Road Safety (General) Regulations 1999

Version No. 043

Road Safety (General) Regulations 1999

S.R. No. 27/1999

Version incorporating amendments as at 18 November 2008

table of provisions

RegulationPage

Part 1—Preliminary

101Objectives

102Authorising provisions

103Commencement

104Revocation

105Definition

106Certificates under section 78A, 83A or 84

Part 2—Evidence Relating to Alcohol and Drug Offences

201Preliminary breath test devices

202Procedure for breath analysis

203Certificate under section 55(4)

204Procedure for taking blood sample

205Procedures after taking blood samples

206Certificate under section 57(3)

207Certificate under section 57(4)

207ACertificate under section 57(4A)

207BCertificate under section 57(4B)

207COral fluid testing devices

207DProcedure for carrying out preliminary oral fluid test

207EProcedure for taking oral fluid samples under section55E

207FProcedure after taking oral fluid sample

207GCertificate under section 57B(3)

207HCertificate under section 57B(4)

208Notice of immediate licence suspension

209Particulars of report of assessment of drug impairment

210Procedure for collecting urine sample

211Procedures after collecting urine samples

212Certificate under section 57A(3)

213Certificate under section 57A(4)

214Certificate under section 57A(5)

Part 3—Evidence Relating to Speeding and
Other Offences

Division 1—Automatic detection devices and prescribed processes

301Offences detected by automatic detection devices or prescribed processes

302Automatic detection devices

303Use of automatic detection devices

304Interference with automatic detection devices

Division 2—Speed measuring devices

305Prescribed speed measuring devices

306Testing of speed measuring devices

307Sealing of speed measuring devices

308Use of digitectors

309Use of laser devices

310Use of radar devices

311Certificate as to testing and sealing of speed measuring
devices

312Interference with speed measuring device

Division 3—Prescribed processes

313Process for production of printed image

313APrescribed process

Division 4—Engine management system reading devices

313BSpecified engine management system reading devices

313CUse of engine management system reading device

313DObtaining information from an engine management system reading device

Part 3A—Vehicle Impoundment, Immobilisation and Forfeiture

314Notice to driver and registered operator

315Evidence of identity and entitlement to recover vehicle

316Form of search and seizure warrant

317Form of report on execution of warrant

Part 4—Evidence Relating to Mass of Vehicles

Division 1—Portable weighing devices

401Prescribed portable weighing devices

402Testing of portable weighing devices

403Prescribed limits of error for portable weighing devices

404Sealing of portable weighing devices

405Use of portable weighing devices

406Certificate of testing and sealing portable weighing devices

407Interference with portable weighing device

Division 2—Dynamic axle weighing devices

408Prescribed dynamic axle weighing devices

409Testing of dynamic axle weighing devices

410Prescribed limits of error for dynamic axle weighing devices

411Use of dynamic axle weighing devices

412Certificate of testing dynamic axle weighing devices

413Interference with dynamic axle weighing devices

Part 4A—Notice of Reasonable Steps Defence

414Information to be provided regarding reasonable steps defence

Part 4B—Inspections and Searches Concerning Heavy Vehicles

415Embargo notice

416Information to be provided by registered operator

Part 5—Parking Infringements

501Service of parking infringement notices

502Revoked

503Summaries of parking infringements in Schedule 3

Part 6—Traffic Infringements

601Prescribed traffic infringements

602Revoked

603Prescribed particulars of traffic infringement notice

604Payment of penalty

605Withdrawal of traffic infringement notice

606Proof of prior convictions or findings of guilt

Part 6A—Operator Onus

607Prescribed period for making statements

608Prescribed period for accepting or rejecting statements

Part 7—Application of the Act to Public Authorities

701Power to prosecute

702Prosecution for parking offences

703Appropriation of fines

704Extension of the Act by the Minister

Part 8—Savings and Transitionals

801Infringement notices issued under 1988 Regulations

______

SCHEDULES

SCHEDULE 1—Revoked Regulations

SCHEDULE 1A—Certificate under Section 78A

SCHEDULE 2—Certificate under Section 83

SCHEDULE 2A—Search and Seizure Warrant

SCHEDULE 2B—Report on Execution of Search and Seizure Warrant

SCHEDULE 3—Parking Infringements

SCHEDULE 4—Traffic Infringements

SCHEDULE 5—Prescribed Public Authorities, Persons and Funds for Appropriation of Fines

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 043

Road Safety (General) Regulations 1999

S.R. No. 27/1999

Version incorporating amendments as at 18 November 2008

Road Safety (General) Regulations 1999

S.R. No. 27/1999

Part 1—Preliminary

101Objectives

The objectives of these Regulations are—

(a)to prescribe devices and procedures for obtaining evidence in relation to—

Reg. 101(a)(i) amendedby S.R. No. 159/2004 reg.5.

(i)blood or breath alcohol concentration or the presence of alcohol or any other drug; and

(ii)the speed of vehicles; and

(iii)the mass of vehicles; and

(iv)other traffic offences; and

Reg. 101(ab) insertedby S.R. No. 155/2007 reg.4.

(ab)to specify engine management system reading devices and procedures; and

(b)to prescribe the matters to be included in parking infringement notices and traffic infringement notices; and

(c)to prescribe the penalties for parking infringements and traffic infringements; and

(d)to provide for the application of provisions of the Act and regulations to land of public authorities; and

(e)to prescribe other matters authorised under the Road Safety Act 1986.

102Authorising provisions

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

103Commencement

r. 102

These Regulations come into operation on 1 May 1999.

104Revocation

The Regulations listed in Schedule 1 are revoked.

105Definition

In these Regulations—

Act means the Road Safety Act 1986;

Reg. 105
def. of approved camera insertedby S.R. No. 175/2006 reg.5(a).

approved camera means a camera, or a camera belonging to a class of cameras, approved by the Chief Commissioner of Police;

automatic detection device means a detection device prescribed by regulation 302;

Reg. 105
def. of
camera inserted by S.R. No. 88/2000 reg.4(2).

camera includes a device that converts optical images into electronic signals;

Reg. 105
def. of checksum inserted by S.R. No. 88/2000 reg.4(2).

checksum means a number produced by the application of an algorithm to the contents of a digital file (other than a checksum contained in the file);

Reg. 105
def. of computer inserted by S.R. No. 88/2000 reg.4(2).

computer has the same meaning as in Division3 of Part III of the Evidence Act 1958;

Reg. 105
def. of
control unit insertedby S.R. No. 88/2000 reg.4(2), amendedby S.R. Nos 90/2002 reg.4(a), 87/2003 reg.4(a), 120/2005 reg.4(a), substitutedby S.R. No. 175/2006 reg.5(b), amended by S.R. No. 104/2008 reg.4(a).

control unit means—

(a)the part of an automatic detection device referred to in regulation 302(d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p) or (q) that is a computer that processes images captured by a camera and creates a digital file in respect of those images; or

(b)a computer that processes images captured by an approved camera and creates a digital file in respect of those images;

Reg. 105
def. of
data relating to the calculation of average speed insertedby S.R. No. 175/2006 reg.5(a).

data relating to the calculation of average speed, in relation to a motor vehicle, means—

r. 105

(a)the time at which the motor vehicle passed the first point; and

(b)the time at which the motor vehicle passed the second point; and

(c)the shortest distance, expressed in metres, that would be travelled by a motor vehicle between the 2points; and

(d)the calculation of the average speed of the motor vehicle in accordance with section 78(2) of the Act;

Reg. 105
def. of
digital file inserted by S.R. No. 88/2000 reg.4(2), substitutedby S.R. Nos 132/2004 reg.4, 120/2005 reg.4(b), amendedby S.R. No. 175/2006 reg.5(c)(i)(ii).

digital filemeans a file in a digital format, or electronic copy of such a file, which is created by a control unit, or by the process prescribed in regulation 313A, and contains—

(a)one or more digital images; and

(b)data indicating the date on which, and the time and place at which, the image was captured by a camera; and

(ba)in relation to an offence of exceeding a speed limit which is to be prosecuted by reference to the average speed of a motor vehicle, data relating to the calculation of that average speed; and

(c)the checksum for that file;

Reg. 105
def. of
digital image inserted by S.R. No. 88/2000 reg.4(2), substitutedby S.R. No. 175/2006 reg.5(d).

digital imagemeans an image, or electronic copy of an image, of—

(a)a vehicle or part of a vehicle that has been processed by a control unit; or

(b)a speed-limit sign referred to in the Road Safety (Road Rules) Regulations 1999[1];

r. 105

digitector means the device known by that name which determines the speed at which a motor vehicle travels between two vehicle detectors on a road;

dynamic axle weighing device means a device which—

(a)is designed to weigh each axle of a moving vehicle successively; and

(b)is either—

(i)the device known as the Electronic Mass Unit Model 870.3 or 870.4; or

(ii)a device which satisfies the testing requirements in regulations 409 and 410 and which has been approved by the Corporation by notice published in the Government Gazette;

Engineering Department means the head of the Engineering Department of the University of Melbourne or a testing officer of that Department;

Reg. 105
def. of infringement penalty amendedby S.R. Nos 88/2004 reg.4(Sch. 1 item41.1), 77/2008 reg. 4.

r. 105

infringement penalty means—

(a)in relation to a parking infringement—

(i)the amount prescribed in Schedule3 for the purposes of section 87(3) of the Act; or

(ii)in the case of a contravention of section 90E of the Act, 1 penalty unit; or

(iii)the amount fixed by the municipal council under section 87(4) of the Act as the penalty for the parking infringement to which the parking infringement notice relates;

(b)in relation to a traffic infringement—

(i)subject to paragraph (ii), the amount prescribed in Schedule 4 for the purposes of section 88(5) of the Act as the penalty for the traffic infringement to which the traffic infringement notice relates; or

(ii)in the case of a traffic infringement prescribed in regulation 601(1A), the amount prescribed in regulation 601(1B);

Reg. 105
def. of
laser device amended by S.R. Nos 88/2000 reg.4(1)(a), 156/2007 reg.5.

laser device means—

(a)the LTI 20.20 Marksman AT;

(b)the Prolaser 11 Model Auslaser;

(c)the LTI 20-20 Ultralyte LR;

(d)the Prolaser III;

(e)the Pro-Lite;

(f)the Pro-Lite +;

portable weighing device means a portable mechanical or electrical device capable of determining the mass carried on any axle or axles of a motor vehicle or trailer;

r. 105

Reg. 105
def. of
printed image inserted by S.R. No. 88/2000 reg.4(2).

printed image means a printed image produced in accordance with the process as set out in regulation 313;

Reg. 105
def. of
radar device amended by S.R. Nos 88/2000 reg.4(1)(b), 156/2007 reg.6.

radar device means—

(a)the Kustom HR4;

(b)the Kustom Falcon;

(c)the Kustom KR-10SP;

(d)the Kustom Golden Eagle;

(e)the Kustom Silver Eagle;

(f)the Silver Eagle II;

(g)the Stalker Dual DSR;

(h)the Directional Golden Eagle II;

Reg. 105
def. of registered practitioner revoked by S.R. No. 120/1999 reg.714(1).

*****

Reg. 105
def. of removable storage media inserted by S.R. No. 88/2000 reg.4(2).

removable storage media includes disks and magnetic tapes;

Reg. 105
def. of
Road Rules or RR insertedby S.R. No. 120/1999 reg.708.

Road Rules or RR means the Road Rules within the meaning of the Road Safety (Road Rules) Regulations 1999;

Reg. 105
def. of
speedcalculation unit
inserted by S.R. No. 88/2000 reg.4(2), amendedby S.R. Nos 90/2002 reg.4(b), 87/2003 reg.4(b), 120/2005 reg.4(c), 175/2006 reg.5(e), 104/2008 reg.4(b).

speed calculation unit means the part of an automatic detection device referred to in regulation 302(d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p) or (q)that determines the speed of a vehicle, when the vehicle activates the vehicle detectors which form part of the device;

r. 105

speed measuring device means a device prescribed by regulation 305;

testing authority means a person or body (whether corporate or unincorporate) approved by the Corporation for the purposes of Division 2 of Part 4 by notice published in the Government Gazette;

Reg. 105 def.of
testing officer amended by S.R. No. 104/2008 reg.4(c).

testing officer means—

(a)a technical officer or the head of afaculty, school or department of electrical engineering, electronics or communications at a university or post-secondary education institution within the meaning of the Education and Training Reform Act 2006; or

(b)a person skilled in the development and operation of speed measuring devices and authorised in writing by the Chief Commissioner of Police; or

r. 105

(c)a testing officer of a testing body accredited in the field of electrical testing by the National Association of Testing Authorities, Australia (NATA);

Reg. 105
def. of
vehicle detectors inserted by S.R. No. 88/2000 reg.4(2), amendedby S.R. Nos 90/2002 reg.4(c), 87/2003 reg.4(c), 120/2005 reg.4(d), 175/2006 reg.5(f), 104/2008 reg.4(d).

vehicle detectors means the parts of an automatic detection device referred to in regulation 302(d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (p) or (q)that detect the presence of a vehicle.

Reg. 106 (Heading) insertedby S.R. No. 175/2006 reg.6(1).

Reg. 106 inserted by S.R. No 54/1999 reg.13, amended by S.R. No. 172/2001 reg.5(1)(a)(2) (ILA s. 39B(2)).

106Certificates under section 78A, 83A or 84

r. 106

(1)A certificate under section 84 of the Act must, in addition to the matters referred to in section 84(1), (3) or (4A), contain the following prescribed particulars—

(a)the expression "Road Safety Act 1986"; and

(b)the expression "Certificate under Section84"; and

(c)the name and official title of the person issuing the certificate; and

Reg. 106 (1)(ca) inserted by S.R. No. 172/2001 reg.5(1)(b).

(ca)in the case of a certificate issued by an authorised person, a statement to that effect; and

(d)the date on which the certificate is issued.

Reg. 106(2) inserted by S.R. No. 172/2001 reg.5(2), amendedby S.R. No. 175/2006 reg.6(2).

(2)A certificate under section 83A(1) of the Act is in the prescribed form if, in addition to any of the matters referred to in that section, the certificate—

(a)states that it is a certificate issued by an authorised person under section 83A of the Act; and

r. 106

(b)in the case of a certificate certifying that a printed image or message was produced by a prescribed process, is issued by the person who caused that image or message to be printed; and

(c)certifies that, to the best of the knowledge and belief of the person issuing the certificate, the matters set out in the certificate are true and correct.

Reg. 106(3) insertedby S.R. No. 175/2006 reg.6(3).

(3)For the purposes of section 78A of the Act, the prescribed form for a certificate as to the shortest distance that would be travelled on a road between 2 points is the form set out in Schedule 1A.

r. 106

______

Part 2—Evidence Relating to Alcohol and Drug Offences

201Preliminary breath test devices

r. 201

The devices prescribed for the purposes of section53 of the Act are the breath testing devices known as—

(a)the Alcotest 80/A; and

(b)the Lion Alcolmeter also known as the lion alcolmeter S-D2; and

Reg. 201(c) amended by S.R. No. 71/2007 reg.5(a).

(c)the lion alcolmeterSD-400PA; and

Reg. 201(d) insertedby S.R.No. 71/2007 reg.5(b).

(d)the Alcolizer LE.

202Procedure for breath analysis

It is a requirement for the proper operation of a breath analysing instrument that a person authorised under section 55(3) of the Act to operate a breath analysing instrument—

(a)does not require a person to provide a breath sample for analysis until the authorised person is satisfied that the person has not consumed any alcohol for a period of at least 15 minutes before the analysis; and

(b)provides a fresh mouthpiece for use by each person required to provide a breath sample; and

(c)uses only a mouthpiece which, until required for taking a breath sample, has been kept in a sealed container.

Reg. 203 amended by S.R. No. 114/2000 reg.10.

203Certificate under section 55(4)

A certificate under section 55(4) of the Act must, in addition to the matters referred to in that section, contain the following particulars—

(a)the serial number of the breath analysing instrument; and

(b)the sample number; and

(c)the location of the test; and

(d)the name and date of birth of the person whose breath is analysed; and

(e)the surname of the operator; and

(f)the results of the self tests conducted by the breath analysing instrument before and after the person's breath is analysed; and

(g)the results of zero tests conducted by the breath analysing instrument before and after the person's breath is analysed; and

(h)the date and time the person's breath was analysed.

Reg. 204 amended by S.R. Nos 120/1999 reg.714(2), 114/2000 reg.4.

204Procedure for taking blood sample

r. 203

If a blood sample is taken by a registered medical practitioner or an approved health professional for the purposes of the Act, the site of the puncture must be cleansed with a swab taken from a container which—

(a)appears to be sealed against contamination; and

(b)bears a label stating that the container holds an aqueous solution of chlorohexidine and cetrimide and no methylated spirits, alcohol, tincture of iodine or other substance containing alcohol.

205Procedures after taking blood samples

Reg. 205(1) amended by S.R. Nos 120/1999 reg.714(3), 114/2000 reg.5(1)(a).

(1)A registered medical practitioner or an approved health professional who takes a blood sample must ensure that—

(a)the sample of blood is placed in 3 dry containers, each containing approximately the same amount of blood; and

(b)each container is vacuum sealed or sealed with a septum seal; and

(c)each container in which the sample is placed bears a label stating—

(i)that the container holds a specific anti-coagulant and preservative such as potassium oxalate and sodium fluoride; and

(ii)the name of the chemist, laboratory or pharmaceutical organisation that prepared it; and

Reg. 205(1)(d) amended by S.R. Nos 120/1999 reg.714(3), 114/2000 reg.5(1)(b).

(d)each container has attached to it a label bearing the signature of the registered medical practitioner or approved health professional, the date and the time the sample was taken, and the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken.

r. 205

Reg. 205(2) amended by S.R. Nos 120/1999 reg.714(3), 114/2000 reg.5(2)(a)(b).

(2)If a blood sample is taken under section 55 or 55B of the Act, the registered medical practitioner or approved health professional must give one of the containers to a member of the police force and another to the person from whom the sample was taken.

Reg. 205(3) amended by S.R. Nos 120/1999 reg.714(3), 114/2000 reg.5(3).

(3)If a blood sample is taken under section 56 of the Act and has, in accordance with this regulation, been placed in containers which have been sealed and labelled, the doctor must ensure that—

(a)one container is placed in a locked receptacle provided for the purpose at the place at which the sample was taken; and

(b)one container is placed and sealed in a container labelled "screening sample"; and

(c)one container is delivered to the person from whom the blood sample was taken or placed with that person's personal property at the place at which the sample was taken.

Reg. 206 amended by S.R. No. 114/2000 reg.10.

206Certificate under section 57(3)

r. 206

A certificate under section 57(3) of the Act must contain the following particulars—

Reg. 206(a) amended by S.R. Nos 120/1999 reg.714(4), 114/2000 reg.6(a).

(a)a statement by the registered medical practitioner or approved health professional that the requirements of these Regulations for the taking of blood samples have been complied with; and

(b)the name of the person from whom the blood sample was taken; and

(c)the time and date the blood sample was taken; and

Reg. 206(d) amended by S.R. Nos 120/1999 reg.714(4), 114/2000 reg.6(b).

(d)the name and signature of the registered medical practitioner or approved health professional who took the blood sample.

Reg. 207 amended by S.R. No. 114/2000 reg.10.

207Certificate under section 57(4)

A certificate under section 57(4) of the Act must, in addition to a statement as to the concentration of alcohol found in the sample of blood, contain the following particulars—

(a)a statement by the analyst that he or she is an approved analyst within the meaning of section 57 of the Act; and