Road Safety (Drivers) (Young Drivers) Interim Regulations 2007

Road Safety (Drivers) (Young Drivers) Interim Regulations 2007 S.R. No. 72/2007

TABLE OF PROVISIONS

Regulation Page

PART 1—PRELIMINARY 1 1 Objective 1 2 Authorising provision 1 3 Commencement 2 4 Principal Regulations 2

PART 2—DRIVER LICENCE ELIGIBILITY REQUIREMENTS AND VEHICLE POWER RESTRICTIONS 3 5 New definitions 3 6 Eligibility to apply for a licence 3 7 New regulation 201A inserted 4 201A Supervised driving experience for licence applicants less than 21 years 4 8 New regulation 203A inserted 5 203A Applications for driver licence for persons under 21 years of age 5 9 Refusal of driver licence or learner permit 6 10 New regulation 211 substituted 7 211 High powered motor vehicles 7 211A Offence to drive high powered motor vehicle 8 211B Engine capacity limit for holders of probationary motor cycle licence or learner permit 10 11 Regulation 213(2) revoked 10 12 Demerit points 11 13 Transitional provisions 11 702 Probationary licence amendments 11

i PART 3—REVOCATION OF INTERIM REGULATIONS 13 14 Definitions 13 15 New regulation 201(2)(b)(i) substituted 13 16 Regulations 201A, 203A and 205(3) revoked 13 17 New regulation 211 substituted 14 211 Vehicle power restrictions 14 18 Regulations 211A and 211B revoked 15 19 New regulation 213(2) inserted 15 20 Regulation 301 amended 16 21 Regulation 702 revoked 16

PART 4—EXPIRY 17 22 Expiry 17 ═══════════════ ENDNOTES 18

STATUTORY RULES 2007

S.R. No. 72/2007 Road Safety Act 1986

Road Safety (Drivers) (Young Drivers) Interim Regulations 2007

The Governor in Council makes the following Regulations: Dated: 26 June 2007 Responsible Minister: TIM PALLAS Minister for Roads and Ports

RUTH LEACH Clerk of the Executive Council

PART 1—PRELIMINARY

1 Objective The objective of these Regulations is to amend the Road Safety (Drivers) Regulations 1999 to prescribe— (a) eligibility requirements for driver licence applicants; (b) high powered motor vehicle restrictions;

1 Road Safety (Drivers) (Young Drivers) Interim Regulations 2007 S.R. No. 72/2007 Part 1—Preliminary r. 3

(c) demerit points for drug offences under section 49(1) of the Act. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986.

3 Commencement (1) These Regulations (except Part 3) come into operation on 1 July 2007. (2) Part 3 comes into operation on 1 January 2008. 4 Principal Regulations In these Regulations, the Road Safety (Drivers) Regulations 19991 are called the Principal Regulations. ______

PART 2—DRIVER LICENCE ELIGIBILITY REQUIREMENTS AND VEHICLE POWER RESTRICTIONS

5 New definitions In regulation 104 of the Principal Regulations— (a) insert the following definition— "experienced driver, in relation to a motor vehicle, means a person who at the relevant time holds, and for a cumulative period of not less than 2 years before that time has held— (a) a full driver licence which authorises the person to drive that motor vehicle; or (b) an appropriate licence or permit which would exempt the person from the requirements of section 18(1)(a) of the Act in respect of the driving of that motor vehicle and which is not expressed to be provisional or probationary;"; (b) for the definition of high powered motor vehicle substitute— "high powered motor vehicle has the meaning given in regulation 211;". 6 Eligibility to apply for a licence For regulation 201(2)(b)(i) of the Principal Regulations substitute— "(i) if the person is less than 21 years old, not less than 12 months immediately before obtaining a car driver licence; or

(ia) if the person is at least 21 years old but less than 25 years old, not less than 6 months immediately before obtaining a car driver licence; or". 7 New regulation 201A inserted After regulation 201 of the Principal Regulations insert— "201A Supervised driving experience for licence applicants less than 21 years (1) For the purpose of section 19(2)(c) of the Act, in addition to the requirement in regulation 201(2)(b)(i), in the case of an applicant for a driver licence who is under the age of 21 years at the time of his or her application, it is a requirement for being granted a probationary driver licence that the applicant has a minimum driving experience of 120 hours of driving, including the number of hours of night driving determined by the Corporation. (2) The Corporation may exempt a person from the requirement of subregulation (1) if the nature of the person's occupation, employment or family circumstances is such that compliance with the requirement would impose undue hardship on the person or the person's family, taking into consideration— (a) the person's driving experience and the circumstances in which that experience was obtained; and (b) the likely effect of the exemption on safe, efficient and equitable road use in Victoria.

(3) If the Corporation exempts a person from the requirement of subregulation (1) it may impose conditions on the person's driver licence which, for a specified period— (a) limit the carriage of passengers; (b) limit routes of travel; (c) restrict driving to specified times of the day; (d) restrict driving to specified days of the week.". 8 New regulation 203A inserted After regulation 203 of the Principal Regulations insert— "203A Applications for driver licence for persons under 21 years of age (1) For the purpose of section 19(2)(b) of the Act, an applicant for a driver licence who is less than 21 years of age must provide to the Corporation together with his or her licence application— (a) a learner log book showing that the applicant has the minimum driving experience referred to in regulation 201A(1); and (b) a declaration of completion in accordance with subregulation (3). (2) An applicant for a driver licence is not required to comply with subregulation (1) if the applicant has been granted an exemption from the requirement to complete the minimum driving experience under regulation 201A(2).

(3) For the purpose of subregulation (1)(b) a declaration of completion must— (a) be in a form approved by the Corporation; and (b) be signed by the applicant; and (c) contain a statement signed by a driver who has supervised the applicant stating that the applicant has completed the minimum driving experience required by regulation 201A(1). Note It is an offence under section 71 of the Act to attempt to obtain a licence by making a false statement. (4) This regulation does not apply in relation to an application for a motor cycle licence. (5) In this regulation, learner log book means a record, in a form approved by the Corporation, of a person's driving experience.". 9 Refusal of driver licence or learner permit After regulation 205(2) insert— "(3) The Corporation must refuse to consider an application for a driver licence by an applicant who is under 21 years of age at the time of making the application, if the applicant fails to comply with regulation 203A.".

10 New regulation 211 substituted For regulation 211 of the Principal Regulations substitute— "211 High powered motor vehicles (1) Subject to subregulation (2), for the purpose of regulation 211A, a high powered motor vehicle is a motor vehicle (other than a motor cycle or motor trike) which— (a) has an engine with 8 cylinders or more; or (b) has an engine which is turbocharged or supercharged (other than a diesel powered vehicle); or (c) has an engine that has been modified to increase the vehicle's performance (other than a modification made by the manufacturer in the course of the manufacture of the vehicle); or (d) is declared by the Corporation under subregulation (4)(a) to be a high powered motor vehicle for the purposes of this regulation; or (e) has a modification declared by the Corporation under subregulation (4)(b) to be a high powered modification. (2) A high powered motor vehicle does not include a vehicle declared by the Corporation under subregulation (4)(c) not to be a high powered motor vehicle. (3) For the purpose of subregulation (1)(b), an engine is turbocharged if a turbocharger is installed in the vehicle, whether or not it is otherwise attached to the engine.

(4) For the purpose of this regulation, the Corporation, by notice published in the Government Gazette, may— (a) declare that a vehicle or class of vehicle is a high powered motor vehicle; (b) declare that a modification to a vehicle or type of modification to a vehicle is a high powered modification; (c) declare that a vehicle, other than a vehicle with an engine having 8 cylinders or more, is not a high powered motor vehicle. 211A Offence to drive high powered motor vehicle (1) The holder of a probationary driver licence must not drive a high powered motor vehicle on a highway. Penalty: 10 penalty units. (2) Subregulation (1) does not apply to— (a) the holder of a probationary driver licence who is driving a high powered motor vehicle in the course of his or her employment and at the request of his or her employer; or (b) the holder of a probationary driver licence who is exempt from the requirement in subregulation (1) by the Corporation in accordance with subregulation (3); or (c) a member of the police force who, in the course of duty, is driving a motor vehicle; or

(d) a person who is driving a high powered motor vehicle that is also a heavy vehicle if— (i) that person does not hold a driver licence that authorises the holder to drive that motor vehicle; and (ii) he or she is the holder of a driver licence of another category; and (iii) a person who holds an Australian driver licence which is appropriate for the category of vehicle that is being driven is sitting beside him or her; and (iv) there is a driver under instruction plate affixed to, and facing out from, the front and rear of the vehicle. (3) The Corporation, by instrument in writing, may exempt the holder of a probationary driver licence from the requirement of subregulation (1) if the nature of that 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.

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211B Engine capacity limit for holders of probationary motor cycle licence or learner permit (1) The holder of a motor cycle licence who has held that licence for a period of less than 12 months must not— (a) drive a motor cycle with an engine capacity exceeding 260 cubic centimetres; or (b) drive a motor cycle on which there is a pillion passenger. Penalty: 3 penalty units. (2) The holder of a motor cycle learner permit must not— (a) drive a motor cycle with an engine capacity exceeding 260 cubic centimetres; or (b) drive a motor cycle on which there is a pillion passenger. Penalty: 3 penalty units. (3) 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 shorter period than that required in subregulation (1). (4) Subregulations (1)(a) and (2)(a) do not apply to a member of the police force who, in the course of duty, is driving a motor cycle on which there is no pillion passenger.". 11 Regulation 213(2) revoked Regulation 213(2) of the Principal Regulations is revoked.

12 Demerit points (1) After the final item in the table set out at the foot of regulation 301 of the Principal Regulations insert the following item— "Probationary driver RS(D)R 211A 3". driving a high powered motor vehicle (2) In the table set out at the foot of regulation 301 of the Principal Regulations, in column 3 relating to the third and fourth offence for "3" substitute "10". 13 Transitional provisions After regulation 701 of the Principal Regulations insert— "702 Probationary licence amendments (1) Regulation 201(2)(b)(i) (as substituted by regulation 6 of the Road Safety (Drivers) (Young Drivers) Interim Regulations 2007), regulation 201(2)(b)(ia), regulation 201A, regulation 203A and regulation 205(3), apply to a person who holds a learner permit granted by the Corporation on or after 1 July 2007. (2) Regulation 201(2)(b)(i), as in force immediately before 1 July 2007, continues to apply to a person who holds a learner permit granted by the Corporation before that date. (3) Regulations 211A and 211B do not apply to the holder of a probationary licence that was granted before 1 July 2007. (4) Subject to subregulation (5), regulation 211, as in force immediately before 1 July 2007, continues to apply to a person referred to in subregulation (3).

(5) A person referred to in subregulation (3) does not commit an offence against regulation 211(1) (as in force immediately before 1 July 2007) if he or she drives a vehicle— (a) that is a high powered motor vehicle within the meaning of regulation 104 as in force immediately before 1 July 2007; but (b) that is not a high powered motor vehicle within the meaning of regulation 211 as substituted by regulation 10 of the Road Safety (Drivers) (Young Drivers) Interim Regulations 2007.". ______

PART 3—REVOCATION OF INTERIM REGULATIONS

14 Definitions (1) In regulation 104 of the Principal Regulations— (a) the definition of experienced driver is revoked; (b) for the definition of high powered motor vehicle substitute— "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 35 litres per tonne of the unladen mass of the motor vehicle;". 15 New regulation 201(2)(b)(i) substituted For regulations 201(2)(b)(i) and (ia) of the Principal Regulations substitute— "(i) if the person is less than 25 years old, not less than 6 months immediately before obtaining a car driver licence; or". 16 Regulations 201A, 203A and 205(3) revoked Regulations 201A, 203A and 205(3) of the Principal Regulations are revoked.

17 New regulation 211 substituted For regulation 211 of the Principal Regulations substitute— "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. Penalty: 3 penalty units. (2) Subregulation (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 subregulation (3). (3) The Corporation, by instrument in writing, may exempt a person from the requirements of subregulation (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 subregulation (4). (6) The conditions referred to in subregulation (1) or (4) relating to— (a) the driving or 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.". 18 Regulations 211A and 211B revoked Regulations 211A and 211B of the Principal Regulations are revoked. 19 New regulation 213(2) inserted After regulation 213(1) of the Principal Regulations insert— "(2) In subregulation (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.".

20 Regulation 301 amended In the table set out at the foot of regulation 301— (a) omit the following item— "Probationary driver RS(D)R 211A 3". driving a high powered motor vehicle (b) in column 3 relating to the third and fourth offence for "10" substitute "3". 21 Regulation 702 revoked Regulation 702 of the Principal Regulations is revoked. ______

PART 4—EXPIRY

22 Expiry These Regulations expire on 2 January 2008. ═══════════════

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Endnotes

ENDNOTES

18 1 Reg. 4: S.R. No. 26/1999. Reprint No. 3 as at 1 July 2006. Reprinted to S.R. No. 52/2006. Subsequently amended by S.R. No. 38/2007.