Victorian Consolidated Legislation

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.