ROAD SAFETY (DRIVERS) REGULATIONS 1999 S.R. No. 26/1999 Version incorporating amendments as at 1 July 2009 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - TABLE OF PROVISIONS Regulation Page PART 1-PRELIMINARY 101. Objective 102. Authorising provision 103. Commencement 104. Definitions PART 2-DRIVER LICENCES AND PERMITS Division 1-General 201. Eligibility to apply for licence or permit 201A. Supervised driving experience for licence applicants less than 21 years 202. Driver licences and learner permits 203. Requirements for applying for licence 203A. Applications for driver licence for persons under 21 years of age 204. Surrender of current driver licence or permit 205. Refusal of driver licence or learner permit 206. Issue of driver licence or learner permit 207. Conditions on driver licences or learner permits 208. Licence expiry date 209. Notice of renewal of driver licence 210. Renewal of a driver licence Division 2-Learner and probationary drivers 211. High powered motor vehicles 211A. Offence to drive high powered motor vehicle 211B. Restrictions affecting certain motor cycle riders 211C. Towing of vehicles by P1 probationary driver licence holders 212. Duration of learner permit 213. Restrictions affecting learner drivers 214. Learners must display appropriate plates 215. P1 probationary driver licence 215A. P2 probationary driver licence 215B. Transition from P1 probationary driver licence to P2 probationary driver licence 215C. Extension of probationary driver licence 215D. Variation of P2 probationary driver licence to P1 probationary driver licence 215E. Variation of full driver licence to P2 probationary driver licence 216. Certain licences need not be probationary 217. Probationary drivers must have "P" plates 218. Revoked 219. Passenger restriction for probationary driver licences 219A. Peer passenger restrictions for P1 probationary drivers Division 3-Exemptions 220. Drivers under instruction 221. Licences etc issued outside Victoria Division 4-Other requirements 222. Form of document 223. Issue of replacement driver licence or permit 224. Records 225. Change of name, address or condition 226. Tests 227. Verification of record and monitoring of compliance 228. Notification offences PART 3-VARIATION, SUSPENSION OR CANCELLATION Division 1-Demerit points 301. Demerit points 302. Notification of too many demerit points 302A. Cancellation of certain demerit points Division 2-Cancellation etc. by Corporation 303. Variation, suspension or cancellation of driver licence or permit 304. Procedures for variation, suspension and cancellation of driver licence or permit PART 4-REVIEW RIGHTS 401. Corporation to ensure notification of review rights 402. Application for internal review 403. Appeal to the Magistrates' Court 404. Appeals about demerit points 405. Affected person entitled to be given reasons PART 5-FATIGUE MANAGEMENT 501. Calculation of time 502. Calculating time within the participating zone 503. Calculating time from outside the participating zone 504. Reset rest breaks when changing work/rest hours option 505. Accreditation fees 506. Accreditation record requirements 507. Emergency services 507A. Approval of certain matters by the Australian Transport Council 508. Application for work diary exemption 508A. Form of written work diaries 509. Issue of written work diaries 510. Approval of electronic work diaries 511. Labelling of electronic work diary devices 512. Variation or cancellation of approval on application 513. Variation or cancellation of approval-without application 513A. Notice of variation of approval 514. Removal of electronic work diary approval label 515. Corporation may permit the use of diaries whose approval has been cancelled PART 6-FEES 601. Fees 601A. Reduced licence renewal fee for good drivers 602. Search and extract fees 603. Application of fees 604. Refunds of fees PART 7-TRANSITIONAL PROVISIONS 701. Licence or permits issued under revoked regulations 702. Probationary licence amendments 703. Learner approved motor cycle scheme __________________ SCHEDULE 1-Revoked SCHEDULE 2-General Fees SCHEDULE 2A-Offences which Disqualify Drivers from Licence Renewal Fee Reductions SCHEDULE 3-Search and Extract Fees --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - PART 1 PART 1 PRELIMINARY 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 101 Objective 101. Objective The objective of these Regulations is to make provision under the Road Safety Act 1986 for driver licences and permits, hours of driving of heavy trucks and commercial buses and the charging of fees. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 102 Authorising provision 102. Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 103 Commencement 103. Commencement These Regulations come into operation on 1 May 1999. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 104 Definitions 104. Definitions In these Regulations- appropriate fee, in relation to an amount payable under a provision of these Regulations, means- (a) in the case of a provision referred to in item 1 or 2 of Schedule 2, the amount prescribed in that Schedule as being payable under that provision or, if regulation 601A(2) applies, that amount as reduced in accordance with that regulation; or (b) in any other case, the amount (if any) prescribed in Schedule 2 or 3 as being payable under that provision; Australian driver licence means a driver licence, probationary driver licence, conditional driver licence, or licence receipt (other than a learner permit or learner licence) issued under a law in force in Victoria or another jurisdiction authorising the holder to drive a motor vehicle on a highway; car means a motor vehicle, other than a motor cycle or motor trike, with a GVM of not more than 4×5 tonnes or that is constructed or equipped to seat not more than 12 adults including the driver; converter dolly means a trailer with one axle group or single axle and a fifth wheel coupling designed to convert a semi-trailer into a dog trailer; driver under instruction plate means- (a) if displayed on a car, a plate approximately 150 millimetres by 150 millimetres bearing the words "driver under instruction" in black letters clearly marked on a yellow background; and (b) if displayed on a heavy vehicle or bus, a plate approximately 525 millimetres by 250 millimetres bearing the words "driver under instruction" in black letters clearly marked on a yellow background; experienced driver, in relation to a motor vehicle, means a person who at the relevant time holds- (a) a full driver licence which authorises the person to drive that motor vehicle; or (b) an appropriate licence or permit which would exempt the person from the requirements of section 18(1)(a) of the Act in respect of the driving of that motor vehicle and which is not expressed to be learner, provisional or probationary; expiry date means the expiry date referred to in regulation 208; high powered motor vehicle has the meaning given in regulation 211; jurisdiction means an Australian state or internal territory; L plate means a plate measuring approximately 150 millimetres by 150 millimetres that has a black letter "L" clearly marked on a yellow background; learner approved motor cycle means a motor cycle, or class of motor cycle, approved by the Corporation as a learner approved motor cycle under regulation 211B(5); learner driver means a person who has a learner permit (including an interstate learner permit) and does not have an appropriate driver licence or other permit; major rest break means a rest break of at least 5 continuous hours; medical practitioner means a person registered or licensed as a medical practitioner under the law of Victoria or the law of another Australian State or Territory that provides for the registration or licensing of such persons; motor cycle licence means a licence referred to in regulation 202(1)(g); motor trike means a motor vehicle with 3 wheels, but does not include a motor cycle with a side car attached or a motor vehicle with 3 wheels that has a body type that is similar to, or is commonly known as, a sedan, station wagon, coupe convertible, roadster, utility, tray top or van; non-participating zone means all jurisdictions that are not participating jurisdictions; participating zone means all participating jurisdictions; personal particulars, in relation to a person, means the first name, second and third initials (if any) and family name of the person, the person's date of birth, the person's residential address and, if there is no postal service to the person's residential address, an address for the service of notices; P plate means- (a) in relation to the holder of a P1 probationary driver licence, a plate measuring approximately 150 millimetres by 150 millimetres that has a white letter "P" clearly marked on a red background; (b) in relation to the holder of a P2 probationary driver licence, a plate measuring approximately 150 millimetres by 150 millimetres that has a white letter "P" clearly marked on a green background; (c) in relation to the holder of a provisional or probationary driver licence issued under a corresponding law of another jurisdiction which requires the holder of that licence to display a "P" plate while driving a motor vehicle, a "P" plate that complies with the relevant requirements of that corresponding law; P1 probationary driver licence means a probationary driver licence granted by the Corporation in accordance with regulation 215 or a licence as varied under regulation 215D; Note Probationary driver licence is defined in section 3 of the Act. P1 probationary period means the period during which a person holds a P1 probationary driver licence; P2 probationary driver licence means a probationary driver licence granted by the Corporation in accordance with regulation 215A or a licence as varied under regulation 215E; Note Probationary driver licence is defined in section 3 of the Act. P2 probationary period means the period during which a person holds a P2 probationary driver licence; power mass ratio, in relation to a motor vehicle, means the ratio between the power output of the engine of the motor vehicle at the time of its manufacture including any additional output resulting from any modification to the motor vehicle after its manufacture expressed in kilowatts and the unladen mass of the motor vehicle expressed in tonnes; Road Rules or RR means the Road Rules within the meaning of the Road Safety (Road Rules) Regulations 1999; the Act means the Road Safety Act 1986. _______________ 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - PART 2 PART 2 DRIVER LICENCES AND PERMITS Division 1-General 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 201 Eligibility to apply for licence or permit 201. Eligibility to apply for licence or permit (1) The following persons are not eligible to apply for a driver licence or permit- (a) a person who is disqualified from driving under the law of Victoria or another Australian State or Territory; (b) a person whose Australian driver licence has been suspended, during the period of that suspension; (c) a person who is disqualified from driving under the law of another country in circumstances which, if they occurred in Victoria, would have resulted in the person being disqualified from driving in Victoria. (2) For the purposes of section 19(2)(b) of the Act, it is a requirement for being granted a driver licence- (a) that the person be a resident of Victoria; and (b) in the case of an application for a car driver licence that the person has held a car learner permit for- (i) if the person is less than 21 years old, not less than 12 months immediately before obtaining a car driver licence; or (ia) if the person is at least 21 years old but less than 25 years old, not less than 6 months immediately before obtaining a car driver licence; or (ii) if the person is at least 25 years old, for not less than 3 months immediately before obtaining a car driver licence; and (c) in the case of an application for a motor cycle licence that the person has- (i) held a motor cycle learner permit for at least 3 months immediately before obtaining a motor cycle licence; or (ii) has completed a training course in motor cycle driving that is approved by the Corporation; and (d) in the case of an application for a light rigid vehicle licence or medium rigid vehicle licence, that the person has, at some time, held an Australian driver licence to drive a car for a period of at least 12 months; and (e) in the case of an application for a heavy rigid vehicle licence that the person has, at some time, held an Australian driver licence to drive a car for a period of at least 24 months; and (f) in the case of an application for a heavy combination vehicle licence, that the person has, at some time, held an Australian driver licence to drive a car for a period of at least 24 months and an Australian driver licence to drive a medium rigid vehicle or heavy rigid vehicle for a period of at least 12 months; and (g) in the case of an application for a multi-combination vehicle licence, that the person has- (i) at some time, held an Australian driver licence to drive a heavy combination vehicle or a heavy rigid vehicle for a period of at least 12 months; and (ii) completed a driver training course approved by the Corporation. (3) A person is exempted from the requirements of paragraphs (b) to (g) of subregulation (2) if the person holds an Australian driver licence of a category or class equivalent to the category of licence applied for. (4) In calculating the periods for which a person has held a driver licence referred to in subregulation (2)- (a) some or all of the periods during which the person has held a licence to drive a motor vehicle in an external Territory of Australia or another country may be taken into account; and (b) any period for which the person's driver licence has been suspended or the person has been disqualified from driving must be excluded. (5) The Corporation may reduce the minimum period required under subregulation (2)(b)(i) or (ii) if the person has held a motor cycle licence or motor cycle learner permit for at least 12 months. (6) The Corporation may exempt a person from the requirements of subregulation (2)(b), (c), (d), (e), (f) or (g) if the nature of the person's occupation or employment or family circumstances are such that compliance with the regulation would impose undue hardship on the person or the person's family having regard to the likely effect of the exemption on safe, efficient and equitable road use in Victoria. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 201A Supervised driving experience for licence applicants less than 21 years 201A. Supervised driving experience for licence applicants less than 21 years (1) For the purpose of section 19(2)(b) of the Act, in addition to the requirement in regulation 201(2)(b)(i), in the case of an applicant for a driver licence who is under the age of 21 years at the time of his or her application, it is a requirement for being granted a probationary driver licence that the applicant has a minimum driving experience of 120 hours of supervised driving on roads, including the number of hours of night driving determined by the Corporation. Note Road is defined in section 3 of the Act. (2) The Corporation may exempt a person from the requirement of subregulation (1) if the nature of the person's occupation, employment or family circumstances is such that compliance with the requirement would impose undue hardship on the person or the person's family, taking into consideration- (a) the person's driving experience and the circumstances in which that experience was obtained; and (b) the likely effect of the exemption on safe, efficient and equitable road use in Victoria. (3) If the Corporation exempts a person from the requirement of subregulation (1) it may impose conditions on the person's driver licence which, for a specified period- (a) limit the carriage of passengers; (b) limit routes of travel; (c) restrict driving to specified times of the day; (d) restrict driving to specified days of the week. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 202 Driver licences and learner permits 202. Driver licences and learner permits (1) For the purposes of these Regulations, the categories of driver licence and learner permit are- (a) car; (b) light rigid vehicle; (c) medium rigid vehicle; (d) heavy rigid vehicle; (e) heavy combination vehicle; (f) multi-combination vehicle; (g) motor cycle. (2) The holder of a motor cycle licence or motor cycle learner permit may drive a motor cycle or motor trike. (3) The holder of a car licence or car learner permit may drive a motor vehicle other than- (a) a motor cycle or motor trike; or (b) a motor vehicle with a GVM of more than 4×5 tonnes or that is constructed or equipped to seat more than 12 adults including the driver. (4) The holder of a light rigid vehicle licence may drive a motor vehicle that- (a) has a GVM greater than 4×5 tonnes but not greater than 8 tonnes; or (b) seats more than 12 adults (including the driver) and has a GVM not greater than 8 tonnes. (5) The holder of a medium rigid vehicle licence may drive a motor vehicle that has 2 axles and a GVM greater than 8 tonnes. (6) The holder of a heavy rigid vehicle licence may drive- (a) a motor vehicle that has 3 or more axles and a GVM greater than 8 tonnes; or (b) a bus consisting of more than one rigid section with passenger access between the sections and the sections connected to one another so as to allow rotary movement between the sections. (7) The holder of a heavy combination vehicle licence may drive- (a) a prime mover to which is attached a single semi-trailer that has a GVM greater than 9 tonnes plus any unladen converter dolly; or (b) a rigid motor vehicle to which is attached a trailer that has a GVM greater than 9 tonnes plus any unladen converter dolly. (8) The holder of a multi-combination vehicle licence may drive any motor vehicle or combination of vehicles other than a motor cycle or a motor trike. (9) The holder of a driver licence may, in addition to driving motor vehicles authorised by that category of driver licence, drive vehicles authorised by any category in paragraphs (a) to (f) of subregulation (1) that is listed in alphabetical order before the first mentioned category. (10) The holder of a driver licence of the category car or light rigid vehicle may drive a motor vehicle in that licence category that is towing a single trailer with a GVM not greater than 9 tonnes. (11) The holder of a driver licence of the category medium rigid or heavy rigid may drive a motor vehicle in that licence category that is towing a single trailer (other than a semi-trailer) that has a GVM not greater than 9 tonnes. (12) A licence category may be shown on a driver licence or learner permit by means of a code set out in Table 202. (13) In Table 202, the code in column 1 refers to the category of driver licence or learner permit set out opposite that code in column 2. Table 202 Column 1 Licence or permit code Column 2 Licence or permit category R motor cycle C car LR light rigid vehicle MR medium rigid vehicle HR heavy rigid vehicle HC heavy combination vehicle MC multi-combination vehicle 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 203 Requirements for applying for licence 203. Requirements for applying for licence (1) An applicant for the issue or variation of a driver licence or learner permit must give the Corporation an application in writing that contains or is accompanied by- (a) personal particulars of the applicant; and (b) evidence to verify those personal particulars; and (c) the appropriate fees. (2) The Corporation may require an applicant for the issue or variation of a driver licence or permit- (a) to have his or her photograph taken or digitised image made or to provide a photograph or digitised image in a form specified by the Corporation; and (b) to provide a specimen signature; and (c) in the case of a person who has been disqualified from driving in another jurisdiction after being convicted of an offence involving alcohol or other drugs, to provide evidence that the applicant has- (i) complied with any requirements of the law of that jurisdiction relating to the assessment of drivers convicted of offences involving alcohol or other drugs; or (ii) completed an accredited drink driving education program. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 203A Applications for driver licence for persons under 21 years of age 203A. Applications for driver licence for persons under 21 years of age (1) For the purpose of section 19(2)(b) of the Act, an applicant for a driver licence who is less than 21 years of age must provide to the Corporation together with his or her licence application- (a) a learner log book showing that the applicant has the minimum driving experience referred to in regulation 201A(1); and (b) a declaration of completion in accordance with subregulation (3). (2) An applicant for a driver licence is not required to comply with subregulation (1) if the applicant has been granted an exemption from the requirement to complete the minimum driving experience under regulation 201A(2). (3) For the purpose of subregulation (1)(b) a declaration of completion must- (a) be in a form approved by the Corporation; and (b) be signed by the applicant; and (c) contain a statement signed by a driver who has supervised the applicant stating that the applicant has completed the minimum driving experience required by regulation 201A(1). Note It is an offence under section 71 of the Act to attempt to obtain a licence by making a false statement. (4) This regulation does not apply in relation to an application for a motor cycle licence. (5) In this regulation, learner log book means a record, in a form approved by the Corporation, of a person's driving experience. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 204 Surrender of current driver licence or permit 204. Surrender of current driver licence or permit (1) If an applicant for a driver licence or permit, or a variation of a driver licence or permit, holds a current licence or permit to drive a motor vehicle issued in another Australian State or Territory or another country, the applicant must surrender that licence or permit to the Corporation before the issue of the driver licence or permit in Victoria. Penalty: 2 penalty units. (2) The Corporation may exempt a person from surrendering a licence or permit issued in another country if the Corporation is satisfied that- (a) the person will require the licence or permit for driving in the country of issue during the period of the licence or permit issued under the Act; or (b) the licence or permit is part of another authority that the person requires during the period of the driver licence or permit issued in Victoria. (3) If an applicant for a driver licence surrenders a licence to drive a motor vehicle referred to in subregulation (1), the Corporation- (a) may issue a driver licence which expires on the day on which the surrendered licence would have expired; and (b) must waive the licence fee if the surrendered licence was issued in another jurisdiction. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 205 Refusal of driver licence or learner permit 205. Refusal of driver licence or learner permit (1) The Corporation may refuse an application for the issue or variation of a driver licence or learner permit if the Corporation is satisfied that- (a) the person is not eligible for the category of licence or permit or the variation applied for; or (b) the applicant does not have sufficient knowledge of road law or driving ability or is not suitable to hold a driver licence or permit; or (c) the applicant has refused or failed to submit to, or has not passed, all appropriate tests required by the Corporation under the Act; or (d) the applicant has not complied with the requirements of regulation 203(2)(c); or (e) any other requirement of the Act or these Regulations has not been complied with. (2) The Corporation may have regard to a judgment, order or decision made under or in accordance with a law of the Commonwealth or another Australian State or Territory under which authority is given to drive motor vehicles on highways in determining whether to refuse an application for the issue or variation of a driver licence or learner permit. (3) The Corporation must refuse to consider an application for a driver licence by an applicant who is under 21 years of age at the time of making the application, if the applicant fails to comply with regulation 203A. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 206 Issue of driver licence or learner permit 206. Issue of driver licence or learner permit (1) If the Corporation approves an application, it must issue a driver licence or learner permit of the category applied for by the applicant. (2) The Corporation may issue a driver licence receipt or permit receipt as an interim measure prior to the issue of a licence document in the form required by regulation 222. (3) A driver licence or permit receipt ceases to be in force 2 months after the date of its issue or the day on which a driver licence or permit in respect of the same category of vehicle is given to the holder, whichever occurs first. (4) A driver licence receipt or permit receipt must be in the form of the driver licence or permit required by regulation 222 except for the photograph or digitised image. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 207 Conditions on driver licences or learner permits 207. Conditions on driver licences or learner permits (1) A condition to which a driver licence or permit is subject may be shown on the driver licence or permit by means of a code. (2) If a condition is shown by a code, the driver licence document or permit document must bear a note to the effect that the condition can be found out by inquiry of the Corporation. (3) The holder of a driver licence or permit subject to conditions must carry, whilst driving, a notice issued by the Corporation containing a full explanation of those conditions if required by the Corporation to do so. Penalty: 1 penalty unit. (4) The holder of a driver licence or permit subject to conditions issued in another Australian State or Territory or another country must, when driving in Victoria, carry a notice issued by the driver licensing authority in that jurisdiction or country, containing a full explanation of the conditions to which the licence or permit is subject. Penalty: 1 penalty unit. (5) A code in column 1 in Table 207 may be used on a driver licence or permit to indicate that the licence or permit is subject to the condition corresponding to that code set out opposite that code in column 2 of the Table. Table 207 r. 207 Column 1 Condition code Column 2 Licence or permit condition A That the driver not drive a motor vehicle (other than a motor cycle, motor trike or tractor) with manual transmission if the driver- (a) holds a probationary licence; or (b) has a physical disability that prevents a driver from using manual transmission. B That if the holder drives a heavy vehicle or bus, the vehicle must be fitted with a synchromesh transmission. E That the driver- (a) not drive a motor cycle other than a learner approved motor cycle; and (b) not drive a motor cycle on which there is a pillion passenger- before the date appearing after the licence code R. I That the driver must only drive a motor vehicle fitted with an alcohol interlock. P That the driver must not drive a motor vehicle while carrying more than one other person. S That the driver must wear corrective lenses at all times while driving. V That the driver must drive only a motor vehicle fitted with specified driver aids, or modified as directed in writing by the Corporation. X That the driver must comply with any condition of which he or she has been notified in writing by the Corporation. Z That- (a) the driver not drive a motor vehicle if there is any concentration of alcohol present in the blood or breath of the driver; and (b) the driver licence document of the driver be in his or her possession at all times while he or she is driving or in charge of a motor vehicle. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 208 Licence expiry date 208. Licence expiry date A driver licence expires at the end of the day that is recorded in the records maintained by the Corporation as the end of the term specified in that licence. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 209 Notice of renewal of driver licence 209. Notice of renewal of driver licence (1) A notice of renewal of a driver licence is a notice- (a) addressed to the holder of the driver licence; and (b) stating that, if the driver licence is not renewed on or before a date specified in the notice, the driver licence will expire. (2) If the Corporation fails to send a notice of renewal of a driver licence or if the notice is not received by the holder of a driver licence, that failure or non receipt does not affect- (a) the expiry date of the driver licence; and (b) the obligation of the holder of the driver licence to renew the licence if he or she intends to drive a motor vehicle on a highway after the expiry date of his or her existing licence. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 210 Renewal of a driver licence 210. Renewal of a driver licence (1) A person may apply to the Corporation to renew his or her driver licence at any time within 5 years after the expiry date of the licence by giving the Corporation- (a) an application for renewal of the driver licence in the form approved by the Corporation; and (b) personal particulars necessary to identify the applicant, including any evidence that the Corporation may reasonably require in order to verify those particulars; and (c) the appropriate licence renewal fee. (2) The Corporation may require the applicant to comply with any of the requirements of this Division. (3) The Corporation must renew the driver licence if- (a) the applicant has complied with the requirements of this regulation; and (b) the Corporation would grant the applicant a new licence if he or she were applying for a licence under this Division. (4) The Corporation may refuse to renew a driver licence if the Corporation is satisfied that- (a) the applicant is not eligible for the category of licence applied for; or (b) the applicant does not have sufficient knowledge of road laws or driving ability, or is not suitable to hold the category of licence applied for; or (c) the applicant has not passed the appropriate tests required by the Corporation under the Act; or (d) any other requirement of the Act or these Regulations has not been complied with. (5) The expiry date of a renewed driver licence is to be calculated from- (a) the expiry date of the licence being renewed, if it is renewed before, on, or within 6 months after the expiry date; or (b) the day that the licence is renewed, if it is renewed more than 6 months after the expiry date of the licence being renewed but otherwise within 5 years after that expiry date. (6) A person whose driver licence is not renewed within 5 years after the licence expiry date is not entitled to apply for a renewal, but may apply for a new licence in accordance with this Division. $$NDIVISION Division 2-Learner and probationary drivers 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 211 High powered motor vehicles 211. High powered motor vehicles (1) Subject to subregulation (2), for the purpose of regulation 211A, a high powered motor vehicle is a motor vehicle (other than a motor cycle or motor trike) which- (a) has an engine with 8 cylinders or more; or (b) has an engine which is turbocharged or supercharged (other than a diesel powered vehicle); or (c) has an engine that has been modified to increase the vehicle's performance (other than a modification made by the manufacturer in the course of the manufacture of the vehicle); or (d) is declared by the Corporation under subregulation (4)(a) to be a high powered motor vehicle for the purposes of this regulation; or (e) has a modification declared by the Corporation under subregulation (4)(b) to be a high powered modification. (2) A high powered motor vehicle does not include a vehicle declared by the Corporation under subregulation (4)(c) not to be a high powered motor vehicle. (3) For the purpose of subregulation (1)(b), an engine is turbocharged if a turbocharger is installed in the vehicle, whether or not it is otherwise attached to the engine. (4) For the purpose of this regulation, the Corporation, by notice published in the Government Gazette, may- (a) declare that a vehicle or class of vehicle is a high powered motor vehicle; (b) declare that a modification to a vehicle or type of modification to a vehicle is a high powered modification; (c) declare that a vehicle, other than a vehicle with an engine having 8 cylinders or more, is not a high powered motor vehicle. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 211A Offence to drive high powered motor vehicle 211A. Offence to drive high powered motor vehicle (1) The holder of a probationary driver licence must not drive a high powered motor vehicle on a highway. Penalty: 10 penalty units. (2) Subregulation (1) does not apply to- (a) the holder of a probationary driver licence who is driving a high powered motor vehicle in the course of his or her employment and at the request of his or her employer; or (b) the holder of a probationary driver licence who is exempt from the requirement in subregulation (1) by the Corporation in accordance with subregulation (3); or (c) a member of the police force who, in the course of duty, is driving a motor vehicle; or (d) a person who is driving a high powered motor vehicle that is also a heavy vehicle if- (i) that person does not hold a driver licence that authorises the holder to drive that motor vehicle; and (ii) he or she is the holder of a driver licence of another category; and (iii) a person who holds an Australian driver licence which is appropriate for the category of vehicle that is being driven is sitting beside him or her; and (iv) there is a driver under instruction plate affixed to, and facing out from, the front and rear of the vehicle. (3) The Corporation, by instrument in writing, may exempt the holder of a probationary driver licence from the requirement of subregulation (1) if the nature of that person's employment or family circumstances is such that compliance with the regulation would impose undue hardship on the person or the person's family having regard to the likely effect of the exemption on safe, efficient and equitable road use in Victoria. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 211B Restrictions affecting certain motor cycle riders 211B. Restrictions affecting certain motor cycle riders (1) The holder of a motor cycle licence who has held that licence for a period of less than 12 months must not- (a) drive a motor cycle other than a learner approved motor cycle; or (b) drive a motor cycle on which there is a pillion passenger. Penalty: 3 penalty units. (2) The holder of a motor cycle learner permit must not- (a) drive a motor cycle other than a learner approved motor cycle; or (b) drive a motor cycle on which there is a pillion passenger. Penalty: 3 penalty units. (3) If the Corporation is satisfied that a person has motor cycle driving experience in another Australian State or Territory or another country, it may specify in the licence a shorter period than that required in subregulation (1). (4) Subregulations (1)(a) and (2)(a) do not apply to a member of the police force who, in the course of duty, is driving a motor cycle on which there is no pillion passenger. (5) For the purpose of this regulation, the Corporation may, if satisfied that a motor cycle or class of motor cycle is suitable to be a learner approved motor cycle, approve a motor cycle, or class of motor cycle, to be a learner approved motor cycle- (a) by notice published in the Government Gazette; or (b) by issuing a registration label, in accordance with the Road Safety (Vehicles) Regulations 19991, indicating that the motor cycle is a learner approved motor cycle. (6) In calculating the period for which a person has held a motor cycle driver licence referred to in subregulation (1), any period for which the person's driver licence has been suspended, or the person has been disqualified from driving, must be excluded. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 211C Towing of vehicles by P1 probationary driver licence holders 211C. Towing of vehicles by P1 probationary driver licence holders The holder of a P1 probationary driver licence must not drive a motor vehicle (other than a tractor) which is towing another motor vehicle or a trailer unless- (a) the P1 probationary driver licence holder is driving the motor vehicle in the course of his or her employment and at the request of his or her employer; or (ab) the P1 probationary driver licence holder is driving a motor vehicle which is being used solely in connection with agriculture, horticulture, dairying, pastoral or other like pursuits or commercial fishing; or (b) an experienced driver is sitting beside the P1 probationary driver licence holder and a driver under instruction plate is affixed to, and facing out from, the front and rear of the vehicle. Penalty: 2 penalty units. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 212 Duration of learner permit 212. Duration of learner permit (1) A learner permit to drive a motor vehicle (other than a motor cycle) expires 10 years after the day of its issue or when a driver licence which authorises the person to drive such a motor vehicle is issued to the person, whichever first occurs. (2) A learner permit to drive a motor cycle expires 15 months after the day of its issue or when a driver licence which authorises the person to drive a motor cycle is issued to the person, whichever first occurs. (3) A learner permit to drive a motor vehicle (other than a motor cycle) is capable of extension for a period not exceeding 10 years and may be extended more than once. (4) A learner permit to drive a motor cycle is not capable of extension. (5) The Corporation may require an applicant for extension of a learner permit- (a) to fill in a learner permit extension application form and give it to the Corporation; and (b) to have his or her photograph taken or digitised image made or to provide a photograph or digitised image in a form specified by the Corporation; and (c) to pay the appropriate fee to the Corporation. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 213 Restrictions affecting learner drivers 213. Restrictions affecting learner drivers (1) A learner driver must not- (a) drive a motor vehicle (other than a tractor) which is towing a trailer; or (b) drive a motor vehicle on a highway (other than a tractor, motor cycle or motor trike) unless an experienced driver is sitting beside him or her. Penalty: 2 penalty units. * * * * * (3) A car learner driver must not drive a tractor on a highway unless- (a) the tractor is being used solely in connection with agriculture, horticulture, dairying, pastoral or other like pursuits or commercial fishing; and (b) the person has had 10 hours of tractor driving experience. Penalty: 2 penalty units. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 214 Learners must display appropriate plates 214. Learners must display appropriate plates (1) A learner driver must not drive a motor vehicle on a highway (other than a tractor) unless an "L" plate is conspicuously displayed- (a) in the case of a motor cycle or motor trike, facing out from the rear of the motor cycle or motor trike; or (b) in any other case, facing out from the front and rear of the motor vehicle. Penalty: 2 penalty units. (2) An experienced driver referred to in regulation 213 must not sit beside a learner driver who is committing an offence against subregulation (1). Penalty: 2 penalty units. (3) A person who is not a learner driver must not drive a motor vehicle on a highway if there is displayed facing out from the front or rear of the motor vehicle a plate which is, or which resembles, an "L" plate. Penalty: 2 penalty units. (4) Subregulation (3) does not apply to a person who is instructing a learner driver and who drives the motor vehicle solely for the purposes of instruction. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 215 P1 probationary driver licence 215. P1 probationary driver licence (1) Subject to subregulation (2) and regulation 215A(2), if the Corporation grants a driver licence to an applicant who- (a) is less than 21 years of age; and (b) has not previously held a driver licence- the driver licence must be granted as a P1 probationary driver licence for the period that expires 1 year after the date of the granting of the licence (subject to extension under regulation 215C). (2) If the Corporation grants a driver licence to an applicant who- (a) is less than 21 years of age; and (b) has not previously held a driver licence; and (c) holds a provisional or probationary driver licence issued in another State or Territory or another country; and (d) has held that provisional or probationary licence for a period of less than 1 year- the driver licence must be granted as a P1 probationary driver licence for the period that expires 1 year after the date of the issue of the licence in the other State, Territory or country (subject to extension under regulation 215C). (3) If a person's P1 probationary driver licence is cancelled, any driver licence subsequently granted to that person must be granted as a P1 probationary driver licence for the period that expires 1 year after the date of the granting of the licence (subject to extension under regulation 215C). 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 215A P2 probationary driver licence 215A. P2 probationary driver licence (1) Subject to subregulations (3) and (4), if the Corporation grants a driver licence to an applicant who- (a) is aged 21 years or more; and (b) has not previously held a full driver licence- the driver licence must be granted as a P2 probationary driver licence for the period which expires 3 years after the date of the granting of the licence (subject to extension under regulation 215C). (2) If the Corporation grants a driver licence to an applicant who- (a) is less than 21 years of age; and (b) has not previously held a driver licence; and (c) holds a provisional or probationary driver licence issued in another State or Territory or another country; and (d) has held that provisional or probationary licence for a period of more than 1 year but less than 4 years- the driver licence must be granted as a P2 probationary driver licence for the period determined by the following formula (subject to extension under regulation 215C)- P2 probationary period = 4 years - IS where- IS is the period during which the applicant has held a driver licence issued in another State, Territory or country. Example A person has held a probationary driver licence issued in another State for 3 years. The P2 probationary period calculated using the formula is- 4 years - 3 years = 1 year. (3) If the Corporation grants a driver licence to an applicant who- (a) is aged 21 years or more; and (b) has not previously held a driver licence; and (c) holds a provisional or probationary driver licence issued in another State or Territory or another country; and (d) has held that provisional or probationary licence for a period of less than 3 years- the driver licence must be granted as a P2 probationary driver licence for the period determined by the following formula (subject to extension under regulation 215C)- P2 probationary period = 3 years - IS where- IS is the period during which the applicant has held a driver licence issued in another State, Territory or country. Example A person has held a probationary driver licence issued in another State for 1 year. The P2 probationary period calculated using the formula is- 3 years - 1 year = 2 years. (4) If the Corporation grants a driver licence to an applicant who- (a) is aged 21 years or more; and (b) has not previously held a driver licence; and (c) holds a provisional or probationary driver licence issued in another State or Territory or another country; and (d) has held that provisional or probationary licence for a period of 3 years or more- the driver licence must be granted as a full driver licence. (5) If a person's P2 probationary driver licence is cancelled, any driver licence subsequently granted to that person must be granted as a P2 probationary driver licence. (6) A driver licence issued in accordance with subregulation (5) must have a P2 probationary period which is same as the P2 probationary period of the cancelled licence (subject to extension under regulation 215C). Example A person's P2 probationary driver licence is cancelled by a court after 1 year. The P2 probationary period of the cancelled licence was 3 years. The Corporation subsequently grants a driver licence to the person. The P2 probationary period of that driver licence is 3 years, but may subsequently be extended by operation of regulation 215C. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 215B Transition from P1 probationary driver licence to P2 probationary driver licence 215B. Transition from P1 probationary driver licence to P2 probationary driver licence (1) The Corporation may grant a P2 probationary driver licence to the holder of a P1 probationary driver licence for the period that expires 3 years after the date of the granting of the licence (subject to extension under regulation 215C). (2) A P2 probationary driver licence granted under subregulation (1) must be granted on a day which is the later of- (a) if the Corporation requires the holder of a P1 probationary driver licence to pass any appropriate test or to comply with any other procedures or requirements before granting that person a P2 probationary driver licence, the day on which the person passes that test or complies with those procedures or requirements; or (b) if not, the day after the day on which the P1 probationary period, as extended by regulation 215C (as applicable), expires. (3) If the Corporation requires the holder of a P1 probationary driver licence to pass any appropriate test or to comply with any other procedures or requirements before granting that person a P2 probationary driver licence and the person does not pass that test or comply with those procedures or requirements, the person's driver licence remains a P1 probationary driver licence until that person passes that test or complies with those procedures or requirements (as the case requires). 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 215C Extension of probationary driver licence 215C. Extension of probationary driver licence (1) For the purpose of sections 21(1)(a), 21(2)(a) and 21(6)(a) of the Act and subject to subregulation (3), the Corporation must extend the P1 probationary period or P2 probationary period of a probationary driver licence for the period set out in subregulation (2) if- (a) the probationary driver licence is suspended; or (b) the holder of the probationary driver licence is convicted or found guilty of an offence under section 49(1) of the Act and the licence is not cancelled or suspended for that offence. (2) For the purpose of subregulation (1), the period for which the P1 probationary period or the P2 probationary period of the person's licence is extended is calculated using the formula- period of extension = S + 6 months where- S is the duration of the period of suspension (if any). Examples 1. A person who holds a P1 probationary driver licence commits a traffic related offence. The person's licence is suspended for 1 month by the Court. As a result, the P1 probationary period is extended by 7 months. 2. A person who holds a P1 probationary driver licence commits an offence against section 49(1) of the Act. The person's licence is not suspended or cancelled. As a result, the P1 probationary period is extended by 6 months. (3) For the purpose of sections 21(1)(a), 21(2)(a) and 21(6)(a) of the Act, if a person's P1 probationary driver licence or P2 probationary driver licence is suspended under- (a) section 24(1A) or 51 of the Act; or (b) regulation 303(1)- the Corporation must extend the P1 probationary period or P2 probationary period of that probationary driver licence for the period of the suspension of the licence. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 215D Variation of P2 probationary driver licence to P1 probationary driver licence 215D. Variation of P2 probationary driver licence to P1 probationary driver licence (1) If- (a) a person commits an offence while he or she held a P1 probationary driver licence; and (b) he or she holds a P2 probationary driver licence at the time that his or her licence is suspended for that offence- the Corporation must vary the driver licence held by that person to a P1 probationary driver licence for the period that expires 6 months after the date of the variation of that licence (subject to extension under regulation 215C). (2) If- (a) a person commits an offence under section 49(1) of the Act while he or she held a P1 probationary driver licence; and (b) he or she holds a P2 probationary driver licence at the time that he or she is convicted or found guilty of that offence; and (c) his or her licence is not cancelled or suspended for that offence- the Corporation must vary the driver licence held by that person to a P1 probationary driver licence for the period that expires 6 months after the date of the variation of that licence (subject to extension under regulation 215C). (3) A reference in subregulation (1) to a licence that is suspended does not include a licence suspended under section 51 of the Act. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 215E Variation of full driver licence to P2 probationary driver licence 215E. Variation of full driver licence to P2 probationary driver licence (1) If- (a) a person commits an offence while he or she held a P2 probationary driver licence; and (b) he or she holds a full driver licence at the time that his or her licence is suspended for that offence- the Corporation must vary the driver licence held by that person to a P2 probationary driver licence for the period that expires 6 months after the date of the variation of that licence (subject to extension under regulation 215C). (2) If- (a) a person commits an offence under section 49(1) of the Act while he or she held a P2 probationary driver licence; and (b) he or she holds a full driver licence at the time that he or she is convicted or found guilty of that offence; and (c) his or her licence is not cancelled or suspended for that offence- the Corporation must vary the driver licence held by that person to a P2 probationary driver licence for the period that expires 6 months after the date of the variation of that licence (subject to extension under regulation 215C). (3) A reference in subregulation (1) to a licence that is suspended does not include a licence suspended under section 51 of the Act. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 216 Certain licences need not be probationary 216. Certain licences need not be probationary The Corporation may issue a full driver licence to a person who has not previously held a driver licence in Victoria if the person has been authorised to drive a motor vehicle in another Australian State or Territory or another country, and the Corporation is satisfied that, by reason of age, experience, occupation or special circumstances, the person is fit to be granted a full driver licence. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 217 Probationary drivers must have "P" plates 217. Probationary drivers must have "P" plates (1) A probationary driver must not drive a motor vehicle (other than a tractor) on a highway unless a "P" plate is conspicuously displayed- (a) in the case of a motor cycle or motor trike, facing out from the rear of the motor cycle or motor trike; or (b) in any other case, facing out from the front and rear of the motor vehicle. Penalty: 2 penalty units. (2) A person who is not a probationary driver must not drive a motor vehicle on a highway if a "P" plate or a plate which resembles a "P" plate is displayed facing out from the front or rear of the vehicle. Penalty: 2 penalty units. (3) Subregulation (1) does not apply to a person who is- (a) a member of the police force who, in the course of duty, is driving a motor vehicle; or (b) a member of the Country Fire Authority who is driving a motor vehicle in the course of fire fighting operations; or (c) driving an ambulance service or a Victoria State Emergency Service vehicle in the course of duty. (4) In this regulation- probationary driver means a person who- (a) is the holder of a probationary driver licence; or (b) is the holder of a provisional or probationary licence issued under a corresponding law of another jurisdiction. * * * * * 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 219 Passenger restriction for probationary driver licences 219. Passenger restriction for probationary driver licences (1) If a P1 probationary driver licence is cancelled or suspended as the result of an offence committed by the licence holder during the probationary period of the licence and- (a) the suspension period has ended; or (b) the person has been issued with a further P1 probationary driver licence- the Corporation must impose on that licence a condition that the licence holder must not drive a motor vehicle while carrying more than one other person for the remainder of the P1 probationary period of the licence. (1A) A reference in subregulation (1) to a licence that is suspended does not include a licence suspended under section 51 of the Act. (2) A condition under subregulation (1) must not be applied to the holder of a P1 probationary licence more than once. (3) The Corporation is not required to impose a condition under subregulation (1) if it is satisfied that the nature of the person's employment or family circumstances is such that compliance with the regulation would impose undue hardship on the person or the person's family having regard to the likely effect of the condition on safe, efficient and equitable road use in Victoria. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 219A Peer passenger restrictions for P1 probationary drivers 219A. Peer passenger restrictions for P1 probationary drivers (1) A P1 probationary driver must not drive a motor vehicle on a highway in which there is more than one peer passenger. Penalty: 10 penalty units (2) Subregulation (1) does not apply to a P1 probationary driver- (a) who is a member of the police force and is driving a motor vehicle on a highway in the course of his or her duties; or (b) who is driving an emergency vehicle on a highway in the course of his or her employment or duties, or in accordance with any terms of a contract or any engagement; or (c) whose probationary licence is subject to a condition that the licence holder must not drive a motor vehicle on a highway while carrying more than one other person; or (d) who is driving a motor vehicle on a highway in which there is an experienced driver sitting beside the P1 probationary driver. (3) The Corporation, by instrument in writing, may exempt a P1 probationary driver from the requirement of subregulation (1) if the nature of that person's employment, essential activities or family circumstances is such that compliance with the regulation would impose undue hardship on the person or the person's family having regard to the likely effect of the exemption on safe, efficient and equitable road use in Victoria. (4) In this regulation- domestic partner has the same meaning as in the Road Safety (Vehicles) Regulations 1999; emergency vehicle has the same meaning as in the Road Rules; P1 probationary driver means- (a) a person who is the holder of a P1 probationary driver licence; or (b) a person who- (i) is the holder of a provisional or probationary licence issued under a corresponding law of another jurisdiction; and (ii) who has held that licence for less than 12 months and was under 21 years of age when that licence was issued to that person; peer passenger, in relation to a P1 probationary driver, means a person who is at least 16 years of age but no more than 21 years of age but does not include a person who is- (a) the spouse or domestic partner of the P1 probationary driver; or (b) sibling or step-sibling of the P1 probationary driver; spouse has the same meaning as in the Road Safety (Vehicles) Regulations 1999. Division 3-Exemptions 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 220 Drivers under instruction 220. Drivers under instruction (1) A person who is driving a motor vehicle and who does not hold a driver licence that authorises the holder to drive a motor vehicle of that category is exempted for the purposes of section 18(1) of the Act if- (a) he or she is the holder of a driver licence of another category (other than a motor cycle licence); and (b) a person who holds an Australian driver licence which is appropriate for the category of vehicle being driven is sitting beside him or her. (2) A person driving a motor vehicle in accordance with subregulation (1) must have conspicuously displayed on the front and rear of the motor vehicle a driver under instruction plate. Penalty: 2 penalty units. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 221 Licences etc issued outside Victoria 221. Licences etc issued outside Victoria (1) A person, who- (a) has an appropriate licence or permit to drive a motor vehicle issued in another State or Territory of Australia or in New Zealand and who was ordinarily resident in the issuing State or Territory or New Zealand at the time of issue; or (b) has an appropriate licence or permit to drive a motor vehicle issued in another country and written in the English language or accompanied by an accurate English translation and who was ordinarily resident in that country at the time of issue; or (c) has an appropriate licence or permit to drive a motor vehicle issued in another country and who was ordinarily resident in that country at the time of issue and also has a current international driving permit- that authorises him or her to drive a motor vehicle of the category being driven, is exempted from the requirement to hold a driver licence or permit for that category of vehicle. (2) A person is not exempt or ceases to be exempt under subregulation (1) in any of the following circumstances- (a) if the holder of a licence or permit to drive a motor vehicle issued in another Australian State or Territory or in New Zealand has resided in Victoria for a continuous period of more than 3 months, unless he or she also holds a valid Driver Identification Document issued by the Commonwealth Department of Defence; (b) if the holder of a licence or permit to drive a motor vehicle issued in another country has held a permanent visa under the Migration Act 1958 of the Commonwealth for more than 3 months; (c) if the person is disqualified from driving a motor vehicle on a highway in any State or Territory of Australia or another country or has had his or her licence or permit to drive a motor vehicle in that State, Territory or country suspended; (d) if the person, in the reasonable opinion of the Corporation, is not considered suitable to drive a motor vehicle; (e) if, in the reasonable opinion of the Corporation, the person's ability to drive safely is impaired due to a permanent or long term injury or illness. (3) If the Corporation forms an opinion on the matters set out in subregulation (2)(d) or (2)(e), the Corporation must give the person notice in writing of the following- (a) that he or she is no longer exempt from the requirement to hold a driver licence or permit; (b) that he or she must not drive a motor vehicle on a highway; (c) the reasons why the person is no longer exempt; (d) any action that may be taken by the person in order to regain the exemption; (e) the date by which the person must take that action. Division 4-Other requirements 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 222 Form of document 222. Form of document A driver licence or permit document must show details of the following- (a) an identification number for the person to whom it is issued; (b) the first name, second and third initials (if any), and family name of the person; (c) a photograph or digitised image of the person; (d) the person's residential address; (e) the person's date of birth; (f) the person's signature (or a reproduction of that signature); (g) the category or categories of driver licence or permit held by the person in accordance with regulation 202; (h) the expiry date of the licence or permit; (i) the code of any condition to which the licence or permit is subject in accordance with regulation 207. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 223 Issue of replacement driver licence or permit 223. Issue of replacement driver licence or permit (1) The Corporation may, upon payment by the driver licence or permit holder of the appropriate fee, issue a driver licence or permit document to replace one which has been stolen, lost, damaged or destroyed. (2) A driver licence or permit holder who seeks a replacement driver licence or permit document must provide to the Corporation personal particulars necessary to identify the applicant, including evidence to verify those particulars. (3) The Corporation may require a driver licence or permit holder who seeks a replacement driver licence or permit document to comply with any of the requirements of regulation 203. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 224 Records 224. Records (1) The Corporation must maintain the following records in respect of each driver licence or learner permit- (a) the identification number allocated to the person to whom the licence or permit was issued; (b) the person's family name, first name and any second and third initial; (c) the person's sex and date of birth; (d) the person's residential address and address for service of notices (if any); (e) the category or categories of the licence or permit; (f) the commencement and expiry dates of the licence or permit; (g) any condition to which the licence or permit is subject; (h) any period for which the licence is probationary. (2) Any person whose name appears in records referred to in subregulation (1) is entitled, on payment of the appropriate fee, to request a search of the records and to obtain a certificate as to any matter appearing in the records in relation to him or her. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 225 Change of name, address or condition 225. Change of name, address or condition (1) The holder of a driver licence or permit must notify the Corporation, not more than 14 days after the change, about any change in his or her- (a) name; or (b) residential address; or (c) postal address or address for the service of notices. Penalty: 1 penalty unit. (2) Unless required by the Corporation, the advice from the person referred to in subregulation (1) need not be in writing. (3) The holder of a driver licence or permit or any person exempted from holding a driver licence or permit under section 18(1)(a) of the Act must, as soon as practicable, notify the Corporation of any permanent or long term injury or illness that may impair his or her ability to drive safely. Penalty: 1 penalty unit. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 226 Tests 226. Tests (1) For the purposes of section 27 of the Act, a test described in Table 226 must be carried out by a person of the class described in that Table in relation to that test. (2) The Corporation must accept, for the purposes of section 27, a certificate of the results of a medical examination conducted in another jurisdiction if that examination otherwise complies with this regulation. Table 226 Test Prescribed class Medical test including any test related to eye sight Registered medical practitioners A test related to eye sight Registered medical practitioners, optometrists, occupational therapists, officers of the Corporation and persons authorised in writing by the Corporation to conduct tests of road law knowledge and driving ability An evaluation of a driver's physical and cognitive abilities or skills to drive Occupational therapists and persons authorised in writing by the Corporation to conduct tests of physical and cognitive abilities or skills to drive Tests of road law knowledge and driving ability Officers of the Corporation and persons authorised in writing by the Corporation to conduct tests of road law knowledge and driving ability 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 227 Verification of record and monitoring of compliance 227. Verification of record and monitoring of compliance (1) If there are reasonable grounds for believing that any information contained in the records referred to in regulation 224 is inaccurate or misleading, the Corporation may by written notice require the holder of a driver licence or permit to provide evidence to the Corporation, in a form specified by the Corporation, relating to anything relevant to the issuing, variation or continuation of the licence or permit, including the holder's personal particulars. (2) For the purposes of this regulation, the Corporation may by written notice require the holder of a driver licence or permit to- (a) provide specified documents for inspection; and (b) attend at a time and place specified by the Corporation for identification. (3) If a person who is required to attend for identification requests a change to the time or place specified in the notice, the Corporation must give consideration to that request and may change the time or place in accordance with the request. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 228 Notification offences 228. Notification offences (1) The responsible officer of a court which convicts a person to whom section 52 of the Act applies of an offence against section 49(1) of the Act or finds that person guilty of the offence must notify the Corporation of the details of the conviction or the finding of guilt if the court does not cancel the person's driver licence or permit or disqualify the person from obtaining a licence or permit. (2) In this regulation, responsible officer means- (a) in the case of the Magistrates' Court, the Clerk of the Court; and (b) in the case of the County Court, the Registrar of the Court; and (c) in the case of the Supreme Court, the Prothonotary. _______________ 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - PART 3 PART 3 VARIATION, SUSPENSION OR CANCELLATION Division 1-Demerit points 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 301 Demerit points 301. Demerit points (1) In this regulation- appropriate number of demerit points, in relation to a relevant offence, means the number of demerit points specified, in relation to that offence, in column 3 of Table 301; * * * * * relevant offence means an offence described in column 1 of Table 301 in relation to the use of a motor vehicle or an offence against the law of another jurisdiction which corresponds to such an offence. (2) A summary of an offence in column 1 of Table 301 is not to be taken to affect the nature or elements of the offence to which the summary refers or the operation of these Regulations. (3) The Corporation must record against a person the appropriate number of demerit points if the person- (a) is convicted, or found guilty, of a relevant offence; or (b) pays the penalty specified in an infringement notice issued to the person in respect of a relevant offence; or (c) is convicted within the meaning of section 89(4) or 89A(2) of the Act with respect to a relevant offence; or (d) is a person against whom an enforcement order has been made and not revoked under Schedule 7 to the Magistrates' Court Act 1989 or Schedule 2A to the Children and Young Persons Act 1989 with respect to a relevant offence; or (e) is a person in respect of whom a proceeding for a relevant offence is adjourned under section 128A(2) of the Magistrates' Court Act 1989. (3A) If, but for this subregulation, demerit points would be recorded in respect of offences under section 49(1)(b) and section 49(1)(f) or (g) of the Act that occur in relation to the same period of driving or being in charge of a motor vehicle, demerit points may be recorded only in respect of one of those offences. (4) If a person referred to in subregulation (3) holds a licence or permit to drive a motor vehicle issued in another jurisdiction, the Corporation must send to the licensing authority of that jurisdiction details of any offence described in column 1 of Table 301 in respect of which the person- (a) was convicted or found guilty; or (b) paid the penalty; or (c) has not paid the penalty and an enforcement order in respect of the unpaid penalty has been made and not revoked under Schedule 7 to the Magistrates' Court Act 1989 or Schedule 2A to the Children and Young Persons Act 1989; or (d) has been charged but the proceeding in respect of that charge has been adjourned under section 128A(2) of the Magistrates' Court Act 1989. (5) The Corporation must treat demerit points recorded under subregulation (3) against a person who does not hold an Australian driver licence or permit as demerit points recorded against the holder of a driver licence or permit if the person subsequently obtains an Australian driver licence or permit. (6) The Corporation must record demerit points in the Demerits Register in respect of the day on which the offence was committed. (6A) For the purposes of subregulation (6), if a proceeding for an offence is adjourned under section 128A(2) of the Magistrates' Court Act 1989, the offence is taken to have been committed on the day alleged in the charge for the offence. (7) In Table 301- * * * * * RR means the Road Rules; RSA means the Road Safety Act 1986; RS(D)R means the Road Safety (Drivers) Regulations 1999; RS (V) R means the Road Safety (Vehicles) Regulations 1999. Table 301 r. 301 Column 1 Description of Offence Column 2 Reference Column 3 Demerit points An offence under section 49(1)(b), (f) or (g) of the RSA, where section 50(1) or 50(1AB) of the RSA applies and the person's driver licence or permit has not been cancelled for the offence RSA 49 10 A drink-driving infringement and the person's driver licence or permit has not been cancelled by force of section 89C(1) of the RSA RSA 3, 49 10 Column 1 Description of Offence Column 2 Reference Column 3 Demerit points An offence under section 49(1)(bb), (h) or (i) of the RSA and the person's driver licence or permit has not been cancelled for the offence RSA 49 10 A drug-driving infringement RSA 3, 49 10 Exceeding speed-limit by 45 km/h or more RR 20 8 Exceeding speed-limit by 35 km/h or more but less than 45 km/h RR 20 6 Exceeding speed-limit by 25 km/h or more but less than 35 km/h RR 20 4 r. 301 Disobeying traffic lights, sign or traffic directions of police officer or authorised person RR 56(1), (2), 57(2), (3), 59(1), 60, 61(2), (5), 64, 65(2), 66(1), (4), 67(1), 68(1), 69(1), 70, 71(1), 93(1), 94, 95(1), 98(1), 100, 101(1), (2), 115(1), 152, 281, 282, 284, 286(2), (3), 304(1) 3 Column 1 Description of Offence Column 2 Reference Column 3 Demerit points Failing to give way, or stop or remain stopped RR 38, 72(1), 73(1), 74(1), 75(1), 77(1), 78(1), (2), 79(1), 80(2), (3), (4), 81(2), 82, 83, 84, 87(1), 114(1), (2), 115(1) 3 Driving with unrestrained passengers under the age of 16 years RR 266(1), 268(7) 3 Driving contrary to a major defect notice RS (V) R 702 3 Driving on wrong side of double lines, or on wrong side of divided road RR 132(2), 135 3 Driving wrong way on a one way service road RR 136 3 Driving over double lines surrounding a painted island RR 138 3 r. 301 Using a hand held mobile phone RR 300(1) 3 Using a vehicle on a highway without a properly affixed and displayed number plate RS (V) R 222 3 Driving without a seat belt RR 264(1) 3 Rider or passenger of motor bike not wearing approved motor bike helmet or passenger improperly seated RR 270(1), 271(3) 3 Column 1 Description of Offence Column 2 Reference Column 3 Demerit points Risk colliding with alighting, boarding or waiting tram passengers RR 162(1), 163(1), 164(1) 3 Careless driving RSA 65 3 Exceeding speed limit by 10 km/h or more but less than 25 km/h RR 20 3 Improper overtaking or passing RR 141(1), 142(1), 143, 144, 145, 148(1), (2), 160(2), (3) 2 Turning or stopping without signalling RR 46(1), 48(1), 53(1), (2), (3) 2 Turning improperly RR 27(1), 28(1), 29, 31(1), 32(1), 33(1), 37, 43(1), (2), 92(1) 2 Failing to keep left RR 129(1), 130(2), 131, 132(1), 2 r. 301 Driving contrary to a minor defect notice RS (V) R 702 1 Failure to dip headlights RR 218(1) 1 Long vehicle failing to keep minimum distance behind another long vehicle RR 127(1) 1 Driving insufficient distance behind a vehicle RR 126 1 Column 1 Description of Offence Column 2 Reference Column 3 Demerit points Driving at night or in hazardous weather conditions without headlights, tail lights, number plates lights and rear lights on, and, if fitted, without clearance lights and side marker lights on RR 215(1), 216(1) 1 r. 301 Exceeding the speed-limit by less than 10 km/h RR 20 1 Failing to display "P" plates RS(D)R 217(1) 3 Probationary driver driving a high powered motor vehicle RS(D)R 211A 3 Probationary driver driving a high powered motor vehicle RS(D)R 211A 3 Failing to stop or give way, or remain stopped at a level crossing or unlawfully enter a level crossing RSA 68B, RR 121, 122, 123, 124 4 P1 probationary driver driving a motor vehicle with more than one peer passenger RS(D)R 219A 3 Driving fatigue regulated heavy vehicle while impaired by fatigue RSA 191D(1) 3 Column 1 Description of Offence Column 2 Reference Column 3 Demerit points Driving fatigue regulated heavy vehicle in contravention of maximum work requirement-severe risk offence RSA 191L(2) and (4), 191M(2) and (4), 191N(2) and (4), 191O(2) and (4), 191P(2) and (4), 191Q(2) and (4), 191Q(2A) and (4) 3 Driving fatigue regulated heavy vehicle in contravention of maximum work requirement-critical risk offence RSA 191L(2) and (4), 191M(2) and (4), 191N(2) and (4), 191O(2) and (4), 191P(2) and (4), 191Q(2) and (4), 191Q(2A) and (4) 4 Driving fatigue regulated heavy vehicle in contravention of minimum rest requirement-severe risk offence RSA 191L(2) and (4), 191M(2) and (4), 191N(2) and (4), 191O(2) and (4), 191P(2) and (4), 191Q(2) and (4), 191Q(2A) and (4) 3 Column 1 Description of Offence Column 2 Reference Column 3 Demerit points Driving fatigue regulated heavy vehicle in contravention of minimum rest requirement-critical risk offence RSA 191L(2) and (4), 191M(2) and (4), 191N(2) and (4), 191O(2) and (4), 191P(2) and (4), 191Q(2) and (4), 191Q(2A) and (4) 4 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 302 Notification of too many demerit points 302. Notification of too many demerit points (1) The prescribed particulars for a notice under section 25(3) of the Act are- (a) details of the driver licence or learner permit; (b) the period during which the demerit points were accumulated; (c) particulars of the relevant offences including the date of each offence and the demerit points recorded in respect of each offence; (d) details of the driver licence or learner permit holder's right of election under section 25(3A) of the Act and the consequences of exercising or failing to exercise that right. (2) The prescribed particulars for a notice under section 25(3B)(c) of the Act are- (a) a reference to the notice served under section 25(3); (b) particulars of each offence committed within the 12 month period after the date of the notice referred to in paragraph (a) and of the demerit points incurred in relation to each offence; (c) the period for which the driver licence or learner permit is suspended and the date of commencement of the suspension; (d) information about the driver licence or learner permit holder's right of appeal to the Magistrates' Court; (e) the place to which the driver licence or learner permit holder must send or take the licence or learner permit. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 302A Cancellation of certain demerit points 302A. Cancellation of certain demerit points (1) The Corporation must cancel a demerit point recorded in the Demerits Register against a person if the Secretary to the Department of Justice notifies the Corporation in writing that- (a) the point was incurred in relation to an alleged offence against Road Rule 20 that occurred on the Western Ring Road before the relevant day; and (b) the alleged offence was detected by a prescribed detection device of the kind referred to in regulation 302(f) of the Road Safety (General) Regulations 19992. (2) If- (a) the Corporation has served a notice on a person under section 25(3) of the Act; and (b) one or more of the demerit points in respect of which the notice was issued is cancelled in accordance with subregulation (1)- the Corporation must cancel all of the demerit points recorded in the Demerits Register against the person as at the date of issue of the notice. (2A) If- (a) the Corporation has served a notice on a person under section 25(3) of the Act and the person has elected, in accordance with section 25(3A) of the Act, to extend the demerit point period; and (b) as a result of the person incurring 1 or more additional demerit points in the circumstances set out in section 25(3B) of the Act, the Corporation has suspended the driver licence or permit of the person in accordance with section 25(3B); and (c) 1 or more of the additional demerit points referred to in paragraph (b) is cancelled in accordance with subregulation (1)- the Corporation must cancel all demerit points recorded against the person as at the date of issue of the notice under section 25(3). (3) In this regulation- relevant day means the day on which the Road Safety (Drivers) (Demerit Points) Regulations 2004 came into operation. Division 2-Cancellation etc. by Corporation 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 303 Variation, suspension or cancellation of driver licence or permit 303. Variation, suspension or cancellation of driver licence or permit (1) The Corporation may vary, suspend or cancel a person's driver licence or learner permit if it appears to the Corporation that- (a) the person has failed or refused to submit to a test required under section 27 of the Act or has failed such a test; or (b) it would be dangerous for the person to drive a vehicle because of illness or bodily infirmity, defect or incapacity or because of the effects of treatment for any of those things; or (c) the person does not have sufficient knowledge of road law or driving ability, or is not suitable to hold a driver licence or learner permit; or (d) a court order requires the person to pay a sum of money by way of fine, penalty, costs or restitution or any two or more of those things and- (i) the order was made in respect of an offence arising out of the use of a motor vehicle in Victoria, including a parking infringement or traffic infringement; and (ii) a person authorised by law to issue or to execute a warrant for the enforcement of a court order notifies the Corporation that the order is wholly or partially unsatisfied; or (e) the person is no longer eligible, in accordance with regulation 201, for a particular category of licence or permit; or (f) the licence or permit was issued or renewed in error; or (g) a cheque submitted to the Corporation as payment of a fee under these Regulations has been dishonoured; or (h) the person has been convicted in another State, Territory or country of an offence which, if the person had been licensed in that State, Territory or country, would have enabled the driver licensing authority of that State, Territory or country to suspend, vary or cancel the person's licence or permit; or (i) the person has failed to comply with a condition of the licence or permit; or (j) the person has surrendered the licence to the Corporation or the licensing authority in another jurisdiction for cancellation. (2) The Corporation must suspend or cancel a person's driver licence or permit if the person is disqualified from driving in another jurisdiction or the person's driver licence in that jurisdiction was cancelled because of a judgment, order or decision made under, or otherwise by operation of, the law of that jurisdiction. (3) The Corporation may, upon payment by the driver licence or permit holder of the appropriate fee, vary a licence or permit to correct any error or omission in it and issue a replacement driver licence or permit document. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 304 Procedures for variation, suspension and cancellation of driver licence or permit 304. Procedures for variation, suspension and cancellation of driver licence or permit (1) The Corporation, must not vary a driver licence or learner permit by imposing a new condition on the driver licence or permit or suspend or cancel a driver licence or permit under regulation 303 unless the Corporation notifies the licence or permit holder in writing at least 28 days before the variation, suspension or cancellation takes effect- (a) that the Corporation proposes to vary, suspend or cancel the licence or permit; and (b) the reasons for proposed variation, suspension or cancellation; and (c) the effect and date of the proposed variation, suspension or cancellation; and (d) action that may be taken by the person in order to avoid the variation, suspension or cancellation; and (e) the date by which the person must take that action; and (f) if the person must return the licence or permit to the Corporation, the date by which this must be done. (2) A driver licence or permit is varied, suspended or cancelled in accordance with the terms of a notice served under this regulation unless the Corporation, by further notice in writing, withdraws the notice. (3) This regulation does not apply to- (a) the suspension of a licence under section 24(3) of the Act; or (b) a person who has refused or failed to submit to, or has failed, a test under section 27(1) of the Act. (4) If a person's driver licence or learner permit is suspended or cancelled- (a) by the Corporation under section 24 or 25 of the Act; or (b) by a court- the person must, upon being served with a notice of the suspension or cancellation- (c) if the notice is served personally by a member of the police force or an officer of the Corporation or of the Court, give the licence or permit document immediately to the person who served the notice; or (d) in any other case, send or take the licence or permit document to the place specified in the notice within the time specified in the notice. Penalty: 5 penalty units. _______________ 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - PART 4 PART 4 REVIEW RIGHTS 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 401 Corporation to ensure notification of review rights 401. Corporation to ensure notification of review rights (1) In this Part, affected person means a person referred to in regulation 402(1) or section 26 of the Act. (2) The Corporation must notify an affected person of his or her right under regulation 402 or section 26 of the Act to apply for review of a decision. (3) The time period specified in regulation 402(4) is taken not to have commenced until an affected person is notified in accordance with subregulation (2). 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 402 Application for internal review 402. Application for internal review (1) The holder of a driver licence or learner permit or an applicant for a driver licence or learner permit affected by a decision of the Corporation to- (a) refuse an application for a driver licence or a learner permit or an application for a variation or renewal of a driver licence; or (b) suspend, cancel or vary in any way a driver licence or learner permit in accordance with section 24- may, within 28 days after the day he or she is notified of the decision, apply to the Corporation for an internal review of that decision. (2) A decision cannot be reviewed by the person who made the decision. (3) After considering an application for review, the Corporation must- (a) affirm the decision; or (b) vary the decision; or (c) revoke the decision. (4) The Corporation must notify the affected person in writing of its decision under subregulation (1) within 28 days after the day on which the request for internal review is received by the Corporation. (5) A decision subject to internal review under this regulation is taken to be affirmed by the Corporation if the Corporation does not give written notice of its decision under subregulation (4) to the affected person within 28 days. (6) The making of an application for internal review of a decision does not stay the operation of the decision. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 403 Appeal to the Magistrates' Court 403. Appeal to the Magistrates' Court (1) An appeal to the Magistrates' Court under section 26 of the Act must be made within 28 days after- (a) the affected person is notified of the Corporation's decision, if the decision was not reviewed under regulation 402; or (b) the affected person is notified of the Corporation's decision under regulation 402(3), if the decision was reviewed under regulation 402. (2) If the Corporation fails to notify the affected person of its decision as required by regulation 402(4), the person may appeal to the Magistrates' Court within 28 days after the end of the period mentioned in that subregulation. (3) The Magistrates' Court must cause particulars of an order made on an appeal to be sent immediately to the Corporation. (4) A person who appeals to the Magistrates' Court under section 26 of the Act must- (a) provide notice in writing of the appeal to the clerk of the Magistrates' Court, requesting the clerk to endorse a copy of the notice with the date on which the appeal is to be heard; and (b) serve on the Corporation the endorsed copy of the notice, not less than 14 days before the hearing date. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 404 Appeals about demerit points 404. Appeals about demerit points (1) For the purposes of section 26(3) of the Act, notice of appeal is given when notice in writing of the appeal, endorsed by the clerk of the Magistrates' Court in accordance with regulation 403, is served on the Corporation. (2) Notice in writing of discontinuance of appeal must be- (a) lodged with the clerk of the Magistrates' Court; and (b) served on the Corporation- not less than 4 days before the hearing day. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 405 Affected person entitled to be given reasons 405. Affected person entitled to be given reasons (1) If an affected person is entitled to apply for review of a decision of the Corporation, the affected person may apply to the Corporation for written reasons for the decision. (2) The Corporation must, within 14 days of receiving an application under subregulation (1), provide to the affected person- (a) the decision of the Corporation and the reasons for that decision; and (b) the name or position of the person who made the decision. (3) An affected person cannot make an application under this regulation if the Corporation has already provided the person with the details prescribed in subregulation (2). _______________ 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - PART 5 PART 5 FATIGUE MANAGEMENT 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 501 Calculation of time 501. Calculation of time (1) In the calculation of work time for the purposes of Part 10A of the Act, a period of less than 15 minutes counts as 15 minutes. Examples A period of working for 14 minutes counts as 15 minutes work time. A period of working for 17 minutes counts as 30 minutes work time. A period of working for 53 minutes counts as 1 hour work time. (2) In the calculation of rest time for the purposes of Part 10A of the Act, a period of time is calculated in blocks of no less than 15 minutes. Examples A period of not working of only 14 minutes does not count as rest time (because 14 minutes is less than 15 minutes). A period of not working for 17 minutes counts as 15 minutes rest time (because 17 minutes is more than 15 minutes, but is less than 2 lots of 15 minutes, i.e. 30 minutes). A period of not working for 53 minutes counts as 45 minutes rest time (because 53 minutes is more than 3 lots of 15 minutes, i.e. 45 minutes, but is less than 4 lots of 15 minutes, i.e. 60 minutes). (3) In calculating time in a period for the purposes of Part 10A of the Act, the time must not be counted from within rest time, but must be counted forward- (a) if calculating rest time and 1 or more major rest breaks are relevant to the period, from the end of a relevant major rest break; or (b) in any other case, from the end of a relevant period of rest time. Example A driver works standard hours. The driver completes 7 continuous hours rest time at 7 am on a relevant day, starts work at 7 am, works until 12.15 pm, has a 1 hour rest break, then works until 7.15 pm. In calculating the number of hours worked by the driver on that day, the counting must start from the rest period that finished at 7 am. Adding the periods 7 am to 12.15 pm and 1.15 pm to 7.15 pm results in a total of 111/4 hours worked that day (which is not a breach of maximum work time for the period from 7 am to 7.15 pm). However, in calculating the number of continuous hours worked in the second work period that day, the counting must start from the rest period that finished at 1.15 pm. Adding the periods 1.15 pm to 7.15 pm results in a total of 6 continuous hours worked (which is a breach of maximum work time for the period from 1.15 pm to 7.15 pm). (4) If a driver undertakes a journey and is in a different time zone from the time zone of the driver's base at the time when a period of time is relevant for the purposes of Part 10A of the Act, the period must be calculated by reference to the time zone of the driver base. Example If it is necessary to determine the night hours of a driver with a base in Western Australia while the driver is in Victoria on a journey, those night hours are the period between 12 midnight and 6 am in the Western Australian time zone in which the driver's base is situated, even if those hours equate (for instance) to 3 am to 9 am in Victoria. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 502 Calculating time within the participating zone 502. Calculating time within the participating zone In calculating time for the purposes of Part 10A of the Act, time spent by the driver in another jurisdiction within the participating zone is to be treated in the same way as it would be treated if it were spent in Victoria. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 503 Calculating time from outside the participating zone 503. Calculating time from outside the participating zone (1) This regulation applies to a driver who drives a fatigue regulated heavy vehicle into Victoria from the non-participating zone. (2) If, within the last 7 days, the driver has spent work time inside the participating zone, any time spent in the non-participating zone is to be treated as if it had been spent in Victoria. (3) If, within the last 7 days, the driver has spent work time only in the non-participating zone- (a) any time spent in the non-participating zone before the start of the driver's last major rest break before entering Victoria is to be disregarded; and (b) any time spent in the non-participating zone after the start of the driver's last major rest break before entering Victoria is to be taken into account; and (c) any time spent in the non-participating zone (or in the participating zone) after the start of the driver's last major rest break before entering Victoria is to be treated as if it were spent in Victoria. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 504 Reset rest breaks when changing work/rest hours option 504. Reset rest breaks when changing work/rest hours option For the purposes of section 191R(7) of the Act, the prescribed length of time for a reset rest break is 48 continuous hours. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 505 Accreditation fees 505. Accreditation fees (1) For the purposes of sections 191ZI(2)(d) and 191ZR(2)(e) of the Act, an application for BFM accreditation or AFM accreditation must be accompanied by the fee specified in Schedule 2. (2) Subregulation (1) does not apply if the applicant is accredited under either- (a) the Mass Management Module of the National Heavy Vehicle Accreditation Scheme; or (b) the Maintenance Management Module of the National Heavy Vehicle Accreditation Scheme. (3) In this regulation National Heavy Vehicle Accreditation Scheme means the accreditation scheme for heavy vehicle operators developed by the National Transport Commission and approved by the Australian Transport Council in November 1997. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 506 Accreditation record requirements 506. Accreditation record requirements For the purposes of sections 191ZN(2) and 191ZX(2) of the Act, an operator to whom BFM accreditation or AFM accreditation is granted must keep the required records- (a) at the record location; and (b) in a way which ensures the records- (i) are reasonably accessible by an inspector; and (ii) are readable and reasonably capable of being understood; and (iii) can be used as evidence. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 507 Emergency services 507. Emergency services For the purposes of section 191ZZ(1) of the Act, a person to whom that provision applies is exempt from- (a) Division 3 of Part 10A of the Act; and (b) Division 4 of Part 10A of the Act; and (c) section 191Y of the Act. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 507A Approval of certain matters by the Australian Transport Council 507A. Approval of certain matters by the Australian Transport Council For the purposes of section 191ZZZA(1)(j) of the Act, the following matters are prescribed for approval by the Australian Transport Council- (a) the format in which information must be recorded in a written work diary; (b) the form of an application to be issued with a written work diary; (c) the form of an application for approval of a particular type of electronic work diary; (d) guidelines in relation to an electronic work diary. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 508 Application for work diary exemption 508. Application for work diary exemption For the purposes of section 191ZZA of the Act, an application for a work diary exemption must include the following information- (a) the driver's full name, address and driver licence number; (b) the address of the driver's base and record location; (c) the full name and address of the driver's nominee under section 191ZZA(3)(b) of the Act; (d) the grounds for seeking the exemption, together with documentation to support the grounds for the exemption; (e) the period for which the exemption is sought; (f) any conditions to which the exemption is sought to be subject. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 508A Form of written work diaries 508A. Form of written work diaries (1) A written work diary must allow information to be recorded in the format approved by the Australian Transport Council. (2) A written work diary must contain- (a) a unique identifying number for the work diary; and (b) sequentially numbered sheets for making daily records; and (c) provision for recording information on the daily sheets; and (d) a duplicate of any application form in the work diary; and (e) 2 duplicates of each daily sheet; and (f) instructions for use of the work diary. (3) A written work diary may contain an application form for the issue of another work diary. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 509 Issue of written work diaries 509. Issue of written work diaries (1) A driver who wants to be issued with a written work diary (including a replacement work diary) must apply in person to the Corporation. (1A) The application must be in the form approved by the Australian Transport Council. (2) If the application is for a written work diary to replace another written work diary issued to the driver (the existing work diary), the driver must give the existing work diary to the Corporation with the application, unless the existing work diary has been destroyed, lost or stolen. (3) If the driver gives the existing work diary to the Corporation under subregulation (2), the Corporation must- (a) cancel any unused daily sheets in the existing work diary; and (b) return the existing work diary to the driver when the Corporation issues the replacement work diary to the driver. (4) If the application is for a written work diary to replace an existing work diary that has been destroyed, lost or stolen, the application must- (a) state the work diary's number and that it has been destroyed, lost or stolen (as the case may be); and (b) briefly outline the circumstances of the destruction, loss or theft (as the case may be). (5) The Corporation must issue a written work diary to a driver if- (a) the application meets the requirements of this regulation; and (b) the driver shows the driver's current driver licence to the Corporation; and (c) the driver pays the fee specified in Schedule 2. (6) If the Corporation issues a written work diary to a driver, it must note the date, time and place of issue on the written work diary. (7) The Corporation may make other notes on the written work diary. (8) If the Corporation issues a written work diary to a driver from another jurisdiction in the participating zone it must- (a) notify the corresponding Authority of that jurisdiction of- (i) the identifying number for the work diary; and (ii) the driver's name and licence number; and (iii) the time, date and place of issue; and (b) include with that notification- (i) a statement of the reason it issued the work diary; or (ii) a copy of the application it received for the issue of the work diary. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 510 Approval of electronic work diaries 510. Approval of electronic work diaries (1) A person may make written application to the Corporation for approval of a particular type of electronic work diary. (1A) The application must be in the form approved by the Australian Transport Council. (2) The Corporation may approve a system of recording information electronically for use as an electronic work diary for the purposes of Part 10A of the Act if it is satisfied that the system- (a) is suitable for fitting to, or for use in, a fatigue regulated heavy vehicle; and (b) has a mechanism that readily indicates to the driver of the vehicle that the system is, or is not, properly functioning; and (c) is capable of accurately monitoring and recording the work and rest times of the driver of the vehicle, and of recording any other information that a driver is required to record in a work diary under Part 10A of the Act; and (d) if the system is to be fitted to the vehicle and is to be used by more than one driver, is capable of ensuring that- (i) all of the information referred to in paragraph (c) can be accurately monitored or recorded (as the case may be) for each driver; and (ii) the details recorded by, or for a driver, are readily distinguishable from the details recorded by, or for any other driver; and (iii) the name of each driver for whom details are recorded is shown whenever the details are accessed; and (iv) a driver cannot record any information that a driver is required to record in a work diary under Part 10A of the Act in the system for, or on behalf of, another driver; and (e) has a mechanism to ensure that the driver cannot alter any information that the driver records in the system once the driver has had an opportunity to confirm the accuracy of that information; and (f) if the system is designed to enable the driver to send information to the driver's record keeper, has a mechanism that readily indicates to the driver that the information has, or has not, been sent to the record keeper; and (g) on being accessed by the record keeper, is capable of readily reproducing the information it contains; and (h) while the vehicle to which it is fitted is on the road, is capable of readily reproducing the information it contains in a form that- (i) is readily accessible by an inspector; and (ii) is reasonably capable of being understood by the inspector; and (iii) can be used as evidence. Note An electronic work diary may include or form part of an intelligent transport system approved under Part 12 of the Act. (2A) In approving a type of electronic work diary, the Corporation must have regard to any guidelines in relation to electronic work diaries approved by the Australian Transport Council. (3) If the Corporation approves an application under this regulation, it must issue a numbered certificate of approval to the applicant. (4) In granting an approval, the Corporation may impose conditions in relation to the operation and maintenance of the diary. (5) An approval under this regulation covers any system that is identical to the system that was submitted to the Corporation for approval. (6) Any identical system that is covered by an approval is also subject to any conditions that were imposed by the Corporation in relation to the approval. (7) A document that purports to be a certificate of approval issued by the Corporation under this regulation is evidence that any system referred to in the document has been approved by the Corporation as an electronic work diary under this regulation. (8) If the Corporation does not make the decision sought by an applicant, the Corporation must give the applicant a written notice that states- (a) the Corporation's decision; and (b) the reasons for the decision; and (c) that the applicant may apply to have the decision reconsidered. (9) Section 191ZZZD of the Act applies to a reconsideration of a decision under this regulation as though it were a decision to which Division 9 of Part 10A of the Act applies. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 511 Labelling of electronic work diary devices 511. Labelling of electronic work diary devices (1) In this regulation, approved electronic work diary means a system of recording information electronically that is approved by the Corporation under regulation 510 for use as an electronic work diary for the purposes of Part 10A of the Act, or that is identical to such a system. (2) A person may place on any device that is, or that forms part of, an approved electronic work diary a label that indicates that the device is, or is part of, an approved electronic work diary. (3) A person must not place on any device a label that indicates that the device is, or is part of, an approved electronic work diary if the device is not, or does not form part of, an approved electronic work diary. Penalty: 20 penalty units. (4) A person must not use as an electronic work diary for the purposes of Part 10A of the Act any device that has a label that indicates that the device is, or is part of, an approved electronic work diary if the person knows, or reasonably ought to know, that the device is not, or does not form part of, an approved electronic work diary. Penalty: 20 penalty units. (5) The existence of a label on a device that indicates that the device is, or forms part of, an approved electronic work diary, and that purports to show the number of a certificate of approval, is evidence that the device is an approved electronic work diary. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 512 Variation or cancellation of approval on application 512. Variation or cancellation of approval on application (1) The person to whom the certificate of approval was issued may make written application to the Corporation for variation or cancellation of the approval of an electronic work diary. (2) The application for variation must state the variation sought and outline the reasons for the application. (3) The Corporation may, by written notice given to the applicant, require the applicant to give the Corporation any necessary additional information. (4) The Corporation must decide the application as soon as practicable after the Corporation receives it. (5) If the Corporation decides to grant the application, the Corporation must give the applicant written notice of the decision. (6) The variation or cancellation takes effect- (a) when written notice of the decision is given to the applicant; or (b) if a later time is stated in the written notice of the decision, at that time. (7) If the Corporation does not vary or cancel the approval as requested by the applicant, the Corporation must give the applicant a written notice that states- (a) the Corporation's decision; and (b) the reasons for the decision; and (c) that the applicant may apply to have the decision reconsidered. (8) Section 191ZZZD of the Act applies to a reconsideration of a decision under this regulation as though it were a decision to which Division 9 of Part 10A of the Act applies. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 513 Variation or cancellation of approval-without application 513. Variation or cancellation of approval-without application (1) If the Corporation is satisfied on reasonable grounds that an application for the approval of an electronic work diary was false or misleading in a material respect, the Corporation may- (a) cancel the approval; or (b) if the circumstances do not require the cancellation of the approval, vary the approval. (2) Before the Corporation cancels or varies an approval of an electronic work diary the Corporation must give to the person to whom the certificate of approval was issued written notice that the Corporation proposes to cancel or to vary the approval, as the case may be. (3) The notice under subregulation (2) must- (a) if the proposed action is to vary the approval, state the proposed variation; and (b) state the ground for the proposed cancellation or variation; and (c) outline the facts and other circumstances forming the basis for the ground; and (d) invite the person to state in writing, within a specified period of at least 14 days after the notice is given, why the approval should not be varied or cancelled. (4) If, after considering any written statement made within the specified time, the Corporation is satisfied that the application was false or misleading in a material respect, the Corporation may decide- (a) if the proposed action is to vary the approval, to vary the approval in the manner stated in the notice; or (b) if the proposed action is to cancel the approval- (i) to cancel the approval; or (ii) to vary the approval in any manner. (5) The Corporation must give the person written notice of the Corporation's decision. (6) If the Corporation decides to vary or cancel the approval, the Corporation must also give the person a written notice that states- (a) the reasons for the decision; and (b) that the person may apply to have the decision reconsidered. (7) The variation or cancellation takes effect- (a) when written notice of the decision, and the reasons for the decision, is given to the person; or (b) if a later time is stated in the notice, that time. (8) Section 191ZZZD of the Act applies to a reconsideration of a decision under this regulation as though it were a decision to which Division 9 of Part 10A of the Act applies. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 513A Notice of variation of approval 513A. Notice of variation of approval (1) This regulation applies if- (a) the Corporation varies the approval of an electronic work diary; and (b) in the Corporation's opinion, the variation will, or is likely to, significantly affect the way the diary is to be used. (2) The Corporation may direct the person to whom the certificate of approval was issued to notify in writing each person to whom that person has supplied any diary under the approval that the approval has been varied. (3) If the Corporation gives a direction to a person under subregulation (2), the person must comply with the direction. Penalty: 20 penalty units. (4) With the consent of the Corporation, a person may comply with subregulation (3) by publishing details of the variation, and any further details specified by the Corporation, using at least 2 of the following methods- (a) by notice published in a newspaper specified by the Corporation; (b) by notice published in a journal or newsletter specified by the Corporation; (c) on a website specified by the Corporation. (5) Nothing in this regulation prevents the Corporation from publishing details of the variation by whatever means it thinks appropriate. Example The Corporation may publish the variation by gazettal or on a website. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 514 Removal of electronic work diary approval label 514. Removal of electronic work diary approval label (1) This regulation applies if the Corporation cancels the approval of an electronic work diary. (2) The Corporation may direct the person to whom the certificate of approval was issued to notify in writing each person to whom that person has supplied any diary under the approval that the approval has been cancelled and that any label on any such diary still in the person's possession should be removed. (2A) If the Corporation gives a direction to a person under subregulation (2), the person must comply with the direction. Penalty: 20 penalty units. (2B) With the consent of the Corporation, a person may comply with subregulation (2A) by publishing details of the cancellation, and any further details specified by the Corporation, using at least 2 of the following methods- (a) by notice published in a newspaper specified by the Corporation; (b) by notice published in a journal or newsletter specified by the Corporation; (c) on a website specified by the Corporation. (2C) Nothing in this regulation prevents the Corporation from publishing details of the cancellation by whatever means it thinks appropriate. Example The Corporation may publish the cancellation by gazettal or on a website. (3) A person who is aware that the approval of a diary in the person's possession has been cancelled must remove from the diary any label that relates to the cancelled approval. Penalty: 20 penalty units. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 515 Corporation may permit the use of diaries whose approval has been cancelled 515. Corporation may permit the use of diaries whose approval has been cancelled (1) The Corporation may, by notice published in the Government Gazette, permit the use of electronic work diaries whose approval has been cancelled- (a) for a specified period not exceeding 1 year; and (b) on specified conditions. (2) Despite anything to the contrary in the regulations, a diary that is the subject of a notice under this regulation is to be treated as if it were an electronic work diary, unless it is being used contrary to any condition specified in the notice. (3) The Corporation may, by notice published in the Government Gazette, vary or revoke a notice under this regulation. _______________ 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - PART 6 PART 6 FEES 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 601 Fees 601. Fees Subject to regulation 601A, the fee payable under a provision of these Regulations listed in column 1 of Schedule 2 is the corresponding amount set out in column 2. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 601A Reduced licence renewal fee for good drivers 601A. Reduced licence renewal fee for good drivers (1) In this regulation- assessment date, in relation to a driver licence, means- (a) for the purposes of determining whether the holder of the driver licence is an eligible person for the purposes of regulation 604(2)-1 February 2006; and (b) in any other case-the day on which- (i) a notice of renewal of the driver licence is issued by the Corporation under regulation 209; or (ii) the driver licence is renewed- whichever is the earlier; eligible person means a person who holds or has held a driver licence and who, according to the records of the Corporation as at the assessment date, is not a person who- (a) has had any demerit points recorded against him or her under regulation 301; or (b) has been convicted or found guilty; or (c) has paid, or entered into an arrangement to pay, the penalty specified in an infringement notice issued to the person; or (d) has been convicted within the meaning of section 89(4) or 89A(2) of the Act; or (e) is the subject of an enforcement order made under Schedule 7 to the Magistrates' Court Act 1989 or Schedule 2A to the Children and Young Persons Act 1989- in respect of a relevant offence committed or alleged to have been committed during the three year period ending three months before the expiry date of the driver licence; relevant offence means an offence arising out of the driving of a motor vehicle that is- (a) an indictable offence; or (b) an offence that is referred to in Table 301; or (c) an offence under a provision of an Act, a Commonwealth Act or regulations referred to in Schedule 2A; or (d) an offence against the law of another jurisdiction which corresponds to an offence referred to in paragraph (a), (b) or (c). (2) On and from the commencement of the Road Safety (Drivers) (Amendment) Regulations 2006, the fee payable by an eligible person for the renewal of a driver licence that expired or expires on or after 1 January 2006 is reduced by 25%. (3) Subregulation (2) does not apply in the case of a driver licence that is renewed more than- (a) three months before the expiry date; or (b) six months after the expiry date. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 602 Search and extract fees 602. Search and extract fees (1) The fee payable for a search of, or an extract from the Corporation's records, other than records relating to the registration of a vehicle, is, for each person included in the search or referred to in the extract, the applicable fee specified in Schedule 3. (2) Subregulation (1) does not prevent the Corporation from entering into an agreement- (a) with a public authority, including the Victoria Police Force or a municipality, for the provision of extracts by means of magnetic tape for fees that- (i) are less than the fees specified in Schedule 3; and (ii) do not exceed the costs of providing those extracts; or (b) with any person for the purposes of historical research or the supply of statistical information on such terms as the Corporation thinks fit. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 603 Application of fees 603. Application of fees The following fees received by the Corporation must be paid by it into its general fund- (a) search and extract fees payable under regulation 602; and (b) test and appointment fees in relation to driver licences and learner permits; and (c) fees for issue of replacement driver licence and permit documents. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 604 Refunds of fees 604. Refunds of fees (1) If the Corporation cancels a person's driver licence- (a) upon application by the person to cancel the licence; or (b) under regulation 303(1)(a) or (b)- the Corporation may refund part of the fee for the issue of the licence, calculated in accordance with the formula- where- A is the unexpired number of months of duration of the licence; and B is the total number of months for which the licence was granted; and C is the amount paid for the licence. (2) If- (a) a person is an eligible person within the meaning of regulation 601A; and (b) the expiry date of the person's driver licence was or is on or after 1 January 2006; and (c) that licence has been, or is, renewed at any time within the period beginning 3 months before the expiry date and ending 6 months after the expiry date- the person is entitled to a refund equal to the amount which is the difference (if any) between the amount actually paid for renewal of the licence and- (d) if the licence was renewed before the commencement of the Road Safety (Drivers) (Amendment) Regulations 2006-75% of the appropriate fee as at the date of renewal; and (e) if the licence was renewed on or after the commencement of the Road Safety (Drivers) (Amendment) Regulations 2006-the appropriate fee as at the date of renewal. _______________ 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - PART 7 PART 7 TRANSITIONAL PROVISIONS 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 701 Licence or permits issued under revoked regulations 701. Licence or permits issued under revoked regulations A licence or permit that is issued under the regulations in force before 1 May 1999 has effect for the remainder of its duration as if it had been issued under these Regulations and may be renewed, varied, cancelled or suspended in all respects as though it were a driver licence or learner permit issued in accordance with these Regulations. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 702 Probationary licence amendments 702. Probationary licence amendments (1) Subject to subregulation (1A), regulation 201(2)(b)(i) (as substituted by regulation 6 of the Road Safety (Drivers) (Young Drivers) Interim Regulations 2007), regulation 201(2)(b)(ia), regulation 201A, regulation 203A and regulation 205(3), apply to a person who holds a learner permit granted by the Corporation on or after 1 July 2007. (1A) Regulation 201(2)(b)(i) (as substituted by regulation 6 of the Road Safety (Drivers) (Young Drivers) Interim Regulations 20073), regulation 201(2)(b)(ia), regulation 201A, regulation 203A and regulation 205(3), do not apply to a person who holds a learner permit, or equivalent, on or after the commencement of Part 3 of the Road Safety (Drivers) (Learner Approved Motor Cycle Scheme and Other Amendments) Regulations 2008 that was issued in another State or Territory of Australia or in another country before 1 July 2007. (2) Regulation 201(2)(b)(i), as in force immediately before 1 July 2007, continues to apply to a person who holds a learner permit granted by the Corporation before that date. (2A) Regulation 201(2)(b)(i), as in force immediately before 1 July 2007, applies on and after the commencement of Part 3 of the Road Safety (Drivers) (Learner Approved Motor Cycle Scheme and Other Amendments) Regulations 2008 to a person who holds a learner permit, or equivalent, issued in another State or Territory of Australia or in another country before 1 July 2007. (3) Regulations 211A and 211B do not apply to- (a) the holder of a probationary licence that was granted before 1 July 2007; (b) the holder of a probationary licence that was granted on or after 1 July 2007 if the holder previously held a probationary driver licence that was cancelled. (4) Subject to subregulation (5), regulation 211, as in force immediately before 1 July 2007, continues to apply to a person referred to in subregulation (3). (5) A person referred to in subregulation (3) does not commit an offence against regulation 211(1) (as in force immediately before 1 July 2007) if he or she drives a vehicle- (a) that is a high powered motor vehicle within the meaning of regulation 104 as in force immediately before 1 July 2007; but (b) that is not a high powered motor vehicle within the meaning of regulation 211 as substituted by regulation 10 of the Road Safety (Drivers) (Young Drivers) Interim Regulations 2007. (6) Regulation 215 as substituted by regulation 9 of the Road Safety (Drivers) (Young Drivers) Regulations 2007, and regulations 215A, 215B, 215C, 215D and 215E as inserted by that regulation, apply to driver licences granted by the Corporation on or after 1 July 2008. (7) Regulation 215 as in force immediately before 1 July 2008 continues to apply to driver licences granted by the Corporation before that date. (8) A person to whom a probationary driver licence was granted by the Corporation before 1 July 2008 must, on or after 1 July 2008, comply with regulation 217 for the remainder of the probationary period of his or her licence as if he or she held a P2 probationary driver licence. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 703 Learner approved motor cycle scheme 703. Learner approved motor cycle scheme (1) Subject to subregulation (2), regulation 211B(1)(a) (as substituted by regulation 7(2)(a) of the Road Safety (Drivers) (Learner Approved Motor Cycle Scheme and Other Amendments) Regulations 2008) applies to the holder of a motor cycle licence issued before, on or after 1 July 2008. Example A person who holds a motor cycle licence issued on 1 May 2008 is entitled to drive a motor cycle with an engine capacity in excess of 260cc if the motor cycle is a learner approved motor cycle. (2) A person to whom subregulation (1) applies, who drives a motor cycle with an engine capacity of no more than 260 cubic centimetres, does not commit an offence against regulation 211B(1)(a) (as substituted by regulation 7(2)(a) of the Road Safety (Drivers) (Learner Approved Motor Cycle Scheme and Other Amendments) Regulations 2008) if- (a) the person holds a motor cycle licence issued before 1 July 2008; or (b) the person holds a motor cycle licence issued after 1 July 2008 if at the time of issue of the motor cycle licence the person held a valid motor cycle learner permit issued before 1 July 2008. Example A person who holds a motor cycle licence issued on 1 May 2008 is entitled to drive a motor cycle with an engine capacity of no more than 260cc that is not a learner approved motor cycle. A person who held a motor cycle learner permit issued on 1 May 2008 and subsequently holds a motor cycle licence issued on 1 September 2008 is entitled to drive a motor cycle with an engine capacity of no more than 260cc that is not a learner approved motor cycle. (3) Subject to subregulation (4), regulation 211B(2)(a) (as substituted by regulation 7(2)(b) of the Road Safety (Drivers) (Learner Approved Motor Cycle Scheme and Other Amendments) Regulations 2008) applies to the holder of a motor cycle learner permit issued before, on or after 1 July 2008. Example A person who holds a motor cycle learner permit issued on 1 May 2008 is entitled to drive a motor cycle with an engine capacity in excess of 260cc if the motor cycle is a learner approved motor cycle. (4) A person to whom subregulation (3) applies, who drives a motor cycle with an engine capacity of no more than 260 cubic centimetres, does not commit an offence against regulation 211B(2)(a) (as substituted by regulation 7(2)(b) of the Road Safety (Drivers) (Learner Approved Motor Cycle Scheme and Other Amendments) Regulations 2008) if the person holds a motor cycle learner permit issued before 1 July 2008. Example A person who holds a motor cycle learner permit issued on 1 May 2008 is entitled to drive a motor cycle that is not a learner approved motor cycle if that motor cycle has an engine capacity of no more than 260cc. __________________ * * * * * _______________ 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SCHEDULE 2 Regulation 601 GENERAL FEES Item Description Column 1 Regulation Column 2 Fee 1. Grant or renewal of driver licence-for 10 years 203(1), 210 13×57 fee units 2. Grant or renewal of driver licence-for 3 years 203(1), 210 3×99 fee units 2A. Grant or renewal of driver licence-for 4 years 203(1), 210 5×32 fee units 3. Driver licence variation, if the variation includes the insertion of an additional category of motor vehicle in the licence or less restrictive licence conditions 203(1) $24.90 4. Learner permit application 203(1) $11.40 5. Learner permit-for each written or practical test 203(1) $19.50 6. Learner permit issue- (a) motor cycle (b) other motor vehicles 203(1) 203(1) 1×7 fee units 1×7 fee units 7. Application for driver licence or driver licence variation where the test is to be conducted by an officer of the Corporation 203(1) $11.40 8. Practical test conducted by an officer of the Corporation for driver licence or driver licence variation for- (a) heavy vehicle (b) other motor vehicles 203(1) $39.40 $36.00 Item Description Column 1 Regulation Column 2 Fee 9. Written test conducted by an officer of the Corporation for driver licence or driver licence variation for- (a) heavy vehicle (b) other motor vehicles 203(1) $16.10 $14.90 10. Issue of replacement licence document 223, 303 $19.50 11. Issue of replacement permit document 223, 303 $19.50 12. Issue of written work diary 509(5) $16.10 13. Application for BFM accreditation or AFM accreditation 505(1) 5×99 fee units __________________ 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SCHEDULE 2A Regulation 601A OFFENCES WHICH DISQUALIFY DRIVERS FROM LICENCE RENEWAL FEE REDUCTIONS Road Safety Act 1986 Sections 7(1) and (2), 13(5), 18(1)(a) and (b), 19(5) and (7), 21(1A), 21(3) (as in force prior to its repeal), 30(1), 32(1), 49(1), 50AAD(1)(a), 56(2) and (7), 59(1) and (8), 60(1), 61(3), (4) and (5), 62(3), 64(1), 68(1) and (2), 70(1A), 74(1) and (2), 191D(1), 191L(2) and (4), 191M(2) and (4), 191N(2) and (4), 191O(2) and (4), 191P(2) and (4), 191Q(2) and (4), 191Q(2A) and (4), 191S, 191T, 191ZA, 191ZB, 191ZC, 191ZG, 191ZOA, 191ZW and 191ZZI. Road Rules Rules 20, 62, 63(2), 80(1), 111(1), 116, 140, 149, 265(1), 268(1), (2), (3) and (4), 287(1), 294(1)(a)(ii), 297(1), 298(1) and 299(1). Road Safety (Drivers) Regulations 1999 Regulations 211(1), 213(1) and (3), 214(1) and 220(2). Road Safety (General) Regulations 1999 Regulation 312. Road Safety (Road Rules) Regulations 1999 Regulation 604. Road Safety (Vehicles) Regulations 1999 Regulations 820(2) and 902(5)(a). Transport Act 1983 Section 216(2) in circumstances referred to in section 216(1)(a), (b), (e) or (f). Transport (Passengers and Rail Freight) Regulations 1994 Regulation 321(b) and (c). Transport (Ticketing and Conduct) Regulations 2005 Regulation 36(2) and (3). Environment Protection Act 1970 Section 48B(1). Interstate Road Transport Act 1985 of the Commonwealth Sections 8(1), 10(1)(a) and (b) and (3)(a) and (b) and 12D(1)(a). _______________ 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SCHEDULE 3 Regulation 602 SEARCH AND EXTRACT FEES Item Description Fee 1. Issue of certificate under section 84(1) of the Act $8.00 2. Issue of extract of current information $8.00 3. Issue of extract of historical information $15.30 4. Issue of information by telephone on telephone enquiry from a municipality $8.00 5. Search for any other purposes- (a) of current records $8.00 (b) of historical records $15.30 --------------- ROAD SAFETY (DRIVERS) REGULATIONS 1999 - NOTES ENDNOTES 1. General Information The Road Safety (Drivers) Regulations 1999, S.R. No. 26/1999 were made on 16 March 1999 by the Governor in Council under section 95 of the Road Safety Act 1986, No. 127/1986 and came into operation on 1 May 1999: regulation 103. The Road Safety (Drivers) Regulations 1999 will sunset on 1 December 2009: see the Subordinate Legislation (Road Safety (Drivers) Regulations 1999 - Extension of Operation) Regulations 2009, S.R. No. 23/2009. 2. Table of Amendments This Version incorporates amendments made to the Road Safety (Drivers) Regulations 1999 by statutory rules, subordinate instruments and Acts. ------------------------------------------------------------- Road Safety (Vehicles) (Vehicle Standards) Regulations 1999, S.R. No. 54/1999 Date of Making: 11.5.99 Date of Commencement: 11.5.99 Road Safety (Drivers) (Amendment) Regulations 1999, S.R. No. 59/1999 Date of Making: 25.5.99 Date of Commencement: 25.5.99 Road Safety (Road Rules) Regulations 1999, S.R. No. 120/1999 Date of Making: 9.11.99 Date of Commencement: 1.12.99: reg. 103 Road Safety (Drivers) (Driving Hours) Regulations 2001, S.R. No. 5/2001 Date of Making: 30.1.01 Date of Commencement: 1.3.01: reg. 3 Road Safety (Drivers) (Corporate Penalties) Regulations 2001, S.R. No. 29/2001 Date of Making: 10.4.01 Date of Commencement: 1.5.01: reg. 3 Road Safety (Drivers) (Fees) Regulations 2001, S.R. No. 94/2001 Date of Making: 25.9.01 Date of Commencement: 1.10.01: reg. 3 Road Safety (Drivers) (Amendment) Regulations 2001, S.R. No. 173/2001 Date of Making: 18.12.01 Date of Commencement: 21.12.01: reg. 3 Road Safety (Drivers) (Amendment) Regulations 2002, S.R. No. 89/2002 Date of Making: 24.9.02 Date of Commencement: 1.10.02: reg. 3 Road Safety (Drivers) (Demerit Points) Regulations 2002, S.R. No. 115/2002 Date of Making: 29.10.02 Date of Commencement: 15.12.02: reg. 3 Road Safety (Drivers) (Fees) Regulations 2003, S.R. No. 45/2003 Date of Making: 27.5.03 Date of Commencement: 1.7.03: reg. 3 Road Safety (Drivers) (Demerit Points) Regulations 2003, S.R. No. 136/2003 Date of Making: 18.11.03 Date of Commencement: 1.12.03: reg. 3 Road Safety (Drivers) (Demerit Points) Regulations 2004, S.R. No. 48/2004 Date of Making: 18.5.04 Date of Commencement: 18.5.04 Road Safety (Drivers) (Fees) Regulations 2004, S.R. No. 50/2004 Date of Making: 18.5.04 Date of Commencement: 1.7.04: reg. 3 Road Safety (Drivers) (Demerit Points Cancellation) Regulations 2004, S.R. No. 55/2004 Endnotes Date of Making: 1.6.04 Date of Commencement: 1.6.04 Road Safety (Drivers) (Miscellaneous Fees) Regulations 2004, S.R. No. 85/2004 Date of Making: 29.6.04 Date of Commencement: 1.7.04: reg. 3 Monetary Units Regulations 2004, S.R. No. 88/2004 Date of Making: 29.6.04 Date of Commencement: 1.7.04: reg. 3 Road Safety (Drivers) (Alcohol and Other Drugs) Regulations 2004, S.R. No. 158/2004 Date of Making: 7.12.04 Date of Commencement: Regs 5, 6 on 7.12.04: reg. 3(1) Road Safety (Drivers) (Fees) Regulations 2005, S.R. No. 45/2005 Date of Making: 24.5.05 Date of Commencement: 1.7.05: reg. 3 Children and Young Persons (Children's Court) (Amendment) Regulations 2005, S.R. No. 139/2005 Date of Making: 15.11.05 Date of Commencement: 15.11.05 Road Safety (Drivers) (Amendment) Regulations 2006, S.R. No. 1/2006 Date of Making: 4.1.06 Date of Commencement: 4.1.06 Road Safety (Drivers) (Fees) Regulations 2006, S.R. No. 52/2006 Date of Making: 9.5.06 Date of Commencement: 1.7.06: reg. 3 Road Safety (Drivers) (Fees Amendment) Regulations 2007, S.R. No. 38/2007 Date of Making: 22.5.07 Date of Commencement: 1.7.07: reg. 3 Road Safety (Drivers) (Young Drivers) Interim Regulations 2007, S.R. No. 72/2007 Date of Making: 26.6.07 Date of Commencement: Regs 5-13 on 1.7.07: reg. 3(1) Road Safety (Drivers) (Young Drivers) Regulations 2007, S.R. No. 152/2007 (as amended by S.R. No. 61/2008) Date of Making: 18.12.07 Date of Commencement: Reg. 6 on 18.12.07: reg. 3(1); regs 7-12 on 1.7.08: reg. 3(2) Road Safety (Drivers) (Miscellaneous Amendments) Regulations 2008, S.R. No. 27/2008 Date of Making: 15.4.08 Date of Commencement: 16.4.08: reg. 3 Road Safety (Drivers) (Learner Approved Motor Cycle Scheme and Other Amendments) Regulations 2008, S.R. No. 61/2008 Date of Making: 17.6.08 Date of Commencement: Reg. 12 on 17.6.08: reg. 3(1); regs 5-8 on 1.7.08: reg. 3(2) Road Safety (Drivers) (Fees Amendment) Regulations 2008, S.R. No. 63/2008 Date of Making: 17.6.08 Date of Commencement: 1.7.08: reg. 3 Road Safety (Drivers) (Peer Passenger Restrictions) Interim Regulations 2008, S.R. No. 80/2008 Date of Making: 24.6.08 Date of Commencement: Regs 4, 5 on 1.7.08: reg. 3(1) Road Safety (Drivers) Amendment (Fatigue Management) Regulations 2008, S.R. No. 116/2008 Date of Making: 23.9.08 Date of Commencement: 29.9.08: reg. 3 Road Safety (Drivers) and Road Safety (General) Amendment (Fatigue Management and Other Matters) Regulations 2008, S.R. No. 168/2008 Date of Making: 16.12.08 Date of Commencement: 16.12.08 Road Safety (Drivers) Amendment (Fees) Regulations 2009, S.R. No. 73/2009 Date of Making: 23.6.09 Date of Commencement: 1.7.09: reg. 3 ------------------------------------------------------------- 3. Explanatory Details 1 Reg. 211B(5)(b): S.R. No. 29/1999. 2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. 3 Reg. 702(1A): S.R. No. 72/2007. Reprint No. 3 as at 1 July 2006. Reprinted to S.R. No. 53/2006. Subsequently amended by S.R. Nos 176/2006, 14/2007, 39/2007, 90/2007 and 37/2008. ?? ?? Part 2-Driver Licences and Permits Road Safety (Drivers) Regulations 1999 S.R. No. 26/1999