ROAD SAFETY ACT 1986 No. 127 of 1986 Version incorporating amendments as at 1 October 2009 Road Safety Act 1986 - TABLE OF PROVISIONS Section Page PART 1-PRELIMINARY 1. Purposes 2. Commencement 3. Definitions 3AAA. Definition of driver base 3AA. Circumstances in which person is to be taken to be in charge of a motor vehicle 3AB. Circumstances in which person is to be taken to be driving a motor vehicle 3AC. Circumstances in which person is taken to be driving a trailer 3A. Repealed 4. Act to bind Crown PART 2-REGISTRATION Division 1-Corporation as registration authority 5AA. Functions of Corporation 5AB. Powers of Corporation 5AC. Sale of registration number rights 5AD. What are registration number rights? 5AE. Non-standard number plates and replacement number plates Division 2-Registration 5. Purposes of registration 6. Application of Part 6A. Corporation not to register vehicles based outside Victoria 7. Offence if vehicle or trailer not registered 8. Repealed 9. Effecting registration, renewal or transfer 9AA. Suspension of motor vehicle or trailer registration 9AB. Cessation of suspension 9AC. Direction not to renew registration 9AD. Renewal of registration 9AE. Non-transfer of registration 9AF. Transfer of registration 9A. Obligations of registered operator 9B. Register does not provide evidence of title 10. Power to require compliance with standards 11. Repealed 12. Appeal to Magistrates' Court 13. Power to inspect motor vehicles and trailers 14. Defective vehicles 15. Repealed 15A. Suspension or cancellation of vehicle tester authorisations 16. Seizure of number plates Division 3-Written-off vehicles 16A. Purposes of Division 16B. Definitions 16C. When is a vehicle written off? 16D. Register of written-off vehicles 16E. Appeals regarding written-off vehicle registration 16F. Prohibition on registration of vehicles that have written-off vehicle identifiers PART 3-LICENSING OF DRIVERS 17. Purposes of licensing 17A. Obligations of road users 18. Offence if driver not licensed 19. Driver licences 19A. Direction not to renew licence 19B. Renewal of licence or permit 20. Variation of driver licences 21. Probationary driver licences 22. Learner permits 23. Repealed 23A. Information to be given to applicants for licences or permits 24. Cancellation, suspension or variation of licences and permits by Corporation 25. Demerits Register 26. Appeal to Magistrates' Court 26AA. Appeal to Magistrates' Court-demerit points 26A. Appeal to Magistrates' Court against police decision 27. Power of Corporation to require tests to be undergone 28. Power of court to cancel, suspend or vary licences and permits 28A. Effect of suspension of licence or permit 28B. Disqualified person must not apply for licence or permit 29. Appeal to County Court 30. Offence to drive while disqualified etc. 30AA. Offence to drive while licence suspended under Infringements Act 2006. 30A. Court may extend suspension or disqualification period even if offence not committed 31. Cancellation of registration by court 32. Offence to employ unlicensed driver 33. Driving instructor authorities 33A. Offence to teach driving without driving instructor authority or in breach of condition of authority 33B. Requirement to display photograph PART 4-Repealed 34-46. Repealed PART 5-OFFENCES INVOLVING ALCOHOL OR OTHER DRUGS 47. Purposes of this Part 47A. Definition 48. Interpretative provisions 49. Offences involving alcohol or other drugs 49A. Accredited agencies 50. Provisions about cancellation and disqualification 50AAA. Direction to impose alcohol interlock condition 50AAB. When an alcohol interlock condition can be removed 50AAC. Appeals against direction or period specified in direction 50AAD. Offences and immobilisation orders 50AAE. Approval of types of alcohol interlocks and alcohol interlock suppliers 50AAF. Conditions on approvals 50AAG. Guidelines 50AAH. Cancellation of approval of types of alcohol interlocks 50AAI. Cancellation of approval of alcohol interlock supplier 50AAJ. Review by Tribunal 50AAK. Offence for person to assist with contravention of alcohol interlock condition 50AA. Previous convictions 50A. Driver education programs 51. Immediate suspension of driver licence or permit in certain circumstances 52. Zero blood or breath alcohol 53. Preliminary breath tests 54. Preliminary testing stations 55. Breath analysis 55A. Drug assessment 55B. Blood and urine samples 55C. Destruction of identifying information 55D. Preliminary oral fluid tests 55E. Oral fluid testing and analysis 56. Blood samples to be taken in certain cases 57. Evidentiary provisions-blood tests 57A. Evidentiary provisions-urine tests 57B. Evidentiary provisions-oral fluid tests 58. Evidentiary provisions-breath tests 58A. Avoidance of certain provisions in contracts of insurance 58B. Prohibited analysis PART 6-OFFENCES AND LEGAL PROCEEDINGS 59. General duty of driver or person in charge of motor vehicle 60. Duty of owner of motor vehicle to give information about driver 60A. Duty of owner of trailer to give information 61. Duty of driver etc. of motor vehicle if accident occurs 61A. Duty of driver etc. of vehicle that is not a motor vehicle if accident occurs 62. Power to prevent driving by incapable persons 63. Power to enter motor vehicles 63A. Removal of vehicles obstructing driveways etc. 63B. Use of tyre deflation devices in police pursuits 64. Dangerous driving 64A. Driving a motor vehicle when directed to stop by police 65. Careless driving 65A. Improper use of motor vehicle 65B. Prohibition on drivers of heavy vehicles exceeding speed limit by 35km/h or more 66. Certain prescribed offences to be operator onus offences 67. Extension of time if no actual notice for certain traffic infringements 68. Speed trials 68A. Unauthorised use of freeway 68B. Deliberately or recklessly entering a level crossing when a train or tram is approaching etc. 69. Offence to procure use of motor vehicle by fraud 70. Tampering or interfering with motor vehicle without just cause or excuse 71. Obtaining licence etc. by false statements 72. Forgery etc. of documents and identification marks 73. Offence to alter, deface or place number on engine of motor vehicle 73A. Offence to obstruct etc. person operating road safety camera or speed detector 74. Offence to sell, use or possess anti-speed measuring devices 74A. Offence to sell certain breath analysing instruments 75. General penalty 76. Arrest without warrant 77. Power to prosecute 77A. Extension of time limit for certain prosecutions 77B. Special defence for drivers of heavy vehicles 78. Average speed evidence of actual speed in certain circumstances 78A. Evidence of road distance 79. Evidence of speed 79A. Evidence of engine management system data 80. Certain matters indicated by prescribed road safety cameras are evidence 80A. Certain matters indicated by camera devices are sufficient evidence 81. Certain matters indicated by speed cameras are sufficient evidence 82. Evidence of mass 83. Evidence of testing and sealing 83A. Evidence relating to prescribed detection devices 84. General evidentiary provisions 84A. Unofficial breath analysing instruments 84B. Surveillance Devices Act 1999. 84BAA. Double jeopardy PART 6AA-OPERATOR ONUS 84BA. Purpose of this Part 84BB. Definitions 84BC. Operator onus offences 84BD. Effect of payment of penalty, etc. 84BE. Use of effective statement to avoid liability 84BF. Cancellation of acceptance of statement 84BG. Proceedings against nominated persons 84BH. Defences to operator onus offences 84BI. Offence to provide false or misleading information PART 6A-IMPOUNDMENT, IMMOBILISATION AND FORFEITURE OF MOTOR VEHICLES Division 1-Preliminary 84C. Definitions 84D. This Part does not affect other penalties 84E. Part has prospective application Division 2-Impoundment or immobilisation by Victoria Police 84F. Powers of Victoria Police 84G. Seizure of motor vehicle 84H. Surrender of motor vehicle 84I. Impoundment or immobilisation of a motor vehicle 84J. Powers of persons authorised by Victoria Police 84K. Notice to driver and registered operator 84L. Content of notice 84M. Review by a senior police officer 84N. Release of motor vehicle by Victoria Police 84O. Appeal rights 84P. Offences 84Q. Recovery of motor vehicle 84R. Crown to pay costs if driver found not guilty or charges not proceeded with Division 3-Impoundment, immobilisation or forfeiture by court order 84S. Impoundment or immobilisation order 84T. Forfeiture order 84U. Application for an impoundment or immobilisation order or a forfeiture order 84V. Substitution of motor vehicle 84W. Notice of application 84X. Interest in motor vehicle not to be transferred 84Y. Notice where 2 or more charges laid 84YA. Direction not to transfer registration or register motor vehicle 84YB. Corporation not to transfer registration or register motor vehicle 84YC. Cessation of direction under this Act does not affect any suspension 84Z. Hearing of application 84ZA. Application for variation of order 84ZB. When order takes effect 84ZC. Police powers 84ZD. Liability for costs of impoundment or immobilisation 84ZE. Rights of owners 84ZF. Third party protection from forfeiture order Division 4-Search and seizure warrants 84ZG. Application for search and seizure warrant 84ZH. Search and seizure warrant 84ZI. Record of proceedings for search and seizure warrant 84ZJ. Announcement before entry 84ZK. Copy of search and seizure warrant to be given to occupier 84ZL. Use of assistants to execute search and seizure warrant 84ZM. Application of Magistrates' Court Act 1989. 84ZN. Expiry of search and seizure warrant 84ZO. Report on execution of search and seizure warrant 84ZP. Obstruction or hindrance of person executing search and seizure warrant Division 5-Disposal of motor vehicles Subdivision 1-Disposal of motor vehicles, items and things 84ZQ. Sale or disposal of uncollected motor vehicles and items Subdivision 2-Disposal of motor vehicles, items or things if forfeiture order has taken effect 84ZR. Sale or disposal of motor vehicle subject to forfeiture order 84ZS. Application of proceeds of sale Subdivision 3-Disposal of motor vehicles, items or things subject to disposal order 84ZT. Disposal of motor vehicle, item or thing subject to disposal order 84ZU. Notice to be given of intention to apply for disposal order 84ZV. Application for disposal order 84ZW. Hearing of application for and making of disposal order 84ZX. Application of proceeds of sale PART 7-INFRINGEMENTS 85. Repealed 86. Parking infringements to be operator onus offences 87. Service of parking infringement notices 88. Traffic infringements 89. Effect of payment of penalty 89A. Effect of drink-driving infringements, drug-driving infringements and excessive speed infringements 89B. Extension of time to object if no actual notice 89C. Cancellation of licence or permit for drink-driving infringements 89D. Suspension of licence or permit for excessive speed infringements 89E. Application of the Infringements Act 2006 to certain offences 89F. Application and modification of Schedule 3 to the Children, Youth and Families Act 2005. 90. Proof of prior convictions PART 7A-PRIVATE PARKING AREAS 90A. Definitions 90B. Abolition of distress damage feasant in relation to motor vehicles 90C. Detention or immobilisation of motor vehicles 90D. Agreements 90E. Parking in council controlled areas 90F. Removal of vehicles from council controlled areas 90G. Entry by police to council controlled areas 90H. Wheel clamping agreements PART 8-GENERAL 91. Delegation 92. Disclosure of information 93. Service of notices 93A. Guidelines for industry codes of practice 93B. Registration of industry codes of practice 94. Approvals by Chief Commissioner or Corporation 94A. Supreme Court-limitation of jurisdiction 94B. Supreme Court-limitation of jurisdiction 95. Regulations 95A. Repealed 95B. Exemption of certain statutory rules from RIS 95C. Extension of operation of Regulations 95D. Rules 96. Disallowance of instruments 96A. Application orders and emergency orders 96B. Minister may issue guidelines about testing of persons under section 27. 97. Application of fees 97A. Administrative fees 98. Minister may extend application of Act 99. Warning signs and other installations 99A. Conduct of works or activities on a highway 99B. Non-road activities on highways 100. Inconsistent regulations or by-laws 101, 102. Repealed 103. Transitional provisions 103A. Transitional provisions-Road Safety (Further Amendment) Act 2001. 103B. Application of amendment made by the Road Safety (Alcohol Interlocks) Act 2002. 103C. Application of amendments made by the Road Safety (Responsible Driving) Act 2002. 103D. Application of amendments made by the Road Safety (Amendment) Act 2003. 103E. Validation of sale of registration number rights and collection of certain amounts 103F. Regulations may take effect on commencement 103G. Transitional provision-Transport Legislation (Miscellaneous Amendments) Act 2004. 103H. Transitional provision-sections 27 and 33 of the Transport Legislation (Amendment) Act 2004. 103I. Application of amendments made by section 41 of the Transport Legislation (Amendment) Act 2004. 103J. Transitional provisions-Road Safety (Further Amendment) Act 2005. 103K. Transitional provision-Road Safety (Drugs) Act 2006. 103L. Transitional provisions-Road Legislation (Projects and Road Safety) Act 2006. 103M. Transitional provisions-Road Legislation Amendment Act 2007. 103N. Transitional provisions for operator onus-Road Legislation Further Amendment Act 2007. 103O. Transitional provisions for Demerits Register-Road Legislation Further Amendment Act 2007. 103P. Transitional provisions for level crossings-Road Legislation Further Amendment Act 2007. 103Q. Transitional provisions for fatigue regulated heavy vehicles-Road Legislation Further Amendment Act 2007. 103R. Transitional provisions for certain drivers of fatigue regulated heavy vehicles-Road Legislation Further Amendment Act 2007. 103S. Transitional provisions for existing exemptions for drivers of fatigue regulated heavy vehicles-Road Legislation Further Amendment Act 2007. 103T. Transitional provisions for existing log books-Road Legislation Further Amendment Act 2007. 104. Validation of certain resolutions fixing higher penalties for parking infringements 105. Certain local laws to have force and effect despite inconsistency with regulations PART 9-INSPECTIONS AND SEARCHES CONCERNING HEAVY VEHICLES Division 1-Preliminary matters 106. Definitions 106A. Application of Commonwealth Acts Interpretation Act 1901. 107. Residential purposes 108. Repealed 109. Copying of documents 110. Compliance purposes 111. Other reference provisions 112. Authorisation of authorised officers Division 2-Inspections and searches of vehicles on highways or public places 113. Vehicles to which this Division applies 114. Power to inspect vehicle 115. Power to search vehicle 116. Production of identification by inspectors before vehicle inspections or searches 117. Production of identification during inspection or search 118. Consent not needed for inspections or searches Division 3-Inspections and searches of premises 119. Definition 120. Premises to which this Division applies 121. Power to inspect premises 122. Power to search premises 123. When inspection or search may be conducted 124. Unattended or residential premises not to be searched 125. Procedure for obtaining informed consent 126. Production of identification by inspectors before inspections or searches of premises 127. Production of identification during inspection or search Division 4-Search warrants 128. Search warrants 129. Announcement before entry 130. Details of warrant to be given to occupier 131. Seizure of things not mentioned in the warrant Division 5-Inspectors may give directions 132. Power to require production of documents and related items 133. Direction to provide reasonable assistance 134. Authority to run vehicle's engine 135. Direction to state name and address 136. Direction to provide certain information 137. Manner of giving directions under this Division 138. Self-incrimination not an excuse Division 6-Seizure 139. Copies of certain seized things to be given 140. Access to seized things 141. Journey may be completed despite seizure of required thing 142. Embargo notice 143. Retention and return of seized documents or things 144. Magistrates' Court may extend 3 month period Division 7-Other matters concerning inspections and searches 145. Use of assistants and equipment 146. Use of equipment to examine or process things 147. Use or seizure of electronic equipment 148. Obstructing or hindering inspectors 149. Impersonating authorised officers Division 8-Interstate provisions 149AA. Reciprocal powers of officers PART 10-PROVISIONS CONCERNING BREACHES OF MASS, DIMENSION AND LOAD RESTRAINT LIMITS AND REQUIREMENTS Division 1-Preliminary matters 149A. Application of Commonwealth Acts Interpretation Act 1901. 150. Reference to vehicle includes loads and attached vehicles 151. Statement that mistake of fact defence does not apply not to affect other offences Division 2-Categorisation of breaches 152. Purpose of this Division 153. Mass limits 154. Width limit 155. Length limit 156. Height limit 157. Load restraint requirement 158. Upgrading of categorisation in certain circumstances Division 3-Enforcement powers concerning mass, dimension or load restraint breaches 159. Application of this Division 160. Meaning of rectify a breach 161. Reference to single offence includes multiple offences 162. Rectification of minor risk breaches 163. Rectification of substantial or severe risk breaches 164. Further provision concerning rectification places 165. General provisions concerning directions and authorisations 166. Conditions 167. Operation of directions in relation to a group of vehicles 168. Person must comply with a direction and conditions 169. Application of Division in relation to other directions 170. Amendment or revocation of directions or conditions Division 4-Responsibility for breaches of mass, dimension and load restraint limits and requirements 171. Liability of consignor 172. Liability of packer 173. Liability of loader 174. Liability of operator 175. Liability of driver 176. Liability of consignee 177. Multiple offenders 178. Penalties applying to offences under this Division and exclusion of double jeopardy Division 5-Provisions concerning defences 179. Reasonable steps defence 180. Reasonable steps defence-reliance on container weight declaration 181. Exclusion of mistake of fact defence Division 6-Container weight declarations 182. Consignor for the purposes of this Division 183. Container weight declarations 184. Duty of consignor 185. Duty of operator 186. Duty of driver 187. Liability of consignee-knowledge of matters relating to container weight declaration Division 7-Sentencing considerations for mass, dimension or load restraint breaches 188. Matters to be taken into consideration by courts Division 8-Other matters 189. Offence to provide false or misleading transport or journey documentation 190. Other powers not affected 191. Contracting out prohibited PART 10A-FATIGUE MANAGEMENT REQUIREMENTS Division 1-Interpretation 191A. Definitions 191B. Meaning of fatigue regulated heavy vehicle 191C. Application of Commonwealth Interpretation Act Division 2-Duties to avoid and prevent fatigue 191D. Driver's duty to avoid driver fatigue 191E. Duty on parties in the chain of responsibility to prevent driver fatigue 191F. Duties on employers, prime contractors and operators 191G. Duties on schedulers 191H. Duties on consignors and consignees 191I. Duties on loading managers 191J. Certain requests etc. prohibited 191K. Certain contracts prohibited Division 3-Duties relating to work and rest times Subdivision 1-Work and rest times applying to drivers not working under accreditation 191L. Standard hours-solo drivers 191M. Standard hours-solo drivers of buses 191N. Standard hours-two-up drivers Subdivision 2-Work and rest times applying to drivers working under BFM accreditation 191O. BFM hours-solo drivers 191P. BFM hours-two-up drivers Subdivision 3-Work and rest hours under AFM accreditation 191Q. Drivers working under AFM accreditation 191QA. Offences for breaching limits set out in AFM accreditation or AFM outer limits 191R. Changing work/rest hours option Division 4-Duties relating to record keeping 191S. Driver must carry work diary 191T. Information that driver must record in work diary 191U. How driver must record information in work diary 191V. Destroyed, lost, stolen or malfunctioning work diaries 191W. Malfunctioning odometers 191X. Duty on employers, prime contractors, operators and schedulers to ensure driver compliance Division 5-Records relating to drivers 191Y. Information that record keeper must record 191Z. False entries 191ZA. Keeping 2 work diaries simultaneously prohibited 191ZB. Possession of purported work records etc. prohibited 191ZC. Defacing or changing work records etc. prohibited 191ZD. False representation of work records prohibited 191ZE. Making entries in someone else's work records prohibited 191ZF. Destruction of certain work records prohibited 191ZG. Tampering with electronic work diaries prohibited Division 6-Accreditation and exemptions Subdivision 1-BFM accreditation 191ZH. Meaning of BFM system 191ZI. Application for BFM accreditation 191ZJ. Granting BFM accreditation 191ZK. BFM accreditation certificate and period of accreditation 191ZL. Refusal to grant BFM accreditation 191ZM. Conditions of BFM accreditation 191ZN. Obligations of operator under BFM accreditation 191ZO. Operator must advise of change or end of accreditation 191ZOA. Driver must carry BFM accreditation details Subdivision 2-AFM accreditation 191ZP. Meaning of AFM proposal 191ZQ. Meaning of AFM system 191ZR. Application for AFM accreditation 191ZS. Granting AFM accreditation 191ZT. AFM accreditation certificate and period of accreditation 191ZU. Refusal to grant AFM accreditation 191ZV. Conditions of AFM accreditation 191ZW. Driver must carry AFM accreditation details 191ZX. Obligations of operator under AFM accreditation 191ZXA. How electronic work diary to be operated 191ZXB. Admissibility of documents produced by an electronic work diary 191ZY. Operator must advise of change or end of accreditation Subdivision 3-Exemptions 191ZZ. Exemptions for emergency services 191ZZA. Work diary exemption Subdivision 4-Variation, suspension or cancellation of accreditation or exemption 191ZZB. Variation or cancellation of accreditation or exemption- on application 191ZZC. Grounds for variation-without application 191ZZD. Grounds for cancellation-without application 191ZZE. Variation or cancellation of accreditation-without application 191ZZF. Immediate suspension of accreditation in interest of public safety 191ZZG. Return of accreditation certificate or exemption Subdivision 5-Miscellaneous provisions relating to accreditation and exemptions 191ZZH. Replacement of lost etc. accreditation certificates and exemptions 191ZZI. Offence to falsely represent that accreditation held Division 7-Compliance and enforcement Subdivision 1-Enforcement powers 191ZZJ. Requiring rest for contravention of maximum work requirement 191ZZK. Requiring rest for contravention of minimum rest requirement 191ZZL. Requiring driver to stop working if impaired by fatigue 191ZZM. Requiring driver to stop working if work diary not produced or unreliable 191ZZN. Compliance with requirement under this Division Subdivision 2-Reasonable steps and provisions concerning defences 191ZZO. What constitutes reasonable steps 191ZZP. Reasonable steps defence 191ZZQ. Matters relevant to deciding whether acts or omissions constitute all reasonable steps 191ZZR. Inclusion of reasonable diligence 191ZZS. Compliance with industry code of practice 191ZZT. Exclusion of mistake of fact defence Subdivision 3-Penalties 191ZZU. Penalties 191ZZV. Proceedings for offences 191ZZW. Deciding whether a person knew or ought reasonably to have known something 191ZZX. Multiple offenders 191ZZY. Other powers not affected 191ZZZ. Contracting out prohibited Division 8-Australian Transport Council 191ZZZA. Australian Transport Council may approve standards and other matters 191ZZZB. Repealed Division 9-Reconsideration and review of decisions 191ZZZC. Decisions that may be reconsidered and reviewed 191ZZZD. Reconsideration of decisions 191ZZZE. Duty on officers to annotate driver's work diary PART 11-ADDITIONAL PROVISIONS CONCERNING RELEVANT HEAVY VEHICLE OFFENCES Division 1-Preliminary matters 191A. Repealed 192. This Part only applies to relevant heavy vehicle offences 193. Interpretation 194, 195. Repealed Division 2-Additional offences 196. Victimisation of employee or contractor assisting with, or reporting, offences 197. Other false or misleading statements 198. False or misleading information provided to a responsible person Division 3-Vicarious responsibility for offences 199. Vicarious responsibility for officers and employees 200. Liability of directors, partners, employers and others 201. Liability of registered operators 202. Double jeopardy not to occur Division 4-Additional powers of courts 203. Court may impose period of disqualification from registration 204. Commercial benefits penalty orders 205. Supervisory intervention orders 206. Contravention of supervisory intervention order 207. Prohibition orders 208. Contravention of prohibition order Division 5-Improvement notices 209. Improvement notices 210. Amendment of improvement notices 211. Cancellation of improvement notices 212. Appeals against notices Division 6-Recognition of certain non-Victorian matters 213. Effect of administrative actions of authorities of other jurisdictions 214. Effect of court orders of other jurisdictions Division 7-Defences 215. Sudden or extraordinary emergency 216. Lawful authority 217. Special defence for owners or operators 218. Other defences Division 8-Evidentiary matters 219. Imputation of state of mind of consignee body corporate, employer etc. 220. Evidence regarding manufacturer's ratings 221. Transport documentation and journey documentation 222. Evidence of facts relevant to prosecutions PART 12-INTELLIGENT ACCESS PROGRAM FOR HEAVY VEHICLES Division 1-Preliminary 223. What the Intelligent Access Program is 224. Application of Commonwealth Acts Interpretation Act 1901. 225. Definitions 226. Other means of enforcement not excluded Division 2-Powers and duties of corporation in relation to IAP 227. What IAP conditions do 228. Corporation may specify IAP conditions 229. Issue of IAP identifiers Division 3-Duties and obligations of operators of vehicles 230. Offence-providing false or misleading information to IAP service provider 231. Operators' obligation to tell drivers about collection of personal information and other matters 232. System malfunctions-duties of operators of IAP vehicles Division 4-Duties of vehicle drivers 233. System malfunctions-drivers' duties Division 5-Duties, powers and obligations of IAP service providers 234. IAP service providers' duties in regard to use and disclosure of information 235. IAP service providers' powers to collect, store, use and disclose IAP information 236. IAP service providers' duties in regard to recording, disclosure and use of information 237. IAP service providers' obligations in regard to quality and security of IAP information 238. IAP service providers' obligations to keep records of monitoring 239. IAP service providers' obligation to make individuals aware of personal information held 240. IAP service providers' obligation to make non-compliance reports 241. IAP service providers' obligation to report tampering 242. Offence-IAP service provider providing false or misleading information to Corporation or TCA Division 6-Functions, duties, powers and obligations of TCA 243. Functions of TCA 244. TCA's duties in regard to disclosure and use of information 245. TCA's powers to collect, store, use and disclose IAP information 246. Disclosure of information for law-enforcement purposes etc. 247. Use of information for research 248. TCA's obligations in regard to collecting IAP information 249. TCA's obligation to keep information secure 250. TCA's obligation to make individuals aware of personal information held 251. TCA's obligation to keep records of transactions 252. TCA's obligation to correct errors etc. 253. TCA's obligation to report tampering Division 7-Duties, powers and obligations of IAP auditors 254. IAP audit and IAP auditors 255. IAP auditors' duties in regard to disclosure and use of information 256. IAP auditors' powers to collect, store, use and disclose IAP information 257. IAP auditors' obligations in regard to collecting IAP information 258. IAP auditors' obligation to keep information secure 259. IAP auditors' obligation to make individuals aware of personal information held 260. IAP auditors' obligation to keep records of transactions 261. IAP auditors' obligation to correct errors etc. 262. IAP auditors' obligation to report breaches by IAP service providers 263. IAP auditors' obligation to report tampering Division 8-Tampering with approved intelligent transport system 264. Offence-tampering with approved intelligent transport system Division 9-Evidence 265. Definition and application 266. Certificates by the Corporation 267. Certificate as to intelligent access map 268. Other certificates by TCA 269. Presumption of correct operation 270. Evidence as to vehicle's position 271. IAP information generated etc. by approved intelligent transport system 272. Reports by approved intelligent transport system 273. Results of mathematical procedures __________________ SCHEDULE 1-Minimum Disqualification Periods SCHEDULE 2-Subject-matter for Regulations SCHEDULE 3-Work and Rest Hours for Drivers Not Working under Accreditation SCHEDULE 4-Work and Rest Hours for Drivers Working Under BFM Accreditation SCHEDULE 4A-AFM Outer Limits SCHEDULE 5-Minimum Suspension Periods for Excessive Speed SCHEDULE 6-Repealed --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Road Safety Act 1986 - PART 1 PART 1 PRELIMINARY Road Safety Act 1986 - SECT 1 Purposes 1. Purposes The purposes of this Act are- (a) to provide for safe, efficient and equitable road use; and (ab) to set out the general obligations of road users in relation to responsible road use; and (b) to improve and simplify procedures for the registration of motor vehicles and the licensing of drivers; and (c) to prevent the rebirthing of stolen vehicles; and (d) to ensure the equitable distribution within the community of the costs of road use. Road Safety Act 1986 - SECT 2 Commencement 2. Commencement This Act (including the items in Schedule 3 and the amendments in Schedule 4) comes into operation on a day or days to be proclaimed. Road Safety Act 1986 - SECT 3 Definitions 3. Definitions (1) In this Act- accompanying driver offence means an offence under section 49(1) which is committed by a person who is taken to be in charge of a motor vehicle by reason of the operation of section 3AA(1)(d); accompanying licensed driver means a person, other than a commercial driving instructor acting as such, who is sitting 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; accredited agency means a person or body approved for the purposes of sections 50, 50AAB(5) and 50A by the Secretary to the Department of Human Services within the meaning of the Health Act 1958; accredited driver education program means a program that is run by an accredited agency and that is approved for the purposes of section 50A by the Secretary to the Department of Human Services within the meaning of the Health Act 1958; alcohol interlock, in relation to a motor vehicle, means a device capable of- (a) analysing a breath sample for the presence of alcohol; and (b) if it detects more than a certain concentration of alcohol, preventing the motor vehicle from being started; alcohol interlock condition means a condition imposed on a driver licence or permit in accordance with a direction under section 50AAA; approved alcohol interlock means an alcohol interlock of a type approved by the Corporation under section 50AAE(3); approved alcohol interlock supplier means a person or body approved by the Corporation under section 50AAE(5); approved health professional means- (a) a nurse registered under the Health Professions Registration Act 2005 in division 1 of the register kept under that Act; (b) a person approved under subsection (4) to take a blood sample for the purposes of Part 5; approved road transport compliance scheme means a scheme, agreement or arrangement that- (a) is prescribed by the regulations; or (b) is identified by, or is of a class identified by, the regulations- and that makes provision for compliance with a road or transport law or a non-Victorian road or transport law; Example A scheme, agreement or arrangement that provides for a system of accreditation-based compliance or for a system involving the use of an intelligent transport system. * * * * * associate, of another person, means any of the following persons- (a) a spouse, parent, brother, sister or child of the other person; (b) a member of the other person's household; (c) a partner of the other person; (d) a trustee or beneficiary of the same trust as the other person; (e) a trustee of a trust of which the other person is a beneficiary; (f) a beneficiary of a trust of which the other person is a trustee; (g) a body corporate if the other person is a director or member of the governing body of the body corporate; (h) a director or member of the governing body of a body corporate if the other person is the body corporate; (i) a body corporate (other than a public company whose shares are listed on a stock exchange) of which the other person is a shareholder; (j) a shareholder of the other person if the other person is a body corporate (other than a public company whose shares are listed on a stock exchange); (k) a related body corporate of the other person within the meaning of the Corporations Act; (l) a person with whom a chain of relationships with the other person can be traced under any one or more of the above paragraphs; Australian road or transport law means a road or transport law or a non-Victorian road or transport law; Australian road or transport law offence means an offence against an Australian road or transport law; authorised officer means a person authorised in writing by the Corporation or the Secretary under section 112; * * * * * axle means one or more shafts positioned in a line across a vehicle, on which one or more wheels intended to support the vehicle turn; beneficiary, of a trust, includes an object of a discretionary trust; bill of sale means bill of sale within the meaning of Part VI of the Instruments Act 1958; body corporate includes the Crown in any capacity and any body or entity that is not an individual; breath analysing instrument means- (a) the apparatus known as the Alcotest 7110 to which a plate is attached on which there is written, inscribed or impressed the numbers "3530791" whether with or without other expressions or abbreviations of expressions, commas, full stops, hyphens or other punctuation marks and whether or not all or any of the numbers are boxed in; or (b) apparatus of a type approved for the purposes of section 55 by the Minister by notice published in the Government Gazette or for the purposes of any corresponding previous enactment by the Governor in Council by notice published in the Government Gazette for ascertainment by analysis of a person's breath what concentration of alcohol is present in his or her breath; bus means a motor vehicle which (together with any trailer attached to it) seats more than 12 adults (including the driver); bus company has the same meaning as in the Transport Act 1983; business day means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993; chassis number, in relation to a motor vehicle, means the identification number- (a) permanently marked on the chassis or other part of the vehicle by the vehicle manufacturer at the time of manufacture; or (b) specified by the Corporation in accordance with the regulations; Chief Commissioner of Police has the same meaning as Chief Commissioner has in the Police Regulation Act 1958; * * * * * 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 that person does not hold an appropriate driver licence, to drive that motor vehicle on a highway; commercial motor vehicle means- (a) a commercial goods vehicle or a commercial passenger vehicle within the meaning of Part VI of the Transport Act 1983; or (b) a tow truck within the meaning of the Accident Towing Services Act 2007; consignee, in relation to goods transported or to be transported by a heavy vehicle or a fatigue regulated heavy vehicle- (a) means the person who- (i) with that person's authority, is named or otherwise identified as the intended consignee of the goods in the transport documentation for the consignment; or (ii) actually receives the goods after the goods are transported by road; but (b) does not include a person who merely unloads or unpacks the goods; consignor of goods is a person who- (a) with the person's authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road; or (b) engages an operator of a vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or (c) has possession of, or control over, the goods immediately before the goods are transported by road; or (d) loads a vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is usually unattended (except by a driver of the vehicle, a trainee driver or any person necessary for the normal operation of the vehicle) during loading; or (e) if the goods are imported into Australia, imports the goods; container weight declaration has the meaning set out in section 183, and includes a copy of such a declaration; Contracting State means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949; Corporation means the Roads Corporation; corresponding Authority means any body outside Victoria that has any functions in relation to roads, vehicles or transport that correspond with any of the functions of the Corporation; * * * * * dentist means a dentist registered under the Health Professions Registration Act 2005; Director of the Victorian Institute of Forensic Medicine means the Director within the meaning of the Coroners Act 1985; drink-driving infringement means an offence under section 49(1)(b), (f) or (g), other than an accompanying driver offence, in circumstances where1- (a) the concentration of alcohol- (i) in the blood of the person is less than 0×15 grams per 100 millilitres of blood; or (ii) in the breath of the person is less than 0×15 grams per 210 litres of exhaled air- as the case requires; and (b) the offence is a first offence having regard to the provisions of section 48(2) or would, because of section 50AA, be treated as a first offence for the purposes of subsection (1), (1A), (1AB), (1B) or (1E) of section 50; drive includes to be in control of a vehicle; driver of a vehicle includes- (a) a two-up driver of the vehicle who is present in or near the vehicle; and (b) a person who is driving the vehicle as a driver under instruction or under an appropriate learner permit; driver base, in relation to a heavy vehicle or a fatigue regulated heavy vehicle, means- (a) in the case of a vehicle that is not part of a group of vehicles- (i) the place recorded for the time being as the driver base in the log book or work diary kept by the driver of the vehicle; or (ii) if no place is recorded as specified in subparagraph (i)-the garage address of the vehicle, as recorded- (A) by the Corporation; or (B) if the vehicle is registered in another State or Territory, by the registration authority of that State or Territory; or (iii) if no place is recorded as specified in subparagraph (i) or (ii)-the place from which the driver normally works and receives instructions; or (b) in the case of a group of vehicles- (i) the place recorded for the time being as the driver base in the log book or work diary kept by the driver of the group; or (ii) if no place is recorded as specified in subparagraph (i)-the garage address of each vehicle in the group, as recorded- (A) by the Corporation; or (B) if a vehicle is registered in another State or Territory, by the registration authority of that State or Territory; or (iii) if no place is recorded as specified in subparagraph (i) or (ii)-the place from which the driver normally works and receives instructions; driver licence means a licence granted under Part 3; drug means a substance that is a drug for the purposes of this Act by virtue of a declaration under subsection (3) or any other substance (other than alcohol) which, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties; drug-driving infringement means an offence under section 49(1)(bb), (h) or (i), other than an accompanying driver offence, in circumstances where the offence is a first offence having regard to the provisions of section 48(2) or would, because of section 50AA, be treated as a first offence for the purposes of subsection (1), (1A), (1AB), (1B) or (1E) of section 50; engage in conduct means- (a) do an act; or (b) omit to do an act; engine identification number, in relation to a motor vehicle, means the individual number clearly stamped, embossed or otherwise permanently marked on the engine block or main component of the engine; equipment, in relation to a vehicle or combination, includes tools, devices and accessories in or on the vehicle or combination; excessive speed infringement means an offence of a kind referred to in section 28(1)(a); fatigue regulated heavy vehicle has the meaning given by section 191B; freight container means- (a) a re-usable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711.1:2000, Freight containers-Classification, dimensions and ratings, that is designed for repeated use for the transport of goods by one or more modes of transport; or (b) a re-usable container of the same or a similar design and construction to a container referred to in paragraph (a) though of different dimensions; or (c) a container of a kind specified by the regulations for the purposes of this definition- but does not include anything declared by the regulations to be excluded from this definition; full driver licence means a driver licence other than a probationary driver licence; garage address, of a vehicle, means- (a) in the case of a heavy vehicle that is normally kept at a depot or base of operations when not in use, the principal depot or base of operations of the vehicle; or (b) in the case of a heavy vehicle that is normally kept on a highway when not in use- (i) if the vehicle has only one registered operator, the home address of the registered operator; or (ii) if the vehicle has more than one registered operator, the home address of the registered operator whose home address is nearest to the highway where it is kept; or (c) in any other case, the place nominated by the applicant for registration as the place where the vehicle is normally kept; * * * * * GCM (gross combination mass) of a motor vehicle means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may lawfully be towed by it at one time- (a) as specified by the motor vehicle's manufacturer; or (b) as specified by the Corporation if- (i) the manufacturer has not specified the sum of the maximum loaded mass; or (ii) the manufacturer cannot be identified; or (iii) the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate; goods includes animals (whether dead or alive) and containers (whether empty or not), but does not include people or fuel, water, lubricants, tools and other equipment or accessories that are necessary for the normal operation of the vehicle in which they are carried and that are not carried as cargo; GVM (gross vehicle mass) of a vehicle means the maximum loaded mass of the vehicle- (a) as specified by the vehicle's manufacturer; or (b) as specified by the Corporation if- (i) the manufacturer has not specified a maximum loaded mass; or (ii) the manufacturer cannot be identified; or (iii) the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate; * * * * * heavy vehicle means a motor vehicle or trailer that has a GVM greater than 4×5 tonnes, and includes- (a) any other vehicle that is physically connected to the heavy vehicle (even if that other vehicle is not a heavy vehicle); and (b) a bus that is used, or that is intended to be used, to carry passengers for reward or in the course of a business; highway means road or road related area; hire-purchase agreement means hire-purchase agreement within the meaning of the Fair Trading Act 1999; home address of a person means- (a) in the case of an individual-the person's residential address or place of abode in Australia; or (b) in the case of a body corporate that has a registered office in Australia-the address of the registered office; or (c) in any other case-the address of the person's principal or only place of business in Australia; identification plate, in relation to a motor vehicle, has the same meaning as in the Motor Vehicle Standards Act 1989 of the Commonwealth; infringement means a parking infringement or a traffic infringement; inspector means an authorised officer or a member of the police force; intelligent transport system means a system involving the use of electronic or other technology (whether located in or on a vehicle or elsewhere) that has the capacity to monitor, collect, store, display, analyse or transmit information relating- (a) to a vehicle or its equipment or load, the driver of a vehicle, the operator of a fleet of vehicles or another person involved in road transport; and (b) without limiting paragraph (a), to the operation of a vehicle in relation to its legal entitlements; international driving permit means a permit issued by- (a) a competent authority of a Contracting State or a subdivision of such a State; or (b) an association duly empowered by such an authority- in accordance with the United Nations Convention on Road Traffic, Geneva, 1949; interstate learner permit means a permit or authority to learn to drive a motor vehicle issued under an Act of another State or Territory of the Commonwealth which corresponds with this Act; journey documentation means any documentation (other than transport documentation) directly or indirectly associated with- (a) the actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or (b) goods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport- whether or not the documentation has been transmitted physically, electronically or in any other manner and whether or not the documentation relates to a particular journey or to journeys generally; Example The following are examples of journey documentation- (a) documents kept or used or obtained by a responsible person in connection with the transport of goods or passengers; (b) workshop, maintenance and repair records relating to a vehicle used, or claimed to be used, for the transport of goods or passengers; (c) a subcontractor's payment advice relating to goods or passengers or the transport of goods or passengers; (d) documents kept or used or obtained by the driver of the vehicle used, or claimed to be used, for the transport of goods or passengers, such as a driver's run sheet, a log book entry, a work diary, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records; (e) information reported through the use of an intelligent transport system; (f) driver manuals and instruction sheets; (g) advice in any form from check weighing carried out before, during or after a journey. large vehicle means- (a) a bus; or (b) a motor vehicle (other than a bus) that is being used as a single unit and has a GVM greater than 15 tonnes; or (c) a motor vehicle (other than a bus) that is being used in combination with one or more trailers and has a GCM greater than 15 tonnes; legal entitlements of a vehicle means the details of the authority, conferred by or under a relevant law or scheme, that entitles it to be operated for the transport of goods or passengers by road, and includes any entitlements arising under or affected- (a) by a permit, authorisation, approval, exemption, notice or anything else given or issued under that law or scheme; or (b) by restrictions, or by the application of restrictions, under a relevant law or scheme or other laws; Example Examples of restrictions in paragraph (b) include sign-posted mass limits for bridges and hazardous weather condition permits. licence restoration report means a report from an accredited agency on an applicant for an order under section 50(4); load, in relation to a vehicle, means- (a) all the goods, passengers and drivers in or on the vehicle; and (b) all fuel, water, lubricants and readily removable tools and equipment carried in or on the vehicle and required for its normal operation; and (c) anything that is used to enable goods or passengers to be carried in or on the vehicle and that is not part of the vehicle; and (d) personal items used by a driver of the vehicle; and (e) anything that is normally removed from the vehicle when not in use- and includes a part of a load; loader means- (a) a person who loads a vehicle or combination with goods for transport by road; or (b) a person who loads a vehicle or combination with a freight container (whether or not containing goods) for transport by road; or (c) without limiting paragraph (a) or (b), a person who loads a freight container already in or on a vehicle or combination with goods for transport by road; or (d) a person who supervises an activity mentioned in paragraph (a), (b) or (c); or (e) a person who manages or controls an activity mentioned in paragraph (a), (b), (c) or (d); manufacturer's build plate, in relation to a motor vehicle, means a plate which describes the build specification of the vehicle and which was placed on the vehicle by the manufacturer at the time of its manufacture; mass, dimension or load restraint limit or requirement is any of the following as defined in Division 2 of Part 10: a mass limit, a width limit, a length limit, a height limit or a load restraint requirement; mass limit has the meaning set out in section 153; member of police personnel has the same meaning as in the Police Regulation Act 1958; member of the police force has the same meaning as member of the force has in the Police Regulation Act 1958; motor cycle means a two-wheeled motor vehicle and includes a motor cycle with a trailer, forecar or sidecar attached; motor vehicle means a vehicle that is used or intended to be used on a highway and that is built to be propelled by a motor that forms part of the vehicle but does not include- (a) a vehicle intended to be used on a railway or tramway; or (b) a motorised wheel-chair capable of a speed of not more than 10 kilometres per hour which is used solely for the conveyance of an injured or disabled person; or (c) a vehicle that is not a motor vehicle by virtue of a declaration under subsection (2)(b); municipal council has the same meaning as Council has in the Local Government Act 1989; night means the period between sunset on one day and sunrise on the next day; non-standard number plate means a number plate that, at the time of issue, is not of the design, size, colour or material of number plates then generally issued on payment of the basic fee prescribed for the issue of number plates; non-Victorian road or transport law means a law of an Australian jurisdiction other than Victoria- (a) that regulates, in that jurisdiction, the same conduct that a road or transport law regulates in Victoria; or (b) that is specified as a law for the purposes of this definition by the regulations; operator means- (a) in the case of a vehicle (including a vehicle in a group of vehicles that are physically connected)-the person responsible for controlling or directing the operations of the vehicle; or (b) in the case of a group of vehicles that are physically connected-the person responsible for controlling or directing the operations of the towing vehicle in the group; but does not include a person merely because the person owns a vehicle or does any or all of the following- (c) drives a vehicle; (d) maintains or arranges for the maintenance of a vehicle; (e) arranges for the registration of a vehicle; owner, in relation to a motor vehicle or trailer, includes a part owner and also- (a) includes a person who has the possession and use of it under or subject to a hire-purchase agreement or a bill of sale or like instrument or under or subject to a written hiring agreement (not being a hire-purchase agreement) which requires that person to register the motor vehicle or trailer in that person's name; but (b) does not include a person in whom the property in the motor vehicle or trailer or any absolute or conditional right or licence to take possession of the motor vehicle or trailer is vested under or subject to a hire-purchase agreement or a bill of sale or like instrument or written hiring agreement which requires another person to register the motor vehicle or trailer in the name of that other person but who has not for the time being the possession and use of the motor vehicle or trailer; package of goods means the complete product of the packing of the goods for transport by road, consisting of the goods and their packaging; packaging of goods means the container (including a freight container) in which the goods are received or held for transport by road, and includes anything that enables the container to receive or hold the goods or to be closed; packer has the meaning set out in section 172; park and ride facility means land or premises- (a) vested in or under the control of a rail or bus operator; and (b) to which specified provisions of this Act and the regulations relating to the regulation or control of the parking of a vehicle, or the leaving standing of a vehicle, apply under an Order under section 98 (whether or not other provisions of this Act or the regulations also apply under that Order); parking infringement means the parking of a vehicle, or leaving it standing, whether attended or not, in contravention of- (aa) section 90E; or (a) the regulations or rules; or (b) a local law made by a municipal council; or (c) any other Act, rule, regulation or by-law; Parliamentary reserve has the same meaning as it has in the Parliamentary Precincts Act 2001; passenger, in relation to a vehicle, does not include the driver of the vehicle, a two-up driver of the vehicle or any person necessary for the normal operation of the vehicle; passenger transport company has the same meaning as in the Transport Act 1983; permissible non-prescription drug means- (a) a Schedule 2 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 that is listed in Appendix K of Part 5 of the Commonwealth standard within the meaning of that Act; or (b) a Schedule 3 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; * * * * * pharmacist means a pharmacist registered under the Health Professions Registration Act 2005; * * * * * premises includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place; prescribed concentration of alcohol means- (a) in the case of a person to whom section 52 applies, the concentration of alcohol specified in that section; and (b) in the case of any other person- (i) a concentration of alcohol present in the blood of that person of 0×05 grams per 100 millilitres of blood; or (ii) a concentration of alcohol present in the breath of that person of 0×05 grams per 210 litres of exhaled air; prescribed concentration of drugs means, in the case of a prescribed illicit drug, any concentration of the drug present in the blood or oral fluid of that person; prescribed illicit drug means- (a) methylamphetamine; or (ab) 3, 4-Methylenedioxy-N-Methylamphetamine (MDMA); (b) delta-9-tetrahydrocannabinol; prescription drug, in relation to a person, means a Schedule 4 poison or Schedule 8 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 which that person is authorised or licensed by or under that Act to have in his or her possession; presiding officer has the same meaning as it has in the Constitution Act 1975; prime mover means a motor vehicle which is constructed, designed or adapted for connecting to a semi-trailer; * * * * * probationary driver licence means a licence referred to in section 21 during the period of probation of that licence; prosecution officer means- (a) a person who is appointed by the Chief Commissioner of Police for the purposes of Part 7; or (b) an officer of the Corporation who is authorised in writing to take proceedings either generally or in any particular case by the Corporation; or (c) a person who is referred to in paragraph (c) or (e) of section 77(2); * * * * * rail or bus operator means a bus company, a passenger transport company or Rail Track; Rail Track means Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996; reasonable steps defence has the meaning set out in section 179; register of written-off vehicles means the register of written-off vehicles required by section 16D; registered industry code of practice means an industry code of practice for which registration is in force under section 93B; * * * * * registered medical practitioner means a medical practitioner registered under the Health Professions Registration Act 2005; registered operator of a vehicle means the person recorded on the register as the person responsible for the vehicle; registration number rights means the rights set out in section 5AD; relevant law or scheme means- (a) a road or transport law; or (b) a non-Victorian road or transport law; or (c) an approved road transport compliance scheme; responsible person means any person having, at a relevant time, a role or responsibilities associated with road transport, and includes any of the following- (a) an owner of a heavy vehicle; (b) a driver, including a two-up driver, of a heavy vehicle; (c) an operator or registered operator of a heavy vehicle; (d) a person in charge, or apparently in charge, of a heavy vehicle; (e) a person in charge, or apparently in charge, of the garage address of a heavy vehicle or the driver base of a heavy vehicle; (f) a person appointed under an approved road transport compliance scheme to have monitoring or other responsibilities under the scheme, such as responsibilities for certifying, monitoring or approving heavy vehicles under the scheme; (g) an operator of an intelligent transport system; (h) a person who consigns goods for transport by road; (i) a person who packs goods in a freight container or other container or in a package or on a pallet for transport by road; (j) a person who loads goods or a container on a heavy vehicle for transport by road; (k) a person who unloads goods, or a container containing goods, consigned for transport by road; (l) a person to whom goods are consigned for transport by road; (m) a person who receives goods packed outside Australia in a freight container or other container or on a pallet for transport by road in Australia; (n) an owner or operator of a weighbridge or other weighing facility used to weigh heavy vehicles or an occupier of premises where such a weighbridge or weighing facility is located; (o) a person who consigned, or arranged for, or offered, a freight container to be transported by road; (p) a person who controls, or directly influences, the loading or operation of a heavy vehicle; (q) an agent, employer, employee or sub-contractor of any person referred to in the preceding paragraphs of this definition; rigid means not articulated, other than in respect of an articulated bus; road means- (a) an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles; or (b) a place that is a road by virtue of a declaration under subsection (2)(a)- but does not include a place that is not a road by virtue of a declaration under subsection (2)(a); road infrastructure includes- (a) a road, including its surface or pavement; and (b) anything under or supporting a road or its surface or pavement and maintained by a road authority; and (c) any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and (d) any bridge or other work or structure located above, in or on a road and maintained by a road authority; and (e) any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a)-(d); and (f) anything declared by the regulations to be included in this definition; but does not include anything declared by the regulations to be excluded from this definition; road or transport law means- (a) this Act; (b) the Transport Act 1983; (c) any regulation made under this Act or the Transport Act 1983; (d) any rule; road or transport law offence means an offence against a road or transport law; road related area means- (a) an area that divides a road; or (b) a footpath or nature strip adjacent to a road; or (c) an area that is open to the public and is designated for use by cyclists or animals; or (d) an area that is not a road and that is open to or used by the public for driving, riding or parking motor vehicles; or (e) a place that is a road related area by virtue of a declaration under subsection (2)(a)- but does not include a place that is not a road related area by virtue of a declaration under subsection (2)(a); rules means rules made under section 95D; Secretary means the Secretary to the Department of Infrastructure; semi-trailer means a vehicle without its own motive power which is capable of being drawn by a prime mover in such a way that it is attached to and pivoted on the prime mover by imposition on it on or in front of the rear axle of the prime mover so that the semi-trailer is free to turn relative to the prime mover when the prime mover is rounding a curve and so that part of the mass of the semi-trailer and of any load carried on it is borne by the prime mover; serious injury has the same meaning as in section 15 of the Crimes Act 1958; substance means substance in any form (whether gaseous, liquid, solid or other) and includes material, preparation, extract and admixture; * * * * * tare mass, in relation to a trailer, means its unladen mass when it is in ordinary running condition and not carrying persons or goods; * * * * * taxi-cab has the same meaning as in Part VI of the Transport Act 1983; the register means the register of vehicles maintained in accordance with the regulations; tractor means a motor vehicle that is a tractor by virtue of a declaration under subsection (2)(c); traffic infringement means- (a) an offence, other than a parking infringement, against this Act, the regulations or the rules which is a prescribed offence for the purposes of Part 7; or (b) an offence against section 45E or 45F of the Environment Protection Act 1970 relating to the deposit of litter on, from or towards any vehicle; or (c) an offence against the Transport Act 1983 or the regulations made under that Act which is a prescribed offence for the purposes of Part 7; or (d) a drink-driving infringement; or (e) an excessive speed infringement; or (f) a drug-driving infringement; or * * * * * (h) an offence against section 109 of the Transport Accident Act 1986 which is a prescribed offence for the purposes of Part 7; trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed; transport documentation means- (a) any contractual documentation directly or indirectly associated with- (i) a transaction for, or relating to, the actual or proposed transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or (ii) goods or passengers themselves so far as the documentation is relevant to their actual or proposed transport; or (b) any associated documentation- (i) contemplated in the contractual documentation; or (ii) required by law, or customarily provided, in connection with the contractual documentation or with the transaction- whether or not the documentation has been transmitted physically, electronically or in any other manner; Example Examples of transport documentation include an invoice, delivery order, consignment note, load manifest, vendor declaration, export receival advice, bill of lading, contract of carriage, sea carriage document, and container weight declaration, relating to goods or passengers. * * * * * truck means a rigid motor vehicle that is principally constructed as a load carrying vehicle; two-up driver means a person who- (a) shares with another person the driving of a heavy vehicle; and (b) travels as a passenger on the vehicle whilst the other person is driving the vehicle; use of a vehicle includes standing the vehicle on a road or road related area; vehicle means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes bicycle or other pedal-powered vehicle, trailer, tram-car and air-cushion vehicle but does not include railway locomotive or railway rolling stock; vehicle identification number, in relation to a motor vehicle, means the 17 character alpha-numeric identifier- (a) placed on the vehicle in accordance with Australian Design Rule 61; or (b) specified by the Corporation in accordance with the regulations- that uniquely identifies the vehicle and sets it apart from similar vehicles; vehicle identifier, in relation to a motor vehicle, means- (a) in the case of a motor vehicle manufactured on or after 1 January 1989, the vehicle identification number permanently recorded on the vehicle; or (b) in any other case, the chassis number marked on the vehicle in accordance with clause 58 of Schedule 8 to the Road Safety (Vehicles) Regulations 1999 or in accordance with a law of another State or a Territory that corresponds with that clause; written-off vehicle has the meaning given in section 16B. (1A) The provisions of this Act, the regulations and the rules relating to- (a) parking infringements (other than parking infringements involving a contravention of section 90E); and (b) the parking of vehicles; and (c) any other prescribed offence; and (d) any other prescribed matter- apply to the Parliamentary reserve as if the Parliamentary reserve were a highway. (2) The Governor in Council may by Order published in the Government Gazette- (a) declare any place or class of places, whether open to vehicles or not, to be or not to be a road or roads or a road related area or road related areas for the purposes of this Act; and (b) declare any motor vehicle or class of motor vehicles not to be a motor vehicle or motor vehicles for the purposes of this Act; and (c) declare any motor vehicle or class of motor vehicles to be a tractor or tractors for the purposes of this Act; and (d) declare any vehicle, implement, machine or other structure or class of vehicles, implements, machines or other structures to be a trailer or trailers for the purposes of this Act. * * * * * (3) The Minister may, by Order published in the Government Gazette, declare any substance to be a drug for the purposes of this Act. (4) The Director of the Victorian Institute of Forensic Medicine may, in writing, approve a person to take blood samples for the purposes of Part 5 if the Director is of the opinion that the person has the appropriate qualifications, training and experience to take such samples. (5) In this Act, unless the context otherwise requires, a reference to the regulations includes a reference to the rules. (6) For the avoidance of doubt, in this Act- (a) a reference to a traffic signal includes a reference to a warning light, bell, gate, boom or barrier at a level crossing; (b) a reference to a level crossing includes a reference to any area adjacent to the crossing that is denoted by painted cross-hatched road markings. Road Safety Act 1986 - SECT 3AAA Definition of driver base 3AAA. Definition of driver base For the purposes of the definition of driver base in section 3(1)- (a) a group of vehicles means a heavy vehicle or fatigue regulated heavy vehicle that is physically connected to one or more other vehicles (even if those other vehicles are not heavy vehicles or fatigue regulated heavy vehicles); and (b) if a driver is a self-employed driver and an employed driver at different times, the driver may have one driver base as a self-employed driver and another driver base as an employed driver; and (c) if a driver has 2 or more employers, the driver may have a different driver base in relation to each employer. Road Safety Act 1986 - SECT 3AA Circumstances in which person is to be taken to be in charge of a motor vehicle 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 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; (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 the person whom he or she is teaching to drive is driving or in charge of the vehicle; (d) an accompanying licensed driver while the person whom he or she is sitting beside is driving or in charge of the vehicle. (2) Subsection (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. Road Safety Act 1986 - SECT 3AB Circumstances in which person is to be taken to be driving a motor vehicle 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 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 person steering it has any control over its means of propulsion. Road Safety Act 1986 - SECT 3AC Circumstances in which person is taken to be driving a trailer 3AC. Circumstances in which person is taken to be driving a trailer Without limiting the circumstances in which a person is driving a trailer, a person who is driving a motor vehicle to which a trailer is attached is to be taken to be driving the trailer for the purposes of this Act. * * * * * Road Safety Act 1986 - SECT 4 Act to bind Crown 4. Act to bind Crown This Act binds the Crown in right of Victoria and also, so far as the legislative power of Parliament permits, the Crown in all its other capacities. _______________ Road Safety Act 1986 - PART 2 PART 2 REGISTRATION Division 1-Corporation as registration authority Road Safety Act 1986 - SECT 5AA Functions of Corporation 5AA. Functions of Corporation The functions of the Corporation under this Part are- (a) to administer the registration system established by the regulations; and (b) to maintain a register of motor vehicles and trailers in accordance with the regulations; and (ba) to maintain a register of written-off vehicles in accordance with the regulations; and (c) to collect registration and permit fees determined in accordance with this Act; and (ca) to sell registration number rights, and issue non-standard number plates and replacement number plates, in accordance with section 5AC or 5AE (as the case requires) and the regulations; and (d) to provide information about motor vehicles, trailers and registered operators in accordance with this Act. Road Safety Act 1986 - SECT 5AB Powers of Corporation 5AB. Powers of Corporation (1) For the purpose of carrying out its functions under this Part and Part 6A, the Corporation may, in accordance with the regulations or the Infringements Act 2006 (as the case requires)- (a) register or refuse to register a motor vehicle or a trailer; and (b) renew or refuse to renew the registration of a motor vehicle or a trailer; and (c) transfer or refuse to transfer the registration of a motor vehicle or a trailer from one person to another; and (d) permit or refuse to permit the use of an unregistered motor vehicle or trailer; and (e) impose conditions on the registration of a motor vehicle or a trailer or on a permit to use an unregistered motor vehicle or trailer; and (f) cancel or suspend the registration of a motor vehicle or a trailer; and (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 (fc) remove or refuse to remove an entry from the register of written-off vehicles; and (g) collect registration and permit fees (including fees in relation to the register of written-off vehicles) determined in accordance with this Act; and (ga) collect money received on the sale of registration number rights and the issue of non-standard number plates and replacement number plates; and (h) specify a GCM for a motor vehicle in the circumstances envisaged in paragraph (b) of the definition of GCM in section 3(1); and (i) specify a GVM for a motor vehicle or trailer in the circumstances envisaged in paragraph (b) of the definition of GVM in section 3(1); and (j) require proof of compliance with the Transport Accident Act 1986 and the Duties Act 2000; and (k) fix fees for services provided by the Corporation in connection with- (i) the registration, or the late renewal of registration, of motor vehicles or trailers; (ii) the issue of number plates, permits, tester's licences and certificates of roadworthiness; (iii) the entry of vehicles on the register of written-off vehicles, the amendment, removal and inspection of entries and the issuing of certificates in relation to information from the register; and (l) exercise other powers conferred by the regulations. (2) The Corporation must cause details of fees fixed under subsection (1)(k) to be published in the Government Gazette. Road Safety Act 1986 - SECT 5AC Sale of registration number rights 5AC. Sale of registration number rights (1) The Corporation may, in accordance with the regulations, sell (including at auction or by inviting tenders) registration number rights. (2) Subject to subsection (3), registration number rights may be sold to any person, whether or not eligible to be the registered operator of a vehicle. (3) Registration number rights to a registration number assigned to a vehicle may only be sold- (a) to the registered operator of the vehicle; or (b) to another person, with the consent of that registered operator. (4) The price at which registration number rights may be sold may vary according to the particular registration number or class of registration number and is not required to be related in any way to the cost to the Corporation of providing any service. Road Safety Act 1986 - SECT 5AD What are registration number rights? 5AD. What are registration number rights? (1) The person who owns registration number rights in respect of a particular registration number has- (a) the right to have that registration number assigned to a vehicle registered by the Corporation of which that person is the registered operator or, with the consent of that person, to any other vehicle registered by the Corporation; and (b) the right to be issued with 2 number plates (of a type that, in the opinion of the Corporation, is appropriate to that registration number) bearing that registration number; and (c) the right to display number plates bearing that registration number on any vehicle to which that number is assigned by the Corporation. (2) The rights referred to in subsection (1)- (a) are exclusive to the owner of those rights; and (b) may be exercised at any time, whether at the time of purchase of the registration number rights or at any later time; and (c) may only be exercised subject to, and in accordance with, this Act and the regulations; and (d) may be transferred to any other person, or otherwise dealt with, by the owner of those rights; and (e) form part of the property of the estate of the owner on his or her death; and (f) are, by force of this paragraph, cancelled on the expiry of the period of 12 months of the vehicle to which they were last assigned continuing to be not registered under Part 2 unless the owner of those rights has before that expiry notified the Corporation of their wish to retain the registration number that is the subject of those rights. (3) Subject to this Act and the regulations, the Corporation must take all necessary steps to give effect to the exercise of any right referred to in subsection (1). (4) If- (a) a vehicle is sold (whether before, on or after the commencement of Division 1 of Part 6 of the Transport Legislation (Miscellaneous Amendments) Act 2004) together with a number plate issued by the Corporation displayed on it; and (b) that number plate bears the registration number assigned to the vehicle at the time of the sale; and (c) that registration number is at the time of the sale the subject of registration number rights- it must be presumed for all purposes, in the absence of evidence to the contrary, that the person who acquires the vehicle also acquires the registration number rights in respect of that registration number. (5) The Corporation must not assign to a vehicle, or issue a number plate bearing, a registration number that is the subject of registration number rights except on an application made by, or with the consent of, the owner of those rights. (6) A number plate issued by the Corporation bearing a registration number that is the subject of registration number rights owned by a person remains the property of the State despite the separate ownership of the registration number rights. Road Safety Act 1986 - SECT 5AE Non-standard number plates and replacement number plates 5AE. Non-standard number plates and replacement number plates (1) The Corporation may, in accordance with the regulations, issue non-standard number plates or replacement number plates for a fee fixed by the Corporation or determined at auction or by inviting tenders. (2) Despite anything to the contrary in this Act, a fee fixed for the issue of a non-standard number plate or a replacement number plate may vary according to the design, size, colour or material of the particular number plate or class of number plate and is not required to be related in any way to the cost to the Corporation of providing any service. Division 2-Registration Road Safety Act 1986 - SECT 5 Purposes of registration 5. Purposes of registration The purposes of registration are- (a) to ensure that the design, construction and equipment of motor vehicles and trailers which are used on a highway meet safety and environmental standards; and (b) to enable the use of motor vehicles and trailers on highways to be regulated for reasons of safety, protection of the environment and law enforcement; and (c) to provide a method of establishing the identity of each motor vehicle or trailer which is used on a highway and of the person who is responsible for it. Road Safety Act 1986 - SECT 6 Application of Part 6. Application of Part This Part applies only to motor vehicles and trailers which are used or intended for use on a highway. Road Safety Act 1986 - SECT 6A Corporation not to register vehicles based outside Victoria 6A. Corporation not to register vehicles based outside Victoria The Corporation must not register a vehicle unless it is satisfied that the vehicle's garage address is in Victoria. Road Safety Act 1986 - SECT 7 Offence if vehicle or trailer not registered 7. Offence if vehicle or trailer not registered (1) A person must not- (a) use on a highway a motor vehicle or a trailer; or (b) own a motor vehicle or a trailer which is used on a highway- unless that motor vehicle or trailer is registered under this Part or exempted from registration under the regulations or is used as specified in a registration permit granted in accordance with the regulations. (2) A person must not- (a) use a motor vehicle or trailer in breach of any condition of its registration; or (b) being the registered operator of a motor vehicle or a trailer, permit or allow it to be so used or employ a person to so use it. (3) A person who contravenes subsection (1) or (2) is guilty of an offence and liable to a penalty not exceeding- (a) in the case of an individual- (i) 25 penalty units for a first offence; (ii) 50 penalty units for a second or subsequent offence; (b) in the case of a body corporate- (i) 125 penalty units for a first offence; (ii) 250 penalty units for a second or subsequent offence. * * * * * (5) A person may not be convicted of more than one offence under subsection (1) or subsection (2) in respect of the same circumstances. * * * * * * * * * * * * * * * * * * * * Road Safety Act 1986 - SECT 9 Effecting registration, renewal or transfer 9. Effecting registration, renewal or transfer (1) Registration, renewal of registration and transfer of registration may be applied for and granted or refused only in accordance with the regulations and Division 3 of Part 6A. Note Section 16F contains prohibitions on registration and renewal of registration in respect of written-off vehicles. (1A) The Corporation must ensure that an applicant for registration, renewal of registration or transfer of registration of a motor vehicle or trailer is informed at the time of making the application that any information given or document submitted in connection with the application, or a copy of such a document, may be disclosed or used for investigation, law enforcement and other purposes in accordance with section 92. * * * * * * * * * * Road Safety Act 1986 - SECT 9AA Suspension of motor vehicle or trailer registration 9AA. Suspension of motor vehicle or trailer registration (1) Despite section 9(1), if directed by the sheriff under section 112 of the Infringements Act 2006, the Corporation must suspend any registration of a motor vehicle or trailer in the name of the registered operator of that vehicle or trailer until notified by the sheriff that the suspension has ceased because one of the matters referred to in section 113 of that Act has occurred. (2) While the registration of a motor vehicle or trailer is suspended under subsection (1), the vehicle is unregistered for the purposes of this Part. (3) Despite subsection (2) it is not an offence against this Act to leave a vehicle whose registration has been suspended under this section standing on a highway. (4) Suspension under this section does not alter the expiry date for the registration of a motor vehicle or trailer under this Act. Road Safety Act 1986 - SECT 9AB Cessation of suspension 9AB. Cessation of suspension The suspension of a registration of a motor vehicle or trailer suspended under section 9AA ceases when the Corporation receives notification from the sheriff in accordance with section 113 of the Infringements Act 2006. Road Safety Act 1986 - SECT 9AC Direction not to renew registration 9AC. Direction not to renew registration (1) Despite section 9(1), if directed by the sheriff under section 114(2) of the Infringements Act 2006, the Corporation must not renew any registration of a motor vehicle or trailer in the name of the registered operator of that vehicle or trailer or transfer to any other person any registration of that motor vehicle or trailer in respect of that registered operator until notified by the sheriff that the direction not to renew has ceased because one of the matters referred to in section 115 of that Act has occurred. (2) When sending a notice of renewal of a motor vehicle or trailer registration in accordance with this Act to a registered operator of a vehicle or trailer in respect of whom a direction has been given under section 114(2) of Infringements Act 2006, the Corporation must include in the notice of renewal a notice advising that renewal will not be granted or registration transferred until one of the matters referred to in section 115 of that Act occurs because of a direction of the sheriff under section 114(2) of that Act. Road Safety Act 1986 - SECT 9AD Renewal of registration 9AD. Renewal of registration The Corporation may renew a motor vehicle or trailer registration which was not renewed by virtue of section 9AC when the Corporation receives notification from the sheriff in accordance with section 115 of the Infringements Act 2006. Road Safety Act 1986 - SECT 9AE Non-transfer of registration 9AE. Non-transfer of registration (1) Despite section 9(1), if directed by the sheriff under section 116 of the Infringements Act 2006, or if a deemed direction under section 114(4) of that Act is in force, the Corporation must not transfer to any other person any registration of a motor vehicle or trailer if the registered operator of that vehicle or trailer is a person in respect of whom a direction under section 116 of that Act or a deemed direction under section 114(4) of that Act applies until notified by the sheriff that the direction not to transfer has ceased because one of the matters referred to in section 115 or 117 of that Act has occurred, as the case requires. (2) When directed by the sheriff under section 116 of the Infringements Act 2006, or if a deemed direction under section 114(4) of that Act is in force, the Corporation must send to the registered operator of the motor vehicle or trailer in respect of whom the direction applies a notice advising that no transfer of registration will occur in relation to that vehicle or trailer until one of the matters referred to in section 115 or 117 of that Act occurs, as the case requires because of a direction of the sheriff under section 116 of that Act or a deemed direction under section 114(4) of that Act. Road Safety Act 1986 - SECT 9AF Transfer of registration 9AF. Transfer of registration The Corporation may transfer a motor vehicle or trailer registration which was directed not to be transferred by virtue of section 9AE when the Corporation receives notification from the sheriff in accordance with section 115 or 117 of the Infringements Act 2006 as the case requires. Road Safety Act 1986 - SECT 9A Obligations of registered operator 9A. Obligations of registered operator (1) This Act and the regulations do not affect the obligations of a registered operator to comply with the Transport Accident Act 1986 and the Duties Act 2000. (2) The registered operator of a vehicle must, in accordance with the regulations- (a) ensure that any devices, plates and documents issued by the Corporation are installed or displayed on the vehicle; and (b) ensure that documents prescribed by the regulations are carried in the vehicle when the vehicle is in use; and (c) when required to do so by the Corporation, produce documents prescribed by the regulations; and (d) comply with any directions given by, and conditions imposed by, the Corporation about the registration of the vehicle; and (e) keep records required to be kept by the regulations about the registration of the vehicle. Road Safety Act 1986 - SECT 9B Register does not provide evidence of title 9B. Register does not provide evidence of title The register of vehicles maintained by the Corporation does not provide evidence of title to any motor vehicle or trailer. Road Safety Act 1986 - SECT 10 Power to require compliance with standards 10. Power to require compliance with standards (1) The Minister may, by notice in the Government Gazette, require compliance with standards for registration relating to the construction, efficiency, performance, safety, design and equipment of, and the method of identifying, motor vehicles and trailers. (2) A standard may include a code of practice. (3) A notice under subsection (1) must specify the class or classes of motor vehicles and trailers to which the standards apply. (4) The standards must be available for inspection on request at a place which is open to the public and is specified in the notice. (5) Unless the Minister otherwise specifies in the notice relating to a particular standard, a standard applies only to motor vehicles or trailers manufactured 12 months or more after the date of the notice. * * * * * Road Safety Act 1986 - SECT 12 Appeal to Magistrates' Court 12. Appeal to Magistrates' Court (1) If the Corporation decides to- (a) refuse an application for registration of a motor vehicle or trailer; or (b) refuse to register a motor vehicle or trailer unconditionally under this Part; or (c) cancel or suspend, other than a suspension in accordance with Part 8 of the Infringements Act 2006 under section 9AA, the registration of a motor vehicle or trailer- the applicant or owner may, in accordance with the regulations, appeal against that decision to the Magistrates' Court. (2) On an appeal under subsection (1) the court must- (a) re-determine the matter of the refusal, cancellation or suspension; and (b) hear any relevant evidence tendered by the appellant or the Corporation; and (c) without limiting its discretion, take into consideration anything that the Corporation ought to have considered. (3) Every decision of the Magistrates' Court on an appeal under this section is final and conclusive and must be given effect to by the Corporation. Road Safety Act 1986 - SECT 13 Power to inspect motor vehicles and trailers 13. Power to inspect motor vehicles and trailers (1) An authorised officer for the purposes of this section or a member of the police force may at any reasonable time inspect a motor vehicle or trailer which is being used on a highway if the officer or member believes on reasonable grounds that- (a) the driver of the motor vehicle is not complying with this Act or the regulations in driving a motor vehicle of that kind; or (b) the motor vehicle or trailer does not comply with this Act or the regulations. (2) An authorised officer for the purposes of this section or a member of the police force may, by notice in accordance with subsection (3), require to be produced for inspection at a place specified in the notice, a motor vehicle or trailer which the officer or member has reasonable grounds for suspecting has within the preceding 30 days been used or will be used on a highway if the officer or member believes on reasonable grounds that- (a) the driver of the motor vehicle has not complied with this Act or the regulations in driving a motor vehicle of that kind; or (b) the motor vehicle or trailer does not comply with this Act or the regulations. (3) A notice must be in writing and must be served on the registered operator or, if the motor vehicle or trailer is not registered, on the owner. (4) An inspection may include any tests which the inspecting officer or member of the police force decides to be appropriate. (5) A person who refuses or fails- (a) to allow a motor vehicle or trailer to be inspected when required under this section; or (b) to produce a motor vehicle or trailer for inspection at the place specified in a notice within 7 days after service of the notice on that person- is guilty of an offence. Penalty: 5 penalty units. (6) In this section authorised officer for the purposes of this section means- (a) an officer of the Corporation authorised in writing by the Corporation for the purposes of this section; or (ab) a person employed under Part 3 of the Public Administration Act 2004 in the police force of Victoria who is authorised in writing by the Chief Commissioner of Police for the purposes of this section; or (b) an employee in the Department of Infrastructure authorised in writing by the Secretary to the Department of Infrastructure for the purposes of this section. Road Safety Act 1986 - SECT 14 Defective vehicles 14. Defective vehicles (1) A member of the police force or a person referred to in section 13(6) may, in accordance with the regulations, on discovering a vehicle that does not comply with this Act or the regulations- (a) issue a warning or a vehicle defect notice; or (b) impose conditions on the use of the vehicle; or (c) prohibit the use of the vehicle. (1A) A member of the police force or a person referred to in section 13(6) may, in accordance with the regulations, also take any of the actions listed in subsection (1) if he or she reasonably suspects, on the basis of any information derived from a vehicle's engine management system using, in accordance with the regulations, an engine management system reading device specified by the regulations, that the vehicle does not comply with this Act or the regulations. (2) A vehicle defect notice may be withdrawn or cleared in accordance with the regulations. * * * * * Road Safety Act 1986 - SECT 15A Suspension or cancellation of vehicle tester authorisations2 15A. Suspension or cancellation of vehicle tester authorisations2 (1) The Corporation may, in accordance with the regulations, suspend for 30 days or more or cancel an authorisation granted to a person under regulations made under item 9 of Schedule 2 if it is of the opinion that- (a) the person has ceased to be a fit and proper person to hold the authorisation; or (b) the person's premises are no longer suitably equipped to carry out examinations and tests; or (c) none of the person's employees is qualified to carry out examinations and tests; or (d) any provision of the regulations which applies in respect of authorised persons and the testing of vehicles has not been complied with. (2) The Corporation may, in accordance with the regulations, immediately suspend until the charge has been determined an authorisation granted to a person under regulations made under item 9 of Schedule 2 if the person is charged with- (a) an offence involving violence or the threat of violence; or (b) theft or an offence involving deception or fraud; or (c) an offence against paragraph (e) or (f) of section 61(1); or (d) an offence involving the risk of injury to the public- and may, in accordance with the regulations, cancel the authorisation if the person is convicted of any such offence. (3) The Corporation may, in accordance with the regulations, suspend for 3 months an authorisation granted to a person under regulations made under item 9 of Schedule 2 if the person incurs 12 or more demerit points within any 3 year period. (4) The circumstances in which demerit points are incurred or cancelled and the number of points incurred are as prescribed. (5) The holder of an authorisation granted under regulations made under item 9 of Schedule 2 may appeal to the Magistrates' Court against a decision of the Corporation to suspend or cancel that authorisation. (6) An appeal against a decision of the Corporation made under subsection (3) may only be made on either or both of the following grounds: (a) That demerit points have been recorded against the appellant in error or because of wrongful or mistaken identity; (b) That a miscalculation has been made in assessing the total number of demerit points incurred by the appellant. (7) The giving, in accordance with the regulations, of a notice of appeal against a decision of the Corporation made under subsection (3) stays the suspension of the authorisation pending the determination of the appeal. (8) On an appeal under this section the Magistrates' Court must- (a) re-determine the matter of the suspension or cancellation; and (b) hear any relevant evidence tendered by the appellant or the Corporation; and (c) without limiting its discretion, take into consideration anything that the Corporation ought to have considered. (9) On an appeal against a decision of the Corporation made under subsection (3) the Magistrates' Court may- (a) in allowing the appeal, give to the Corporation any directions it thinks proper for the amendment of any demerits register kept by the Corporation; or (b) in dismissing the appeal, order that the suspension take effect from a date specified in the order. (10) Every decision of the Magistrates' Court on an appeal under this section is final and conclusive and must be given effect to by the Corporation. Road Safety Act 1986 - SECT 16 Seizure of number plates 16. Seizure of number plates (1) An authorised officer for the purposes of this section or a member of the police force may take possession of any number plate which the officer or member has reasonable grounds for suspecting- (a) is being used other than in accordance with this Act and the regulations; or (b) was not issued in accordance with this Act and the regulations- and may retain it until the Corporation is satisfied that it was not being so used and that it was issued in accordance with this Act and the regulations. (1A) A member of the police force, or an officer of the Corporation authorised by the Corporation for the purposes of this subsection, may take possession of any number plate displayed on a motor vehicle or trailer which the member has reasonable grounds 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 trailer- (i) that is not registered under Part 2 or exempted from registration under the regulations; and (ii) in relation to which the period 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 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 subsection. (2) In this section authorised officer for the purposes of this section means- (a) an officer of the Corporation or an officer or agent of the Transport Accident Commission authorised in writing by the Corporation for the purposes of this section; or (b) an employee in the Department of Infrastructure authorised in writing by the Secretary to the Department of Infrastructure for the purposes of this section. Division 3-Written-off vehicles Road Safety Act 1986 - SECT 16A Purposes of Division 16A. Purposes of Division The purposes of this Division are- (a) to curtail trade in stolen motor vehicles by preventing vehicle information about written-off vehicles, particularly vehicle identifiers, being used to register stolen motor vehicles; (b) to facilitate inspections of written-off vehicles that have been repaired; (c) to make information available to prospective purchasers about whether a motor vehicle has previously been written off. Road Safety Act 1986 - SECT 16B Definitions 16B. Definitions (1) In this Division- corresponding category means a specified category of written-off vehicle on an interstate written-off vehicles register that the Governor in Council by Order published in the Government Gazette declares to be a category that corresponds to a specified category of written-off vehicle under this Division; domestic partner of a person means- (a) a person who is in a registered relationship with the person; or (b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person- (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); 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 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 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); 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 (b) buying motor vehicles and substantially demolished or dismantled motor vehicles and selling substantially demolished or dismantled motor vehicles (whether or not the person also sells parts of, or accessories for, motor vehicles); repairable write-off means a written-off vehicle that- (a) is not a statutory write-off; or (b) is entered on an interstate written-off vehicles register in a corresponding category to repairable write-off under this Division; self-insurer means a corporation or partnership that owns 5 or more late 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 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; 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 following impact damage indicators- (i) damage to an area of the roof equal to or exceeding 300 millimetres by 300 millimetres; or (ii) damage to an area of the cabin floor pan equal to or exceeding 300 millimetres by 300 millimetres; or (iii) damage to an area of the firewall equal to or exceeding 300 millimetres by 300 millimetres; or (iv) any damage to the suspension; or (v) damage (cracked or broken) to major mechanical components such as the engine block and transmission casings; or (b) a motor cycle that has impact damage (excluding scratching) to the suspension and at least 2 areas 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 period; or (ii) immersed in fresh water up to the dashboard or steering wheel for more than 48 hours; or (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 hours; or (e) a motor vehicle that has been burnt to such an extent that it is only fit for wrecking or scrap; or (f) a motor vehicle that has been stripped of all, or a combination of most, interior and exterior body parts, panels and components; or 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. (g) entered on an interstate written-off vehicles register in a corresponding category to statutory write-off under this Division; * * * * * written-off vehicle means- (a) a statutory write-off; or (b) a repairable write-off. (2) The Governor in Council may, by Order published in the Government Gazette, declare that a specified category of written-off vehicle on an interstate written-off vehicles register corresponds to a specified category of written-off vehicle under this Division. (3) The Chief Commissioner of Police may authorise in writing for the purposes of section 16D(4) a specified member or members of the police force. (4) For the purposes of the definition of domestic partner in subsection (1)- (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are co-tenants. Road Safety Act 1986 - SECT 16C When is a vehicle written off? 16C. When is a vehicle written off? (1) For the purposes of this Division, a motor vehicle is written off if- (a) the vehicle has been damaged by collision, fire, flood, accident, trespass or other event or circumstances; and (b) an insurer (whether or not the insurer of the vehicle) or the self-insurer of the vehicle or, if there is no insurer or self-insurer of the vehicle, the registered operator of the vehicle or, if the registration of the vehicle has been cancelled, the person who was the registered operator of the vehicle immediately before that cancellation 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 related area would be more than its fair market value immediately before the event or circumstances that caused the damage. (1A) For the purposes of this Division, a motor vehicle is also written off if it is entered on an interstate written-off vehicles register. (2) An insurer of a vehicle referred to in subsection (1)(a) is taken to have made a determination under subsection (1)(b) if the insurer- (a) allows a claim for the full insured value of the vehicle; or (b) disposes of the vehicle to a third party. (3) A self-insurer of a vehicle referred to in subsection (1)(a) is taken to have made a determination under subsection (1)(b) if the self-insurer disposes of the vehicle to a third party. (4) A registered operator of a vehicle referred to in subsection (1)(a) is taken to have made a determination under subsection (1)(b) if the registered operator disposes of the vehicle to a motor wrecker. (5) Nothing in subsection (2), (3) or (4) limits the circumstances in which an insurer, self-insurer or registered operator may be taken to have made a determination referred to in subsection (1)(b). (6) An insurer or self-insurer, in making a determination under subsection (1)(b), may determine that the vehicle is a statutory write-off or a repairable write-off. Road Safety Act 1986 - SECT 16D Register of written-off vehicles 16D. Register of written-off vehicles (1) The Corporation must maintain a register of 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. (2A) In entering a vehicle on the register of written-off vehicles, the Corporation is entitled to rely on a determination made by an insurer or self-insurer under section 16C(1)(b) that a written-off vehicle is a statutory write-off or a repairable write-off and is not required to make any enquiries of its own in relation to the matter before entering the vehicle on the register as such. (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 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 investigation, law enforcement and other purposes in accordance with section 92. (4) If- (a) a vehicle is entered on the register of written-off vehicles as a repairable write-off; and (b) a member of the police force authorised by the Chief Commissioner of Police for the purposes of this subsection notifies the Corporation in writing that the entry of the vehicle on the register should be as a statutory write-off- the Corporation must amend the entry accordingly. Road Safety Act 1986 - SECT 16E Appeals regarding written-off vehicle registration 16E. Appeals regarding written-off vehicle registration (1) If the Corporation decides to- (a) refuse to enter a vehicle on the register of written-off vehicles; or (b) amend, or refuse to amend, an entry on the register of written-off vehicles; or (c) refuse to remove an entry from the register of written-off vehicles- a person referred to in subsection (2) may appeal against that decision to the Magistrates' Court in accordance with the regulations. (2) An appeal may be made under subsection (1) by- (a) a person who notified the Corporation that the vehicle was a written-off vehicle; or (b) the person who was the registered operator of the vehicle when it became a written-off vehicle or, if the registration of the vehicle was then cancelled, immediately before that cancellation; or (c) a person who was the spouse or a domestic partner of a person referred to in paragraph (a) or (b) when the notification was made or the vehicle became a written-off vehicle (as the case requires). (2A) A person may only appeal on one or more of the following grounds- (a) in the case of an appeal against an amendment of an entry made under section 16D(4), that the vehicle was not a statutory write-off when the amendment was made; (b) in the case of an appeal against any other amendment of, or against a refusal to amend, an entry, that the vehicle did not satisfy the criteria for the category of written-off vehicle under which it was registered when it was entered on the register; (c) in the case of an appeal against a refusal to remove an entry, that the vehicle was not a written-off vehicle when it was entered on the register. (3) On an appeal under subsection (1), the court must- (a) re-determine the matter of the decision; and (b) hear any relevant evidence tendered by 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 decision of the Magistrates' Court on an appeal. Road Safety Act 1986 - SECT 16F Prohibition on registration of vehicles that have written-off vehicle identifiers 16F. Prohibition on registration of vehicles that have written-off vehicle identifiers (1) The Corporation must not register, or renew 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 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 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-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 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. (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 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- except as permitted by the regulations. _______________ Road Safety Act 1986 - PART 3 PART 3 LICENSING OF DRIVERS Road Safety Act 1986 - SECT 17 Purposes of licensing 17. Purposes of licensing The purposes of licensing are- (a) to ensure that people who drive motor vehicles on highways are competent drivers; and (b) to ensure that drivers are aware of safe driving practices and road law; and (c) to ensure that people who are, or who become, unsuited to drive are not permitted to drive on highways; and (d) to enable the identification of drivers for the purposes of law enforcement and accident investigation. Road Safety Act 1986 - SECT 17A Obligations of road users 17A. Obligations of road users (1) A person who drives a motor vehicle on a highway must drive in a safe manner having regard to all the relevant factors, including (without limiting the generality) the- (a) physical characteristics of the road; (b) prevailing weather conditions; (c) level of visibility; (d) condition of the motor vehicle; (e) prevailing traffic conditions; (f) relevant road laws and advisory signs; (g) physical and mental condition of the driver. (2) A road user other than a person driving a motor vehicle must use a highway in a safe manner having regard to all the relevant factors. (3) A road user must- (a) have regard to the rights of other road users and take reasonable care to avoid any conduct that may endanger the safety or welfare of other road users; (b) have regard to the rights of the community and infrastructure managers in relation to road infrastructure and non-road infrastructure on the road reserve and take reasonable care to avoid any conduct that may damage road infrastructure and non-road infrastructure on the road reserve; (c) have regard to the rights of the community in relation to the road reserve and take reasonable care to avoid conduct that may harm the environment of the road reserve. (4) In subsection (3), infrastructure manager, non-road infrastructure, road infrastructure and road reserve have the same meanings as in section 3(1) of the Road Management Act 2004. Road Safety Act 1986 - SECT 18 Offence if driver not licensed 18. Offence if driver not licensed (1) A person who drives a motor vehicle on a highway- (a) without holding a driver licence or permit which authorises the holder to drive such a motor vehicle (unless exempted under the regulations); or (b) in breach of any condition of a driver licence or permit; or (c) being a person who is exempted under the regulations from the requirements of paragraph (a) because he or she holds an appropriate licence or permit issued in another State, Territory or country, in breach of any condition of that licence or permit- is guilty of an offence and, unless subsection (2) or (3) applies, is liable to a penalty not exceeding 25 penalty units or to imprisonment for not more than 3 months. (2) If the court is satisfied- (a) that the person has held an appropriate licence (whether issued in Victoria or in another State or Territory) or an International Driving Permit at some time before the commission of an offence against subsection (1); and (b) that the licence was not cancelled for an offence relating to the driving of a motor vehicle committed by the person in Victoria or in another State or Territory- that person is liable to a penalty not exceeding 10 penalty units or to imprisonment for not more than one month. (3) If the court is satisfied, in the case of a person who drove a motor vehicle on a highway in the circumstances referred to in subsection (1)(a), that the person may have been subject to a direction under section 50AAA(1A) or 50AAA(3A) or would have been subject to a direction under section 50AAA(2), 50AAA(2A) or 50AAA(3)(b) had the person applied under section 50(4) for an order as to the issue of a driver licence or permit or, having applied under that section, had the court not refused to make the order sought, that person is liable to a fine of not more than 30 penalty units or to imprisonment for a term of not more than 4 months. (4) If subsection (3) applies, the court may, if it considers it appropriate to do so, order that the motor vehicle concerned be immobilised (whether by wheel clamps or any other means) for a period specified in the order of up to 12 months. (5) An order under subsection (4) may be made subject to specified conditions. (6) The court may make an order under subsection (4) whether the motor vehicle is owned by the offender or another person. (7) If the court considers that another person, who is not present at the hearing concerning the making of an order under subsection (4), may be substantially affected by such an order, the court must issue a summons to that other person to show cause why the order should not be made. (8) On return of the summons, the court may, after hearing the evidence brought before it, make or refuse to make the order. Road Safety Act 1986 - SECT 19 Driver licences 19. Driver licences (1) The Corporation may, on the application of a person over the age of 18 years, grant a driver licence if it is satisfied that the applicant is qualified to hold such a licence. (2) The Corporation may, before granting a licence, require the applicant- (a) to pass any appropriate tests; and (b) to comply with any prescribed procedures and requirements; and (c) to have any prescribed qualification. (2A) Without limiting subsection (2)(b), a regulation for the purposes of that paragraph may provide for different procedures or requirements depending on a person's age, experience or any other factor. (3) A licence authorises a person to drive on a highway any categories of motor vehicle indicated in the licence for the term, and subject to any conditions, specified in the licence. (3A) Without limiting the generality of subsections (1) and (3), in exercising its discretion under this section, the Corporation may grant people of or over 75 years of age driver licences for shorter terms than the terms that usually apply to people who are less than 75 years of age. (4) A licence may be applied for, granted, renewed or refused only in accordance with the regulations. (5) Subject to subsection (6), a person who holds a driver licence must have the licence in his or her possession at all times while driving or in charge of a large vehicle. Penalty applying to this subsection: 5 penalty units. (6) Subsection (5) does not apply in respect of a large vehicle being used on a journey wholly within a radius of 80 kilometres from the place of business from which the large vehicle normally operates. (7) A person who holds a full driver licence issued only because of the order of the Magistrates' Court made on an application under section 50(4) of this Act or section 89(2) of the Sentencing Act 1991 must have the licence in his or her possession while driving or in charge of a motor vehicle at any time during the period of 3 years (or any longer period during which an alcohol interlock condition as defined in section 3(1) of this Act or section 87P(1) of the Sentencing Act 1991, as the case requires, applies to the licence) from the first issue of a licence on that order3. Penalty applying to this subsection: 5 penalty units. (8) A person under the age of 26 years who holds a driver licence must have the licence in his or her possession at all times while driving or in charge of a motor vehicle. Penalty: 5 penalty units. Road Safety Act 1986 - SECT 19A Direction not to renew licence 19A. Direction not to renew licence (1) Despite section 19(4), if directed by the sheriff under section 114 of the Infringements Act 2006, the Corporation must not renew a driver licence or permit of a person in respect of whom that direction applies until notified by the sheriff that the non-renewal direction has ceased because one of the matters referred to in section 115 of that Act has occurred. (2) When sending a notice of renewal of a driver licence or permit in accordance with this Act to a licence or permit holder in respect of whom a direction has been given under section 114 of the Infringements Act 2006, the Corporation must include in the notice of renewal a notice advising that renewal will not be granted until one of the matters referred to in section 115 of that Act occurs because of a direction of the sheriff under section 114 of that Act. Road Safety Act 1986 - SECT 19B Renewal of licence or permit 19B. Renewal of licence or permit The Corporation may renew a driver licence or permit which was not renewed by virtue of section 19A when the Corporation receives notification from the sheriff in accordance with section 115 of the Infringements Act 2006. Road Safety Act 1986 - SECT 20 Variation of driver licences 20. Variation of driver licences (1) The holder of a driver licence who satisfies the Corporation that he or she is qualified to drive a category of motor vehicle in addition to any category indicated in his or her licence may on application to the Corporation have that licence varied to include that additional category. (2) An application for a licence variation may be made, granted or refused only in accordance with the regulations. (3) The Corporation may, before granting a licence variation, require the applicant- (a) to pass any appropriate tests and to undergo any appropriate training; and (b) to comply with any prescribed procedures and requirements; and (c) to satisfy it that he or she- (i) has held a driver licence for the period determined by the Corporation; and (ii) has had adequate driving experience; and (iii) has attained the age specified by the Corporation. Road Safety Act 1986 - SECT 21 Probationary driver licences 21. Probationary driver licences (1) If a driver licence is granted to a person who has not previously held one, that licence must, unless the regulations otherwise provide, be granted on probation in accordance with the regulations, until the latest of- (a) the date specified in the licence, or that date as extended in accordance with the regulations; or (b) the date on which the person passes any appropriate tests that the Corporation requires him or her to pass to obtain a full driver licence; or (c) the date on which the person complies with any prescribed procedures and requirements. (1A) A person who holds a probationary driver licence must have the licence in his or her possession at all times while driving or in charge of a motor vehicle. Penalty: 5 penalty units. (2) If a driver licence which is granted to a person on probation expires, or is cancelled by a court or the Corporation or by operation of this Act, before the completion of the full cumulative probationary period applicable to the holder of the licence and subsequently a new driver licence is granted to the person, that new licence must, unless the regulations otherwise provide, be granted on probation in accordance with the regulations, until the latest of- (a) the date specified in the licence, or that date as extended in accordance with the regulations; or (b) the date on which the person passes any appropriate tests that the Corporation requires him or her to pass to obtain a full driver licence; or (c) the date on which the person complies with any prescribed procedures and requirements. (3) Regulations for the purpose of this section may- (a) provide for different classes of probationary driver licences depending on a person's age, experience or any other factor; (b) provide for the period of probation in respect of each class of probationary driver licence; (c) provide that a person who holds a probationary driver licence of one class must, after completing that period of probation, hold a probationary driver licence of another class before being granted a full driver licence; (d) provide for the extension of a probationary period in the case of a person who commits a specified offence or who has his or her licence suspended; (e) require a person who holds a probationary driver licence of one class to pass any appropriate tests that the Corporation requires, and to comply with any other procedures or requirements, before being granted a probationary driver licence of another class. (4) Without limiting subsection (3), regulations for the purpose of this section may provide that probationary driver licences granted to persons under the age of 21 may have longer terms than the terms that usually apply to probationary drivers licences granted to persons who are 21 years of age or more. * * * * * (6) A reference in this Act or the regulations to the probationary period, or the period of probation, of a licence must be taken to be a reference to the period ending on the latest of- (a) the date specified in the licence, or that date as extended in accordance with the regulations; or (b) the date on which the person passes any appropriate tests that the Corporation requires him or her to pass to obtain a full driver licence; or (c) the date on which the person complies with any prescribed procedures and requirements. (7) The Corporation may, on the application of the holder of a probationary driver licence issued before the commencement of section 6 of the Road Safety (Amendment) Act 1994 on the order of the Magistrates' Court made on an application under section 50(4), vary that licence to convert it into a full driver licence. Road Safety Act 1986 - SECT 22 Learner permits 22. Learner permits (1) The Corporation may, on the application of a person over the prescribed age, grant a learner permit if it is satisfied that the applicant is qualified to hold such a permit. (2) In subsection (1), prescribed age means- (a) in the case of a learner permit to drive a motor cycle, 18 years; and (b) in any other case, 16 years. (3) The Corporation may, before granting a permit, require the applicant- (a) to pass any appropriate tests and undergo any appropriate training; and (b) to comply with any prescribed procedures and requirements. (4) A learner permit authorises the holder to drive on a highway any category of motor vehicle indicated in the permit for the term and subject to the conditions specified in the permit. (5) A learner permit may be applied for, granted, renewed, extended or refused only in accordance with the regulations. (6) A person who holds a learner permit must have the permit in his or her possession at all times while driving or in charge of a motor vehicle. Penalty: 5 penalty units. * * * * * Road Safety Act 1986 - SECT 23A Information to be given to applicants for licences or permits 23A. Information to be given to applicants for licences or permits The Corporation must ensure that an applicant for a driver licence or a learner permit is informed at the time of making the application that any information given or document submitted in connection with the application, or a copy of such a document, may be disclosed or used for investigation, law enforcement and other purposes in accordance with section 92. Road Safety Act 1986 - SECT 24 Cancellation, suspension or variation of licences and permits by Corporation 24. Cancellation, suspension or variation of licences and permits by Corporation (1) The Corporation must, if required by the regulations to do so- (a) suspend for the prescribed time the driver licence or permit of any person; (b) cancel the driver licence or permit of any person; (c) vary the driver licence or permit of any person by excluding or including a category of motor vehicle; (d) vary the conditions to which the driver licence or permit of any person is subject by imposing, removing or amending a condition. (1A) If directed to do so by the sheriff under section 110 of the Infringements Act 2006, the Corporation must suspend a driver licence or permit of a person in respect of whom the direction applies until the sheriff notifies the Corporation that one of the matters referred to in section 111 of that Act has occurred. (1B) The suspension of a driver licence or permit suspended under subsection (1A) ceases when the Corporation receives notification from the sheriff in accordance with section 111 of the Infringements Act 2006. (2) The Corporation may, in accordance with the regulations- (a) suspend for any time that it thinks fit the driver licence or permit of any person; (b) cancel the driver licence or permit of any person; (c) vary the driver licence or permit of any person by excluding or including a category of motor vehicle; (d) vary the conditions to which the driver licence or permit of any person is subject by imposing, removing or amending a condition. (3) In suspending, in accordance with the regulations, a driver licence or permit on the ground that it would be dangerous for the person to drive a motor vehicle because of illness or bodily infirmity, defect or incapacity or because of the effects of treatment for any of those things, the Corporation may do so on the basis of a report given by a registered medical practitioner and without conducting any other hearing or investigation into the matter before the suspension is imposed. Road Safety Act 1986 - SECT 25 Demerits Register 25. Demerits Register (1) The Corporation must keep a Demerits Register and must record against a person any demerit points that are incurred by that person. (2) The circumstances in which demerit points are incurred, the number of points incurred, the determination of the date on which points are to be recorded as incurred and the circumstances in which, if points are incurred before a conviction or finding of guilt is recorded or made, the points may be cancelled are as prescribed. * * * * * (3) The Corporation must serve a notice (a demerit point option notice) containing the prescribed particulars on- (a) the holder of a full driver licence if he or she incurs 12 or more demerit points within any 3 year period; and (b) the holder of a learner permit or probationary driver licence if he or she incurs- (i) 5 or more demerit points within any 1 year period; or (ii) 12 or more demerit points within any 3 year period. (3A) A person on whom a demerit point option notice is served may, within 21 days after service of the notice, notify the Corporation that he or she elects to extend the demerit point period. (3B) If a person notifies the Corporation under subsection (3A) that he or she elects to extend the demerit point period, the Corporation must, if the person incurs 1 or more additional demerit points in relation to any offence committed within the 12 month period commencing on the date determined by the Corporation and specified in the demerit point option notice as the commencement date of the 12 month period- (a) in the case of a person who holds a full driver licence or who holds a learner permit or probationary driver licence and also holds, or has held, a full driver licence, suspend the licence or permit for 6 months and an additional 2 months for each 4 demerit points in excess of 12 recorded against the person as at the date of issue of the demerit point option notice; and (ab) in the case of a person who holds a learner permit or probationary driver licence and who does not hold, and has never held, a full driver licence, 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 demerit point option notice; and (ii) an additional 2 months for each 4 demerit points in excess of 5 recorded against the person as at that date; and (b) when calculating demerit points recorded against the person referred to in paragraph (a) or (ab) at any time after the end of the period of suspension, disregard all demerit points recorded against the person as at the date of issue of the demerit point option notice; and (c) serve on the person referred to in paragraph (a) or (ab) a notice containing the prescribed particulars. (3C) If a person notifies the Corporation under subsection (3A) that he or she elects to extend the demerit point period, the Corporation must, if the person incurs no additional demerit points in relation to any offence committed within the 12 month period commencing on the date determined by the Corporation and specified in the demerit point option notice as the commencement date of the 12 month period, when calculating demerit points recorded against that person at any time after the end of that 12 month period, disregard all demerit points recorded against that person as at the date of issue of the demerit point option notice. (3D) If a person on whom a demerit point option notice is served does not, in accordance with subsection (3A), notify the Corporation that the person elects to extend the demerit point period, the Corporation must- (a) for a demerit point option notice returned to the Corporation as undelivered to the person- (i) decide to serve another demerit point option notice on the person under subsection (3) as soon as practicable after the person- (A) next applies for or renews the person's driver licence or learner permit; or (B) next applies to register, or renew the registration of, a motor vehicle for which the person is the registered operator; or (C) otherwise advises the Corporation of the person's current address; or (ii) take action under paragraph (b); or (b) otherwise-suspend the person's driver licence (whether or not a probationary driver licence) or learner permit for the period calculated in accordance with subsection (3E). (3E) For the purposes of subsection (3D)(b), the period for which a person's driver licence or learner permit must be suspended is- (a) 3 months, and an additional 1 month for each 4 demerit points in excess of 12 recorded against the person as at the date the demerit point option notice was issued- (i) for a full driver licence; or (ii) for a learner permit or probationary driver licence if the person also holds, or has held, a full driver licence; or (iii) for a learner permit or probationary driver licence if the person incurred 12 or more demerit points within any 3 year period but not 5 or more within any 12 month period; or (b) 3 months, and an additional 1 month for each 4 demerit points in excess of 5 recorded against the person as at the date the demerit point option notice was issued- (i) for a learner permit or probationary driver licence; and (ii) if the person does not hold, and has never held, a full driver licence; and (iii) if the person incurred 5 or more demerit points within any 12 month period. (3F) If the Corporation suspends a person's driver licence or learner permit under subsection (3D)(b), the Corporation must, when calculating demerit points recorded against the person at any time after the end of the period of suspension, disregard all demerit points recorded against the person as at the date of issue of the demerit point option notice. (4) The suspension of a driver licence or learner permit under this section takes effect on and from the date determined by the Corporation and specified in the demerit point option notice or a notice under subsection (3B)(c). (4AA) For the purposes of subsection (4), if a demerit point option notice is returned to the Corporation as undelivered to the person and the Corporation decides, under subsection (3D)(a)(i), to serve another demerit point option notice on the person, the suspension takes effect on and from the date specified in the later notice. (4A) A demerit point option notice or a notice under subsection (3B)(c) sent by post addressed to the holder of the licence or permit at his or her current address as shown in any record maintained under this Act must be taken to have been served on that person 14 days after the date of issue of the notice unless at any time after that period of 14 days the Corporation is satisfied that the notice has not been served on that person. (4B) The service of a demerit point option notice or a notice under subsection (3B)(c) is not a condition precedent to a suspension under this section taking effect but if at any time after the period of 14 days after the date of issue of the notice the Corporation is satisfied that the holder of the licence or permit has not been served with the notice, it must cancel the suspension with effect from the date on which it took effect, determine another effective date and specify that date in another notice served under subsection (3) or (3B)(c), as the case requires. (4BA) Subsection (4B) does not apply if- (a) a person is prosecuted under section 30 for driving while a suspension under this section is in force; and (b) he or she is found not guilty on the grounds that he or she was not aware at the relevant time that his or her licence or permit had been suspended. Note In the circumstances set out in this subsection, it is still open to a court under section 30A to order that the person serve an additional period of suspension of up to the period specified in section 30A(3). (4C) If a driver licence or permit suspended under this section is cancelled or suspended by the Corporation under another provision of this Act or by a court or by operation of this Act, the period from that cancellation or other suspension taking effect until a new licence or permit is issued or the other suspension is completed (as the case requires) does not count in calculating the period of suspension under this section and the suspension under this section is stayed during that period. (4D) If the Corporation is required by this section to suspend a driver licence or permit that has been cancelled or suspended by the Corporation under another provision of this Act or by a court or by operation of this Act, the date determined by the Corporation under subsection (4) must not be earlier than the date on which a new licence or permit is issued or the other suspension is completed, as the case requires. (5) The circumstances in which demerit points are cancelled are as prescribed. (6) The fact that demerit points are recorded against the holder of a driver licence or learner permit is not admissible in evidence except- (a) in proceedings on an appeal under section 26AA(1); or (b) if it is necessary to give evidence of that fact in order to establish- (i) that the holder of the licence or permit had been sent a notice advising him or her that he or she had incurred demerit points; or (ii) that the licence or permit had been suspended under this Act; or (iii) that the holder of the licence or permit had been served with a notice advising him or her of such a suspension. Road Safety Act 1986 - SECT 26 Appeal to Magistrates' Court 26. Appeal to Magistrates' Court (1) If the Corporation decides to- (a) refuse an application for a driver licence, a driver licence variation or a permit; or (b) in accordance with section 24(2), suspend, cancel or vary in any way a driver licence or permit- the applicant or holder may, in accordance with the regulations, appeal against that decision to the Magistrates' Court. (2) On an appeal under subsection (1) the court must- (a) re-determine the matter of the refusal, suspension, cancellation or variation; and (b) hear any relevant evidence tendered by the appellant or the Corporation; and (c) without limiting its discretion, take into consideration anything that the Corporation ought to have considered. (3) If the court is satisfied that the refusal, suspension, cancellation or variation- (a) results from a driving disqualification of the appellant in another State or Territory of the Commonwealth; or (b) was required by the regulations- the court must confirm the decision of the Corporation. (4) Every decision of the Magistrates' Court on an appeal under this section must be given effect to by the Corporation. Road Safety Act 1986 - SECT 26AA Appeal to Magistrates' Court-demerit points 26AA. Appeal to Magistrates' Court-demerit points (1) If the Corporation suspends a driver licence or learner permit in accordance with section 25(3B)(a), (3B)(ab) or (3D), the holder of the driver licence or learner permit may, in accordance with the regulations and subject to subsection (2), appeal against that suspension to the Magistrates' Court. (2) An appeal under subsection (1) against a suspension may only be made on either or both of the following grounds- (a) that the Corporation recorded certain demerit points other than as required by the regulations; (b) that an error has been made in the addition of the number of demerit points incurred by the appellant in a relevant period. Note In certain circumstances the Corporation is required to record demerit points against the responsible person in relation to the motor vehicle-see section 84BC(4). (3) The giving, in accordance with the regulations, of a notice of appeal under subsection (1) stays the suspension of the licence or learner permit until- (a) the date on which the appeal is determined; or (b) if the appeal is discontinued, the date on which notice in writing of discontinuance is given in accordance with the regulations to both the Magistrates' Court and the Corporation. (4) If the court is satisfied that the suspension was required by the regulations or section 25, the court must confirm the suspension. (5) On an appeal under subsection (1) the court may- (a) in allowing the appeal, direct the Corporation- (i) to record the demerit points as required by the regulations; or (ii) to correct the error made in the addition of the number of demerit points incurred by the appellant in a relevant period; or (b) in dismissing the appeal, order that the suspension take effect from a date specified in the order. (6) Every decision of the Magistrates' Court on an appeal under this section must be given effect to by the Corporation. Road Safety Act 1986 - SECT 26A Appeal to Magistrates' Court against police decision 26A. Appeal to Magistrates' Court against police decision (1) If a member of the police force decides to forbid a person to drive a motor vehicle under section 62 or take any other action under that section, the person in respect of whom the action has been taken may, in accordance with the regulations, appeal against that decision to the Magistrates' Court. (2) On an appeal under subsection (1) the court must- (a) re-determine the matter of the action taken; and (b) hear any relevant evidence tendered by the appellant or the member of the police force; and (c) without limiting its discretion, take into consideration anything that the member ought to have considered. Road Safety Act 1986 - SECT 27 Power of Corporation to require tests to be undergone 27. Power of Corporation to require tests to be undergone (1) The Corporation may require a relevant person to undergo a test to determine- (a) if the person is unfit to drive motor vehicles or a category of motor vehicles; or (b) if it is dangerous for the person to drive motor vehicles or a category of motor vehicles; or (c) whether any driver licence or permit held by the person should be subject to conditions and, if conditions are to be imposed, the type of conditions to be imposed. (2) For the purposes of subsection (1), the person may be required to undergo- (a) a test in relation to the person's fitness, including a test in relation to the person's health or medication the person is taking and its effect on the person's ability to drive; or (b) a test in relation to the person's competence; or (c) any other test the Corporation considers necessary and appropriate in the circumstances. (3) If the Corporation requires a relevant person to undergo a test- (a) the test must be carried out- (i) by a person of the class prescribed in relation to that class of test; and (ii) in accordance with any relevant guidelines; and (b) the use of the results of the test by the Corporation to determine a matter referred to in subsection (1) must be in accordance with any relevant guidelines. (4) No action may be taken against a person who carries out a test under this section and who expresses to the Corporation an opinion formed by that person as a result of the test. (5) No action may be taken against a person who, in good faith, reports to the Corporation any information which discloses or suggests that a person is unfit to drive or that it may be dangerous to allow that person to hold or be granted a driver licence, a driver licence variation or a permit. (6) In this section- relevant guidelines, in relation to a test undergone by a person, means guidelines issued by the Minister under section 96B that are relevant to the test; relevant person means a person who is- (a) the holder of a driver licence or a permit; or (b) an applicant for a driver licence or a permit; or (c) an applicant for the variation of a driver licence. Road Safety Act 1986 - SECT 28 Power of court to cancel, suspend or vary licences and permits 28. Power of court to cancel, suspend or vary licences and permits (1) If a court convicts a person of, or is satisfied that a person is guilty of, an offence against this Act or of any other offence in connection with the driving of a motor vehicle, the court- (a) in the case of an offence of driving a motor vehicle at a speed- (i) of 130 kilometres per hour or more; or (ii) of 25 kilometres per hour or more in excess of that permitted, whether generally or in relation to the particular vehicle or circumstances- must suspend for such time as the court thinks fit (not being less than the period specified in Column 2 of Schedule 5 ascertained by reference to the speed at which the vehicle was driven as specified in Column 1 of that Schedule), all driver licences and permits held by that person; and (b) in any case but subject to paragraph (a), may suspend for such time as it thinks fit or cancel all driver licences and permits held by that person and, whether or not that person holds a driver licence, disqualify him or her from obtaining one for such time (if any) as the court thinks fit. (1A) Subsection (1) does not affect the obligation of a court to cancel a licence or permit and disqualify the offender in any case in which cancellation and disqualification are mandatory under this Act. (1B) If a court convicts a person of, or is satisfied that a person is guilty of, an offence- (a) that is constituted by, or that has as a necessary element, the breach of a mass, dimension or load restraint limit or requirement; and (b) where the breach is committed in respect of a heavy vehicle- in addition to anything the court may do under subsection (1)(b), the court may vary any driver licence or permit held by the person. (2) If the court is satisfied that the circumstances of the case are so unusual as to warrant it, an order made under subsection (1)(b) may be limited in its application to a category or categories of motor vehicles and such an order has effect according to its terms and this section applies to such an order with such modifications as are necessary. (3) A court must cause particulars of an order made under subsection (1) to be sent immediately to the Corporation. (4) If under subsection (1) a court disqualifies a person from obtaining a driver licence for any time without expressly cancelling any driver licence or permit held by that person, any driver licence or permit held by that person is, unless the order specifies otherwise, to be taken to have been cancelled by that order. (5) Subsection (1) does not apply to an offence under section 56(7) unless the court is satisfied that the person convicted or found guilty of the offence had less than 3 hours before the time of the offence driven or been in charge (within the meaning of Part 5) of a motor vehicle. * * * * * (7) A driver licence or permit cancelled by a court is of no effect and a person whose licence or permit is cancelled is (without affecting the power of the court to impose a longer period) disqualified from obtaining a further licence or permit for the period specified by the court or, if no period is specified, for 3 months. * * * * * 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)). Road Safety Act 1986 - SECT 28A Effect of suspension of licence or permit 28A. Effect of suspension of licence or permit A driver licence or permit suspended by a court or by the Corporation or by operation of this Act or the Infringements Act 2006 is, during the suspension, of no effect and a person whose licence or permit is suspended is, during the suspension, disqualified from obtaining a further licence or permit. Road Safety Act 1986 - SECT 28B Disqualified person must not apply for licence or permit 28B. Disqualified person must not apply for licence or permit (1) A person who is disqualified from obtaining a driver licence or permit under this Act or the Infringements Act 2006 must not apply for or obtain a licence or permit. Penalty: 5 penalty units. (2) A licence or permit so obtained is of no effect. Road Safety Act 1986 - SECT 29 Appeal to County Court 29. Appeal to County Court (1) A person who is disqualified from obtaining a licence or permit by order of the Magistrates' Court or whose licence is cancelled or suspended or varied by order of the Magistrates' Court may, under Division 4 of Part 4 of the Magistrates' Court Act 1989, appeal to the County Court against the order in the same manner as a person may appeal from summary conviction by the Magistrates' Court. (2) The giving of notice of appeal to the County Court does not stay the operation of the order but the court making the order may, in its discretion, stay the operation of the order pending the decision of the appeal. (3) This section does not apply to an order of the Magistrates' Court made on an appeal under section 26 or section 26AA. Road Safety Act 1986 - SECT 30 Offence to drive while disqualified etc. 30. Offence to drive while disqualified etc. (1) Subject to section 30AA, a person must not drive a motor vehicle on a highway while the authorisation granted to him or her to do so under this Part is suspended or during a period of disqualification from obtaining such an authorisation. Penalty: For a first offence, 30 penalty units or imprisonment for 4 months; For a subsequent offence, imprisonment for not less than 1 month and not more than 2 years. (2) Section 49 of the Sentencing Act 1991 does not apply with respect to proceedings for an offence against subsection (1). Road Safety Act 1986 - SECT 30AA Offence to drive while licence suspended under Infringements Act 2006 30AA. Offence to drive while licence suspended under Infringements Act 2006 A person must not drive a motor vehicle on a highway while that person's driver licence or permit is suspended in accordance with Part 8 of the Infringements Act 2006. Penalty: 10 penalty units. Road Safety Act 1986 - SECT 30A Court may extend suspension or disqualification period even if offence not committed 30A. Court may extend suspension or disqualification period even if offence not committed (1) This section applies if a person is found not guilty of an offence against section 30 on the grounds that he or she was not aware at the relevant time- (a) that his or her authorisation had been suspended; or (b) that he or she was disqualified from obtaining an authorisation. (2) The court hearing the matter may order that the person serve a period of suspension or disqualification that is in substitution for any of the period of suspension or disqualification that applied to the person at the relevant time during which the person was not aware of the suspension or disqualification. (3) The maximum period that the court may impose under subsection (2) is a period equal to the period between- (a) when the person's authorisation was suspended, or when the period of disqualification started; and (b) when the person was made aware of the suspension or disqualification, or the period of suspension or disqualification ended, whichever is the earlier. (4) For the purposes of appeal or review, any period of suspension or disqualification imposed under subsection (2) is to be treated as if it had been imposed for the same reason that the original period of suspension or disqualification was imposed. Road Safety Act 1986 - SECT 31 Cancellation of registration by court 31. Cancellation of registration by court (1) A court convicting a person of an offence against section 30(1) may, if the circumstances warrant it, order the cancellation of the registration of the motor vehicle in respect of which the offence was committed, if that motor vehicle is owned by that person, and order the Corporation not to register that vehicle again during such time (if any) as the court specifies. (2) If the court considers that another person who is not present in court may be substantially affected by such an order, the court must issue a summons to that other person to show cause why the order should not be made. (3) On the return of the summons, the court may, after hearing the evidence brought before it- (a) refuse to order that the registration be cancelled; or (b) order that the registration be cancelled, and order the Corporation not to register that vehicle again during such time (if any) as the court specifies. (4) A court must cause particulars of an order made under this section to be sent immediately to the Corporation and the Corporation must give effect to the order as soon as possible. Road Safety Act 1986 - SECT 32 Offence to employ unlicensed driver 32. Offence to employ unlicensed driver (1) A person who employs, permits or allows a person to drive a motor vehicle on a highway is guilty of an offence if the driver does not hold a permit or licence which authorises him or her to drive such a motor vehicle. Penalty: 15 penalty units or imprisonment for 3 months. (2) It is a defence to a charge under subsection (1) for the person charged to prove that the person charged believed, after making all reasonable enquiries, that the driver held a permit or licence which authorised him or her to drive the motor vehicle concerned. (3) A person who is employed to drive a motor vehicle on a highway is guilty of an offence if he or she does not notify his or her employer if he or she does not hold or continue to hold a permit or licence which authorises him or her to drive such a motor vehicle. Road Safety Act 1986 - SECT 33 Driving instructor authorities 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 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 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; 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 than a motor cycle, with a GVM 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. (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 the refusal to the Magistrates' Court. (6) On an appeal under subsection (5) 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 business; and (b) send a copy of the notice of appeal to the Secretary- within 28 days after the date of the notice of refusal to grant the authority. (7) On an appeal under subsection (5) the court must- (a) re-determine the matter of the refusal; and (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. (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. (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 subsection (10), 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 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 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. (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. (14) On an appeal under subsection (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 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 authority. (15) On an appeal under subsection (14) the court must- (a) re-determine the matter of the cancellation, suspension or variation; and (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. (16) Every decision of the Magistrates' Court on an appeal under subsections (5) or (13) must be given effect to by the Secretary. Road Safety Act 1986 - SECT 33A Offence to teach driving without driving instructor authority or in breach of condition of authority 33A. Offence to teach driving without driving instructor authority or in breach of condition of authority (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- (a) without holding a driving instructor authority; or (b) in breach of any condition of such an authority- is guilty of an offence. Penalty: 8 penalty units. (2) It is a defence to a charge under subsection (1) for the person charged to prove that the person being taught to drive held a driver licence at the time of being taught. Road Safety Act 1986 - SECT 33B Requirement to display photograph 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 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. Penalty: 5 penalty units. _______________ * * * * * _______________ Road Safety Act 1986 - PART 5 PART 5 OFFENCES INVOLVING ALCOHOL OR OTHER DRUGS Road Safety Act 1986 - SECT 47 Purposes of this Part 47. Purposes of this Part The purposes of this Part are to- (a) reduce the number of motor vehicle collisions of which alcohol or other drugs are a cause; and (b) reduce the number of drivers whose driving is impaired by alcohol or other drugs; and (c) provide a simple and effective means of establishing that there is present in the blood or breath of a driver more than the legal limit of alcohol; and (d) provide a simple and effective means of establishing the presence of a drug in the blood, urine or oral fluid of a driver. Road Safety Act 1986 - SECT 47A Definition 47A. Definition (1) In this Part- corresponding law means a law of another State or a Territory that is declared to be a corresponding law under subsection (2). (2) The Minister may, by Order published in the Government Gazette, declare a law of another State or Territory, including a law that has been repealed or has expired, to be a corresponding law for the purposes of this Part. Road Safety Act 1986 - SECT 48 Interpretative provisions 48. Interpretative provisions (1) For the purposes of this Part- (a) if it is established that at any time within 3 hours after an alleged offence against paragraph (a) or (b) of section 49(1), a certain concentration of alcohol was present in the blood or breath of the person charged with the offence it must be presumed, until the contrary is proved, that not less than that concentration of alcohol was present in the person's blood or breath (as the case requires) at the time at which the offence is alleged to have been committed; and (ab) if it is established that at any time within 3 hours after an alleged offence against paragraph (ba) of section 49(1), a certain drug was present in the body of the person charged with the offence it must be presumed, until the contrary is proved, that that drug was present in the person's body at the time at which the offence is alleged to have been committed; and (ac) if it is established that at any time within 3 hours after an alleged offence against paragraph (bb) of section 49(1), a certain drug was present in the blood or oral fluid of the person charged with the offence it must be presumed, until the contrary is proved, that that drug was present in the person's blood or oral fluid at the time at which the offence is alleged to have been committed; and (b) a person is not to be taken to be in charge of a motor vehicle unless that person is a person to whom section 3AA(1)(a), (b), (c) or (d) applies. (1AA) Despite subsection (1)(b) and section 3AA, a person is not to be taken to be in charge of a motor vehicle merely because the person attempts, or intends, to start the motor vehicle if the motor vehicle has an approved alcohol interlock installed and maintained by an approved alcohol interlock supplier or a person or body authorised by such a supplier. Note For approved alcohol interlock and approved alcohol interlock supplier, see section 3(1). * * * * * * * * * * (1AC) For the purposes of an alleged offence against paragraph (ba) of section 49(1) it must be presumed that a drug found by an analyst to be present in the sample of blood or urine taken from the person charged was not due solely to the consumption or use of that drug after driving or being in charge of a motor vehicle unless the contrary is proved by the person charged on the balance of probabilities by sworn evidence given by him or her which is corroborated by the material evidence of another person. (1AD) For the purposes of sections 55A and 55B, a driver is not to be taken to be impaired unless his or her behaviour or appearance is such as to give rise to a reasonable suspicion that he or she is unable to drive properly. (1A) For the purposes of an alleged offence against paragraph (f) or (g) of section 49(1) it must be presumed that the concentration of alcohol indicated by an analysis to be present in the breath of the person charged or found by an analyst to be present in the sample of blood taken from the person charged (as the case requires) was not due solely to the consumption of alcohol after driving or being in charge of a motor vehicle unless the contrary is proved by the person charged on the balance of probabilities by sworn evidence given by him or her which is corroborated by the material evidence of another person. (1B) For the purposes of an alleged offence against paragraph (h) or (i) of section 49(1) it must be presumed that a drug found by an analyst to be present in the sample of blood or oral fluid provided by, or taken from, the person charged was not due solely to the consumption or use of that drug after driving or being in charge of a motor vehicle unless the contrary is proved by the person charged on the balance of probabilities by sworn evidence given by him or her which is corroborated by the material evidence of another person. (2) If a person who is convicted, or found guilty, of an offence against- (a) any one of the paragraphs of section 49(1); or (b) section 56(2) as in force from time to time after the commencement of section 11 of the Road Safety (Drivers) Act 1991; or (c) section 56(7) as in force immediately prior to the commencement of section 11 of the Road Safety (Drivers) Act 1991- (the new offence) has at any time been convicted, or found guilty, of- (d) an offence, other than an accompanying driver offence against the same or any other of those paragraphs or that section; or (e) an offence against any previous enactment corresponding to any of those paragraphs or that section or any corresponding law; or (f) an offence under section 318(1) of the Crimes Act 1958 where the culpable driving is constituted by behaviour referred to in paragraph (c) or (d) of section 318(2) of the Act- (an old offence), the new offence is to be taken to be a subsequent offence for the purposes of this Act and, if relevant for those purposes, also to be a second offence if the person has only ever been convicted, or found guilty, of one old offence. (3) An approval or authority given under or for the purposes of section 55 or 55A(3) by the Chief Commissioner of Police may be revoked at any time in the manner in which it was given and on revocation ceases to have any effect. (4) For the avoidance of doubt it is declared that nothing in this Part requires a person who is in a dwelling to allow a member of the police force or an officer of the Corporation to enter that dwelling without a warrant. Road Safety Act 1986 - SECT 49 Offences involving alcohol or other drugs 49. Offences involving alcohol or other drugs (1) A person is guilty of an offence if he or she- (a) drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle; or (b) drives a motor vehicle or is in charge of a motor vehicle while the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath; or (ba) drives a motor vehicle or is in charge of a motor vehicle while impaired by a drug; or (bb) drives a motor vehicle or is in charge of a motor vehicle while the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in his or her blood or oral fluid; or (c) refuses to undergo a preliminary breath test in accordance with section 53 when required under that section to do so; or (ca) refuses to undergo an assessment of drug impairment in accordance with section 55A when required under that section to do so or refuses to comply with any other requirement made under section 55A(1); or (d) refuses or fails to comply with a request or signal to stop a motor vehicle, and remain stopped, given under section 54(3); or (e) refuses to comply with a requirement made under section 55(1), (2), (2AA), (2A) or (9A); or (ea) refuses to comply with a requirement made under section 55B(1); or (eb) refuses to provide a sample of oral fluid in accordance with section 55D or 55E when required under that section to do so or refuses to comply with any other requirement made under that section; or (f) within 3 hours after driving or being in charge of a motor vehicle furnishes a sample of breath for analysis by a breath analysing instrument under section 55 and- (i) the result of the analysis as recorded or shown by the breath analysing instrument indicates that the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her breath; and (ii) the concentration of alcohol indicated by the analysis to be present in his or her breath was not due solely to the consumption of alcohol after driving or being in charge of the motor vehicle; or (g) has had a sample of blood taken from him or her in accordance with section 55, 55B, 55E or 56 within 3 hours after driving or being in charge of a motor vehicle and- (i) the sample has been analysed within 12 months after it was taken by a properly qualified analyst within the meaning of section 57 and the analyst has found that at the time of analysis the prescribed concentration of alcohol or more than the prescribed concentration of alcohol was present in that sample; and (ii) the concentration of alcohol found by the analyst to be present in that sample was not due solely to the consumption of alcohol after driving or being in charge of the motor vehicle; or (h) within 3 hours after driving or being in charge of a motor vehicle provides a sample of oral fluid in accordance with section 55E and- (i) the sample has been analysed by a properly qualified analyst within the meaning of section 57B and the analyst has found that at the time of analysis a prescribed illicit drug was present in that sample in any concentration; and (ii) the presence of the drug in that sample was not due solely to the consumption or use of that drug after driving or being in charge of the motor vehicle; or (i) has had a sample of blood taken from him or her in accordance with section 55, 55B, 55E or 56 within 3 hours after driving or being in charge of a motor vehicle and- (i) the sample has been analysed by a properly qualified analyst within the meaning of section 57 and the analyst has found that at the time of analysis a prescribed illicit drug was present in that sample in any concentration; and (ii) the presence of the drug in that sample was not due solely to the consumption or use of that drug after driving or being in charge of the motor vehicle. (1A) A person may be convicted or found guilty of an offence under paragraph (c), (ca), (e), (ea) or (eb) of subsection (1) even if- (a) in the case of an offence under paragraph (c), a prescribed device was not presented to the person at the time of the making of the requirement; and (b) in the case of an offence under paragraph (ca)- (i) a requirement to undergo an assessment of drug impairment was not made at a place where such an assessment could have been carried out; and (ii) a member of the police force authorised to carry out an assessment of drug impairment was not present at the place where the requirement was made at the time it was made; and (c) in the case of an offence under paragraph (e)- (i) a breath analysing instrument was not available at the place or vehicle where the requirement was made at the time it was made; and (ii) a person authorised to operate a breath analysing instrument was not present at the place where the requirement was made at the time it was made; and (iii) the person requiring a sample of blood had not nominated a registered medical practitioner or approved health professional to take the sample; and (iv) a registered medical practitioner or approved health professional was not present at the place where the requirement was made at the time it was made; and (d) in the case of an offence under paragraph (ea)- (i) the member of the police force requiring a sample of blood had not nominated a registered medical practitioner or approved health professional to take the sample; and (ii) the member of the police force requiring a sample of urine had not nominated a registered medical practitioner or approved health professional to whom the sample was to be furnished for analysis; and (iii) a registered medical practitioner or approved health professional was not present at the place where the requirement was made at the time it was made; and (e) in the case of an offence under paragraph (eb)- (i) a prescribed device was not presented to the person at the time of the making of the requirement; and (ii) a prescribed device was not available at the place or vehicle where the requirement was made at the time it was made; and (iii) a person authorised to carry out the prescribed procedure for the provision of a sample of oral fluid was not present at the place where the requirement was made at the time it was made; and (iv) the person requiring a sample of blood had not nominated a registered medical practitioner or approved health professional to take the sample; and (v) a registered medical practitioner or approved health professional was not present at the place where the requirement was made at the time it was made. (1B) To avoid doubt, in proceedings for an offence under paragraph (e) of subsection (1) a state of affairs or circumstance referred to in subsection (1A)(c)(i) or (ii) is not a reason of a substantial character for a refusal for the purposes of section 55(9). (1C) To avoid doubt, in proceedings for an offence under paragraph (eb) of subsection (1) a state of affairs or circumstance referred to in subsection (1A)(e)(i), (ii) or (iii) is not a reason of a substantial character for a refusal for the purposes of section 55E(12). (2) A person who is guilty of an offence under paragraph (a) of subsection (1), other than an accompanying driver offence, is liable- (a) in the case of a first offence, to a fine of not more than 25 penalty units or to imprisonment for a term of not more than 3 months; and (b) in the case of a second offence, to a fine of not more than 120 penalty units or to imprisonment for a term of not more than 12 months; and (c) in the case of any other subsequent offence, to a fine of not more than 180 penalty units or to imprisonment for a term of not more than 18 months. (2A) A person who is guilty of an offence under paragraph (b), (f) or (g) of subsection (1), other than an accompanying driver offence, is liable- (a) in the case of a first offence, to a fine of not more than 20 penalty units; and (b) in the case of a second offence- (i) to a fine of not more than 60 penalty units or to imprisonment for a term of not more than 6 months if the concentration of alcohol- (A) in the person's blood was less than 0×15 grams per 100 millilitres of blood; or (B) in the person's breath was less than 0×15 grams per 210 litres of exhaled air- as the case requires; or (ii) to a fine of not more than 120 penalty units or to imprisonment for a term of not more than 12 months if the concentration of alcohol- (A) in the person's blood was 0×15 grams or more per 100 millilitres of blood; or (B) in the person's breath was 0×15 grams or more per 210 litres of exhaled air- as the case requires; and (c) in the case of any other subsequent offence- (i) to a fine of not more than 120 penalty units or imprisonment for a term of not more than 12 months if the concentration of alcohol- (A) in the person's blood was less than 0×15 grams per 100 millilitres of blood; or (B) in the person's breath was less than 0×15 grams per 210 litres of exhaled air- as the case requires; or (ii) to a fine of not more than 180 penalty units or to imprisonment for a term of not more than 18 months if the concentration of alcohol- (A) in the person's blood was 0×15 grams or more per 100 millilitres of blood; or (B) in the person's breath was 0×15 grams or more per 210 litres of exhaled air- as the case requires. (3) A person who is guilty of an offence under paragraph (ba), (c), (ca), (d), (e) or (ea) of subsection (1), other than an accompanying driver offence, is liable- (a) in the case of a first offence, to a fine of not more than 12 penalty units; and (b) in the case of a second offence, to a fine of not more than 120 penalty units or to imprisonment for a term of not more than 12 months; and (c) in the case of any other subsequent offence, to a fine of not more than 180 penalty units or to imprisonment for a term of not more than 18 months. (3AAA) A person who is guilty of an offence under paragraph (bb), (eb), (h) or (i) of subsection (1), other than an accompanying driver offence, is liable- (a) in the case of a first offence, to a fine of not more than 12 penalty units; and (b) in the case of a second offence, to a fine of not more than 60 penalty units; and (c) in the case of any other subsequent offence, to a fine of not more than 120 penalty units. (3AA) A person who is guilty of an accompanying driver offence is liable to a fine of not more than 5 penalty units. (3A) In proceedings for an offence under paragraph (ba) of subsection (1), proof that- (a) the person drove or was in charge of a motor vehicle; and (b) one or more drugs were present in the person's body at the time at which he or she drove or was in charge of the motor vehicle; and (c) the behaviour of the person on an assessment of drug impairment carried out under section 55A was consistent with the behaviour usually associated with a person who has consumed or used that drug or those drugs; and (d) the behaviour usually associated with a person who has consumed or used that drug or those drugs would result in the person being unable to drive properly- is, in the absence of evidence to the contrary but subject to subsections (3B) and (3C), proof that the defendant drove or was in charge of a motor vehicle while impaired by a drug. (3B) If on an analysis carried out in accordance with this Part, no drug other than a permissible non-prescription drug or a prescription drug was found present in the person's body, it is a defence to a charge under paragraph (ba) of subsection (1) for the person charged to prove that- (a) he or she did not know and could not reasonably have known that the permissible non-prescription drug or the prescription drug, or the combination of those drugs, so found would impair driving if consumed or used in accordance with advice given to him or her by a registered medical practitioner, a dentist or a pharmacist in relation to the drug or combination of drugs; and (b) he or she consumed or used that drug or combination of drugs in accordance with that advice. (3C) In subsection (3B), advice means written or oral advice and includes anything written on a label accompanying the drug. (4) It is a defence to a charge under paragraph (f) of subsection (1) for the person charged to prove that the breath analysing instrument used was not on that occasion in proper working order or properly operated. (5) It is a defence to a charge under paragraph (g), (h) or (i) of subsection (1) for the person charged to prove that the result of the analysis was not a correct result. (6) In any proceedings for an offence under paragraph (f) or (g) of subsection (1) evidence as to the effect of the consumption of alcohol on the defendant is admissible for the purpose of rebutting the presumption created by section 48(1A) but is otherwise inadmissible. (6A) In any proceedings for an offence under paragraph (h) or (i) of subsection (1) evidence as to the effect of the consumption or use of a drug on the defendant is admissible for the purpose of rebutting the presumption created by section 48(1B) but is otherwise inadmissible. (7) On convicting a person, or finding a person guilty, of an offence under subsection (1) the court must cause to be entered in the records of the court- (a) in the case of an offence under paragraph (b) of subsection (1), the level of concentration of alcohol found to be present in that person's blood or breath; and (b) in the case of an offence under paragraph (f) of subsection (1), the level of concentration of alcohol found to be recorded or shown by the breath analysing instrument; and (c) in the case of an offence under paragraph (g) of subsection (1), the level of concentration of alcohol found to be present in the sample of blood. (8) If on a prosecution for an offence under paragraph (a) of subsection (1), the court is not satisfied that the defendant is guilty of that offence but is satisfied that the defendant is guilty of an offence under paragraph (ba) of that subsection, the court may find the defendant guilty of an offence under paragraph (ba) and punish the defendant accordingly. (9) If on a prosecution for an offence under paragraph (ba) of subsection (1), the court is not satisfied that the defendant is guilty of that offence but is satisfied that the defendant is guilty of an offence under paragraph (bb) of that subsection, the court may find the defendant guilty of an offence under paragraph (bb) and punish the defendant accordingly. Road Safety Act 1986 - SECT 49A Accredited agencies 49A. Accredited agencies (1) A person or body may apply to the Secretary to the Department of Human Services for- (a) approval for itself for the purposes of sections 50, 50AAB(5) and 50A; (b) approval for a program for the purposes of section 50A. (2) A person or body applying under subsection (1) must pay to the Secretary to the Department of Human Services, as required by the regulations, the fee prescribed in respect of- (a) the making of the application; (b) the processing of the application, including any visits made to the applicant; (c) the granting, renewal or variation of an approval. (3) The Secretary to the Department of Human Services may grant an approval subject to any conditions, limitations or restrictions specified in the approval. (4) The regulations may specify the period during which an approval continues in force. Road Safety Act 1986 - SECT 50 Provisions about cancellation and disqualification 50. Provisions about cancellation and disqualification (1) On convicting a person to whom section 52 applies, or finding such a person guilty, of an offence under section 49(1)(b), (f) or (g) the court may where- (a) the concentration of alcohol- (i) in the blood of that person was less than 0×05 grams per 100 millilitres of blood; or (ii) in the breath of that person was less than 0×05 grams per 210 litres of exhaled air- as the case requires; and (b) the offence is a first offence- if the offender holds a driver licence or permit, cancel that licence or permit and, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such time as the court thinks fit, not being more than 6 months. (1A) Subject to subsection (1AB), on convicting a person, or finding a person guilty, of an offence under section 49(1)(b), (f) or (g) in circumstances in which subsection (1) does not apply, the court must, if the offender holds a driver licence or permit, cancel that licence or permit and, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such time as the court thinks fit, not being less than- (a) in the case of a first offence, the period specified in Column 2 of Schedule 1 ascertained by reference to the concentration of alcohol in the blood or breath of the offender as specified in Column 1 of that Schedule; and (b) in the case of a subsequent offence, the period specified in Column 3 of Schedule 1 ascertained by reference to the concentration of alcohol in the blood or breath of the offender as specified in Column 1 of that Schedule. (1AB) If a court finds a person guilty of an offence under section 49(1)(b), (f) or (g) but does not record a conviction, the court is not required to cancel a driver licence or permit or disqualify the offender from obtaining one in accordance with subsection (1A) if it appears to the court that at the relevant time the concentration of alcohol in the blood or breath of the offender- (a) in the case of a person previously found guilty of an offence against any one of the paragraphs of section 49(1) or any previous enactment corresponding to any of those paragraphs or any corresponding law, was less than 0×05 grams per 100 millilitres of blood or 210 litres of exhaled air (as the case requires); or (b) in any other case, was less than 0×07 grams per 100 millilitres of blood or 210 litres of exhaled air (as the case requires). (1AC) Subsection (1AB)(b) does not apply to a person who, at the time the offence was committed, was under the age of 26 years. (1B) On convicting a person, or finding a person guilty, of an offence under section 49(1)(a), (c), (d) or (e) the court must, if the offender holds a driver licence or permit, cancel that licence or permit and, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such time as the court thinks fit, not being less than- (a) in the case of a first offence, 2 years; and (b) in the case of a subsequent offence, 4 years. (1C) On convicting a person, or finding a person guilty of an offence under section 49(1)(ba), the court must, if the offender holds a driver licence or permit, cancel that licence or permit and, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such period as the court thinks fit, not being less than- (a) in the case of a first offence, 12 months; and (b) in the case of a subsequent offence, 2 years. (1D) On convicting a person, or finding a person guilty of an offence under section 49(1)(ca) or (ea), the court must, if the offender holds a driver licence or permit, cancel that licence or permit and, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such period as the court thinks fit, not being less than- (a) in the case of a first offence, 2 years; and (b) in the case of a subsequent offence, 4 years. (1DA) On convicting a person, or finding a person guilty of an offence under section 49(1)(eb), the court must, if the offender holds a driver licence or permit, cancel that licence or permit and, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such period as the court thinks fit, not being less than- (a) in the case of a first offence, 6 months; and (b) in the case of a subsequent offence, 12 months. (1E) On convicting a person, or finding a person guilty of an offence under section 49(1)(bb), (h) or (i), the court may, if the offender holds a driver licence or permit, cancel that licence or permit and, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such period as the court thinks fit, not being more than- (a) in the case of a first offence, 6 months; and (b) in the case of a subsequent offence, 12 months. (2) Any period of suspension imposed on a person under section 51 must be deducted from the period of disqualification imposed on that person under this section. (3) Except on the order of the Magistrates' Court made on an application under subsection (4), a driver licence or permit must not be issued to a person who has been disqualified from obtaining one under this section or section 89C unless- (a) the offence was under section 49(1)(b), 49(1)(f) or 49(1)(g); and (b) the concentration of alcohol- (i) in the blood of that person was less than 0×07 grams per 100 millilitres of blood; or (ii) in the breath of that person was less than 0×07 grams per 210 litres of exhaled air- as the case requires; and (c) it was that person's first such offence. (4) A person to whom subsection (3) applies may, at the end of the period of disqualification and on giving 28 days written notice of the application and of the venue of the Court at which it is to be made to the Chief Commissioner of Police and the appropriate registrar of the Court, apply to the Magistrates' Court for an order as to the issue of a driver licence or permit. (4A) If a person applies under subsection (4) for an order and the offence in respect of which the person was disqualified was- (a) an offence under section 49(1)(b), (f), or (g) which was- (i) a first offence and the level of concentration of alcohol- (A) in that person's blood was 0×15 grams or more per 100 millilitres of blood; or (B) in that person's breath was 0×15 grams or more per 210 litres of exhaled air- as the case requires; or (ii) a subsequent offence; or (b) an offence under section 49(1)(a), (ba), (c), (ca), (d), (e) or (ea)- the court must have regard to the reports referred to in subsection (4B). Note In some cases, the court is not required to have regard to the report referred to in subsection (4B)(a): see section 50AAA(3AA). (4B) A person who applies for an order under subsection (4) and to whom subsection (4A)(a) or (4A)(b) applies must obtain from an accredited agency- (a) at least 12 months (or, if the offence in respect of which the person was disqualified was an offence under section 49(1)(ba), (ca) or (ea), at least 6 months) before applying for the order, an assessment report about the person's usage of alcohol or drugs, as the case requires; and (b) within 28 days before applying for the order, a licence restoration report. Note In some cases, the person is not required to obtain the report referred to in paragraph (a): see section 50AAA(3AA). (4C) If a person applies under subsection (4) for an order and neither paragraph (a) nor (b) of subsection (4A) applies, the court may request a licence restoration report from an accredited agency. (4D) On an application under subsection (4) the court may, in exceptional circumstances, reduce the period referred to in subsection (4B)(a). (5) On an application under subsection (4) the court may make or refuse to make the order sought, and for the purpose of determining whether or not the order should be made- (a) the court must hear any relevant evidence tendered either by the applicant or by the Chief Commissioner of Police and any evidence of a registered medical practitioner required by the court; and (b) without limiting the generality of its discretion, the court must have regard to- (i) the conduct of the applicant with respect to intoxicating liquor or drugs (as the case may be) during the period of disqualification; and (ii) the applicant's physical and mental condition at the time of the hearing of the application; and (iii) the effect which the making of the order may have on the safety of the applicant or of the public; and (iv) any licence restoration report obtained under subsection (4B)(b) or (4C) and any report obtained under subsection (4B)(a). Note The court may, in making the order sought, be permitted or required to direct the Corporation to impose an alcohol interlock condition on a driver licence or permit granted to the applicant: see section 50AAA. (6) This section does not apply to a person who is convicted or found guilty of an accompanying driver offence. Road Safety Act 1986 - SECT 50AAA Direction to impose alcohol interlock condition 50AAA. Direction to impose alcohol interlock condition (1) This section applies if- (a) a person was disqualified under section 50 from obtaining a driver licence or permit because he or she was convicted or found guilty of an offence under section 49(1)(a) (other than an offence involving only drugs) or under section 49(1)(b), (c), (d), (e), (f) or (g); and (b) the offence was not an accompanying driver offence; and (c) the person makes an application under section 50(4) for an order as to the issue of a driver licence or permit; and (d) the court considers it appropriate to make the order. (1A) If- (a) the offence was a first offence; and (b) the offence was under section 49(1)(b), (f) or (g); and (c) the concentration of alcohol- (i) in the person's blood at the relevant time was 0×07 grams or more per 100 millilitres of blood but less than 0×15 grams per 100 millilitres of blood; or (ii) in the person's breath at the relevant time was 0×07 grams or more per 210 litres of exhaled air but less than 0×15 grams per 210 litres of exhaled air- as the case requires- on making the order, the court may direct the Corporation that it can only grant the person a driver licence or permit that is subject to a condition that the person must only drive a motor vehicle with an approved alcohol interlock installed and maintained by an approved alcohol interlock supplier or a person or body authorised by such a supplier. Note For approved alcohol interlock and approved alcohol interlock supplier, see section 3(1). (2) If- (a) the offence was a first offence; and (b) either- (i) the offence was under section 49(1)(a) (other than an offence involving only drugs) or section 49(1)(c), (d) or (e); or (ii) in the case of an offence under section 49(1)(b), (f) or (g), the concentration of alcohol- (A) in the person's blood at the relevant time was 0×15 grams or more per 100 millilitres of blood; or (B) in the person's breath at the relevant time was 0×15 grams or more per 210 litres of exhaled air- as the case requires- on making the order, the court must direct the Corporation that it can only grant the person a driver licence or permit that is subject to a condition that the person must only drive a motor vehicle with an approved alcohol interlock installed and maintained by an approved alcohol interlock supplier or a person or body authorised by such a supplier. (2A) Despite subsection (1A), if- (a) the offence was a first offence; and (b) either- (i) the offence was under section 49(1)(a) (other than an offence involving only drugs) or section 49(1)(c), (d) or (e); or (ii) in the case of an offence under section 49(1)(b), (f) or (g), the concentration of alcohol- (A) in the person's blood at the relevant time was 0×07 grams or more per 100 millilitres of blood; or (B) in the person's breath at the relevant time was 0×07 grams or more per 210 litres of exhaled air- as the case requires; and (c) at the time of the offence the person was- (i) under the age of 26 years; or (ii) the holder of a probationary driver licence- on making the order, the court must direct the Corporation that it can only grant the person a driver licence or permit that is subject to a condition that the person must only drive a motor vehicle with an approved alcohol interlock installed and maintained by an approved alcohol interlock supplier or a person or body authorised by such a supplier. (3) Subject to subsection (3A), if the offence was not a first offence- * * * * * (b) on making the order, the court must direct the Corporation that it can only grant the person a driver licence or permit that is subject to a condition that the person must only drive a motor vehicle with an approved alcohol interlock installed and maintained by an approved alcohol interlock supplier or a person or body authorised by such a supplier. (3AA) If the offence was an offence referred to in subsection (2), (2A) or (3), then, despite section 50(4A) and (4B), the person is not required to obtain, and the court is not required to have regard to, a report referred to in section 50(4B)(a). (3A) Despite subsection (3) or (3AA), if- (a) the offence was not a first offence; and (b) the person was disqualified under section 50 from obtaining a driver licence or permit on or before the commencement of section 10 of the Road Safety (Alcohol Interlocks) Act 2002- subsection (3AA) has no application to the offence and, on making the order, the court may direct the Corporation that it can only grant the person a driver licence or permit that is subject to a condition that the person must only drive a motor vehicle with an approved alcohol interlock installed and maintained by an approved alcohol interlock supplier or a person or body authorised by such a supplier. (4) For the purposes of this section, in determining whether an offence referred to in subsection (1)(a) was or was not a first offence, any previous conviction or finding of guilt of the person of an offence under section 49(1)(a) (involving only drugs) or of an offence under section 49(1)(ba), (bb), (h) or (i) is to be disregarded, despite section 48(2). Road Safety Act 1986 - SECT 50AAB When an alcohol interlock condition can be removed 50AAB. When an alcohol interlock condition can be removed (1) If the court gives a direction under section 50AAA(1A), 50AAA(2), 50AAA(2A), 50AAA(3)(b) or 50AAA(3A), it must specify in the direction a period during which the person concerned cannot apply to the court for the removal of an alcohol interlock condition imposed on his or her driver licence or permit. (2) If the direction is given under section 50AAA(1A), 50AAA(2) or 50AAA(2A), the specified period must be at least 6 months after the condition is imposed. (3) If the direction is given under section 50AAA(3)(b) or 50AAA(3A), the specified period must be- (a) at least 12 months after the condition is imposed in the case of a second offence under section 49(1)(b), (f) or (g) where the concentration of alcohol- (i) in the person's blood at the relevant time was less than 0×15 grams per 100 millilitres of blood; or (ii) in the person's breath at the relevant time was less than 0×15 grams per 210 litres of exhaled air- as the case requires; or (b) in any other case, at least 4 years after the condition is imposed. (4) The Corporation must not remove an alcohol interlock condition imposed on a person's driver licence or permit unless the court orders, on the application of the person made at the end of the specified period and on giving 28 days written notice of the application and of the venue of the Court at which it is to be made to the Chief Commissioner of Police, that the condition be removed. (5) Within 28 days before applying for the removal of an alcohol interlock condition imposed on a person's driver licence or permit, the person must obtain from an accredited agency a report that- (a) covers all of the period, but at least 6 months, since an approved alcohol interlock was installed by an approved alcohol interlock supplier, or a person or body authorised by such a supplier, in a motor vehicle driven by the person during that period; and (b) includes- (i) an assessment by each approved alcohol interlock supplier who maintained or authorised a person or body to maintain the approved alcohol interlock during that period on the extent to which the person complied with the manufacturer's instructions for using the approved alcohol interlock; and (ii) an assessment of the person's use of alcohol during that period; and (iii) the last licence restoration report obtained by the person. (6) In determining whether to make an order to remove an alcohol interlock condition imposed on a person's driver licence or permit- (a) the court must hear any relevant evidence tendered by either the person or the Chief Commissioner of Police and any evidence of a registered medical practitioner required by the court; and (b) the court, without limiting the generality of its discretion, must have regard to- (i) the person's use of alcohol in the period since the condition was imposed; and (ii) the person's physical and mental condition at the time of the hearing of the application; and (iii) the effect that the making of the order may have on the safety of the person or the public; and (iv) any report obtained under subsection (5). Road Safety Act 1986 - SECT 50AAC Appeals against direction or period specified in direction 50AAC. Appeals against direction or period specified in direction (1) If the court gives a direction under section 50AAA(1A), 50AAA(2), 50AAA(2A), 50AAA(3)(b) or 50AAA(3A), the person in respect of whom the direction is given may appeal to the County Court under section 83 of the Magistrates' Court Act 1989 against- (a) in the case of a direction under section 50AAA(1A)- (i) the giving of the direction; or (ii) the period specified in the direction during which the person cannot apply for the removal of an alcohol interlock condition if that period is more than 6 months; or (ab) in the case of a direction under section 50AAA(2) or 50AAA(2A)-the period specified in the direction during which the person cannot apply for the removal of an alcohol interlock condition if that period is more than 6 months; or (b) in the case of a direction under section 50AAA(3)(b)-the period specified in the direction during which the person cannot apply for the removal of an alcohol interlock condition if that period is more than the minimum period set out in section 50AAB(3)(a) or (b) (whichever applies); or (c) in the case of a direction under section 50AAA(3A)- (i) the giving of the direction; or (ii) the period specified in the direction during which the person cannot apply for the removal of an alcohol interlock condition if that period is more than the minimum period set out in section 50AAB(3)(a) or (b) (whichever applies)- as if the direction were a sentencing order of a kind referred to in section 83 of the Magistrates' Court Act 1989. (2) That Act applies with respect to the appeal with any necessary modifications. Road Safety Act 1986 - SECT 50AAD Offences and immobilisation orders 50AAD. Offences and immobilisation orders (1) A person whose driver licence or permit is subject to an alcohol interlock condition is guilty of an offence if- (a) the person breaches that condition; or (b) the person drives a motor vehicle with an approved alcohol interlock in accordance with that condition but the motor vehicle has been started- (i) with the approved alcohol interlock disengaged; or (ii) in a way that does not comply with the manufacturer's instructions for the use of the approved alcohol interlock; or (iii) in a way other than by the person blowing directly into the appropriate part of the approved alcohol interlock. Note Sections 50AAH and 50AAI may affect whether a person has breached the condition. (2) A person who is guilty of an offence against subsection (1) is liable to a fine of not more than 30 penalty units or to imprisonment for a term of not more than 4 months. (3) If- (a) a person breaches an alcohol interlock condition by driving a motor vehicle with a type of alcohol interlock- (i) the approval of which is cancelled under section 50AAH; or (ii) that is installed or maintained by a person or body whose approval as an alcohol interlock supplier is cancelled under section 50AAI; or (iii) that is installed or maintained by a person or body who would be authorised by an approved alcohol interlock supplier except that the supplier's approval is cancelled under section 50AAI; and (b) the person is charged with an offence against subsection (1)(a) in respect of that breach- it is a defence if the person proves that he or she reasonably believed at the time of the breach that the type of alcohol interlock was an approved alcohol interlock, or the person or body was an approved alcohol interlock supplier or authorised by such a supplier, as the case may be. (4) A court finding a person guilty, or convicting a person, of an offence against subsection (1)(b) may, if the court considers it appropriate to do so, order that the motor vehicle concerned be immobilised (whether by wheel clamps or any other means) for a period specified in the order of up to 12 months. (5) An order under subsection (4) may be made subject to specified conditions. (6) The court may make an order under subsection (4) whether the motor vehicle is owned by the offender or another person. (7) If the court considers that another person, who is not present at the hearing concerning the making of an order under subsection (4), may be substantially affected by such an order, the court must issue a summons to that other person to show cause why the order should not be made. (8) On the return of the summons, the court may, after hearing the evidence brought before it, make or refuse to make the order. Road Safety Act 1986 - SECT 50AAE Approval of types of alcohol interlocks and alcohol interlock suppliers 50AAE. Approval of types of alcohol interlocks and alcohol interlock suppliers (1) A person or body may apply to the Corporation for- (a) approval of a type of alcohol interlock; or (b) approval as an alcohol interlock supplier- for the purposes of this Act. (2) An application must be made in the manner and form determined in writing by the Corporation and must be accompanied by- (a) the prescribed application fee (if any); and (b) any other things that are prescribed. (3) The Corporation may approve, in writing, a type of alcohol interlock if it is satisfied that- (a) the person or body applying for the approval has a right to sell or lease the type of alcohol interlock; and (b) the type of alcohol interlock is suitable to be approved for the purposes of this Act having regard to- (i) its effectiveness in preventing a motor vehicle from being started if it detects more than a certain concentration of alcohol; and (ii) the extent to which it is resistant to tampering; and (iii) its capacity to record information about its use; and (iv) any other matter the Corporation considers relevant. (4) In considering whether to approve a type of alcohol interlock, the Corporation must apply the guidelines for the approval of types of alcohol interlocks made by the Corporation under section 50AAG. (5) The Corporation may approve, in writing, a person or body as an alcohol interlock supplier if it considers it appropriate to do so having regard to- (a) whether- (i) the person or body; and (ii) the employees or agents (if any) of the person or body who install or maintain approved alcohol interlocks- are fit and proper persons to install and maintain approved alcohol interlocks; and (b) the relevant qualifications and experience of the person or body and of those employees and agents (if any) of the person or body; and (c) the arrangements and standards put in place by the person or body for- (i) installing approved alcohol interlocks; and (ii) maintaining approved alcohol interlocks including regular inspections, re-calibration and the recording of information about its use; and (d) the arrangements put in place by the person or body for installing and maintaining approved alcohol interlocks in rural areas; and (e) the adequacy for the purposes of this Act of- (i) the premises, equipment and resources of the person or body; and (ii) the record-keeping and reporting arrangements of the person or body; and (iii) the arrangements of the person or body for handling complaints; and (f) the ability of the person or body to comply, and record its compliance, with the guidelines for the installation or maintenance of approved alcohol interlocks made by the Corporation under section 50AAG; and (g) the terms and conditions on which the person or body supplies, or intends to supply, approved alcohol interlocks to customers, or a particular class of customer, including the cost of the approved alcohol interlock, its installation and regular maintenance; and (h) any other matter the Corporation considers relevant. (6) The Corporation must not approve a person or body as an alcohol interlock supplier unless it is satisfied that the person or body will provide concessions to assist with the cost of installation and regular maintenance of an approved alcohol interlock to- (a) classes of persons specified by the regulations for the purposes of this subsection; or (b) if the regulations do not specify classes of persons for the purposes of this subsection, persons who hold a health care card (within the meaning of the Social Security Act 1991 of the Commonwealth). (7) In considering whether to approve a person or body as an alcohol interlock supplier, the Corporation must apply the guidelines for the approval of persons or bodies as alcohol interlock suppliers made by the Corporation under section 50AAG. (8) If the Corporation refuses to give an approval under subsection (3) or (5), it must give written notice of the refusal and the reasons for it to the person or body who applied for the approval. (9) Subject to sections 50AAH and 50AAI, an approval under this section remains in force for the period specified by the Corporation when the approval is given. Road Safety Act 1986 - SECT 50AAF Conditions on approvals 50AAF. Conditions on approvals (1) An approval under section 50AAE may be given subject to specified conditions. (2) The Corporation must specify in the approval of an alcohol interlock supplier that it is a condition of the approval that the supplier must- (a) comply with the guidelines (if any) under sections 50AAG(1)(b)(ii) and (c); and (b) ensure that each of the following persons or bodies comply with those guidelines- (i) the supplier's employees and agents (if any) who install or maintain approved alcohol interlocks; and (ii) the persons or bodies (if any) authorised by the supplier to install or maintain approved alcohol interlocks. (3) The Corporation may at any time- (a) vary or revoke a condition on an approval; or (b) impose a new condition on an approval- by giving written notice to the person or body concerned, allowing the person or body at least 10 working days to make written representations about the proposed action. Road Safety Act 1986 - SECT 50AAG Guidelines 50AAG. Guidelines (1) The Corporation may make guidelines for any of the following matters- (a) the approval of types of alcohol interlocks, including the way in which the Corporation has regard to the matters in section 50AAE(3)(b); (b) the approval of persons or bodies as alcohol interlock suppliers, including- (i) the way in which the Corporation has regard to the matters in section 50AAE(5); and (ii) the type of concessions that must be provided for the purposes of section 50AAE(6); (c) the installation or maintenance of approved alcohol interlocks, including the terms and conditions on which approved alcohol interlocks are supplied to customers or a particular class of customer. (2) The guidelines- (a) must be in writing and be published in the Government Gazette; and (b) must be laid before each House of Parliament within 6 sitting days of that House after the guidelines are published in the Government Gazette; and (c) may apply, adopt or incorporate any matter contained in another document, whether as- (i) amended by the guidelines; or (ii) contained in that document at a particular time or from time to time. Road Safety Act 1986 - SECT 50AAH Cancellation of approval of types of alcohol interlocks 50AAH. Cancellation of approval of types of alcohol interlocks (1) The Corporation may cancel the approval of a type of alcohol interlock under section 50AAE if the Corporation is satisfied that it is appropriate to do so because- (a) the type of alcohol interlock is defective to the extent that it is no longer suitable to be approved for the purposes of this Act (whether because the information it records about its use is misleading or for any other reason); or (b) since the type of alcohol interlock was approved, the Corporation has approved one or more other types of alcohol interlocks that the Corporation considers are more suitable to be approved for the purposes of this Act. (2) If the Corporation cancels the approval of a type of alcohol interlock under subsection (1)(a), the Corporation- (a) must ensure that a notice is published in the Government Gazette, and a newspaper circulating generally throughout Victoria, stating that the approval of the type of alcohol interlock is cancelled with effect from a specified day (which must be after both of those notices are published); and (b) must send a notice to each approved alcohol interlock supplier stating that the approval of the type of alcohol interlock is cancelled with effect from that specified day; and (c) may send a notice to a person whose driver licence or permit is subject to an alcohol interlock condition, at the latest address the person has notified to the Corporation, stating that the person breaches the condition if he or she drives a motor vehicle with that type of alcohol interlock after the day specified in the notice (which must be at least one month after the notice is sent). (3) If the Corporation cancels the approval of a type of alcohol interlock under subsection (1)(a), a person whose driver licence or permit is subject to an alcohol interlock condition breaches the condition if he or she drives a motor vehicle with that alcohol interlock after the later of the following- (a) the day specified in the notice published under subsection (2)(a); (b) if the person is sent a notice under subsection (2)(c), the day specified in that notice. (4) If the Corporation cancels the approval of a type of alcohol interlock under subsection (1)(b)- (a) the Corporation must send a notice to each approved alcohol interlock supplier stating that the approval is cancelled with effect from a specified day; and (b) an alcohol interlock of that type that was installed in a motor vehicle before the specified day is taken to continue to be approved, despite the cancellation, for the purposes of this Act and the Sentencing Act 1991. (5) In subsections (2)(c) and (3), alcohol interlock condition includes an alcohol interlock condition imposed in accordance with a direction under section 89A of the Sentencing Act 1991. Note Under section 50AAD(3), a person who breaches an alcohol interlock condition because the approval of a type of alcohol interlock has been cancelled has a defence if the person proves that he or she reasonably believed that the type of alcohol interlock was approved. Road Safety Act 1986 - SECT 50AAI Cancellation of approval of alcohol interlock supplier 50AAI. Cancellation of approval of alcohol interlock supplier (1) The Corporation may, by giving written notice to an approved alcohol interlock supplier, cancel the supplier's approval under section 50AAE if the Corporation is satisfied that it is appropriate to do so because the supplier- (a) has failed to comply with one or more conditions of the approval; or (b) is no longer supplying, installing or maintaining alcohol interlocks. (2) If the Corporation cancels the approval of an alcohol interlock supplier, the Corporation- (a) must ensure that a notice is published in the Government Gazette, and a newspaper circulating generally throughout Victoria, stating that the approval of the alcohol interlock supplier is cancelled with effect from a specified day (which must be after both of those notices are published); and (b) may send a notice to a person whose driver licence or permit is subject to an alcohol interlock condition, at the latest address that the person has notified to the Corporation, stating that the person breaches the condition if- (i) the supplier, or a person or body authorised by the supplier, installs or maintains an approved alcohol interlock in a motor vehicle; and (ii) the person drives the motor vehicle with that approved alcohol interlock- after the day specified in the notice (which must be at least one month after the notice is sent). (3) If the Corporation cancels the approval of an alcohol interlock supplier, a person whose driver licence or permit is subject to an alcohol interlock condition breaches the condition if- (a) the supplier, or a person or body authorised by the supplier, installs or maintains an approved alcohol interlock in a motor vehicle after the later of the following- (i) the day specified in the notice published under subsection (2)(a); or (ii) if the person is sent a notice under subsection (2)(b), the day specified in the notice; and (b) the person drives the motor vehicle with that approved alcohol interlock after the later of those days. (4) In subsections (2)(b) and (3), alcohol interlock condition includes an alcohol interlock condition imposed in accordance with a direction under section 89A of the Sentencing Act 1991. Note Under section 50AAD(3), a person who breaches an alcohol interlock condition because the approval of an alcohol interlock supplier has been cancelled has a defence if the person proves that he or she reasonably believed that the supplier was approved. Road Safety Act 1986 - SECT 50AAJ Review by Tribunal 50AAJ. Review by Tribunal (1) A person or body whose interests are affected by a decision of the Corporation- (a) under section 50AAE to refuse to give an approval; or (b) under section 50AAH or 50AAI to cancel an approval- may apply for review of the decision to the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998. (2) An application for review must be made within 28 days after the later of- (a) the day on which the decision is made; or (b) if notice of the decision is published under section 50AAH(2)(a) or 50AAI(2)(a) in both the Government Gazette and a newspaper, the day on which the later notice is published; or (c) if notice of the decision is given or sent to the person or body under section 50AAE(7), 50AAH(2), 50AAH(4), 50AAI(1) or 50AAI(2), the day on which the notice is given or sent to the person or body; or (d) if the person or body requests a statement of reasons for the decision under the Victorian Civil and Administrative Tribunal Act 1998, the day on which- (i) the statement is given to the person or body; or (ii) the person or body is informed under section 46(5) of that Act that the statement will not be given. Road Safety Act 1986 - SECT 50AAK Offence for person to assist with contravention of alcohol interlock condition 50AAK. Offence for person to assist with contravention of alcohol interlock condition (1) A person must not, without reasonable excuse, by-pass or disengage an approved alcohol interlock installed in a motor vehicle being, or to be, driven by another person (a relevant person) if the relevant person's driver licence or permit is subject to an alcohol interlock condition. Penalty: 25 penalty units. (2) A person does not commit an offence under subsection (1) if the person in the course of servicing or repairing the vehicle in which the interlock is installed- (a) for the purpose of so servicing or repairing the vehicle, by-passes or disengages the alcohol interlock in accordance with the supplier's instructions; and (b) removes the by-pass or re-engages the interlock- (i) at any time when the person is aware that the relevant person intends to drive the vehicle; and (ii) on completion of the work done by the person in servicing or repairing the vehicle; and (iii) at any time when the vehicle is taken to another person for servicing or repair work. (3) A person must not, without reasonable excuse, blow into an approved alcohol interlock, or procure a person to blow into an approved alcohol interlock, installed in a motor vehicle for the purpose of enabling another person (the other person) to drive the motor vehicle if the other person's driver licence or permit is subject to an alcohol interlock condition. Penalty: 10 penalty units. (4) For the purposes of subsections (1) and (3), the accused has the burden of proving reasonable excuse. Road Safety Act 1986 - SECT 50AA Previous convictions4 50AA. Previous convictions4 In determining for the purpose of a provision specified in column 1 of the following table whether an offence (in this section referred to as the relevant offence) is a first offence, any other offence in respect of which a conviction was recorded or a finding of guilt was made 10 years or more before the event specified in relation to that provision in column 2 is to be disregarded if not to do so would make the relevant offence a subsequent offence for the purpose of that provision. TABLE Column 1 Column 2 Sections 50(1), (1A), (1AB), (1B), (1C), (1D), (1DA) and (1E) and 51(1) The commission of the relevant offence Sections 50(3) and 50A(1) The making of the application for the driver licence or permit Section 50(4A)(a) The making of the application under section 50(4) Section 50AAA(1A), (2), (2A) and (3) The making of an application under section 50(4) Section 50AAB(3) The making of an application under section 50(4) Road Safety Act 1986 - SECT 50A Driver education programs 50A. Driver education programs (1) The Corporation must not issue a driver licence or permit to a person whose driver licence or permit is cancelled, or who is disqualified from obtaining a driver licence or permit, on conviction, or on being found guilty, of an offence under section 49(1)(b), (f) or (g) and who, at the time of the offence, was under 25 years old unless it is satisfied that the person has, if the offence is a first offence and the level of concentration of alcohol in that person's blood or breath (as the case requires) was less than 0×15 grams per 100 millilitres of blood or 210 litres of exhaled air (as the case requires), completed an accredited driver education program. (1A) The Corporation must not issue a driver licence or permit to a person whose driver licence or permit is cancelled, or who is disqualified from obtaining a driver licence or permit, on conviction, or on being found guilty, of an offence under section 49(1)(ba), (bb), (ca), (ea), (h) or (i) and who, at the time of the offence, was under 25 years old unless it is satisfied that the person has, if the offence is a first offence, completed an accredited driver education program. (2) The Corporation must cancel the driver licence or permit of a person who was convicted, or found guilty, of an offence under section 49(1)(b), (bb), (f), (g), (h) or (i) and whose driver licence or permit was not cancelled on the conviction or finding of guilt, unless it is satisfied that the person has completed an accredited driver education program within 3 months after being required by the Corporation by notice in writing to do so. (3) If a person is charged with an offence under section 49(1), and on the hearing the court releases the person on him or her giving an undertaking under section 75(1) of the Sentencing Act 1991, the court must attach to the undertaking a condition that the person completes an accredited driver education program. (4) The Corporation may in its discretion exempt any person from the requirement to complete an accredited driver education program. Road Safety Act 1986 - SECT 51 Immediate suspension of driver licence or permit in certain circumstances 51. Immediate suspension of driver licence or permit in certain circumstances (1) If a person is charged by a member of the police force or an officer of the Corporation with- (a) an offence under paragraph (b), (f) or (g) of section 49(1) where it is alleged that the concentration of alcohol in the person's blood or breath (as the case requires) was- (i) if the person holds a full driver licence- (A) 0·10 grams or more per 100 millilitres of blood; or (B) 0·10 grams or more per 210 litres of exhaled air; or (ii) if the person holds a learner permit or probationary driver licence- (A) 0×07 grams or more per 100 millilitres of blood; or (B) 0×07 grams or more per 210 litres of exhaled air; or (b) an offence under paragraph (c), (d) or (e) of section 49(1); or (c) an offence that would be a subsequent offence within the meaning of section 48(2) if the person were convicted- any member of the police force or, if the accused had been driving or in charge of a commercial motor vehicle, any officer of the Corporation may, at any time after the making of the charge until the charge has been determined, give to the accused a notice containing the prescribed particulars informing the accused that his or her driver licence or permit is immediately suspended until the charge has been determined and requiring the accused to surrender immediately to the person who gave the notice the licence document or permit document. (1A) If a person is charged by a member of the police force with an offence under paragraph (ba), (ca) or (ea) of section 49(1), any member of the police force may, at any time after the making of the charge until the charge has been determined, give to the accused a notice containing the prescribed particulars informing the accused that his or her driver licence or permit is immediately suspended until the charge has been determined and requiring the accused to surrender immediately to the person who gave the notice the licence document or permit document. (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 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) 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 breath or blood as indicated by the analysis of the person's breath or blood sample; and (c) that concentration is- (i) if the person holds a full driver licence-0·10 grams or more per 210 litres of exhaled air or 100 millilitres of blood (as the case requires); or (ii) if the person holds a learner permit or probationary driver licence-0×07 grams or more per 210 litres of exhaled air or 100 millilitres of blood (as the case requires); 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 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 prescribed concentration of alcohol. (1C) A notice under subsection (1B) may be given at any time within 12 months after the certificate is issued and must specify the period of suspension in accordance with subsection (3). (2) For the purposes of this section a person is charged with an offence when a copy of the charge that is signed by the member of the police force or the officer of the Corporation is given to the person. (3) Immediately on the giving of a notice under subsection (1), (1A) or (1B) the person's driver licence or permit is suspended- (a) if the notice is given under subsection (1) or (1A), until the charge has been determined by a court; or (b) subject to subsection (3A), if the notice is given under subsection (1B), until the lesser of- (i) 12 months after the notice is given; or (ii) the period, after the notice is given, set out in Column 2 of Schedule 1 that corresponds to the breath or blood alcohol concentration in Column 1 of that Schedule that is stated in the certificate. (3A) If- (a) a person's driver licence or permit is suspended in accordance with a notice under subsection (1B); and (b) less than 28 days before the end of the period of suspension, a traffic infringement notice is issued against the person in respect of the alleged offence- the period of suspension under subsection (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 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 suspended in accordance with a notice under subsection (1B); and (b) 28 days or more before the end of the period of suspension, a traffic infringement notice is issued against the person in respect of the alleged offence- the period of suspension under subsection (3)(b) is not affected by the person giving a notice of objection to the traffic infringement 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). (3C) If- (a) subsection (3A) or (3B) applies to a person; and (b) the person does not give a notice of objection to the traffic infringement 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 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 the suspension (as extended, if applicable, by subsection (3A)). (3D) If a person who is given a notice under subsection (1B) is charged with the alleged offence during the period of suspension (as extended, if applicable, by subsection (3A)), from the time the charge is laid the notice is taken to be instead a notice under subsection (1) or (1A) (whichever is applicable). Note The period of suspension therefore continues until the charge is determined by a court (see subsection (3)(a)). (4) A person who gives a notice under subsection (1), (1A) or (1B) must cause a copy of that notice to be sent immediately to the Corporation. (5) A person who, without just cause or excuse, refuses or fails to surrender a document as required by a notice under subsection (1), (1A) or (1B) is guilty of an offence. Penalty: 5 penalty units. (6) The accused has the burden of proving just cause or excuse. (7) A licence or permit suspended under this section is, during the suspension, of no effect and a person whose licence or permit is so suspended is, during the suspension, disqualified from obtaining a further licence or permit. (8) A person must not while he or she is disqualified from obtaining a licence or permit apply for or obtain a licence or permit. Penalty: 5 penalty units. (9) A licence or permit so obtained is of no effect. (9A) The Chief Commissioner of Police may cancel a notice under subsection (1), (1A) or (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. (10) A person to whom a notice is given under subsection (1), (1A) or (1B) may appeal against that notice to the Magistrates' Court. (10A) A person who appeals under subsection (10) must give 14 days' written notice of the appeal (including particulars of the alleged exceptional circumstances) to the Chief Commissioner of Police and a registrar of the Magistrates' Court. (10B) In determining the appeal the court must hear any relevant evidence tendered either by the applicant or by the Chief Commissioner of Police and any evidence of a registered medical practitioner required by the court. (11) On an appeal under subsection (10) the court may make an order- (a) confirming the notice; or (b) cancelling the notice. (12) The Magistrates' Court must not make an order under subsection (11) cancelling a notice unless it is satisfied that exceptional circumstances exist which justify the making of such an order. (12A) If a person whose driver licence or permit is suspended in accordance with a notice under subsection (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 making the order. (13) Every order of the Magistrates' Court under subsection (11) is final and conclusive and must be given effect to by the Corporation. (14) If on the subsequent hearing of the charge the accused's driver licence or permit is cancelled and the accused is disqualified from obtaining one for a specified time, the court must take into account in fixing the period of disqualification the period of suspension under this section. Road Safety Act 1986 - SECT 52 Zero blood or breath alcohol 52. Zero blood or breath alcohol (1) This section applies to any person who is driving or in charge of a motor vehicle without holding a full driver licence which authorises the holder to drive such a motor vehicle, but does not apply to a person who- (a) is not the holder of a full driver licence merely because he or she has failed to renew his or her licence; or (b) is- (i) the holder of a licence to drive such a motor vehicle, which is issued under- (A) an Act of another State or a Territory of the Commonwealth that corresponds with this Act; or (B) a law of another country- and which is not a provisional licence or a licence which is on probation; and (ii) exempted under the regulations from the requirement to hold a driver licence or permit. (1A) This section also applies to a person who is the holder of a full driver licence which authorises him or her to drive a large vehicle, while that person is driving or in charge of a large vehicle. (1B) This section also applies, during the period of 3 years (or any longer period during which an alcohol interlock condition as defined in section 3(1) of this Act or section 87P(1) of the Sentencing Act 1991, as the case requires, applies to the licence) from the first issue of a licence on that order, to a person who is driving or in charge of a motor vehicle while holding a full driver licence which authorises the holder to drive such a motor vehicle issued only because of the order of the Magistrates' Court made on an application under section 50(4) of this Act or section 89(2) of the Sentencing Act 19915. (1C) This section also applies to a person who is the holder of a full driver licence which authorises him or her to drive a taxi-cab, while that person is driving or in charge of a taxi-cab. (1D) This section also applies to a person who for financial gain, or in the course of any trade or business, is teaching a person, who does not hold a driver licence, to drive on a highway a motor vehicle of a kind described in section 33(3) while that person is in charge of the motor vehicle being used for teaching purposes by virtue of section 3AA(1)(c). (1E) Subject to subsections (1F) and (1G), 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 cycle, whether or not the holder also holds a driver licence which authorises him or her to drive another kind of motor vehicle. (1F) If the Corporation is satisfied that a person has appropriate licensed motor cycle driving experience (wherever obtained), it may- (a) waive the application to the person of subsection (1E); or (b) specify a shorter period than 1 year for the purposes of that subsection. (1G) If a driver licence referred to in subsection (1E) is suspended (whether by a court or the Corporation) during the period of 1 year referred to in that subsection (or the shorter period applying under subsection (1F)), the period applying to the person for the purposes of subsection (1E) is extended by a period equal to the period of the suspension. (2) The prescribed concentration of alcohol in the case of a person to whom this section applies is any concentration of alcohol present in the blood or breath of that person. * * * * * Road Safety Act 1986 - SECT 53 Preliminary breath tests 53. Preliminary breath tests (1) A member of the police force may at any time require- (a) any person he or she finds driving a motor vehicle or in charge of a motor vehicle; or (b) the driver of a motor vehicle that has been required to stop, and remain stopped at a preliminary testing station under section 54(3); or (c) any person who he or she believes on reasonable grounds has within the last 3 preceding hours driven or been in charge of a motor vehicle when it was involved in an accident; or (d) any person who he or she believes on reasonable grounds was, within the last 3 preceding hours, an occupant of a motor vehicle when it was involved in an accident, if it has not been established to the satisfaction of the member of the police force which of the occupants was driving or in charge of the motor vehicle when it was involved in the accident- to undergo a preliminary breath test by a prescribed device. (2) An officer of the Corporation or of the Department of Infrastructure who is authorised in writing by the Corporation or the Secretary of the Department of Infrastructure, as the case requires, for the purposes of this section may at any time require any person he or she finds driving a commercial motor vehicle or in charge of a commercial motor vehicle to undergo a preliminary breath test by a prescribed device. (3) A person required to undergo a preliminary breath test must do so by exhaling continuously into the device to the satisfaction of the member of the police force or the officer of the Corporation or of the Department of Infrastructure. (4) A person is not obliged to undergo a preliminary breath test if more than 3 hours have passed since the person last drove, was an occupant of or was in charge of a motor vehicle. Road Safety Act 1986 - SECT 54 Preliminary testing stations 54. Preliminary testing stations (1) A member of the police force may set up a preliminary testing station on or in the vicinity of any highway. (2) A preliminary testing station- (a) consists of such facilities as are necessary to enable the making of preliminary breath tests or preliminary oral fluid tests; and (b) must be identified by suitable signs, lights or other devices. (3) A member of the police force who is on duty and wearing uniform at a preliminary testing station may request or signal any person driving a motor vehicle to stop the motor vehicle and remain stopped until a member of the police force on duty at the station indicates that the driver may proceed. (4) Members of the police force who are on duty at a preliminary testing station must ensure that no person is detained there any longer than is necessary. Road Safety Act 1986 - SECT 55 Breath analysis 55. Breath analysis (1) If a person undergoes a preliminary breath test when required by a member of the police force or an officer of the Corporation or of the Department of Infrastructure under section 53 to do so and- (a) the test in the opinion of the member or officer in whose presence it is made indicates that the person's breath contains alcohol; or (b) the person, in the opinion of the member or officer, refuses or fails to carry out the test in the manner specified in section 53(3)- any member of the police force or, if the requirement for the preliminary breath test was made by an officer of the Corporation or of the Department of Infrastructure, any member of the police force or any officer of the Corporation or of the Department of Infrastructure may require the person to furnish a sample of breath for analysis by a breath analysing instrument and for that purpose may further require the person to accompany a member of the police force or an officer of the Corporation or of the Department of Infrastructure authorised in writing by the Corporation or the Secretary of the Department of Infrastructure, as the case requires, for the purposes of section 53 to a place or vehicle where the sample of breath is to be furnished and to remain there until the person has furnished the sample of breath and any further sample required to be furnished under subsection (2A) and been given the certificate referred to in subsection (4) or until 3 hours after the driving, being an occupant of or being in charge of the motor vehicle, whichever is sooner. 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 breath. (2) A member of the police force may require any person whom that member reasonably believes to have offended against section 49(1)(a) or (b) to furnish a sample of breath for analysis by a breath analysing instrument (instead of undergoing a preliminary breath test in accordance with section 53) and for that purpose may further require the person to accompany a member of the police force to a place or vehicle where the sample of breath is to be furnished and to remain there until the person has furnished the sample of breath and any further sample required to be furnished under subsection (2A) and been given the certificate referred to in subsection (4) or until 3 hours after the driving, being an occupant of or being in charge of the motor vehicle, whichever is sooner. 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 breath. (2AA) A member of the police force may require any person who is required to undergo a drug assessment under section 55A to furnish a sample of breath for analysis by a breath analysing instrument and may, for that purpose, require the person to remain at the place at which the person is required to remain for the purposes of the drug assessment until- (a) the person has furnished the sample of breath and any further sample required to be furnished under subsection (2A) and been given the certificate referred to in subsection (4) and the drug assessment has been carried out; or (b) 3 hours after the driving, being an occupant of or being in charge of the motor vehicle- whichever is the sooner. (2A) The person who required a sample of breath under subsection (1), (2) or (2AA) may require the person who furnished it to furnish one or more further samples if it appears to him or her that the breath analysing instrument is incapable of measuring the concentration of alcohol present in the sample, or each of the samples, previously furnished in grams per 210 litres of exhaled air because the amount of sample furnished was insufficient or because of a power failure or malfunctioning of the instrument or for any other reason whatsoever. (3) A breath analysing instrument must be operated by a person authorised to do so by the Chief Commissioner of Police. (4) As soon as practicable after a sample of a person's breath is analysed by means of a breath analysing instrument the person operating the instrument must sign and give to the person whose breath has been analysed a certificate containing the prescribed particulars produced by the breath analysing instrument of the concentration of alcohol indicated by the analysis to be present in his or her breath. * * * * * (5) A person who furnishes a sample of breath under this section must do so by exhaling continuously into the instrument to the satisfaction of the person operating it. (6) A person is not obliged to furnish a sample of breath under this section if more than 3 hours have passed since the person last drove, was an occupant of or was in charge of a motor vehicle. * * * * * (9) A person must not be convicted or found guilty of refusing to furnish under this section a sample of breath for analysis if he or she satisfies the court that there was some reason of a substantial character for the refusal, other than a desire to avoid providing information which might be used against him or her. (9A) The person who required a sample of breath under subsection (1), (2), (2AA) or (2A) from a person may require that person to allow a registered6 medical practitioner or an approved health professional nominated by the person requiring the sample to take from him or her a sample of that person's blood for analysis if it appears to him or her that- (a) that person is unable to furnish the required sample of breath on medical grounds or because of some physical disability; or (b) the breath analysing instrument is incapable of measuring in grams per 210 litres of exhaled air the concentration of alcohol present in any sample of breath furnished by that person for any reason whatsoever- and for that purpose may further require that person to accompany a member of the police force to a place where the sample is to be taken and to remain there until the sample has been taken or until 3 hours after the driving, being an occupant of or being in charge of the motor vehicle, whichever is sooner. (9B) The registered7 medical practitioner or approved health professional who takes a sample of blood under subsection (9A) must deliver a part of the sample to the person who required it to be taken and another part to the person from whom it was taken. (9C) A person who allows the taking of a sample of his or her blood in accordance with subsection (9A) must not be convicted or found guilty of refusing to furnish under this section a sample of breath for analysis. (9D) A person must not hinder or obstruct a registered8 medical practitioner or an approved health professional attempting to take a sample of the blood of any other person in accordance with subsection (9A). Penalty applying to this subsection: 12 penalty units. (9E) No action lies against a registered9 medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood which the practitioner or approved health professional believed on reasonable grounds was allowed to be taken under subsection (9A). (10) A person who is required under this section to furnish a sample of breath for analysis may, immediately after being given the certificate referred to in subsection (4), request the person making the requirement to arrange for the taking in the presence of a member of the police force of a sample of that person's blood for analysis at that person's own expense by a registered medical practitioner or an approved health professional nominated by the member of the police force. (11) A part of a sample of blood taken under subsection (10) must be delivered to the person who required the sample of breath under this section. (12) Nothing in subsection (10) relieves a person from any penalty under section 49(1)(e) for refusing to furnish a sample of breath. (13) Evidence derived from a sample of breath furnished in accordance with a requirement made under this section is not rendered inadmissible by a failure to comply with a request under subsection (10) if reasonable efforts were made to comply with the request. (14) If the question whether a breath analysing instrument was incapable of measuring in grams per 210 litres of exhaled air the concentration of alcohol present in any sample of breath furnished by a person is relevant on a hearing for an offence against section 49(1) then, without affecting the admissibility of any evidence which might be given apart from the provisions of this subsection, a document- (a) purporting to be a print-out produced by that instrument in respect of that sample; and (b) purporting to be signed by the person who operated the instrument- is admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. Road Safety Act 1986 - SECT 55A Drug assessment 55A. Drug assessment (1) A member of the police force may at any time require- (a) any person he or she finds driving a motor vehicle or in charge of a motor vehicle; or (b) the driver of a motor vehicle that has been required to stop at a preliminary testing station under section 54(3); or (c) any person who he or she believes on reasonable grounds has within the last 3 preceding hours driven or been in charge of a motor vehicle when it was involved in an accident; or (d) any person who he or she believes on reasonable grounds was, within the last 3 preceding hours, an occupant of a motor vehicle when it was involved in an accident, if it has not been established to the satisfaction of the member of the police force which of the occupants was driving or in charge of the motor vehicle when it was involved in the accident; or (e) any person whom he or she has required under section 53 to undergo a preliminary breath test; or (f) any person required under section 55 to furnish a sample of breath or from whom a sample of blood was required to be taken under section 55(9A)- to undergo an assessment of drug impairment if, in the opinion of the member, that person's behaviour or appearance indicates that he or she may be impaired for a reason other than alcohol alone and for that purpose may further require the person to accompany a member of the police force to a place where the assessment is to be carried out and to remain there until the assessment has been carried out or until 3 hours after the driving, being an occupant of or being in charge of the motor vehicle, whichever is sooner. (2) A person is not obliged to undergo an assessment of drug impairment if more than 3 hours have passed since the person last drove, was an occupant of or was in charge of a motor vehicle. (3) An assessment of drug impairment must be carried out by a member of the police force authorised to do so by the Chief Commissioner of Police. (4) An assessment of drug impairment must be carried out in accordance with the procedure specified in a notice under subsection (5). (5) The Corporation may, by notice published in the Government Gazette, specify the procedure to be followed in assessing drug impairment. (6) The carrying out of an assessment of drug impairment must be video-recorded unless the prosecution satisfies the court that a video-recording has not been made because of exceptional circumstances. (7) If the person on whom an assessment of drug impairment was carried out is subsequently charged with an offence under paragraph (ba) of section 49(1), a copy of the video-recording, if any, must be served with the summons or, if a summons is not issued, within 7 days after the making of the charge. (8) Subject to subsection (9), the video-recording of the carrying out of an assessment of drug impairment on a person is only admissible in a proceeding against that person for an offence against this Act for the purpose of establishing that the assessment of drug impairment was carried out in accordance with the procedure specified in a notice under subsection (5). (9) Evidence obtained as a result of an assessment of drug impairment carried out on a person is inadmissible as part of the prosecution case in proceedings against that person for any offence if the video-recording of the assessment and any related material and information should have been but has not been destroyed as required by section 55C. (10) In any proceeding under this Act- (a) the statement of any member of the police force that on a particular date he or she was authorised by the Chief Commissioner of Police under subsection (3) to carry out an assessment of drug impairment; or (b) a certificate purporting to be signed by the Chief Commissioner of Police that a member of the police force named in it is authorised by the Chief Commissioner under subsection (3) to carry out an assessment of drug impairment- is admissible in evidence and, in the absence of evidence to the contrary, is proof of the authority of that member. Road Safety Act 1986 - SECT 55B Blood and urine samples 55B. Blood and urine samples (1) If a person undergoes an assessment of drug impairment when required under section 55A to do so and the assessment, in the opinion of the member of the police force carrying it out, indicates that the person may be impaired by a drug or drugs, any member of the police force may require the person to do either or both of the following- (a) allow a registered medical practitioner or an approved health professional nominated by that member to take from the person a sample of that person's blood for analysis; (b) furnish to a registered medical practitioner or an approved health professional nominated by that member a sample of that person's urine for analysis- and for that purpose may further require the person to accompany a member of the police force to a place where the sample is to be taken or furnished and to remain there until the sample has been taken or furnished or until 3 hours after the driving, being an occupant of or being in charge of the motor vehicle, whichever is sooner. (1A) A member of the police force must not require a person to allow a sample of his or her blood to be taken for analysis under subsection (1)(a) if that person has already had a sample of blood taken from him or her under section 55 after the driving, being an occupant of or being in charge of the motor vehicle. (2) The registered medical practitioner or approved health professional who takes a sample of blood or is furnished with a sample of urine under this section must deliver a part of the sample to the member of the police force who required it to be taken or furnished and another part to the person from whom it was taken or by whom it was furnished. (3) A person must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood, or be furnished with a sample of the urine, of any other person in accordance with this section. Penalty: 12 penalty units. (4) No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood, or being furnished with any sample of urine, which the practitioner or approved health professional believed on reasonable grounds was required to be taken from, or be furnished by, any person under this section. (5) If the person on whom an assessment of drug impairment was carried out is subsequently charged with an offence under paragraph (ba) of section 49(1), a copy of a written report on that assessment prepared by the member of the police force who carried it out and containing the prescribed particulars must be served with the summons or, if a summons is not issued, within 7 days after the making of the charge. Road Safety Act 1986 - SECT 55C Destruction of identifying information 55C. Destruction of identifying information (1) In this section, relevant offence means- (a) an offence under section 49(1)(ba) or (ea); or (b) any other offence arising out of the same circumstances; or (c) any other offence in respect of which the evidence obtained as a result of the assessment of drug impairment has probative value. (2) If an assessment of drug impairment has been carried out on a person under section 55A and- (a) the person has not been charged with a relevant offence at the end of the period of 12 months after the assessment; or (b) the person has been so charged but the charge is not proceeded with or the person is not found guilty of the offence, whether on appeal or otherwise, before the end of that period- the Chief Commissioner of Police must, subject to subsection (4), destroy, or cause to be destroyed, at the time specified in subsection (3) any video-recording made of the assessment and any related material and information. (3) A video-recording and any related material and information referred to in subsection (2) must be destroyed- (a) in a case to which subsection (2)(a) applies, immediately after that period of 12 months; or (b) in a case to which subsection (2)(b) applies- (i) within 1 month after the conclusion of the proceeding and the end of any appeal period; or (ii) if the proceeding has been adjourned under section 75 of the Sentencing Act 1991, within 1 month after dismissal under that section. (4) A member of the police force may, before the end of a period referred to in subsection (3)(b), apply without notice to the Magistrates' Court for an order extending that period and, if the Court makes such an order, the reference to the period in subsection (3) is a reference to that period as so extended. (5) If the Magistrates' Court makes an order under subsection (4), it must give reasons for its decision and cause a copy of the order to be served on the person on whom the assessment of drug impairment was carried out. (6) If a video-recording or related material and information is required to be destroyed in accordance with this section, the Chief Commissioner of Police must, if the person on whom the assessment was carried out so requests, within 14 days after receiving the request, notify that person in writing whether the destruction has occurred. (7) A person who knowingly- (a) fails to destroy; or (b) uses, or causes or permits to be used- a video-recording or related material and information required by this section to be destroyed is guilty of an offence punishable by a fine of not more than 120 penalty units or to imprisonment for a term of not more than 12 months. (8) A person who at any time uses, or causes or permits to be used, or otherwise disseminates information derived from any video-recording or related material and information required by this section to be destroyed except in good faith for the purposes of a relevant offence is guilty of an offence punishable by a fine of not more than 120 penalty units or to imprisonment for a term of not more than 12 months. Road Safety Act 1986 - SECT 55D Preliminary oral fluid tests 55D. Preliminary oral fluid tests (1) A member of the police force may at any time require- (a) any person he or she finds driving a motor vehicle or in charge of a motor vehicle; or (b) the driver of a motor vehicle that has been required to stop at a preliminary testing station under section 54(3); or (c) any person who he or she believes on reasonable grounds has within the last 3 preceding hours driven or been in charge of a motor vehicle when it was involved in an accident; or (d) any person who he or she believes on reasonable grounds was, within the last 3 preceding hours, an occupant of a motor vehicle when it was involved in an accident, if it has not been established to the satisfaction of the member of the police force which of the occupants was driving or in charge of the motor vehicle when it was involved in the accident- to undergo a preliminary oral fluid test by a prescribed device and, for that purpose, may further require the person, if inside a motor vehicle, to leave the motor vehicle for the purpose of undergoing the test. (2) An officer of the Corporation or of the Department of Infrastructure who is authorised in writing by the Corporation or the Secretary, as the case requires, for the purposes of this section may at any time require any person he or she finds driving a commercial motor vehicle or in charge of a commercial motor vehicle to undergo a preliminary oral fluid test by a prescribed device and, for that purpose, may further require the person, if inside a motor vehicle, to leave the motor vehicle for the purpose of undergoing the test. (3) A preliminary oral fluid test must be carried out in accordance with the prescribed procedure. (4) The Corporation or the Secretary may only authorise an officer for the purposes of this section if satisfied that the officer has the appropriate training to carry out a preliminary oral fluid test in accordance with the prescribed procedure. (5) A prescribed device may be comprised of a collection unit and a testing unit and one or more other parts. (6) A person required to undergo a preliminary oral fluid test must do so by placing the prescribed device, or the collection unit of the device, into his or her mouth and carrying out the physical actions that are necessary to ensure that, in the opinion of the person who, under this section, is requiring the test to be undergone, a sufficient sample of oral fluid has been captured by the device or unit. (6A) A person who, under this section, is requiring another person to undergo a preliminary oral fluid test may give any reasonable direction as to the physical actions that are necessary for the person to undergo the test. (7) Without limiting section 54(3), a person required to undergo a preliminary oral fluid test is required to remain at the place at which the test is being carried out until the sample of oral fluid provided has been tested by a prescribed device. (8) A person is not obliged to undergo a preliminary oral fluid test if more than 3 hours have passed since the person last drove, was an occupant of or was in charge of a motor vehicle. Road Safety Act 1986 - SECT 55E Oral fluid testing and analysis 55E. Oral fluid testing and analysis (1) In this section- authorised officer means a member of the police force or an officer of the Corporation or of the Department of Infrastructure authorised in writing under subsection (6) by the Chief Commissioner of Police, the Corporation or the Secretary, as the case requires, for the purposes of this section; enforcement officer means an officer of the Corporation or of the Department of Infrastructure authorised under section 55D(2) for the purposes of section 55D. (2) If a person undergoes a preliminary oral fluid test when required to do so under section 55D by a member of the police force or an enforcement officer and- (a) the test, in the opinion of the member or enforcement officer in whose presence it is made, indicates that the person's oral fluid contains a prescribed illicit drug; or (b) the person, in the opinion of the member or enforcement officer, refuses or fails to carry out the test in the manner specified in section 55D(6)- any member of the police force or, if the requirement for the preliminary oral fluid test was made by an enforcement officer, any member of the police force or any enforcement officer may require the person to provide a sample of oral fluid for testing by a prescribed device and, if necessary, analysis by a properly qualified analyst within the meaning of section 57B and for that purpose may further require the person to accompany any member of the police force or, if the requirement for the preliminary oral fluid test was made by an enforcement officer, any member of the police force or any enforcement officer to a place or vehicle where the sample is to be provided and to remain there until- (c) the person has provided the sample and any further sample required to be provided under subsection (5), the sample has been tested by a prescribed device and the person has been given (if necessary) a part of the sample under subsection (11) and complied with any requirement made of him or her under section 59; or (d) 3 hours after the driving, being an occupant of or being in charge of the motor vehicle- whichever is the sooner. Example A person may be required to go to a police station, a public building, a booze bus or a police car to provide a sample of oral fluid under this section. (3) A member of the police force may require any person who is required to undergo an assessment of drug impairment under section 55A or to furnish a sample of breath for analysis by a breath analysing instrument under section 55 to provide a sample of oral fluid for testing by a prescribed device and, if necessary, analysis by a properly qualified analyst within the meaning of section 57B and may, for that purpose, require the person to remain at the place at which the person is required to remain for the purposes of the assessment or furnishing the sample of breath until- (a) the person has provided the sample of oral fluid and any further sample required to be provided under subsection (5), the sample has been tested by a prescribed device and the person has been given (if necessary) a part of the sample under subsection (11) and complied with any requirement made of him or her under section 59 and the assessment has been carried out or the sample of breath has been furnished (as the case requires); or (b) 3 hours after the driving, being an occupant of or being in charge of the motor vehicle- whichever is the sooner. (4) The provision of a sample of oral fluid under this section must be carried out in accordance with the prescribed procedure. (5) The person who required a sample of oral fluid to be provided under subsection (2) or (3) may require the person who provided it to provide one or more further samples if it appears to him or her that the prescribed device is incapable of testing for the presence in the sample, or each of the samples, previously provided of a prescribed illicit drug because the amount of sample provided was insufficient or because of a power failure or malfunctioning of the device or for any other reason whatsoever. (6) Only a member of the police force or an officer of the Corporation or of the Department of Infrastructure authorised in writing by the Chief Commissioner of Police, the Corporation or the Secretary, as the case requires, for the purposes of this section may carry out the procedure for the provision of a sample of oral fluid under this section. (7) The Chief Commissioner of Police may only authorise a member of the police force, and the Corporation or the Secretary may only authorise an enforcement officer, for the purposes of this section if satisfied that the member or officer (as the case requires) has the appropriate training to carry out the prescribed procedure for the provision of a sample of oral fluid under this section. (8) A prescribed device may be comprised of a collection unit and a testing unit and one or more other parts. (9) A person required to provide a sample of oral fluid under this section must do so by placing the prescribed device, or the collection unit of the device, into his or her mouth and carrying out the physical actions that are necessary to ensure that, in the opinion of the authorised officer, a sufficient sample of oral fluid has been captured by the device or unit. (9A) An authorised officer who, under this section, is requiring another person to provide a sample of oral fluid may give any reasonable direction as to the physical actions that are necessary for the person to provide the sample. (10) A person is not obliged to provide a sample of oral fluid under this section if more than 3 hours have passed since the person last drove, was an occupant of or was in charge of a motor vehicle. (11) If a test by a prescribed device of a sample of oral fluid provided under this section indicates, in the opinion of the authorised officer who carried out the procedure in the course of which the sample was provided, that the person's oral fluid contains a prescribed illicit drug, the authorised officer must deliver a part of the sample to the member of the police force or the enforcement officer who required the sample to be provided and another part to the person by whom the sample was provided. (12) A person must not be convicted or found guilty of refusing to provide a sample of oral fluid in accordance with this section if he or she satisfies the court that there was some reason of a substantial character for the refusal, other than a desire to avoid providing information which might be used against him or her. (13) The person who required a sample of oral fluid to be provided under subsection (2) or (3) may require that person to allow a registered medical practitioner or an approved health professional nominated by the person who required the sample to take from him or her a sample of that person's blood for analysis if it appears to him or her that- (a) that person is unable to furnish the required sample of oral fluid on medical grounds or because of some physical disability or condition; or (b) the prescribed device is incapable of testing for the presence in the sample of a prescribed illicit drug for any reason whatsoever- and for that purpose may further require that person to accompany a member of the police force to a place where the sample of blood is to be taken and to remain there until the sample has been taken or until 3 hours after the driving, being an occupant of or being in charge of the motor vehicle, whichever is the sooner. (14) The registered medical practitioner or approved health professional who takes a sample of blood under subsection (13) must deliver a part of the sample to the person who required it to be taken and another part to the person from whom it was taken. (15) A person who allows the taking of a sample of his or her blood in accordance with subsection (13) must not be convicted or found guilty of refusing to provide a sample of oral fluid in accordance with this section. (16) A person must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood of any other person in accordance with subsection (13). Penalty: Penalty applying to this subsection: 12 penalty units. (17) No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood which the practitioner or approved health professional believed on reasonable grounds was allowed to be taken under subsection (13). (18) A person who is required under this section to provide a sample of oral fluid may, immediately after being given a part of the sample under subsection (11), request the person making the requirement to arrange for the taking in the presence of any member of the police force (or, if the requirement for the provision of the sample was made by an enforcement officer, any member of the police force or any enforcement officer) of a sample of that person's blood for analysis at that person's own expense by a registered medical practitioner or an approved health professional nominated by the member of the police force or the enforcement officer in whose presence the sample is taken. (19) A part of a sample of blood taken under subsection (18) must be delivered to the person who required the oral fluid sample to be provided under this section. (20) Nothing in subsection (18) relieves a person from any penalty under section 49(1)(eb) for refusing to provide a sample of oral fluid. (21) Evidence derived from a sample of oral fluid provided in accordance with a requirement made under this section is not rendered inadmissible by a failure to comply with a request under subsection (18) if reasonable efforts were made to comply with the request. (22) In any proceeding under this Act- (a) the statement of any officer of the Corporation or of the Department of Infrastructure that on a particular date he or she was authorised under section 55D(2) for the purposes of section 55D; or (b) a certificate purporting to be issued by the Corporation or signed by the Secretary, as the case requires, certifying that a particular officer of the Corporation or of the Department of Infrastructure named in it is authorised under section 55D(2) for the purposes of section 55D; or (c) the statement of any member of the police force or officer of the Corporation or of the Department of Infrastructure that on a particular date he or she was authorised under subsection (6) for the purposes of this section; or (d) a certificate purporting to be signed by the Chief Commissioner of Police, issued by the Corporation or signed by the Secretary, as the case requires, certifying that a particular member of the police force or officer of the Corporation or of the Department of Infrastructure named in it is authorised under subsection (6) for the purposes of this section- is admissible in evidence and, in the absence of evidence to the contrary, is proof of the authority of that officer or member. Road Safety Act 1986 - SECT 56 Blood samples to be taken in certain cases 56. Blood samples to be taken in certain cases (1) In this section- * * * * * doctor means a registered medical practitioner and includes a police surgeon. (2) If a person of or over the age of 15 years enters or is brought to a place for examination or treatment in consequence of an accident (whether within Victoria or not) involving a motor vehicle, the person must allow a doctor or approved health professional to take from that person at that place a sample of that person's blood for analysis. Penalty: For a first offence, 12 penalty units; For a second offence, 120 penalty units or imprisonment for 12 months; For any other subsequent offence, 180 penalty units or imprisonment for 18 months. (3) On convicting a person, or finding a person guilty, of an offence under subsection (2) the court must, if the offender holds a driver licence or permit, cancel that licence or permit and, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for the time that the court thinks fit, being not less than- (a) for a first offence, 2 years; and (b) for a subsequent offence, 4 years. (4) Subsection (2) does not apply if- (a) in the opinion of the doctor or approved health professional first responsible for the examination or treatment of the person the taking of a blood sample from that person would be prejudicial to his or her proper care and treatment; or (b) a member of the police force has notified the doctor or approved health professional first responsible for the examination or treatment of the person, in writing, that the person has undergone a preliminary breath test which did not indicate that the prescribed concentration of alcohol was exceeded; or (c) a member of the police force or a member of an ambulance service has notified the doctor or approved health professional first responsible for the examination or treatment of the person, in writing, that the person was an occupant of and was not driving or in charge of any vehicle involved in the accident; or (d) a member of the police force or a doctor or approved health professional has notified the doctor or approved health professional first responsible for the examination or treatment of the person, in writing, that a sample of the person's blood was taken by a doctor or approved health professional before the person entered or was brought to the place for examination or treatment. (5) A person to whom subsection (2) applies and who is unconscious or otherwise unable to communicate must be taken to allow the taking of a sample of his or her blood by a doctor or approved health professional at a place which he or she enters or to which he or she is brought for examination or treatment. (6) If a sample of a person's blood is taken in accordance with this section, evidence of the taking of it, the analysis of it or the results of the analysis must not be used in evidence in any legal proceedings except- (a) for the purposes of section 57; or (b) for the purposes of the Transport Accident Act 1986- but may be given- (c) to the Transport Accident Commission under the Transport Accident Act 1986 and, for the purposes of applications relating to that Act, to the Victorian Civil and Administrative Tribunal; and (d) to the Corporation for the purposes of accident research. (7) A person must not hinder or obstruct a doctor or approved health professional attempting to take a sample of the blood of any other person in accordance with this section. Penalty: 12 penalty units. (8) No action lies against a doctor or approved health professional in respect of anything properly and necessarily done by the doctor or approved health professional in the course of taking any sample of blood which the doctor or approved health professional believes on reasonable grounds was required or allowed to be taken from any person under this section. (9) A blood sample that is, after 9 December 1987, taken from a person by a doctor or approved health professional who honestly and reasonably believes that he or she is required to take the sample, whether or not the person consents to the taking, is deemed to have been taken by the doctor or approved health professional who was first responsible for the examination or treatment of that person. Road Safety Act 1986 - SECT 57 Evidentiary provisions-blood tests 57. Evidentiary provisions-blood tests (1) In this section- (a) properly qualified analyst means- (i) an approved analyst; or (ii) a person who is considered by the presiding judge, a coroner, or the Magistrates' Court to have scientific qualifications, training and experience that qualifies him or her to carry out the analysis and to express an opinion as to the facts and matters contained in a certificate under subsection (4) or (4A), as the case requires; and (ab) properly qualified expert means- (i) an approved expert; or (ii) a person who is considered by the court hearing the charge for the offence to have scientific qualifications, training and experience that qualifies him or her to express an opinion as to the facts and matters contained in a certificate under subsection (4B); and (b) approved analyst means a person who has been approved by Order of the Governor in Council published in the Government Gazette as a properly qualified analyst for the purposes of this section; and (c) approved expert means a person who has been approved by Order of the Governor in Council published in the Government Gazette as a properly qualified expert for the purposes of this section. (2) If the question whether any person was or was not at any time under the influence of intoxicating liquor or any other drug or if the question as to the presence of alcohol or any other drug or the concentration of alcohol in the blood of any person at any time or if a finding on the analysis of a blood sample is relevant- (a) on a trial for murder or manslaughter or for negligently causing serious injury arising out of the driving of a motor vehicle; or (ab) on a trial or hearing for an offence against Subdivision (4) of Division 1 of Part I of the Crimes Act 1958 arising out of the driving of a motor vehicle; or (b) on a trial or hearing for an offence against section 318(1) or 319(1) of the Crimes Act 1958; or (c) on a hearing for an offence against section 49(1) of this Act; or (d) in any proceedings conducted by a coroner- then, without affecting the admissibility of any evidence which might be given apart from the provisions of this section, evidence may be given of the taking, after that person drove or was in charge of a motor vehicle, of a sample of blood from that person by a registered medical practitioner or an approved health professional, of the analysis of that sample of blood by a properly qualified analyst within twelve months after it was taken, of the presence of alcohol or any other drug and, if alcohol is present, of the concentration of alcohol expressed in grams per 100 millilitres of blood found by that analyst to be present in that sample of blood at the time of analysis and, if a drug is present, evidence may be given by a properly qualified expert of the usual effect of that drug on behaviour when consumed or used (including its effect on a person's ability to drive properly). (3) A certificate containing the prescribed particulars purporting to be signed by a registered medical practitioner or an approved health professional is admissible in evidence in any proceedings referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (4) A certificate containing the prescribed particulars purporting to be signed by an approved analyst as to the concentration of alcohol expressed in grams per 100 millilitres of blood found in any sample of blood analysed by the analyst is admissible in evidence in any proceedings referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (4A) A certificate containing the prescribed particulars purporting to be signed by an approved analyst as to the presence in any sample of blood analysed by the analyst of a substance that is, or is capable of being, a drug for the purposes of this Act is admissible in evidence in any proceedings referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (4B) A certificate containing the prescribed particulars purporting to be signed by an approved expert as to the usual effect of a specified substance or substances on behaviour when consumed or used (including its effect on a person's ability to drive properly) is admissible in evidence in any proceedings referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (5) A certificate given under this section must not be tendered in evidence at a trial or hearing referred to in subsection (2)(a), (ab), (b) or (c) without the consent of the accused unless a copy of the certificate is proved to have been served on the accused more than 10 days before the day on which the certificate is tendered in evidence. (5A) A copy of a certificate given under this section may be served on the accused by- (a) delivering it to the accused personally; or (b) leaving it for the accused at his or her last or most usual place of residence or of business with a person who apparently resides or works there and who apparently is not less than 16 years of age. (6) An affidavit or statutory declaration by a person who has served a copy of the certificate on the accused is admissible in evidence at a trial or hearing referred to in subsection (2)(a), (ab), (b) or (c) and, as to the service of the copy, is proof, in the absence of evidence to the contrary, of the facts and matters deposed to in the affidavit or stated in the statutory declaration. (7) An accused who has been served with a copy of a certificate given under this section may, with the leave of the court and not otherwise, require the person who has given the certificate or any other person employed, or engaged to provide services at, the place at which the sample of blood was taken to attend at all subsequent proceedings for cross-examination and that person must attend accordingly. (7A) The court must not grant leave under subsection (7) unless it is satisfied- (a) that the informant has been given at least 7 day's notice of the hearing of the application for leave and has been given an opportunity to make a submission to the court; and (b) that- (i) there is a reasonable possibility that the blood referred to in a certificate given by an analyst under subsection (4) was not that of the accused; or (ii) there is a reasonable possibility that the blood referred to in a certificate given by a registered medical practitioner or an approved health professional had become contaminated in such a way that the blood alcohol concentration found on analysis was higher than it would have been had the blood not been contaminated in that way; or (iia) there is a reasonable possibility that the blood referred to in a certificate given by a registered medical practitioner or an approved health professional had become contaminated in such a way that a drug found on analysis would not have been found had the blood not been contaminated in that way; or (iii) there is a reasonable possibility that the sample was not taken in accordance with the Code of Practice for Taking Blood Samples from Road Accident Victims; or (iiia) there is a reasonable possibility that the sample was not taken within 3 hours after the person who provided the sample drove or was in charge of the vehicle; or (iv) for some other reason the giving of evidence by the person who gave the certificate would materially assist the court to ascertain relevant facts. (7B) An accused who has been served with a copy of a certificate given under this section may not require the person who has given the certificate or any other person employed, or engaged to provide services at, the place at which the sample of blood was taken, to attend the court on the hearing of an application for leave under subsection (7). (8) If a registered medical practitioner or an approved health professional is requested to make an examination or to collect a sample of blood for the purposes of this section and if the person to be examined or from whom a sample of blood is to be collected has expressed consent to that examination or collection, no action lies against the registered medical practitioner or approved health professional who acts in accordance with that consent even if it subsequently appears that the person was in fact incapable by reason of his or her mental condition from effectively giving consent to the examination or collection. (9) Except as provided in sections 55(9A), 55B, 55E(13) and 56, a blood sample must not be taken and evidence of the result of an analysis of a blood sample must not be tendered unless the person from whom the blood has been collected has expressed consent to the collection of the blood and the onus of proving that expression of consent is on the prosecution. (9A) Without limiting section 56(6), evidence of a kind permitted to be given by subsection (2) in legal proceedings of a kind referred to in subsection (2)(a), (ab), (b), (c) or (d) is inadmissible as evidence in any other legal proceedings except proceedings for the purposes of the Accident Compensation Act 1985 or the Transport Accident Act 1986. (10) The mere failure or refusal of a person to express consent must not be used in evidence against that person or referred to in any way against that person's interests in any proceedings. (11) A certificate purporting to be signed by a person- (a) who took a blood sample; or (b) who analysed a blood sample- in accordance with provisions of an Act of another State or a Territory that substantially corresponds to section 56 of this Act and in accordance with any regulations made under the corresponding Act is admissible in evidence in any proceeding referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (12) Subsections (5), (5A), (6), and (7) apply in respect of a certificate referred to in subsection (11) as if the certificate was given under this section. Road Safety Act 1986 - SECT 57A Evidentiary provisions-urine tests 57A. Evidentiary provisions-urine tests (1) In this section- approved analyst means a person who has been approved by Order of the Governor in Council published in the Government Gazette as a properly qualified analyst for the purposes of this section; approved expert means a person who has been approved by Order of the Governor in Council published in the Government Gazette as a properly qualified expert for the purposes of this section; prescribed legal proceeding means- (a) a trial for murder or manslaughter or for negligently causing serious injury arising out of the driving of a motor vehicle; or (b) a trial or hearing for an offence against Subdivision (4) of Division 1 of Part I of the Crimes Act 1958 arising out of the driving of a motor vehicle; or (c) a trial or hearing for an offence against section 318(1) or 319(1) of the Crimes Act 1958; or (d) a hearing for an offence against section 49(1) of this Act; or (e) any proceedings conducted by a coroner; properly qualified analyst means- (a) an approved analyst; or (b) a person who is considered by the court hearing the charge for the offence to have scientific qualifications, training and experience that qualifies him or her to carry out the analysis and to express an opinion as to the facts and matters contained in a certificate under subsection (4); properly qualified expert means- (a) an approved expert; or (b) a person who is considered by the court hearing the charge for the offence to have scientific qualifications, training and experience that qualifies him or her to express an opinion as to the facts and matters contained in a certificate under subsection (5). (2) If a question as to the presence of a drug in the body of a person at any time is relevant in a prescribed legal proceeding then, without affecting the admissibility of any evidence which might be given apart from the provisions of this section, evidence may be given- (a) of the furnishing by that person, after that person drove or was in charge of a motor vehicle, of a sample of urine to a registered medical practitioner or an approved health professional; (b) of the analysis of that sample of urine by a properly qualified analyst within twelve months after it was taken; (c) of the presence of a drug in that sample of urine at the time of analysis; (d) by a properly qualified expert of the usual effect of that drug on behaviour when consumed or used (including its effect on a person's ability to drive properly). (3) A certificate containing the prescribed particulars purporting to be signed by a registered medical practitioner or an approved health professional is admissible in evidence in any hearing referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (4) A certificate containing the prescribed particulars purporting to be signed by an approved analyst as to the presence in any sample of urine analysed by the analyst of a substance that is, or is capable of being, a drug for the purposes of this Act is admissible in evidence in any hearing referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (5) A certificate containing the prescribed particulars purporting to be signed by an approved expert as to the usual effect of a specified substance or substances on behaviour when consumed or used (including its effect on a person's ability to drive properly) is admissible in evidence in any hearing referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (6) A certificate given under this section must not be tendered in evidence at a hearing referred to in subsection (2) without the consent of the accused unless a copy of the certificate is proved to have been served on the accused more than 10 days before the day on which the certificate is tendered in evidence. (6A) A copy of a certificate given under this section may be served on the accused by- (a) delivering it to the accused personally; or (b) leaving it for the accused at his or her last or most usual place of residence or of business with a person who apparently resides or works there and who apparently is not less than 16 years of age. (7) An affidavit or statutory declaration by a person who has served a copy of the certificate on the accused is admissible in evidence at a hearing referred to in subsection (2) and, as to the service of the copy, is proof, in the absence of evidence to the contrary, of the facts and matters deposed to in the affidavit or stated in the statutory declaration. (8) An accused who has been served with a copy of a certificate given under this section may, with the leave of the court and not otherwise, require the person who has given the certificate or any person employed, or engaged to provide services at, the place at which the sample of urine was furnished, to attend at all subsequent proceedings for cross-examination and that person must attend accordingly. (9) The court must not grant leave under subsection (8) unless it is satisfied- (a) that the informant has been given at least 7 days' notice of the hearing of the application for leave and has been given an opportunity to make a submission to the court; and (b) that- (i) there is a reasonable possibility that the urine referred to in a certificate given by an analyst under subsection (4) was not that of the accused; or (ii) there is a reasonable possibility that the urine referred to in a certificate given by a registered medical practitioner or an approved health professional had become contaminated in such a way that a drug found on analysis would not have been found had the urine not been contaminated in that way; or (iia) there is a reasonable possibility that the sample was not taken within 3 hours after the person who provided the sample drove or was in charge of the vehicle; or (iii) for some other reason the giving of evidence by the person who gave the certificate would materially assist the court to ascertain relevant facts. (10) An accused who has been served with a copy of a certificate given under this section may not require the person who has given the certificate or any person employed, or engaged to provide services at, the place at which the sample of urine was furnished, to attend the court on the hearing of an application for leave under subsection (8). (11) Evidence of a kind permitted to be given by subsection (2) in a prescribed legal proceeding is inadmissible as evidence in any other legal proceedings. Road Safety Act 1986 - SECT 57B Evidentiary provisions-oral fluid tests 57B. Evidentiary provisions-oral fluid tests (1) In this section- approved analyst means a person who has been approved by Order of the Governor in Council published in the Government Gazette as a properly qualified analyst for the purposes of this section; properly qualified analyst means- (a) an approved analyst; or (b) a person who is considered by the court hearing the charge for the offence to have scientific qualifications, training and experience that qualifies him or her to carry out the analysis and to express an opinion as to the facts and matters contained in a certificate under subsection (4). (2) If a question as to the presence of a prescribed illicit drug in the body of a person at any time is relevant- (a) on a trial for murder or manslaughter or for negligently causing serious injury arising out of the driving of a motor vehicle; or (b) on a trial or hearing for an offence against Subdivision (4) of Division 1 of Part I of the Crimes Act 1958 arising out of the driving of a motor vehicle; or (c) on a trial or hearing for an offence against section 318(1) or 319(1) of the Crimes Act 1958; or (d) on a hearing for an offence against section 49(1) of this Act; or (e) in any proceedings conducted by a coroner- then, without affecting the admissibility of any evidence which might be given apart from the provisions of this section, evidence may be given- (f) of the providing by that person, after that person drove or was in charge of a motor vehicle, of a sample of oral fluid under section 55E; (g) of the analysis of that sample of oral fluid by a properly qualified analyst within twelve months after it was taken; (h) of the presence of a prescribed illicit drug in that sample of oral fluid at the time of analysis. (3) A certificate containing the prescribed particulars purporting to be signed by the person who carried out the procedure in the course of which the sample of oral fluid was provided is admissible in evidence in any hearing referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (4) A certificate containing the prescribed particulars purporting to be signed by an approved analyst as to the presence in any sample of oral fluid analysed by the analyst of a substance that is a prescribed illicit drug is admissible in evidence in any hearing referred to in subsection (2) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (5) A certificate given under this section must not be tendered in evidence at a hearing referred to in subsection (2) without the consent of the accused unless a copy of the certificate is proved to have been served on the accused more than 10 days before the day on which the certificate is tendered in evidence. (6) A copy of a certificate given under this section may be served on the accused by- (a) delivering it to the accused personally; or (b) leaving it for the accused at his or her last or most usual place of residence or of business with a person who apparently resides or works there and who apparently is not less than 16 years of age. (7) An affidavit or statutory declaration by a person who has served a copy of the certificate on the accused is admissible in evidence at a hearing referred to in subsection (2) and, as to the service of the copy, is proof, in the absence of evidence to the contrary, of the facts and matters deposed to in the affidavit or stated in the statutory declaration. (8) An accused who has been served with a copy of a certificate given under this section may, with the leave of the court and not otherwise, require the person who has given the certificate or any person employed, or engaged to provide services at, the place at which the sample of oral fluid was provided, to attend at all subsequent proceedings for cross-examination and that person must attend accordingly. (9) The court must not grant leave under subsection (8) unless it is satisfied- (a) that the informant has been given at least 7 days' notice of the hearing of the application for leave and has been given an opportunity to make a submission to the court; and (b) that- (i) there is a reasonable possibility that the oral fluid referred to in a certificate given by an analyst under subsection (4) was not that of the accused; or (ii) there is a reasonable possibility that the oral fluid referred to in a certificate given under subsection (3) had become contaminated in such a way that a drug found on analysis would not have been found had the oral fluid not been contaminated in that way; or (iii) there is a reasonable possibility that the sample was not taken within 3 hours after the person who provided the sample drove or was in charge of the vehicle; or (iv) for some other reason the giving of evidence by the person who gave the certificate would materially assist the court to ascertain relevant facts. (10) An accused who has been served with a copy of a certificate given under this section may not require the person who has given the certificate or any person employed, or engaged to provide services at, the place at which the sample of oral fluid was provided, to attend the court on the hearing of an application for leave under subsection (8). (11) Evidence of a kind permitted to be given by subsection (2) in legal proceedings of a kind referred to in subsection (2)(a), (b), (c), (d) or (e) is inadmissible as evidence in any other legal proceedings. Road Safety Act 1986 - SECT 58 Evidentiary provisions-breath tests 58. Evidentiary provisions-breath tests (1) If the question whether any person was or was not at any time under the influence of intoxicating liquor or if the question as to the presence or the concentration of alcohol in the breath of any person at any time or if a result of a breath analysis is relevant- (a) on a trial for murder or manslaughter or for negligently causing serious injury arising out of the driving of a motor vehicle; or (ab) on a trial or hearing for an offence against Subdivision (4) of Division 1 of Part I of the Crimes Act 1958 arising out of the driving of a motor vehicle; or (b) on a trial or hearing for an offence against section 318(1) or 319(1) of the Crimes Act 1958; or (c) on a hearing for an offence against section 49(1) of this Act; or (d) in any proceedings conducted by a coroner- then, without affecting the admissibility of any evidence which might be given apart from the provisions of this section, evidence may be given of the concentration of alcohol indicated to be present in the breath of that person by a breath analysing instrument operated by a person authorised to do so by the Chief Commissioner of Police under section 55 and the concentration of alcohol so indicated is, subject to compliance with section 55(4), evidence of the concentration of alcohol present in the breath of that person at the time his or her breath is analysed by the instrument. (2) A document purporting to be a certificate containing the prescribed particulars produced by a breath analysing instrument of the concentration of alcohol indicated by the analysis to be present in the breath of a person and purporting to be signed by the person who operated the instrument is admissible in evidence in any proceedings referred to in subsection (1) and, subject to subsection (2E), is conclusive proof of- (a) the facts and matters contained in it; and (b) the fact that the instrument used was a breath analysing instrument within the meaning of this Act; and (c) the fact that the person who operated the instrument was authorised to do so by the Chief Commissioner of Police under section 55; and (d) the fact that all relevant regulations relating to the operation of the instrument were complied with; and (e) the fact that the instrument was in proper working order and properly operated; and (f) the fact that the certificate is identical in its terms to another certificate produced by the instrument in respect of the sample of breath and that it was signed by the person who operated the instrument and given to the accused person as soon as practicable after the sample of breath was analysed- unless the accused person gives notice in writing to the informant not less than 28 days before the hearing, or any shorter period ordered by the court or agreed to by the informant, that he or she requires the person giving the certificate to be called as a witness or that he or she intends to adduce evidence in rebuttal of any such fact or matter. (2A) A notice under subsection (2) must specify any fact or matter with which issue is taken and indicate the nature of any expert evidence which the accused person intends to have adduced at the hearing. (2B) The accused person may not, except with the leave of the court, introduce expert evidence at the hearing if the nature of that evidence was not indicated in a notice under subsection (2). (2C) If an accused person gives notice to the informant in accordance with subsection (2) that he or she requires the person giving a certificate to be called as a witness and the court is satisfied that that person- (a) is dead; or (b) is unfit by reason of his or her bodily or mental condition to testify as a witness; or (c) has ceased to be a member of the police force or is out of Victoria and it is not reasonably practicable to secure his or her attendance; or (d) cannot with reasonable diligence be found- the court must order that subsection (2) has effect as if the notice had not been given. (2D) A certificate referred to in subsection (2) remains admissible in evidence even if the accused person gives a notice under that subsection but, in that event, the certificate ceases to be conclusive proof of the facts and matters referred to in that subsection. (2E) Nothing in subsection (2) prevents the informant adducing evidence to explain any fact or matter contained in a certificate referred to in subsection (2) and, if the informant does so, the certificate remains admissible in evidence but ceases to be conclusive proof of that fact or matter only. (3) In any proceeding under this Act- (a) the statement of any person that on a particular date he or she was authorised by the Chief Commissioner of Police under section 55 to operate breath analysing instruments; or (b) a certificate purporting to be signed by the Chief Commissioner of Police that a person named in it is authorised by the Chief Commissioner under section 55 to operate breath analysing instruments- is admissible in evidence and, in the absence of evidence to the contrary, is proof of the authority of that person. (4) Evidence by a person authorised to operate a breath analysing instrument under section 55- (a) that an apparatus used by him or her on any occasion under that section was a breath analysing instrument within the meaning of this Part; (b) that the breath analysing instrument was on that occasion in proper working order and properly operated by him or her; (c) that, in relation to the breath analysing instrument, all regulations made under this Part with respect to breath analysing instruments were complied with- is, in the absence of evidence to the contrary, proof of those facts. (5) The statement on oath of a person authorised to operate a breath analysing instrument under section 55 when called as a witness that any apparatus used by him or her on any occasion under section 55 had written, inscribed or impressed on some portion of it or on a plate attached to it the expressions "Alcotest 7110" and "3530791" whether with or without other expressions or abbreviations of expressions, commas, full stops, hyphens or other punctuation marks and whether or not all or any of the numbers are boxed in is, in the absence of evidence to the contrary, proof that the apparatus is a breath analysing instrument within the meaning of this Act. Road Safety Act 1986 - SECT 58A Avoidance of certain provisions in contracts of insurance 58A. Avoidance of certain provisions in contracts of insurance (1) Any covenant, term, condition, or other provision of a contract or other agreement is void to the extent that it purports to exclude or limit the liability of an insurer under a contract of insurance in the event of the driver or person in charge of a large vehicle having a concentration of alcohol present in his or her breath or blood as indicated by an analysis of his or her breath or blood of not more than ×05 grams per 210 litres of exhaled air or 100 millilitres of blood (as the case requires). (2) Subsection (1) applies to a contract of insurance whether entered into before or after the commencement of section 14 of the Road Safety (Further Amendment) Act 1991. Road Safety Act 1986 - SECT 58B Prohibited analysis 58B. Prohibited analysis (1) In this section- DNA database has the meaning given by section 464(2) of the Crimes Act 1958; Part 5 sample means a sample of blood, urine or oral fluid taken from, or furnished or provided by, a person under this Part; permitted purpose, in relation to an analysis of a Part 5 sample, means the purpose of determining- (a) whether alcohol or any other drug is present in the sample; or (b) the level of concentration in which alcohol or any other drug is present in the sample; prohibited analysis, in relation to a Part 5 sample, means analysis of the sample for a purpose other than the permitted purpose. Example Deriving a DNA profile from the sample is a purpose for which analysis is prohibited. (2) A person who intentionally or recklessly- (a) supplies a Part 5 sample, or causes a Part 5 sample to be supplied, to a person for prohibited analysis; or (b) carries out a prohibited analysis of a Part 5 sample; or (c) includes, or causes the inclusion of, information derived from a prohibited analysis on a DNA database kept under a law of this State or the Commonwealth or of another State or a Territory- is guilty of an offence and liable to imprisonment for a term of not more than 12 months or to a fine of not more than 120 penalty units. _______________ Road Safety Act 1986 - PART 6 PART 6 OFFENCES AND LEGAL PROCEEDINGS Road Safety Act 1986 - SECT 59 General duty of driver or person in charge of motor vehicle 59. General duty of driver or person in charge of motor vehicle (1) The driver or person in charge of a motor vehicle on a highway has the following duties- (a) to stop the motor vehicle, produce for inspection his or her driver licence document or permit document and state his or her name and address if requested or signalled to do so by- (i) a member of the police force or an officer of the Corporation or of the Department of Infrastructure (being an officer authorised in writing by the Corporation or the Secretary of the Department of Infrastructure, as the case requires, in that behalf); or (ii) an officer of or person authorised in writing in that behalf by any municipal council who has reasonable grounds for believing that any provision of the regulations relating to the mass or dimensions of a motor vehicle or trailer or to the number of hours during which a person may drive a motor vehicle or to the carrying of a log book on a motor vehicle is being contravened; and (b) to obey any lawful direction given to him or her by a member of the police force under subsection (5); and (c) if requested or signalled to do so by a member of the police force or an officer of the Corporation (being an officer authorised in writing by the Corporation in that behalf), to stop the motor vehicle, produce for inspection his or her log book, permit any entry in the log book to be copied and permit the person inspecting it to make any entry in it and to search the motor vehicle if that person has reasonable grounds for suspecting that more than one log book is carried on the vehicle; and (d) if requested or signalled to do so by a member of the police force or an officer of the Corporation (being an officer authorised in writing by the Corporation in that behalf) or by an officer of or person authorised in writing in that behalf by any municipal council, to stop the motor vehicle and allow it together with its load and any trailer attached to the motor vehicle and the load of the trailer (whether those loads are goods or passengers or both) to be weighed or to be taken to be weighed at a weighbridge or weighing machine that is agreed on by the driver or person in charge of the motor vehicle and the person making the request or, if there is no agreement, at the weighbridge or weighing machine that is nominated by the person making the request. (2) Subject to subsections (3) and (4), a person who fails to do anything that he or she is required to do under subsection (1), or who when required to state his or her name and address states a false name or address, is guilty of an offence and liable- (a) if the offence consists of failing to obey any lawful direction given by a member of the police force or failing to produce for inspection his or her driver licence document or permit document, to a penalty of not more than 5 penalty units; (b) if the offence consists of failing to produce for inspection his or her log book or failing to state his or her name or address or stating a false name or address or failing to permit an entry in his or her log book to be copied or failing to permit an entry to be made in his or her log book or failing to permit his or her vehicle to be searched for another log book, to a penalty of not more than 5 penalty units or imprisonment for a term of not more than 1 month; (c) if the offence consists of failing to stop the motor vehicle or failing to allow it together with its load to be weighed, to a penalty, in the case of a first offence, of not more than 10 penalty units or, in the case of a subsequent offence, of not more than 20 penalty units or imprisonment for a term of not more than 4 months. (3) A person, other than a person who holds a probationary driver licence or who is driving or in charge of a large vehicle in respect of which section 19(5) applies or who has been issued with a driver licence under an order of the Magistrates' Court made on an application under section 50(4), who fails to produce for inspection his or her driver licence document or permit document is not guilty of an offence if that person- (a) gives a reasonable excuse for the failure; and (b) provides a specimen of his or her signature; and (c) within 7 days produces his or her driver licence document or permit document at the police station (if any) specified by the member of the police force or other person who requested its production. (4) A driver or person in charge of a motor vehicle who fails to stop when required to do so in accordance with subsection (1)(a) is not guilty of an offence if- (a) the person making the request or signal is not in uniform; and (b) the driver or person in charge believed that that person was not- (i) a member of the police force or an authorised officer of the Corporation or of the Department of Infrastructure, as the case requires; or (ii) an officer of or person authorised in writing in that behalf by a municipal council. (5) A member of the police force may give such reasonable directions to a person driving or in charge of a motor vehicle on a highway as are, in the opinion of that member, necessary- (a) for carrying into execution the provisions of this Act or the regulations; or (b) for the purposes of any traffic survey being carried out in the vicinity of the highway. (6) If a driver or person in charge of a motor vehicle who is requested under subsection (1)(d) to allow his or her motor vehicle together with its load to be weighed fails to allow it to be so weighed, the person making the request may impound the vehicle and its load, together with any trailer attached to the vehicle and the load of the trailer, and may cause the vehicle to be driven or towed onto a weighing device or to a weighbridge or weighing machine that is agreed on by the driver or person in charge and the person making the request or, if there is no agreement, to the weighbridge or weighing machine that is nominated by the person making the request, to be weighed. (7) If a motor vehicle that is used on a highway and its load, together with any trailer attached to the motor vehicle and the load of the trailer, exceeds the prescribed maximum weight or any prescribed maximum dimension, a member of the police force or an officer of the Corporation (being an officer authorised in writing by the Corporation in that behalf) may require the driver or person in charge of the motor vehicle to unload any part of the load that is necessary to bring the motor vehicle, trailer or load within the prescribed maximum weight or dimension. (8) If a driver or person in charge of a motor vehicle fails to comply with a requirement under subsection (7) to unload- (a) the driver or person in charge is guilty of an offence and is liable for a first offence to a penalty of not more than 5 penalty units and for a subsequent offence to a penalty of not more than 10 penalty units; and (b) the person making the requirement may drive the motor vehicle and the trailer, if any, to a police station or other convenient place and the vehicle, trailer and load may be impounded there by any member of the police force. (9) A reference in this section to a driver licence document or permit document includes a reference to any other document which evidences the authorisation of the driver to drive the motor vehicle. (10) Neither the Crown nor the person making a request under subsection (1)(d) or a requirement under subsection (7) nor any other person is liable for any loss or damage occasioned by or arising out of anything done in the exercise or purported exercise in good faith of the powers conferred by this section. Road Safety Act 1986 - SECT 60 Duty of owner of motor vehicle to give information about driver 60. Duty of owner of motor vehicle to give information about driver (1) An owner of a motor vehicle, or a relevant nominated person in relation to a motor vehicle, is guilty of an offence if, when required to do so by a member of the police force who is acting in the execution of duty, the person fails to give any information which it is within the power of the person to give and which may lead to the identification of any person who was the driver of the motor vehicle on any occasion or had possession or control of the motor vehicle on any occasion or fails to make all reasonable enquiries in order to obtain that information. (1A) For the purposes of subsection (1) a relevant nominated person means a person nominated in an effective known user statement (within the meaning of Part 6AA) or sold vehicle statement (within the meaning of that Part) as being the responsible person (within the meaning of that Part) in relation to a motor vehicle at the time when the motor vehicle was involved in an offence that is an operator onus offence for the purposes of that Part. (1B) A member of the police force who is acting in the execution of duty may require any person whom the member believes on reasonable grounds to have had possession or control of a motor vehicle on a particular occasion to give any information which it is within the power of the person to give and which may lead to the identification of any person who was the driver of the motor vehicle on that occasion or had possession or control of the motor vehicle on that occasion. (1C) A person who, without reasonable excuse, refuses or fails to comply with a requirement made under subsection (1B) is guilty of an offence. (2) A person guilty of an offence under this section is liable- (a) if the requirement is made by a member of the police force who is investigating an accident involving a motor vehicle that resulted in a person being killed or suffering serious injury-to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than 4 months or to both; (b) in any other case-to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than 2 months or to both- and on conviction the court must cancel all driver licences and permits held by that person and, whether or not that person holds a driver licence, disqualify him or her from obtaining one for, in the case of a first offence, at least 2 years and, in the case of a subsequent offence, at least 4 years. (3) For the purposes of this section owner 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 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 (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 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 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 that motor vehicle is the same as the motor vehicle about which information is sought; or (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 number plate at the 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. (4) A requirement under this section may be made orally or in writing. (5) A written requirement may be sent by post addressed to the person to whom it is made at the person's home address or at an authorised address (within the meaning of section 163A of the Infringements Act 2006). (6) A written requirement sent by post to a person at an authorised address (within the meaning of section 163A of the Infringements Act 2006) and returned undelivered to its sender is deemed to be served 14 days after the date specified in the requirement as the date of the requirement, despite it being returned to its sender as undelivered. (7) Subsection (6) has effect despite anything to the contrary in section 49(1) of the Interpretation of Legislation Act 1984. Road Safety Act 1986 - SECT 60A Duty of owner of trailer to give information 60A. Duty of owner of trailer to give information (1) An owner of a trailer, or a relevant nominated person in relation to a trailer or a motor vehicle to which a trailer was attached on any occasion, is guilty of an offence if, when required to do so by a member of the police force who is acting in the execution of duty, the person fails to give any information which it is within the power of the person to give and which may lead to the identification of any person who was the driver of the motor vehicle to which the trailer was attached on any occasion or had possession or control of the trailer on any occasion or fails to make all reasonable enquiries in order to obtain that information. (1A) For the purposes of subsection (1) a relevant nominated person means a person nominated in an effective known user statement (within the meaning of Part 6AA) or sold vehicle statement (within the meaning of that Part) as being the responsible person (within the meaning of that Part) in relation to a trailer or a motor vehicle to which a trailer was attached at the time when the trailer was involved in an offence that is an operator onus offence for the purposes of that Part. (1B) A member of the police force who is acting in the execution of duty may require any person whom the member believes on reasonable grounds to have had possession or control of a trailer or a motor vehicle on a particular occasion to give any information which it is within the power of the person to give and which may lead to the identification of any person who was the driver of the trailer or of a motor vehicle to which the trailer was attached on that occasion or had possession or control of the trailer or motor vehicle on that occasion. (1C) A person who, without reasonable excuse, refuses or fails to comply with a requirement made under subsection (1B) is guilty of an offence. (2) A person guilty of an offence under this section is liable- (a) if the requirement is made by a member of the police force who is investigating an accident involving a motor vehicle or trailer that resulted in a person being killed or suffering serious injury-to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than 4 months or to both; (b) in any other case-to a penalty of not more than 10 penalty units or to imprisonment for a term of not more than 2 months or to both. (3) For the purposes of this section owner means- (a) the owner or the person in whose name 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 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 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 or the corresponding body under a corresponding Act, was the person in whose name the trailer, to which that registration number 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 that trailer is the same as the trailer about which information is sought; or (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 number plate 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 requirement is made. (4) A requirement under this section may be made orally or in writing. (5) A written requirement may be sent by post addressed to the person to whom it is made at the person's home address or at an authorised address (within the meaning of section 163A of the Infringements Act 2006). (6) A written requirement sent by post to a person at an authorised address (within the meaning of section 163A of the Infringements Act 2006) and returned undelivered to its sender is deemed to be served 14 days after the date specified in the requirement as the date of the requirement, despite it being returned to its sender as undelivered. (7) Subsection (6) has effect despite anything to the contrary in section 49(1) of the Interpretation of Legislation Act 1984. Road Safety Act 1986 - SECT 61 Duty of driver etc. of motor vehicle if accident occurs 61. Duty of driver etc. of motor vehicle if accident occurs (1) If owing to the presence of a motor vehicle an accident occurs whereby any person is injured or any property (including any animal) is damaged or destroyed, the driver of the motor vehicle- (a) must immediately stop the motor vehicle; and (b) must immediately render such assistance as he or she can; and (c) must at the scene of the accident as soon as possible give his or her name and address and also the name and address of the owner of the motor vehicle and the identifying number of the motor vehicle- (i) to any person who has been injured or to the owner of any property which has been damaged or destroyed; or (ii) to a person representing the injured person or the owner of the property; and (d) must at the scene of the accident as soon as possible give those names and addresses to any member of the police force who is present; and (e) if any person is injured and no member of the police force is present at the scene of the accident, must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident if that station is open and, if it is not open, at the next most accessible station; and (f) if any property is damaged or destroyed and neither the owner of the property nor any person representing the owner nor any member of the police force is present at the scene of the accident, must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident if that station is open and, if it is not open, at the next most accessible station. (2) If a motor vehicle which has been left standing on a highway moves of its own accord from the position in which it was left and is involved in an accident whereby any person is injured or any property (including any animal) is damaged or destroyed, the person who left the motor vehicle so standing must as soon as possible after becoming aware of the accident comply as far as the circumstances permit with the requirements of subsection (1). (3) If- (a) as a result of an accident involving a motor vehicle a person is killed or suffers serious injury; and (b) the driver of the motor vehicle knows or ought reasonably to have known that the accident had occurred and had resulted in a person being killed or suffering serious injury; and (c) the driver of the motor vehicle does not comply with the requirements of paragraph (a) or (b) of subsection (1) in relation to the accident- the driver is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum). (4) If- (a) as a result of the accident a person is killed or suffers serious injury then a person who contravenes paragraph (c), (d) or (e) of subsection (1) is guilty of an offence; or (b) as a result of the accident a person is otherwise injured then a person who contravenes any provision of this section is guilty of an offence- and liable for a first offence to a penalty of not more than 80 penalty units or to imprisonment for a term of not more than 8 months and for a subsequent offence to a penalty of not more than 240 penalty units or to imprisonment for a term of not less than 4 months and not more than 2 years. (5) If no person is killed or suffers injury as a result of the accident then a person who contravenes any provision of this section is guilty of an offence and liable for a first offence to a penalty of not more than 5 penalty units or to imprisonment for a term of not more than 14 days and for a subsequent offence to a penalty of not more than 10 penalty units or to imprisonment for a term of not less than 14 days and not more than 1 month. (6) On conviction of a person for, or finding a person guilty of, an offence against this section, if a person is killed or suffers serious injury as a result of the accident, the court must cancel all driver licences and permits held by the convicted person and, whether or not that person holds a driver licence, disqualify him or her from obtaining one for- (a) in the case of a first offence, at least 4 years if a conviction is recorded and at least 2 years in any other case; and (b) in the case of a subsequent offence, at least 8 years if a conviction is recorded and at least 4 years in any other case. (7) If a person who is convicted or found guilty of an offence against any provision of this section has at any time been convicted or found guilty of an offence against another provision of this section or any previous enactment corresponding to any of those provisions, the conviction for, or finding of guilt of, the offence against that provision is to be taken to be a conviction for, or finding of guilt of, a subsequent offence. (8) The specifying by subsection (3) of fault elements for an offence against that subsection is not intended to affect the question of whether fault elements are required for any other offence against this section or any other provision of this Act. Road Safety Act 1986 - SECT 61A Duty of driver etc. of vehicle that is not a motor vehicle if accident occurs 61A. Duty of driver etc. of vehicle that is not a motor vehicle if accident occurs (1) If owing to the presence of a specified vehicle an accident occurs whereby any person is injured or any property (including any animal) is damaged or destroyed, the driver of the vehicle- (a) must immediately stop the vehicle; and (b) must immediately render such assistance as he or she can; and (c) must at the scene of the accident as soon as possible give his or her name and address and also the name and address of the owner of the vehicle and the identifying number of the vehicle (if any)- (i) to any person who has been injured or to the owner of any property which has been damaged or destroyed; or (ii) to a person representing the injured person or the owner of the property; and (d) must at the scene of the accident as soon as possible give those names and addresses to any member of the police force who is present; and (e) if any person is injured and no member of the police force is present at the scene of the accident, must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident if that station is open and, if it is not open, at the next most accessible station; and (f) if any property is damaged or destroyed and neither the owner of the property nor any person representing the owner nor any member of the police force is present at the scene of the accident, must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident if that station is open and, if it is not open, at the next most accessible station. (2) If a specified vehicle, which has been left standing on a highway, moves of its own accord from the position in which it was left and is involved in an accident whereby any person is injured or any property (including any animal) is damaged or destroyed, the person who left the vehicle so standing must as soon as possible after becoming aware of the accident comply as far as the circumstances permit with the requirements of subsection (1). (3) If- (a) as a result of an accident involving a specified vehicle a person is killed or suffers serious injury; and (b) the driver of the vehicle knows or ought reasonably to have known that the accident had occurred and had resulted in a person being killed or suffering serious injury; and (c) the driver of the vehicle does not comply with the requirements of subsection (1)(a) or (1)(b) in relation to the accident- the driver is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum). (4) If- (a) as a result of the accident a person is killed or suffers serious injury then a person who contravenes subsection (1)(c), (1)(d) or (1)(e) is guilty of an offence; or (b) as a result of the accident a person is otherwise injured then a person who contravenes any provision of this section is guilty of an offence- and liable for a first offence to a penalty of not more than 40 penalty units or to imprisonment for a term of not more than 4 months and for a subsequent offence to a penalty of not more than 120 penalty units or to imprisonment for a term of not less than 2 months and not more than 1 year. (5) If no person is killed or suffers injury as a result of the accident then a person who contravenes any provision of this section is guilty of an offence and liable for a first offence to a penalty of not more than 2·5 penalty units or to imprisonment for a term of not more than 7 days and for a subsequent offence to a penalty of not more than 5 penalty units or to imprisonment for a term of not less than 7 days and not more than 14 days. (6) If a person who is convicted or found guilty of an offence against any provision of this section has at any time been convicted or found guilty of an offence against another provision of this section or any previous enactment corresponding to any of those provisions, the conviction for, or finding of guilt of, the offence against that provision is to be taken to be a conviction for, or finding of guilt of, a subsequent offence. (7) The specifying by subsection (3) of fault elements for an offence against that subsection is not intended to affect the question of whether fault elements are required for any other offence against this section or any other provision of this Act. (8) In this section, specified vehicle means a vehicle that is not- (a) a motor vehicle; or (b) a non-motorised wheel-chair; or (c) a motorised wheel-chair that is not capable of a speed of more than 10km per hour. Road Safety Act 1986 - SECT 62 Power to prevent driving by incapable persons 62. Power to prevent driving by incapable persons (1) A member of the police force who is of the opinion on reasonable grounds that a person, driving or about to drive a motor vehicle, is by reason of his or her physical or mental condition incapable of having proper control of the motor vehicle may do all or any of the following things, namely- (a) forbid that person to drive the motor vehicle while so incapable; (b) require that person to deliver up forthwith all ignition or other keys of the motor vehicle in his or her actual possession; (c) take such other steps as may in the opinion of the member of the police force be necessary to render the motor vehicle immobile or to remove it to a place of safety. (1A) Without limiting the grounds on which a member of the police force may form the opinion that a person is, by reason of his or her physical or mental condition, incapable of having proper control of a motor vehicle, the fact that- (a) the person has furnished a sample of breath for analysis by a breath analysing instrument under section 55 and the result of the analysis as recorded or shown by the breath analysing instrument indicates that the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her breath; or (b) a test by a prescribed device under section 55E of a sample of oral fluid provided under that section indicates, in the opinion of the person who carried out the test, that the person's oral fluid contains a prescribed illicit drug- is of itself a sufficient ground for forming that opinion. (2) Nothing in subsection (1) authorises the detention of any keys or the immobilization or detention of any motor vehicle for any longer period than is necessary in all the circumstances of the case in the interest of the person driving or about to drive it or of any other person or of the public. (3) Subject to subsection (4), a person who contravenes any prohibition or requirement made by a member of the police force under subsection (1) or in any manner attempts to obstruct any member of the police force in the exercise of any power conferred on that member by this section is guilty of an offence and liable for a first offence to a penalty of not more than 5 penalty units and for any subsequent offence to a penalty of not more than 8 penalty units or to imprisonment for a term of not more than 1 month. (4) A court may only find a person guilty of an offence under subsection (3) if the court is satisfied that the member of the police force had reasonable grounds for believing that in all the circumstances of the case the action taken by him or her under subsection (1) was necessary in the interest of that person or of any other person or of the public. Road Safety Act 1986 - SECT 63 Power to enter motor vehicles 63. Power to enter motor vehicles A member of the police force may, for the purpose of establishing the identity of the driver of a motor vehicle or arresting a person or carrying out the provisions of section 53, 54, 55 or 55A, enter the motor vehicle using, if necessary, reasonable force, if the driver refuses or fails to obey any lawful direction given to him or her by the member of the police force. Road Safety Act 1986 - SECT 63A Removal of vehicles obstructing driveways etc. 63A. Removal of vehicles obstructing driveways etc. (1) A member of the police force may move or cause to be moved a vehicle which is parked or left standing in front of a- (a) right-of-way; or (b) passage; or (c) private drive- or so close to a right-of-way, passage or private drive as to obstruct access to, or egress from, it by vehicles or pedestrians. (2) A member of the police force may move or cause to be moved a vehicle which- (a) is parked or left standing contrary to the regulations; and (b) in the opinion of the member of the police force, is- (i) a danger to other road users; or (ii) causing or likely to cause traffic congestion. (3) A member of the police force acting in accordance with subsection (1) or (2) may- (a) enter a vehicle using, if necessary, reasonable force, for the purpose of conveniently or expeditiously moving it; and (b) move the vehicle to the nearest convenient place. (4) The Chief Commissioner of Police may recover from the owner of a vehicle moved under subsection (3) any reasonable costs incurred in moving it. Road Safety Act 1986 - SECT 63B Use of tyre deflation devices in police pursuits 63B. Use of tyre deflation devices in police pursuits (1) The Chief Commissioner of Police may authorise the use by members of the police force of a device (a tyre deflation device) that causes the deflation of the tyres of a vehicle- (a) to prevent the use of the vehicle by a person for the purpose of escaping from lawful custody or avoiding arrest; or (b) to stop or assist in stopping a vehicle in connection with the pursuit of the vehicle by members of the police force. (2) A provision made by or under this or any other Act that would operate to prohibit or restrict the placement or deployment on or near a road or road related area of a tyre deflation device does not apply to the placing or deploying of a tyre deflation device by a member of the police force acting in the exercise of his or her duties. Road Safety Act 1986 - SECT 64 Dangerous driving 64. Dangerous driving (1) A person must not drive a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case. (2) A person who contravenes subsection (1) is guilty of an offence and is liable to a fine of not more than 240 penalty units or to imprisonment for a term of not more than 2 years or both and on finding a person guilty of the offence the court must, if the offender holds a driver licence or permit, cancel that licence or permit and must, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such time (not being less than 6 months or, if the vehicle was driven at a speed of 45 kilometres per hour or more in excess of that permitted, 12 months) as the court thinks fit. (2A) A person must not drive a vehicle, other than a motor vehicle, at a speed or in a manner that is dangerous to the public, having regard to all the circumstances of the case. Penalty: 120 penalty units or imprisonment for 12 months or both. (3) If on a prosecution for an offence under this section the court is not satisfied that the defendant is guilty of that offence but is satisfied that the defendant is guilty of an offence against section 65, the court may convict the defendant of an offence against section 65 and punish the defendant accordingly. (4) In this section- vehicle does not include- (a) a non-motorised wheel-chair; or (b) a motorised wheel-chair that is not capable of a speed of more than 10km per hour Road Safety Act 1986 - SECT 64A Driving a motor vehicle when directed to stop by police 64A. Driving a motor vehicle when directed to stop by police (1) A person must not drive a motor vehicle if- (a) he or she knows that he or she has been given a direction to stop; or (b) he or she ought reasonably to know that he or she has been given a direction to stop. Penalty: For a first offence, 60 penalty units or imprisonment for 6 months or both; For a subsequent offence, 120 penalty units or imprisonment for 12 months or both. (2) Subsection (1) does not apply to a person who is driving a motor vehicle who stops the motor vehicle as soon as practicable after being given a direction to stop. (3) On a person being found guilty of a first offence under subsection (1), the court must- (a) if the offender holds a driver licence or permit, cancel the licence or permit; and (b) whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such time as the court thinks fit, not being less than 6 months. (4) On a person being found guilty of a subsequent offence under subsection (1), the court must- (a) if the offender holds a driver licence or permit, cancel the licence or permit; and (b) whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such time as the court thinks fit, not being less than 12 months. (5) In this section direction to stop means any action taken by a member of the police force to indicate to a driver of a motor vehicle that he or she must stop the motor vehicle, including but not limited to the following- (a) the giving of hand signals or the display of signs by the member of the police force; (b) the- (i) flashing of headlights of; or (ii) use of red and blue flashing lights on; or (iii) sounding of an alarm, siren or other warning device from- a motor vehicle that is being driven by a member of the police force in the course of his or her duties as a member of the police force. Road Safety Act 1986 - SECT 65 Careless driving 65. Careless driving (1) A person who drives a motor vehicle on a highway carelessly is guilty of an offence and liable for a first offence to a penalty of not more than 12 penalty units and for a subsequent offence to a penalty of not more than 25 penalty units. (2) A person must not drive a vehicle, other than a motor vehicle, on a highway carelessly. Penalty: For a first offence, 6 penalty units; For a subsequent offence, 12 penalty units. (3) In this section- vehicle does not include- (a) a non-motorised wheel-chair; or (b) a motorised wheel-chair that is not capable of a speed of more than 10km per hour. Road Safety Act 1986 - SECT 65A Improper use of motor vehicle 65A. Improper use of motor vehicle (1) A person must not drive a motor vehicle in a manner which causes the motor vehicle to undergo loss of traction by one or more of the motor vehicle's wheels. Penalty: 5 penalty units. (2) In a proceeding for an offence against subsection (1) it is a defence to the charge for the accused to prove that he or she had not intentionally caused the alleged loss of traction. (3) The Minister may, by notice published in the Government Gazette, declare that the provisions of subsections (1) and (2) and of any regulations (except as specified in the declaration) do not apply to persons- (a) while the persons are participating in a function or event, or a type of function or event, specified in the declaration and conducted on land specified in the declaration; or (b) while the persons are participating in an event or function at a motor sport venue specified in the declaration. (4) A declaration under subsection (3)(a) may be made on the application of the owner or occupier of the land on which the function or event is to be conducted. (5) Subsection (1) does not apply to a person while the person is participating in- (a) a race or speed trial specified in a notice published under section 68(3); or (b) a function or event organised and conducted by a motoring organisation the subject of a notice published under section 68(4). Road Safety Act 1986 - SECT 65B Prohibition on drivers of heavy vehicles exceeding speed limit by 35km/h or more 65B. Prohibition on drivers of heavy vehicles exceeding speed limit by 35km/h or more A driver of a heavy vehicle must not drive the heavy vehicle at a speed that exceeds the speed limit for the length of road where the driver is driving by 35 km per hour or more. Penalty: 30 penalty units. Road Safety Act 1986 - SECT 66 Certain prescribed offences to be operator onus offences 66. Certain prescribed offences to be operator onus offences A prescribed offence that is detected by a prescribed road safety camera or by a prescribed process or the detection of which involves the use of a prescribed road safety camera is an operator onus offence for the purposes of Part 6AA. Road Safety Act 1986 - SECT 67 Extension of time if no actual notice for certain traffic infringements 67. Extension of time if no actual notice for certain traffic infringements (1) If a traffic infringement notice (other than a notice to which section 89A applies) is not served by delivering it personally to the person to whom it was issued, and that person is not in fact aware that it has been issued, the person may apply to an infringements registrar (within the meaning of the Infringements Act 2006) or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, to have an extension of time of 28 days to deal with the notice in accordance with this Act. (2) An application under subsection (1) must- (a) be made within 14 days of the applicant becoming aware of the notice; and (b) be filed with the registrar; and (c) be accompanied by a sworn statement in writing or by a statutory declaration setting out the grounds on which the extension is sought. (3) If an application is made under subsection (1) to an infringements registrar within the meaning of the Infringements Act 2006, the registrar must- (a) refer the application to the Magistrates' Court constituted by a magistrate; and (b) cause a notice of the time and place of the hearing of the application to be given or sent to- (i) the person who served the traffic infringement notice on the applicant or caused it to be served; and (ii) the applicant. (4) The Magistrates' Court or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, may only grant an extension of time if satisfied that the person was not in fact aware, more than 14 days before making an application under subsection (1), that the traffic infringement notice had been issued. (5) On the granting of the extension of time- (a) the traffic infringement notice continues to have effect, unless withdrawn at any time under section 88(3), despite the doing of any thing or the taking of any step in relation to it under the Infringements Act 2006 or Schedule 3 to the Children, Youth and Families Act 2005 before the extension of time was granted, but if an enforcement order had been made in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and (b) any reference in section 88(3) or section 18 of the Infringements Act 2006 to a 28 day period must be read as a reference to the extended period; and (c) the reference in section 32 of the Infringements Act 2006 to the period specified in the infringement notice for the payment of the penalty must be read as a reference to the extended period; and (d) any cancellation, disqualification or suspension, and any extension of probation, that resulted from the infringement notice is set aside if the person takes a relevant action referred to in subsection (6)(b), (c) or (e) in relation to the notice within the extended period; and (e) any fine or part of a fine within the meaning of the Infringements Act 2006 or infringement penalty or part of an infringement penalty and prescribed costs within the meaning of Schedule 3 to the Children, Youth and Families Act 2005 that has been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly) if the person takes a relevant action in relation to the notice within the extended period; and (f) any demerit points recorded as a result of the infringement notice are cancelled if the person takes a relevant action referred to in subsection (6)(b), (c) or (e) in relation to the notice within the extended period; and (g) any of the procedures set out in the Infringements Act 2006 or Schedule 3 to the Children, Youth and Families Act 2005 that are being used for the enforcement of the infringement penalty within the meaning of that Act or that Schedule, as the case requires, must be discontinued and any enforcement order made, or warrant issued, under that Act or that Schedule, as the case requires, ceases to have effect if the person takes a relevant action in relation to the notice within the extended period; and (h) anything done by the person before he or she became aware that the infringement notice had been issued that constituted an offence only because of any cancellation, disqualification or suspension, or any extension of probation, that resulted from the infringement notice must be taken not to constitute that offence if the person takes a relevant action in relation to the notice within the extended period; and * * * * * (j) any period of cancellation, disqualification or suspension, and any extension of probation, of a driver licence or permit that- (i) resulted from the traffic infringement notice; and (ii) occurred after the person became aware that the traffic infringement notice had been issued- must be taken into account by any court which subsequently finds the person guilty of the offence in respect of which the traffic infringement notice was issued; and (k) a reference in section 89(4) to the expiration of the period specified in the notice must be read as a reference to the expiration of the extended period. (6) For the purposes of subsection (5) a person who is granted an extension of time as referred to in subsection (1) only takes a relevant action in relation to a traffic infringement notice if the person- (a) pays the whole of the amount specified in the notice as payable in respect of the offence for which the notice was issued; or (b) gives a statement under section 84BE to an enforcement official within the meaning of Part 6AA; or (c) serves a written statement on an enforcement official within the meaning of Part 6AA to the effect that the person declines to be dealt with under the Infringements Act 2006 or under Schedule 3 to the Children, Youth and Families Act 2005, as the case requires; or (d) is offered a payment plan in accordance with the Infringements Act 2006 and the enforcement agency under that Act or the Secretary (as the case may be) receives the first payment under that plan from the person; or (e) in the case of a person who applies under section 22 of the Infringements Act 2006 for an internal review, is notified of a decision in accordance with section 25(1)(b), (c) or (d) of that Act or section 25(2) of that Act. (7) Despite anything to the contrary in section 88(3AA), if the Magistrates' Court or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, grants an extension of time as referred to in subsection (1), a traffic infringement notice may be withdrawn under section 88(3) even though the infringement penalty has been lodged with an infringements registrar under Part 4 of the Infringements Act 2006 or registered under Schedule 3 to the Children, Youth and Families Act 2005, as the case requires. (8) The taking of a relevant action referred to in subsection (6)(c) has the effect that the person may only be proceeded against by a charge filed for the alleged offence and, for this purpose, a charge may be filed not later than 12 months after the date of the service of the statement under that subsection despite anything to the contrary in any other Act. (9) Despite anything to the contrary in this section or the Infringements Act 2006, the 28 day extension period under this section is suspended and no step may be taken in the enforcement of an infringement notice to which this section applies if a person has- (a) applied for an internal review under section 22 of that Act which has not been determined, until the application is determined and the applicant notified of the outcome; or (b) applied for a payment plan under section 46 of that Act, until- (i) the person is notified that his or her application for a payment plan has been refused; or (ii) in the case of a payment plan that has been offered, the payment plan is cancelled under section 48(2) of that Act; or (iii) in the case of a payment plan that has commenced- (A) the payment plan is cancelled under section 49(2)(b) of that Act; or (B) the infringement penalty in respect of that infringement notice is removed from the payment plan under section 49(2)(a) of that Act; or (C) the person receives written notice under section 52(2) of that Act advising the person that he or she is in default. Road Safety Act 1986 - SECT 68 Speed trials 68. Speed trials (1) A person who on a highway drives or is in charge of a motor vehicle which is being used in a race or speed trial is guilty of an offence. Penalty: For a first offence, 8 penalty units. For a subsequent offence, 15 penalty units. (2) A person who, alone or with any other person, organizes or manages a race or speed trial held or to be held on a highway and carries out or causes to be carried out any preparations for the conduct of that race or speed trial is guilty of an offence. Penalty: For a first offence, 8 penalty units. For a subsequent offence, 15 penalty units. (3) The Minister may by notice published in the Government Gazette declare that the provisions of subsections (1) and (2) and of any regulations (except as specified in the notice) do not apply with respect to a race or speed trial held or to be held on a highway or part of a highway specified in the notice on a day and between the hours so specified. (4) The Minister may, on the application of a motoring organisation, by notice published in the Government Gazette declare that the provisions of subsections (1) and (2) and of any regulations (except as specified in the notice) do not apply with respect to any function or event that is organised and conducted by that motoring organisation. (5) The Minister may, by instrument, delegate to any person the power of the Minister under subsection (3) or (4) to issue notices. (6) In this section, speed trial means an organised motor vehicle event, or any part of such an event, that is a competitive test of speed an object of which is, or requires for its attainment, the travelling over a distance in the shortest possible time, but does not include an event, or any part of an event, in which it is a condition of participation that participants comply with all applicable road laws. $$T Road Safety Act 1986 - SECT 68A Unauthorised use of freeway 68A. Unauthorised use of freeway (1) A pedestrian must not without a reasonable excuse use any part of a freeway other than- (a) a pathway on the road reserve of the freeway; or (b) in accordance with a sign erected on the freeway by the Corporation; or (c) while engaged in the conduct of works to which the Corporation has consented; or (d) as authorised in writing by the Corporation. Penalty: 5 penalty units. (1A) A rider of a bicycle or other pedal-powered vehicle must not, without a reasonable excuse, ride on any part of a freeway other than- (a) a pathway on the road reserve of the freeway; or (b) in accordance with a sign erected on the freeway by the Corporation; or (c) as authorised in writing by the Corporation. Penalty: 5 penalty units. (2) Unless authorised in writing by the Corporation, a person must not cause or permit an animal to be on any part of a freeway other than a pathway on the road reserve of the freeway. Penalty: 5 penalty units. (3) Unless authorised in writing by the Corporation, a person must not cause or permit agricultural machinery to be on any part of a freeway. Penalty: 5 penalty units. (4) Unless authorised in writing by the Corporation, a person must not cause or permit- (a) any road construction or maintenance machinery; or (b) any machinery related to the maintenance of non-road infrastructure- to be on any part of a freeway. Penalty: 5 penalty units. (5) In subsection (4), non-road infrastructure has the same meaning as in section 3(1) of the Road Management Act 2004. (6) If a member of the police force believes, on reasonable grounds, that a person is committing an offence against this section, the member of the police force may remove from the freeway or the part of the freeway, as the case requires, that person or any bicycle or other pedal-powered vehicle, animal or machinery connected with the commission of the offence or any other property belonging to or in the possession of, or apparently belonging to or in the possession of, that person. (7) A member of the police force may, in order to remove a person or thing under subsection (6), use such force as is reasonable in the circumstances. (8) The exercise of a power under subsection (6) does not prevent the commencing of a proceeding in respect of the offence. (9) In this section freeway, pathway and road reserve have the same meanings as in the Road Management Act 2004. Road Safety Act 1986 - SECT 68B Deliberately or recklessly entering a level crossing when a train or tram is approaching etc. 68B. Deliberately or recklessly entering a level crossing when a train or tram is approaching etc. (1) A driver of a vehicle must not, deliberately or recklessly, enter a level crossing if- (a) warning lights (for example, twin red lights or rotating red lights) are operating or warning bells are ringing; or (b) a gate, boom or barrier at the crossing is closed or is opening or closing; or (c) a train or tram is on or entering the crossing; or (d) a train or tram approaching the crossing can be seen from the crossing, or is sounding a warning, and there would be a danger of a collision with the train or tram if the driver entered the crossing; or (e) the driver cannot drive through the crossing because the crossing, or a road beyond the crossing, is blocked. Penalty: 30 penalty units. (2) On convicting a person, or finding a person guilty, of an offence under subsection (1), the court must- (a) if the offender holds a driver licence or permit, suspend the licence or permit for a period of not less than 3 months; or (b) if the offender does not hold a driver licence or permit, disqualify the offender from obtaining one for a period of not less than 3 months. Road Safety Act 1986 - SECT 69 Offence to procure use of motor vehicle by fraud 69. Offence to procure use of motor vehicle by fraud A person is guilty of an offence if that person- (a) procures the use or hire of a motor vehicle by fraud or misrepresentation; or (b) aids or abets a person in procuring the use or hire of a motor vehicle by fraud or misrepresentation. Penalty: 10 penalty units or imprisonment for 2 months. Road Safety Act 1986 - SECT 70 Tampering or interfering with motor vehicle without just cause or excuse 70. Tampering or interfering with motor vehicle without just cause or excuse (1) A person who, without just cause or excuse, tampers or interferes with a motor vehicle owned by any other person is guilty of an offence. Penalty: 2 penalty units or imprisonment for 14 days. (1A) A person must not, without just cause or excuse, tamper or interfere with specified equipment fitted or attached to a motor vehicle. Penalty: 25 penalty units. (1B) In subsection (1A), specified equipment means equipment of a type specified for the purposes of this section by the Minister in a notice published in the Government Gazette. (1C) On convicting a person, or finding a person guilty, of an offence against subsection (1A) the court may, if the person holds a driver licence or permit, cancel that licence or permit and, whether or not the person holds a driver licence or permit, disqualify the person from obtaining one for a period the court thinks fit, not exceeding 4 years. (2) The accused has the burden of proving just cause or excuse. Road Safety Act 1986 - SECT 71 Obtaining licence etc. by false statements 71. Obtaining licence etc. by false statements A person who- (a) by any false statement or any misrepresentation or other dishonest means obtains or attempts to obtain any licence, permit, log book or registration, or the renewal of any licence, permit or registration, or any certificate under this Act or any information to which section 92 applies; or (b) without lawful authority or excuse possesses any licence, permit, log book or certificate so obtained- is guilty of an offence and liable to a penalty of not more than 10 penalty units or to imprisonment for a term of not more than 2 months, and any licence, permit, log book or registration, or any certificate so obtained is void and of no effect. Road Safety Act 1986 - SECT 72 Forgery etc. of documents and identification marks 72. Forgery etc. of documents and identification marks (1) A person is guilty of an offence if that person- (a) forges; or (b) fraudulently alters or uses; or (c) fraudulently lends or allows to be used by any other person- any notice, registration label, certificate, licence, permit or other document or any identifying number or general identification mark that is authorised by or required by or under this Act. Penalty: 10 penalty units or imprisonment for 2 months. (1A) A person is guilty of an offence if that person- (a) forges; or (b) fraudulently alters or uses; or (c) fraudulently lends or allows to be used by any other person- any vehicle identifier, engine identification number, identification plate, manufacturer's build plate or any other plate, label or mark that uniquely identifies a vehicle and sets it apart from similar vehicles. Penalty: 60 penalty units or imprisonment for 6 months. (2) A person is guilty of an offence if that person makes, uses, knowingly has custody or possession of, sells or utters any paper or other material purporting to be a notice, registration label, certificate, licence, permit or other document or any identifying number or general identification mark that is authorised or required by or under this Act. Penalty: 10 penalty units or imprisonment for 2 months. (3) A person is not guilty of an offence under this section by reason only that the person makes or uses an identifying number in such circumstances as are prescribed. Road Safety Act 1986 - SECT 73 Offence to alter, deface or place number on engine of motor vehicle 73. Offence to alter, deface or place number on engine of motor vehicle A person is guilty of an offence if that person- (a) without the permission in writing of the Corporation alters or defaces any number on the engine of a motor vehicle purporting to be the number of that engine; or (b) places on the engine of a motor vehicle any number purporting to be the number of that engine without previously forwarding to the Corporation a notice in writing stating that a number is to be placed on that engine and containing particulars of the number and the registered number of the motor vehicle. Penalty: 10 penalty units or imprisonment for 2 months. Road Safety Act 1986 - SECT 73A Offence to obstruct etc. person operating road safety camera or speed detector 73A. Offence to obstruct etc. person operating road safety camera or speed detector A person must not obstruct, hinder, threaten, abuse or intimidate a person who is operating a road safety camera or a speed detector. Penalty: 60 penalty units. $$A Road Safety Act 1986 - SECT 74 Offence to sell, use or possess anti-speed measuring devices 74. Offence to sell, use or possess anti-speed measuring devices (1) A person must not own, sell, use or possess a device the sole or principal purpose of which is to prevent the effective use of a prescribed speed measuring device or to detect when a prescribed speed measuring device is being used. Penalty: 20 penalty units. (2) A person must, if required to do so by a member of the police force or an officer of the Corporation or an employee in the Department of Infrastructure (being an officer or employee authorised in writing by the Corporation or the Secretary of the Department of Infrastructure, as the case requires, in that behalf), surrender to that member or officer or employee any device referred to in subsection (1). Penalty: 5 penalty units. (3) A court that convicts a person of an offence against subsection (1) or before which a person is charged with an offence against subsection (1) of which the person is found guilty or to which the person pleads guilty and in respect of which a conviction is not recorded may order that the device by means of which the offence was committed be forfeited to the Government of Victoria. (4) All devices forfeited under subsection (3) must be destroyed or otherwise disposed of as the Chief Commissioner of Police directs. Road Safety Act 1986 - SECT 74A Offence to sell certain breath analysing instruments 74A. Offence to sell certain breath analysing instruments A person must not sell a breath analysing instrument of a type which is specified in Australian Standard 3547-Breath Alcohol Testing Devices for Personal Use, published by the Standards Association of Australia, as amended from time to time, unless the instrument complies with that Standard. Penalty: 20 penalty units. Road Safety Act 1986 - SECT 75 General penalty 75. General penalty A person who is guilty of an offence against this Act for which a specific penalty is not prescribed by another provision of this Act is liable- (a) in the case of a person previously convicted of the offence, to a penalty of not more than 3 penalty units or to imprisonment for a term of not more than 1 month; and (b) in any other case, to a penalty of not more than 1 penalty unit. Road Safety Act 1986 - SECT 76 Arrest without warrant 76. Arrest without warrant (1) A member of the police force may arrest without warrant any person who within his or her view commits an offence against any regulation made under clauses 42 to 49 in Schedule 2 and who on being requested to give his or her name and address refuses or fails to do so or gives a name or address which the member of the police force reasonably suspects to be false. (2) If a person who is arrested for an offence under this Act was in charge of a motor vehicle, any member of the police force may drive or convey the motor vehicle to a police station and keep it there pending the admission of the arrested person to bail or, if that person is not the owner of the motor vehicle, pending a demand for the vehicle by its owner. Road Safety Act 1986 - SECT 77 Power to prosecute 77. Power to prosecute * * * * * (2) The following people may prosecute for any offence against this Act or the regulations- (a) any member of the police force; (ab) a protective services officer appointed under Part VIA of the Police Regulation Act 1958, if the offence occurs on land or premises that are, or are in the vicinity of- (i) a place of public importance that the officer has been directed to protect; or (ii) a place where there is present a person holding an official or public office, whom the officer has been directed to protect; (b) a municipal council or any member of staff of a municipal council who is authorised in writing to do so either generally or in any particular case by the municipal council; (c) any employee in the Department of Infrastructure who is authorised in writing to do so either generally or in any particular case by the Secretary to the Department of Infrastructure; (d) any officer of the Corporation who is authorised in writing to do so either generally or in any particular case by the Corporation; (da) the presiding officers of the Legislative Council and the Legislative Assembly, if the offence occurs on the Parliamentary reserve; (db) a person authorised under section 229(1AA) of the Transport Act 1983 to bring a proceeding for a ticket offence (within the meaning of section 208 of that Act), if the offence against this Act or the regulations occurs on or in a park and ride facility; (e) any officer who is authorised in writing to do so either generally or in any particular case by a public authority or other person prescribed for the purposes of this subsection, if the offence occurs on land or premises which are vested in, or under the control of, that public authority or person. * * * * * (3) If proceedings are taken by a member of the police force or an officer of the Corporation or an employee in the Department of Infrastructure or a protective services officer the proceedings may be conducted before the court by any other member of the police force or officer of the Corporation or employee in that Department or protective services officer, as the case requires. (3A) If proceedings are taken by a person referred to in subsection (2)(db), the proceedings may be conducted before the court by any employee in the Department of Infrastructure. (4) Proceedings for any offence which relates to the parking or leaving standing of a vehicle may be taken by any officer appointed either generally or in any particular case by a public authority or other person prescribed for the purposes of this subsection, if the offence occurs on land or premises which are vested in, or under the control of, that public authority or person. (5) Any money that is recovered by way of fine for a prescribed offence must be paid into the Consolidated Fund, unless the charge is filed by an officer who is appointed by a public authority or by any other person who is prescribed for the purposes of this subsection, in which case the money that is recovered by way of fine must be paid into the prescribed fund in respect of that public authority or person. (5A) Despite subsection (5), any money that is recovered by way of fine by a prosecutor authorised under subsection (2A) must be paid into the Consolidated Fund. (6) If a parking infringement (other than a parking infringement involving a contravention of section 90E) or other offence prescribed for the purposes of section 3(1A) occurs on land which is part of the Parliamentary reserve, no prosecution may be taken in respect of it except on the written direction of a presiding officer authorising the prosecution either generally or in a particular case. (7) In a prosecution for an offence in relation to a parking infringement (other than a parking infringement involving a contravention of section 90E) or other offence prescribed for the purposes of section 3(1A) occurring on the Parliamentary reserve, a certificate which purports to be signed by a presiding officer stating that a person is authorised to take proceedings in respect of that parking infringement or offence is evidence, and, in the absence of evidence to the contrary, is proof, that the person is so authorised. (8) All courts must take judicial notice of the signature of a presiding officer on a certificate referred to in subsection (7). Road Safety Act 1986 - SECT 77A Extension of time limit for certain prosecutions 77A. Extension of time limit for certain prosecutions Despite anything to the contrary in section 26(4) of the Magistrates' Court Act 1989, a proceeding for an offence under Division 4 or 6 of Part 10 or under Part 10A against a person in any capacity other than as a driver or operator of a vehicle may be commenced within 2 years after the commission of the alleged offence. Road Safety Act 1986 - SECT 77B Special defence for drivers of heavy vehicles 77B. Special defence for drivers of heavy vehicles (1) This section applies to an offence involving deficiencies concerning a heavy vehicle if the offence is alleged to have been committed by a person as the driver of the vehicle. (2) It is a defence to a charge for the offence if the person establishes that he or she (whether as driver or otherwise)- (a) did not cause, or contribute to, the deficiencies and had no responsibility for, or control over, the maintenance of the vehicle or its equipment at any relevant time; and (b) did not know, and could not reasonably be expected to have known, of the deficiencies; and (c) could not reasonably be expected to have sought to ascertain whether there were, or were likely to be, deficiencies concerning the vehicle. Road Safety Act 1986 - SECT 78 Average speed evidence of actual speed in certain circumstances 78. Average speed evidence of actual speed in certain circumstances (1) If, in any proceedings for an offence against this Act or the regulations- (a) the speed at which a motor vehicle or trailer travelled is relevant; and (b) the prosecution relies on the average speed of the motor vehicle or trailer between 2 points on a road as determined in accordance with subsection (2)- the average speed so determined is evidence, and in the absence of evidence of the actual speed of the motor vehicle or trailer to the contrary is proof, of the speed of the motor vehicle or trailer. (2) For the purposes of subsection (1), the average speed of a motor vehicle or trailer between 2 points on a road expressed in kilometres per hour is calculated in accordance with the following formula and rounded down to the next whole number- where- D is the shortest distance, expressed in metres, that would be travelled by a motor vehicle or trailer on the road between the 2 points; T is the time, expressed in seconds, that has elapsed between the motor vehicle or trailer passing the first and second points. (3) This section does not derogate from any other mode of proof of the speed of the motor vehicle or trailer. (4) For the purpose of any proceedings for an offence against this Act or the regulations in which the speed at which a motor vehicle or trailer travelled is relevant, if a trailer or a motor vehicle that is being towed is attached to a motor vehicle, the trailer or towed motor vehicle and the towing motor vehicle are to be taken to be travelling at the same speed. Note See section 84BAA. Road Safety Act 1986 - SECT 78A Evidence of road distance 78A. Evidence of road distance (1) A certificate in the prescribed form purporting to be issued by an approved surveyor certifying as to the shortest distance, expressed in metres, that would be travelled by a motor vehicle or trailer on a road between 2 points is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of that distance. (2) In this section, approved surveyor means a licensed surveyor within the meaning of the Surveying Act 2004 who is approved for the purposes of this section by the Surveyor-General or by the Corporation. Road Safety Act 1986 - SECT 79 Evidence of speed 79. Evidence of speed (1) If in any criminal proceedings the speed at which a motor vehicle or trailer travelled on any occasion is relevant, evidence of the speed of the motor vehicle or trailer as indicated or determined on that occasion by a prescribed speed measuring device when tested, sealed and used in the 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 or trailer on that occasion. (2) For the purpose of any criminal proceedings in which the speed at which a motor vehicle or trailer travelled on any occasion is relevant, if a trailer or a motor vehicle that is being towed is attached to a motor vehicle, the trailer or towed motor vehicle and the towing motor vehicle are to be taken to be travelling at the same speed. Note See section 84BAA. Road Safety Act 1986 - SECT 79A Evidence of engine management system data 79A. Evidence of engine management system data If in any criminal proceedings, or for any purpose under this Act, any information held in a vehicle's engine management system is relevant, any representation of that information derived from an engine management system reading device specified by the regulations is to be presumed, in the absence of evidence to the contrary, to be an accurate record of that information if the device is operated in the manner specified for that device in the regulations and the information is derived in accordance with the regulations. Road Safety Act 1986 - SECT 80 Certain matters indicated by prescribed road safety cameras are evidence 80. Certain matters indicated by prescribed road safety cameras are evidence (1) If in proceedings for an offence to which section 66 applies the fact that the driver of the motor vehicle or trailer disobeyed a traffic control signal or drove the motor vehicle or trailer in a particular portion of a highway on any occasion is relevant, evidence of that fact as indicated or determined on that occasion by- (a) a prescribed road safety camera; or (b) an image or message produced by a prescribed road safety camera or by a prescribed process- when used in the prescribed manner is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the fact that the driver of the motor vehicle or trailer disobeyed a traffic control signal or drove the motor vehicle or trailer in that portion of the highway on that occasion. (2) For the purpose of any proceedings for an offence to which section 66 applies in which the question whether the driver of a motor vehicle or trailer disobeyed a traffic control signal or drove the motor vehicle or trailer in a particular portion of a highway on any occasion is relevant, if a trailer or a motor vehicle that is being towed is attached to a motor vehicle, proof that the driver of one of those vehicles disobeyed a traffic control signal or drove the vehicle in a particular portion of the highway on that occasion is proof that the driver of the other vehicle did so. Note See section 84BAA. Road Safety Act 1986 - SECT 80A Certain matters indicated by camera devices are sufficient evidence 80A. Certain matters indicated by camera devices are sufficient evidence If in proceedings for an offence to which section 66 applies the fact that the unregistered vehicle was being driven at a particular time and place or that number plates were or were not being displayed at a particular time is relevant, evidence of that fact as indicated or determined at that particular time by an image or message produced by a detection device prescribed for the purposes of section 66, or by a prescribed process, when used in the prescribed manner is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the fact that an unregistered vehicle was being driven at a particular time and place or that number plates were or were not being displayed at a particular time. Road Safety Act 1986 - SECT 81 Certain matters indicated by speed cameras are sufficient evidence 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 or trailer travelled on any occasion is relevant, evidence of the speed of the motor vehicle or trailer as indicated or determined on that occasion by- (a) a detection device prescribed for the purposes of section 66 when tested, sealed and used in the prescribed manner; or (b) an image or message produced by a detection device prescribed for the 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 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 or trailer on that occasion. (1A) For the purpose of any proceedings for an offence to which section 66 applies in which the speed at which a motor vehicle or trailer travelled on any occasion is relevant, if a trailer or a motor vehicle that is being towed is attached to a motor vehicle, the trailer or towed motor vehicle and the towing motor vehicle are to be taken to be travelling at the same speed. Note See section 84BAA. (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 or trailer travelled on any occasion is relevant, evidence of the speed limit at that time and place as 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 of evidence to the contrary, proof of the speed limit on that occasion. Road Safety Act 1986 - SECT 82 Evidence of mass 82. Evidence of mass (1) For the purposes of any prosecution under this Act or the regulations the mass carried on any axle of a motor vehicle or trailer as determined by a prescribed device when tested, sealed and used in the prescribed manner is, after due allowance of the prescribed limits of error, proof, in the absence of evidence to the contrary, of the mass. (2) Without prejudice to any other method of determining the mass of a motor vehicle or of its load or of both, the mass of the load of any motor vehicle carrying passengers may, for the purposes of this Act or the regulations, be calculated on the basis that the mass of 16 adult passengers is 1 tonne. $$A Road Safety Act 1986 - SECT 83 Evidence of testing and sealing 83. Evidence of testing and sealing A certificate in the prescribed form to the effect that any device referred to in section 79 or 82 has been tested or sealed in the prescribed manner, signed or purporting to be signed by a person authorised to do so by the regulations is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof that the device has been so tested or sealed. Road Safety Act 1986 - SECT 83A Evidence relating to prescribed detection devices 83A. Evidence relating to prescribed detection devices (1) A certificate in the prescribed form purporting to be issued by an authorised person certifying- (a) that a prescribed detection device for 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 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 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 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 Police. Road Safety Act 1986 - SECT 84 General evidentiary provisions 84. General evidentiary provisions (1) A certificate containing the prescribed particulars purporting to be issued by the Corporation or the Department of Infrastructure or an authorised person certifying as to any matter which appears in or can be calculated from the records kept by the Corporation or the Department of Infrastructure or a delegate of the Corporation or the Department of Infrastructure is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate. (2) Without affecting the generality of any provision of the Evidence Act 1958, a certificate or document which purports to have been issued under any Act of the Commonwealth or of another State or Territory of the Commonwealth corresponding to this Act and which purports to relate in any way to- (a) the registration or non-registration of a motor vehicle or trailer; or (ab) the registration number assigned to a motor vehicle or trailer; or (ac) the person who is entitled to use or possess a number plate bearing a particular registration number; or (b) the person who is the owner of a motor vehicle or trailer or in whose name a motor vehicle or trailer is registered; or (c) the fact that any person is or is not or was or was not permitted under a learner permit or licensed to drive a motor vehicle or a motor vehicle of any particular class; or (d) the suspension or cancellation of any registration or driver licence; or (e) the GVM, load capacity or identification of any motor vehicle or trailer; or (ea) the fact that a person is, or is not, or was, or was not, a member of, or a participant in, an approved road transport compliance scheme (as defined in section 106); or (f) any other matter relating to the use of motor vehicles or trailers on highways- is, for the purposes of this Act, admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in it. (3) A certificate containing the prescribed particulars purporting to be issued by the Corporation or the Department of Infrastructure certifying that on a particular date a motor vehicle or trailer was registered in the name of a particular person is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that on that date that person was, if that date is before 1 May 1999, the owner and in any other case the registered operator of that motor vehicle or trailer. (4) A certificate or document which purports to 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 a motor vehicle or trailer was registered under the corresponding Act in the name of a particular person is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that on that date that person was the owner of that motor vehicle or trailer. (4A) A certificate containing the prescribed particulars purporting to be issued by the Corporation or the Department of Infrastructure or an authorised person 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 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 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 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- (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 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 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. (4C) A certificate purporting to be issued by the Corporation certifying that on a particular date- (a) a particular registration number was the subject of registration number rights; or (b) a particular person was the owner of registration number rights in respect of a particular registration number- is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in it. (5) In any proceedings for a contravention of section 7(1) proof that a motor vehicle or a trailer attached to a motor vehicle was used on a highway without having affixed to it both the identifying number plates and the appropriate registration label (if any) required by or under this Act is, in the absence of evidence to the contrary, proof that the motor vehicle or trailer was used in contravention of section 7(1). (6) In any proceedings for an offence against this Act or the regulations the statement of a member of the police force or an officer of the Corporation or of the Department of Infrastructure- (a) that writing or markings on a motor vehicle or trailer indicates or indicate the tare mass of the vehicle or trailer is admissible in evidence and, in the absence of evidence to the contrary, is proof of the unladen mass of the vehicle or trailer; (b) as to the mass of a motor vehicle or trailer which he or she has examined is admissible in evidence and, in the absence of evidence to the contrary, is proof of the mass of the vehicle or trailer; (c) that a name written on a motor vehicle or trailer indicates that the named person owns the vehicle or trailer is admissible in evidence and, in the absence of evidence to the contrary, is proof that the named person owns the vehicle or trailer; (d) that an address written on a motor vehicle or trailer indicates that the address is the place of business from which the vehicle or trailer normally operates is admissible in evidence and, in the absence of evidence to the contrary, is proof that the specified address is the place of business from which the vehicle or trailer normally operates. (7) In any proceedings for an offence described in section 66(1)- (a) an image or message produced by a detection device prescribed for the purposes of section 66 used to detect speeding offences when tested, sealed and used in the prescribed manner; or (ab) an image or message produced by a prescribed process when used in the prescribed manner; or (b) an image or message produced by a detection device prescribed for the purposes of section 66 used to detect traffic control signal offences when used in the prescribed manner- showing or indicating- (c) the date, time or location of the alleged offence or the registration number or general identification mark of a motor vehicle involved in the offence is, in the absence of evidence to the contrary, proof that the offence took place on that date or at that time or at that location or in respect of the motor vehicle with that registration number or general identification mark (as the case may be); or (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 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 (d) that a plate marked with the letter P was displayed on a motor vehicle involved in the offence is, in the absence of evidence to the contrary, proof that the motor vehicle was being driven by the holder of a licence issued on probation under this Act during the prescribed period after the date of the issue of the licence; or (e) that a plate marked with the letter L was displayed on a motor vehicle involved in the offence is, in the absence of evidence to the contrary, proof that the motor vehicle was being driven by the holder of a learner permit. (8) In this section- authorised person means a person who is authorised or who is the holder of a position authorised for the purposes of this section by the Corporation. Road Safety Act 1986 - SECT 84A Unofficial breath analysing instruments 84A. Unofficial breath analysing instruments Evidence of the taking of a test indicating the presence or concentration of alcohol in the blood or breath of a person by a breath analysing instrument installed in any licensed premises under the Liquor Control Reform Act 1998, or of the results of that test, is inadmissible in any court or tribunal in any proceedings, whether civil or criminal. Road Safety Act 1986 - SECT 84B Surveillance Devices Act 1999 84B. Surveillance Devices Act 1999 A prescribed process is not a surveillance device within the meaning of the Surveillance Devices Act 1999. Road Safety Act 1986 - SECT 84BAA Double jeopardy 84BAA. Double jeopardy Nothing in section 78(4), 79(2), 80(2) or 81(1A) is intended to have the effect of making a person who at a particular time is both the driver of a towing motor vehicle and of a trailer or motor vehicle that is being towed attached to the towing motor vehicle liable to be prosecuted or punished more than once for the same act or omission connected with the driving of a vehicle at that time. __________________ Road Safety Act 1986 - PART 6AA PART 6AA OPERATOR ONUS Road Safety Act 1986 - SECT 84BA Purpose of this Part 84BA. Purpose of this Part The purpose of this Part is to establish an "operator onus" system for certain offences arising out of the operation of motor vehicles or trailers based on the principle that, if the identity of the driver or person in charge is not established at the time the offence is detected, the person last known to have possession or control of the vehicle or trailer should generally be liable for the offence unless that person can establish that they were not responsible for the vehicle or trailer at the time of the offence and provide information sufficient to identify and locate who was. Road Safety Act 1986 - SECT 84BB Definitions 84BB. Definitions In this Part- authorised tolling person means- (a) a person authorised in writing under section 69B of the Melbourne City Link Act 1995 to carry out functions under Part 4 of that Act; or (b) a person authorised in writing under section 197AA of the EastLink Project Act 2004 to carry out functions under Part 9 of that Act; corresponding body means a body outside Victoria that has functions under a corresponding law that correspond with any of the functions of the Corporation under Division 2 of Part 2; corresponding law means a law of the Commonwealth or of another State or of a Territory that corresponds to Division 2 of Part 2; effective, in relation to an illegal user statement, a known user statement, a sold vehicle statement, a tolling nomination statement or an unknown user statement, means a statement that is, or is accepted by an enforcement official under section 84BE as, and has not ceased to be, an effective statement for the purposes of this Part; enforcement official means- (a) the informant in any proceeding commenced against the operator of a motor vehicle or trailer; or (b) the issuing officer (within the meaning of the Infringements Act 2006) in relation to an infringement notice served on the operator of a motor vehicle or trailer; or (c) the enforcement agency (within the meaning of the Infringements Act 2006) in relation to a penalty reminder notice served on the operator of a motor vehicle or trailer under Part 2 of that Act- in relation to the driving, or being in charge, of the motor vehicle or trailer at the relevant time; illegal user statement, in relation to an offence involving a motor vehicle or trailer, means a statement in writing made by a person to the effect that the person believes that at the time of the offence the motor vehicle or trailer was a stolen motor vehicle or trailer or that the number plates displayed on the motor vehicle or trailer were stolen; known user statement, in relation to an offence involving a motor vehicle or trailer, means a statement in writing made by a person- (a) to the effect that the person was not at the time of the offence driving, or had not at that time possession or control of, the motor vehicle or trailer or the motor vehicle to which the trailer was attached; and (b) containing sufficient information to identify and locate the person who the person making the statement last knew to have, before the offence, possession or control of the motor vehicle or trailer or of the motor vehicle to which the trailer was attached; * * * * * nomination rejection statement means a statement in writing made by a person nominated in a known user statement, a sold vehicle statement or a tolling nomination statement as being the responsible person in relation to a motor vehicle or trailer to the effect- (a) if nominated in a known user statement, that the person had not had possession or control of the motor vehicle or trailer, as the case requires, before the offence, as stated in the known user statement, and did not have possession or control of it at the time of the offence; and (b) if nominated in a sold vehicle statement, that the motor vehicle or trailer, as the case requires, had not been sold or disposed of to the person, and that no interest in it had otherwise vested in the person, as stated in the sold vehicle statement; and (c) if nominated in a tolling nomination statement, that the person was not the responsible person in relation to the motor vehicle at the time of the tolling offence as stated in the tolling nomination statement; operator, in relation to a motor vehicle or trailer at the time of an offence, means each of the following- (a) the registered operator of the motor vehicle or trailer at that time or the person recorded at that time on a register of vehicles maintained under a corresponding law as the person responsible for the motor vehicle or trailer; (b) if the Corporation under the regulations, or a corresponding body under a corresponding law, has received notice of transfer of registration of the motor vehicle or trailer, the person whose name is disclosed in the records kept by the Corporation or the corresponding body (as the case requires) as being responsible for the motor vehicle or trailer at that time; (c) if the motor vehicle or trailer is not registered under this Act or a corresponding law, the person whose name is disclosed in the records kept by the Corporation or the corresponding body as being responsible for the motor vehicle or trailer at that time; (d) if the motor vehicle or trailer 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 Corporation or a corresponding body, was the registered operator of, or (if assigned by a corresponding body) the person recorded on a register of vehicles maintained under the corresponding law as the person responsible for, the motor vehicle or trailer to which that registration number was assigned, whether or not that motor vehicle or trailer is the same as the motor vehicle or trailer involved in the offence; or (ii) the person whose name is disclosed in the records kept by the Corporation or a corresponding body as being entitled, or last entitled, at that time to use or possess that number plate; (e) if the motor vehicle or trailer displays a general identification mark by means of a special identification plate issued by the Corporation under the regulations or by a corresponding body under a corresponding law, the person to whom the mark is assigned at that time; responsible person, in relation to a motor vehicle or trailer at the time of an offence, means each of the following- (a) the operator of the motor vehicle or trailer; (b) in the case of a trailer, the operator of the motor vehicle to which the trailer was attached at that time; (c) the person nominated in an effective known user statement or an effective sold vehicle statement; (d) in the case of a tolling offence, without limiting paragraphs (a), (b) and (c), the person nominated in an effective tolling nomination statement; sold vehicle statement, in relation to an offence involving a motor vehicle or trailer, means a statement in writing made by a person- (a) to the effect that- (i) the person had sold or otherwise disposed of the motor vehicle or trailer before the time of the offence or that any interest in the motor vehicle or trailer had otherwise ceased to be vested in the person before that time; and (ii) the person was not at that time driving, or had not at that time possession or control of, the motor vehicle or trailer or the motor vehicle to which the trailer was attached; and (b) containing sufficient information to identify and locate the person to whom the motor vehicle or trailer was sold or disposed of, or in whom an interest in the motor vehicle or trailer was otherwise vested, and the date and, if relevant, the time of the sale, disposal or vesting; tolling nomination statement, in relation to a tolling offence, means a statement in writing made by an authorised tolling person to the effect that the authorised tolling person believes that the person nominated in the statement is the responsible person in relation to a motor vehicle at the time of the tolling offence; tolling offence means an offence involving a motor vehicle against section 73(1) of the Melbourne City Link Act 1995 or section 204(1) of the EastLink Project Act 2004; unknown user statement, in relation to an offence involving a motor vehicle or trailer (other than a tolling offence), means a statement in writing made by a person to the effect that the person- (a) was not at the time of the offence driving, or had not at that time possession or control of, the motor vehicle or trailer or the motor vehicle to which the trailer was attached; and (b) does not know and could not with reasonable diligence ascertain the identity of the person who was at that time driving or, had at that time possession or control of, the motor vehicle or trailer or the motor vehicle to which the trailer was attached. Road Safety Act 1986 - SECT 84BC Operator onus offences 84BC. Operator onus offences (1) If the Act or legislative instrument that creates an offence that may be committed by the driver or person in charge of a motor vehicle or trailer, or any other Act or legislative instrument, expressly states that the offence is an operator onus offence for the purposes of this Part, then (except as otherwise provided by this Part) the person who at the time of the offence is the responsible person in relation to the motor vehicle or trailer is guilty of the offence as if that person were the driver or person in charge (as the case requires) of the motor vehicle or trailer at that time. (2) Nothing in subsection (1) affects the liability of the person actually driving, or in charge of, as the case requires, the motor vehicle or trailer at the time of the offence. (3) The operator of a motor vehicle or trailer only ceases to be the responsible person in relation to the motor vehicle or trailer if another person is the responsible person in relation to that vehicle or trailer by force of section 84BE or 84BF. (4) A person who by force of this section is guilty of an offence is liable to the same penalties and subject to the same consequences to which the person would have been liable and subject had the person been the driver, or in charge, as the case requires, of the motor vehicle or trailer at the time of the offence. Road Safety Act 1986 - SECT 84BD Effect of payment of penalty, etc. 84BD. Effect of payment of penalty, etc. (1) If by force of section 84BC more than one person may be guilty of an offence involving a motor vehicle or trailer and the full amount of any monetary penalty is paid (and not refunded under section 88(4)) and any other necessary consequence (including the recording of demerit points against the person) is suffered by any one of them in relation to the offence, no further penalty or consequence may be imposed on or recovered from that person or any other person in relation to the offence. * * * * * (3) Despite subsection (1), the payment of a monetary penalty or the recording of demerit points in relation to an offence that is an operator onus offence by force of section 66 may be recorded and used for the purposes of determining the period or periods for which a person may be required to hold a driver licence on probation. Road Safety Act 1986 - SECT 84BE Use of effective statement to avoid liability 84BE. Use of effective statement to avoid liability (1) A person is not guilty of an offence by force of section 84BC if- (a) within the prescribed period the person, or an authorised tolling person, gives to an enforcement official- (i) an illegal user statement; or (ii) a known user statement; or (iii) a sold vehicle statement; or (iv) subject to subsection (1A), an unknown user statement; or (v) a tolling nomination statement; and (b) the statement is an effective statement for the purposes of this Part. Notes 1. A statement may cease to be an effective statement under section 84BF. 2. It is an offence to provide false or misleading information in a statement: see section 84BI. (1A) A person nominated in a tolling nomination statement may not make, or give to an enforcement official, an unknown user statement in relation to a tolling offence. (2) Information contained in a known user statement, a sold vehicle statement or a tolling nomination statement identifying a person is sufficient for the purposes of this Part if it contains- (a) in the case of an individual, his or her full name and current home address and either his or her date of birth or the number of the licence or permit authorising him or her to drive and, if that licence or permit is issued by a corresponding Authority, the name of that Authority; and (b) in the case of a person other than an individual, its full name and current address and (where applicable) its Australian Business Number or Australian Company Number; and (ba) reasons for nominating the individual under paragraph (a) or person under paragraph (b); and (c) in any case, any other prescribed information. (3) A statement containing all the information required by subsection (2) is an effective statement for the purposes of this Part. (4) In addition, an enforcement official may decide to accept a known user statement, a sold vehicle statement or a tolling nomination statement as an effective statement for the purposes of this Part even if it does not contain all the information required by subsection (2) if the enforcement official is satisfied that it contains sufficient information to identify and locate the nominated person. (4A) If an authorised tolling person gives an enforcement official a tolling nomination statement, and the nomination made in the statement is based on a belief formed after receiving a statement or statements made under Part 4 of the Melbourne City Link Act 1995 or Part 9 of the EastLink Project Act 2004- (a) an enforcement official may request the statement or statements be given to the official; and (b) the authorised tolling person must give a copy or copies of the statement or statements made under the Melbourne City Link Act 1995 or the EastLink Project Act 2004 to the official as soon as practicable after the official makes the request. (5) An enforcement official may decide to accept an illegal user statement as an effective statement for the purposes of this Part if satisfied as to the matters, and any reasons set out in support of those matters, stated in the statement. (5A) An enforcement official may decide to accept an unknown user statement as an effective statement if the enforcement official is satisfied that it states- (a) that, at the time of the offence, the person was not driving, or had not at that time possession or control of the motor vehicle or trailer or the motor vehicle to which the trailer was attached; and (b) reasons in support of the matters raised under paragraph (a) that- (i) are adequate and reasonable in the circumstances; and (ii) explain why the person could not, with reasonable diligence, ascertain the identity of the person who was at that time driving or at that time was last known to have had possession or control of the motor vehicle or trailer, or the motor vehicle to which the trailer was attached. (6) An enforcement official to whom a known user statement, sold vehicle statement or tolling nomination statement (not containing all the information required by subsection (2)) or an illegal user statement or an unknown user statement is given under subsection (1) must, within the prescribed period, cause a notice to be served on the person who gave the statement stating whether or not the enforcement official has decided under subsection (4), (5) or (5A) (as the case requires) to accept the statement as an effective statement for the purposes of this Part. (7) If subsection (6) is not complied with in respect of a statement, the enforcement official must be taken to have decided to accept the statement as an effective statement for the purposes of this Part. (8) A notice under subsection (6) may be served by post addressed to the person at an authorised address (within the meaning of section 163A of the Infringements Act 2006). (9) A notice under subsection (6) served in accordance with subsection (8) and returned undelivered to its sender is deemed to be served 14 days after the date specified in the notice as the date of the notice, despite it being returned to its sender as undelivered. (10) Subsection (9) has effect despite anything to the contrary in section 49(1) of the Interpretation of Legislation Act 1984. Road Safety Act 1986 - SECT 84BF Cancellation of acceptance of statement 84BF. Cancellation of acceptance of statement (1) An enforcement official may cancel the acceptance of a statement as an effective statement for the purposes of this Part (including a statement taken to have been accepted by force of section 84BE(7))- (a) if in the case of a known user statement, a sold vehicle statement or a tolling nomination statement, the person nominated in the statement as being the responsible person gives to an enforcement official within the prescribed period a nomination rejection statement and the enforcement official is satisfied, having regard to the matters stated in the nomination rejection statement, that the nomination was incorrect; or Note It is an offence to provide false or misleading information in a statement: see section 84BI. (b) if in the case of a statement not containing all the information required by section 84BE(2), the information contained in the statement proves not to be sufficient to identify or locate the nominated person; or (c) in prescribed circumstances. (2) If the acceptance of a statement as an effective statement is cancelled under subsection (1), on that cancellation- (a) the statement ceases to be an effective statement for the purposes of this Part; and (b) the person who would, but for the statement, have continued to be the responsible person in relation to the motor vehicle or trailer (as the case requires) becomes again the responsible person. Road Safety Act 1986 - SECT 84BG Proceedings against nominated persons 84BG. Proceedings against nominated persons (1) A proceeding against a person nominated in an effective known user statement, sold vehicle statement or tolling nomination statement for an offence to which this Part applies may be commenced not later than 12 months after- (a) the day on which the statement was given to the enforcement official; or (b) if the statement again becomes an effective statement because of the cancellation under section 84BF(1) of the acceptance of a subsequent statement, the day on which the subsequent statement is cancelled. (2) In a proceeding referred to in subsection (1) the known user statement, sold vehicle statement or tolling nomination statement is evidence and, in the absence of evidence to the contrary, proof of the matters stated in it. (3) A proceeding against a person (other than a person nominated in an effective known user statement or sold vehicle statement) who, by force of section 84BF(2), becomes again the responsible person in relation to the motor vehicle or trailer at the time of an offence to which this Part applies may be commenced not later than 12 months after the day on which that person again became the responsible person. Road Safety Act 1986 - SECT 84BH Defences to operator onus offences 84BH. Defences to operator onus offences In a proceeding for an operator onus offence it is a defence to the charge for the defendant to prove any of the following- (a) that the defendant had made an illegal user statement, a known user statement, a sold vehicle statement or an unknown user statement within the prescribed period and that the statement is, or ought to have been accepted by an enforcement official as, an effective statement for the purposes of this Part; (b) that the acceptance as an effective statement for the purposes of this Part of an illegal user statement, known user statement, sold vehicle statement or unknown user statement made by the defendant ought not to have been cancelled under section 84BF(1); (ba) that the acceptance as an effective statement for the purposes of this Part of a tolling nomination statement made by an authorised tolling person ought not to have been cancelled under section 84BF(1); (c) if the proceeding against the defendant is based on a nomination made in a known user statement, sold vehicle statement or tolling nomination statement, that the defendant had made a nomination rejection statement and that an enforcement official ought to have been satisfied, having regard to the matters stated in the nomination rejection statement, that the nomination was incorrect. * * * * * Road Safety Act 1986 - SECT 84BI Offence to provide false or misleading information 84BI. Offence to provide false or misleading information A person must not in a statement given under section 84BE(1) or 84BF(1)(a) to an enforcement official provide information that the person knows to be false or misleading. Penalty: 60 penalty units. __________________ Road Safety Act 1986 - PART 6A PART 6A IMPOUNDMENT, IMMOBILISATION AND FORFEITURE OF MOTOR VEHICLES Division 1-Preliminary Road Safety Act 1986 - SECT 84C Definitions 84C. Definitions (1) In this Part- appeal period, in relation to a conviction or an impoundment or immobilisation order or a forfeiture order, means the period ending- (a) if the period provided for the lodging of an appeal against the conviction or order has ended without such an appeal having been lodged, at the end of that period; or (b) if an appeal against the conviction or order has been lodged, when the appeal is abandoned or finally determined; authorised person means a person authorised by a member of the police force under section 84J; conviction, in relation to a relevant offence, includes a finding of guilt of the relevant offence without the recording of a conviction; designated costs means the cost of impounding or immobilising a motor vehicle under this Part including, where relevant, the cost of- (a) driving or moving the motor vehicle to a holding yard or place where the motor vehicle is to be immobilised; and (b) storing the motor vehicle at the holding yard or place where the motor vehicle is immobilised; and (c) releasing the motor vehicle from the holding yard or from immobilisation- and includes any additional costs incurred if the motor vehicle is impounded or immobilised for longer than the designated period or the period specified under an impoundment or immobilisation order; designated period, in relation to a motor vehicle, means the period of 48 hours beginning with the seizure or surrender of the motor vehicle under section 84G or 84H, but if the period expires outside of normal business hours, the period extends to 9.00 a.m. on the next business day, being a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993; disposal order means an order made under section 84ZW; driver, in relation to a motor vehicle, means the person who was driving or in charge of the motor vehicle at the time when it was involved in the commission of a relevant offence; forfeiture order means an order made by a court under section 84T; hired, in relation to a motor vehicle, means a motor vehicle that- (a) is owned by a person whose business is the short term hire of motor vehicles; and (b) is part of the business's fleet; and (c) under a written agreement, is hired for the hirer's short term use; holding yard means a place used for the storage of motor vehicles impounded under this Part; impoundment or immobilisation order means an order made by a court under section 84S; improper use of a motor vehicle, in relation to a relevant offence, means the driving of a motor vehicle in a manner which intentionally causes the motor vehicle to undergo loss of traction by one or more of the wheels of the motor vehicle; public place has the same meaning as in the Summary Offences Act 1966; relevant court, in relation to an application made under this Part, means- (a) the court with jurisdiction to hear and determine the relevant offence to which the application relates; or (b) if an application is made after the sentencing of the driver for a relevant offence, the Magistrates' Court; relevant offence means- (a) subject to subsection (2), an offence against section 30(1); (b) an offence against section 64(1)- (i) in circumstances involving improper use of a motor vehicle; or (ii) in circumstances in which a motor vehicle is driven at 45 km per hour or more over the applicable speed limit; or (iii) in circumstances in which a motor vehicle is driven, if the applicable speed limit is 110 km per hour, at a speed of 145 km per hour or more; (ba) an offence against section 64A(1); (c) an offence against section 65 in circumstances involving improper use of a motor vehicle; (d) an offence against section 65A(1); (e) an offence against section 68(1) or (2); (ea) an offence against section 68B; (f) an offence against rule 20 of the Road Rules in circumstances where the motor vehicle is driven- (i) at 45 kilometres per hour or more over the applicable speed-limit; or (ii) if the applicable speed-limit is 110 kilometres per hour, at a speed of 145 kilometres per hour or more; (g) an offence against rule 291 of the Road Rules in circumstances involving improper use of a motor vehicle; (h) an offence against rule 297 of the Road Rules in circumstances involving improper use of a motor vehicle; Road Rules means the Road Rules as defined in regulation 105(1) of the Road Safety (Road Rules) Regulations 1999; search and seizure warrant means a warrant issued under section 84ZH(1); senior police officer means a member of the police force of or above the rank of Inspector; substituted motor vehicle means a motor vehicle subject to an order for substitution made under section 84V(3); tow truck has the same meaning as in the Accident Towing Services Act 2007. (2) An offence against section 30(1) is only a relevant offence in relation to a person if that person had at any other time since the commencement of Part 2 of the Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 been convicted of an offence against that section committed on or after that commencement. (3) For the purposes of an application for an impoundment or immobilisation order or a forfeiture order, a charge of more than one relevant offence arising out of the same single set of circumstances is to be treated as a charge of one relevant offence. (4) For the purposes of subsection (3), a single set of circumstances is constituted by one continuous period during which a person continues to drive or be in charge of a motor vehicle. Road Safety Act 1986 - SECT 84D This Part does not affect other penalties 84D. This Part does not affect other penalties The impoundment, immobilisation or forfeiture of a motor vehicle under this Part arising out of the commission of a relevant offence is in addition to, and does not limit or otherwise affect, any penalty that may be imposed on the person for the relevant offence other than under this Part. Road Safety Act 1986 - SECT 84E Part has prospective application 84E. Part has prospective application (1) This Part applies only to offences committed on or after the commencement of Part 2 of the Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005. (2) For the purposes of Division 3, a second or third offence is only a second or third offence if the first offence was, or the first and second offences were (as the case requires) committed on or after the commencement of Part 2 of the Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005. Division 2-Impoundment or immobilisation by Victoria Police Road Safety Act 1986 - SECT 84F Powers of Victoria Police 84F. Powers of Victoria Police (1) If a member of the police force believes on reasonable grounds that a motor vehicle is being, or has been used in the commission of a relevant offence, he or she may- (a) seize the motor vehicle or require it to be surrendered; and (b) impound or immobilise the motor vehicle for the designated period; and (c) authorise any person under section 84J to assist in seizing, impounding or immobilising the motor vehicle. (2) If a member of the police force has exercised a power to seize and impound or immobilise a motor vehicle under this Division and that motor vehicle has since been released, the power to seize, impound or immobilise a motor vehicle under this Division for the same relevant offence is exhausted. Road Safety Act 1986 - SECT 84G Seizure of motor vehicle 84G. Seizure of motor vehicle (1) For the purposes of impounding or immobilising a motor vehicle under this Part, a member of the police force may seize the motor vehicle- (a) from a public place; or (b) from a place that is not a public place with the consent of the owner or occupier of that place; or (c) from a place that is not a public place with a search and seizure warrant issued under Division 4. (2) The period within which a motor vehicle may be seized under subsection (1) is- (a) in the case of seizure from a public place or a place that is not a public place with the consent of the owner or occupier of that place- (i) 48 hours after the alleged commission of the relevant offence; or (ii) if a notice is served under section 84H(1), 10 days after the expiry of the period specified in that notice; or (b) in the case of seizure from a place that is not a public place under a search and seizure warrant issued under Division 4, the period specified in that warrant. (3) In order to seize a motor vehicle a member of the police force may- (a) require the driver of the motor vehicle to stop the motor vehicle and cause it to remain stopped; (b) enter the motor vehicle, using reasonable force if necessary, for the purpose of moving the motor vehicle; (c) direct the driver, or any person in possession of the ignition keys or other keys to the motor vehicle, to give the keys to a member of the police force or an authorised person; (d) if, after having taken reasonable steps to obtain the keys, the keys are not available, cause any locking device or other feature of the motor vehicle that is impeding the exercise of the power to seize the motor vehicle to be removed, dismantled or neutralised, and start the motor vehicle by other means. Road Safety Act 1986 - SECT 84H Surrender of motor vehicle $$T 84H. Surrender of motor vehicle (1) If, more than 48 hours after the commission of a relevant offence, a member of the police force believes on reasonable grounds that a motor vehicle has been used in the commission of a relevant offence, he or she may serve a notice on the registered operator of the motor vehicle requiring the surrender of the motor vehicle. Note See section 93 for how a notice may be served. (2) A notice served under subsection (1) must- (a) be served- (i) if the relevant offence is a prescribed offence detected by a prescribed detection device for the purposes of section 66 and the detection device is used in the prescribed manner, within 28 days of the commission of the relevant offence; or (ii) in any other case, within 10 days of the commission of the relevant offence; and (b) allow at least 7 days after the notice is served for the surrender of the motor vehicle. (3) A notice under subsection (1) must include- (a) a statement by a member of the police force that the motor vehicle is liable to impoundment or immobilisation because that member believes on reasonable grounds that the motor vehicle was used in the commission of a relevant offence- (i) if the relevant offence was detected by a prescribed detection device, within the preceding 28 days; or (ii) in any other case, within the preceding 10 days; and (b) a statement of the nature of the relevant offence and the date and time when the relevant offence is alleged to have been committed; and (c) the name of the driver of the motor vehicle who is alleged to have committed the relevant offence; and (d) the date, time and place at which the motor vehicle is required to be surrendered to a member of police personnel; and (e) a statement that if the motor vehicle is not surrendered at the date, time and place specified in the notice a member of the police force may seize the motor vehicle in accordance with section 84G; and (f) the prescribed particulars (if any). (3A) A registered operator served with a notice under subsection (1) must comply with the notice, unless the registered operator has a reasonable excuse. Penalty: 60 penalty units. (4) If the motor vehicle is not surrendered to a member of police personnel at the date, time and place specified in a notice served under subsection (1), a member of the police force may, within 10 days after the period specified in the notice expires, exercise any power under section 84F or 84G to seize the motor vehicle. Road Safety Act 1986 - SECT 84I Impoundment or immobilisation of a motor vehicle 84I. Impoundment or immobilisation of a motor vehicle If a motor vehicle is seized or surrendered in accordance with section 84G or 84H, a member of the police force may- (a) move, or cause to be moved, the motor vehicle to a holding yard by any reasonable and appropriate means and impound it there for the balance of the designated period; or (b) cause the motor vehicle to be immobilised (whether by wheel clamps or any other means) for the balance of the designated period- and may do anything else reasonably necessary to impound or immobilise the motor vehicle. Road Safety Act 1986 - SECT 84J Powers of persons authorised by Victoria Police 84J. Powers of persons authorised by Victoria Police In exercising powers under this Part a member of the police force may authorise any person to assist him or her to- (a) enter a motor vehicle; (b) remove, dismantle or neutralise any locking device or other relevant feature of a motor vehicle; (c) drive or move a motor vehicle to a holding yard by any reasonable means, including by the use of a tow truck; (d) cause a motor vehicle to be immobilised (whether by wheel clamps or any other means); (e) store a motor vehicle in a holding yard; (f) release a motor vehicle when authorised by a member of the police force to do so. Road Safety Act 1986 - SECT 84K Notice to driver and registered operator ECT 84K. Notice to driver and registered operator (1) As soon as is reasonably practicable after a motor vehicle is impounded or immobilised under this Division, a member of the police force must serve written notice of the impoundment or immobilisation on- (a) the driver of the motor vehicle; and (b) if the driver is not the registered operator, the registered operator of the motor vehicle. (2) If the registered operator of the motor vehicle is not the owner or sole owner of the motor vehicle, the registered operator must, as soon as is reasonably practicable, take reasonable steps to serve a copy of the notice served under subsection (1) on any owner of the motor vehicle. Note See section 93 for how a notice may be served. Road Safety Act 1986 - SECT 84L Content of notice 84L. Content of notice A notice under section 84K must be in a form approved by the Chief Commissioner of Police and must state- (a) the driver's name; and (b) the motor vehicle registration number and the make and model of the motor vehicle; and (c) the date and time when the motor vehicle was impounded or immobilised; and (d) the relevant offence in respect of which the motor vehicle has been impounded or immobilised; and (e) the date and time when the motor vehicle is eligible for release; and (f) the process by which the impounded or immobilised motor vehicle may be released, including- (i) the location of the motor vehicle; and (ii) the designated costs payable; and (iii) if relevant, the contact details of the person who can release an immobilised motor vehicle; and (iv) that satisfactory evidence of the entitlement of a person seeking to have the motor vehicle released may be required before the motor vehicle will be released; and (g) that if the driver has committed a previous relevant offence since the commencement of Part 2 of the Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005 the Chief Commissioner of Police may apply to the relevant court for an order that- (i) if the driver has been found guilty of one relevant offence within the 3 years immediately preceding the date of the relevant offence to which the notice relates, the motor vehicle be impounded or immobilised for a period of up to 3 months; or (ii) if the driver has been found guilty of 2 or more relevant offences within the 3 years immediately preceding the date of the relevant offence to which the notice relates, the motor vehicle be forfeited to the Crown; and (h) any other prescribed particulars. Road Safety Act 1986 - SECT 84M Review by a senior police officer 84M. Review by a senior police officer (1) A member of the police force who impounds or immobilises a motor vehicle, or who authorises another person to do so, must, as soon as is practicable and in any event within 48 hours after the motor vehicle is impounded or immobilised, notify a senior police officer of the grounds on which he or she relied in forming the belief that the motor vehicle was used in the commission of a relevant offence. (2) A senior police officer who is notified in accordance with subsection (1) must make inquiries into the circumstances of the impoundment or immobilisation and if, after making those inquiries, he or she is not satisfied that there were reasonable grounds to impound or immobilise the motor vehicle, must ensure that the motor vehicle is returned to the registered operator as soon as is practicable. Road Safety Act 1986 - SECT 84N Release of motor vehicle by Victoria Police 84N. Release of motor vehicle by Victoria Police (1) A motor vehicle must be released to the registered operator or any other person entitled to possession as soon as is practicable if- (a) a member of the police force is satisfied that, at the time the relevant offence was committed, the motor vehicle used in the commission of the relevant offence was stolen or hired; or (b) under section 84M a senior police officer is not satisfied that there were reasonable grounds to impound or immobilise the motor vehicle; or (c) a senior police officer considers it reasonable or necessary to release the motor vehicle; or (d) the Magistrates' Court has made an order under section 84O(3). (2) If a motor vehicle is released in accordance with subsection (1)(a) or (b) the Crown is liable to pay the designated costs. (3) A senior police officer may, at his or her discretion, waive the designated costs if a motor vehicle is released in accordance with subsection (1)(c). (4) If- (a) a motor vehicle is released without any designated costs payable by a person seeking the release of the motor vehicle in accordance with this section; and (b) the driver is subsequently found guilty of the relevant offence for which the motor vehicle was impounded or immobilised- the Chief Commissioner of Police may apply to the relevant court for an order that the driver pay to the Chief Commissioner of Police the designated costs. Road Safety Act 1986 - SECT 84O Appeal rights 84O. Appeal rights (1) If a motor vehicle is impounded or immobilised under this Division, a person whose interests are substantially affected by the impoundment or immobilisation of the motor vehicle may apply to the Magistrates' Court for an order that the motor vehicle be released on the ground that the impoundment or immobilisation is causing, or will cause, exceptional hardship to the applicant or any other person. (2) An application under subsection (1) may be made at any time while the motor vehicle remains impounded or immobilised, including where the impoundment or immobilisation continues for longer than the designated period as a result of non-payment of the designated costs. (3) On an application made under subsection (1), the Magistrates' Court may make an order that a motor vehicle impounded or immobilised under this Division be released to a specified person if the Court is satisfied that the impoundment or immobilisation is causing, or will cause, exceptional hardship to the applicant or any other person. (4) If the Magistrates' Court makes an order under subsection (3) it may order that the applicant is not liable to pay all or part of the designated costs. Road Safety Act 1986 - SECT 84P Offences 84P. Offences (1) A person must not, except in accordance with this Part or section 63A, move an impounded or immobilised motor vehicle or tamper with any of the equipment used to immobilise a motor vehicle. Penalty: 60 penalty units. (2) It is not an offence under subsection (1) to move an impounded or immobilised motor vehicle or disable any of the equipment used to immobilise a motor vehicle- (a) if the impounded or immobilised motor vehicle is obstructing access to any property and it is necessary to move the motor vehicle to protect any person or property from a risk of imminent harm; or (b) to protect the motor vehicle from a risk of imminent harm. Example If an immobilised motor vehicle is located outside a burning house, emergency service personnel may move the motor vehicle if it is necessary to do so in order to gain access to the property or to ensure the safety of the motor vehicle. (3) A person must not obstruct or hinder an authorised person in the valid exercise of a power under this Part. Penalty: 60 penalty units. Road Safety Act 1986 - SECT 84Q Recovery of motor vehicle 84Q. Recovery of motor vehicle (1) An impounded or immobilised motor vehicle must be released to the registered operator or any other person entitled to possession of it- (a) on the expiration of the designated period; and (b) on the payment of the designated costs; and (c) on provision of satisfactory evidence, as prescribed, of that person's identity and his or her entitlement to recover the motor vehicle; and (d) subject to satisfactory compliance with the prescribed particulars (if any). (2) If no decision or order to release the motor vehicle has been made under section 84N or 84O, a member of the police force or an authorised person may- (a) retain possession of an impounded motor vehicle; or (b) continue to immobilise a motor vehicle- in accordance with this Division until the designated costs are paid, even if the period during which the motor vehicle is impounded or immobilised is longer than the designated period. Road Safety Act 1986 - SECT 84R Crown to pay costs if driver found not guilty or charges not proceeded with 84R. Crown to pay costs if driver found not guilty or charges not proceeded with If- (a) the driver of a motor vehicle is subsequently found not guilty of the relevant offence in respect of which the motor vehicle was impounded or immobilised and is not found guilty of any other relevant offence arising out of the same single set of circumstances; or (b) no charge for a relevant offence is laid or such a charge is laid but not proceeded with within 12 months after the motor vehicle was impounded or immobilised- then- (c) the Crown is liable to refund any designated costs paid by any person; or (d) the motor vehicle, if not already recovered by the registered operator or any other person entitled to possession of it, must be immediately released without any designated costs payable by the person seeking recovery of the motor vehicle. Division 3-Impoundment, immobilisation or forfeiture by court order Road Safety Act 1986 - SECT 84S Impoundment or immobilisation order 84S. Impoundment or immobilisation order (1) On the application of the Chief Commissioner of Police under section 84U(1), if a driver is found guilty of a relevant offence the relevant court may order that the motor vehicle used in the commission of the relevant offence or a substituted motor vehicle be impounded or immobilised for a period of up to 3 months. (2) An order under subsection (1) may only be made if the relevant court is satisfied- (a) that the defendant has been found guilty of one previous relevant offence committed in the period of 3 years before the commission of the relevant offence; and (b) that, if the application is in respect of the motor vehicle used in the commission of the relevant offence, at the time the relevant offence was committed that motor vehicle was not- (i) a stolen motor vehicle; or (ii) a hired motor vehicle; or (iii) being used in any prescribed circumstances. (3) An order made under subsection (1) must specify the time and place at which the registered operator of the motor vehicle is required to surrender the motor vehicle to a member of police personnel. (4) The registered operator of the motor vehicle must not, without reasonable excuse, fail to surrender the motor vehicle at the time and place specified in the order made under subsection (1). Penalty: 60 penalty units. Road Safety Act 1986 - SECT 84T Forfeiture order 84T. Forfeiture order (1) On the application of the Chief Commissioner of Police under section 84U(1), if a driver is found guilty of a relevant offence the relevant court may order that the motor vehicle used in the commission of the relevant offence or a substituted motor vehicle be forfeited to the Crown. (2) An order under subsection (1) may only be made if the relevant court is satisfied- (a) that the defendant has been found guilty of 2 or more previous relevant offences committed in the period of 3 years before the commission of the relevant offence; and (b) that, if the application is in respect of the motor vehicle used in the commission of the relevant offence, at the time the relevant offence was committed that motor vehicle was not- (i) a stolen motor vehicle; or (ii) a hired motor vehicle; or (iii) being used in any prescribed circumstances. (3) An order made under subsection (1) must specify the time and place at which the registered operator of the motor vehicle is required to surrender the motor vehicle to a member of police personnel. (4) The registered operator of the motor vehicle must not, without reasonable excuse, fail to surrender the motor vehicle at the time and place specified in the order made under subsection (1). Penalty: 60 penalty units. Road Safety Act 1986 - SECT 84U Application for an impoundment or immobilisation order or a forfeiture order 84U. Application for an impoundment or immobilisation order or a forfeiture order (1) An application for an impoundment or immobilisation order or a forfeiture order may be made by the Chief Commissioner of Police to the relevant court if the Chief Commissioner believes on reasonable grounds that- (a) if the motor vehicle is not a substituted motor vehicle, it was- (i) used in the commission of the relevant offence; and (ii) at the time the relevant offence was committed the motor vehicle was not stolen, hired or used in prescribed circumstances; and (b) the driver has been found guilty of a previous relevant offence or offences (as the case requires) committed within the period of 3 years before the commission of the relevant offence. (2) An application under subsection (1) may be made at any time after a charge is laid in relation to a relevant offence, but may not be made later than 28 days after the driver is sentenced for a relevant offence. Road Safety Act 1986 - SECT 84V Substitution of motor vehicle 84V. Substitution of motor vehicle (1) If the driver of a motor vehicle used in the commission of a relevant offence is not the registered operator of that motor vehicle, the Chief Commissioner of Police may apply to the relevant court for an order that another motor vehicle, for which the driver is the registered operator, be subject to an impoundment or immobilisation order or a forfeiture order. (2) An application made under subsection (1) must- (a) be made in conjunction with an application under section 84U(1); and (b) specify the motor vehicle that was used in the commission of the relevant offence; and (c) specify the motor vehicle that is sought to be substituted for the motor vehicle used in the commission of the relevant offence. (3) The relevant court may make an order for the substitution of a motor vehicle if the court is satisfied that- (a) the driver is not the registered operator of the motor vehicle used in the commission of the relevant offence; and (b) the driver is the registered operator of the motor vehicle sought to be substituted; and (c) a substitution order would not cause undue hardship to any person. Road Safety Act 1986 - SECT 84W Notice of application 84W. Notice of application (1) If the Chief Commissioner of Police intends to make an application under section 84U(1), or under both sections 84U(1) and 84V(1), he or she must, at least 28 days before making the application, serve notice of the intended application on- (a) the driver; and (b) the registered operator of the motor vehicle in respect of which an order is to be sought, if he or she is not the driver referred to in paragraph (a); and (c) any person who the Chief Commissioner of Police is aware has an interest in the motor vehicle in respect of which an order is to be sought; and (d) the Corporation. Note See section 93 for how a notice may be served. (2) A notice under subsection (1) must specify the motor vehicle in respect of which an order is to be sought. (3) A notice served under subsection (1) must state- (a) that if the driver is found guilty of a relevant offence, an application for an impoundment or immobilisation order or a forfeiture order will be made by the Chief Commissioner of Police in respect of the motor vehicle specified in the notice; and (b) the registration number of that motor vehicle; and (c) that a person named in the notice may appear before the relevant court at the hearing of the application and show cause why the order should not be made; and (d) that the person on whom the notice is served must not sell or otherwise dispose of his or her interest in the relevant motor vehicle without the approval of the relevant court. (4) If a notice has been served under subsection (1) in respect of the motor vehicle used in the commission of the relevant offence, a notice in respect of a substituted motor vehicle may only be served under this section if the original notice has been withdrawn. Road Safety Act 1986 - SECT 84X Interest in motor vehicle not to be transferred 84X. Interest in motor vehicle not to be transferred (1) A person on whom a notice is served under section 84W(1) must not, before the application referred to in the notice is made and determined, or if an impoundment or immobilisation order or a forfeiture order is made, before the motor vehicle is seized under this Division, without the approval of the relevant court, sell or otherwise dispose of any interest in the motor vehicle that is the subject of the notice. Penalty: 60 penalty units. (2) Subsection (1) ceases to apply if- (a) the driver is found not guilty of the relevant offence for which the application is made and is not found guilty of any other relevant offence arising out of the same single set of circumstances; or (b) the Chief Commissioner of Police does not make the application referred to in the notice within 28 days after the driver is sentenced for a relevant offence; or (c) the charge for that relevant offence is withdrawn and no other charge is laid for any other relevant offence arising out of the same single set of circumstances. Road Safety Act 1986 - SECT 84Y Notice where 2 or more charges laid 84Y. Notice where 2 or more charges laid (1) If a driver has been charged with 2 or more relevant offences, the Chief Commissioner of Police may, before the charges are heard or determined, serve a notice on- (a) the driver; and (b) the registered operator of the motor vehicle in respect of which an order is to be sought, if he or she is not the driver referred to in paragraph (a); and (c) any person who the Chief Commissioner of Police is aware has an interest in the motor vehicle in respect of which an order is to be sought; and (d) the Corporation. (2) A notice under subsection (1) must specify the motor vehicle in respect of which an order is to be sought. (3) A notice served under subsection (1) must state- (a) that the Chief Commissioner of Police intends to make an application for an impoundment or immobilisation order or a forfeiture order in relation to a specified motor vehicle if the driver is convicted of 2 or more previous relevant offences; and (b) the registration number of the motor vehicle that is the subject of the notice; and (c) that a person named in the notice may, if the Chief Commissioner makes the application, appear before the relevant court at the hearing of the application and show cause why the order should not be made; and (d) that the person on whom the notice is served must not sell or otherwise dispose of his or her interest in the relevant motor vehicle without the approval of the relevant court. (4) A person on whom a notice is served under subsection (1) must not, before the application referred to in the notice is made and determined, or if an impoundment or immobilisation order or a forfeiture order is made, before the motor vehicle is seized under this Division, without the approval of the relevant court, sell or otherwise dispose of any interest in the motor vehicle that is the subject of the notice. Penalty: 60 penalty units. (5) Subsection (4) ceases to apply if- (a) the driver is found not guilty of one or more relevant offences which results in the driver being subject to only one remaining charge for a relevant offence; or (b) the Chief Commissioner of Police does not make the application referred to in the notice within 28 days after the driver is sentenced for the second or third relevant offence; or (c) the charges for one or more of the relevant offences specified in the notice are withdrawn which results in the driver being subject to only one remaining charge for a relevant offence. Road Safety Act 1986 - SECT 84YA Direction not to transfer registration or register motor vehicle 84YA. Direction not to transfer registration or register motor vehicle (1) Within 7 days after service of a notice under section 84W(1) or 84Y(1), the Chief Commissioner of Police must direct the Corporation- (a) not to transfer the registration of the motor vehicle that is the subject of the notice from the registered operator to another person; or (b) not to register (other than by way of renewal) the motor vehicle that is the subject of the notice, unless the applicant for registration was the most recent registered operator of that motor vehicle- until the Chief Commissioner notifies the Corporation that the direction has ceased in accordance with subsection (3). (2) Subsection (1) applies whether or not an actual application for transfer of registration or registration has been made. (3) The Chief Commissioner of Police must notify the Corporation that the direction not to transfer registration or register under subsection (1) has ceased when any of the following occurs- (a) if a notice is served under section 84W(1)- (i) the driver is found not guilty of the relevant offence for which the application specified in the notice is made and the driver is not found guilty of any other relevant offence arising out of the same single set of circumstances; (ii) the Chief Commissioner of Police does not make the application referred to in the notice within 28 days after the driver is sentenced for a relevant offence; (iii) the charge for the relevant offence specified in the notice is withdrawn and no other charge is laid for any other relevant offence arising out of the same single set of circumstances; (b) if a notice is served under section 84Y(1)- (i) the driver is found not guilty of one or more relevant offences which results in the driver being subject to only one remaining charge for a relevant offence; (ii) the Chief Commissioner of Police does not make the application referred to in the notice within 28 days after the driver is sentenced for the second or third relevant offence; (iii) the charges for one or more of the relevant offences specified in the notice are withdrawn which results in the driver being subject to only one remaining charge for a relevant offence; (c) the court hearing the application declines to make an impoundment or immobilisation order or a forfeiture order; (d) the court sets aside an impoundment or immobilisation order or a forfeiture order under section 84ZA; (e) an impoundment or immobilisation order or a forfeiture order is set aside on appeal or, as a result of a conviction for a relevant offence being set aside on appeal, the order ceases to have effect; (f) the period of impoundment or immobilisation specified in an impoundment or immobilisation order ends; (g) a forfeiture order becomes effective and a member of the police force or an authorised person takes possession of the motor vehicle that is the subject of the forfeiture order. Note Section 84ZB sets out when an order takes effect. Road Safety Act 1986 - SECT 84YB Corporation not to transfer registration or register motor vehicle 84YB. Corporation not to transfer registration or register motor vehicle (1) If directed by the Chief Commissioner of Police under section 84YA, and until notified by the Chief Commissioner under that section that the direction has ceased, the Corporation must not- (a) transfer the registration of the motor vehicle that is the subject of a notice served under section 84W(1) or 84Y(1) from the registered operator to another person; or (b) register (other than by way of renewal) the motor vehicle that is the subject of a notice served under section 84W(1) or 84Y(1), unless the applicant for registration was the most recent registered operator of that motor vehicle. (2) If the Chief Commissioner of Police gives a direction under section 84YA(1) in respect of a motor vehicle, the Corporation must send to the registered operator of the motor vehicle a notice advising that no transfer of registration will occur in relation to that motor vehicle until the Chief Commissioner gives notification under section 84YA(3). Road Safety Act 1986 - SECT 84YC Cessation of direction under this Act does not affect any suspension 84YC. Cessation of direction under this Act does not affect any suspension The cessation of a direction not to transfer the registration of, or register, a motor vehicle under this Division does not affect the suspension of that registration under any other Act or law. Road Safety Act 1986 - SECT 84Z Hearing of application 84Z. Hearing of application (1) The relevant court hearing an application for an impoundment or immobilisation order or a forfeiture order- (a) must allow any person served with a notice under section 84W(1) or 84Y(1) to be heard at the hearing of the application and to show cause why an impoundment or immobilisation order or a forfeiture order should not be made; and (b) may allow any other person to be heard if the court is satisfied that an impoundment or immobilisation order or a forfeiture order may substantially affect that person's interests. (2) The court must not make an impoundment or immobilisation order or a forfeiture order if the registered operator of the motor vehicle that was used in the commission of the relevant offence can prove to the court's satisfaction that the relevant offence was committed without the knowledge or consent of the registered operator. (3) The court may decline to make an impoundment or immobilisation order or a forfeiture order if the court is satisfied that such an order would cause exceptional hardship to any person. (4) If the court makes an impoundment or immobilisation order the Chief Commissioner of Police must notify the driver and the registered operator that if the motor vehicle is not collected or released within two months after the motor vehicle was impounded or immobilised the Chief Commissioner of Police may sell or otherwise dispose of the motor vehicle and any item or thing left in or on the motor vehicle. Note Section 84ZQ provides that the Chief Commission of Police must give 14 days notice of any intention to sell or dispose of a motor vehicle or item or thing left in or on the motor vehicle. Road Safety Act 1986 - SECT 84ZA Application for variation of order 84ZA. Application for variation of order (1) A person whose interests are substantially affected by an impoundment or immobilisation order or a forfeiture order may apply to the court that made the order for variation of the order if the applicant can demonstrate- (a) that since the impoundment or immobilisation order or forfeiture order was made the applicant's circumstances have changed; and (b) that the impoundment or immobilisation order or forfeiture order is causing, or will cause, exceptional hardship to the applicant or any other person. (2) An application under subsection (1) to vary an impoundment or immobilisation order may be made at any time while the motor vehicle is impounded or immobilised. (3) An application under subsection (1) to vary a forfeiture order may be made at any time while the motor vehicle is vested in the Crown. (4) The court may make an order varying an impoundment or immobilisation order or a forfeiture order in any way, including- (a) setting aside the impoundment or immobilisation order or forfeiture order; or (b) reducing the amount of time that the motor vehicle is subject to impoundment or immobilisation. Road Safety Act 1986 - SECT 84ZB When order takes effect 84ZB. When order takes effect (1) An impoundment or immobilisation order or a forfeiture order becomes effective on- (a) the expiration of the appeal period for the defendant's conviction of the relevant offence; or (b) the expiration of the appeal period for- (i) a sentencing order under the Magistrates' Court Act 1989; or (ii) a sentencing order under the Children and Young Persons Act 1989 or the Children, Youth and Families Act 2005; or (iii) a sentence under Part VI of the Crimes Act 1989- made following that conviction- whichever is the later. (2) If a conviction for a relevant offence is set aside on appeal, an impoundment or immobilisation order or a forfeiture order is of no effect. (3) If a person convicted of a relevant offence applied for leave to appeal against the conviction for the relevant offence or the making of an impoundment or immobilisation order or a forfeiture order after the end of the relevant appeal period and such leave is granted, the appeal operates as a stay of the impoundment or immobilisation order or forfeiture order and any motor vehicle impounded or immobilised or otherwise in the possession of the Crown must be released to the registered operator. (4) If a motor vehicle subject to a forfeiture order is no longer in the possession of the Crown and the conviction for the relevant offence, or the forfeiture order, is set aside on appeal, the Crown must pay to the appellant and any other person with an interest in the motor vehicle an amount commensurate with the value of the appellant's or other person's interest in the motor vehicle. (5) Any amount to be paid under subsection (4) is to be paid out of the proceeds (if any) of the sale of the motor vehicle. (6) A person with an interest in the motor vehicle may make an application to the Magistrates' Court for an order that compensation be paid in accordance with subsection (4) and the Court may make either or both of the following orders- (a) an order that compensation be paid to that person commensurate with the value of the person's interest in the motor vehicle; (b) an order that the costs incurred by the Crown in executing the forfeiture order may be retained by the Crown out of the proceeds of the sale of the motor vehicle. Road Safety Act 1986 - SECT 84ZC Police powers 84ZC. Police powers A member of the police force or an authorised person acting under an impoundment or immobilisation order or a forfeiture order made under this Division has, and may exercise, the same powers to seize the motor vehicle and impound or immobilise it as are specified in sections 84G(1) and (3) and 84I. Road Safety Act 1986 - SECT 84ZD Liability for costs of impoundment or immobilisation 84ZD. Liability for costs of impoundment or immobilisation If a court makes an impoundment or immobilisation order, the motor vehicle must not be released from impoundment or immobilisation until the designated costs are paid by the person seeking to collect or release the motor vehicle. Road Safety Act 1986 - SECT 84ZE Rights of owners 84ZE. Rights of owners If a person is not the registered operator of a motor vehicle, but can prove ownership of the motor vehicle to a court exercising powers under this Part, that person may make any application or exercise any right that a registered operator may make or exercise under this Part. Road Safety Act 1986 - SECT 84ZF Third party protection from forfeiture order 84ZF. Third party protection from forfeiture order (1) A person, other than the driver, who did not appear at the hearing of an application for a forfeiture order and has an interest in the motor vehicle subject to a forfeiture order may apply to the court that made the forfeiture order for an order that- (a) if ownership of the motor vehicle is vested in the Crown- (i) ownership of the motor vehicle be transferred to the applicant, if the applicant had, immediately before the forfeiture order was made, full ownership of the motor vehicle; or (ii) where the applicant had part ownership of the motor vehicle, the motor vehicle be sold and the Crown pay to the applicant and any other owner of the motor vehicle an amount commensurate with the value of each owners' interest in the motor vehicle; or (b) if the motor vehicle has been sold or otherwise disposed of, the Crown pay to the applicant an amount commensurate with the value of the applicant's interest in the motor vehicle. (2) Leave of the court that made the forfeiture order is required to bring an application if- (a) the person was served with a notice of the application for a forfeiture order under section 84W(1) or 84Y(1); or (b) six months or more have elapsed since the date the forfeiture order was made. (3) The court may only grant leave under subsection (2)(b) if it is satisfied that the delay in making the application was not due to the applicant's neglect. (4) On an application the court may make an order- (a) declaring the nature, extent and, if necessary for the order, the value (at the time the declaration is made) of the applicant's interest in the motor vehicle; and (b) directing the Crown- (i) if the motor vehicle is vested in the Crown and the applicant has full ownership of the motor vehicle, to transfer ownership of the motor vehicle to the applicant; or (ii) if the motor vehicle is no longer vested in the Crown, or if the applicant does not have full ownership of the motor vehicle, to pay to the applicant the value of the applicant's interest in the motor vehicle. (5) The court may only make an order under subsection (4) if it is satisfied that- (a) the applicant would have, apart from the forfeiture order, a relevant interest in the motor vehicle; and (b) the relevant offence occurred without the knowledge or consent of the applicant. (6) Any amount to be paid under this section is to be paid out of the proceeds (if any) of the sale of the motor vehicle. Division 4-Search and seizure warrants Road Safety Act 1986 - SECT 84ZG Application for search and seizure warrant 84ZG. Application for search and seizure warrant (1) A member of the police force may apply to a magistrate for a search and seizure warrant to be issued under this Division in respect of a motor vehicle if- (a) the motor vehicle is subject to an impoundment or immobilisation order and has not been surrendered to a member of the police force; or (b) the motor vehicle is subject to a forfeiture order and has not been surrendered to a member of the police force; or (c) a member of the police force under section 84F believes on reasonable grounds that the motor vehicle has been used in the commission of a relevant offence and the application is made within 48 hours after the alleged commission of the relevant offence; or (d) a member of the police force is empowered under section 84H(4) to seize the motor vehicle. (2) An application under this section may only be made if the applicant believes on reasonable grounds that the motor vehicle is, or may be within the next 72 hours, in or on specified premises. (3) An application for a search and seizure warrant must be made in writing. (4) A magistrate must not issue a search and seizure warrant unless- (a) the application for the warrant sets out the grounds on which the warrant is sought; and (b) the applicant has given the magistrate, either orally or in writing, any further information that the magistrate requires concerning the grounds on which the warrant is sought; and (c) the information given by the applicant is verified before the magistrate on oath or affirmation or by affidavit. Road Safety Act 1986 - SECT 84ZH Search and seizure warrant 84ZH. Search and seizure warrant (1) A magistrate to whom an application is made under section 84ZG, if satisfied that there are reasonable grounds for believing the matters set out in the application, may issue a search and seizure warrant to the person or persons named in the warrant to enter the specified premises and search for and seize the specified motor vehicle. (2) A search and seizure warrant issued under subsection (1) may authorise the person or persons named in the warrant to- (a) enter the premises specified in the warrant; and (b) search for the motor vehicle specified in the warrant; and (c) use reasonable force to break into or open any structure on the premises specified in the warrant that may store the motor vehicle specified in the warrant; and (d) seize and impound or immobilise the motor vehicle specified in the warrant, using any or all of the powers specified in sections 84G(3) and 84I. (3) A search and seizure warrant must- (a) state the purpose for which the warrant is issued; and (b) give a description of the motor vehicle authorised for seizure; and (c) give the address or other description of the premises in respect of which the warrant is issued. (4) Every search and seizure warrant issued under this section must be in the prescribed form. Road Safety Act 1986 - SECT 84ZI Record of proceedings for search and seizure warrant 84ZI. Record of proceedings for search and seizure warrant (1) A magistrate who issues a search and seizure warrant must cause a record to be made of all relevant particulars of the grounds he or she has relied on to justify the issue of the warrant. (2) The magistrate may decline to record any matter that might disclose the identity of a person if the magistrate believes on reasonable grounds that to do so might jeopardise the safety of any person. Road Safety Act 1986 - SECT 84ZJ Announcement before entry 84ZJ. Announcement before entry On executing a search and seizure warrant, the person executing the warrant must- (a) announce that he or she is authorised by the warrant to enter the premises; and (b) give any person at the premises an opportunity to allow entry to the premises before force is used to enter the premises. Road Safety Act 1986 - SECT 84ZK Copy of search and seizure warrant to be given to occupier 84ZK. Copy of search and seizure warrant to be given to occupier A person executing a search and seizure warrant must- (a) if the occupier is present at the premises where the warrant is being executed, identify himself or herself to the occupier and give the occupier a copy of the warrant; or (b) if the occupier is not present at the premises where the warrant is being executed, identify himself or herself to any other person at the premises and give that person a copy of the warrant. Road Safety Act 1986 - SECT 84ZL Use of assistants to execute search and seizure warrant 84ZL. Use of assistants to execute search and seizure warrant A person executing a search and seizure warrant may do so with the aid of any assistants that the person considers reasonably necessary to achieve the purpose for which the warrant was issued. Road Safety Act 1986 - SECT 84ZM Application of Magistrates' Court Act 1989 84ZM. Application of Magistrates' Court Act 1989 Except to the extent that a contrary intention appears in this Division, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to search and seizure warrants under this Division. Road Safety Act 1986 - SECT 84ZN Expiry of search and seizure warrant 84ZN. Expiry of search and seizure warrant (1) A search and seizure warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it. (2) If subsection (1) does not apply, a search and seizure warrant ceases to have effect- (a) at the end of the period of one month after its issue; or (b) when it is executed- whichever occurs first. Road Safety Act 1986 - SECT 84ZO Report on execution of search and seizure warrant 84ZO. Report on execution of search and seizure warrant (1) The person to whom a search and seizure warrant is issued must give a report to the registrar of the Magistrates' Court- (a) stating whether or not the warrant was executed; and (b) if the warrant was executed, setting out briefly the result of the execution of the warrant; and (c) if the warrant was not executed, setting out briefly the reasons why the warrant was not executed; and (d) stating whether or not a copy of the warrant was given to the occupier or another person at the premises. (2) A report must be- (a) in the prescribed form; and (b) made within 10 days after the expiry of the warrant. (3) A person may apply to the Magistrates' Court for an order authorising the person to inspect the report given under subsection (1) if the person satisfies the Court that the person is- (a) the owner or occupier of premises on which the warrant was executed; or (b) a person who has an interest in the motor vehicle seized in the execution of the warrant. Road Safety Act 1986 - SECT 84ZP Obstruction or hindrance of person executing search and seizure warrant 84ZP. Obstruction or hindrance of person executing search and seizure warrant A person must not, without reasonable excuse, obstruct or hinder a person executing a search and seizure warrant. Penalty: 60 penalty units. Division 5-Disposal of motor vehicles Subdivision 1-Disposal of motor vehicles, items and things Road Safety Act 1986 - SECT 84ZQ Sale or disposal of uncollected motor vehicles and items 84ZQ. Sale or disposal of uncollected motor vehicles and items (1) Subject to subsection (2), the Chief Commissioner of Police may sell, by public auction or tender, or otherwise dispose of, a motor vehicle and any item or thing left in or on the motor vehicle, if- (a) a decision is made by a member of the police force to impound or immobilise a motor vehicle under section 84F or an impoundment or immobilisation order is made against that motor vehicle; and (b) the motor vehicle is not collected or released 2 months or more after the date on which the motor vehicle first became available for collection or release. (2) The Chief Commissioner of Police must not sell or otherwise dispose of a motor vehicle or an item or thing left in or on a motor vehicle under subsection (1) unless- (a) the matters referred to in subsection (3) are satisfied; or (b) a disposal order has been made for the motor vehicle. (3) For the purposes of subsection (2)(a), the matters that must be satisfied before the Chief Commissioner may sell or otherwise dispose of the motor vehicle or item or thing are- (a) all proceedings in relation to the relevant offence that led to the impoundment or immobilisation of the motor vehicle have been finalised and any appeal period has expired; and (b) at least 14 days before attempting to sell or otherwise dispose of the motor vehicle, item or thing, the Chief Commissioner serves notice on the registered operator and driver of the motor vehicle that the Chief Commissioner intends to sell or otherwise dispose of the motor vehicle, item or thing unless steps are taken to collect or release the motor vehicle, item or thing; and (c) at least 14 days before attempting to sell or otherwise dispose of the motor vehicle, item or thing, the Chief Commissioner, by publishing a notice in a newspaper circulating generally in the State, notifies the public that the Chief Commissioner intends to sell or otherwise dispose of the motor vehicle and any item or thing left in or on the motor vehicle; and (d) if the Chief Commissioner intends to sell or otherwise dispose of an item or thing left in or on the motor vehicle, all reasonable efforts have been made to return the item or thing to its owner. Subdivision 2-Disposal of motor vehicles, items or things if forfeiture order has taken effect Road Safety Act 1986 - SECT 84ZR Sale or disposal of motor vehicle subject to forfeiture order 84ZR. Sale or disposal of motor vehicle subject to forfeiture order (1) The Chief Commissioner of Police may sell, by public auction or tender, or otherwise dispose of a motor vehicle that is the subject of a forfeiture order, and any uncollected item or thing left in or on the motor vehicle, once the forfeiture order takes effect in accordance with section 84ZB(1). (2) The Chief Commissioner of Police must not sell or dispose of an item or thing left in or on a motor vehicle that is the subject of a forfeiture order unless all reasonable efforts have been made to return the item or thing to its owner. Road Safety Act 1986 - SECT 84ZS Application of proceeds of sale 84ZS. Application of proceeds of sale Where a motor vehicle or item or thing is sold under section 84ZQ or 84ZR the proceeds of sale are to be applied in the following order of priority- (a) to pay the costs of the sale; (b) to pay any costs of impoundment or immobilisation; (c) to discharge any security interest over the motor vehicle, such as a bank loan or a lease arrangement; (d) to pay the registered operator of the motor vehicle if the motor vehicle was uncollected, or if the registered operator cannot be reasonably located, for payment into the Consolidated Fund; (e) for payment into the Consolidated Fund if the motor vehicle was the subject of a forfeiture order. Subdivision 3-Disposal of motor vehicles, items or things subject to disposal order Road Safety Act 1986 - SECT 84ZT Disposal of motor vehicle, item or thing subject to disposal order 84ZT. Disposal of motor vehicle, item or thing subject to disposal order (1) The Chief Commissioner of Police may sell, by public auction or tender, or otherwise dispose of, a motor vehicle that is the subject of a disposal order and any item or thing left in or on the motor vehicle. (2) The Chief Commissioner must not sell or dispose of an item or thing left in or on a motor vehicle that is the subject of a disposal order unless all reasonable efforts have been made to return the item or thing to its owner. Road Safety Act 1986 - SECT 84ZU Notice to be given of intention to apply for disposal order 84ZU. Notice to be given of intention to apply for disposal order (1) The Chief Commissioner of Police may give notice of an application for a disposal order for a motor vehicle if- (a) a decision is made by a member of the police force to impound or immobilise the motor vehicle under section 84F or an impoundment or immobilisation order is made against the vehicle; and (b) the relevant court adjourns proceedings in relation to a relevant offence, other than to a fixed date, because the defendant fails to appear; and (c) a warrant is issued for the arrest of the defendant; and (d) the motor vehicle has not been collected, and the designated costs are not paid, within 2 months after the day the proceedings are adjourned. (2) At least 28 days before making an application under subsection (1) the Chief Commissioner of Police must- (a) serve notice of the intention to make the application on- (i) the driver of the motor vehicle; and (ii) if the driver of the motor vehicle is not the registered operator of the motor vehicle, the registered operator; and (iii) any person who the Chief Commissioner is aware has an interest in the motor vehicle; and (iv) the Corporation; and (b) publish a notice in a newspaper circulating generally in the State, of the Chief Commissioner's intention to make the application. (3) A notice under subsection (2) must state- (a) that the Chief Commissioner intends to apply for an order to dispose of the motor vehicle unless the motor vehicle is collected, and the designated costs paid, within 28 days of the date the notice is served; and (b) information that identifies the motor vehicle, including the motor vehicle's registration number (if applicable); and (c) that a person named in the notice may appear before the relevant court at the hearing of the application and show cause why the order should not be made; and (d) any person on whom the notice is served must not sell or otherwise dispose of the person's interest in the motor vehicle without the approval of the relevant court. Road Safety Act 1986 - SECT 84ZV Application for disposal order 84ZV. Application for disposal order The Chief Commissioner of Police may apply to the court for an order to dispose of a motor vehicle if- (a) the Chief Commissioner has served notice in respect of the motor vehicle in accordance with section 84ZU(2)(a); and (b) within 28 days after the date the notice is served, the motor vehicle is not collected or the designated costs have not been paid. Road Safety Act 1986 - SECT 84ZW Hearing of application for and making of disposal order 84ZW. Hearing of application for and making of disposal order (1) The relevant court hearing an application for a disposal order- (a) must allow a person served with a notice under section 84ZU to be heard at the hearing of the application and to show cause why the disposal order should not be made; and (b) may allow any other person to be heard if the court is satisfied the disposal order may substantially affect the person's interests. (2) After hearing the application, the court may- (a) make the disposal order; or (b) decline to make the disposal order if the court is satisfied the order would cause exceptional hardship to a person. (3) If the court makes the disposal order, the Crown becomes the owner of the motor vehicle. Road Safety Act 1986 - SECT 84ZX Application of proceeds of sale 84ZX. Application of proceeds of sale (1) If a motor vehicle, item or thing is sold under a disposal order, the proceeds of the sale are to be applied in the following order of priority- (a) to pay the costs of the disposal; (b) to pay any costs of impoundment or immobilisation; (c) to discharge any security interest over the motor vehicle, including a bank loan or lease arrangement. (2) Any sum remaining after the proceeds of the sale are applied in accordance with subsection (1) is taken to be unclaimed money under the Unclaimed Money Act 2008 as if it were a sum of money legally payable to the person who was the owner of the vehicle immediately before the disposal order was made and as if the sum has remained unpaid for more than 12 months. _______________ Road Safety Act 1986 - PART 7 PART 7 INFRINGEMENTS * * * * * Road Safety Act 1986 - SECT 86 Parking infringements to be operator onus offences 86. Parking infringements to be operator onus offences A parking infringement is an operator onus offence for the purposes of Part 6AA. Road Safety Act 1986 - SECT 87 Service of parking infringement notices 87. Service of parking infringement notices (1) If a person who is referred to in section 77(2) (other than a person referred to in paragraph (db) of that subsection) or an officer who is referred to in section 77(4) has reason to believe that a parking infringement has been committed in respect of any vehicle on land or premises other than a council controlled area within the meaning of Part 7A, he or she may serve or cause to be served, in accordance with the regulations, a parking infringement notice. (1AA) Despite subsection (1), if a parking infringement (other than a parking infringement involving a contravention of section 90E) occurs on land which is part of the Parliamentary reserve, no parking infringement notice in respect of it may be served except on the written direction of a presiding officer authorising the serving of a parking infringement notice either generally or in a particular case. (1AB) In a prosecution in relation to a parking infringement notice served in accordance with this section occurring on the Parliamentary reserve, a certificate which purports to be signed by a presiding officer, stating that a person is authorised to serve that parking infringement notice or take proceedings in respect of that parking infringement notice is evidence, and, in the absence of evidence to the contrary, is proof, that the person is so authorised. (1AC) All courts must take judicial notice of the signature of a presiding officer on a certificate referred to in subsection (1AB). (1AD) If an authorised officer within the meaning of section 208 of the Transport Act 1983 (as authorised under section 221AB of that Act) has reason to believe that a parking infringement has been committed in respect of any vehicle that is on or in a park and ride facility, the person may serve or cause to be served, in accordance with the regulations, a parking infringement notice. (1A) Without limiting subsection (1), an authorised person for a municipal council or a relevant public authority may serve or cause to be served, in accordance with the regulations, a parking infringement notice if the authorised person has reason to believe- (a) in the case of an authorised person for a municipal council, that a parking infringement has been committed in respect of a vehicle on land within the council's municipal district; or (b) in the case of an authorised person for a relevant public authority, that a parking infringement has been committed in respect of a vehicle on a relevant place in relation to the relevant public authority. (1B) If- (a) a member of the police force; or (b) a member of staff of the municipal council; or (c) an authorised person for a municipal council- has reason to believe that a parking infringement has been committed in respect of any vehicle on land within the municipal district of a municipal council, being land that is a council controlled area within the meaning of Part 7A, he or she may serve or cause to be served, in accordance with the regulations, a parking infringement notice. (1BA) An offence referred to in subsection (1), (1AD), (1A) or (1B) for which a parking infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. (1BB) Regulations about service referred to in subsections (1), (1AD), (1A) or (1B) must not be inconsistent with the Infringements Act 2006. (1C) A municipal council or relevant public authority may authorise a person under this section only if it is satisfied the person- (a) is competent to exercise the functions conferred on an authorised person by or under this Part; and (b) is of good repute, having regard to character, honesty and integrity; and (c) has agreed in writing to exercise the functions conferred on an authorised person by or under this Part according to performance criteria established from time to time by the municipal council or relevant public authority. (1D) A municipal council or relevant public authority must issue an identity card to an authorised person it appoints. (1E) An identity card under subsection (1D) must- (a) contain a photograph of the authorised person; and (b) contain the signature of the authorised person; and (c) be signed by a member of staff of the municipal council or relevant public authority authorised by the municipal council or relevant public authority to do so either generally or in any particular case. (1F) A person issued with an identity card under subsection (1D) must produce it on being requested to do so. Penalty: 5 penalty units. (1G) Any action taken or thing done by an authorised person is not invalidated by his or her failure to produce his or her identity card. (1H) A person must not falsely represent himself or herself to be an authorised person. Penalty: 10 penalty units. * * * * * (3) The penalty prescribed for the purposes of this section for any parking infringement, other than a penalty for a parking infringement referred to in subsection (3A) or a penalty fixed by any municipal council or relevant public authority pursuant to subsection (4), is the amount prescribed by the regulations in respect of infringements of the kind in question. (3A) The penalty for a parking infringement constituted by a contravention of section 90E is 1 penalty unit or the higher amount prescribed by the regulations in respect of infringements of that kind. (4) Despite subsection (3)- (a) a municipal council may, by resolution; or (b) a relevant public authority may, with the approval of the Minister- fix a penalty for a parking infringement in contravention of a regulation under this Act, that is a regulation in respect of which regulations under this Act prescribe a penalty, if the penalty to be fixed is not more than 0·5 penalty unit and is not more than the penalty prescribed by the regulations. (4A) A penalty so fixed under subsection (4) is the penalty prescribed for the purposes of this section in respect of such a parking infringement occurring- (a) in the case of the municipal council, within the municipal district of that municipal council; or (b) in the case of the relevant public authority, on land or premises that are vested in or under the control of that authority. (5) If a municipal council or relevant public authority fixes a penalty under subsection (4) in relation to a parking infringement, a member of the police force issuing a parking infringement notice in respect of the infringement may specify in the notice one or other of the following as the penalty payable under the notice- (a) the amount fixed by the council or relevant public authority as the penalty; or (b) the amount specified by the regulations as the penalty in respect of the infringement. (6) The Minister may, by notice published in the Government Gazette- (a) declare a public authority to be a relevant public authority for the purposes of this section; and (b) declare land or premises that are vested in, or under the control of, the public authority to be a relevant place for the purposes of this section. (7) The Minister responsible for a relevant public authority may, by notice published in the Government Gazette, give an approval for the public authority to fix a penalty under subsection (4). (8) In this section- authorised person, for a municipal council or relevant public authority, means- (a) in the case of a municipal council, a person, other than a member of the council's staff, who is given an authority in writing by the council, either generally or in a particular case, to serve parking infringement notices; or (b) in the case of a relevant public authority, a person, other than a member of the authority's staff, who is given an authority in writing by the public authority, either generally or in a particular case, to serve parking infringement notices; Ministerial approval, in relation to a relevant public authority, means an approval given under subsection (7) by the Minister responsible for the public authority; relevant place, for a relevant public authority, means land or premises declared under subsection (6)(b) by the Minister to be a relevant place for the relevant public authority; relevant public authority means a public authority declared under subsection (6)(a) by the Minister to be a relevant public authority. Road Safety Act 1986 - SECT 88 Traffic infringements 88. Traffic infringements (1) A person who is referred to in section 77(2)(a), (c) or (d) who has reason to believe that a person has committed a traffic infringement of a kind that is prescribed for the purposes of this Part may issue or cause to be issued and serve or cause to be served on that person a traffic infringement notice. (1AA) Subject to this Act, an offence referred to in subsection (1) for which a traffic infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. (1A) Despite subsection (1), a traffic infringement notice in respect of a drink-driving infringement, a drug-driving infringement or of an infringement detected by a detection device prescribed for the purposes of section 66, may only be issued or caused to be issued by a member of the police force. (2) For the purposes of subsection (1), a traffic infringement notice- (a) must be in the form required by section 13 of the Infringements Act 2006; and (b) must also state- (i) in the case of a traffic infringement notice in respect of a drink-driving infringement, the concentration of alcohol alleged to have been present in the person's blood or breath; and (ii) in the case of a traffic infringement notice in respect of an excessive speed infringement, the speed at which the motor vehicle is alleged to have been driven and the permitted speed; and (c) may contain any additional prescribed details. (2A) Regulations made for the purposes of subsection (2) must not be inconsistent with the Infringements Act 2006. (3) Despite anything to the contrary in the Infringements Act 2006, a traffic infringement notice of a kind referred to in section 89A may be withdrawn, whether the appropriate penalty has been paid or not, at any time within 28 days of the service of the notice, by serving on the alleged offender, in accordance with the regulations, a withdrawal notice which contains the prescribed particulars and is signed by a prosecution officer. (3AA) Despite subsection (3) of this Act or section 18 of the Infringements Act 2006, a traffic infringement notice cannot be withdrawn under those provisions- (a) where the infringement penalty is lodged with an infringements registrar under Part 4 of that Act; or (b) where the infringement penalty is registered under Schedule 3 to the Children, Youth and Families Act 2005. (3A) Despite subsection (3) or section 18 or 19 of the Infringements Act 2006, a withdrawal notice in relation to a traffic infringement notice of a kind referred to in subsection (1A) must be signed by a member of the police force. (4) If, in relation to a traffic infringement of a kind referred to in section 89A, the amount specified in the infringement notice as the penalty for the infringement has been paid before the notice is withdrawn the amount so paid must be refunded upon the notice of withdrawal being given. (5) The penalty for the purposes of this section in respect of any traffic infringement is the amount prescribed in respect of that infringement. (6) A person referred to in section 77(2)(a), (c) or (d) who has reason to believe that a person (other than the driver of a motor vehicle) has committed a traffic infringement may require that person to state his or her name and address. (7) A person must not refuse or fail to state his or her name and address, or state a false name or address. Penalty: 2 penalty units. Road Safety Act 1986 - SECT 89 Effect of payment of penalty 89. Effect of payment of penalty * * * * * * * * * * * * * * * (4) Subject to Division 5 of Part 2 of the Infringements Act 2006, if an infringement notice has been served and the amount of the penalty is not paid before the expiration of the period specified in the notice as the time for payment or where, in the case of a traffic infringement notice, the notice has been withdrawn, nothing in this section in any way prejudices the institution or prosecution of proceedings for the infringement in question (whether pursuant to Schedule 3 to the Magistrates' Court Act 1989 or otherwise) but in any case, where the court is satisfied that an infringement notice was served in respect of the infringement and has not been withdrawn, the conviction imposed by the court must not be taken to be a conviction for any purpose (including, without limiting the generality of the foregoing, the purposes of any enactment imposing, authorising or requiring the imposition of any disqualification, disability or higher penalty on convicted people or people convicted on more than one occasion) except in relation to- (a) the making of the conviction itself; and (b) any subsequent proceedings which may be taken in respect of the conviction itself, including proceedings by way of appeal or order to review. (5) Despite anything to the contrary in Division 5 of Part 2 of the Infringements Act 2006, the regulations may provide that demerit points are incurred under section 25 in respect of a traffic infringement by a person. * * * * * * * * * * (8) Despite anything to the contrary in this section or Division 5 of Part 2 of the Infringements Act 2006, the fact that a person paid a penalty, was found guilty, participated in a diversion program or had a conviction imposed by the court, in respect of an infringement for which an infringement notice was served- (a) may be recorded for the purposes of any scheme to provide discounted fees to good drivers; and (b) may be used to wholly or partly exclude the person from the scheme. (9) Despite anything to the contrary in this section, the fact that a person paid a penalty, was found guilty, participated in a diversion program or had a conviction imposed by the court, in respect of an infringement for which an infringement notice was served may be recorded and used for the purposes of determining the period or periods for which a person may be required to hold a driver licence on probation. Road Safety Act 1986 - SECT 89A Effect of drink-driving infringements, drug-driving infringements and excessive speed infringements 89A. Effect of drink-driving infringements, drug-driving infringements and excessive speed infringements (1) Section 89 does not apply to drink-driving infringements, drug-driving infringements or excessive speed infringements. (2) Subject to section 89B and despite Division 5 of Part 2 of the Infringements Act 2006, a traffic infringement notice that is issued in respect of a drink-driving infringement, drug-driving infringement or excessive speed infringement takes effect, 28 days after the date of the notice, as a conviction for the offence specified in the notice, unless the person to whom the notice was issued objects, within that time and in accordance with this section, to the infringement notice10. (3) Despite subsection (2), if an infringement notice is withdrawn under subsection (7)(c) the person to whom the notice was issued must for all purposes be taken not to have been convicted of the offence specified in the notice. (4) A person may object to the infringement notice by giving notice in writing of the objection to the person specified for that purpose in the infringement notice. (5) A notice of objection must state- (a) that the person to whom the infringement notice was issued refuses to pay the penalty; and (b) that the person requests that the matter be dealt with by a court; and (c) whether or not the person intends to defend any charge arising out of the facts specified in the infringement notice. (6) The giving of notice of objection to the infringement notice has the effect that- (a) the infringement notice is cancelled; and (b) the person to whom the infringement notice was issued may only be proceeded against by a charge filed for the alleged offence. (7) If an infringement notice is issued in respect of a drink-driving infringement or a drug-driving infringement and it subsequently appears that the offence in respect of which the notice was issued is not a traffic infringement of a kind that is prescribed for the purposes of this Part- (a) the infringement notice operates as if the infringement were so prescribed; and (b) any cancellation, disqualification or suspension, and any extension of probation, that results from the operation of the notice is valid; and (c) any member of the police force may, during the period of cancellation, disqualification or suspension, withdraw the infringement notice by serving on the alleged offender, in accordance with the regulations, a withdrawal notice which contains the prescribed particulars and is signed by a prosecution officer; and (d) the person may be proceeded against by a charge filed for the alleged offence. (8) A court which convicts a person or finds a person guilty after an infringement notice has been withdrawn in accordance with subsection (7)(c) must take into account any period of cancellation, disqualification or suspension, and any extension of probation, of a driver licence or permit that resulted from the operation of the notice that had passed before the date of the conviction or finding. Road Safety Act 1986 - SECT 89B Extension of time to object if no actual notice 89B. Extension of time to object if no actual notice (1) If a traffic infringement notice that is issued in respect of a drink-driving infringement, a drug-driving infringement or an excessive speed infringement is not delivered personally to the person to whom it was issued, and that person is not in fact aware, before the notice takes effect as a conviction, that it had been issued, the person may apply to an infringements registrar within the meaning of the Infringements Act 2006 or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, to have the time for objecting to the notice extended. (1A) An application under subsection (1) must- (a) be made within 14 days of the applicant becoming aware of the notice; and (b) be filed with the registrar; and (c) be accompanied by a sworn statement in writing or by a statutory declaration setting out the grounds on which the extension is sought. (1B) If an application is made under subsection (1) to an infringements registrar within the meaning of the Infringements Act 2006, the registrar must- (a) refer the application to the Magistrates' Court constituted by a magistrate; and (b) cause a notice of the time and place of the hearing of the application to be given or sent to- (i) the person who issued the infringement notice; and (ii) the applicant. (2) The Magistrates' Court or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, must not grant an extension of time unless satisfied that the person was not in fact aware, before the infringement notice took effect as a conviction, that it had been issued. (3) If the Magistrates' Court or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, grants an extension of time, and if a notice of objection is given, in accordance with section 89A(4) or with any order made by the Court or the registrar, as the case may be, before the expiry of the extended time, the giving of the notice has the effect that- (a) the conviction is set aside; and (b) any cancellation, disqualification or suspension, and any extension of probation, that resulted from the conviction is set aside; and (ba) any demerit points recorded as a result of the conviction are cancelled; and (c) anything done by the person before he or she became aware that the infringement notice had been issued that constituted an offence only because of any cancellation, disqualification or suspension, or any extension of probation, that resulted from the conviction must be taken not to constitute that offence; and (d) any of the procedures set out in the Infringements Act 2006 or in Schedule 3 to the Children, Youth and Families Act 2005 that are being used for the enforcement of the amount specified in the infringement notice as payable in respect of the offence for which the notice was issued must be discontinued and any warrant issued under that Act or that Schedule, as the case requires, ceases to have effect; and (e) the infringement notice is cancelled; and (f) the person may only be proceeded against by a charge filed for the alleged offence; and (g) any period of cancellation, disqualification or suspension, and any extension of probation, of a driver licence or permit that- (a) resulted from the conviction; and (b) occurred after the person became aware that the infringement notice had been issued- must be taken into account by any court which subsequently convicts the person, or finds the person guilty, of the offence in respect of which the infringement notice was issued. (4) Despite anything to the contrary in any other Act, a charge referred to in subsection (3)(f) may be filed not later than 12 months after the date of the notice of objection. (5) Any reference in sections 89C or 89D to the 28 day period must, if a court has granted an extension of that period in a particular case, be read as a reference to the extended period. Road Safety Act 1986 - SECT 89C Cancellation of licence or permit for drink-driving infringements 89C. Cancellation of licence or permit for drink-driving infringements (1) Any driver licence or permit held by a person to whom a traffic infringement notice has been issued in respect of a drink-driving infringement is cancelled, and the person is disqualified from obtaining one, for a period ascertained in accordance with Column 2 of Schedule 1 by reference to the blood or breath alcohol concentration specified in the notice if- (a) the blood or breath alcohol concentration specified in the notice is- (i) 0×05 grams or more per 100 millilitres of blood or 210 litres of exhaled air (as the case requires), if section 52 applies to the person or the person was under the age of 26 years at the time of the infringement; or (ii) 0×07 grams or more per 100 millilitres of blood or 210 litres of exhaled air (as the case requires), in any other case; and (b) no notice of objection to the infringement notice has been given and the 28 day period has expired. 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)). * * * * * * * * * * (3A) If a person to whom a traffic infringement notice has been issued in respect of a drink-driving infringement- (a) is exempted under the regulations from the requirements of section 18(1)(a) because he or she holds an appropriate licence or permit issued in another State, Territory or country; and (b) does not give notice of objection to the infringement notice and the 28 day period has expired- the person is disqualified from driving a motor vehicle on a road in Victoria for the period for which he or she would have been disqualified under this section had the person held a licence or permit under this Act. (4) Any cancellation and disqualification under subsection (1) or disqualification under subsection (3A) takes effect on the expiry of the 28 day period. (5) When any cancellation has taken effect, the Corporation may, by notice in writing served on the person whose licence or permit is cancelled, require that person to surrender any licence or permit document to the Corporation. (6) A person on whom a notice is served under subsection (5) must comply with the notice within the time specified in it. Penalty: 5 penalty units. (7) Payment of a penalty in respect of a drink-driving infringement may be made in accordance with the regulations. (8) A person, other than a person referred to in subsection (3A), who pays a penalty in respect of a drink-driving infringement must, on or before the expiry of the 28 day period, surrender his or her licence or permit document in accordance with the regulations, if the concentration of alcohol specified in the notice to have been present in the person's blood or breath is- (a) 0×05 grams or more per 100 millilitres of blood or 210 litres of exhaled air (as the case requires), if section 52 applies to the person or the person was under the age of 26 years at the time of the infringement; or (b) 0×07 grams or more per 100 millilitres of blood or 210 litres of exhaled air (as the case requires), in any other case. Road Safety Act 1986 - SECT 89D Suspension of licence or permit for excessive speed infringements 89D. Suspension of licence or permit for excessive speed infringements (1) Any driver licence or permit held by a person to whom a traffic infringement notice has been issued in respect of an excessive speed infringement is suspended for a period ascertained in accordance with Column 2 of Schedule 5 by reference to the speed specified in the notice and the person is disqualified from obtaining a further licence or permit for that period if no notice of objection to the infringement notice has been given and the 28 day period has expired. (1A) If a person to whom a traffic infringement notice has been issued in respect of an excessive speed infringement- (a) is exempted under the regulations from the requirements of section 18(1)(a) because he or she holds an appropriate licence or permit issued in another State, Territory or country; and (b) does not give notice of objection to the infringement notice and the 28 day period has expired- the person is disqualified from driving a motor vehicle on a road in Victoria for the period for which he or she would have been suspended and disqualified under this section had the person held a licence or permit under this Act. * * * * * (3) Any suspension or disqualification under this section takes effect on the expiry of the 28 day period. (4) When any suspension has taken effect, the Corporation may, by notice in writing served on the person whose licence or permit is suspended, require that person to surrender any licence or permit document to the Corporation. (5) A person on whom a notice is served under subsection (4) must comply with the notice within the time specified in it. Penalty: 5 penalty units. (6) Payment of a penalty in respect of an excessive speed infringement may be made in accordance with the regulations. (7) A person, other than a person referred to in subsection (1A), who pays a penalty in respect of an excessive speed infringement must, on or before the expiry of the 28 day period, surrender his or her licence or permit document in accordance with the regulations. Note A period during which a licence or permit is 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)). Road Safety Act 1986 - SECT 89E Application of the Infringements Act 2006 to certain offences 89E. Application of the Infringements Act 2006 to certain offences Subject to sections 89A to 89D, the procedures set out in the Infringements Act 2006 may be used for the enforcement of the amount specified in a traffic infringement notice issued in respect of a drink-driving infringement, a drug-driving infringement or an excessive speed infringement as payable in respect of the offence for which the notice was issued. Road Safety Act 1986 - SECT 89F Application and modification of Schedule 3 to the Children, Youth and Families Act 2005 89F. Application and modification of Schedule 3 to the Children, Youth and Families Act 2005 (1) The following provisions of Schedule 3 to the Children, Youth and Families Act 2005 do not apply to or in relation to a traffic infringement notice in respect of a drink-driving infringement, a drug-driving infringement or an excessive speed infringement- (a) clauses 3(2)(g) and 3(2)(i); (b) clauses 12(1)(a) and 12(1)(b). * * * * * (2) Subject to subsection (1), and sections 89A to 89D of this Act, the procedures set out in Schedule 3 to the Children, Youth and Families Act 2005 may be used for the enforcement of the amount specified in a traffic infringement notice issued in respect of a drink-driving infringement, a drug-driving infringement or an excessive speed infringement as payable in respect of the offence for which the notice was issued. Road Safety Act 1986 - SECT 90 Proof of prior convictions 90. Proof of prior convictions (1) If a person is served with a summons for any infringement and it is alleged that he or she has been previously convicted or found guilty of any infringement or infringements there may be served with the summons a separate document containing the prescribed particulars signed by the informant setting out particulars of the alleged prior convictions or findings of guilt. (2) The document setting out the alleged prior convictions or findings of guilt- (a) must be endorsed with a notice containing the prescribed particulars; and (b) may be served in any manner in which the summons for the infringement may be served. (3) If the court by whom any person has been convicted or found guilty is satisfied that a copy of any such document was served on that person at least 14 days before the hearing of the information the document is admissible and is evidence- (a) that the person was convicted or found guilty of the offences alleged in the document; and (b) of the particulars relating to the convictions or findings of guilt set out in the document. (4) Any such document may not be tendered in evidence without the consent of the defendant if the defendant is present at the hearing of the information. (5) Without limiting the generality of the provisions of Division 5 of Part 4 of the Magistrates' Court Act 1989, where any evidence of prior convictions or findings of guilt has been tendered pursuant to the provisions of this section, the court may set aside, on any terms as to costs or otherwise that the court decides, any conviction, finding or order if it has reasonable grounds to believe that the document tendered in evidence was not in fact brought to the notice of the defendant or that the defendant was not in fact convicted, or found guilty, of the offences as alleged in the document. _______________ Road Safety Act 1986 - PART 7A PART 7A PRIVATE PARKING AREAS Road Safety Act 1986 - SECT 90A Definitions 90A. Definitions In this Part- council controlled area means an area in respect of which there is in force an agreement under section 90D; driver, in relation to a motor vehicle that has been parked or left standing, means the person who was driving the motor vehicle when it was parked or left standing; owner, in relation to a motor vehicle, has the same meaning as in Part 7; parking services, in relation to land, means services in relation to the regulation or control of the parking of motor vehicles on the land including the issue of parking infringement notices; public parking area means- (a) an area provided on land for the parking of motor vehicles by members of the public on payment of a charge; or (b) any area that is prescribed to be a public parking area, or is included in a class of areas that is prescribed to be public parking areas, for the purposes of this Part. Road Safety Act 1986 - SECT 90B Abolition of distress damage feasant in relation to motor vehicles 90B. Abolition of distress damage feasant in relation to motor vehicles (1) The common law remedy of distress damage feasant is abolished to the extent to which it applies in relation to trespass on land by motor vehicles. (2) Nothing in this Part affects any right that a person may have, apart from this Part, to remove or cause to be removed from land a motor vehicle that has been parked or left standing on that land. (3) Subsection (2) does not apply to a motor vehicle that has been detained or immobilised in contravention of section 90C. Road Safety Act 1986 - SECT 90C Detention or immobilisation of motor vehicles 90C. Detention or immobilisation of motor vehicles (1) A person, not being- (a) a member of the police force; or (ab) an authorised person under Part 6A; or (b) the sheriff or any other person authorised by law to execute a warrant against the motor vehicle; or (c) a person authorised to do so by or on behalf of the owner or driver of the motor vehicle- must not detain or immobilise (whether by wheel clamps or any other means) a motor vehicle that has been parked or left standing (whether attended or not) on land to which this section applies. Penalty: 20 penalty units. (2) This section applies to land other than land that is- (a) a public highway within the meaning of the Local Government Act 1989; or (b) a freeway or an arterial road within the meaning of the Road Management Act 2004; or (c) a public parking area. (3) Nothing in this section affects the exercise of any power over a motor vehicle that a person may have as the holder of a security interest (within the meaning of the Chattel Securities Act 1987) in the motor vehicle or under a possessory lien or pledge over the moto