road safety (drivers) regulations 1999

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Road Safety (Drivers) Regulations 1999 S.R. No. 26/1999

TABLE OF PROVISIONS

Regulation Page

PART 1—PRELIMINARY 1

101. Objective 1 102. Authorising provision 1 103. Commencement 1 104. Definitions 2

PART 2—DRIVER LICENCES AND PERMITS 5

Division 1—General 5

201. Eligibility to apply for licence or permit 5 202. Driver licences and learner permits 7 203. Requirements for applying for licence 10 204. Surrender of current driver licence or permit 11 205. Refusal of driver licence or learner permit 12 206. Issue of driver licence or learner permit 13 207. Conditions on driver licences or learner permits 13 208. Licence expiry date 15 209. Notice of renewal of driver licence 15 210. Renewal of a driver licence 16

Division 2—Learner and probationary drivers 18

211. Vehicle power restrictions 18 212. Duration of learner permit 19 213. Restrictions affecting learner drivers 20 214. Learners must display appropriate plates 21 215. Duration of probationary licence 21 216. Certain licences need not be probationary 22 217. Probationary drivers must have "P" plates 22 218. Suspension of a probationary licence 23 219. Passenger restriction for probationary driver licences 23

Division 3—Exemptions 24

220. Drivers under instruction 24 221. Licences etc issued outside Victoria 24

Regulation Page

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Division 4—Other requirements 26

222. Form of document 27 223. Issue of replacement driver licence or permit 27 224. Records 28 225. Change of name, address or condition 28 226. Tests 29 227. Verification of record and monitoring of compliance 30 228. Notification offences 31

PART 3—VARIATION, SUSPENSION OR CANCELLATION 32

Division 1—Demerit Points 32

301. Demerit points 32 302. Notification of too many demerit points 36

Division 2—Cancellation etc. by Corporation 37

303. Variation, suspension or cancellation of driver licence or permit 37 304. Procedures for variation, suspension and cancellation of driver

licence or permit 39

PART 4—REVIEW RIGHTS 41

401. Corporation to ensure notification of review rights 41 402. Application for internal review 41 403. Application for external review 42 404. Appeals about demerit points 43 405. Affected person entitled to be given reasons 43

PART 5—DRIVING HOURS 45

Division 1—General 45

501. Definitions 45 502. Calculation of time 48 503. Sleeping berths 49 504. Other offences 49

Division 2—Commercial Buses 50

505. Driving hours—solo drivers 50 506. Driving hours—two-up drivers 51 507. Person who is two-up driver then solo driver during a week 52

Division 3—Heavy Trucks 52

508. Driving hours 52

Regulation Page

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Division 4—Driving records 53

509. Application of Division 53 510. Obligation to make and carry driving record 53 511. Form of driving record 55 512. Obtaining a log book 55 513. Driver must give driving record to employer 56 514. Defacing, destroying or altering a log book 57 515. Making a false statement 58 516. Misusing a log book 58 517. Unlawful interference with an automatic recording device 59 518. Lost, stolen or destroyed log book 59 519. Trips under 100 kilometres radius—employer's obligation 59 520. Obligations of interstate drivers 60 521. Limited exemptions-literacy 60 522. Exemptions—emergencies 61 523. Exemption—Fatigue management programs 61

Division 5—Evidence 62

524. Evidence 62

PART 6—FEES 63

601. Fees 63 602. Search and extract fees 63 603. Application of fees 63 604. Refunds of fees 64

PART 7—TRANSITIONAL PROVISIONS 65

701. Licence or permits issued under revoked regulations 65 __________________

SCHEDULES 66

SCHEDULE 1—Offences for which probationary licences must be suspended 66

SCHEDULE 2—General fees 68

SCHEDULE 3—Search and extract fees 70 ═══════════════

NOTES 71

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STATUTORY RULES 1999

S.R. No. 26/1999

Road Safety Act 1986

Road Safety (Drivers) Regulations 1999

The Governor in Council makes the following Regulations:

Dated: 16 March 1999

Responsible Minister:

GEOFF CRAIGE Minister for Roads and Ports

STACEY ROBERTSON Acting Clerk of the Executive Council

PART 1—PRELIMINARY

101. Objective

The objective of these Regulations is to make provision under the Road Safety Act 1986 for driver licences and permits, hours of driving of heavy trucks and commercial buses and the charging of fees.

102. Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

103. Commencement

These Regulations come into operation on 1 May 1999.

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104. Definitions

In these Regulations—

"appropriate fee", in relation to an amount payable under a provision of these Regulations, means the amount (if any) prescribed in Schedule 2 or 3 as being payable under that provision;

"Australian driver licence" means a driver licence, probationary driver licence, conditional driver licence, or licence receipt (other than a learner permit or learner licence) issued under a law in force in Victoria or another jurisdiction authorising the holder to drive a motor vehicle on a highway;

"car" means a motor vehicle, other than a motor cycle or motor trike, with a GVM of not more than 4·5 tonnes or that is constructed or equipped to seat not more than 12 adults including the driver;

"converter dolly" means a trailer with one axle group or single axle and a fifth wheel coupling designed to convert a semi-trailer into a dog trailer;

"driver under instruction plate" means—

(a) if displayed on a car, a plate approximately 150 millimetres by 150 millimetres bearing the words "driver under instruction" in black letters clearly marked on a yellow background; and

(b) if displayed on a heavy vehicle or bus, a plate approximately 525 millimetres by 250 millimetres bearing the words "driver under instruction" in black

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letters clearly marked on a yellow background;

"expiry date" means the expiry date referred to in regulation 208;

"high powered motor vehicle" means a motor vehicle (other than a motor cycle or motor trike) which—

(a) has a power mass ratio which exceeds 125 kilowatts per tonne; or

(b) has an engine capacity which exceeds 35 litres per tonne of the unladen mass of the motor vehicle;

"jurisdiction" means an Australian state or internal territory;

"L plate" means a plate measuring approximately 150 millimetres by 150 millimetres that has a black letter "L" clearly marked on a yellow background;

"learner driver" means a person who has a learner permit (including an interstate learner permit) and does not have an appropriate driver licence or other permit;

"medical practitioner" means a person registered or licensed as a medical practitioner under the law of Victoria or the law of another Australian State or Territory that provides for the registration or licensing of such persons;

"motor cycle licence" means a licence referred to in regulation 202(1)(g);

"motor trike" means a motor vehicle with 3 wheels, but does not include a motor cycle with a side car attached or a motor vehicle with 3 wheels that has a body type that is

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similar to, or is commonly known as, a sedan, station wagon, coupe convertible, roadster, utility, tray top or van;

"personal particulars", in relation to a person, means the first name, second and third initials (if any) and family name of the person, the person's date of birth, the person's residential address and, if there is no postal service to the person's residential address, an address for the service of notices;

"P plate" means a plate measuring approximately 150 millimetres by 150 millimetres that has a white letter "P" clearly marked on a red background;

"power mass ratio", in relation to a motor vehicle, means the ratio between the power output of the engine of the motor vehicle at the time of its manufacture including any additional output resulting from any modification to the motor vehicle after its manufacture expressed in kilowatts and the unladen mass of the motor vehicle expressed in tonnes;

"the Act" means the Road Safety Act 1986.

_______________

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PART 2—DRIVER LICENCES AND PERMITS

Division 1—General

201. Eligibility to apply for licence or permit

(1) The following persons are not eligible to apply for a driver licence or permit—

(a) a person who is disqualified from driving under the law of Victoria or another Australian State or Territory;

(b) a person whose Australian driver licence has been suspended, during the period of that suspension;

(c) a person who is disqualified from driving under the law of another country in circumstances which, if they occurred in Victoria, would have resulted in the person being disqualified from driving in Victoria.

(2) For the purposes of section 19(2)(c) of the Act, it is a requirement for being granted a driver licence—

(a) that the person be a resident of Victoria; and

(b) in the case of an application for a car driver licence that the person has held a car learner permit for—

(i) if the person is less than 25 years old, not less than 6 months immediately before obtaining a car driver licence; or

(ii) if the person is at least 25 years old, for not less than 3 months immediately before obtaining a car driver licence; and

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(c) in the case of an application for a motor cycle licence that the person has—

(i) held a motor cycle learner permit for at least 3 months immediately before obtaining a motor cycle licence; or

(ii) has completed a training course in motor cycle driving that is approved by the Corporation; and

(d) in the case of an application for a light rigid vehicle licence or medium rigid vehicle licence, that the person has, at some time, held an Australian driver licence to drive a car for a period of at least 12 months; and

(e) in the case of an application for a heavy rigid vehicle licence that the person has, at some time, held an Australian driver licence to drive a car for a period of at least 24 months; and

(f) in the case of an application for a heavy combination vehicle licence, that the person has, at some time, held an Australian driver licence to drive a car for a period of at least 24 months and an Australian driver licence to drive a medium rigid vehicle or heavy rigid vehicle for a period of at least 12 months; and

(g) in the case of an application for a multi-combination vehicle licence, that the person has—

(i) at some time, held an Australian driver licence to drive a heavy combination vehicle or a heavy rigid vehicle for a period of at least 12 months; and

(ii) completed a driver training course approved by the Corporation.

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(3) A person is exempted from the requirements of paragraphs (b) to (g) of sub-regulation (2) if the person holds an Australian driver licence of a category or class equivalent to the category of licence applied for.

(4) In calculating the periods for which a person has held a driver licence referred to in sub-regulation (2)—

(a) some or all of the periods during which the person has held a licence to drive a motor vehicle in an external Territory of Australia or another country may be taken into account; and

(b) any period for which the person's driver licence has been suspended or the person has been disqualified from driving must be excluded.

(5) The Corporation may reduce the minimum period required under sub-regulation (2)(b)(i) or (ii) if the person has held a motor cycle licence or motor cycle learner permit for at least 12 months.

(6) The Corporation may exempt a person from the requirements of sub-regulation (2)(d), (e), (f) or (g) if the nature of the person's occupation or employment or family circumstances are such that compliance with the regulation would impose undue hardship on the person or the person's family having regard to the likely effect of the exemption on safe, efficient and equitable road use in Victoria.

202. Driver licences and learner permits

(1) For the purposes of these Regulations, the categories of driver licence and learner permit are—

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(a) car;

(b) light rigid vehicle;

(c) medium rigid vehicle;

(d) heavy rigid vehicle;

(e) heavy combination vehicle;

(f) multi-combination vehicle;

(g) motor cycle.

(2) The holder of a motor cycle licence or motor cycle learner permit may drive a motor cycle or motor trike.

(3) The holder of a car licence or car learner permit may drive a motor vehicle other than—

(a) a motor cycle or motor trike; or

(b) a motor vehicle with a GVM of more than 4·5 tonnes or that is constructed or equipped to seat more than 12 adults including the driver.

(4) The holder of a light rigid vehicle licence may drive a motor vehicle that—

(a) has a GVM greater than 4·5 tonnes but not greater than 8 tonnes; or

(b) seats more than 12 adults (including the driver) and has a GVM not greater than 8 tonnes.

(5) The holder of a medium rigid vehicle licence may drive a motor vehicle that has 2 axles and a GVM greater than 8 tonnes.

(6) The holder of a heavy rigid vehicle licence may drive—

(a) a motor vehicle that has 3 or more axles and a GVM greater than 8 tonnes; or

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(b) a bus consisting of more than one rigid section with passenger access between the sections and the sections connected to one another so as to allow rotary movement between the sections.

(7) The holder of a heavy combination vehicle licence may drive—

(a) a prime mover to which is attached a single semi-trailer that has a GVM greater than 9 tonnes plus any unladen converter dolly; or

(b) a rigid motor vehicle to which is attached a trailer that has a GVM greater than 9 tonnes plus any unladen converter dolly.

(8) The holder of a multi-combination vehicle licence may drive any motor vehicle or combination of vehicles other than a motor cycle or a motor trike.

(9) The holder of a driver licence may, in addition to driving motor vehicles authorised by that category of driver licence, drive vehicles authorised by any category in paragraphs (a) to (f) of sub-regulation (1) that is listed in alphabetical order before the first mentioned category.

(10) The holder of a driver licence of the category car or light rigid vehicle may drive a motor vehicle in that licence category that is towing a single trailer with a GVM not greater than 9 tonnes.

(11) The holder of a driver licence of the category medium rigid or heavy rigid may drive a motor vehicle in that licence category that is towing a single trailer (other than a semi-trailer) that has a GVM not greater than 9 tonnes.

(12) A licence category may be shown on a driver licence or learner permit by means of a code set out in Table 202.

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(13) In Table 202, the code in column 1 refers to the category of driver licence or learner permit set out opposite that code in column 2.

Table 202

Column 1 Licence or permit code

Column 2 Licence or permit category

R motor cycle C car LR light rigid vehicle MR medium rigid vehicle HR heavy rigid vehicle HC heavy combination vehicle MC multi-combination vehicle

203. Requirements for applying for licence

(1) An applicant for the issue or variation of a driver licence or learner permit must give the Corporation an application in writing that contains or is accompanied by—

(a) personal particulars of the applicant; and

(b) evidence to verify those personal particulars; and

(c) the appropriate fees.

(2) The Corporation may require an applicant for the issue or variation of a driver licence or permit—

(a) to have his or her photograph taken or digitised image made or to provide a photograph or digitised image in a form specified by the Corporation; and

(b) to provide a specimen signature; and

(c) in the case of a person who has been disqualified from driving in another jurisdiction after being convicted of an

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offence involving alcohol or other drugs, to provide evidence that the applicant has—

(i) complied with any requirements of the law of that jurisdiction relating to the assessment of drivers convicted of offences involving alcohol or other drugs; or

(ii) completed an accredited drink driving education program.

204. Surrender of current driver licence or permit

(1) If an applicant for a driver licence or permit, or a variation of a driver licence or permit, holds a current licence or permit to drive a motor vehicle issued in another Australian State or Territory or another country, the applicant must surrender that licence or permit to the Corporation before the issue of the driver licence or permit in Victoria.

Penalty: 2 penalty units.

(2) The Corporation may exempt a person from surrendering a licence or permit issued in another country if the Corporation is satisfied that—

(a) the person will require the licence or permit for driving in the country of issue during the period of the licence or permit issued under the Act; or

(b) the licence or permit is part of another authority that the person requires during the period of the driver licence or permit issued in Victoria.

(3) If an applicant for a driver licence surrenders a licence to drive a motor vehicle referred to in sub-regulation (1), the Corporation—

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(a) may issue a driver licence which expires on the day on which the surrendered licence would have expired; and

(b) must waive the licence fee if the surrendered licence was issued in another jurisdiction.

205. Refusal of driver licence or learner permit

(1) The Corporation may refuse an application for the issue or variation of a driver licence or learner permit if the Corporation is satisfied that—

(a) the person is not eligible for the category of licence or permit or the variation applied for; or

(b) the applicant does not have sufficient knowledge of road law or driving ability or is not suitable to hold a driver licence or permit; or

(c) the applicant has refused or failed to submit to, or has not passed, all appropriate tests required by the Corporation under the Act; or

(d) the applicant has not complied with the requirements of regulation 203(2)(c); or

(e) any other requirement of the Act or these Regulations has not been complied with.

(2) The Corporation may have regard to a judgment, order or decision made under or in accordance with a law of the Commonwealth or another Australian State or Territory under which authority is given to drive motor vehicles on highways in determining whether to refuse an application for the issue or variation of a driver licence or learner permit.

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206. Issue of driver licence or learner permit

(1) If the Corporation approves an application, it must issue a driver licence or learner permit of the category applied for by the applicant.

(2) The Corporation may issue a driver licence receipt or permit receipt as an interim measure prior to the issue of a licence document in the form required by regulation 222.

(3) A driver licence or permit receipt ceases to be in force 2 months after the date of its issue or the day on which a driver licence or permit in respect of the same category of vehicle is given to the holder, whichever occurs first.

(4) A driver licence receipt or permit receipt must be in the form of the driver licence or permit required by regulation 222 except for the photograph or digitised image.

207. Conditions on driver licences or learner permits

(1) A condition to which a driver licence or permit is subject may be shown on the driver licence or permit by means of a code.

(2) If a condition is shown by a code, the driver licence document or permit document must bear a note to the effect that the condition can be found out by inquiry of the Corporation.

(3) The holder of a driver licence or permit subject to conditions must carry, whilst driving, a notice issued by the Corporation containing a full explanation of those conditions if required by the Corporation to do so.

Penalty: 1 penalty unit.

(4) The holder of a driver licence or permit subject to conditions issued in another Australian State or Territory or another country must, when driving in

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Victoria, carry a notice issued by the driver licensing authority in that jurisdiction or country, containing a full explanation of the conditions to which the licence or permit is subject.


(5) A code in column 1 in Table 207 may be used on a driver licence or permit to indicate that the licence or permit is subject to the condition corresponding to that code set out opposite that code in column 2 of the Table.

Table 207

Column 1 Condition code

Column 2 Licence or permit condition

A That the driver not drive a motor vehicle (other than a motor cycle, motor trike or tractor) with manual transmission if the driver— (a) holds a probationary licence; or (b) has a physical disability that prevents a

driver from using manual transmission.

B That if the holder drives a heavy vehicle or bus, the vehicle must be fitted with a synchromesh transmission.

E That the driver— (a) not drive a motor cycle with an engine

capacity exceeding 260 cubic centimetres; and

(b) not drive a motor cycle on which there is a pillion passenger—

before the date appearing after the licence code R.

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Column 1 Condition code

Column 2 Licence or permit condition

I That the driver must drive only a motor vehicle fitted with a device which is capable of— (a) analysing a breath sample for the

presence of alcohol; and (b) interacting with the motor vehicle in

such a way that a positive result at a designated blood alcohol level will inhibit the use of the motor vehicle.

P That the driver must not drive a motor vehicle while carrying more than one other person.

S That the driver must wear corrective lenses at all times while driving.

V That the driver must drive only a motor vehicle fitted with specified driver aids, or modified as directed in writing by the Corporation.

X That the driver must comply with any condition of which he or she has been notified in writing by the Corporation.

Z That the driver not drive a motor vehicle unless the concentration of alcohol present in his or her blood is 0.00 grams per 100 millilitres of blood and that the driver licence document of the driver be in his or her possession at all times while he or she is driving or in charge of a motor vehicle.

208. Licence expiry date

A driver licence expires at the end of the day that is recorded in the records maintained by the Corporation as the end of the term specified in that licence.

209. Notice of renewal of driver licence

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(1) A notice of renewal of a driver licence is a notice—

(a) addressed to the holder of the driver licence; and

(b) stating that, if the driver licence is not renewed on or before a date specified in the notice, the driver licence will expire.

(2) If the Corporation fails to send a notice of renewal of a driver licence or if the notice is not received by the holder of a driver licence, that failure or non receipt does not affect—

(a) the expiry date of the driver licence; and

(b) the obligation of the holder of the driver licence to renew the licence if he or she intends to drive a motor vehicle on a highway after the expiry date of his or her existing licence.

210. Renewal of a driver licence

(1) A person may apply to the Corporation to renew his or her driver licence at any time within 5 years after the expiry date of the licence by giving the Corporation—

(a) an application for renewal of the driver licence in the form approved by the Corporation; and

(b) personal particulars necessary to identify the applicant, including any evidence that the Corporation may reasonably require in order to verify those particulars; and

(c) the appropriate licence renewal fee.

(2) The Corporation may require the applicant to comply with any of the requirements of this Division.

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(3) The Corporation must renew the driver licence if—

(a) the applicant has complied with the requirements of this regulation; and

(b) the Corporation would grant the applicant a new licence if he or she were applying for a licence under this Division.

(4) The Corporation may refuse to renew a driver licence if the Corporation is satisfied that—

(a) the applicant is not eligible for the category of licence applied for; or

(b) the applicant does not have sufficient knowledge of road laws or driving ability, or is not suitable to hold the category of licence applied for; or

(c) the applicant has not passed the appropriate tests required by the Corporation under the Act; or

(d) any other requirement of the Act or these Regulations has not been complied with.

(5) The expiry date of a renewed driver licence is to be calculated from—

(a) the expiry date of the licence being renewed, if it is renewed before, on, or within 6 months after the expiry date; or

(b) the day that the licence is renewed, if it is renewed more than 6 months after the expiry date of the licence being renewed but otherwise within 5 years after that expiry date.

(6) A person whose driver licence is not renewed within 5 years after the licence expiry date is not entitled to apply for a renewal, but may apply for a new licence in accordance with this Division.

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Division 2—Learner and probationary drivers

211. Vehicle power restrictions

(1) The holder of a probationary driver licence must not drive a high powered motor vehicle on a highway until the probationary period shown on his or her licence has expired.


(2) Sub-regulation (1) does not apply to—

(a) a person who is driving the motor vehicle in the course of his or her employment and at the request of his or her employer; or

(b) a person exempted by the Corporation under sub-regulation (3).

(3) The Corporation, by instrument in writing, may exempt a person from the requirements of sub-regulation (1) if the nature of the person's employment or family circumstances is such that compliance with the regulation would impose undue hardship on the person or the person's family having regard to the likely effect of the exemption on safe, efficient and equitable road use in Victoria.

(4) The holder of a motor cycle licence that has been held for less than 12 months or a motor cycle learner permit must not drive a motor cycle with an engine capacity exceeding 260 cubic centimetres or drive a motor cycle on which there is a pillion passenger.

(5) If the Corporation is satisfied that a person has motor cycle driving experience in another Australian State or Territory or another country, it may specify in the licence a period shorter than that required in sub-regulation (4).

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(6) The conditions referred to in sub-regulation (1) or (4) relating to—

(a) the driving of a motor cycle with an engine capacity exceeding 260 cubic centimetres; or

(b) the driving of a high powered motor vehicle—

do not apply to a member of the police force who is driving a motor vehicle in the course of duty.

212. Duration of learner permit

(1) A learner permit to drive a motor vehicle (other than a motor cycle) expires 10 years after the day of its issue or when a driver licence which authorises the person to drive such a motor vehicle is issued to the person, whichever first occurs.

(2) A learner permit to drive a motor cycle expires 15 months after the day of its issue or when a driver licence which authorises the person to drive a motor cycle is issued to the person, whichever first occurs.

(3) A learner permit to drive a motor vehicle (other than a motor cycle) is capable of extension for a period not exceeding 10 years and may be extended more than once.

(4) A learner permit to drive a motor cycle is not capable of extension.

(5) The Corporation may require an applicant for extension of a learner permit—

(a) to fill in a learner permit extension application form and give it to the Corporation; and

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(b) to have his or her photograph taken or digitised image made or to provide a photograph or digitised image in a form specified by the Corporation; and

(c) to pay the appropriate fee to the Corporation.

213. Restrictions affecting learner drivers

(1) A learner driver must not—

(a) drive a motor vehicle (other than a tractor) which is towing a trailer; or

(b) drive a motor vehicle on a highway (other than a tractor, motor cycle or motor trike) unless an experienced driver is sitting beside him or her.


(2) In sub-regulation (1)(b) "experienced driver" means a person who—

(a) holds a full driver licence; or

(b) is exempted under regulation 221 from holding a licence because the person holds a licence issued outside Victoria—

to drive the category of motor vehicle being driven by the learner driver; and has been licensed to drive that category of motor vehicle for at least 2 years.

(3) A car learner driver must not drive a tractor on a highway unless—

(a) the tractor is being used solely in connection with agriculture, horticulture, dairying, pastoral or other like pursuits or commercial fishing; and

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(b) the person has had 10 hours of tractor driving experience.


214. Learners must display appropriate plates

(1) A learner driver must not drive a motor vehicle on a highway (other than a tractor) unless an "L" plate is conspicuously displayed—

(a) in the case of a motor cycle or motor trike, facing out from the rear of the motor cycle or motor trike; or

(b) in any other case, facing out from the front and rear of the motor vehicle.


(2) An experienced driver referred to in regulation 213 must not sit beside a learner driver who is committing an offence against sub-regulation (1).


(3) A person who is not a learner driver must not drive a motor vehicle on a highway if there is displayed facing out from the front or rear of the motor vehicle a plate which is, or which resembles, an "L" plate.


(4) Sub-regulation (3) does not apply to a person who is instructing a learner driver and who drives the motor vehicle solely for the purposes of instruction.

215. Duration of probationary licence

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(1) If a driver licence is issued on probation, the probationary period to be specified in the licence is 3 years.

(2) If the Corporation is satisfied that a person has driving experience in another Australian State or Territory or another country, it may specify in the licence a period shorter than that required in sub-regulation (1).

216. Certain licences need not be probationary

The Corporation may issue a full driver licence to a person who has not previously held a driver licence in Victoria if the person has been authorised to drive a motor vehicle in another Australian State or Territory or another country, and the Corporation is satisfied that, by reason of age, experience, occupation or special circumstances, the person is fit to be granted a full driver licence.

217. Probationary drivers must have "P" plates

(1) A probationary driver must not drive a motor vehicle (other than a tractor) on a highway unless a "P" plate is conspicuously displayed—

(a) in the case of a motor cycle or motor trike, facing out from the rear of the motor cycle or motor trike; or

(b) in any other case, facing out from the front and rear of the motor vehicle.


(2) A person who is not a probationary driver must not drive a motor vehicle on a highway if a "P" plate or a plate which resembles a "P" plate is displayed facing out from the front or rear of the vehicle.


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(3) Sub-regulation (1) does not apply to a person who is—

(a) a member of the police force who, in the course of duty, is driving a motor vehicle; or

(b) a member of the Country Fire Authority who is driving a motor vehicle in the course of fire fighting operations.

(4) In this regulation—

"probationary driver" means a person who—

(a) is the holder of a probationary driver licence; or

(b) is the holder of a provisional or probationary licence issued under a corresponding law of another jurisdiction.

218. Suspension of a probationary licence

The prescribed offences for the purposes of section 21(3) of the Act are the offences set out in Schedule 1.

219. Passenger restriction for probationary driver licences

(1) If a probationary licence is cancelled or suspended as the result of an offence committed by the licence holder during the first 12 months of the probationary period of the licence and—

(a) the suspension period has ended; or

(b) the person has been issued with a further probationary licence—

the Corporation must impose on that licence a condition that the licence holder must not drive a motor vehicle while carrying more than one other person for a period of 12 months after the date of re-issue of the licence or the day the suspension ended.

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(2) A condition under sub-regulation (1) must not be applied to the holder of a probationary licence more than once.

(3) The Corporation is not required to impose a condition under sub-regulation (1) if it is satisfied that the nature of the person's employment or family circumstances is such that compliance with the regulation would impose undue hardship on the person or the person's family having regard to the likely effect of the condition on safe, efficient and equitable road use in Victoria.

Division 3—Exemptions

220. Drivers under instruction

(1) A person who is driving a motor vehicle and who does not hold a driver licence that authorises the holder to drive a motor vehicle of that category is exempted for the purposes of section 18(1) of the Act if—

(a) he or she is the holder of a driver licence of another category (other than a motor cycle licence); and

(b) a person who holds an Australian driver licence which is appropriate for the category of vehicle being driven is sitting beside him or her.

(2) A person driving a motor vehicle in accordance with sub-regulation (1) must have conspicuously displayed on the front and rear of the motor vehicle a driver under instruction plate.


221. Licences etc issued outside Victoria

(1) A person, who—

r. 220 r. 221

S.R. No. 26/1999


25

(a) has an appropriate licence or permit to drive a motor vehicle issued in another State or Territory of Australia or in New Zealand and who was ordinarily resident in the issuing State or Territory or New Zealand at the time of issue; or

(b) has an appropriate licence or permit to drive a motor vehicle issued in another country and written in the English language or accompanied by an accurate English translation and who was ordinarily resident in that country at the time of issue; or

(c) has an appropriate licence or permit to drive a motor vehicle issued in another country and who was ordinarily resident in that country at the time of issue and also has a current international driving permit—

that authorises him or her to drive a motor vehicle of the category being driven, is exempted from the requirement to hold a driver licence or permit for that category of vehicle.

(2) A person is not exempt or ceases to be exempt under sub-regulation (1) in any of the following circumstances—

(a) if the holder of a licence or permit to drive a motor vehicle issued in another Australian State or Territory or in New Zealand has resided in Victoria for a continuous period of more than 3 months, unless he or she also holds a valid Driver Identification Document issued by the Commonwealth Department of Defence;

(b) if the holder of a licence or permit to drive a motor vehicle issued in another country has held a permanent visa under the Migration

S.R. No. 26/1999


26

Act 1958 of the Commonwealth for more than 3 months;

(c) if the person is disqualified from driving a motor vehicle on a highway in any State or Territory of Australia or another country or has had his or her licence or permit to drive a motor vehicle in that State, Territory or country suspended;

(d) if the person, in the reasonable opinion of the Corporation, is not considered suitable to drive a motor vehicle;

(e) if, in the reasonable opinion of the Corporation, the person's ability to drive safely is impaired due to a permanent or long term injury or illness.

(3) If the Corporation forms an opinion on the matters set out in sub-regulation (2)(d) or (2)(e), the Corporation must give the person notice in writing of the following—

(a) that he or she is no longer exempt from the requirement to hold a driver licence or permit;

(b) that he or she must not drive a motor vehicle on a highway;

(c) the reasons why the person is no longer exempt;

(d) any action that may be taken by the person in order to regain the exemption;

(e) the date by which the person must take that action.

Division 4—Other requirements

r. 221

S.R. No. 26/1999


27

222. Form of document

A driver licence or permit document must show details of the following—

(a) an identification number for the person to whom it is issued;

(b) the first name, second and third initials (if any), and family name of the person;

(c) a photograph or digitised image of the person;

(d) the person's residential address;

(e) the person's date of birth;

(f) the person's signature (or a reproduction of that signature);

(g) the category or categories of driver licence or permit held by the person in accordance with regulation 202;

(h) the expiry date of the licence or permit;

(i) the code of any condition to which the licence or permit is subject in accordance with regulation 207.

223. Issue of replacement driver licence or permit

(1) The Corporation may, upon payment by the driver licence or permit holder of the appropriate fee, issue a driver licence or permit document to replace one which has been stolen, lost, damaged or destroyed.

(2) A driver licence or permit holder who seeks a replacement driver licence or permit document must provide to the Corporation personal particulars necessary to identify the applicant, including evidence to verify those particulars.

r. 222

S.R. No. 26/1999


28

(3) The Corporation may require a driver licence or permit holder who seeks a replacement driver licence or permit document to comply with any of the requirements of regulation 203.

224. Records

(1) The Corporation must maintain the following records in respect of each driver licence or learner permit—

(a) the identification number allocated to the person to whom the licence or permit was issued;

(b) the person's family name, first name and any second and third initial;

(c) the person's sex and date of birth;

(d) the person's residential address and address for service of notices (if any);

(e) the category or categories of the licence or permit;

(f) the commencement and expiry dates of the licence or permit;

(g) any condition to which the licence or permit is subject;

(h) any period for which the licence is probationary.

(2) Any person whose name appears in records referred to in sub-regulation (1) is entitled, on payment of the appropriate fee, to request a search of the records and to obtain a certificate as to any matter appearing in the records in relation to him or her.

225. Change of name, address or condition

r. 224 r. 225

S.R. No. 26/1999


29

(1) The holder of a driver licence or permit must notify the Corporation, not more than 14 days after the change, about any change in his or her—

(a) name; or

(b) residential address; or

(c) postal address or address for the service of notices.


(2) Unless required by the Corporation, the advice from the person referred to in sub-regulation (1) need not be in writing.

(3) The holder of a driver licence or permit or any person exempted from holding a driver licence or permit under section 18(1)(a) of the Act must, as soon as practicable, notify the Corporation of any permanent or long term injury or illness that may impair his or her ability to drive safely.


226. Tests

(1) For the purposes of section 27 of the Act, a test described in Table 226 must be carried out by a person of the class described in that Table in relation to that test.

(2) The Corporation must accept, for the purposes of section 27, a certificate of the results of a medical examination conducted in another jurisdiction if that examination otherwise complies with this regulation.

Table 226

Test Prescribed class

Medical test including any test related to eye sight

Registered medical practitioners

S.R. No. 26/1999


30

A test related to eye sight

Registered medical practitioners, optometrists, occupational therapists, officers of the Corporation and persons authorised in writing by the Corporation to conduct tests of road law knowledge and driving ability

An evaluation of a driver's physical and cognitive abilities or skills to drive

Occupational therapists and persons authorised in writing by the Corporation to conduct tests of physical and cognitive abilities or skills to drive

Tests of road law knowledge and driving ability

Officers of the Corporation and persons authorised in writing by the Corporation to conduct tests of road law knowledge and driving ability

227. Verification of record and monitoring of compliance

(1) If there are reasonable grounds for believing that any information contained in the records referred to in regulation 224 is inaccurate or misleading, the Corporation may by written notice require the holder of a driver licence or permit to provide evidence to the Corporation, in a form specified by the Corporation, relating to anything relevant to the issuing, variation or continuation of the licence or permit, including the holder's personal particulars.

(2) For the purposes of this regulation, the Corporation may by written notice require the holder of a driver licence or permit to—

(a) provide specified documents for inspection; and

(b) attend at a time and place specified by the Corporation for identification.

r. 227

S.R. No. 26/1999


31

(3) If a person who is required to attend for identification requests a change to the time or place specified in the notice, the Corporation must give consideration to that request and may change the time or place in accordance with the request.

228. Notification offences

(1) The responsible officer of a court which convicts a person to whom section 52 of the Act applies of an offence against section 49(1) of the Act or finds that person guilty of the offence must notify the Corporation of the details of the conviction or the finding of guilt if the court does not cancel the person's driver licence or permit or disqualify the person from obtaining a licence or permit.

(2) In this regulation, "responsible officer" means—

(a) in the case of the Magistrates' Court, the Clerk of the Court; and

(b) in the case of the County Court, the Registrar of the Court; and

(c) in the case of the Supreme Court, the Prothonotary.

_______________

r. 228

S.R. No. 26/1999


32

PART 3—VARIATION, SUSPENSION OR CANCELLATION

Division 1—Demerit Points

301. Demerit points

(1) In this regulation—

"appropriate number of demerit points", in relation to a relevant offence, means the number of demerit points specified, in relation to that offence, in column 3 of Table 301;

"relevant offence" means an offence described in column 1 of Table 301 or an offence against the law of another jurisdiction which corresponds to such an offence.

(2) A summary of an offence in column 1 of Table 301 is not to be taken to affect the nature or elements of the offence to which the summary refers or the operation of these Regulations.

(3) The Corporation must record against a driver the appropriate number of demerit points if the driver—

(a) is convicted, or found guilty, of a relevant offence; or

(b) pays the penalty specified in an infringement notice issued to the driver in respect of a relevant offence; or

(c) is convicted within the meaning of section 89(4) or 89A(2) of the Act with respect to a relevant offence; or

(d) is a person against whom an enforcement order has been made and not revoked under Schedule 7 to the Magistrates' Court Act 1989 with respect to a relevant offence.

r. 301

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33

(4) If a driver referred to in sub-regulation (3) holds a licence or permit to drive a motor vehicle issued in another jurisdiction, the Corporation must send to the licensing authority of that jurisdiction details of any offence described in column 1 of Table 301 in respect of which the driver—

(a) was convicted or found guilty; or

(b) paid the penalty; or

(c) has not paid the penalty and an enforcement order in respect of the unpaid penalty has been made and not revoked under Schedule 7 to the Magistrates' Court Act 1989.

(5) The Corporation must treat demerit points recorded under sub-regulation (3) against a driver who does not hold an Australian driver licence or permit as demerit points recorded against the holder of a driver licence or permit if the person subsequently obtains an Australian driver licence or permit.

(6) The Corporation must record demerit points in the Demerits Register in respect of the day on which the offence was committed.

(7) In Table 301—

"DG (T) R" means the Dangerous Goods (Transport by Rail) Regulations 1998;

"RS (T) R" mean the Road Safety (Traffic) Regulations 1988;

"RS (V) R" means the Road Safety (Vehicles) Regulations 1999.

Table 301

r. 301

S.R. No. 26/1999


34

Column 1 Description of Offence

Column 2 Victorian Reference

Column 3 Demerit points

Exceeding speed limit by 45 km/h or more

RS (T) R 1001 6

Exceeding speed limit by 30 km/h or more but less than 45 km/h.

RS (T) R 1001 4

Disobeying traffic control signal, sign or police directing traffic

RS (T) R 202 (drivers only), 401(1), 402(3), (4), (6), (7), (10), (11), (13), (14), (17), (18), (19), (29)

3

Failing to give way, or stop

RS (T) R 511(b), 602(3), (7), 603(3), 604(1), (4), 605, 606, 701(2), (3), 702(2), (4), 706, 707(1), 901, DG (T) R 6 as it relates to the Australian Code for the Transport of Dangerous Goods by Road and Rail Section 8.3.11.6.

3

Driving with unrestrained passengers under the age of 18 years

RS (T) R 1507, 1503(4), (5)

3

Driving contrary to a major defect notice

RS (V) R 702 3




r. 301 r. 301

S.R. No. 26/1999


35

Driving on wrong side of double dividing lines, or on wrong side of divided highway

RS (T) R 509, 511(a)

3

Exceeding the speed limit by more than 15 km/h but less than 30 km/h

RS (T) R 602(1), 701(1), 702(1), 1001

3

Driving without a seat belt

RS (T) R 1506(1) where the person was driving the vehicle

3

Motorcyclist not wearing a helmet

RS (T) R 1503(5) 3

Risk colliding with alighting, boarding or waiting tram passengers

RS (T) R 1401, 1402, 1403

3

Careless driving RSA 65 3

Improper overtaking or passing

RS (T) R 502(1), (2), (3), (5), (7), (8), 504, 505, 507(2)

2

Turning or stopping without signalling

RS (T) R 803 2

Turning improperly RS (T) R 603(1)(a), (2), 801, 802(1), (2), (4), 805(2)

2

Failing to keep left RS (T) R 512, 501

2

Driving contrary to a minor defect notice

RS (V) R 702 1

Failure to dip headlamps

RS (T) R 1202 1




S.R. No. 26/1999


36

Following too closely RS (T) R 510 1

Driving at night without lights on

RS (V) R 811, 812

1

Exceeding the speed limit by 15 km/h or less

RS (T) R 1001 1

302. Notification of too many demerit points

(1) The prescribed particulars for a notice under section 25(3) of the Act are—

(a) details of the driver licence or learner permit;

(b) the period during which the demerit points were accumulated;

(c) particulars of the relevant offences including the date of each offence and the demerit points recorded in respect of each offence;

(d) details of the driver licence or learner permit holder's right of election under section 25(3A) of the Act and the consequences of exercising or failing to exercise that right.

(2) The prescribed particulars for a notice under section 25(3B)(a) or 25(3D)(a) of the Act are—

(a) a reference to the notice served under section 25(3) and to the driver licence or learner permit holder's failure to respond to that notice;

(b) (in the case of a notice under section 25(3B)(a) of the Act) particulars of each offence committed within the 12 month period after the date of the notice referred to in paragraph (a) and of the demerit points incurred in relation to each offence;

(c) the period for which the driver licence or learner permit is suspended and the date of commencement of the suspension;

r. 302

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37

(d) information about the driver licence or learner permit holder's right of appeal to the Magistrates' Court;

(e) the place to which the driver licence or learner permit holder must send or take the licence or learner permit.

Division 2—Cancellation etc. by Corporation

303. Variation, suspension or cancellation of driver licence or permit

(1) The Corporation may vary, suspend or cancel a person's driver licence or learner permit if it appears to the Corporation that—

(a) the person has failed or refused to submit to a test required under section 27 of the Act or has failed such a test; or

(b) it would be dangerous for the person to drive a vehicle because of illness or bodily infirmity, defect or incapacity or because of the effects of treatment for any of those things; or

(c) the person does not have sufficient knowledge of road law or driving ability, or is not suitable to hold a driver licence or learner permit; or

(d) a court order requires the person to pay a sum of money by way of fine, penalty, costs or restitution or any two or more of those things and—

(i) the order was made in respect of an offence arising out of the use of a motor vehicle in Victoria, including proceedings in respect of a parking or traffic offence or infringement; and

r. 303

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38

(ii) a person authorised by law to issue or to execute a warrant for the enforcement of a court order notifies the Corporation that the order is wholly or partially unsatisfied; or

(e) the person is no longer eligible, in accordance with regulation 201, for a particular category of licence or permit; or

(f) the licence or permit was issued or renewed in error; or

(g) a cheque submitted to the Corporation as payment of a fee under these Regulations has been dishonoured; or

(h) the person has been convicted in another State, Territory or country of an offence which, if the person had been licensed in that State, Territory or country, would have enabled the driver licensing authority of that State, Territory or country to suspend, vary or cancel the person's licence or permit; or

(i) the person has failed to comply with a condition of the licence or permit; or

(j) the person has surrendered the licence to the Corporation or the licensing authority in another jurisdiction for cancellation.

(2) The Corporation must suspend or cancel a person's driver licence or permit if the person is disqualified from driving in another jurisdiction or the person's driver licence in that jurisdiction was cancelled because of a judgment, order or decision made under, or otherwise by operation of, the law of that jurisdiction.

(3) The Corporation may, upon payment by the driver licence or permit holder of the appropriate fee, vary a licence or permit to correct any error or

r. 303

S.R. No. 26/1999


39

omission in it and issue a replacement driver licence or permit document.

304. Procedures for variation, suspension and cancellation of driver licence or permit

(1) The Corporation, must not vary a driver licence or learner permit by imposing a new condition on the driver licence or permit or suspend or cancel a driver licence or permit under regulation 303 unless the Corporation notifies the licence or permit holder in writing at least 28 days before the variation, suspension or cancellation takes effect—

(a) that the Corporation proposes to vary, suspend or cancel the licence or permit; and

(b) the reasons for proposed variation, suspension or cancellation; and

(c) the effect and date of the proposed variation, suspension or cancellation; and

(d) action that may be taken by the person in order to avoid the variation, suspension or cancellation; and

(e) the date by which the person must take that action; and

(f) if the person must return the licence or permit to the Corporation, the date by which this must be done.

(2) A driver licence or permit is varied, suspended or cancelled in accordance with the terms of a notice served under this regulation unless the Corporation, by further notice in writing, withdraws the notice.

(3) This regulation does not apply to—

(a) the suspension of a licence under section 24(3) of the Act; or

r. 304

S.R. No. 26/1999


40

(b) a person who has refused or failed to submit to, or has failed, a test under section 27(1) of the Act.

(4) If a person's driver licence or learner permit is suspended or cancelled—

(a) by the Corporation under section 24 or 25 of the Act; or

(b) by a court—

the person must, upon being served with a notice of the suspension or cancellation—

(c) if the notice is served personally by a member of the police force or an officer of the Corporation or of the Court, give the licence or permit document immediately to the person who served the notice; or

(d) in any other case, send or take the licence or permit document to the place specified in the notice within the time specified in the notice.


_______________

r. 304

S.R. No. 26/1999


41

PART 4—REVIEW RIGHTS

401. Corporation to ensure notification of review rights

(1) In this Part, "affected person" means a person referred to in regulation 402(1) or section 26 of the Act.

(2) The Corporation must notify an affected person of his or her right under regulation 402 or section 26 of the Act to apply for review of a decision.

(3) The time period specified in regulation 402(4) is taken not to have commenced until an affected person is notified in accordance with sub-regulation (2).

402. Application for internal review

(1) The holder of a driver licence or learner permit or an applicant for a driver licence or learner permit affected by a decision of the Corporation to—

(a) refuse an application for a driver licence or a learner permit or an application for a variation or renewal of a driver licence; or

(b) suspend, cancel or vary in any way a driver licence or learner permit in accordance with section 24—

may, within 28 days after the day he or she is notified of the decision, apply to the Corporation for an internal review of that decision.

(2) A decision cannot be reviewed by the person who made the decision.

(3) After considering an application for review, the Corporation must—

(a) affirm the decision; or

r. 401

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42

(b) vary the decision; or

(c) revoke the decision.

(4) The Corporation must notify the affected person in writing of its decision under sub-regulation (1) within 28 days after the day on which the request for internal review is received by the Corporation.

(5) A decision subject to internal review under this regulation is taken to be affirmed by the Corporation if the Corporation does not give written notice of its decision under sub-regulation (4) to the affected person within 28 days.

(6) The making of an application for internal review of a decision does not stay the operation of the decision.

403. Application for external review

(1) An application for review by the Magistrates' Court under section 26 must be made within 28 days after—

(a) the affected person is notified of the Corporation's decision, if the decision was not reviewed under regulation 402; or

(b) the affected person is notified of the Corporation's decision under regulation 402(3), if the decision was reviewed under regulation 402.

(2) If the Corporation fails to notify the affected person of its decision as required by regulation 402(4), the person may apply for review by the Magistrates' Court within 28 days after the end of the period mentioned in that sub-regulation.

(3) The Magistrates' Court must cause particulars of an order made under this regulation to be sent immediately to the Corporation.

r. 403

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43

(4) A person who appeals to the Magistrates' Court under section 26 of the Act must—

(a) provide notice in writing of the appeal to the clerk of the Magistrates' Court, requesting the clerk to endorse a copy of the notice with the date on which the appeal is to be heard; and

(b) serve on the Corporation the endorsed copy of the notice, not less than 14 days before the hearing date.

404. Appeals about demerit points

(1) For the purposes of section 26(3) of the Act, notice of appeal is given when notice in writing of the appeal, endorsed by the clerk of the Magistrates' Court in accordance with regulation 403, is served on the Corporation.

(2) Notice in writing of discontinuance of appeal must be—

(a) lodged with the clerk of the Magistrates' Court; and

(b) served on the Corporation—

not less than 4 days before the hearing day.

405. Affected person entitled to be given reasons

(1) If an affected person is entitled to apply for review of a decision of the Corporation, the affected person may apply to the Corporation for written reasons for the decision.

(2) The Corporation must, within 14 days of receiving an application under sub-regulation (1), provide to the affected person—

(a) the decision of the Corporation and the reasons for that decision; and

r. 404

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44

(b) the name or position of the person who made the decision.

(3) An affected person cannot make an application under this regulation if the Corporation has already provided the person with the details prescribed in sub-regulation (2).

_______________

r. 405

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PART 5—DRIVING HOURS

Division 1—General

501. Definitions

In this Part—

"automatic recording device" means a device approved by the Corporation that accurately records information required to be recorded by Division 4 and that may be conveniently accessed;

"commercial bus" means a bus that is used, or is intended to be used, to carry passengers for reward or in the course of a business;

"drive" includes—

(a) an activity referred to in regulation 502; and

(b) in relation to solo driving, the driving of a commercial bus or heavy truck by a solo driver; and

(c) in relation to two-up driving, the driving of a commercial bus or heavy truck by a two-up driver;

"driver base", in relation to a motor vehicle that is a commercial bus or heavy truck, means—

(a) the place recorded for the time being as the garage address of the motor vehicle—

(i) by the Corporation in the register established for the purposes of Part 2 of the Act; or

(ii) if the motor vehicle is registered in another State or Territory, by

r. 501

S.R. No. 26/1999


46

the registration authority of that State or Territory; or

(b) if the driver normally works and receives instructions from a place other than the garage address of the motor vehicle referred to in paragraph (a), the place recorded for the time being as the driver base in the log book kept by the driver of the motor vehicle; or

(c) if no place is recorded as specified in paragraph (a) or (b), the place from which the driver normally works and receives instructions;

"driving record" means a record required by regulation 510 to be made;

"employer" includes a self-employed solo driver and a self-employed two-up driver;

"heavy truck" means—

(a) a motor vehicle (other than a bus or tractor) which exceeds 12 tonnes GVM; or

(b) a combination of a motor vehicle (other than a bus or tractor) and one or more other vehicles, if the total of the GVMs of the vehicles in the combination exceeds 12 tonnes;

"log book" means—

(a) a log book in the form approved by the Corporation; or

(b) a log book issued under a corresponding law of another State or Territory; or

(c) a record made by an automatic recording device; or

r. 501

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47

(d) in respect of a commercial bus, a log book or record of a kind referred to in paragraph (a), (b) or (c) or a form approved by the Corporation which—

(i) has been issued by the employer of the driver; and

(ii) provides for the insertion of information required to be recorded by Division 4;

"solo driver" means a driver of a commercial bus or heavy truck who is not accompanied by a two-up driver;

"two-up driver" means a person who—

(a) shares with another person the driving of a commercial bus or heavy truck; and

(b) travels as a passenger on the commercial bus or commercial truck whilst the other person is driving the bus or truck;

"work" means driving a commercial bus or heavy truck and includes any of the following activities where the driver is directly involved, irrespective of where the activity took place—

(a) loading or unloading a commercial bus or heavy truck;

(b) inspecting, servicing or repairing a commercial bus or heavy truck, inspecting or attending to the load on a commercial bus or heavy truck or attending to the passengers on a commercial bus;

r. 501

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(c) cleaning or refuelling a commercial bus or heavy truck;

(d) performing marketing tasks in relation to the operation of a commercial bus or heavy truck;

(e) helping with or supervising an activity mentioned in paragraph (a), (b), (c) or (d);

(f) recording information or completing a document in accordance with these Regulations or in relation to the operation of a commercial bus or heavy truck.

502. Calculation of time

(1) The following time must be included when calculating the time a person has spent driving a commercial bus or heavy truck—

(a) time during which the person is a solo driver or two-up driver (excluding periods as a passenger) of any commercial bus or heavy truck in Victoria or in another State or Territory; and

(b) time during which the person has driven a commercial bus or heavy truck on private property; and

(c) time spent sitting in the driver's seat of a commercial bus or heavy truck with the engine running, even if the vehicle is stationary; and

(d) time spent in a commercial bus or heavy truck instructing a learner driver.

(2) When calculating a period of driving, if the commercial bus or heavy truck is owned by a primary producer and is used on private property

r. 502

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49

in connection with the business of the primary producer as such, a person is not taken to be driving the bus or truck for the purposes of sub-regulation (1)(b).

(3) A rest time must be spent as a continuous period of 15 minutes or more when the driver does not work.

(4) If a driver is required to have a rest time of 5 hours 30 minutes or more but less than 24 hours, that time must be spent away from the commercial bus or heavy truck unless it is fitted with a sleeping berth in accordance with regulation 503.

(5) If a driver is required to have a rest time of 24 hours or more that time must be spent away from the commercial bus or heavy truck.

503. Sleeping berths

(1) A two-up driver must not drive a commercial bus which does not have a sleeping berth that complies with the Sleeping Berth Standards for Commercial Buses formulated by the National Road Transport Commission and approved on 21 April 1995 by the Ministerial Council for Road Transport, as amended from time to time.


(2) A two-up driver must not drive a heavy truck which does not have a sleeping berth that complies with Part 18 of Australian Design Rule 42/03, General Safety Requirements, published by the Commonwealth of Australia, as amended from time to time.


504. Other offences

r. 503 r. 504

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50

A person must not cause, permit or employ another person to drive a commercial bus or heavy truck in Victoria, other than in accordance with this Part.


Division 2—Commercial Buses

505. Driving hours—solo drivers

During a period referred to in column 1 of Table 505, a solo driver of a commercial bus—

(a) must not work for more than the period referred to in the corresponding entry in column 2; and

(b) must have rest time of not less than the period or periods referred to in the corresponding entry in column 3; and

(c) must comply with each of the requirements in Table 505.

Penalty: 10 penalty units. Table 505

Column 1 Period

Column 2 Maximum working time

Column 3 Minimum rest time

5 hours and 30 minutes

5 hours 30 minutes, either as one continuous period or as two continuous periods of 15 minutes each

24 hours 14 hours including not more than 12 hours driving

10 hours including one continuous period of 6 hours

Column 1

Column 2 Maximum

Column 3

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Period working time Minimum rest time

168 hours (1 week)

72 hours 96 hours

672 hours 288 hours 384 hours with a continuous period of 96 hours, or 2 or more continuous periods each of 24 hours or more totalling 96 hours

506. Driving hours—two-up drivers

During a period referred to in column 1 of Table 506, a two-up driver of a commercial bus—





Column 1 Period





Column 1 Period



r. 506

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52


10 hours including one continuous period of 6 hours

168 hours (1 week)

72 hours 96 hours

672 hours 288 hours 384 hours with a continuous period of 96 hours, or 2 or more continuous periods each of 24 hours or more totalling 96 hours

507. Person who is two-up driver then solo driver during a week

If a person is a two-up driver of a commercial bus for a period of 10 hours or more, the person must comply with regulation 506 for 168 hours (1 week) from the start of the two-up driving (whether the person is a solo driver or two-up driver during that week).


Division 3—Heavy Trucks

508. Driving hours

During a period referred to in column 1 of Table 508, a driver (whether a solo driver or a two-up driver) of a heavy truck—




r. 507

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53


Column 1 Period






10 hours including one continuous rest period of 6 hours

168 hours (1 week)

72 hours 96 hours including one continuous period of 24 hours

Division 4—Driving records

509. Application of Division

This Division (except regulation 519) does not apply in respect of a commercial bus or heavy truck being used on a journey wholly within a radius of 100 kilometres from the driver base of the bus or truck.

510. Obligation to make and carry driving record

(1) A driver of a commercial bus or heavy truck must make, or cause to be made, in accordance with regulation 511, a record of the following information and carry it in the vehicle during the period of the record—

(a) the starting and finishing times and places for all periods of—

(i) solo driving; and

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(ii) two-up driving (including periods as a passenger); and

(iii) working time other than driving time; and

(iv) rest time;

(b) the date or dates of travel;

(c) the driver's name and driver licence number;

(d) the registration number of each commercial bus or heavy truck that the driver has driven during the period of the record.


(2) A driver of a commercial bus or heavy truck must carry in the vehicle a record showing all the time within the previous 28 days that he or she has been the solo driver or two-up driver of a commercial bus or heavy truck.


(3) If the record referred to in sub-regulation (2) is partly or wholly made by an automatic recording device, the driver must also carry a summary sheet showing the time referred to in sub-regulation (2).

(4) It is a defence to an offence against sub-regulation (1) if a driver proves that—

(a) his or her log book is destroyed, lost or stolen; and

(b) the driver has not been issued with a replacement log book; and

(c) not more than 2 days have elapsed since the log book was destroyed, lost or stolen; and

(d) the driver has recorded the information required by that sub-regulation in a way that is no less accurate and understandable than,

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and in a similar form to, records made in accordance with that sub-regulation.

511. Form of driving record

(1) A driving record must be—

(a) in the form of a log book; and

(b) completed in accordance with any instructions in or accompanying the log book.

(2) A driver must verify the entries on each page of a log book (other than an automatic recording device) by signing the page in the place indicated after completion of the page.


512. Obtaining a log book

(1) A person may, in accordance with this regulation, obtain a log book, other than an automatic recording device, from—

(a) the Corporation; or

(b) a place which has been declared by the Minister, by notice published in the Government Gazette, to be a place at which log books may be obtained.

(2) A person may obtain a log book if—

(a) the person pays the appropriate fee; and

(b) the person produces—

(i) a log book previously issued to the person; or

(ii) a form complying with sub-regulation (3) and completed by him or her in the presence of an officer of the Corporation; and

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(c) the person produces a current driver licence or a licence to drive a motor vehicle issued under the law of the State or Territory in which the person ordinarily resides.

(3) A form complies with this sub-regulation if it is issued by the Corporation and contains provision for completion of questions disclosing some or all of the following information—

(a) whether it is the first issue of a log book to the person;

(b) if the log book is to be a replacement for a lost, destroyed or stolen log book—

(i) the circumstances under which the previously issued log book was lost, stolen or destroyed; and

(ii) the number of the log book being replaced (if known).

513. Driver must give driving record to employer

(1) If the driver of a heavy truck makes a driving record in a log book within the meaning of paragraph (a) or (b) of the definition of "log book" in regulation 501, the driver must give a copy of the daily page on which the record is made to each employer for whom the driving was performed, within 21 days after the making of the record.


(2) If the driver of a heavy truck makes a driving record in an automatic recording device, the driver must give the completed driving record to his or her employer within 6 weeks after the commencement of the period to which the driving record relates.


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(3) If the driver of a commercial bus makes a driving record in a log book, the driver must give the completed driving record to his or her employer within 6 weeks after the commencement of the period to which the driving record relates.


(4) A driver's employer must take reasonable steps to ensure that the driver complies with this regulation.


(5) A driver's employer must ensure that any document sent to the employer under this regulation is retained—

(a) at the driver base of the bus or truck for a period of 12 months; and

(b) in a form that permits the document to be conveniently audited.


(6) A driver's employer must, if requested to do so by an officer of the Corporation authorised in writing by the Corporation in that behalf or by a member of the police force, produce for inspection any document required to be retained under sub-regulation (5).


514. Defacing, destroying or altering a log book

A person must not without reasonable excuse—

(a) deface or destroy a log book or part of a log book; or

(b) alter an entry in a log book; or

(c) remove a page marked as an original page from a log book.

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515. Making a false statement

A person must not make a statement that the person knows is untrue in an application for a log book or in a document offered in support of such an application.


516. Misusing a log book

(1) A person must not without reasonable excuse—

(a) use another person's log book; or

(b) use a cancelled log book; or

(c) possess a log book that—

(i) has been defaced, destroyed or altered in contravention of regulation 514; or

(ii) was not issued to the person; or

(iii) has been recorded as cancelled, lost, stolen or destroyed; or

(d) possess more than one log book—

(i) of a kind referred to in paragraph (a) or (b) of the definition of "log book" in regulation 501 containing pages which have not been used or cancelled; or

(ii) of a kind referred to in paragraph (c) of the definition of "log book" in regulation 501; or

(e) permit another person to possess a log book that was issued to the first-mentioned person.


(2) A person must not make, sell or possess anything that purports to be, but is not, a log book.

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517. Unlawful interference with an automatic recording device

A person must not, without lawful authority, interfere with an automatic recording device.


518. Lost, stolen or destroyed log book

(1) If a driver's log book is lost, stolen or destroyed, the driver must notify the Corporation in writing not more than 7 days after the loss, theft or destruction.


(2) If a log book—

(a) has been reported as lost or stolen under sub-regulation (1); and

(b) is returned to its owner—

the owner must hand it in to the Corporation.


519. Trips under 100 kilometres radius—employer's obligation

(1) An employer must make a record of the following information in respect of each journey of a commercial bus or heavy truck being used by an employee driver wholly within a radius of 100 kilometres from the driver base of the bus or truck—

(a) the driver's name;

(b) the date of the trip;

(c) the starting and finishing times and places;

(d) the driver's approximate total driving time;

(e) the registration number of the bus or truck.

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(2) An employer must make a record under sub-regulation (1) within 7 days of the journey being made.


(3) An employer must retain a record made under sub-regulation (1)—

(a) for a period of 12 months at the employer's main place of business; and

(b) in a form that permits the record to be conveniently audited.


(4) An employer must, if requested to do so by an officer of the Corporation authorised in writing by the Corporation in that behalf or by a member of the police force, produce for inspection any record made under sub-regulation (1).


520. Obligations of interstate drivers

It is sufficient compliance with this Part relating to the keeping of driving records if, in relation to periods of working and rest from driving in another State or Territory, all records required by this Part are made at the time of entering Victoria.

521. Limited exemptions-literacy

A driver who is unable to make records in the driver's log book because of an English literacy disability is exempted from the requirements to make those records himself or herself and within the time required by this Division if that driver—

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(a) nominates to the Corporation a person who has agreed in writing to make the records required by this Division for the driver; and

(b) sends to the Corporation a copy of the nominated person's agreement; and

(c) carries—

(i) the records required by this Division that have been made within 48 hours after the finishing time of a period referred to in regulation 510(1)(a); and

(ii) a written record of the exemption by the Corporation.

522. Exemptions—emergencies

In an emergency involving a fire, explosion or natural disaster, the driver of a heavy truck or commercial bus is exempted from the requirements of this Part if—

(a) the vehicle is being used, is intended to be used, or has been used, for the protection of life or property, or to restore communication or the supply of energy or water, or for the disposal of sewage; and

(b) the exemption does not present an unreasonable danger to other road users.

523. Exemption—Fatigue management programs

(1) In this regulation, "Fatigue Management Program" means a program approved by the Corporation of methods to manage fatigue in drivers of commercial buses and heavy trucks.

(2) A person who is participating in a Fatigue Management Program in accordance with the terms of its approval is exempt from regulations 505, 506, 507, 508 and 510 in respect of that participation.

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(3) The Corporation may withdraw approval of a Fatigue Management Program.

Division 5—Evidence

524. Evidence

(1) This regulation applies in relation to a proceeding for an offence against this Part.

(2) The production of a book, record or form (including any accompanying instructions) purporting to be a log book for the purposes of this Part is evidence of the form of a log book and of the instructions in accordance with which the driving record must be completed.

(3) The statement of a member of the police force or an officer of the Corporation that a book, record or form is, or appears to be, a log book is evidence that the book, record or form is a log book.

(4) Evidence that a person was found driving a commercial bus or heavy truck in a place is evidence that the person drove the bus or truck to that place from the driver base.

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PART 6—FEES

601. Fees

The fee payable under a provision of these Regulations listed in column 1 of Schedule 2 is the corresponding amount set out in column 2.

602. Search and extract fees

(1) The fee payable for a search of, or an extract from the Corporation's records, other than records relating to the registration of a vehicle, is, for each person included in the search or referred to in the extract, the applicable fee specified in Schedule 3.

(2) Sub-regulation (1) does not prevent the Corporation from entering into an agreement—

(a) with a public authority, including the Victoria Police Force or a municipality, for the provision of extracts by means of magnetic tape for fees that—

(i) are less than the fees specified in Schedule 3; and

(ii) do not exceed the costs of providing those extracts; or

(b) with any person for the purposes of historical research or the supply of statistical information on such terms as the Corporation thinks fit.

603. Application of fees

The following fees received by the Corporation must be paid by it into its general fund—

(a) search and extract fees payable under regulation 602; and

(b) test and appointment fees in relation to driver licences and learner permits; and

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(c) fees for issue of replacement driver licence and permit documents.

604. Refunds of fees

(1) If the Corporation cancels a person's driver licence—

(a) upon application by the person to cancel the licence; or

(b) under regulation 303(1)(a) or (b)—

the Corporation may refund part of the fee for the issue of the licence, calculated in accordance with the formula— 90 A

BC

100× ×

where—

A is the unexpired number of months of duration of the licence; and

B is the total number of months for which the licence was granted; and

C is the amount paid for the licence.

_______________

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PART 7—TRANSITIONAL PROVISIONS

701. Licence or permits issued under revoked regulations

A licence or permit that is issued under the regulations in force before 1 May 1999 has effect for the remainder of its duration as if it had been issued under these Regulations and may be renewed, varied, cancelled or suspended in all respects as though it were a driver licence or learner permit issued in accordance with these Regulations.

__________________

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SCHEDULES Section 21(3)

Regulation 218

SCHEDULE 1

OFFENCES FOR WHICH PROBATIONARY LICENCES MUST BE SUSPENDED

Type of offence Reference

1. Fail to stop or give way —at a red light

Road Safety (Traffic) Regulations 1988 reg. 401(5), (9)

—at a stop sign Road Safety (Traffic) Regulations 1988 reg. 402(10), (11)

—at a give way sign Road Safety (Traffic) Regulations 1988 reg. 402(13), (14)

—at uncontrolled intersections

Road Safety (Traffic) Regulations 1988 reg. 602

—during turns Road Safety (Traffic) Regulations 1988 reg. 603

—entering a highway Road Safety (Traffic) Regulations 1988 reg. 606

—at a pedestrian, school or level crossing

Road Safety (Traffic) Regulations 1988 reg. 701, 702, 901

2. Drink driving, where BAC ·05 g/100 ml or less

section 49(1) of the Act

3. Speeding, where speed limit exceeded by 30 km/h or more

Road Safety (Traffic) Regulations 1988 reg. 1001

4. Dangerous over-taking, or crossing double lines

Road Safety (Traffic) Regulations 1988 reg. 502, 509

5. Fail to stop, render assistance, give name and address, or report to Police after an accident

section 61 of the Act, except where licence cancellation is mandatory under section 61(6)

Type of offence Reference

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6. Passing a stationary tram, or passing through or to the right of a safety zone

Road Safety (Traffic) Regulations 1988 reg. 1401, 1402, 1403

7. Careless driving section 65 of the Act

8. Fail to display 'P' plates if offence committed before 1 May 1999, Road Safety (Procedures) Regulations 1988, reg. 225(1) If offence committed on or after 1 May 1999, reg. 217 of these Regulations

9. Any offence in relation to forgery or fraudulent alteration, lending or use of a driver licence

section 72 of the Act

10. Drive a high powered motor vehicle

If the offence is committed before 1 May 1999, section 18 of the Act or Road Safety (Procedures) Regulations 1988, reg. 206(2). If the offence is committed on or after 1 May 1999, reg. 211 of these Regulations.

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SCHEDULE 2

Regulation 601

GENERAL FEES

Item

Description

Column 1 Regulation

Column 2 Fee

1. Grant or renewal of driver licence—for 10 years

203(1), 210 $133.00

2. Grant or renewal of driver licence—for 3 years

203(1), 210 $39.00

3. Driver licence variation, if the variation includes the insertion of an additional category of motor vehicle in the licence or less restrictive licence conditions

203(1) $20.00

4. Learner permit application 203(1) $9.00

5. Learner permit—for each written or practical test

203(1) $15.50

6. Learner permit issue— (a) motor cycle (b) other motor vehicles

601(2) 601(2)

$15.50 $15.50

7. Application for driver licence or driver licence variation where the test is to be conducted by an officer of the Corporation

601(2), 601(3) 601(3)

$9.00

8. Practical test conducted by an officer of the Corporation for driver licence or driver licence variation

601(2), 601(3) $29.50

9. Written test conducted by an officer of the Corporation for driver licence or driver licence variation

601(2), 601(3) $12.00

10. Issue of replacement licence document

223, 303 $15.50

Column 1 Column 2

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Item Description Regulation Fee

11. Issue of replacement permit document

223, 303 $15.50

12. Issue of log book 512(2) $12.00

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SCHEDULE 3

Regulation 602

SEARCH AND EXTRACT FEES

Item Description Fee

1. Issue of certificate under section 84(1) of the Act $6.50

2. Issue of extract of current information $6.50

3. Issue of extract of historical information $12.00

4. Issue of information by telephone on telephone enquiry from a municipality

$6.50

5. Search for any other purposes— (i) of current records (ii) of historical records

$6.50

$12.00

═══════════════

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NOTES

Table of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 1994

Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994.

Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 503(1) Sleeping Berth Standards for Commercial Buses formulated by the National Road Transport Commission and approved on 21 April 1995 by the Ministerial Council for Road Transport, as amended from time to time.

The whole

Regulation 503(2) Part 18 of Australian Design Rule 42/03, General Safety Requirements, published by the Commonwealth of Australia, as amended from time to time.

The whole

Notes

road safety (drivers) regulations 1999

Documents