Road Safety (General) and (Drivers) Amendment Regulations 2014

Road Safety (General) and (Drivers) Amendment Regulations 2014 S.R. No. 145/2014

TABLE OF PROVISIONS Regulation Page STATUTORY RULES 2014

S.R. No. 145/2014

Road Safety Act 1986

Road Safety (General) and (Drivers) Amendment Regulations 2014

The Governor in Council makes the following Regulations: Dated: 23 September 2014 Responsible Minister: TERRY MULDER Minister for Roads

YVETTE CARISBROOKE Clerk of the Executive Council

PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are— (a) to amend the Road Safety (General) Regulations 2009— (i) to prescribe an offence to be an infringement offence within the meaning of the Infringements Act 2006 and the infringement penalty payable as a consequence of the amendments made by the Road Safety Road Rules Amendment Rules 2014; and (ii) to make other minor and technical amendments; and (b) to amend the Road Safety (Drivers) Regulations 2009 to make minor and technical amendments. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986.

2 3 Commencement These Regulations come into operation on 1 October 2014. ______r. 2

3 PART 2—ROAD SAFETY (GENERAL) REGULATIONS 2009 4 Procedures after taking blood samples In regulation 11(2) of the Road Safety (General) Regulations 20091, for "member of the police force" substitute "police officer". 5 Procedure for carrying out preliminary oral fluid test In regulation 17 of the Road Safety (General) Regulations 2009, for "member of the police force" substitute "police officer". r. 4 6 Particulars of report of assessment of drug impairment In regulation 23(d), (f), (i), (j) and (k) of the Road Safety (General) Regulations 2009, for "member of the police force" substitute "police officer". 7 Notice to driver and registered operator In regulation 56(e) of the Road Safety (General) Regulations 2009, for "member of the police force" substitute "police officer". 8 Evidence of identity and entitlement to recover vehicle In regulation 57(1)(c), (2)(a)(iii) and (2)(b)(ii) of the Road Safety (General) Regulations 2009, for "member of the police force" substitute "police officer". 9 Power to prosecute In regulation 82(e) of the Road Safety (General) Regulations 2009, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".

10 Prosecution for parking offences In regulation 83(d) of the Road Safety (General) Regulations 2009, for "or an inspector appointed under Part 8 of the Marine Act 1988" substitute "or a transport safety officer appointed under section 116 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014". 11 Extension of the Act by the Minister

4 In regulation 85(l) of the Road Safety (General) r. 10 Regulations 2009, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries". 12 Amendment of Schedule 4—search and seizure warrant In Schedule 4 to the Road Safety (General) Regulations 2009, for "member(s) of the police force" (wherever occurring) substitute "police officer(s)". 13 Amendment of Schedule 6—parking infringements After item 38 of Schedule 6 to the Road Safety (General) Regulations 2009 insert— "38A 2575 Stopped on a RR 197(1B) 06 penalty traffic island unit". 14 Amendment of Schedule 7—traffic infringements (1) In item 69 of Schedule 7 to the Road Safety (General) Regulations 2009 in column 3, for "Learner driver or holder of a probationary driver licence using any mobile phone" substitute "Learner driver, holder of a probationary driver licence or restricted motor cycle licence using any mobile phone".

(2) In item 75 of Schedule 7 to the Road Safety (General) Regulations 2009 in column 3, for "Fail to have full control, uninterrupted view, at least one hand on handlebars (motor bikes only) or both feet on footrests while motor bike moving" substitute "Fail to ride motor bike correctly, keep proper control of vehicle, drive with uninterrupted view or ride vehicle with person or animal in lap or animal on motor bike". (3) In item 144B of Schedule 7 to the Road Safety (General) Regulations 2009 in column 4, omit "245(1), 245(2), 245(3), 245(4), 245(5),".

5 ______r. 14

6 PART 3—ROAD SAFETY (DRIVERS) REGULATIONS 2009 15 Probationary driver must display P plates In regulation 55(3)(a) of the Road Safety (Drivers) Regulations 20092, for "member of the police force" substitute "police officer". 16 Offence to drive probationary prohibited vehicle In regulation 57(2)(c) of the Road Safety (Drivers) Regulations 2009, for "member of the police force" substitute "police officer". 17 Restrictions affecting certain motor cycle riders r. 15 In regulation 58(4) of the Road Safety (Drivers) Regulations 2009, for "member of the police force" substitute "police officer". 18 Peer passenger restriction for P1 probationary drivers In regulation 61(2)(a) of the Road Safety (Drivers) Regulations 2009, for "member of the police force" substitute "police officer". 19 Definitions for Part 3 Division 1 In regulation 72(1) of the Road Safety (Drivers) Regulations 2009, in paragraph (a) of the definition of duly notified, for "the police force of Victoria or" substitute "Victoria Police or the police force of". 20 Return of driver licence or learner permit In regulation 81(a) of the Road Safety (Drivers) Regulations 2009, for "member of the police force" substitute "police officer".

21 Time for appeal In regulation 85(3) of the Road Safety (Drivers) Regulations 2009, for "member of the police force" (where twice occurring) substitute "police officer".

7 22 Appellant must give notice of appeal r. 21 In regulation 86(2)(b) of the Road Safety (Drivers) Regulations 2009, for "the Victoria Police Force" substitute "Victoria Police". 23 Particulars of order to be given to Corporation In regulation 87(2) of the Road Safety (Drivers) Regulations 2009, for "the Victoria Police Force" substitute "Victoria Police". 24 Search and extract fees In regulation 111(3)(a) of the Road Safety (Drivers) Regulations 2009, for "the Victoria Police Force" substitute "Victoria Police". ═══════════════

Road Safety (General) and (Drivers) Amendment Regulations 2014 S.R. No. 145/2014 ENDNOTES Endnotes

1 Reg. 4: S.R. No. 115/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 84/2012. Subsequently amended by S.R. Nos 118/2013, 135/2013, 150/2013, 153/2013 and 67/2014. 2 Reg. 15: S.R. No. 95/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 86/2013. Subsequently amended by S.R. Nos 28/2010, 135/2013, 150/2013, 153/2013, 174/2013, 175/2013, 27/2014, 46/2014, 84/2014 and 85/2014.