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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Road Safety (Responsible Driving) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986 3
3. Definitions 3
4. Probationary driver licences 3
5. Demerits register 3
6. Appeal to Magistrates' Court 5
7. Power of court to cancel, suspend or vary licences and permits 5
8. Failing a breath test offence 6
9. Immediate suspension of driver licence or permit in certain
circumstances 6
10. Cancellation of licence or permit for drink-driving
infringements 11
11. Suspension of licence or permit for excessive speed
infringements 12
12. Disclosure of information 12
13. New section 103C inserted 12
103C. Application of amendments made by the Road Safety
(Responsible Driving) Act 2002 12
14. New Schedule 5 substituted 15
SCHEDULE 5--Minimum suspension periods for excessive
speed 15
i
541293B.A1-11/10/2002 BILL LA AS SENT 25-10-2004
Clause Page
PART 3--AMENDMENT OF MARINE ACT 1988 16
15. Failing a breath test offence 16
16. New Division 4 inserted in Part 11 16
Division 4--Transitional Provision--Road Safety
(Responsible Driving) Act 2002 16
155. Transitional provision--failing a breath test offence 16
ENDNOTES 17
ii
541293B.A1-11/10/2002 BILL LA AS SENT 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 12 September 2002
As amended by Assembly 10 October 2002
A BILL
to make miscellaneous amendments to the Road Safety Act 1986, to
amend the Marine Act 1988 and for other purposes.
Road Safety (Responsible Driving) Act
2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Road Safety Act 1986--
5 (i) to introduce measures to deter
excessive speeding; and
1
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Road Safety (Responsible Driving) Act 2002
Act No.
PART 1--PRELIMINARY
s. 2
(ii) to expand the circumstances in which a
learner permit or probationary driver
licence may be immediately suspended
for certain offences involving alcohol;
5 and
(iii) to clarify the scope of the failing a
breath test offence--
and to make other amendments to that Act;
(b) to amend the Marine Act 1988 to clarify the
10 scope of the failing a breath test offence.
2. Commencement
(1) This Part and sections 8 and 15 come into
operation on the day after the day on which this
Act receives the Royal Assent.
15 (2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision of this Act referred to in sub-
section (2) does not come into operation before
20 1 December 2003, it comes into operation on that
day.
__________________
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541293B.A1-11/10/2002 BILL LA AS SENT 25-10-2004
Road Safety (Responsible Driving) Act 2002
Act No.
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
s. 3
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
3. Definitions
See:
In section 3(1) of the Road Safety Act 1986-- Act No.
127/1986.
(a) the definition of "probationary driver Reprint No. 7
5 infringement" is repealed; as at
19 June
(b) paragraph (g) of the definition of "traffic 2002 and
amending
infringement" is repealed. Act Nos
19/1991,
89/1991 (as
amended by
Nos 23/2001,
92/2001) and,
54/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Probationary driver licences
In section 21 of the Road Safety Act 1986,
10 sub-sections (3), (4) and (5) are repealed.
5. Demerits register
(1) In section 25 of the Road Safety Act 1986,
sub-sections (2A) and (2B) are repealed.
(2) In section 25 of the Road Safety Act 1986, for
15 sub-section (3) substitute--
"(3) The Corporation must serve a notice
containing the prescribed particulars on--
(a) the holder of a full driver licence if he
or she incurs 12 or more demerit points
20 within any 3 year period; and
(b) the holder of a learner permit or
probationary driver licence if he or she
incurs--
3
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Road Safety (Responsible Driving) Act 2002
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PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
s. 5
(i) 5 or more demerit points within
any 1 year period; or
(ii) 12 or more demerit points within
any 3 year period.".
5 (3) In section 25(3B) of the Road Safety Act 1986,
for paragraph (a) substitute--
"(a) in the case of a person who holds a full
driver licence, suspend the licence for
6 months and an additional 2 months for
10 each 4 demerit points in excess of 12
recorded against the person as at the date of
issue of the notice under sub-section (3); and
(ab) in the case of a person who holds a learner
permit or probationary driver licence,
15 suspend the permit or licence for--
(i) 6 months in respect of the first
5 demerit points recorded against the
person as at the date of issue of the
notice under sub-section (3); and
20 (ii) an additional 2 months for each
4 demerit points in excess of 5 recorded
against the person as at that date; and".
(4) In section 25(3B) of the Road Safety Act 1986--
(a) in paragraph (b), for "that person" substitute
25 "the person referred to in paragraph (a) or
(ab)"; and
(b) in paragraph (c), for "the person" substitute
"the person referred to in paragraph (a) or
(ab)".
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Road Safety (Responsible Driving) Act 2002
Act No.
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
s. 6
(5) In section 25(3D) of the Road Safety Act 1986,
for paragraph (a) substitute--
"(a) suspend his or her driver licence (whether or
not a probationary driver licence) or learner
5 permit for 3 months and an additional
1 month for each 4 demerit points in excess
of--
(i) 12, in the case of a full driver licence
or, if the holder incurred 12 or more
10 demerit points within any 3 year period
but not 5 or more within any 1 year
period, a learner permit or probationary
driver licence; or
(ii) 5 in the case of a learner permit or
15 probationary driver licence if the holder
incurred 5 or more demerit points
within any 1 year period--
recorded against the person as at the date of
issue of the notice under sub-section (3);
20 and".
6. Appeal to Magistrates' Court
In section 26(1)(c) of the Road Safety Act 1986,
after "section 25(3B)(a)" insert ", (3B)(ab)".
7. Power of court to cancel, suspend or vary licences and
25 permits
In section 28 of the Road Safety Act 1986--
(a) in sub-section (1)(a)(ii), for "30 kilometres"
substitute "25 kilometres";
(b) at the foot of the section insert--
30 "Note: A period during which a licence or permit is
cancelled or suspended under this section is in
addition to, and does not count as part of, a
period of suspension under section 25 (see
section 25(4C) and (4D)).".
5
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Road Safety (Responsible Driving) Act 2002
Act No.
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
s. 8
8. Failing a breath test offence
In section 49(1)(f) of the Road Safety Act 1986,
for "55(1) or (2AA)" substitute "55".
9. Immediate suspension of driver licence or permit in
5 certain circumstances
(1) In section 51(1) of the Road Safety Act 1986--
(a) omit "an offence under";
(b) for paragraph (a) substitute--
"(a) an offence under paragraph (b), (f) or
10 (g) of section 49(1) where it is alleged
that the concentration of alcohol in the
person's blood was--
(i) if the person holds a full driver
licence, 015 grams per
15 100 millilitres of blood or more;
or
(ii) if the person holds a learner
permit or probationary driver
licence, 007 grams per
20 100 millilitres of blood or more;
or";
(c) in paragraph (b), before "paragraph" insert
"an offence under";
(d) for paragraph (c) substitute--
25 "(c) an offence that would be a subsequent
offence within the meaning of section
48(2) if the person were convicted--".
(2) After section 51(1A) of the Road Safety Act
1986 insert--
30 "(1B) Any member of the police force may give a
person a notice (containing the prescribed
particulars) informing the person that his or
her driver licence or permit is immediately
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Road Safety (Responsible Driving) Act 2002
Act No.
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
s. 9
suspended and requiring the person to
surrender the licence or permit document to
the member of the police force if--
(a) paragraph (f) or (g) of section 49(1)
5 applies to the person; and
(b) a certificate is issued under section
55(4) or 57 stating the concentration of
alcohol present in the person's blood as
indicated by the analysis of the person's
10 breath or blood sample; and
(c) that concentration is--
(i) if the person holds a full driver
licence--015 grams per
100 millilitres of blood or more;
15 or
(ii) if the person holds a learner
permit or probationary driver
licence--007 grams per
100 millilitres of blood or more;
20 or
(iii) if the person has, within 10 years
before the commission of the
alleged offence, been found guilty
or convicted of an offence (other
25 than an accompanying driver
offence) referred to in section
48(2)(a), (b), (c), (e) or (f)--the
prescribed concentration of
alcohol or more than the
30 prescribed concentration of
alcohol.
(1C) A notice under sub-section (1B) may be
given at any time within 12 months after the
certificate is issued and must specify the
35 period of suspension in accordance with
sub-section (3).".
7
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Road Safety (Responsible Driving) Act 2002
Act No.
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
s. 9
(3) For section 51(3) of the Road Safety Act 1986
substitute--
"(3) Immediately on the giving of a notice under
sub-section (1), (1A) or (1B) the person's
5 driver licence or permit is suspended--
(a) if the notice is given under sub-section
(1) or (1A), until the charge has been
determined by a court; or
(b) subject to sub-section (3A), if the
10 notice is given under sub-section (1B),
until the lesser of--
(i) 12 months after the notice is
given; or
(ii) the period, after the notice is
15 given, set out in Column 2 of
Schedule 1 that corresponds to the
blood alcohol concentration in
Column 1 of that Schedule that is
stated in the certificate.
20 (3A) If--
(a) a person's driver licence or permit is
suspended in accordance with a notice
under sub-section (1B); and
(b) less than 28 days before the end of the
25 period of suspension, a traffic
infringement notice is issued against
the person in respect of the alleged
offence--
the period of suspension under sub-section
30 (3)(b) is not affected by the person giving a
notice of objection to the traffic infringement
notice before the end of that period but, if the
person does not give a notice of objection
before the end of that period, the period is
8
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Road Safety (Responsible Driving) Act 2002
Act No.
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
s. 9
extended until the end of the 28 day period
for giving the notice of objection.
(3B) If--
(a) a person's driver licence or permit is
5 suspended in accordance with a notice
under sub-section (1B); and
(b) 28 days or more before the end of the
period of suspension, a traffic
infringement notice is issued against
10 the person in respect of the alleged
offence--
the period of suspension under sub-section
(3)(b) is not affected by the person giving a
notice of objection to the traffic infringement
15 notice within the 28 day period for doing so.
Note: If the person does not give a notice of objection
within the 28 day period for doing so the
person's driver licence or permit may be
cancelled under section 89C(1).
20 (3C) If--
(a) sub-section (3A) or (3B) applies to a
person; and
(b) the person does not give a notice of
objection to the traffic infringement
25 notice within the 28 day period for
doing so; and
(c) the person's driver licence or permit is
cancelled under section 89C(1)--
any period of suspension under this section
30 ends when the driver licence or permit is
cancelled under section 89C(1) and the
period for which the person is disqualified
under that section from obtaining a driver
licence or permit is reduced by the period of
9
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Road Safety (Responsible Driving) Act 2002
Act No.
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
s. 9
the suspension (as extended, if applicable, by
sub-section (3A)).
(3D) If a person who is given a notice under
sub-section (1B) is charged with the alleged
5 offence during the period of suspension (as
extended, if applicable, by sub-section (3A)),
from the time the charge is laid the notice is
taken to be instead a notice under sub-section
(1) or (1A) (whichever is applicable).
10 Note: The period of suspension therefore continues
until the charge is determined by a court (see
sub-section (3)(a)).".
(4) In sub-sections (4) and (5) of section 51 of the
Road Safety Act 1986, for "(1) or (1A)"
15 substitute "(1), (1A) or (1B)".
(5) After section 51(9) of the Road Safety Act 1986,
insert--
"(9A) The Chief Commissioner of Police may
cancel a notice under sub-section (1), (1A) or
20 (1B) by notifying (in writing) the person to
whom the notice was given and must cause a
copy of the cancellation to be sent
immediately to the Corporation.".
(6) In section 51(10) of the Road Safety Act 1986,
25 for "(1) or (1A)" substitute "(1), (1A) or (1B)".
(7) After section 51(12) of the Road Safety Act 1986
insert--
"(12A) If a person whose driver licence or permit is
suspended in accordance with a notice under
30 sub-section (1), (1A) or (1B) is before a
court for any reason in relation to the alleged
offence, the court may make an order
cancelling the notice if it is satisfied that
exceptional circumstances exist which justify
35 making the order.".
10
541293B.A1-11/10/2002 BILL LA AS SENT 25-10-2004
Road Safety (Responsible Driving) Act 2002
Act No.
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
s. 10
10. Cancellation of licence or permit for drink-driving
infringements
In section 89C of the Road Safety Act 1986--
(a) at the foot of sub-section (1) insert--
5 "Note: The period for which the person is disqualified
from obtaining a driver licence or permit is
reduced if the person's licence was already
suspended in accordance with a notice under
section 51(1B) (see section 51(3C)).";
10 (b) sub-sections (2) and (3) are repealed;
(c) in sub-section (3A) omit ", suspended or
suspended and disqualified";
(d) in sub-section (4) omit ", suspension and
extension of probation under sub-section (2)
15 or suspension and disqualification under sub-
section (3)";
(e) in sub-section (5)--
(i) omit "or suspension"; and
(ii) omit "or suspended";
20 (f) in sub-section (8), for "is more than 005
grams per 100 millilitres of blood."
substitute--
"is--
(a) 005 grams per 100 millilitres of blood
25 or more, if section 52 applies to the
person; or
(b) 007 grams per 100 millilitres of blood
or more, in any other case.".
11
541293B.A1-11/10/2002 BILL LA AS SENT 25-10-2004
Road Safety (Responsible Driving) Act 2002
Act No.
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
s. 11
11. Suspension of licence or permit for excessive speed
infringements
In section 89D of the Road Safety Act 1986--
(a) sub-section (2) is repealed;
5 (b) in sub-section (3), for ", disqualification or
extension of probation" substitute "or
disqualification";
(c) at the foot of the section insert--
"Note: A period during which a licence or permit is
10 suspended under this section is in addition to,
and does not count as part of, a period of
suspension under section 25 (see section 25(4C)
and (4D)).".
12. Disclosure of information
15 In section 92(3) of the Road Safety Act 1986,
after paragraph (ia) insert--
"(ib) for the purposes of the police force of
Victoria or the Corporation notifying a
person about the possible consequences of
20 incurring further demerit points; or".
13. New section 103C inserted
After section 103B of the Road Safety Act 1986
insert--
"103C. Application of amendments made by the
25 Road Safety (Responsible Driving) Act 2002
(1) Despite the amendments made by section 4
of the Road Safety (Responsible Driving)
Act 2002, sub-sections (3), (4) and (5) of
section 21 of this Act, as in force
30 immediately before the commencement of
those amendments, continue to apply to
offences alleged to have been committed
before that commencement.
12
541293B.A1-11/10/2002 BILL LA AS SENT 25-10-2004
Road Safety (Responsible Driving) Act 2002
Act No.
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
s. 13
(2) The amendments to section 25(3), (3B) and
(3D) of this Act made by section 5 of the
Road Safety (Responsible Driving) Act
2002 only apply to a person who held a
5 learner permit or probationary driver licence
before the amendments commence if the
person incurs one or more demerit points
after that commencement.
(3) If the amendments referred to in sub-section
10 (2) apply to a person, a reference in
section 25 of this Act to demerit points
incurred by the person includes a reference
to demerit points incurred by the person
before the commencement of those
15 amendments.
(4) The amendments to this Act made by
sections 7 and 14 of the Road Safety
(Responsible Driving) Act 2002 only apply
to offences alleged to have been committed
20 after the commencement of those
amendments.
(5) The amendment to section 49(1)(f) of this
Act made by section 8 of the Road Safety
(Responsible Driving) Act 2002 only
25 applies to offences alleged to have been
committed after the commencement of that
amendment.
(6) The amendments to section 51 of this Act
made by section 9(1)(b) and section 9(2) to
30 (7) of the Road Safety (Responsible
Driving) Act 2002 only apply to offences
alleged to have been committed after the
commencement of those amendments.
(7) The amendments to section 51 of this Act
35 made by section 9(1)(a), (c) and (d) of the
Road Safety (Responsible Driving) Act
2002 apply to offences alleged to have been
13
541293B.A1-11/10/2002 BILL LA AS SENT 25-10-2004
Road Safety (Responsible Driving) Act 2002
Act No.
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
s. 13
committed before, on or after the
commencement of those amendments.
(8) Despite the amendments made by section 10
of the Road Safety (Responsible Driving)
5 Act 2002, sub-sections (2), (3), (4) and (5) of
section 89C of this Act, as in force
immediately before the commencement of
those amendments, continue to apply to
offences alleged to have been committed
10 before that commencement.
(9) The amendment to section 89C(8) of this Act
made by section 10 of the Road Safety
(Responsible Driving) Act 2002 applies to
any traffic infringement notice issued on or
15 after 21 December 2001 for a drink-driving
infringement irrespective of when the
infringement was committed.
(10) For the purposes of sub-sections (1), (4), (5),
(6) and (8), if an offence is alleged to have
20 been committed between two dates, one
before and one after the commencement
referred to in the particular sub-section, the
offence is alleged to have been committed--
(a) in the case of sub-sections (1) and (8),
25 before the commencement referred to
in sub-section (1) or (8) (as the case
may be); or
(b) in the case of sub-sections (4), (5) and
(6), after the commencement referred to
30 in that sub-section.".
14
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Road Safety (Responsible Driving) Act 2002
Act No.
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
s. 14
14. New Schedule 5 substituted
For Schedule 5 to the Road Safety Act 1986
substitute--
"SCHEDULE 5
Section 28
Section 89D
5 MINIMUM SUSPENSION PERIODS FOR
EXCESSIVE SPEED
Column 1 Column 2
Minimum
Speed of vehicle period
1. Exceed speed limit by 25 kilometres per 1 month
hour or more, but less than 35 kilometres
per hour.
2. Exceed speed limit by 35 kilometres per 6 months
hour or more, but less than 45 kilometres
per hour.
3. Exceed speed limit by 45 kilometres per 12 months
hour or more.
4. Any speed of 130 kilometres per hour or 1 month
more that is not covered by item 1, 2 or 3.
".
__________________
15
541293B.A1-11/10/2002 BILL LA AS SENT 25-10-2004
Road Safety (Responsible Driving) Act 2002
Act No.
PART 3--AMENDMENT OF MARINE ACT 1988
s. 15
PART 3--AMENDMENT OF MARINE ACT 1988
15. Failing a breath test offence
See: In section 28(1)(e) of the Marine Act 1988, for
Act No.
"31(1)" substitute "31".
52/1988.
Reprint No. 5
as at
7 February
2002 and
amending Act
Nos 77/2001
and 11/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
5 16. New Division 4 inserted in Part 11
In Part 11 of the Marine Act 1988, after
Division 3 insert--
"Division 4--Transitional Provision--Road
Safety (Responsible Driving) Act 2002
10 155. Transitional provision--failing a breath
test offence
(1) The amendment to section 28(1)(e) of this
Act made by section 15 of the Road Safety
(Responsible Driving) Act 2002 only
15 applies to offences alleged to have been
committed after the commencement of that
amendment.
(2) For the purposes of sub-section (1), if an
offence is alleged to have been committed
20 between two dates, one before and one after
the commencement referred to in that sub-
section, the offence is alleged to have been
committed after that commencement.".
16
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Road Safety (Responsible Driving) Act 2002
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
17
541293B.A1-11/10/2002 BILL LA AS SENT 25-10-2004
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