Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Road Safety (Driving Instructors) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. New sections 33, 33A and 33B inserted 2
33. Driving instructor authorities 2
33A. Offence to teach driving without driving instructor
authority or in breach of condition of authority 5
33B. Requirement to display photograph 5
4. Consequential amendments to Schedule 2 6
NOTES 7
i
532007B.I1-8/4/98
PARLIAMENT OF VICTORIA
A BILL
to amend the Road Safety Act 1986 to provide a scheme for the
compulsory registration of driving instructors and for other purposes.
Road Safety (Driving Instructors) Act
1998
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Road
Safety Act 1986 to provide a scheme for the
compulsory registration of driving instructors.
5 2. Commencement
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
1
532007B.I1-8/4/98
Road Safety (Driving Instructors) Act 1998
s. 3
Act No.
(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 referred to in sub-section (2) does
5 not come into operation before 1 March 1999, it
comes into operation on that day.
3. New sections 33, 33A and 33B inserted
After section 32 of the Road Safety Act 1986
insert--
10 "33. Driving instructor authorities
(1) The Secretary to the Department of
Infrastructure may, on the application of the
holder of a full driver licence, grant a driving
instructor authority if the Secretary is
15 satisfied that the applicant is qualified to
hold such an authority.
(2) The Secretary may, before granting an
authority, require the applicant--
(a) to demonstrate that he or she is a fit and
20 proper person to hold an authority; and
(b) to pass a training course approved by
the Secretary or otherwise demonstrate
to the Secretary's satisfaction that he or
she is competent to hold an authority;
25 and
(c) to comply with any prescribed
procedures and requirements.
(3) An authority authorises the holder to teach
other persons to drive a motor vehicle, other
30 than a motor cycle, with a gross vehicle mass
of not more than 4·5 tonnes and with a
seating capacity of not more than 12 adults
including the driver, for the term, and subject
to any conditions, specified in the authority.
2
532007B.I1-8/4/98
Road Safety (Driving Instructors) Act 1998
s. 3
Act No.
(4) The Secretary may, by notice in writing to
the applicant, refuse to grant an authority.
(5) If the Secretary decides to refuse to grant an
authority, the applicant may appeal against
5 the refusal to the Magistrates' Court.
(6) On an appeal under sub-section (5) the
applicant must--
(a) file a notice of appeal at the venue of
the Magistrates' Court nearest to the
10 applicant's residence or place of
business; and
(b) send a copy of the notice of appeal to
the Secretary--
within 28 days after the date of the notice of
15 refusal to grant the authority.
(7) On an appeal under sub-section (5) the court
must--
(a) re-determine the matter of the refusal;
and
20 (b) hear any relevant evidence tendered by
the appellant or the Secretary; and
(c) without limiting its discretion, take into
consideration anything that the
Secretary ought to have considered.
25 (8) If the driver licence of the holder of an
authority is cancelled or otherwise ceases to
be held by that person, the authority of that
person thereupon automatically ceases to
have any effect.
30 (9) If the driver licence of the holder of an
authority is suspended for any time, the
authority of that person is, unless cancelled
or suspended under sub-section (10),
3
532007B.I1-8/4/98
Road Safety (Driving Instructors) Act 1998
s. 3
Act No.
thereupon automatically suspended for the
same time.
(10) The Secretary may, if of the opinion that the
holder of an authority is unfit to hold the
5 authority, by notice in writing to the holder
of the authority, cancel the authority or
suspend or vary the authority for such period
as the Secretary determines.
(11) The Secretary must not suspend, cancel or
10 vary an authority unless the holder of the
authority has been given a reasonable
opportunity to show cause why the authority
should not be cancelled, suspended or varied.
(12) An authority is of no effect while suspended.
15 (13) If the Secretary decides to cancel, suspend or
vary an authority, the holder of the authority
may appeal against the cancellation,
suspension or variation to the Magistrates'
Court.
20 (14) On an appeal under sub-section (13) the
applicant must--
(a) file a notice of appeal at the venue of
the Magistrates' Court nearest to the
applicant's residence or place of
25 business; and
(b) send a copy of the notice of appeal to
the Secretary--
within 28 days after the date of the notice of
cancellation, suspension or variation of the
30 authority.
(15) On an appeal under sub-section (14) the
court must--
4
532007B.I1-8/4/98
Road Safety (Driving Instructors) Act 1998
s. 3
Act No.
(a) re-determine the matter of the
cancellation, suspension or variation;
and
(b) hear any relevant evidence tendered by
5 the appellant or the Secretary; and
(c) without limiting its discretion, take into
consideration anything that the
Secretary ought to have considered.
(16) Every decision of the Magistrates' Court on
10 an appeal under sub-sections (5) or (13) must
be given effect to by the Secretary.
33A. Offence to teach driving without driving
instructor authority or in breach of
condition of authority
15 (1) A person who for financial gain, or in the
course of any trade or business, teaches
another person to drive a motor vehicle of a
kind described in section 33(3) on a
highway--
20 (a) without holding a driving instructor
authority; or
(b) in breach of any condition of such an
authority--
is guilty of an offence.
25 Penalty: 8 penalty units.
(2) It is a defence to a charge under sub-section
(1) for the person charged to prove that the
person being taught to drive held a driver
licence at the time of being taught.
30 33B. Requirement to display photograph
When teaching a person to drive pursuant to
a driving instructor authority, the holder of
the authority must display an identity
5
532007B.I1-8/4/98
Road Safety (Driving Instructors) Act 1998
s. 4
Act No.
photograph of himself or herself in the
prescribed format and in the prescribed
location in any motor vehicle from time to
time being used for teaching purposes.
5 Penalty: 5 penalty units.".
4. Consequential amendments to Schedule 2
In Schedule 2 to the Road Safety Act 1986, after
item 65 insert--
"Driving instructor authorities
10 66. Applications for driving instructor authorities and the
revocation or suspension thereof.
67. Procedures and requirements to be complied with
before a driving instructor authority may be issued.
68. Prescribing and regulating the conduct of holders of
15 driving instructor authorities in respect of the teaching
of persons to drive motor vehicles.
69. The format of identity photographs of holders of
driving instructor authorities.
70. The location of identity photographs of holders of
20 driving instructor authorities in motor vehicles that are
used for teaching persons to drive.
71. The conditions to which driving instructor authorities
are subject.
72. The date on which a driving instructor authority
25 commences and the period for which it remains in
force.
73. Generally, all such matters as are authorised or
permitted to be prescribed or are necessary or
expedient to be prescribed for carrying section 33 into
30 effect.".
6
532007B.I1-8/4/98
Road Safety (Driving Instructors) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
7
532007B.I1-8/4/98
Road Safety (Driving Instructors) Act 1998
Act No.
8
532007B.I1-8/4/98
[Index] [Search] [Download] [Related Items] [Help]