Road Safety (Further Amendment) Act 2001

i Road Safety (Further Amendment) Act 2001 Act No. 92/2001 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. Purposes of Principal Act 2 5. Definitions 3 6. New sections 3AA and 3AB inserted 3 3AA. Circumstances in which person is to be taken to be in charge of a motor vehicle 4 3AB. Circumstances in which person is to be taken to be driving a motor vehicle 4 7. Functions and powers of Corporation 5 8. Registration and renewal of registration 6 9. Seizure of number plates 6 10. New Division 3 inserted in Part 2 7 Division 3—Written-off Vehicles 7 16A. Purposes of Division 7 16B. Definitions 7 16C. When is a vehicle written off? 11 16D. Register of written-off vehicles 12 16E. Appeals regarding written-off vehicle registration 13 16F. Prohibition on registration of vehicles that have written-off vehicle identifiers 14 11. Learner permits 15 12. Demerit points for certain drink-driving offences 15 13. Circumstances in which a person is in charge of a motor vehicle for the purposes of Part 5 16 14. Restriction on exercise of court discretion not to cancel a licence or permit 16 15. Application for re-licensing 17 16. Breath analysis 17 17. General duty of person in charge of motor vehicle 17 18. Holder of number plates to be taken to be vehicle owner for certain purposes 18 19. Offences to be detected by photographic devices 22 -- 1 of 38 -- Section Page ii 20. New section 81 substituted 23 81. Certain matters indicated by speed cameras are sufficient evidence 23 21. Evidence of testing and sealing 24 22. New section 83A inserted 24 83A. Evidence relating to prescribed detection devices 24 23. General evidentiary provisions 25 24. Payment of penalty 27 25. Cancellation of licence or permit for drink-driving infringements 27 26. Disclosure of information 28 27. Application of A.C.T. charges 28 28. New section 103A inserted 29 103A. Transitional provisions—Road Safety (Further Amendment) Act 2001 29 29. Subject-matter for regulations 30 30. Amendment of Chattel Securities Act 1987 30 31. Amendment of Magistrates' Court Act 1989 31 32. Amendment of Melbourne City Link Act 1995 31 33. Amendment of Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 34 34. Statute law revision 35 ═══════════════ ENDNOTES 36 -- 2 of 38 -- 1 Road Safety (Further Amendment) Act 2001 † [Assented to 11 December 2001] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Road Safety Act 1986 so as to— (a) provide for the establishment of a register of written-off vehicles; (b) make changes to the penalties for drink- driving offences; (c) enable a breath sample to be furnished for analysis in any place or vehicle; Victoria No. 92 of 2001 -- 3 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 2 (d) define circumstances in which a person is to be taken to be in charge of, or driving, a motor vehicle and impose new duties on the person in charge; (e) provide for the seizure of number plates in certain circumstances; (f) make other miscellaneous amendments to that Act. 2. Commencement (1) Sections 1, 3, 13(4), 27, 33, 34 and this section 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 referred to in sub-section (2) does not come into operation before 1 July 2002, it comes into operation on that day. 3. Principal Act In this Act, the Road Safety Act 1986 is called the Principal Act. 4. Purposes of Principal Act s. 2 See: Act No. 127/1986. Reprint No. 6 as at 1 December 2000 and amending Act Nos 19/1991, 89/1991, 79/2000, 4/2001, 23/2001 and 54/2001. LawToday: www.dms. dpc.vic. gov.au -- 4 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 3 In section 1 of the Principal Act, after paragraph (b) insert— "(c) to prevent the rebirthing of stolen vehicles; and". 5. Definitions (1) In section 3(1) of the Principal Act insert the following definitions— ' "accompanying licensed driver" means a person, other than a commercial driving instructor acting as such, who is sitting beside a person, who is driving a motor vehicle for which that person does not hold an appropriate driver licence, for the purpose of enabling that person lawfully to drive that motor vehicle on a highway; "commercial driving instructor" means a person who, for financial gain or in the course of any trade or business, is teaching a person, who is driving a motor vehicle of a kind described in section 33(3), for which that person does not hold an appropriate driver licence, to drive that motor vehicle on a highway;'. (2) In section 3(1) of the Principal Act, in the definition of "accompanying driver offence" for "48(1AAA)" substitute "3AA(1)(d)". (3) In section 3(1) of the Principal Act insert the following definitions— ' "register of written-off vehicles" means the register of written-off vehicles required by section 16D; "written-off vehicle" has the meaning given in section 16B.'. 6. New sections 3AA and 3AB inserted s. 4 -- 5 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 4 After section 3 of the Principal Act insert— "3AA. Circumstances in which person is to be taken to be in charge of a motor vehicle (1) Without limiting the circumstances in which a person is in charge of a motor vehicle, the following persons are to be taken to be in charge of a motor vehicle for the purposes of this Act— (a) a person who is attempting to start or drive the motor vehicle; (b) a person with respect to whom there are reasonable grounds for the belief that he or she intends to start or drive the motor vehicle; (c) a commercial driving instructor while the person whom he or she is teaching to drive is driving or in charge of the vehicle; (d) an accompanying licensed driver while the person whom he or she is sitting beside is driving or in charge of the vehicle. (2) Sub-section (1)(c) or (d) does not affect any liability of the person being taught or accompanied for any offence committed by that person while driving or being in charge of the motor vehicle. 3AB. Circumstances in which person is to be taken to be driving a motor vehicle Without limiting the circumstances in which a person is driving a motor vehicle, a person who is steering a motor vehicle which is being towed by another motor vehicle is to be taken to be driving the towed motor vehicle for the purposes of this Act, whether s. 6 -- 6 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 5 or not the towed motor vehicle has any other means of propulsion and whether or not the person steering it has any control over its means of propulsion.". 7. Functions and powers of Corporation In the Principal Act— (a) in section 5AA, after paragraph (b) insert— "(ba) to maintain a register of written-off vehicles in accordance with the regulations; and"; (b) in section 5AB(1), after paragraph (f) insert— "(fa) enter or refuse to enter a vehicle on the register of written-off vehicles; and (fb) amend or refuse to amend an entry on the register of written-off vehicles; and (fc) remove or refuse to remove an entry from the register of written-off vehicles; and"; (c) in section 5AB(1)(g), after "fees" insert "(including fees in relation to the register of written-off vehicles)"; (d) in section 5AB(1), for paragraph (k) substitute— "(k) fix fees for services provided by the Corporation in connection with— (i) the registration, or the late renewal of registration, of motor vehicles or trailers; (ii) the issue of number plates, permits, tester's licences and certificates of roadworthiness; s. 7 -- 7 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 6 (iii) the entry of vehicles on the register of written-off vehicles, the amendment, removal and inspection of entries and the issuing of certificates in relation to information from the register; and". 8. Registration and renewal of registration At the foot of section 9(1) of the Principal Act insert— "Note: Section 16F contains prohibitions on registration and renewal of registration in respect of written-off vehicles.". 9. Seizure of number plates In section 16 of the Principal Act, after sub- section (1) insert— "(1A) A member of the police force, or an officer of the Corporation authorised by the Corporation for the purposes of this sub- section, may take possession of any number plate displayed on a motor vehicle or trailer which the member has reasonable grounds for suspecting— (a) does not bear the registration number last assigned to that motor vehicle or trailer by the Corporation; or (b) is displayed on a motor vehicle or trailer— (i) that is not registered under Part 2 or exempted from registration under the regulations; and (ii) in relation to which the period during which the registration of the vehicle may be renewed in s. 8 -- 8 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 7 accordance with the regulations has expired— and may return it to the Corporation or retain it until the member is satisfied that circumstances exist that allow it to be used without being subject to being taken possession of under this sub-section.". 10. New Division 3 inserted in Part 2 After Division 2 of Part 2 of the Principal Act insert— 'Division 3—Written-off Vehicles 16A. Purposes of Division The purposes of this Division are— (a) to curtail trade in stolen motor vehicles by preventing vehicle information about written-off vehicles, particularly vehicle identifiers, being used to register stolen motor vehicles; (b) to facilitate inspections of written-off vehicles that have been repaired; (c) to make information available to prospective purchasers about whether a motor vehicle has previously been written off. 16B. Definitions In this Division— "insurer" means a person who carries on the business of insuring motor vehicles and includes any other person, or class of person, declared to be an insurer by the regulations; s. 10 -- 9 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 8 "interstate written-off vehicles register" means a register kept under a law of another State or of a Territory that corresponds to the register required by section 16D; "late model vehicle" means a motor vehicle that is not more than 15 years old (age being determined by the date of manufacture); "motor wrecker" means a person who carries on the business of— (a) demolishing or dismantling motor vehicles or parts of, or accessories for, motor vehicles; or (b) buying motor vehicles and substantially demolished or dismantled motor vehicles and selling substantially demolished or dismantled motor vehicles (whether or not the person also sells parts of, or accessories for, motor vehicles); "repairable write-off" means a motor vehicle that is written off but is not a statutory write-off; "self-insurer" means a corporation or partnership that owns 5 or more late model vehicles— (a) that are registered under Division 2 for use on a highway or registered for use on a highway by a registration authority in another State or a Territory; and (b) in respect of which there is no insurance policy with an insurer -- 10 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 9 covering loss or damage of each vehicle; "statutory write-off" means a motor vehicle that is written off and is— (a) a motor vehicle (other than a motor cycle) that has been damaged by at least 3 of the following impact damage indicators— (i) damage to an area of the roof equal to or exceeding 300 millimetres by 300 millimetres; or (ii) damage to an area of the cabin floor pan equal to or exceeding 300 millimetres by 300 millimetres; or (iii) damage to an area of the firewall equal to or exceeding 300 millimetres by 300 millimetres; or (iv) any damage to the suspension; or (v) damage (cracked or broken) to major mechanical components such as the engine block and transmission casings; or (b) a motor cycle that has impact damage (excluding scratching) to the suspension and at least 2 areas of structural frame damage; or (c) a motor vehicle (other than a motor cycle) that has been— s. 10 -- 11 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 10 (i) immersed in salt water above the doorsill level for any period; or (ii) immersed in fresh water up to the dashboard or steering wheel for more than 48 hours; or (d) a motor cycle that has been— (i) fully immersed in salt water for any period; or (ii) fully immersed in fresh water for more than 48 hours; or (e) a motor vehicle that has been burnt to such an extent that it is only fit for wrecking or scrap; or (f) a motor vehicle that has been stripped of all, or a combination of most, interior and exterior body parts, panels and components; Examples Examples of interior and exterior body parts, panels and components of a motor vehicle are the engine, wheels, bonnet, guards, doors and boot lid. "vehicle identifier", in relation to a motor vehicle, means— (a) in the case of a motor vehicle manufactured before 1 January 1989, the number quoted on the compliance plate that uniquely identifies the vehicle and sets it apart from similar vehicles and that corresponds to the identification number of the s. 10 -- 12 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 11 vehicle that is permanently recorded elsewhere on the vehicle; or (b) in any other case, the vehicle identification number (or "VIN") marked on the motor vehicle in accordance with clause 58 of Schedule 8 to the Road Safety (Vehicles) Regulations 1999 or in accordance with a law of another State or a Territory that corresponds with that clause; "written-off vehicle" means— (a) a statutory write-off; or (b) a repairable write-off. 16C. When is a vehicle written off? (1) For the purposes of this Division, a motor vehicle is written off if— (a) the vehicle has been damaged by collision, fire, flood, accident, trespass or other event or circumstances; and (b) the insurer or self-insurer of the vehicle or, if there is no insurer or self-insurer, the registered operator of the vehicle makes a determination that the extent of the damage is such that the vehicle's fair salvage value plus the cost of repairing it for use on a road or road related area would be more than its fair market value immediately before the event or circumstances that caused the damage. s. 10 -- 13 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 12 (2) An insurer of a vehicle referred to in sub- section (1)(a) is taken to have made a determination under sub-section (1)(b) if the insurer— (a) allows a claim for the full insured value of the vehicle; or (b) disposes of the vehicle to a third party. (3) A self-insurer of a vehicle referred to in sub- section (1)(a) is taken to have made a determination under sub-section (1)(b) if the self-insurer disposes of the vehicle to a third party. (4) A registered operator of a vehicle referred to in sub-section (1)(a) is taken to have made a determination under sub-section (1)(b) if the registered operator disposes of the vehicle to a motor wrecker. (5) Nothing in sub-section (2), (3) or (4) limits the circumstances in which an insurer, self- insurer or registered operator may be taken to have made a determination referred to in sub-section (1)(b). 16D. Register of written-off vehicles (1) The Corporation must maintain a register of written-off vehicles in accordance with the regulations. (2) Entries on the register of written-off vehicles may be made, amended and removed only in accordance with the regulations. (3) The Corporation must ensure that a person who notifies the Corporation of a written-off vehicle, or who applies for an entry on the register of written-off vehicles to be amended or removed, is informed at the time of notification or application (as the case s. 10 -- 14 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 13 requires) that any information given or document submitted in connection with the notification or application, or a copy of such a document, may be disclosed or used for investigation, law enforcement and other purposes in accordance with section 92. 16E. Appeals regarding written-off vehicle registration (1) If the Corporation decides to— (a) refuse to enter a vehicle on the register of written-off vehicles; or (b) refuse to amend an entry on the register of written-off vehicles; or (c) refuse to remove an entry from the register of written-off vehicles— a person referred to in sub-section (2) may appeal against that decision to the Magistrates' Court in accordance with the regulations. (2) An appeal may be made under sub-section (1) by— (a) the owner of the vehicle; or (b) a person who notified the Corporation that the vehicle was a written-off vehicle; or (c) a person who applied for the entry to be amended or removed. (3) On an appeal under sub-section (1), the court must— (a) re-determine the matter of the refusal; and (b) hear any relevant evidence tendered by the appellant and the Corporation; and s. 10 -- 15 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 14 (c) without limiting its discretion, take into consideration anything that the Corporation ought to have considered. (4) The Corporation must give effect to the decision of the Magistrates' Court on an appeal. 16F. Prohibition on registration of vehicles that have written-off vehicle identifiers (1) The Corporation must not register, or renew the registration of, a vehicle under Division 2 if its vehicle identifier is the same as the vehicle identifier of a vehicle that is entered on the register of written-off vehicles as a statutory write-off. (2) The Corporation must not register, or renew the registration of, a vehicle under Division 2 if— (a) its vehicle identifier is the same as the vehicle identifier of a vehicle that is entered on an interstate written-off vehicles register as a statutory write- off; and (b) the Corporation knows of the entry on the interstate register. (3) The Corporation must not register, or renew the registration of, a vehicle under Division 2 if its vehicle identifier is the same as the vehicle identifier of a vehicle that is entered on the register of written-off vehicles as a repairable write-off except as permitted by the regulations. (4) The Corporation must not register, or renew the registration of, a vehicle under Division 2 if— s. 10 -- 16 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 15 (a) its vehicle identifier is the same as the vehicle identifier of a vehicle that is entered on an interstate written-off vehicles register as a repairable write- off; and (b) the Corporation knows of the entry on the interstate register— except as permitted by the regulations.'. 11. Learner permits In section 22(2)(a) of the Principal Act, for "17 years and 9 months" substitute "18 years". 12. Demerit points for certain drink-driving offences In section 25 of the Principal Act, after sub-section (2) insert— "(2A) Without limiting sub-section (2), the Corporation must, in respect of the day on which the offence is alleged to have been committed, record 10 demerit points against a person— (a) who is found guilty of an offence under section 49(1)(b), (f) or (g) but the court does not record a conviction and, in accordance with section 50(1AB), does not cancel the person's driver licence or permit; or (b) who is convicted or found guilty of an offence under section 49(1)(b), (f) or (g) in circumstances in which section 50(1) applies and the court does not cancel the person's driver licence or permit; or (c) to whom a traffic infringement notice has been issued in respect of a drink- driving infringement if— s. 11 -- 17 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 16 (i) no notice of objection to the infringement notice has been given and the 28 day period referred to in section 89C has expired; and (ii) the person's driver licence or permit is not cancelled by force of section 89C(1). (2B) Nothing in sub-section (2A) prevents regulations being made under a power conferred by this Act that make provision to the same effect as that sub-section.". 13. Circumstances in which a person is in charge of a motor vehicle for the purposes of Part 5 (1) In section 28(5) of the Principal Act, after "charge" insert "(within the meaning of Part 5)". (2) In section 48(1)(b) of the Principal Act, for "attempting to start or drive the motor vehicle or unless there are reasonable grounds for the belief that that person intends to start or drive the motor vehicle" substitute "a person to whom section 3AA(1)(a), (b), (c) or (d) applies". (3) In section 48 of the Principal Act, sub-sections (1AA), (1AAA) and (1AB) are repealed. (4) In section 16(1) of the Road Safety (Further Amendment) Act 1991, in proposed section 89C(1A) of the Road Safety Act 1986, after "charge" insert "(within the meaning of Part 5)". 14. Restriction on exercise of court discretion not to cancel a licence or permit s. 13 See: Act No. 89/1991 and amending Act No. 23/2001. -- 18 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 17 In section 50(1AB)(b) of the Principal Act, for "0·10" substitute "0·07". 15. Application for re-licensing (1) In section 50(4) of the Principal Act— (a) for "to the Chief Commissioner of Police and a registrar of the court" substitute "and of the venue of the Court at which it is to be made to the Chief Commissioner of Police and the appropriate registrar of the Court"; (b) for "venue of the Magistrates' Court ascertained in accordance with the regulations" substitute "Magistrates' Court". 16. Breath analysis (1) In section 55(1) and (2) of the Principal Act, for "a police station or other place" substitute "a place or vehicle". (2) At the foot of section 55(1) and (2) of the Principal Act insert— "Example A person may be required to go to a police station, a public building, a booze bus or a police car to furnish a sample of breath.". 17. General duty of person in charge of motor vehicle (1) In section 59(1) of the Principal Act, after "driver" (where first occurring) insert "or person in charge". (2) In section 59(1)(d) of the Principal Act, after "driver" insert "or person in charge of the motor vehicle". (3) In section 59(4) of the Principal Act— (a) after "driver" (where first occurring) insert "or person in charge of a motor vehicle"; s. 14 -- 19 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 18 (b) in paragraph (b), after "driver" insert "or person in charge". (4) In section 59(5) of the Principal Act, after "driving" insert "or in charge of". (5) In section 59(6) of the Principal Act— (a) after "driver" (where first occurring) insert "or person in charge of a motor vehicle"; (b) after "driver" (where secondly occurring) insert "or person in charge". (6) In section 59(7) of the Principal Act, after "driver" insert "or person in charge of the motor vehicle". (7) In section 59(8) of the Principal Act— (a) after "driver" (where first occurring) insert "or person in charge of a motor vehicle"; (b) in paragraph (a), after "driver" insert "or person in charge". 18. Holder of number plates to be taken to be vehicle owner for certain purposes (1) In section 60 of the Principal Act, for sub- section (3) substitute— "(3) For the purposes of this section "owner" means— (a) the owner or the person in whose name the motor vehicle was registered at the time when the vehicle was being driven by the person about whom the information is sought or at the time when the requirement is made; or (b) any person who had possession or control of the vehicle at either of those times; or s. 18 -- 20 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 19 (c) if the motor vehicle displayed a number plate at either of those times— (i) the person who, at the time at which the registration number borne by that number plate was last assigned by the Corporation or the corresponding body under a corresponding Act, was the person in whose name the motor vehicle, to which that registration number was assigned, was registered under this Act or a corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth, whether or not that motor vehicle is the same as the motor vehicle about which information is sought; or (ii) the person whose name is disclosed in the records kept by the Corporation or the corresponding body under a corresponding Act as being entitled, or last entitled, to use or possess that number plate at the time when the vehicle was being driven by the person about whom the information is sought or at the time when the requirement is made.". (2) In section 60A of the Principal Act, for sub-section (3) substitute— "(3) For the purposes of this section "owner" means— s. 18 -- 21 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 20 (a) the owner or the person in whose name the trailer was registered at the time when the trailer was attached to the motor vehicle that was being driven by the person about whom the information is sought or at the time when the requirement is made; or (b) any person who had possession or control of the trailer at either of those times; or (c) if the trailer displayed a number plate at either of those times— (i) the person who, at the time at which the registration number borne by that number plate was last assigned by the Corporation or the corresponding body under a corresponding Act, was the person in whose name the trailer, to which that registration number was assigned, was registered under this Act or a corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth, whether or not that trailer is the same as the trailer about which information is sought; or (ii) the person whose name is disclosed in the records kept by the Corporation or the corresponding body under a corresponding Act as being entitled, or last entitled, to use or s. 18 -- 22 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 21 possess that number plate at the time when the trailer was attached to the motor vehicle that was being driven by the person about whom the information is sought or at the time when the requirement is made.". (3) In section 66(1) of the Principal Act, after "stolen motor vehicle" insert "or that the number plates displayed on the motor vehicle were stolen". (4) In section 66(5) of the Principal Act, after paragraph (c) insert— "(ca) if the motor vehicle displays a number plate— (i) the person who, at the time at which the registration number borne by that number plate was last assigned by the Corporation or the corresponding body under a corresponding Act, was the person in whose name the motor vehicle, to which that registration number was assigned, was registered under this Act or a corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth, whether or not that motor vehicle is the same as the motor vehicle involved in the offence; or (ii) the person whose name is disclosed in the records kept by the Corporation or the corresponding body under a corresponding Act as being entitled, or last entitled, to use or possess that number plate at the time of the offence; or". s. 18 s. 18 -- 23 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 22 (5) In section 85 of the Principal Act, in the definition of "owner", after paragraph (c) insert— "(ca) if the motor vehicle displays a number plate— (i) the person who, at the time at which the registration number borne by that number plate was last assigned by the Corporation or the corresponding body under a corresponding Act, was the person in whose name the motor vehicle, to which that registration number was assigned, was registered under this Act or a corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth, whether or not that motor vehicle is the same as the motor vehicle involved in the offence; or (ii) the person whose name is disclosed in the records kept by the Corporation or the corresponding body under a corresponding Act as being entitled, or last entitled, to use or possess that number plate at the time of the offence; or". (6) In section 86(1) of the Principal Act, after "stolen vehicle" insert "or that the number plates displayed on the vehicle were stolen". 19. Offences to be detected by photographic devices In section 66 of the Principal Act, after sub-section (2) insert— "(2A) Despite anything to the contrary in sub- section (2), the payment of a penalty or the recording of demerit points in respect of a prescribed offence— s. 19 -- 24 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 23 (a) may be recorded for the purposes of a heavy vehicle registration suspension scheme within the meaning of section 89(7); and (b) does not prevent the suspension of the registration of a heavy vehicle under that scheme.". 20. New section 81 substituted For section 81 of the Principal Act substitute— "81. Certain matters indicated by speed cameras are sufficient evidence (1) If in proceedings for an offence to which section 66 applies the speed at which a motor vehicle travelled on any occasion is relevant, evidence of the speed of the motor vehicle as indicated or determined on that occasion by— (a) a detection device prescribed for the purposes of section 66 when tested, sealed and used in the prescribed manner; or (b) an image or message produced by a detection device prescribed for the purposes of section 66 when tested, sealed and used in the prescribed manner; or (c) an image or message produced by a prescribed process when used in the prescribed manner— is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of the motor vehicle on that occasion. -- 25 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 24 (2) If in proceedings for an offence to which section 66 applies the speed limit at the time and place at which a motor vehicle travelled on any occasion is relevant, evidence of the speed limit at that time and place as indicated or determined on that occasion by an image or message produced by a prescribed process when used in the prescribed manner is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed limit on that occasion.". 21. Evidence of testing and sealing In section 83 of the Principal Act, omit ", 81". 22. New section 83A inserted After section 83 of the Principal Act insert— '83A. Evidence relating to prescribed detection devices (1) A certificate in the prescribed form purporting to be issued by an authorised person certifying— (a) that a prescribed detection device for the purposes of section 66 was tested, sealed or used in the prescribed manner; or (b) that an image or message described in the certificate was produced by a detection device prescribed for the purposes of section 66 or by a prescribed process; or (c) as to any other matter that appears in, or that can be determined from, the records kept in relation to the detection s. 21 s. 23 -- 26 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 25 device or the prescribed process by the police force of Victoria— is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate. (2) In this section "authorised person" means a person authorised for the purposes of this section by the Chief Commissioner of Police.'. 23. General evidentiary provisions (1) In section 84(1) of the Principal Act, after "Department of Infrastructure" (where first occurring) insert "or an authorised person". (2) In section 84(2) of the Principal Act, after paragraph (a) insert— "(ab) the registration number assigned to a motor vehicle or trailer; or (ac) the person who is entitled to use or possess a number plate bearing a particular registration number; or". (3) In section 84 of the Principal Act, after sub-section (4) insert— "(4A) A certificate containing the prescribed particulars purporting to be issued by the Corporation or the Department of Infrastructure or an authorised person certifying that on a particular date— (a) a particular registration number was assigned to a particular motor vehicle or trailer; or (b) a particular person was entitled to use or possess a number plate bearing a particular registration number— s. 23 -- 27 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 26 is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that on that date that registration number was assigned to that motor vehicle or trailer or that person was entitled to use or possess that number plate, as the case requires. (4B) A certificate or document which purports to have been issued under any Act of the Commonwealth or of another State or Territory of the Commonwealth corresponding to this Act certifying that on a particular date— (a) a particular registration number was assigned under the corresponding Act to a particular motor vehicle or trailer; or (b) a particular person was entitled under the corresponding Act to use or possess a number plate bearing a particular registration number— is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that on that date that registration number was assigned to that motor vehicle or trailer or that person was entitled to use or possess that number plate, as the case requires.". (4) In section 84(7) of the Principal Act, after paragraph (c) insert— "(ca) a number plate bearing a registration number displayed on a motor vehicle involved in the offence is, in the absence of evidence to the contrary, proof that the motor vehicle involved in the offence was the motor vehicle to which that registration number -- 28 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 27 was assigned at the date and time of the offence; or". (5) In section 84 of the Principal Act, after sub-section (7) insert— '(8) In this section— "authorised person" means a person who is authorised or who is the holder of a position authorised for the purposes of this section by the Corporation.'. 24. Payment of penalty In section 89 of the Principal Act, after sub-section (5) insert— "(6) Despite anything to the contrary in this section, the fact that payment of a penalty was made or a conviction was imposed by the court in respect of an infringement for which an infringement notice was served— (a) may be recorded for the purposes of a heavy vehicle registration suspension scheme; and (b) does not prevent the suspension of the registration of a heavy vehicle under that scheme. (7) In sub-section (6) a heavy vehicle registration suspension scheme is a scheme established under the regulations permitting the suspension of the registration of heavy vehicles for speeding offences and includes any corresponding scheme established under the Interstate Road Transport Act 1985 of the Commonwealth or under an Act of another State or Territory.". 25. Cancellation of licence or permit for drink-driving infringements s. 24 -- 29 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 28 In section 89C(1) of the Principal Act, for paragraph (a) substitute— "(a) the blood alcohol concentration specified in the notice is— (i) 0·05 grams per 100 millilitres of blood or more, if section 52 applies to the person; or (ii) 0·07 grams per 100 millilitres of blood or more, in any other case; and". 26. Disclosure of information In section 92 of the Principal Act, after sub- section (2) insert— "(2A) Sub-section (2) does not prevent the disclosure or use of the following information— (a) the fact that a vehicle is or has been entered on the register of written-off vehicles; (b) the date on which, or the period during which, a vehicle was entered on the register of written-off vehicles; (c) any information entered in, or derived from, the register of written-off vehicles that relates to the nature or extent of damage to any vehicle; (d) any other information entered in, or derived from, the register of written-off vehicles that is of a kind prescribed by the regulations.". 27. Application of A.C.T. charges In section 95A(2) of the Principal Act— (a) in paragraph (a), omit "(except Division 3)"; s. 25 s. 27 -- 30 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 29 (b) paragraph (b) is repealed; (c) in paragraph (c), for "referred to in section 2(b) of the Commonwealth Act" substitute "to which section 2(2) of the Commonwealth Act applies". 28. New section 103A inserted After section 103 of the Principal Act insert— "103A. Transitional provisions—Road Safety (Further Amendment) Act 2001 (1) The amendment of section 22(2)(a) made by section 11 of the Road Safety (Further Amendment) Act 2001 has effect only with respect to learner permits granted after the commencement of that section of that Act. (2) The amendment of section 50(1AB)(b) made by section 14 of the Road Safety (Further Amendment) Act 2001 applies only to offences alleged to have been committed on or after the commencement of that section of that Act. (3) For the purposes of sub-section (2), if an offence is alleged to have been committed between two dates, one before and one after the commencement of section 14 of the Road Safety (Further Amendment) Act 2001, the offence is alleged to have been committed before the commencement of that section. (4) The amendment of section 89C(1) made by section 25 of the Road Safety (Further Amendment) Act 2001 applies to any traffic infringement notice issued in respect of a drink-driving infringement on or after the -- 31 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 30 commencement of that section of that Act, irrespective of when the infringement was committed.". 29. Subject-matter for regulations (1) In Schedule 2 to the Principal Act— (a) in item 12, after "trailers" insert "and requiring the Corporation to be notified of written-off vehicles"; (b) in item 13, after "trailers" insert "or of written-off vehicles"; (2) In Schedule 2 to the Principal Act, after item 16B insert— "16C. Requirements to be complied with before a vehicle may be entered on the register of written-off vehicles and procedures for making or refusing to make entries on that register. 16D. Requirements to be complied with before an amendment may be made to the register of written-off vehicles and procedures for amending or refusing to amend that register. 16E. Requirements to be complied with before an entry may be removed from the register of written-off vehicles and procedures for removing or refusing to remove an entry from that register. 16F. The placing or affixing of labels, notices or other marks on written-off vehicles, the requirements to be complied with in relation to displaying or affixing those labels, notices or marks and their removal.". (3) In Schedule 2 to the Principal Act, after item 39A insert— "39B. Requiring the fitting and use of devices to limit the speed of a specified class of heavy vehicles. 39C. Requiring an owner of a heavy vehicle required to be fitted with a speed limiting device to demonstrate that the device is operating properly.". 30. Amendment of Chattel Securities Act 1987 s. 29 -- 32 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 31 In section 13(1)(a) and (b) of the Chattel Securities Act 1987, after "that Act" insert "or that are written-off vehicles within the meaning of that Act". 31. Amendment of Magistrates' Court Act 1989 In Schedule 7 to the Magistrates' Court Act 1989, after clause 9(2) insert— "(3) Despite anything to the contrary in this clause, the making of an enforcement order in relation to an offence which is a traffic infringement within the meaning of the Road Safety Act 1986 does not prevent the incurring of demerit points under section 25 of that Act in relation to that infringement. (4) Despite anything to the contrary in this clause, the making of an enforcement order— (a) may be recorded for the purposes of a heavy vehicle registration suspension scheme within the meaning of section 89(7) of the Road Safety Act 1986; and (b) does not prevent the suspension of the registration of a vehicle under that scheme.". 32. Amendment of Melbourne City Link Act 1995 See: Act No. 15/1987. Reprint No. 2 as at 1 July 1999 and amending Act Nos 99/2000 and 44/2001. LawToday: www.dms. dpc.vic. gov.au s. 30 See: Act No. 51/1989. Reprint No. 7 as at 1 June 2001 and amending Act Nos 92/2000, 99/2000, 32/2001, 44/2001 and 45/2001. LawToday: www.dms. dpc.vic. gov.au -- 33 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 32 (1) In section 69 of the Melbourne City Link Act 1995, in the definition of "owner", after paragraph (c) insert— "(ca) if the vehicle displays a number plate— (i) the person who, at the time at which the registration number borne by that number plate was last assigned by the Roads Corporation or the corresponding body under a corresponding Act, was the person in whose name the motor vehicle, to which that registration number was assigned, was registered under the Road Safety Act 1986 or a corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth, whether or not that vehicle is the same as the vehicle involved in the offence; or (ii) the person whose name is disclosed in the records kept by the Roads Corporation or the corresponding body under a corresponding Act as being entitled, or last entitled, to use or possess that number plate at the time of the offence; or". (2) In section 72(3) of the Melbourne City Link Act 1995, at the end of paragraph (b) insert— "; or (c) a statement that the number plates displayed on the vehicle at the relevant time were stolen.". (3) In section 87(1) of the Melbourne City Link Act 1995, after "stolen vehicle" insert "or that the See: Act No. 107/1995. Reprint No. 3 as at 1 July 1999 and amending Act Nos 4/2000, 69/2000, 74/2000, 81/2000, 32/2001 and 54/2001. LawToday: www.dms. dpc.vic. gov.au s. 32 -- 34 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 33 number plates displayed on the vehicle were stolen". (4) In section 89(2) of the Melbourne City Link Act 1995, after "Department of Infrastructure" insert "or an authorised person". (5) In section 89 of the Melbourne City Link Act 1995, after sub-section (3) insert— "(3A) A certificate containing the prescribed particulars purporting to be issued by the Roads Corporation or the Department of Infrastructure or an authorised person certifying that on a particular date— (a) a particular registration number was assigned to a particular vehicle; or (b) a particular person was entitled, or last entitled, to use or possess a number plate bearing a particular registration number— is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that on that date that registration number was assigned to that vehicle or that person was entitled, or last entitled, to use or possess that number plate, as the case requires. (3B) A certificate or document which purports to have been issued under any Act of the Commonwealth or of another State or Territory of the Commonwealth corresponding to the Road Safety Act 1986 certifying that on a particular date— (a) a particular registration number was assigned under the corresponding Act to a particular vehicle; or s. 32 -- 35 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 34 (b) a particular person was entitled, or last entitled, under the corresponding Act to use or possess a number plate bearing a particular registration number— is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that on that date that registration number was assigned to that vehicle or that person was entitled, or last entitled, to use or possess that number plate, as the case requires.". (6) In section 89 of the Melbourne City Link Act 1995, after sub-section (4) insert— '(5) In this section— "authorised person" means a person who is authorised or who is the holder of a position authorised for the purposes of this section by the Roads Corporation.'. 33. Amendment of Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 For section 9(1) of the Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 substitute— '(1) In section 52 of the Road Safety Act 1986, after sub-section (1D) insert— "(1E) Subject to sub-sections (1F) and (1G), this section also applies during the period of 1 year from the issue of a driver licence which authorises the holder to drive a motor cycle, while the holder is driving or in charge of a motor cycle, whether or not the holder also holds a driver licence which authorises him or her to drive another kind of motor vehicle. s. 33 See: Act No. 23/2001. Statute Book www.dms. dpc.vic. gov.au -- 36 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 35 (1F) If the Corporation is satisfied that a person has appropriate licensed motor cycle driving experience (wherever obtained), it may— (a) waive the application to the person of sub-section (1E); or (b) specify a shorter period than 1 year for the purposes of that sub-section. (1G) If a driver licence referred to in sub- section (1E) is suspended (whether by a court or the Corporation) during the period of 1 year referred to in that sub- section (or the shorter period applying under sub-section (1F)), the period applying to the person for the purposes of sub-section (1E) is extended by a period equal to the period of the suspension.'. 34. Statute law revision (1) In section 4(1) of the Road Safety (Drivers) Act 1991, paragraph (b) is repealed. (2) In section 57(1)(a)(ii) of the Principal Act, after "(4)" insert "or (4A), as the case requires". ═══════════════ s. 34 Act No. 19/1991. -- 37 of 38 -- Act No. 92/2001 Road Safety (Further Amendment) Act 2001 36 ENDNOTES † Minister's second reading speech— Legislative Assembly: 1 November 2001 Legislative Council: 28 November 2001 The long title for the Bill for this Act was "to make miscellaneous amendments to the Road Safety Act 1986, to amend the Chattel Securities Act 1987, the Magistrates' Court Act 1989, the Road Safety (Drivers) Act 1991, the Road Safety (Further Amendment) Act 1991, the Melbourne City Link Act 1995 and the Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 and for other purposes." Endnotes -- 38 of 38 --