(i) in the blood of that person was
0⋅15 grams or more per 100 millilitres
of blood; or
(ii) in the breath of that person was
0⋅15 grams or more per 210 litres of
exhaled air; or".
(8) In section 31(1)(a) of the Marine Act 1988, after
"blood" insert "or breath".
(9) In section 31(2A) of the Marine Act 1988, after
"blood" insert "or 210 litres of exhaled air".
(10) In section 31(4) of the Marine Act 1988, after
"blood" insert "or breath".
(11) In section 31(9A)(b) and (12B) of the Marine Act
1988, after "blood" insert "or 210 litres of exhaled
air".
(12) In section 33(1) and (2) of the Marine Act 1988,
after "blood" (wherever occurring) insert "or
breath".
(13) In section 33A(1) of the Marine Act 1988—
(a) before "blood" (where first occurring) insert
"breath or";
(b) after "per" insert "210 litres of exhaled air
or";
(c) after "blood" (where thirdly occurring)
insert "(as the case requires)".
s. 34
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Act No. 94/2003
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(14) For section 61A(1)(a) of the Marine Act 1988
substitute—
"(a) the concentration of alcohol—
(i) in the blood of the person is less than
0⋅15 grams per 100 millilitres of blood;
or
(ii) in the breath of the person is less than
0⋅15 grams per 210 litres of exhaled
air—
as the case requires; and".
(15) In section 61BA(1)(a) of the Marine Act 1988,
before "blood" insert "breath or".
35. Future amendments
(1) In section 27(1A) of the Marine Act 1988 omit
"blood or".
(2) In section 28(1)(e) of the Marine Act 1988 omit
"blood or" (where twice occurring).
(3) In section 31(1)(a) of the Marine Act 1988 omit
"blood or".
(4) In section 31(2A) of the Marine Act 1988 omit
"100 millilitres of blood or".
(5) In section 31(4) of the Marine Act 1988 omit
"blood or".
(6) In section 31(9A)(b) and (12B) of the Marine Act
1988 omit "100 millilitres of blood or".
(7) In section 33(1) and (2) of the Marine Act 1988
omit "blood or" (wherever occurring).
s. 35
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Victorian Legislation and Parliamentary Documents
Part 4—Amendment of Marine Act 1988
Road Safety (Amendment) Act 2003
Act No. 94/2003
35
36. Requirement to provide blood sample
In section 31(9A) of the Marine Act 1988, for
"or (2)" substitute ", (2) or (2A)".
37. Service of certificates under section 32
(1) In section 32(5) of the Marine Act 1988 omit
"personally".
(2) After section 32(5) of the Marine Act 1988
insert—
"(5A) A copy of a certificate given under this
section may be served on the accused by—
(a) delivering it to the accused personally;
or
(b) leaving it for the accused at his or her
last or most usual place of residence or
of business with a person who
apparently resides or works there and
who apparently is not less than 16 years
of age.".
(3) In section 32(6) of the Marine Act 1988, for "the
person who has personally" substitute "a person
who has".
38. Proof of authority to operate breath analysing
instrument
For section 33(3) of the Marine Act 1988
substitute—
"(3) In any proceeding under this Act—
(a) the statement of any person that on a
particular date he or she was authorised
by the Chief Commissioner of Police
under section 31 to operate breath
analysing instruments; or
s. 36
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Part 4—Amendment of Marine Act 1988
Road Safety (Amendment) Act 2003
Act No. 94/2003
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(b) a certificate purporting to be signed by
the Chief Commissioner of Police that a
person named in it is authorised by the
Chief Commissioner under section 31
to operate breath analysing
instruments—
is admissible in evidence and, in the absence
of evidence to the contrary, is proof of the
authority of that person.".
39. PERIN
In section 61C(1) of the Marine Act 1988—
(a) in paragraph (c), for "and (b)." substitute
"and (b);";
(b) after paragraph (c) insert—
"(d) clause 10A.".
__________________
s. 39
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Victorian Legislation and Parliamentary Documents
Part 5—Amendment of Other Acts
Road Safety (Amendment) Act 2003
Act No. 94/2003
37
PART 5—AMENDMENT OF OTHER ACTS
40. Amendment of Accident Compensation Act 1985
In section 82(4A)(c) of the Accident
Compensation Act 1985, for "was 0.24 grams or
more per 100 millilitres of blood" substitute "in
the person's blood was 0⋅24 grams or more per
100 millilitres of blood or in the person's breath
was 0⋅24 grams or more per 210 litres of exhaled
air, as the case requires".
41. Amendment of Transport Accident Act 1986
(1) In section 40(3) of the Transport Accident Act
1986—
(a) in paragraph (b), for "was 0⋅24 grams or
more per 100 millilitres of blood" substitute
"in the person's blood was 0⋅24 grams or
more per 100 millilitres of blood or in the
person's breath was 0⋅24 grams or more per
210 litres of exhaled air, as the case
requires"; and
(b) after "the blood" insert "or breath".
(2) In section 40(4)(b) of the Transport Accident
Act 1986, for "was more than 0⋅05 grams per
100 millilitres of blood" substitute "in the
person's blood was more than 0⋅05 grams per
100 millilitres of blood or in the person's breath
was more than 0⋅05 grams per 210 litres of
exhaled air, as the case requires".
(3) In sections 40(5), 40A(4)(b) and 40A(5)(a) and (c)
of the Transport Accident Act 1986, after
"blood" insert "or breath".
See:
Act No.
10191.
Reprint No. 12
as at
6 March 2003
and
amending
Act Nos
50/1994,
60/1996,
107/1997 and
60/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 40
See:
Act No.
111/1986.
Reprint No. 8
as at
1 August 2001
and
amending
Act Nos
27/2001,
44/2001,
54/2001 and
11/2002.
LawToday:
www.dms.
dpc.vic.
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Part 5—Amendment of Other Acts
Road Safety (Amendment) Act 2003
Act No. 94/2003
38
(4) In section 40A(5)(b) of the Transport Accident
Act 1986, after "the blood" insert "or breath".
42. Tolling system not surveillance device
At the end of section 70 of the Melbourne City
Link Act 1995 insert—
"(2) The tolling system that complies with the
Agreement, the Integration and Facilitation
Agreement or the Extension Agreement (as
the case requires) is not a surveillance device
within the meaning of the Surveillance
Devices Act 1999.".
43. Offences detected by prescribed tolling device
(1) In section 87(3)(a) and (b) of the Melbourne City
Link Act 1995, for "the enforcement officer"
substitute "an enforcement official".
(2) After section 87(3)(a) of the Melbourne City
Link Act 1995 insert—
"(ab) another person against whom a charge has
been filed, or on whom an infringement
notice has been served, in relation to the
driving of the vehicle at the relevant time
supplies to an enforcement official in a
sworn statement in writing or in a statutory
declaration the name and address of the
person who was driving the vehicle at the
relevant time; or".
(3) After section 87(3) of the Melbourne City Link
Act 1995 insert—
'(3A) In sub-section (3) "an enforcement
official" means—
(a) the informant in any proceeding
commenced against the owner or
another person; or
s. 42
See:
Act No.
107/1995.
Reprint No. 5
as at
31 December
2002 and
amending
Act No.
59/2003.
LawToday:
www.dms.
dpc.vic.
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Victorian Legislation and Parliamentary Documents
Part 5—Amendment of Other Acts
Road Safety (Amendment) Act 2003
Act No. 94/2003
39
(b) the enforcement officer who caused an
infringement notice to be served on the
owner or another person; or
(c) the person who served (or caused to be
served) a courtesy letter under
Schedule 7 to the Magistrates' Court
Act 1989 on the owner or another
person—
in relation to the driving of the vehicle at the
relevant time.'.
(4) In section 87(4) and (5) of the Melbourne City
Link Act 1995, after "(3)(a)" insert "or (ab)".
44. New section 120 inserted
After section 119 of the Melbourne City Link
Act 1995 insert—
"120. Application of amendments made by the
Road Safety (Amendment) Act 2003
The amendments to section 87 of this Act
made by Part 5 of the Road Safety
(Amendment) Act 2003 apply to offences
alleged to have been committed before, on or
after the commencement of that Part and
irrespective of whether or not a charge was
filed or a courtesy letter or infringement
notice was served before that
commencement.".
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Victorian Legislation and Parliamentary Documents
Part 6—Consequential Amendments
Road Safety (Amendment) Act 2003
Act No. 94/2003
40
PART 6—CONSEQUENTIAL AMENDMENTS
45. Magistrates' Court Act 1989
In clause 14(2) of Schedule 7 to the Magistrates'
Court Act 1989—
(a) in paragraph (b)(ii), for "by the owner of the
vehicle under section 86(3)(a)" substitute
"under section 86(3)(a) or (ab)";
(b) in paragraph (c)(ii), for "by the owner of the
motor vehicle under section 66(3)(a)"
substitute "under section 66(3)(a) or (ab)";
(c) in paragraph (d)(ii), for "by the owner of the
vehicle under section 87(3)(a)" substitute
"under section 87(3)(a) or (ab)".
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Victorian Legislation and Parliamentary Documents
Road Safety (Amendment) Act 2003
Act No. 94/2003
41
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 9 October 2003
Legislative Council: 19 November 2003
The long title for the Bill for this Act was "to amend the Road Safety Act
1986, the Transport Act 1983, the Marine Act 1988, the Accident
Compensation Act 1985, the Transport Accident Act 1986, the
Melbourne City Link Act 1995 and the Road Safety (Responsible
Driving) Act 2002, to make consequential amendments to the
Magistrates' Court Act 1989 and for other purposes."
Endnotes
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