ROAD SAFETY ACT 1986

Victorian Consolidated Legislation

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ROAD SAFETY ACT 1986

No. 127 of 1986
Version incorporating amendments as at 28 February 2008

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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
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. 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
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
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 camera devices are
sufficient 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

84ZQ. Sale or disposal of uncollected motor vehicles and items
84ZR. Sale or disposal of motor vehicle subject to forfeiture
order
84ZS. 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
96. Disallowance of regulations, notices and orders
96A. Application orders and emergency orders
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. Driver base
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 11-ADDITIONAL PROVISIONS CONCERNING BREACHES OF MASS, DIMENSION AND LOAD RESTRAINT LIMITS AND REQUIREMENTS BY HEAVY VEHICLES

Division 1-Preliminary matters

191A. Application of Commonwealth Acts Interpretation
Act 1901.
192. This Part only applies to relevant heavy vehicle offences
193. Definitions
194. Meaning of associate
195. Meaning of operator

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
3, 4-Repealed
SCHEDULE 5-Minimum Suspension Periods for Excessive Speed
SCHEDULE 6-Repealed
---------------
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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