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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Road Safety (Further Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 3
4. Purposes of Principal Act 3
5. Definitions 3
6. New sections 3AA and 3AB inserted 4
3AA. Circumstances in which person is to be taken to be in
charge of a motor vehicle 4
3AB. Circumstances in which person is to be taken to be
driving a motor vehicle 5
7. Functions and powers of Corporation 5
8. Registration and renewal of registration 6
9. Seizure of number plates 6
10. New Division 3 inserted in Part 2 7
Division 3--Written-off Vehicles 7
16A. Purposes of Division 7
16B. Definitions 8
16C. When is a vehicle written off? 12
16D. Register of written-off vehicles 13
16E. Appeals regarding written-off vehicle registration 13
16F. Prohibition on registration of vehicles that have
written-off vehicle identifiers 14
11. Learner permits 15
12. Demerit points for certain drink-driving offences 16
13. Circumstances in which a person is in charge of a motor
vehicle for the purposes of Part 5 17
14. Restriction on exercise of court discretion not to cancel a
licence or permit 17
15. Application for re-licensing 17
16. Breath analysis 18
17. General duty of person in charge of motor vehicle 18
18. Holder of number plates to be taken to be vehicle owner for
certain purposes 19
19. Offences to be detected by photographic devices 23
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Clause Page
20. New section 81 substituted 23
81. Certain matters indicated by speed cameras are sufficient
evidence 23
21. Evidence of testing and sealing 24
22. New section 83A inserted 24
83A. Evidence relating to prescribed detection devices 24
23. General evidentiary provisions 25
24. Payment of penalty 27
25. Cancellation of licence or permit for drink-driving infringements 28
26. Disclosure of information 28
27. Application of A.C.T. charges 29
28. New section 103A inserted 29
103A. Transitional provisions--Road Safety (Further
Amendment) Act 2001 29
29. Subject-matter for regulations 30
30. Amendment of Chattel Securities Act 1987 31
31. Amendment of Magistrates' Court Act 1989 32
32. Amendment of Melbourne City Link Act 1995 32
33. Amendment of Road Safety (Alcohol and Drugs
Enforcement Measures) Act 2001 35
34. Statute law revision 36
ENDNOTES 37
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541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 31 October 2001
As amended by Assembly 22 November 2001
A BILL
to make miscellaneous amendments to the Road Safety Act 1986, to
amend the Chattel Securities Act 1987, the Magistrates' Court Act
1989, the Road Safety (Drivers) Act 1991, the Road Safety
(Further Amendment) Act 1991, the Melbourne City Link Act
1995 and the Road Safety (Alcohol and Drugs Enforcement
Measures) Act 2001 and for other purposes.
Road Safety (Further Amendment) Act
2001
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Road Safety Act 1986 so as to--
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(a) provide for the establishment of a register of
written-off vehicles;
(b) make changes to the penalties for drink-
driving offences;
5 (c) enable a breath sample to be furnished for
analysis in any place or vehicle;
(d) define circumstances in which a person is to
be taken to be in charge of, or driving, a
motor vehicle and impose new duties on the
10 person in charge;
(e) provide for the seizure of number plates in
certain circumstances;
(f) make other miscellaneous amendments to
that Act.
15 2. Commencement
(1) Sections 1, 3, 13(4), 27, 33, 34 and this section
come into operation on the day after the day on
which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
20 provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 2002, it
comes into operation on that day.
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3. Principal Act
See:
In this Act, the Road Safety Act 1986 is called Act No.
the Principal Act. 127/1986.
Reprint No. 6
as at
1 December
2000
and
amending
Act Nos
19/1991,
89/1991,
79/2000,
4/2001,
23/2001 and
54/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Purposes of Principal Act
5 In section 1 of the Principal Act, after
paragraph (b) insert--
"(c) to prevent the rebirthing of stolen vehicles;
and".
5. Definitions
10 (1) In section 3(1) of the Principal Act insert the
following definitions--
' "accompanying licensed driver" means a
person, other than a commercial driving
instructor acting as such, who is sitting
15 beside a person, who is driving a motor
vehicle for which that person does not hold
an appropriate driver licence, for the purpose
of enabling that person lawfully to drive that
motor vehicle on a highway;
20 "commercial driving instructor" means a
person who, for financial gain or in the
course of any trade or business, is teaching a
person, who is driving a motor vehicle of a
kind described in section 33(3), for which
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that person does not hold an appropriate
driver licence, to drive that motor vehicle on
a highway;'.
(2) In section 3(1) of the Principal Act, in the
5 definition of "accompanying driver offence" for
"48(1AAA)" substitute "3AA(1)(d)".
(3) In section 3(1) of the Principal Act insert the
following definitions--
' "register of written-off vehicles" means the
10 register of written-off vehicles required by
section 16D;
"written-off vehicle" has the meaning given in
section 16B.'.
6. New sections 3AA and 3AB inserted
15 After section 3 of the Principal Act insert--
"3AA. Circumstances in which person is to be
taken to be in charge of a motor vehicle
(1) Without limiting the circumstances in which
a person is in charge of a motor vehicle, the
20 following persons are to be taken to be in
charge of a motor vehicle for the purposes of
this Act--
(a) a person who is attempting to start or
drive the motor vehicle;
25 (b) a person with respect to whom there are
reasonable grounds for the belief that
he or she intends to start or drive the
motor vehicle;
(c) a commercial driving instructor while
30 the person whom he or she is teaching
to drive is driving or in charge of the
vehicle;
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(d) an accompanying licensed driver while
the person whom he or she is sitting
beside is driving or in charge of the
vehicle.
5 (2) Sub-section (1)(c) or (d) does not affect any
liability of the person being taught or
accompanied for any offence committed by
that person while driving or being in charge
of the motor vehicle.
10 3AB. Circumstances in which person is to be
taken to be driving a motor vehicle
Without limiting the circumstances in which
a person is driving a motor vehicle, a person
who is steering a motor vehicle which is
15 being towed by another motor vehicle is to
be taken to be driving the towed motor
vehicle for the purposes of this Act, whether
or not the towed motor vehicle has any other
means of propulsion and whether or not the
20 person steering it has any control over its
means of propulsion.".
7. Functions and powers of Corporation
In the Principal Act--
(a) in section 5AA, after paragraph (b) insert--
25 "(ba) to maintain a register of written-off
vehicles in accordance with the
regulations; and";
(b) in section 5AB(1), after paragraph (f)
insert--
30 "(fa) enter or refuse to enter a vehicle on the
register of written-off vehicles; and
(fb) amend or refuse to amend an entry on
the register of written-off vehicles; and
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(fc) remove or refuse to remove an entry
from the register of written-off
vehicles; and";
(c) in section 5AB(1)(g), after "fees" insert
5 "(including fees in relation to the register of
written-off vehicles)";
(d) in section 5AB(1), for paragraph (k)
substitute--
"(k) fix fees for services provided by the
10 Corporation in connection with--
(i) the registration, or the late
renewal of registration, of motor
vehicles or trailers;
(ii) the issue of number plates,
15 permits, tester's licences and
certificates of roadworthiness;
(iii) the entry of vehicles on the
register of written-off vehicles, the
amendment, removal and
20 inspection of entries and the
issuing of certificates in relation
to information from the register;
and".
8. Registration and renewal of registration
25 At the foot of section 9(1) of the Principal Act
insert--
"Note: Section 16F contains prohibitions on registration and
renewal of registration in respect of written-off
vehicles.".
30 9. Seizure of number plates
In section 16 of the Principal Act, after sub-
section (1) insert--
"(1A) A member of the police force, or an officer
of the Corporation authorised by the
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Corporation for the purposes of this sub-
section, may take possession of any number
plate displayed on a motor vehicle or trailer
which the member has reasonable grounds
5 for suspecting--
(a) does not bear the registration number
last assigned to that motor vehicle or
trailer by the Corporation; or
(b) is displayed on a motor vehicle or
10 trailer--
(i) that is not registered under Part 2
or exempted from registration
under the regulations; and
(ii) in relation to which the period
15 during which the registration of
the vehicle may be renewed in
accordance with the regulations
has expired--
and may return it to the Corporation or retain
20 it until the member is satisfied that
circumstances exist that allow it to be used
without being subject to being taken
possession of under this sub-section.".
10. New Division 3 inserted in Part 2
25 After Division 2 of Part 2 of the Principal Act
insert--
'Division 3--Written-off Vehicles
16A. Purposes of Division
The purposes of this Division are--
30 (a) to curtail trade in stolen motor vehicles
by preventing vehicle information
about written-off vehicles, particularly
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vehicle identifiers, being used to
register stolen motor vehicles;
(b) to facilitate inspections of written-off
vehicles that have been repaired;
5 (c) to make information available to
prospective purchasers about whether a
motor vehicle has previously been
written off.
16B. Definitions
10 In this Division--
"insurer" means a person who carries on
the business of insuring motor vehicles
and includes any other person, or class
of person, declared to be an insurer by
15 the regulations;
"interstate written-off vehicles register"
means a register kept under a law of
another State or of a Territory that
corresponds to the register required by
20 section 16D;
"late model vehicle" means a motor vehicle
that is not more than 15 years old (age
being determined by the date of
manufacture);
25 "motor wrecker" means a person who
carries on the business of--
(a) demolishing or dismantling motor
vehicles or parts of, or accessories
for, motor vehicles; or
30 (b) buying motor vehicles and
substantially demolished or
dismantled motor vehicles and
selling substantially demolished or
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dismantled motor vehicles
(whether or not the person also
sells parts of, or accessories for,
motor vehicles);
5 "repairable write-off" means a motor
vehicle that is written off but is not a
statutory write-off;
"self-insurer" means a corporation or
partnership that owns 5 or more late
10 model vehicles--
(a) that are registered under
Division 2 for use on a highway or
registered for use on a highway by
a registration authority in another
15 State or a Territory; and
(b) in respect of which there is no
insurance policy with an insurer
covering loss or damage of each
vehicle;
20 "statutory write-off" means a motor
vehicle that is written off and is--
(a) a motor vehicle (other than a
motor cycle) that has been
damaged by at least 3 of the
25 following impact damage
indicators--
(i) damage to an area of the roof
equal to or exceeding
300 millimetres by
30 300 millimetres; or
(ii) damage to an area of the
cabin floor pan equal to or
exceeding 300 millimetres
by 300 millimetres; or
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(iii) damage to an area of the
firewall equal to or
exceeding 300 millimetres
by 300 millimetres; or
5 (iv) any damage to the
suspension; or
(v) damage (cracked or broken)
to major mechanical
components such as the
10 engine block and
transmission casings; or
(b) a motor cycle that has impact
damage (excluding scratching) to
the suspension and at least 2 areas
15 of structural frame damage; or
(c) a motor vehicle (other than a
motor cycle) that has been--
(i) immersed in salt water above
the doorsill level for any
20 period; or
(ii) immersed in fresh water up
to the dashboard or steering
wheel for more than
48 hours; or
25 (d) a motor cycle that has been--
(i) fully immersed in salt water
for any period; or
(ii) fully immersed in fresh
water for more than 48
30 hours; or
(e) a motor vehicle that has been
burnt to such an extent that it is
only fit for wrecking or scrap; or
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(f) a motor vehicle that has been
stripped of all, or a combination of
most, interior and exterior body
parts, panels and components;
5 Examples
Examples of interior and exterior body
parts, panels and components of a motor
vehicle are the engine, wheels, bonnet,
guards, doors and boot lid.
10 "vehicle identifier", in relation to a motor
vehicle, means--
(a) in the case of a motor vehicle
manufactured before 1 January
1989, the number quoted on the
15 compliance plate that uniquely
identifies the vehicle and sets it
apart from similar vehicles and
that corresponds to the
identification number of the
20 vehicle that is permanently
recorded elsewhere on the vehicle;
or
(b) in any other case, the vehicle
identification number (or "VIN")
25 marked on the motor vehicle in
accordance with clause 58 of
Schedule 8 to the Road Safety
(Vehicles) Regulations 1999 or in
accordance with a law of another
30 State or a Territory that
corresponds with that clause;
"written-off vehicle" means--
(a) a statutory write-off; or
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(b) a repairable write-off.
16C. When is a vehicle written off?
(1) For the purposes of this Division, a motor
vehicle is written off if--
5 (a) the vehicle has been damaged by
collision, fire, flood, accident, trespass
or other event or circumstances; and
(b) the insurer or self-insurer of the vehicle
or, if there is no insurer or self-insurer,
10 the registered operator of the vehicle
makes a determination that the extent of
the damage is such that the vehicle's
fair salvage value plus the cost of
repairing it for use on a road or road
15 related area would be more than its fair
market value immediately before the
event or circumstances that caused the
damage.
(2) An insurer of a vehicle referred to in sub-
20 section (1)(a) is taken to have made a
determination under sub-section (1)(b) if the
insurer--
(a) allows a claim for the full insured value
of the vehicle; or
25 (b) disposes of the vehicle to a third party.
(3) A self-insurer of a vehicle referred to in sub-
section (1)(a) is taken to have made a
determination under sub-section (1)(b) if the
self-insurer disposes of the vehicle to a third
30 party.
(4) A registered operator of a vehicle referred to
in sub-section (1)(a) is taken to have made a
determination under sub-section (1)(b) if the
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registered operator disposes of the vehicle to
a motor wrecker.
(5) Nothing in sub-section (2), (3) or (4) limits
the circumstances in which an insurer, self-
5 insurer or registered operator may be taken
to have made a determination referred to in
sub-section (1)(b).
16D. Register of written-off vehicles
(1) The Corporation must maintain a register of
10 written-off vehicles in accordance with the
regulations.
(2) Entries on the register of written-off vehicles
may be made, amended and removed only in
accordance with the regulations.
15 (3) The Corporation must ensure that a person
who notifies the Corporation of a written-off
vehicle, or who applies for an entry on the
register of written-off vehicles to be
amended or removed, is informed at the time
20 of notification or application (as the case
requires) that any information given or
document submitted in connection with the
notification or application, or a copy of such
a document, may be disclosed or used for
25 investigation, law enforcement and other
purposes in accordance with section 92.
16E. Appeals regarding written-off vehicle
registration
(1) If the Corporation decides to--
30 (a) refuse to enter a vehicle on the register
of written-off vehicles; or
(b) refuse to amend an entry on the register
of written-off vehicles; or
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(c) refuse to remove an entry from the
register of written-off vehicles--
a person referred to in sub-section (2) may
appeal against that decision to the
5 Magistrates' Court in accordance with the
regulations.
(2) An appeal may be made under sub-section
(1) by--
(a) the owner of the vehicle; or
10 (b) a person who notified the Corporation
that the vehicle was a written-off
vehicle; or
(c) a person who applied for the entry to be
amended or removed.
15 (3) On an appeal under sub-section (1), the court
must--
(a) re-determine the matter of the refusal;
and
(b) hear any relevant evidence tendered by
20 the appellant and the Corporation; and
(c) without limiting its discretion, take into
consideration anything that the
Corporation ought to have considered.
(4) The Corporation must give effect to the
25 decision of the Magistrates' Court on an
appeal.
16F. Prohibition on registration of vehicles that
have written-off vehicle identifiers
(1) The Corporation must not register, or renew
30 the registration of, a vehicle under Division 2
if its vehicle identifier is the same as the
vehicle identifier of a vehicle that is entered
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on the register of written-off vehicles as a
statutory write-off.
(2) The Corporation must not register, or renew
the registration of, a vehicle under Division 2
5 if--
(a) its vehicle identifier is the same as the
vehicle identifier of a vehicle that is
entered on an interstate written-off
vehicles register as a statutory write-
10 off; and
(b) the Corporation knows of the entry on
the interstate register.
(3) The Corporation must not register, or renew
the registration of, a vehicle under Division 2
15 if its vehicle identifier is the same as the
vehicle identifier of a vehicle that is entered
on the register of written-off vehicles as a
repairable write-off except as permitted by
the regulations.
20 (4) The Corporation must not register, or renew
the registration of, a vehicle under Division 2
if--
(a) its vehicle identifier is the same as the
vehicle identifier of a vehicle that is
25 entered on an interstate written-off
vehicles register as a repairable write-
off; and
(b) the Corporation knows of the entry on
the interstate register--
30 except as permitted by the regulations.'.
11. Learner permits
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In section 22(2)(a) of the Principal Act, for
"17 years and 9 months" substitute "18 years".
12. Demerit points for certain drink-driving offences
In section 25 of the Principal Act, after
5 sub-section (2) insert--
"(2A) Without limiting sub-section (2), the
Corporation must, in respect of the day on
which the offence is alleged to have been
committed, record 10 demerit points against
10 a person--
(a) who is found guilty of an offence under
section 49(1)(b), (f) or (g) but the court
does not record a conviction and, in
accordance with section 50(1AB), does
15 not cancel the person's driver licence or
permit; or
(b) who is convicted or found guilty of an
offence under section 49(1)(b), (f) or
(g) in circumstances in which
20 section 50(1) applies and the court does
not cancel the person's driver licence or
permit; or
(c) to whom a traffic infringement notice
has been issued in respect of a drink-
25 driving infringement if--
(i) no notice of objection to the
infringement notice has been
given and the 28 day period
referred to in section 89C has
30 expired; and
(ii) the person's driver licence or
permit is not cancelled by force of
section 89C(1).
(2B) Nothing in sub-section (2A) prevents
35 regulations being made under a power
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conferred by this Act that make provision to
the same effect as that sub-section.".
13. Circumstances in which a person is in charge of a
motor vehicle for the purposes of Part 5
5 (1) In section 28(5) of the Principal Act, after
"charge" insert "(within the meaning of Part 5)".
(2) In section 48(1)(b) of the Principal Act, for
"attempting to start or drive the motor vehicle or
unless there are reasonable grounds for the belief
10 that that person intends to start or drive the motor
vehicle" substitute "a person to whom
section 3AA(1)(a), (b), (c) or (d) applies".
(3) In section 48 of the Principal Act, sub-sections
(1AA), (1AAA) and (1AB) are repealed.
See:
15 (4) In section 16(1) of the Road Safety (Further Act No.
Amendment) Act 1991, in proposed 89/1991
and
section 89C(1A) of the Road Safety Act 1986, amending
after "charge" insert "(within the meaning of Act No.
23/2001.
Part 5)".
20 14. Restriction on exercise of court discretion not to
cancel a licence or permit
In section 50(1AB)(b) of the Principal Act, for
"0·10" substitute "0·07".
15. Application for re-licensing
25 (1) In section 50(4) of the Principal Act--
(a) for "to the Chief Commissioner of Police and
a registrar of the court" substitute "and of
the venue of the Court at which it is to be
made to the Chief Commissioner of Police
30 and the appropriate registrar of the Court";
(b) for "venue of the Magistrates' Court
ascertained in accordance with the
regulations" substitute "Magistrates' Court".
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16. Breath analysis
(1) In section 55(1) and (2) of the Principal Act, for
"a police station or other place" substitute "a
place or vehicle".
5 (2) At the foot of section 55(1) and (2) of the
Principal Act insert--
"Example
A person may be required to go to a police station, a public
building, a booze bus or a police car to furnish a sample of
10 breath.".
17. General duty of person in charge of motor vehicle
(1) In section 59(1) of the Principal Act, after "driver"
(where first occurring) insert "or person in
charge".
15 (2) In section 59(1)(d) of the Principal Act, after
"driver" insert "or person in charge of the motor
vehicle".
(3) In section 59(4) of the Principal Act--
(a) after "driver" (where first occurring) insert
20 "or person in charge of a motor vehicle";
(b) in paragraph (b), after "driver" insert "or
person in charge".
(4) In section 59(5) of the Principal Act, after
"driving" insert "or in charge of".
25 (5) In section 59(6) of the Principal Act--
(a) after "driver" (where first occurring) insert
"or person in charge of a motor vehicle";
(b) after "driver" (where secondly occurring)
insert "or person in charge".
30 (6) In section 59(7) of the Principal Act, after "driver"
insert "or person in charge of the motor vehicle".
(7) In section 59(8) of the Principal Act--
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(a) after "driver" (where first occurring) insert
"or person in charge of a motor vehicle";
(b) in paragraph (a), after "driver" insert "or
person in charge".
5 18. Holder of number plates to be taken to be vehicle
owner for certain purposes
(1) In section 60 of the Principal Act, for sub-
section (3) substitute--
"(3) For the purposes of this section "owner"
10 means--
(a) the owner or the person in whose name
the motor vehicle was registered at the
time when the vehicle was being driven
by the person about whom the
15 information is sought or at the time
when the requirement is made; or
(b) any person who had possession or
control of the vehicle at either of those
times; or
20 (c) if the motor vehicle displayed a number
plate at either of those times--
(i) the person who, at the time at
which the registration number
borne by that number plate was
25 last assigned by the Corporation
or the corresponding body under a
corresponding Act, was the person
in whose name the motor vehicle,
to which that registration number
30 was assigned, was registered
under this Act or a corresponding
Act of the Commonwealth or of
another State or Territory of the
Commonwealth, whether or not
35 that motor vehicle is the same as
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the motor vehicle about which
information is sought; or
(ii) the person whose name is
disclosed in the records kept by
5 the Corporation or the
corresponding body under a
corresponding Act as being
entitled, or last entitled, to use or
possess that number plate at the
10 time when the vehicle was being
driven by the person about whom
the information is sought or at the
time when the requirement is
made.".
15 (2) In section 60A of the Principal Act, for
sub-section (3) substitute--
"(3) For the purposes of this section "owner"
means--
(a) the owner or the person in whose name
20 the trailer was registered at the time
when the trailer was attached to the
motor vehicle that was being driven by
the person about whom the information
is sought or at the time when the
25 requirement is made; or
(b) any person who had possession or
control of the trailer at either of those
times; or
(c) if the trailer displayed a number plate at
30 either of those times--
(i) the person who, at the time at
which the registration number
borne by that number plate was
last assigned by the Corporation
35 or the corresponding body under a
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s. 18
Act No.
corresponding Act, was the person
in whose name the trailer, to
which that registration number
was assigned, was registered
5 under this Act or a corresponding
Act of the Commonwealth or of
another State or Territory of the
Commonwealth, whether or not
that trailer is the same as the
10 trailer about which information is
sought; or
(ii) the person whose name is
disclosed in the records kept by
the Corporation or the
15 corresponding body under a
corresponding Act as being
entitled, or last entitled, to use or
possess that number plate at the
time when the trailer was attached
20 to the motor vehicle that was
being driven by the person about
whom the information is sought or
at the time when the requirement
is made.".
25 (3) In section 66(1) of the Principal Act, after "stolen
motor vehicle" insert "or that the number plates
displayed on the motor vehicle were stolen".
(4) In section 66(5) of the Principal Act, after
paragraph (c) insert--
30 "(ca) if the motor vehicle displays a number
plate--
(i) the person who, at the time at which the
registration number borne by that
number plate was last assigned by the
35 Corporation or the corresponding body
under a corresponding Act, was the
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s. 18
Act No.
person in whose name the motor
vehicle, to which that registration
number was assigned, was registered
under this Act or a corresponding Act
5 of the Commonwealth or of another
State or Territory of the
Commonwealth, whether or not that
motor vehicle is the same as the motor
vehicle involved in the offence; or
10 (ii) the person whose name is disclosed in
the records kept by the Corporation or
the corresponding body under a
corresponding Act as being entitled, or
last entitled, to use or possess that
15 number plate at the time of the offence;
or".
(5) In section 85 of the Principal Act, in the definition
of "owner", after paragraph (c) insert--
"(ca) if the motor vehicle displays a number
20 plate--
(i) the person who, at the time at which the
registration number borne by that
number plate was last assigned by the
Corporation or the corresponding body
25 under a corresponding Act, was the
person in whose name the motor
vehicle, to which that registration
number was assigned, was registered
under this Act or a corresponding Act
30 of the Commonwealth or of another
State or Territory of the
Commonwealth, whether or not that
motor vehicle is the same as the motor
vehicle involved in the offence; or
35 (ii) the person whose name is disclosed in
the records kept by the Corporation or
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s. 19
Act No.
the corresponding body under a
corresponding Act as being entitled, or
last entitled, to use or possess that
number plate at the time of the offence;
5 or".
(6) In section 86(1) of the Principal Act, after "stolen
vehicle" insert "or that the number plates
displayed on the vehicle were stolen".
19. Offences to be detected by photographic devices
10 In section 66 of the Principal Act, after
sub-section (2) insert--
"(2A) Despite anything to the contrary in sub-
section (2), the payment of a penalty or the
recording of demerit points in respect of a
15 prescribed offence--
(a) may be recorded for the purposes of a
heavy vehicle registration suspension
scheme within the meaning of
section 89(7); and
20 (b) does not prevent the suspension of the
registration of a heavy vehicle under
that scheme.".
20. New section 81 substituted
For section 81 of the Principal Act substitute--
25 "81. Certain matters indicated by speed cameras
are sufficient evidence
(1) If in proceedings for an offence to which
section 66 applies the speed at which a motor
vehicle travelled on any occasion is relevant,
30 evidence of the speed of the motor vehicle as
indicated or determined on that occasion
by--
(a) a detection device prescribed for the
purposes of section 66 when tested,
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s. 21
Act No.
sealed and used in the prescribed
manner; or
(b) an image or message produced by a
detection device prescribed for the
5 purposes of section 66 when tested,
sealed and used in the prescribed
manner; or
(c) an image or message produced by a
prescribed process when used in the
10 prescribed manner--
is, without prejudice to any other mode of
proof and in the absence of evidence to the
contrary, proof of the speed of the motor
vehicle on that occasion.
15 (2) If in proceedings for an offence to which
section 66 applies the speed limit at the time
and place at which a motor vehicle travelled
on any occasion is relevant, evidence of the
speed limit at that time and place as
20 indicated or determined on that occasion by
an image or message produced by a
prescribed process when used in the
prescribed manner is, without prejudice to
any other mode of proof and in the absence
25 of evidence to the contrary, proof of the
speed limit on that occasion.".
21. Evidence of testing and sealing
In section 83 of the Principal Act, omit ", 81".
22. New section 83A inserted
30 After section 83 of the Principal Act insert--
'83A. Evidence relating to prescribed detection
devices
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s. 22
Act No.
(1) A certificate in the prescribed form
purporting to be issued by an authorised
person certifying--
(a) that a prescribed detection device for
5 the purposes of section 66 was tested,
sealed or used in the prescribed
manner; or
(b) that an image or message described in
the certificate was produced by a
10 detection device prescribed for the
purposes of section 66 or by a
prescribed process; or
(c) as to any other matter that appears in,
or that can be determined from, the
15 records kept in relation to the detection
device or the prescribed process by the
police force of Victoria--
is admissible in evidence in any proceedings
and, in the absence of evidence to the
20 contrary, is proof of the matters stated in the
certificate.
(2) In this section "authorised person" means a
person authorised for the purposes of this
section by the Chief Commissioner of
25 Police.'.
23. General evidentiary provisions
(1) In section 84(1) of the Principal Act, after
"Department of Infrastructure (where first
occurring) insert "or an authorised person".
30 (2) In section 84(2) of the Principal Act, after
paragraph (a) insert--
"(ab) the registration number assigned to a motor
vehicle or trailer; or
25
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Road Safety (Further Amendment) Act 2001
s. 23
Act No.
(ac) the person who is entitled to use or possess a
number plate bearing a particular registration
number; or".
(3) In section 84 of the Principal Act, after
5 sub-section (4) insert--
"(4A) A certificate containing the prescribed
particulars purporting to be issued by the
Corporation or the Department of
Infrastructure or an authorised person
10 certifying that on a particular date--
(a) a particular registration number was
assigned to a particular motor vehicle
or trailer; or
(b) a particular person was entitled to use
15 or possess a number plate bearing a
particular registration number--
is admissible in evidence in any proceedings
and, in the absence of evidence to the
contrary, is proof that on that date that
20 registration number was assigned to that
motor vehicle or trailer or that person was
entitled to use or possess that number plate,
as the case requires.
(4B) A certificate or document which purports to
25 have been issued under any Act of the
Commonwealth or of another State or
Territory of the Commonwealth
corresponding to this Act certifying that on a
particular date--
30 (a) a particular registration number was
assigned under the corresponding Act
to a particular motor vehicle or trailer;
or
(b) a particular person was entitled under
35 the corresponding Act to use or possess
26
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Road Safety (Further Amendment) Act 2001
s. 23
Act No.
a number plate bearing a particular
registration number--
is admissible in evidence in any proceedings
and, in the absence of evidence to the
5 contrary, is proof that on that date that
registration number was assigned to that
motor vehicle or trailer or that person was
entitled to use or possess that number plate,
as the case requires.".
10 (4) In section 84(7) of the Principal Act, after
paragraph (c) insert--
"(ca) a number plate bearing a registration number
displayed on a motor vehicle involved in the
offence is, in the absence of evidence to the
15 contrary, proof that the motor vehicle
involved in the offence was the motor
vehicle to which that registration number
was assigned at the date and time of the
offence; or".
20 (5) In section 84 of the Principal Act, after
sub-section (7) insert--
'(8) In this section--
"authorised person" means a person who is
authorised or who is the holder of a
25 position authorised for the purposes of
this section by the Corporation.'.
24. Payment of penalty
In section 89 of the Principal Act, after
sub-section (5) insert--
30 "(6) Despite anything to the contrary in this
section, the fact that payment of a penalty
was made or a conviction was imposed by
27
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Road Safety (Further Amendment) Act 2001
s. 24
Act No.
the court in respect of an infringement for
which an infringement notice was served--
(a) may be recorded for the purposes of a
heavy vehicle registration suspension
5 scheme; and
(b) does not prevent the suspension of the
registration of a heavy vehicle under
that scheme.
(7) In sub-section (6) a heavy vehicle
10 registration suspension scheme is a scheme
established under the regulations permitting
the suspension of the registration of heavy
vehicles for speeding offences and includes
any corresponding scheme established under
15 the Interstate Road Transport Act 1985 of
the Commonwealth or under an Act of
another State or Territory.".
25. Cancellation of licence or permit for drink-driving
infringements
20 In section 89C(1) of the Principal Act, for
paragraph (a) substitute--
"(a) the blood alcohol concentration specified in
the notice is--
(i) 0·05 grams per 100 millilitres of blood
25 or more, if section 52 applies to the
person; or
(ii) 0·07 grams per 100 millilitres of blood
or more, in any other case; and".
26. Disclosure of information
30 In section 92 of the Principal Act, after sub-
section (2) insert--
"(2A) Sub-section (2) does not prevent the
disclosure or use of the following
information--
28
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s. 26
Act No.
(a) the fact that a vehicle is or has been
entered on the register of written-off
vehicles;
(b) the date on which, or the period during
5 which, a vehicle was entered on the
register of written-off vehicles;
(c) any information entered in, or derived
from, the register of written-off
vehicles that relates to the nature or
10 extent of damage to any vehicle;
(d) any other information entered in, or
derived from, the register of written-off
vehicles that is of a kind prescribed by
the regulations.".
15 27. Application of A.C.T. charges
In section 95A(2) of the Principal Act--
(a) in paragraph (a), omit "(except Division 3)";
(b) paragraph (b) is repealed;
(c) in paragraph (c), for "referred to in
20 section 2(b) of the Commonwealth Act"
substitute "to which section 2(2) of the
Commonwealth Act applies".
28. New section 103A inserted
After section 103 of the Principal Act insert--
25 "103A. Transitional provisions--Road Safety
(Further Amendment) Act 2001
(1) The amendment of section 22(2)(a) made by
section 11 of the Road Safety (Further
29
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Road Safety (Further Amendment) Act 2001
s. 28
Act No.
Amendment) Act 2001 has effect only with
respect to learner permits granted after the
commencement of that section of that Act.
(2) The amendment of section 50(1AB)(b) made
5 by section 14 of the Road Safety (Further
Amendment) Act 2001 applies only to
offences alleged to have been committed on
or after the commencement of that section of
that Act.
10 (3) For the purposes of sub-section (2), if an
offence is alleged to have been committed
between two dates, one before and one after
the commencement of section 14 of the
Road Safety (Further Amendment) Act
15 2001, the offence is alleged to have been
committed before the commencement of that
section.
(4) The amendment of section 89C(1) made by
section 25 of the Road Safety (Further
20 Amendment) Act 2001 applies to any traffic
infringement notice issued in respect of a
drink-driving infringement on or after the
commencement of that section of that Act,
irrespective of when the infringement was
25 committed.".
29. Subject-matter for regulations
(1) In Schedule 2 to the Principal Act--
(a) in item 12, after "trailers" insert "and
requiring the Corporation to be notified of
30 written-off vehicles";
30
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s. 29
Act No.
(b) in item 13, after "trailers" insert "or of
written-off vehicles";
(2) In Schedule 2 to the Principal Act, after item 16B
insert--
5 "16C. Requirements to be complied with before a vehicle
may be entered on the register of written-off vehicles
and procedures for making or refusing to make entries
on that register.
16D. Requirements to be complied with before an
10 amendment may be made to the register of written-off
vehicles and procedures for amending or refusing to
amend that register.
16E. Requirements to be complied with before an entry
may be removed from the register of written-off
15 vehicles and procedures for removing or refusing to
remove an entry from that register.
16F. The placing or affixing of labels, notices or other
marks on written-off vehicles, the requirements to be
complied with in relation to displaying or affixing
20 those labels, notices or marks and their removal.".
(3) In Schedule 2 to the Principal Act, after item 39A
insert--
"39B. Requiring the fitting and use of devices to limit the
speed of a specified class of heavy vehicles.
25 39C. Requiring an owner of a heavy vehicle required to be
fitted with a speed limiting device to demonstrate that
the device is operating properly.".
30. Amendment of Chattel Securities Act 1987
31
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Road Safety (Further Amendment) Act 2001
s. 30
Act No.
In section 13(1)(a) and (b) of the Chattel
See:
Act No. Securities Act 1987, after "that Act" insert "or
15/1987.
that are written-off vehicles within the meaning of
Reprint No. 2
that Act".
as at
1 July 1999
and
amending
Act Nos
99/2000 and
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
5 31. Amendment of Magistrates' Court Act 1989
See: In Schedule 7 to the Magistrates' Court Act
Act No.
1989, after clause 9(2) insert--
51/1989.
Reprint No. 7
"(3) Despite anything to the contrary in this clause, the
as at
making of an enforcement order in relation to an
1 June 2001
10 and offence which is a traffic infringement within the
amending
meaning of the Road Safety Act 1986 does not
Act Nos
prevent the incurring of demerit points under
92/2000,
section 25 of that Act in relation to that infringement.
99/2000,
32/2001,
(4) Despite anything to the contrary in this clause, the
44/2001 and
15 45/2001. making of an enforcement order--
LawToday:
(a) may be recorded for the purposes of a heavy
www.dms.
dpc.vic. vehicle registration suspension scheme within
gov.au
the meaning of section 89(7) of the Road
Safety Act 1986; and
20 (b) does not prevent the suspension of the
registration of a vehicle under that scheme.".
32. Amendment of Melbourne City Link Act 1995
32
541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001
Road Safety (Further Amendment) Act 2001
s. 32
Act No.
(1) In section 69 of the Melbourne City Link Act See:
Act No.
1995, in the definition of "owner", after 107/1995.
paragraph (c) insert-- Reprint No. 3
as at
"(ca) if the vehicle displays a number plate-- 1 July 1999
and
5 (i) the person who, at the time at which the amending
Act Nos
registration number borne by that 4/2000,
number plate was last assigned by the 69/2000,
74/2000,
Roads Corporation or the 81/2000,
corresponding body under a 32/2001 and
54/2001.
10 corresponding Act, was the person in LawToday:
whose name the motor vehicle, to www.dms.
dpc.vic.
which that registration number was gov.au
assigned, was registered under the
Road Safety Act 1986 or a
15 corresponding Act of the
Commonwealth or of another State or
Territory of the Commonwealth,
whether or not that vehicle is the same
as the vehicle involved in the offence;
20 or
(ii) the person whose name is disclosed in
the records kept by the Roads
Corporation or the corresponding body
under a corresponding Act as being
25 entitled, or last entitled, to use or
possess that number plate at the time of
the offence; or".
(2) In section 72(3) of the Melbourne City Link Act
1995, at the end of paragraph (b) insert--
30 "; or
(c) a statement that the number plates displayed
on the vehicle at the relevant time were
stolen.".
33
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Road Safety (Further Amendment) Act 2001
s. 32
Act No.
(3) In section 87(1) of the Melbourne City Link Act
1995, after "stolen vehicle" insert "or that the
number plates displayed on the vehicle were
stolen".
5 (4) In section 89(2) of the Melbourne City Link Act
1995, after "Department of Infrastructure" insert
"or an authorised person".
(5) In section 89 of the Melbourne City Link Act
1995, after sub-section (3) insert--
10 "(3A) A certificate containing the prescribed
particulars purporting to be issued by the
Roads Corporation or the Department of
Infrastructure or an authorised person
certifying that on a particular date--
15 (a) a particular registration number was
assigned to a particular vehicle; or
(b) a particular person was entitled, or last
entitled, to use or possess a number
plate bearing a particular registration
20 number--
is admissible in evidence in any proceedings
and, in the absence of evidence to the
contrary, is proof that on that date that
registration number was assigned to that
25 vehicle or that person was entitled, or last
entitled, to use or possess that number plate,
as the case requires.
(3B) A certificate or document which purports to
have been issued under any Act of the
30 Commonwealth or of another State or
Territory of the Commonwealth
corresponding to the Road Safety Act 1986
certifying that on a particular date--
34
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Road Safety (Further Amendment) Act 2001
s. 33
Act No.
(a) a particular registration number was
assigned under the corresponding Act
to a particular vehicle; or
(b) a particular person was entitled, or last
5 entitled, under the corresponding Act to
use or possess a number plate bearing a
particular registration number--
is admissible in evidence in any proceedings
and, in the absence of evidence to the
10 contrary, is proof that on that date that
registration number was assigned to that
vehicle or that person was entitled, or last
entitled, to use or possess that number plate,
as the case requires.".
15 (6) In section 89 of the Melbourne City Link Act
1995, after sub-section (4) insert--
'(5) In this section--
"authorised person" means a person who is
authorised or who is the holder of a
20 position authorised for the purposes of
this section by the Roads Corporation.'.
33. Amendment of Road Safety (Alcohol and Drugs
Enforcement Measures) Act 2001
See:
For section 9(1) of the Road Safety (Alcohol and Act No.
25 Drugs Enforcement Measures) Act 2001 23/2001.
Statute Book
substitute-- www.dms.
dpc.vic.
'(1) In section 52 of the Road Safety Act 1986, gov.au
after sub-section (1D) insert--
"(1E) Subject to sub-sections (1F) and (1G),
30 this section also applies during the
period of 1 year from the issue of a
driver licence which authorises the
holder to drive a motor cycle, while the
holder is driving or in charge of a motor
35 cycle, whether or not the holder also
35
541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001
Road Safety (Further Amendment) Act 2001
s. 34
Act No.
holds a driver licence which authorises
him or her to drive another kind of
motor vehicle.
(1F) If the Corporation is satisfied that a
5 person has appropriate licensed motor
cycle driving experience (wherever
obtained), it may--
(a) waive the application to the
person of sub-section (1E); or
10 (b) specify a shorter period than
1 year for the purposes of that
sub-section.
(1G) If a driver licence referred to in sub-
section (1E) is suspended (whether by a
15 court or the Corporation) during the
period of 1 year referred to in that sub-
section (or the shorter period applying
under sub-section (1F)), the period
applying to the person for the purposes
20 of sub-section (1E) is extended by a
period equal to the period of the
suspension.'.
34. Statute law revision
Act No. (1) In section 4(1) of the Road Safety (Drivers) Act
19/1991.
25 1991, paragraph (b) is repealed.
(2) In section 57(1)(a)(ii) of the Principal Act, after
"(4)" insert "or (4A), as the case requires".
36
541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001
Road Safety (Further Amendment) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
37
541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001
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