Road Safety (Drivers) Regulations 1999

Version No. 025

Road Safety (Drivers) Regulations 1999

S.R. No. 26/1999

Version incorporating amendments as at 1 July 2004

table of provisions

Regulation Page

Part 1—Preliminary 1

101. Objective 1

102. Authorising provision 1

103. Commencement 1

104. Definitions 1

Part 2—Driver Licences and Permits 5

Division 1—General 5

201. Eligibility to apply for licence or permit 5

202. Driver licences and learner permits 8

203. Requirements for applying for licence 10

204. Surrender of current driver licence or permit 11

205. Refusal of driver licence or learner permit 12

206. Issue of driver licence or learner permit 13

207. Conditions on driver licences or learner permits 13

208. Licence expiry date 15

209. Notice of renewal of driver licence 16

210. Renewal of a driver licence 16

Division 2—Learner and probationary drivers 18

211. Vehicle power restrictions 18

212. Duration of learner permit 19

213. Restrictions affecting learner drivers 20

214. Learners must display appropriate plates 21

215. Duration of probationary licence 21

216. Certain licences need not be probationary 22

217. Probationary drivers must have "P" plates 22

218. Revoked 23

219. Passenger restriction for probationary driver licences 23

Division 3—Exemptions 24

220. Drivers under instruction 24

221. Licences etc issued outside Victoria 25

Division 4—Other requirements 27

222. Form of document 27

223. Issue of replacement driver licence or permit 27

224. Records 28

225. Change of name, address or condition 29

226. Tests 29

227. Verification of record and monitoring of compliance 30

228. Notification offences 31

Part 3—Variation, Suspension or Cancellation 32

Division 1—Demerit Points 32

301. Demerit points 32

302. Notification of too many demerit points 38

302A. Cancellation of certain demerit points 39

Division 2—Cancellation etc. by Corporation 41

303. Variation, suspension or cancellation of driver licence or permit 41

304. Procedures for variation, suspension and cancellation of driver licence or permit 43

Part 4—Review Rights 45

401. Corporation to ensure notification of review rights 45

402. Application for internal review 45

403. Appeal to the Magistrates' Court 46

404. Appeals about demerit points 47

405. Affected person entitled to be given reasons 47

Part 5—Driving Hours 49

Division 1—General 49

501. Definitions 49

502. Calculation of time 54

503. Sleeping berths 55

504. Other offences 55

504A. Certain requests etc. prohibited 56

504B. Special obligation of consignors 56

504C. Special obligation of employers 57

504D. Special obligations—rostering and scheduling 57

Division 2—Commercial Buses 58

505. Maximum working time—commercial bus drivers 58

506. Minimum rest time—commercial bus drivers 59

507. Person who is two-up driver then solo driver during a week 60

Division 3—Heavy Trucks 60

508. Maximum working time—heavy truck drivers 60

508A. Minimum rest time—heavy truck drivers 61

Division 4—Driving records 61

509. Application of Division 61

510. Obligation to make and carry driving record 62

511. Form of driving record 63

512. Obtaining a log book 63

513. Driver must give driving record to employer 65

514. Defacing, destroying or altering a log book 66

515. Making a false statement 66

516. Misusing a log book 67

517. Unlawful interference with an automatic recording device 67

518. Lost, stolen or destroyed log book 68

519. Trips under 100 kilometres radius—employer's obligation 68

520. Obligations of interstate drivers 70

521. Limited exemptions-literacy 70

522. Exemptions—emergencies 70

523. Exemption—Fatigue management programs 71

Division 5—Evidence 71

524. Evidence 71

Part 6—Fees 73

601. Fees 73

602. Search and extract fees 73

603. Application of fees 73

604. Refunds of fees 74

Part 7—Transitional Provisions 75

701. Licence or permits issued under revoked regulations 75

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SCHEDULES 76

SCHEDULE 1—Revoked 76

SCHEDULE 2—General Fees 77

SCHEDULE 3—Search and Extract Fees 79

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ENDNOTES 80

1. General Information 80

2. Table of Amendments 81

3. Explanatory Details 83

Version No. 025

Road Safety (Drivers) Regulations 1999

S.R. No. 26/1999

Version incorporating amendments as at 1 July 2004

Part 1—Preliminary

Road Safety (Drivers) Regulations 1999

S.R. No. 26/1999

Part 1—Preliminary

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.

102. Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

103. Commencement

These Regulations come into operation on 1 May 1999.

104. Definitions

In these Regulations—

"appropriate fee", in relation to an amount payable under a provision of these Regulations, means 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—

r. 104

(a) if displayed on a car, a plate approximately 150 millimetres by 150millimetres 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;

"expiry date" means the expiry date referred to in regulation 208;

Reg. 104 def. of "high powered motor vehicle" amended by S.R. No. 54/1999 reg.12(a).

"high powered motor vehicle" means a motor vehicle (other than a motor cycle or motor trike) which—

(a) has a power mass ratio which exceeds 125kilowatts per tonne; or

(b) has an engine capacity which exceeds 3×5litres per tonne of the unladen mass of the motor vehicle;

"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 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;

"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;

r. 104

"motor cycle licence" means a licence referred to in regulation 202(1)(g);

"motor trike" means a motor vehicle with 3wheels, 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;

"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;

Reg.104 def. of "P plate" substitutedby S.R.No. 89/2002 reg.5

"P plate" means—

(a) in relation to a probationary driver who is the holder of a probationary driver licence, a plate measuring approximately 150 millimetres by 150millimetres that has a white letter "P" clearly marked on a red background; or

(b) in relation to a probationary driver who is the holder of a provisional or probationary licence issued under a corresponding law of another jurisdiction which requires that holder to display a "P" plate while driving a motor vehicle, a "P" plate that complies with the relevant requirements of that corresponding law;

r. 104

"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;

Reg. 104
def. of "Road Rules" or "RR"
inserted by S.R. No. 120/1999 reg.704.

"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.

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Part 2—Driver Licences and Permits

Division 1—General

201. Eligibility to apply for licence or permit

r. 201

(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)(c) 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 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

(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

r. 201

(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 12months; 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 sub-regulation (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 hasheld a driver licence referred to in sub-regulation (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

r. 201

(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 sub-regulation (2)(b)(i) or (ii) if the person has held a motor cycle licence or motor cycle learner permit for at least 12 months.

Reg. 201(6) amended by S.R. No. 59/1999 reg.3.

(6) The Corporation may exempt a person from the requirements of sub-regulation (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.

202. Driver licences and learner permits

r. 202

(1) For the purposes of these Regulations, the categories of driver licence and learner permit are—

(a) car;

(b) light 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 8tonnes.

(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.