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ROAD SAFETY (DRIVERS) REGULATIONS 2009 (SR NO 95 OF 2009)

Table of Provisions

PART 1--PRELIMINARY

  • 1 Objectives  
  • 2 Authorising provisions  
  • 3 Commencement  
  • 4 Revocation  
  • 5 Definitions  

PART 2--DRIVER LICENCES AND LEARNER PERMITS

Division 1--Authority to drive motor vehicle

  • 6 Categories of motor vehicles for licensing purposes  
  • 7 Authority given by motor cycle licence or motor cycle learner permit  
  • 8 Authority given by car driver licence or car learner permit  
  • 9 Authority given by light rigid vehicle licence  
  • 10 Authority given by medium rigid vehicle licence  
  • 11 Authority given by heavy rigid vehicle licence  
  • 12 Authority given by heavy combination vehicle licence  
  • 13 Authority given by multi-combination vehicle licence  
  • 14 Category of driver licence or learner permit may be shown by code  
  • 15 Exemption for driver under instruction  
  • 16 Exemption for driver under assessment  
  • 17 Exemption for holder of licence or permit issued outside Victoria  
  • 18 Exceptions to exemption under regulation 17  

Division 2--Prescribed requirements for grant or variation of driver licence

  • 19 Prescribed requirements for driver licence  
  • 20 Exemption from requirement  
  • 21 Requirement for car driver licence  
  • 22 Additional requirements for car driver licence applicant under the age of 21 years  
  • 23 Requirement for motor cycle licence  
  • 24 Requirement for light rigid vehicle licence or medium rigid vehicle licence  
  • 25 Requirement for heavy rigid vehicle licence  
  • 26 Requirement for heavy combination vehicle licence  
  • 27 Requirement for multi-combination vehicle licence  
  • 28 Calculating periods for which a person has held a driver licence  

Division 3--Procedures for grant or variation of driver licence or grant of learner permit

  • 29 Mandatory refusal for specified applicants  
  • 30 Prescribed procedures for application for the grant or variation of driver licence or grant of learner permit  
  • 31 Car driver licence applicants under the age of 21 years  
  • 32 Consideration of application and decision  
  • 33 Refusal of application  
  • 34 Applicants who have a licence or permit issued outside Victoria  
  • 35 Licence or permit issued in another jurisdiction  
  • 36 Conditions if exemption granted  
  • 37 Conditions of driver licences or learner permits  

Division 4--Renewal of licence

  • 38 Renewal notice  
  • 39 Application for renewal of a driver licence  
  • 40 Renewal or refusal to renew driver licence  
  • 41 Term of renewed driver licence  

Division 5--Learner drivers

  • 42 Term of learner permit  
  • 43 Surrender of learner permit  
  • 44 Renewal or refusal to renew learner permit  
  • 45 Application for renewal of a car learner permit  
  • 46 Restrictions affecting learner drivers  
  • 47 Learner driver must display L plates  

Division 6--Probationary drivers

  • 48 Probationary driver licence  
  • 49 P1 probationary driver licence  
  • 50 P2 probationary driver licence  
  • 51 Transition from P1 probationary driver licence to P2 probationary driver licence  
  • 52 Extension of probationary driver licence  
  • 53 Variation of P2 probationary driver licence to P1 probationary driver licence  
  • 54 Variation of full driver licence to P2 probationary driver licence  
  • 55 Probationary driver must display P plates  
  • 56 Probationary prohibited vehicles  
  • 57 Offence to drive probationary prohibited vehicle  
  • 58 Restrictions affecting certain motor cycle riders  
  • 59 Towing of vehicles by P1 probationary drivers  
  • 60 Passenger restriction for probationary drivers  
  • 61 Peer passenger restriction for P1 probationary drivers  
  • 62 Issue of document upon grant, variation or renewal of driver licence or grant or renewal of learner permit  
  • 63 Form of driver licence or learner permit document  
  • 64 Replacement of driver licence or learner permit document  
  • 65 Correction of driver licence or learner permit  
  • 66 Records to be kept by Corporation  
  • 67 Change of personal particulars or condition  
  • 68 Tests  
  • 69 Verification of records  
  • 70 Notification of certain offences  
  • 71 Exemption for consular or diplomatic staff  

PART 3--VARIATION, SUSPENSION OR CANCELLATION OF DRIVER LICENCE OR LEARNER PERMIT

Division 1--Demerit points

  • 72 Definitions for Division 1  
  • 73 Corporation to record demerit points  
  • 74 Record of day on which offence was committed  
  • 75 Notice to be given to other jurisdictions  
  • 76 Demerit points recorded against person who does not hold Australian driver licence or Australian learner permit  
  • 77 Notification of too many demerit points  

Division 2--Variation, suspension and cancellation by Corporation

  • 78 Variation, suspension or cancellation of driver licence or learner permit on the ground that person is unfit to drive or that is dangerous for person to drive  
  • 79 Other grounds for variation, suspension or cancellation of driver licence or learner permit  
  • 80 Procedure for variation, suspension or cancellation of driver licence or suspension or cancellation of learner permit  
  • 81 Return of driver licence or learner permit  

PART 4--REVIEW AND APPEAL RIGHTS

Division 1--Definition

  • 82 Definitions for Part 4  

Division 2--Review

  • 83 Affected person entitled to be given reasons for relevant decision  
  • 84 Internal review  

Division 3--Appeals to Magistrates' Court

  • 85 Time for appeal  
  • 86 Appellant must give notice of appeal  
  • 87 Particulars of order to be given to Corporation  
  • 88 Appeals about demerit points  

PART 5--FATIGUE MANAGEMENT FOR HEAVY VEHICLE DRIVERS

  • 89 Calculation of time  
  • 90 Calculating time within the participating zone  
  • 91 Calculating time from outside the participating zone  
  • 92 Reset rest breaks when changing work/rest hours option  
  • 93 Accreditation fees  
  • 94 Accreditation record requirements  
  • 95 Emergency services  
  • 96 Approval of certain matters by the Australian Transport Council  
  • 97 Application for work diary exemption  
  • 98 Form of written work diaries  
  • 99 Issue of written work diaries  
  • 100 Approval of electronic work diaries  
  • 101 Labelling of electronic work diary devices  
  • 102 Variation or cancellation of approval on application  
  • 103 Variation or cancellation of approval—without application  
  • 104 Notice of variation of approval  
  • 105 Removal of electronic work diary approval label  
  • 106 Corporation may permit the use of diaries whose approval has been cancelled  

PART 6--FEES

  • 107 Definitions for Part 6  
  • 108 Fees  
  • 109 Reduced licence renewal fee for good drivers  
  • 110 Replacement learner log book fee  
  • 111 Search and extract fees  
  • 112 Application of fees  
  • 113 Refund of fees if driver licence cancelled  
  • 114 Reduction, waiver or refund of fees  

PART 7--TRANSITIONAL PROVISIONS

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