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Road Legislation Amendment Act 2013 No. 74 of 2013

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—AMENDMENTS RELATING TO DEMERIT POINT SCHEME 3

Division 1—Amendments to the Road Safety Act 1986 3

3 Sections 25 and 26AA repealed 34 New Part 4 inserted 3

PART 4—DEMERIT POINTS 3

Division 1—Interpretation 3

34 Interpretation 3Division 2—Demerits Register 5

35 Demerits Register 5

Division 3—Holders of Victorian driver licence or learner permit 5

36 Demerit point option notice 537 Further demerit point option notice 738 Extended demerit point period 839 Person elects to extend demerit point period and incurs

no additional demerit points 940 Person elects to extend demerit point period and incurs

additional demerit points 1041 Person fails to elect to extend demerit point period 1142 Suspension of driver licence or learner permit under

this Division 1443 Cancellation of suspension if service ineffective 1544 Effect of cancellation or suspension under other

provision of this Act 1645 Cancellation of demerit point option notice 1746 Effect of cancellation of demerit points on suspension

under section 40 18

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Division 4—Holders of overseas licences and unlicensed drivers 18

46A Driving disqualification notice 1846B Period of disqualification 1946C Cancellation of disqualification if service ineffective 2146D Effect of cancellation of notified demerit points 22

Division 5—General 22

46E Service of notices 2246F Cancelled demerit points to be disregarded 2346G Admissibility of demerit points 2346H Appeal to Magistrates' Court 2346I Stay of suspension or disqualification 25

5 Power of court to cancel, suspend or vary licences and permits 266 Effect of payment of penalty 267 Suspension of licence or permit for excessive speed

infringement or drug-driving infringement 26

Division 2—Consequential amendments to other Acts 26

8 Children, Youth and Families Act 2005 269 Infringements Act 2006 27

PART 3—OTHER AMENDMENTS TO ROAD SAFETY ACT 1986 28

10 What are registration number rights? 2811 Suspension or cancellation of vehicle tester authorisations 2812 New Part 2A inserted 29

PART 2A—RECORDS OF PERSONS DRIVING MOTOR VEHICLES 29

16G Corporation may maintain records of persons driving motor vehicles 29

13 New section 18A inserted 3018A Issue of driver licence or learner permit to holder of

licence or permit issued outside Victoria 3014 New section 21A inserted 31

21A Fee for driver licence 3115 Cancellation, suspension or variation of licences and permits

by Corporation 3116 Appeal to Magistrates' Court 3217 Power of Corporation to require tests to be undergone 3218 Power of court to cancel, suspend or vary licences and permits 3319 Immediate suspension of driver licence or permit in certain

circumstances 34

PART 4—AMENDMENTS TO HEAVY VEHICLE NATIONAL LAW APPLICATION ACT 2013 35

20 Disallowance of national regulations 3521 New section 39A inserted 35

39A Definition 3522 GCM 3523 GVM 3524 Registration 3525 Registration exemption 3626 Registration number 3627 Vehicle register 3628 Unregistered heavy vehicle permit 3629 Compliance with heavy vehicle standards 3630 Requirements about vehicle defect notice 3731 Power to cancel or suspend vehicle registration 3732 Schedule amended 37

PART 5—STATUTE LAW REVISION AMENDMENTS TO ROAD SAFETY ACT 1986 39

33 Service of parking infringement notices 3934 Section 103ZG renumbered as section 103ZH 39

PART 6—REPEAL OF AMENDING ACT 40

35 Repeal of amending Act 40═══════════════

ENDNOTES 41

Road Legislation Amendment Act 2013†

No. 74 of 2013

[Assented to 3 December 2013]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to repeal and replace the provisions of the Road Safety Act 1986 that relate to the demerit point scheme—

(i) to restructure those provisions in a form that is more readable; and

Victoria

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(ii) to provide for procedures for dealing with multiple sanctions arising from the rapid accumulation of demerit points; and

(iii) to extend the application of the demerit point scheme to drivers who do not hold a Victorian driver licence or learner permit; and

(b) to make other amendments to the Road Safety Act 1986 relating to licensing, registration and other matters; and

(c) to make miscellaneous amendments to the Heavy Vehicle National Law Application Act 2013.

2 Commencement

(1) Part 1 and section 33 of this Act come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Subject to subsection (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 subsection (2) does not come into operation before 1 July 2015, it comes into operation on that day.

__________________

s. 2 Section Page

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PART 2—AMENDMENTS RELATING TO DEMERIT POINT SCHEME

Division 1—Amendments to the Road Safety Act 1986

3 Sections 25 and 26AA repealedSee:Act No.127/1986.Reprint No. 15as at20 February 2013and amendingAct Nos19/1991, 34/2011, 75/2012, 76/2012, 22/2013, 30/2013, 43/2013 and 56/2013.LawToday:www.legislation.vic.gov.aus. 3

Sections 25 and 26AA of the Road Safety Act 1986 are repealed.

4 New Part 4 inserted

After Part 3 of the Road Safety Act 1986 insert—

"PART 4—DEMERIT POINTS

Division 1—Interpretation

Part 6—Repeal of Amending Act

Road Legislation Amendment Act 2013No. 74 of 2013

3

34 Interpretation

In this Part—

demerit point option notice means a notice served by the Corporation on the holder of a driver licence or learner permit under section 36(1);

disqualification notice means a notice served by the Corporation on the holder of an overseas licence or an unlicensed driver under section 46A(1);

extended demerit point period means a period of 12 months commencing on the date specified in a demerit point option notice in relation to which the person on whom the notice is served has made an election in accordance with section 38(1);

holder of an overseas licence means a person who holds a driver licence or learner permit issued in an overseas jurisdiction and who is exempt under this Act or regulations made under this Act from holding a Victorian driver licence or learner permit;

unlicensed driver means a person who—

(a) holds neither a Victorian driver licence or a learner permit; and

(b) does not hold a licence or permit issued in another State, Territory or country that exempts the person under the regulations from the requirements of section 18(1)(a);

s. 4Part 6—Repeal of Amending Act


4

Victorian driver licence or learner permit means a driver licence or learner permit granted to a person under this Act.

Division 2—Demerits Register

35 Demerits Register

(1) The Corporation must keep a Demerits Register.

(2) In the Demerits Register, the Corporation must record against any of the following persons any demerit points that are incurred by that person—

(a) the holder of a Victorian driver licence or learner permit;

(b) the holder of an overseas licence;

(c) an unlicensed driver.

(3) The regulations may prescribe the following—

(a) the circumstances in which demerit points are incurred and the number of points incurred in those circumstances;

(b) the determination of the date on which demerit points are to be recorded as incurred;

(c) the circumstances in which demerit points may be cancelled.



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Division 3—Holders of Victorian driver licence or learner permit

36 Demerit point option notice

(1) The Corporation must serve a notice (a demerit point option notice) on—

(a) the holder of a full driver licence or the holder of a learner permit or probationary drive licence who also holds, or has held, a full driver licence if he or she incurs 12 or more demerit points within any 3 year period; and

(b) the holder of a learner permit or probationary driver licence who does not hold, and has never held, a full driver licence if he or she incurs—

(i) 5 or more demerit points within any 12 month period; or

(ii) 12 or more demerit points within any 3 year period.

(2) In addition to containing the prescribed particulars, the notice must—

(a) state that the person may elect to extend the demerit point period; and

(b) specify the date on which the extended demerit point period will commence if the person elects to extend the demerit point period; and

(c) state that if, within 21 days after the date of the service of the notice, the person does not elect to extend the demerit point period, the Corporation may suspend the person's driver licence or learner permit in accordance with section 41; and



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(d) specify the date from which the suspension under section 41 will take effect if the person does not elect to extend the demerit point period.

(3) The Corporation may specify a date as the date on which an extended demerit point period commences even if the driver licence or learner permit is due to expire before that date.

(4) If the Corporation is aware that—

(a) a person is subject to an extended demerit point period in relation to another demerit point option notice; or

(b) a person's driver licence or learner permit is suspended; or

(c) a person's driver licence or learner permit is cancelled with a period of disqualification imposed—

the Corporation may postpone sending the demerit point option notice to the person until after the extended demerit point period or the period of suspension or disqualification (as the case may be) has ended.

37 Further demerit point option notice

(1) This section applies if a person on whom a demerit point option notice (the earlier notice) has been served incurs further demerit points—

(a) after the earlier notice is issued; and

(b) before the date specified in the earlier notice as the date on which the



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extended demerit point period commences.

(2) The Corporation may serve, in accordance with section 36, a further demerit point option notice on the person in relation to the further demerit points.

(3) The date specified in the further demerit point option notice as the date on which the extended demerit point period commences must not be earlier than—

(a) the date on which the extended demerit point period specified in the earlier notice is due to expire; or

(b) if the person's driver licence or learner permit is suspended under section 40 or 41—the date on which the suspension expires.

38 Extended demerit point period

(1) A person on whom a demerit point option notice is served may elect to extend the demerit point period by notifying the Corporation of that election within 21 days after service of the notice.

(2) If, during the extended demerit point period, the driver licence or learner permit of the person is—

(a) suspended; or

(b) cancelled, with a period of disqualification imposed—

for a driving offence that does not attract demerit points (whether the suspension or cancellation is imposed under this Act or otherwise), the extended demerit point period is suspended until the period of suspension or disqualification has ended.



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Example

A person has elected to extend the demerit point period for the 12 month period commencing on 1 January 2015. If during that period the person's driver licence is suspended for 6 months, the extended demerit point period resumes at the end of the suspension and continues up to and including 30 June 2016 (that is, 12 plus 6 months after the commencement of the extended demerit point period).

(3) For the purposes of subsection (2), an extended demerit point period resumes immediately after the end of a period of disqualification regardless of when or whether the person applies for a new licence following that period.

(4) The expiry of a driver licence or learner permit while an extended demerit point period is in force does not affect the extended demerit point period.Example

A person's driver licence expires 6 months after a 12 month extended demerit point period has commenced. The person does not renew the licence until 2 months after it has expired. On the renewal of the licence, 4 months of the extended demerit point period remain.

39 Person elects to extend demerit point period and incurs no additional demerit points

(1) This section applies if a person on whom a demerit point option notice is served—

(a) notifies the Corporation in accordance with section 38(1) that he or she elects to extend the demerit point period; and

(b) incurs no additional demerit points in relation to any offence committed



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within the extended demerit point period.

(2) When calculating demerit points recorded against the person at any time after the extended demerit point period, the Corporation must disregard all the demerit points recorded against the person as at the date of issue of the demerit point option notice.

40 Person elects to extend demerit point period and incurs additional demerit points

(1) This section applies if a person on whom a demerit point option notice is served—

(a) notifies the Corporation in accordance with section 38(1) that he or she elects to extend the demerit point period; and

(b) incurs one or more additional demerit points in relation to any offence committed within the extended demerit point period.

(2) If the person holds a full driver licence or holds a learner permit or probationary driver licence and also holds, or has held, a full driver licence, the Corporation must—

(a) suspend the licence or permit for—

(i) 6 months; and

(ii) an additional 2 months for each 4 demerit points in excess of the 12 recorded against the person as at the date of issue of the demerit point option notice; and

Example

A person who is issued with a demerit point option notice for having incurred 17 demerit



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points elects to extend the demerit point period. During the extended demerit point period, the person incurs a further 3 demerit points. The Corporation must suspend the person's driver licence for 8 months. There are 5 demerit points in excess of 12 demerit points, therefore in addition to 6 months suspension, the person incurs 2 months suspension for 4 of those and the remaining one demerit point is uncounted. The further 3 demerit points incurred during the extended demerit point period are not included in the calculation but they are not to be disregarded at the completion of the period of suspension and may count towards subsequent demerit point option notices.

(b) serve on the person a notice containing the prescribed particulars and specifying the date on which the suspension takes effect.

(3) If the person holds a learner permit or probationary driver licence and does not hold, and has never held, a full driver licence, the Corporation must—

(a) suspend the permit or licence for—

(i) 6 months; and

(ii) an additional 2 months for each 4 demerit points in excess of the 5 recorded against the person as at the date of issue of the demerit point option notice; and

(b) serve on the person a notice containing the prescribed particulars and specifying the date on which the suspension takes effect.

(4) When calculating demerit points recorded against the person at any time after the end of the period of suspension, the Corporation must disregard all the demerit points



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recorded against the person as at the date of issue of the demerit point option notice.

41 Person fails to elect to extend demerit point period

(1) This section applies if a person on whom a demerit point option notice is served does not notify the Corporation in accordance with section 38(1) that he or she elects to extend the demerit point period.

(2) Subject to subsection (3), the Corporation must suspend the person's driver licence (whether or not a probationary driver licence) or learner permit for the period calculated in accordance with subsection (4).

(3) If the demerit point option notice is returned to the Corporation as undelivered to the person, the Corporation must—

(a) take action under subsection (2); or

(b) decide to serve another demerit point option notice on the person under section 36 as soon as practicable after the person—

(i) next applies for, or renews, the person's driver licence or learner permit; or

(ii) next applies to register a motor vehicle, or renew the registration of, a motor vehicle for which the person is the registered operator; or

(iii) otherwise advises the Corporation of the person's current address.

(4) For the purposes of subsection (2), the period for which a person's driver licence or learner permit must be suspended is as follows—



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(a) if the person holds a full driver licence or holds a learner permit or probationary driver licence and also holds, or has held, a full driver licence—

(i) 3 months; and

(ii) an additional one month for each 4 demerit points in excess of the 12 recorded against the person as at the date of issue of the demerit point option notice; or

(b) if the person holds a learner permit or probationary driver licence and does not hold, and has never held, a full driver licence and the demerit point option notice was issued because the person incurred 12 or more demerit points within a 3 year period but not 5 or more within a 12 month period—

(i) 3 months; and

(ii) an additional one month for each 4 demerit points in excess of the 12 recorded against the person as at the date of issue of the demerit point option notice; or

(c) if the person holds a learner permit or probationary driver licence and does not hold, and has never held, a full driver licence and the demerit point option notice was issued because the person incurred 5 or more demerit points within a 12 month period—

(i) 3 months; and



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(ii) an additional one month for each 4 demerit points in excess of the 5 recorded against the person as at the date of issue of the demerit point option notice.

(5) When calculating demerit points recorded against the person at any time after the end of the period of suspension, the Corporation must disregard all the demerit points recorded against the person as at the date of issue of the demerit point option notice.

42 Suspension of driver licence or learner permit under this Division

(1) The suspension of a driver licence or learner permit under section 40(2) or (3) takes effect on and from the date determined by the Corporation and specified in the notice served under that section.Note

The determination of the date by the Corporation is subject to section 44(2).

(2) The suspension of a driver licence or learner permit under section 41(2) takes effect on and from the date determined by the Corporation and specified in—

(a) the demerit point option notice served under section 36(1); or

(b) if a demerit point option notice is returned to the Corporation as undelivered to the person and the Corporation decides under section 41(3)(b) to serve another



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demerit point option notice on the person—the later notice.

Note

The determination of the date by the Corporation is subject to section 44(2).

(3) The Corporation may determine a date as the date on which a suspension under this Division takes effect even if the driver licence or learner permit is due to expire before that date.

(4) The expiry of a driver licence or learner permit suspended under this Division does not affect the period of suspension.

43 Cancellation of suspension if service ineffective

(1) The service of a demerit point option notice or a notice under section 40(2)(b) or (3)(b) is not a condition precedent to a suspension under this Division taking effect.

(2) Despite subsection (1), if at any time after the period of 7 days after the date of issue of the notice the Corporation is satisfied that the holder of the licence or permit has not been served with the notice, it must—

(a) cancel the suspension with effect from the date on which it took effect; and

(b) determine another effective date; and

(c) serve on the person another demerit point option notice or a notice under section 40(2)(b) or (3)(b) (as the case requires) specifying the date determined under paragraph (b).



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(3) Subsection (2) does not apply if—

(a) a person is charged with an offence against section 30 for driving while a suspension under this Division is in effect; and

(b) he or she is found not guilty on the grounds that he or she was not aware at the relevant time that his or her licence or permit had been suspended.

Note

In the circumstances set out in this subsection, it is still open to a court under section 30A to order that the person serve an additional period of suspension of up to the period specified in section 30A(3).

44 Effect of cancellation or suspension under other provision of this Act

(1) If a driver licence or permit suspended under this Division is cancelled or suspended by the Corporation under another provision of this Act or by a court or by operation of this Act—

(a) the period from that cancellation or other suspension taking effect until a new licence or permit is issued or the other suspension is completed (as the case requires) does not count in calculating the period of suspension under this Division; and

(b) the suspension under this Division is stayed during that period.

(2) If the Corporation is required by section 40 or 41 to suspend a driver licence or permit that has been cancelled or suspended by the Corporation under another provision of this



16

Act or by a court or by operation of this Act, the date determined by the Corporation under section 42 must not be earlier than the date on which a new licence or permit is issued or the other suspension is completed, as the case requires.

45 Cancellation of demerit point option notice

(1) This section applies if—

(a) some or all of the demerit points recorded against a person as at the date of issue of the demerit point option notice are cancelled; and

(b) without those demerit points the conditions specified in section 36(1) for the issuing of the notice do not exist.

(2) If the person has elected to extend the demerit point period in response to the notice—

(a) the extended demerit point period is cancelled; and

(b) the Corporation must cancel any suspension of the person's driver licence or learner permit under section 40(2) or (3).

(3) If the person has not made an election to extend the demerit point period in response to the notice, the Corporation must cancel any suspension under section 41.

(4) Any demerit points recorded against the person as at the date of issue of the demerit point option notice that are not cancelled may continue to be regarded for the purposes of this Part.Note



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In certain circumstances, the demerit points that are not cancelled may contribute to a subsequent demerit point option notice being issued.

46 Effect of cancellation of demerit points on suspension under section 40

(1) The Corporation must cancel the suspension of a person's driver licence or learner permit under section 40(2) or (3) if all the demerit points incurred during the extended demerit point period that gave rise to the suspension are cancelled.

(2) If the suspension of a person's driver licence or learner permit is cancelled under subsection (1), the extended demerit point period continues as if the suspension had not occurred.

(3) The Corporation must recalculate and, if necessary, adjust a period of suspension imposed on a person under section 40(2) or (3) if—

(a) any of the demerit points recorded against the person as at the date of issue of the demerit point option notice are cancelled; and

(b) without those points, the conditions specified in section 36(1) for the issuing of the notice continue to exist.

Division 4—Holders of overseas licences and unlicensed drivers

46A Driving disqualification notice

(1) If the holder of an overseas licence or an unlicensed driver incurs the number of demerit points specified in subsection (2), the Corporation must—



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(a) serve a notice (a disqualification notice) containing the prescribed particulars on the person; and

(b) in accordance with section 46B, disqualify the person from driving a motor vehicle in Victoria and from obtaining a Victorian driver licence or learner permit.

(2) For the purposes of subsection (1), the number of demerit points are—

(a) in the case of the holder of an overseas licence or an unlicensed driver who is 22 years of age or older—12 or more demerit points within any 3 year period; and

(b) in the case of the holder of an overseas licence or an unlicensed driver who is under 22 years of age—

(i) 5 or more demerit points within any 12 month period; or

(ii) 12 or more demerit points within any 3 year period.

46B Period of disqualification

(1) For the purposes of section 46A(1)(b), the period for which the holder of an overseas licence or an unlicensed driver must be disqualified from driving and from obtaining a driver licence or learner permit is—

(a) if the person is 22 years of age or older—

(i) 3 months; and

(ii) an additional one month for each 4 demerit points in excess of the 12 recorded against the person as



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at the date of issue of the disqualification notice; or

(b) if the person is under 22 years of age and the disqualification notice was issued because the person incurred 12 or more demerit points within a 3 year period but not 5 or more within a 12 month period—

(i) 3 months; and

(ii) an additional one month for each 4 demerit points in excess of the 12 recorded against the person as at the date of issue of the disqualification notice; or

(c) if the person is under 22 years of age and the disqualification notice was issued because the person incurred 5 or more demerit points within a 12 month period—

(i) 3 months; and

(ii) an additional one month for each 4 demerit points in excess of the 5 recorded against the person as at the date of issue of the disqualification notice.

(2) The period of disqualification takes effect from the date determined by the Corporation and specified in the disqualification notice.

(3) When calculating demerit points recorded against the person at any time after the end of the period of disqualification, the Corporation must disregard all the demerit points recorded against the person as at the date of issue of the disqualification notice.



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46C Cancellation of disqualification if service ineffective

(1) The service of a disqualification notice is not a condition precedent to a disqualification under this Division taking effect.

(2) Despite subsection (1), if at any time after the period of 7 days after the date of issue of the notice the Corporation is satisfied that the holder of the overseas licence or the unlicensed driver has not been served with the notice, it must—

(a) cancel the disqualification with effect from the date on which it took effect; and

(b) determine another effective date; and

(c) serve on the person another disqualification notice specifying the date determined under paragraph (b).

(3) Subsection (2) does not apply if—

(a) a person is charged with an offence against section 30 for driving during a period of disqualification from obtaining a driver licence or learner permit imposed under this Division; and

(b) he or she is found not guilty on the grounds that he or she was not aware at the relevant time that he or she was disqualified from obtaining a driver licence or learner permit.

Note

In the circumstances set out in this subsection, it is still open to a court under section 30A to order that the person serve an additional period of



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disqualification of up to the period specified in section 30A(3).

46D Effect of cancellation of notified demerit points

(1) This section applies if—

(a) some or all of the demerit points recorded against a person as at the date of issue of the disqualification notice are subsequently cancelled; and

(b) without those demerit points the conditions specified in section 46A(1) for the issuing of the notice do not exist.

(2) The period of disqualification under section 46B is cancelled.

(3) Any demerit points recorded against the person as at the date of issue of the disqualification notice that are not cancelled may continue to be regarded for the purposes of this Part.Note

In certain circumstances, the demerit points that are not cancelled may contribute to a subsequent disqualification notice being issued.

Division 5—General

46E Service of notices

A notice under this Part posted to a person at his or her current address as shown in any record maintained under this Act is taken to have been served on that person 7 days after the date of issue of the notice.



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46F Cancelled demerit points to be disregarded

When calculating demerit points recorded against a person, the Corporation must disregard any demerit points that are cancelled.

46G Admissibility of demerit points

The fact that demerit points are recorded against a person is not admissible in evidence except—

(a) in proceedings on an appeal under section 46H(1) or (2); or

(b) if it is necessary to give evidence of that fact in order to establish—

(i) that the person had been sent a notice advising him or her that he or she had incurred demerit points; or

(ii) that the person's driver licence or learner permit had been suspended under this Part or that the person had been disqualified under this Part from driving and from obtaining a driver licence or learner permit; or

(iii) that the person had been served with a notice advising him or her of that suspension or disqualification.

46H Appeal to Magistrates' Court

(1) Subject to subsection (3), the holder of a driver licence or learner permit may appeal



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to the Magistrates' Court against the suspension of his or her driver licence or learner permit by the Corporation under section 40(2)(a) or (3)(a) or 41.

(2) Subject to subsection (3), the holder of an overseas licence or an unlicensed driver may appeal to the Magistrates' Court against his or her disqualification from driving and from obtaining a driver licence or learner permit by the Corporation under section 46A(1)(b).

(3) An appeal under subsection (1) or (2)—

(a) must be made in accordance with the regulations; and

(b) may only be made on either or both of the following grounds—

(i) that the Corporation recorded certain demerit points other than as required by the regulations;

(ii) that an error has been made in the addition of the number of demerit points incurred by the appellant in a relevant period.

Note

In certain circumstances the Corporation is required to record demerit points against the responsible person in relation to the motor vehicle—see section 84BC(4).

(4) If the Magistrates' Court is satisfied that the suspension or disqualification was required by the regulations or this Part, the Court must confirm the suspension or disqualification.

(5) In allowing an appeal under subsection (1) or (2), the Court may direct the Corporation—



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(a) to record the demerit points as required by the regulations; or

(b) to correct the error made in the addition of the number of demerit points incurred by the appellant in a relevant period.

(6) In dismissing an appeal under subsection (1) or (2), the Magistrates' Court may, if the suspension or disqualification has been stayed under section 46I, order that the suspension or disqualification take effect from a date specified in the order.

(7) The Corporation must give effect to every decision of the Magistrates' Court on an appeal under this section.

46I Stay of suspension or disqualification

(1) The giving of a notice of appeal under section 46H against a suspension or disqualification does not stay the suspension or disqualification.

(2) A person, other than an unlicensed driver, who appeals under section 46H against a suspension or disqualification may apply to the Magistrates' Court for a stay of the suspension or disqualification until the appeal is determined.

(3) On an application under subsection (2), the Magistrates' Court may order that the suspension or disqualification is stayed until—

(a) the date on which the appeal is determined; or

(b) if the appeal is discontinued, the date on which notice in writing of discontinuance is given in accordance



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with the regulations to both the Magistrates' Court and the Corporation.

(4) The Magistrates' Court may only make an order under subsection (3), if—

(a) the Court is satisfied that the applicant has a reasonable prospect of success with the appeal; and

(b) in the 3 years preceding the application under subsection (2), the applicant has not had his or her driver licence or learner permit suspended or cancelled.

(5) The Corporation must give effect to a decision of the Magistrates' Court on an application under this section.

__________________".

5 Power of court to cancel, suspend or vary licences and permits

In the note at the foot of section 28 of the Road Safety Act 1986, for "section 25 (see section 25(4C) and (4D))" substitute "Part 4 (see section 44)".

6 Effect of payment of penalty

In section 89(5) of the Road Safety Act 1986, for "section 25" substitute "Part 4".

7 Suspension of licence or permit for excessive speed infringement or drug-driving infringement

In the note at the foot of section 89D of the Road Safety Act 1986, for "section 25 (see section 25(4C) and (4D))" substitute "Part 4 (see section 44)".

Division 2—Consequential amendments to other Acts

8 Children, Youth and Families Act 2005



26

In clause 12(3) of Schedule 3 to the Children, Youth and Families Act 2005, for "section 25" substitute "Part 4".

9 Infringements Act 2006

In sections 34(a) and 61(3) of the Infringements Act 2006, for "section 25" substitute "Part 4".

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27

PART 3—OTHER AMENDMENTS TO ROAD SAFETY ACT 1986

10 What are registration number rights?

(1) In section 5AD(1) of the Road Safety Act 1986—

(a) in paragraph (a) omit "or, with the consent of that person, to any other vehicle registered by the Corporation";

(b) in paragraph (c) for "any" substitute "the".

(2) In section 5AD(2) of the Road Safety Act 1986—

(a) in paragraph (e) for "death; and" substitute "death.";

(b) paragraph (f) is repealed.

11 Suspension or cancellation of vehicle tester authorisations

(1) After section 15A(1) of the Road Safety Act 1986 insert—

"(1A) If the authorisation of a person is cancelled under subsection (1), the Corporation may, in accordance with the regulations, disqualify the person from applying for a further authorisation under regulations made under item 9 of Schedule 2 until such time that the person demonstrates to the satisfaction of the Corporation that the matters leading to the cancellation of the authorisation have been addressed.".

(2) In section 15A(5) of the Road Safety Act 1986, after "that authorisation" insert "or to disqualify the holder of the authorisation from applying for a further authorisation".

(3) In section 15A(8)(a) of the Road Safety Act 1986, for "suspension or cancellation" substitute "suspension, cancellation or disqualification".



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12 New Part 2A inserted

After Part 2 of the Road Safety Act 1986 insert—

"PART 2A—RECORDS OF PERSONS DRIVING MOTOR VEHICLES

16G Corporation may maintain records of persons driving motor vehicles

(1) The Corporation may create and maintain a record in relation to any person who drives, or intends to drive, a motor vehicle on a highway.

(2) The Corporation may create a record in relation to a person—

(a) when the person first applies for a driver licence or learner permit under this Act; or

(b) if the person does not hold a driver licence or learner permit granted under this Act—when the person comes to the attention of the Corporation or Victoria Police in relation to the use of a motor vehicle by the person; or

(c) in any other prescribed circumstances.

(3) The information that may be recorded against a person in the record is as prescribed.Note

See also section 35 which requires the Corporation to record demerit points against persons driving a motor vehicle on a highway.

__________________".



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13 New section 18A inserted

After section 18 of the Road Safety Act 1986 insert—

"18A Issue of driver licence or learner permit to holder of licence or permit issued outside Victoria

(1) If a person is granted a driver licence or learner permit under this Act (a Victorian licence or permit), any driver licence or learner permit held by the person issued in another State or a Territory or an overseas jurisdiction (a non-Victorian licence or permit) ceases to authorise the person to drive a motor vehicle on a highway unless—

(a) the Victorian licence or permit expires; or

(b) the Corporation agrees to cancel the Victorian licence or permit at the request of the person.

Note

Consequently, the person has no authority to drive a motor vehicle on a highway if, as a result of an offence committed by the person—

(a) the person's Victorian licence or permit is suspended; or

(b) the person's Victorian licence or permit is cancelled (whether or not the person is also disqualified from obtaining a driver licence or learner permit).



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(2) A person who is requested to produce for inspection his or her driver licence document or permit document by anyone referred to in section 59(1)(a) must not produce a non-Victorian licence or permit held by the person that does not authorise the person to drive a motor vehicle on a highway.

Penalty: 10 penalty units.".


After section 21 of the Road Safety Act 1986 insert—

"21A Fee for driver licence

(1) Subject to the regulations, the fees payable for the grant or renewal of a driver licence are as follows—

(a) in the case of a 3 year licence—5·59 fee units;

(b) in the case of a 4 year licence—7·45 fee units;

(c) in the case of a 10 year licence—19·15 fee units.

(2) The regulations may provide that a fee other than the fee specified in subsection (1), or that no fee, is payable for the grant or renewal of a driver licence.".

15 Cancellation, suspension or variation of licences and permits by Corporation

(1) After section 24(1)(b) of the Road Safety Act 1986 insert—

"(ba) disqualify a person whose driver licence or permit has been cancelled under paragraph (b) from obtaining a driver licence or permit



31

for the period determined in accordance with the regulations;".

(2) After section 24(2)(b) of the Road Safety Act 1986 insert—

"(ba) disqualify a person whose driver licence or permit has been cancelled under this section from obtaining a driver licence or permit for the period determined in accordance with the regulations;".

16 Appeal to Magistrates' Court

(1) In section 26(1) of the Road Safety Act 1986—

(a) in paragraph (b) after "permit" insert "or disqualify a person from obtaining a driver licence or permit";

(b) for "applicant or holder" substitute "applicant, holder or person".

(2) In section 26(2)(a) and (3) of the Road Safety Act 1986 for "cancellation or variation" substitute "cancellation, variation or disqualification".

17 Power of Corporation to require tests to be undergone

(1) After section 27(1) of the Road Safety Act 1986 insert—

"(1A) The Corporation may require a person who is exempted under the regulations from the requirement under section 18(1)(a) to hold a driver licence or learner permit to undergo a test to determine—

(a) if the person is unfit to drive motor vehicles or a category of motor vehicles; or

(b) if it is dangerous for the person to drive motor vehicles or a category of motor vehicles.".



32

(2) In section 27(2) of the Road Safety Act 1986, for "subsection (1)" substitute "subsections (1) and (1A)".


(a) for "a relevant person to undergo a test" substitute "a person to undergo a test under this section";

(b) in paragraph (b) for "subsection (1)" substitute "subsections (1) and (1A)".

18 Power of court to cancel, suspend or vary licences and permits

(1) After section 28(1B) of the Road Safety Act 1986 insert—

"(1C) Unless a category of motor vehicles is explicitly excluded under subsection (2), an order under subsection (1)(b) suspending or cancelling a person's driver licence or learner permit applies in relation to all categories of motor vehicle.".

(2) In section 28(2) of the Road Safety Act 1986 for "may be limited in its application to a category or categories of motor vehicles" substitute "may specify a category or categories of motor vehicles to which the order does not apply".

(3) After section 28(3) of the Road Safety Act 1986 insert—

"(3A) If under subsection (1) a court disqualifies a person from obtaining a driver licence the court must specify the period of disqualification.".



33


(a) omit "(without affecting the power of the court to impose a longer period)";

(b) omit "or, if no period is specified, for 3 months".

19 Immediate suspension of driver licence or permit in certain circumstances

After section 51(3C) of the Road Safety Act 1986 insert—

"(3CA) If—

(a) a person's driver licence or permit is suspended in accordance with a notice under subsection (1B); and

(b) after the period of suspension a traffic infringement notice is issued against the person in respect of the alleged offence; and

(c) the person does not give a notice of objection to the traffic infringement notice within the 28 day period for doing so; and

(d) the person's driver licence or permit is cancelled under section 89C(1)—

the period for which the person is disqualified under section 89C(1) from obtaining a driver licence or permit is reduced by the period of the suspension.".

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34

PART 4—AMENDMENTS TO HEAVY VEHICLE NATIONAL LAW APPLICATION ACT 2013

20 Disallowance of national regulationsSee:Act No.30/2013.Statute Book:www.legislation.vic.gov.aus. 20

In section 6(1)(b) of the Heavy Vehicle National Law Application Act 2013, after "section 15(1)" insert "or 23(2)(a)(ii)".


After section 39 of the Heavy Vehicle National Law Application Act 2013 insert—

"39A Definition

In this Part—

corresponding registration law means a law of a participating jurisdiction that provides for the registration of vehicles in substantially the same terms as in the Road Safety Act 1986.".

22 GCM

In section 41 of the Heavy Vehicle National Law Application Act 2013, after "Road Safety Act 1986" insert "or another corresponding registration law".

23 GVM

In section 42 of the Heavy Vehicle National Law Application Act 2013, after "Road Safety Act

Part 6—Repeal of Amending Act


35

1986" insert "or another corresponding registration law".

24 Registration

In section 43 of the Heavy Vehicle National Law Application Act 2013, after "Road Safety Act 1986" (wherever occurring) insert "or under another corresponding registration law".

25 Registration exemption

In section 44 of the Heavy Vehicle National Law Application Act 2013, after "Road Safety Act 1986" insert "or under another corresponding registration law".

26 Registration number


27 Vehicle register


28 Unregistered heavy vehicle permit

In section 47 of the Heavy Vehicle National Law Application Act 2013, after "under that Act" insert "or by an authority under a corresponding registration law".

29 Compliance with heavy vehicle standards

In section 48 of the Heavy Vehicle National Law Application Act 2013—

(a) after "Road Safety Act 1986" (where first occurring) insert "or to an authority when



36

the vehicle was registered under a corresponding registration law";

(b) after "Roads Corporation" (where secondly occurring) insert "or an authority under a corresponding registration law";

(c) after "Road Safety Act 1986" (where secondly occurring) insert "or under the corresponding registration law";

(d) after "Road Safety Act 1986" (where thirdly occurring) insert ", or by an authority under a corresponding registration law,".

30 Requirements about vehicle defect notice

In section 51 of the Heavy Vehicle National Law Application Act 2013, after "Roads Corporation" insert "or by an authority under a corresponding registration law".

31 Power to cancel or suspend vehicle registration

In section 52 of the Heavy Vehicle National Law Application Act 2013, after "Roads Corporation" insert "or an authority under a corresponding registration law (as the case requires)".

32 Schedule amended

(1) For item 11.5 of Part 2 of the Schedule to the Heavy Vehicle National Law Application Act 2013 substitute—

'11.5 In section 61(1B)—

(a) in paragraph (b), after "a motor vehicle" insert "other than a heavy vehicle";

(b) after paragraph (b) insert—

"(ba) in the case of an offence alleged against the registered owner of a heavy vehicle—the address appearing as the address of the



37

registered operator in the certificate of registration of the heavy vehicle for the time being in force under the Heavy Vehicle National Law (Victoria) or under any law of a place outside Victoria which contains provisions corresponding to that Law for registration of a heavy vehicle; and".'.

(2) In item 14.2 of Part 2 of the Schedule to the Heavy Vehicle National Law Application Act 2013, in proposed section 42B(1)(a) of the Motor Car Traders Act 1986, for "car" (wherever occurring) substitute "heavy vehicle".

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38

PART 5—STATUTE LAW REVISION AMENDMENTS TO ROAD SAFETY ACT 1986

33 Service of parking infringement notices

In section 87(1AF) of the Road Safety Act 1986 after "Department" insert "of Transport, Planning and Local Infrastructure".

34 Section 103ZG renumbered as section 103ZH

In section 103ZG of the Road Safety Act 1986 (where secondly occurring) for "103ZG" substitute "103ZH".

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39

PART 6—REPEAL OF AMENDING ACT

35 Repeal of amending Act

This Act is repealed on 1 January 2016.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Endnotes


41

† Minister's second reading speech—

Legislative Assembly: 16 October 2013

Legislative Council: 31 October 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986 in relation to the demerit point scheme, licensing and registration and other matters, to amend the Heavy Vehicle National Law Application Act 2013 in relation to miscellaneous matters and for other purposes."

road legislation amendment act 2013 - victorian …file/13-074a.docx · web viewpage road...

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