ROAD SAFETY ACT 1986
Table of Provisions
PART 1--PRELIMINARY
PART 2--REGISTRATION
Division 1--Secretary as registration authority
Division 2--Registration
Division 2A--Cancellation of registration for offensive advertisements
16AA Definitions
16AB Advertising breach notice
16AC Registration cancellation notice
16AD Withdrawal of advertising breach notice
16AE Cancellation of registration
16AF No transfer of registration
16AG No refund of registration fees
16AH Applying for registration after cancellation
Division 3--Written-off vehicles
PART 2A--RECORDS OF PERSONS DRIVING MOTOR VEHICLES
PART 3--LICENSING OF DRIVERS
PART 3A--AUTOMATED VEHICLES
33C Application for ADS permit
33D Determination of application
33E ADS permit
33F What an ADS permit authorises
33G Conditions of ADS permit
33H Cancellation, suspension or variation of ADS permit
33I Offences related to driving, or being in charge of, automated vehicle for which an ADS permit is not in force
33J Offence to drive, or be in charge of, automated vehicle operating in breach of ADS permit condition
33K Power of Secretary to conduct tests or assessments
33L Secretary may maintain records of persons driving, or in charge of, automated vehicles
33M Minister may issue guidelines
33N Power to exempt from, or vary the operation of, this Act, the regulations or rules
PART 4--DEMERIT POINTS
Division 1--Interpretation
Division 2--Demerits Register
Division 3--Holders of Victorian driverlicence or learner permit
36 Demerit point option notice
37 Further demerit point option notice
38 Extended demerit point period
39 Person elects to extend demerit point period and incurs no additional demerit points
40 Person elects to extend demerit point period and incurs additional demerit points or has driver licence or learner permit cancelled or suspended for a driving offence
41 Person fails to elect to extend demerit point period
41A Persons whose driver licence or learner permit is suspended or cancelled
42 Suspension of driver licence or learner permit under this Division
43 Cancellation of suspension if service ineffective
44 Suspension of driver licence or learner permit cancelled or suspended other than under this Division
45 Cancellation of demerit point option notice
46 Effect of cancellation of demerit points on suspension under section 40
46AA Effect of cancellation of demerit points on suspensions under sections 41 and 41A
Division 4--Holders of overseas licences and unlicensed drivers
46A Driving disqualification notice
46B Period of disqualification
46C Cancellation of disqualification if service ineffective
46D Effect of cancellation of notified demerit points
Division 5--General
46E Service of notices
46EA ADS permit holders
46F Cancelled demerit points to be disregarded
46G Admissibility of demerit points
46H Appeal to Magistrates' Court
46I Stay of suspension or disqualification
PART 5--OFFENCES INVOLVING ALCOHOL OR OTHER DRUGS
PART 5A--BEHAVIOUR CHANGE PROGRAM
Division 1--Requirement to complete behaviour change program
Division 3--Fees relating to behaviour change program
Division 4--Participation in and completion of behaviour change program
PART 6--OFFENCES AND LEGAL PROCEEDINGS
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
84BEA Failure to give effective statement
84BEB Date of failure to give effective statement and time for commencement of proceeding
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
84BIA Cancellation of licence and disqualification
PART 6AB--SAFE DRIVING PROGRAMS
Division 1--Preliminary
84BJ Definitions
84BK Part does not affect other penalty
Division 2--Requirement to complete approved safe driving program
84BL Court order for completion of approved safe driving program
84BM Secretary to notify person of program and period for completion
84BN Failure to complete approved safe driving program
Division 3--Approval of safe driving programs and providers of safe driving programs
84BO Secretary may approve safe driving programs
84BP Secretary may approve providers of safe driving programs
84BQ Conditions etc. on approval of providers
84BQA Transfer of approval of provider
84BQB Transition of certain matters on transfer of approval
84BR Cancellation or suspension of approval of provider
84BS Review by Tribunal
Division 4--Fee relating to approved safe driving program
PART 6A--IMPOUNDMENT, IMMOBILISATION AND FORFEITURE OF MOTOR VEHICLES
Division 1--Preliminary
84C Definitions
84D This Part does not affect other penalties
Division 2--Impoundment or immobilisation by Victoria Police
Division 3--Impoundment, immobilisation or forfeiture by court order
84S Impoundment or immobilisation order
84T Forfeiture order
84TA Application to register financing statement after impoundment or immobilisation order or forfeiture order
84U Application for an impoundment or immobilisation order or a forfeiture order
84V Substitution of motor vehicle
84W Notice of application
84WA Application to register financing statement after serving notice of application
84X Interest in motor vehicle not to be transferred
84Y Notice where 2 or more offences charged
84YA Direction not to transfer registration or register motor vehicle
84YB Secretary 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
84ZAB Interest in motor vehicle not to be transferred
84ZAC Breach of undertaking
84ZB When order takes effect
84ZC Powers of police and authorised officers to enforce orders
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
84ZQ Sale or disposal of uncollected motor vehicles and items
84ZQA Notice to be given of intention to sell or dispose
84ZQAB Sale or disposal of motor vehicles and items deemed to be abandoned
84ZQAC Notice to be given of intention to deem motor vehicle abandoned
84ZQAD Application for order that motor vehicle is not abandoned
84ZQB Application to register financing statement after giving notice of intention to sell etc.
84ZQC Application to register financing statement if motor vehicle vests in Crown
84ZQD Application of proceeds of sale
84ZR Sale or disposal of motor vehicle subject to forfeiture order
84ZRA Notice to be given of intention to sell or dispose
84ZRB Application to register financing statement after giving notice of intention to sell motor vehicle subject to forfeiture order
84ZS Application of proceeds of sale
84ZT Disposal of motor vehicle , item or thing subject to disposal order
84ZU Notice to be given of intention to apply for disposal order
84ZUA Application to register financing statement after giving notice of application for disposal order
84ZV Application for disposal order
84ZW Hearing of application for and making of disposal order
84ZWA Application to register financing statement after making of disposal order
84ZX Application of proceeds of sale
Division 6--Inspection of impounded, immobilised or forfeited motor vehicles
PART 6B--IMMEDIATE LICENCE OR PERMIT SUSPENSION
Division 1--Immediate licence or permit suspension for certain drug or alcohol related offences
85 Immediate licence or permit suspension for charges for certain drug or alcohol related offences
85A Immediate licence or permit suspension for charges for other drug or alcohol related offences
85B Immediate licence or permit suspension where certain certificates of breath or blood alcohol concentration issued
85C Period of suspension
85D Effect of issue of traffic infringement notice
85E Effect of charging a person who has licence or permit suspended under section 85B
Division 2--Immediate licence or permit suspension for certain speeding offences
85F Immediate licence or permit suspension for certain speeding offences
85G Immediate licence or permit suspension where certain traffic infringement notices issued
85H Period of suspension
Division 3--Immediate licence or permit suspension for certain other offences
85IAA Definition
85I Immediate licence or permit suspension for certain offences resulting in injury or death
85IA Immediate licence or permit suspension for certain other offences
85J Period of suspension
Division 4--General provisions
85K When does suspension commence?
85L Content and copies of notice
85M When is a person charged with an offence?
85N Surrender of licence or permit document
85O Effect of suspension under this Part
85P Effect of later cancellation or suspension of licence or permit
85Q Cancellation of suspension
85R Supervising driver offences
85S Appeal to the Magistrates' Court
85T Orders Magistrates' Court may make in the proceeding
85U Cross-examination as to offence with which person is charged
85V Prohibition on use of information or documents in subsequent proceedings
85W Orders courts may make during other processes
PART 6C--IMMEDIATE NON‑VICTORIAN LICENCE OR PERMIT HOLDER AND UNLICENSED DRIVER DISQUALIFICATION
Division 1--Preliminary
Division 2--Immediate disqualification for certain drug or alcohol related offences
85Y Immediate disqualification for charges for certain drug or alcohol related offences
85Z Immediate disqualification for charges for other drug or alcohol related offences
85ZA Immediate disqualification where certain certificates of breath or blood alcohol concentration issued
85ZB Period of disqualification
85ZC Effect of issue of traffic infringement notice
85ZD Effect of charging a person who has been disqualified under section 85ZA
Division 3--Immediate disqualification for certain speeding offences
Division 4--Immediate disqualification for certain other offences
85ZH Immediate disqualification for certain offences resulting in injury or death
85ZHA Immediate disqualification for certain other offences
85ZI Period of disqualification
Division 5--General provisions
85ZJ When does disqualification commence?
85ZK Content and copies of notice
85ZL When is a non-Victorian licence or permit holder or unlicensed driver charged with an offence?
85ZM Effect of disqualification under this Part
85ZN Effect of later disqualification by a court
85ZO Cancellation of disqualification
85ZP Supervising driver offences
85ZQ Appeal to the Magistrates' Court
85ZR Orders Magistrates' Court may make in the proceeding
85ZS Cross-examination as to offence with which person is charged
85ZT Prohibition on use of information or documents in subsequent proceedings
85ZU Orders courts may make during other processes
PART 7--INFRINGEMENTS
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 to council controlled areas
90H Wheel clamping agreements
PART 7B--USE AND DISCLOSURE OF INFORMATION
90I Interpretation
90J Information to which this Part applies
90K Authorised use or disclosure
90L Exceptional circumstances
90M Verification of information
90N Information protection agreements
90O Disclosure not mandatory
90P Freedom of Information Act 1982
90Q Offences
90R Discovery for purpose of recovery of private car park fees
PART 8--GENERAL
93 Service of notices
93A Guidelines for industry codes of practice
93B Registration of industry codes of practice
94 Approvals by Chief Commissioner or Secretary
94A Supreme Court—limitation of jurisdiction
94B Supreme Court—limitation of jurisdiction
95 Regulations
95B Exemption of certain statutory rules from RIS
95C Extension of operation of Regulations
95D Rules
95E Gazette notices may incorporate document etc.
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
99C Minister may designate road safety research trial
100 Inconsistent regulations or by-laws
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
103U Definition
103V Transitional provision 2009 Act—Section 79 evidence
103W Transitional provision 2009 Act—Section 80A evidence
103X Transitional provision 2009 Act—Section 81 evidence
103Y Transitional provision 2009 Act—Section 83 certificates
103Z Transitional provision 2009 Act—Section 83A certificates
103ZA Transitional provision—Justice Legislation Amendment Act 2010
103ZB Transitional provision—Health and Human Services Legislation Amendment Act 2010
103ZC Transitional provision—Road Safety Amendment (Hoon Driving) Act 2010
103ZD Transitional provision—Road Safety Amendment (Hoon Driving and Other Matters) Act 2011
103ZE Transitional provision—Road Safety Amendment Act 2012
103ZF Transitional provision—Road Safety and Sentencing Acts Amendment Act 2012
103ZG Transitional provisions—Road Safety and Sentencing Acts Amendment Act 2013
103ZH Transitional provision Heavy Vehicle National Law Application Act 2013
103ZHA Transitional provisions—Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013
103ZHB Transitional provision—Road Legislation Amendment Act 2013
103ZI Transitional provisions—Road Safety Amendment Act 2014
103ZJ Transitional provision—Road Legislation Further Amendment Act 2016
103ZK Transitional provisions—Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017
103ZL Transitional provision—Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017
103ZLA Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019
103ZLB Transitional provision—Transport Legislation Miscellaneous Amendments Act 2021
103ZM Transitional provisions—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019
103ZN Transitional provision—Transport Legislation Amendment Act 2020
104 Validation of certain resolutions fixing higher penalties for parking infringements
105 Certain local laws to have force and effect despite inconsistency with regulations
105A Validation concerning certain alcohol interlock conditions
PART 8A--TRANSITIONAL ARRANGEMENTS--TRANSPORT LEGISLATION AMENDMENT ACT 2019
PART 9--INSPECTIONS AND SEARCHES CONCERNING HEAVY VEHICLES
Division 1--Preliminary matters
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
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
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
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
Division 5--Provisions concerning defences
179 Reasonable steps defence
181 Exclusion of mistake of fact defence
Division 7--Sentencing considerations for mass, dimension or load restraint breaches
188 Matters to be taken into consideration by courts
Division 8--Other matters
PART 10A--FATIGUE MANAGEMENT LIGHT BUSES
Division 1--Application of Heavy Vehicle National Law (Victoria)
Division 2--Meaning of terms for Heavy Vehicle National Law (Victoria)
191C Meaning of fatigue-regulated heavy vehicle
191D Meaning of fatigue-regulated bus
191E Meaning of Regulator
191F Meaning of responsible Ministers
191G Meaning of this Law
191H Meaning of authorised officer
http://www.austlii.edu.au/au/legis/vic/consol_act/rsa1986125/