Road Legislation Further Amendment Act 2007

Road Legislation Further Amendment Act 2007

No. 74 of 2007

table of provisions

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 4

Part 2—Amendment of Road Safety Act 1986 5

3 Definitions 5

4 Definition of driver base 11

5 Driver licences 12

6 Probationary driver licences 12

7 Demerits register 12

8 Definition for Part 5 16

9 New section 68B inserted 16

68B Deliberately or recklessly entering a level crossing whena train or tram is approaching etc. 16

10 Definitions in Part 6AA 17

11 Use of effective statement to avoid liability 19

12 Cancellation of acceptance of statement 22

13 Proceedings against nominated persons 22

14 Defences to operator onus offences 23

15 Relevant offence 23

16 Disclosure of information 23

17 Transitional provisions 25

103N Transitional provisions for operator onus—Road Legislation Further Amendment Act2007 25

103O Transitional provisions for Demerits Register—Road Legislation Further Amendment Act2007 25

103P Transitional provisions for level crossings—Road Legislation Further Amendment Act2007 26

103Q Transitional provisions for fatigue regulated heavy vehicles—Road Legislation Further Amendment Act2007 26

103R Transitional provisions for certain drivers of fatigue regulated heavy vehicles—Road Legislation Further Amendment Act 2007 27

103S Transitional provisions for existing exemptions for drivers of fatigue regulated heavy vehicles—Road Legislation Further Amendment Act2007 29

103T Transitional provisions for existing log books—Road Legislation Further Amendment Act2007 30

18 Definition of driver base 30

19 Definitions of consignor, consignee and loader 30

20 New Part 10A inserted 31

Part 10A—Fatigue Management requirements 31

Division 1—Interpretation 31

191A Definitions 31

191B Meaning of fatigue regulated heavy vehicle 43

191C Application of Commonwealth Interpretation Act 44

Division 2—Duties to avoid and prevent fatigue 44

191D Driver's duty to avoid driver fatigue 44

191E Duty on parties in the chain of responsibility to preventdriver fatigue 45

191F Duties on employers, prime contractors and operators 46

191G Duties on schedulers 48

191H Duties on consignors and consignees 50

191I Duties on loading managers 53

191J Certain requests etc. prohibited 54

191K Certain contracts prohibited 55

Division 3—Duties relating to work and rest times 56

Subdivision 1—Work and rest times applying to drivers notworking under accreditation 56

191L Standard hours—solo drivers 56

191M Standard hours—solo drivers of buses 57

191N Standard hours—two-up drivers 58

Subdivision 2—Work and rest times applying to drivers working under BFM accreditation 59

191O BFM hours—solo drivers 59

191P BFM hours—two-up drivers 60

Subdivision 3—Work and rest hours under AFM accreditation 61

191Q Drivers working under AFM accreditation 61

191R Changing work/rest hours option 64

Division 4—Duties relating to record keeping 66

191S Driver must carry work diary 66

191T Information that driver must record in work diary 67

191U How driver must record information in work diary 69

191V Destroyed, lost, stolen or malfunctioning work diaries 71

191W Malfunctioning odometers 73

191X Duty on employers, prime contractors, operators and schedulers to ensure driver compliance 75

Division 5—Records relating to drivers 76

191Y Information that record keeper must record 76

191Z False entries 81

191ZA Keeping 2 work diaries simultaneously prohibited 81

191ZB Possession of purported work records etc. prohibited 82

191ZC Defacing or changing work records etc. prohibited 82

191ZD False representation of work records prohibited 82

191ZE Making entries in someone else's work records prohibited 82

191ZF Destruction of certain work records prohibited 83

191ZG Tampering with electronic work diaries prohibited 83

Division 6—Accreditation and exemptions 84

Subdivision 1—BFM accreditation 84

191ZH Meaning of BFM system 84

191ZI Application for BFM accreditation 85

191ZJ Granting BFM accreditation 86

191ZK BFM accreditation certificate and period of
accreditation 87

191ZL Refusal to grant BFM accreditation 87

191ZM Conditions of BFM accreditation 87

191ZN Obligations of operator under BFM accreditation 88

191ZO Operator must advise of change or end of
accreditation 89

Subdivision 2—AFM accreditation 89

191ZP Meaning of AFM proposal 89

191ZQ Meaning of AFM system 90

191ZR Application for AFM accreditation 91

191ZS Granting AFM accreditation 91

191ZT AFM accreditation certificate and period of
accreditation 93

191ZU Refusal to grant AFM accreditation 94

191ZV Conditions of AFM accreditation 94

191ZW Driver must carry AFM accreditation details 95

191ZX Obligations of operator under AFM accreditation 95

191ZY Operator must advise of change or end of accreditation 97

Subdivision 3—Exemptions 97

191ZZ Exemptions for emergency services 97

191ZZA Work diary exemption 98

Subdivision 4—Variation, suspension or cancellation of accreditation or exemption 100

191ZZB Variation or cancellation of accreditation or exemption—on application 100

191ZZC Grounds for variation—without application 101

191ZZD Grounds for cancellation—without application 102

191ZZE Variation or cancellation of accreditation—without application 103

191ZZF Immediate suspension of accreditation in interest ofpublic safety 104

191ZZG Return of accreditation certificate or exemption 105

Subdivision 5—Miscellaneous provisions relating to accreditation and exemptions 105

191ZZH Replacement of lost etc. accreditation certificates andexemptions 105

191ZZI Offence to falsely represent that accreditation
held 106

Division 7—Compliance and enforcement 107

Subdivision 1—Enforcement powers 107

191ZZJ Requiring rest for contravention of maximum workrequirement 107

191ZZK Requiring rest for contravention of minimum rest requirement 108

191ZZL Requiring driver to stop working if impaired by fatigue 109

191ZZM Requiring driver to stop working if work diary notproduced or unreliable 111

191ZZN Compliance with requirement under this Division 112

Subdivision 2—Reasonable steps and provisions concerningdefences 113

191ZZO What constitutes reasonable steps 113

191ZZP Reasonable steps defence 115

191ZZQ Matters relevant to deciding whether acts or omissionsconstitute all reasonable steps 115

191ZZR Inclusion of reasonable diligence 118

191ZZS Compliance with industry code of practice 118

191ZZT Exclusion of mistake of fact defence 119

Subdivision 3—Penalties 119

191ZZU Penalties 119

191ZZV Proceedings for offences 120

191ZZW Deciding whether a person knew or ought reasonablyto have known something 122

191ZZX Multiple offenders 122

191ZZY Other powers not affected 123

191ZZZ Contracting out prohibited 123

Division 8—Fatigue Authorities Panel 123

191ZZZA Establishment of Panel 123

191ZZZB Approved matters to be published 124

Division 9—Reconsideration and review of decisions 124

191ZZZC Decisions that may be reconsidered and
reviewed 124

191ZZZD Reconsideration of decisions 126

21 New Part 11 heading 127

"Part 11—Additional Provisions ConcerningRelevant Heavy Vehicle Offences". 127

22 Application of Commonwealth Acts Interpretation Act1901 127

23 Relevant heavy vehicle offences 127

24 Definitions 128

25 Meaning of associate repealed 128

26 Meaning of operator repealed 128

27 Definitions 128

28 Regulations 129

29 New Schedules 3 to 4A inserted 130

SCHEDULE 3—Work and Rest Hours for Drivers Not Workingunder Accreditation 130

Table 1—Standard hours—Solo drivers of a fatigue regulated heavy vehicle 130

Table 2—Standard hours—Solo drivers of buses 134

Table 3—Standard hours—Two-up drivers of a fatigue
regulated heavy vehicle 138

SCHEDULE 4—Work and Rest Hours for Drivers Working
Under BFM Accreditation 145

Table 1—BFM hours—Solo drivers of a fatigue regulatedheavyvehicle 145

Table 2—BFM hours—Two-up drivers of a fatigue regulated heavy vehicle 151

SCHEDULE 4A—AFM Outer Limits 160

Part 3—Amendment of Chattel Securities
Act1987 161

30 New section 16B inserted 161

16B Corporation may enter into agreement with sheriff aboutregistration fees 161

31 Section 18 substituted 161

18 Cancellation of registration 161

32 Corporation to record details of cancellation 162

33 Prescribed fees for variation 162

34 Variation of particulars 162

35 Correction of inaccuracies in the register 163

36 Certificate 163

37 New section 24A inserted 164

24A Provision of information other than by certificate 164

38 Regulations 164

Part 4—Amendment of EastLink Project Act2004 166

39 Definitions 166

40 New section 197AA inserted 171

197AA Authorisation of authorised persons 171

41 Liability to pay toll charged 172

42 Exemptions from toll and toll administration fees 172

43 Section 199 substituted and new sections 199A and199B inserted 172

199 Operator not liable if effective tolling statement
made 172

199A Cancellation of acceptance of statement 174

199B Offence to provide false or misleading information 175

44 Charge of toll 175

45 Payment of toll 176

46 Division 3 heading amended 176

47 Sections 204 and 205 substituted 177

204 Offence to drive unregistered vehicle in toll zone 177

205 Registration of vehicles 179

205A On-going registration 180

205B Temporary registration 181

205C Information to be given in relation to registration 182

205D Cancellation or suspension of registration 184

48 New section 206A inserted 185

206A Offence to fraudulently induce registration 185

49 New section 206B inserted 186

206B Court to require payment of toll and costs 186

50 Freeway Corporation may notify enforcement agency of non-payment of toll 186

51 New section 207A inserted 187

207A Disputes in relation to payment of tolls 187

52 Power to serve a notice 188

53 Infringement penalty 188

54 Additional effect of expiation 188

55 Section 219 substituted 189

219 Operator onus offence 189

56 New section 219A inserted 189

219A Extension of time if no actual notice for offence to driveunregistered vehicle in toll zone 189

57 Proof that vehicle driven on EastLink 194

58 Evidence of certificate or document from VicRoads 194

59 New section 221A inserted 194

221A General evidentiary provision 194

60 Evidence of certificate issued by Freeway Corporation 195

61 Regulations 195

Part 5—Amendment of Melbourne City Link Act1995 196

62 Definitions 196

63 New section 69B inserted 201

69B Authorisation of authorised persons 201

64 Liability to pay toll and toll administration fees 201

65 New sections 72AA and 72AB inserted 203

72AA Cancellation of acceptance of statement 203

72AB Offence to provide false or misleading information 204

66 Charge of toll 204

67 Offence to drive unregistered vehicle in toll zone 204

68 Relevant corporation or authorised person may notify enforcement agency of non-payment of toll 205

69 Disputes in relation to payment of tolls 205

70 Power to serve a notice 206

71 Prescribed penalty 206

72 General evidentiary provisions 206

73 Transitional provisions 207

125 Transitional provisions—Road Legislation Further Amendment Act 2007 207

Part 6—Amendment of Road Management
Act2004 208

74 Definitions 208

75 Powers of a road authority 208

76 General functions 208

77 Street lighting arrangements 209

46A Specific duties and powers in relation to street
lighting 209

78 Defence to prove that reasonable care was taken 209

79 New Schedule 7A inserted 210

SCHEDULE 7A—Street Lighting 210

1 Definitions 210

2 Power to install street lighting 210

3 Responsibility for installation and operating costs of street lighting 211

4 Transitional provisions—cost allocation tables for arterial roads 212

Part 7—Amendment of Transport Act 1983 216

80 Delegation 216

81 Repeal of section 55 216

82 Substitution of Roads Corporation as the licensing authority fortow trucks 216

83 Allocation schemes 217

84 Roads Corporation to replace Secretary 217

85 Repeal of Schedule 5 217

Part 8—Repeal of Amending Act 218

86 Repeal of Act 218

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Endnotes 219

Section Page

Victoria

Section Page

Road Legislation Further Amendment Act 2007[(]

No. 74 of 2007

[Assented to 18 December 2007]

Road Legislation Further Amendment Act 2007
No. 74 of 2007

The Parliament of Victoria enacts:

Part 8—Repeal of Amending Act

Road Legislation Further Amendment Act 2007
No. 74 of 2007

Part 1—Preliminary

1 Purpose

The main purpose of this Act is—

(a) to amend the Road Safety Act 1986—

(i) to include provisions providing for fatigue management for drivers of certain heavy vehicles; and

(ii) to introduce a new offence for drivers who deliberately or recklessly enter level crossings when warning devices are operating or a train or tram is approaching; and

(iii) to allow for the use of VicRoads' records—

(A) to assist in locating missing persons; and

(B) to facilitate the reunion of families and friends; and

(D) to assist infrastructure managers to carry out the managers' functions under the Road Management Act 2004; and

s. 1

(iv) to clarify the operator onus provisions in Part 6AA for the purposes of tolling offences; and

(v) to enable VicRoads to delay sending a demerit point suspension notice if a demerit point option notice is returned as undeliverable; and

(vi) to allow VicRoads to grant people under the age of 21 years driver licences for different terms than those that apply to older drivers; and

(vii) to empower regulations in respect of learner drivers to make different provision for drivers of different ages; and

(viii) to clarify that a Ministerial order that recognises laws of other States or of Territories for the purposes of determining a person's liability for repeat drink-driving and drug-driving offences may include offences under laws that have been repealed or expired; and

(b) to amend the Chattel Securities Act 1987 to clarify provisions regarding the registration of security interests in motor vehicles, including clarification of the power to make regulations imposing fees, and the ability to waive or reduce those fees in certain circumstances; and

s. 1

(c) to amend the EastLink Project Act 2004 to ensure that the tolling provisions in that Act include recent reforms to operator onus offences and the provisions are more consistent with those that apply under the Melbourne City Link Act 1995; and

(d) to amend the Melbourne City Link Act 1995 to apply recent reforms to operator onus offences to City Link tolling, so that recipients of tolling invoices who were not driving can nominate the responsible person in relation to the vehicle; and

(e) to amend the Road Management Act 2004 to establish a new set of arrangements for the funding and management of street lighting on arterial roads between the State and local governments, and to make amendments in relation to road management functions; and

(f) to amend the Transport Act 1983 to transfer responsibility for the provisions regarding tow trucks from the Director of Public Transport and the Secretary to the Department of Infrastructure to VicRoads.

2 Commencement

s. 2

(1) Subject to subsections (2) to (7), this Act comes into operation on the day after the day on which it receives the Royal Assent.