Road Safety Amendment Act 2015

Road Safety Amendment Act 2015

No. 40 of 2015

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendments relating to blood samples for accidents resulting in death or serious injury

3Offences involving alcohol or other drugs

4Amendment of section 55B

5New section 55BA inserted

6Evidentiary provisions—blood tests

7Power to enter motor vehicles

8Surrender of motor vehicle

9Amendment to Schedule 1A

Part 3—Other amendments

10Definitions for Part 6A

11Surrender of motor vehicle

12Hearing of application

Part 4—Repeal

13Repeal of amending Act

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Endnotes

1General information

SectionPage

Victoria

SectionPage

Road Safety Amendment Act 2015[†]

No. 40 of 2015

[Assented to 8 September 2015]

Road Safety Amendment Act 2015
No. 40 of 2015

The Parliament of Victoriaenacts:

Part 4—Repeal

Road Safety Amendment Act 2015
No. 40 of 2015

Part 1—Preliminary

1Purposes

The main purposes of this Act are to amend the Road Safety Act 1986—

(a)to establish a regime where a police officer may require a driver or person in charge of a motor vehicle involved in an accident resulting in serious injury or death to allow a blood sample to be taken for analysis; and

(b)to clarify that the designated costs of impounding or immobilising a motor vehicle include administrative costs and the cost of corporate support services; and

(c)to clarify that the 42 day time limit for serving a notice for the surrender of a motor vehicle applies to all operator onus offences; and

(d)to clarify the circumstances under which a court must not decline to make an impoundment or immobilisation order or a forfeiture order on the grounds of exceptional hardship.

2Commencement

(1)This Part and Parts 3and 4 come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Part 2 comes into operation on 30 October 2015.

Part 2—Amendments relating to blood samples for accidents resulting in death or serious injury

3Offences involving alcohol or other drugs

In section 49(1) of the Road Safety Act 1986—

(a)in paragraph (ea), after "section 55B(1)" insert "or 55BA(2)";

(b)in paragraphs (g), (i) and (j), for "section 55, 55B, 55E or 56" substitute "section 55, 55B, 55BA, 55E or 56".

4Amendment of section 55B

(1)Insert the following heading to section 55B of the Road Safety Act 1986—

"Blood and urine samples—persons assessed to be impaired by drugs".

(2)After section 55B(1A) of the Road Safety Act 1986 insert—

"(1B)A police officer must not require a person to allow a sample of the person's blood to be taken for analysis or to furnish a sample of the person's urine for analysis under subsection (1) if the person has already had a sample of blood taken from the person under section 55BA.".

5New section 55BA inserted

After section 55B of the Road Safety Act 1986 insert—

"55BA Blood samples—accidents resulting in death or serious injury

(1)This section applies if a police officer reasonably believes that an accident involving one or more motor vehicles has resulted in death or serious injury.

(2)Subject to subsections (4) and (5), the police officer may require any person who the police officer reasonably believes was, or may have been, driving or in charge of a motor vehicle involved in the accident at the time of the accident to allow a registered medical practitioner or an approved health professional nominated by the police officer to take from the person a sample of that person's blood for analysis.

(3)For the purpose of subsection (2), the police officer may require the person to accompany a police officer to a place where the sample is to be taken and to remain there until the sample required to be taken has been taken or until 3 hours after the accident, whichever is sooner.

(4)A person is not obliged to allow a sample of the person's blood to be taken for analysis if more than 3 hours have passed since the accident.

(5) A police officer must not require a person to allow a sample of the person's blood to be taken for analysis under this section if the person is taken to a place for examination or treatment in consequence of the accident.

(6) The registered medical practitioner or approved health professional who takes a sample of blood under this section must deliver a part of the sample to the police officer who required it to be taken and another part to the person from whom it was taken.

(7) A person must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood of any other person in accordance with this section.

Penalty:12 penalty units.

(8) No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood which the practitioner or approved health professional believed on reasonable grounds was required to be taken from any person under this section.

(9)Without limiting sections 57 and 57A, if a sample of a person's blood is taken in accordance with this section, the results of the analysis of the sample may be given to the Corporation for the purposes of accident research.

(10) Nothing in this section prevents a police officer from requiring a person to undergo an assessment of drug impairment in accordance with section 55A.".

6Evidentiary provisions—blood tests

In section 57(9) of the Road Safety Act 1986, for "sections 55(9A), 55B, 55E(13) and 56" substitute "sections 55(9A), 55B, 55BA, 55E(13) and 56".

7Power to enter motor vehicles

In section 63 of the Road Safety Act 1986,
for "section 53, 54, 55 or 55A" substitute "section53, 54, 55, 55A or 55BA".

8Surrender of motor vehicle

In section 84H(2)(a)(ia)(A) of the Road Safety Act 1986, for "section 55(9A), 55B(1)(a), 55E(13) or 56(2)" substitute "section 55(9A), 55B(1)(a), 55BA(2), 55E(13) or 56(2)".

9Amendment to Schedule 1A

In Schedule 1A to the Road Safety Act 1986, for item 6 substitute—

"6 / Section 50 / Offence under section 49(1)(ba) or (ca) / Before, on or after 13 May 2002 / 6 months
6A / Section 50 / Offence under section 49(1)(ea) of refusing to comply with
a requirement under section55B(1) / Before, on or after 13 May 2002 / 6 months
6B / Section 50 / Offence under section 49(1)(ea) of refusing to comply with
a requirement under section 55BA(2) / On or after 30October 2015 / 6 months".

Part 3—Other amendments

10Definitions for Part 6A

In section 84C of the Road Safety Act 1986, for the definition of designated costssubstitute—

"designated costs means the full cost of impounding or immobilising a motor vehicle under this Part including—

(a)where relevant, the cost of—

(i)driving or moving the motor vehicle to a holding yard or place where the motor vehicle is to be impounded or immobilised; and

(ii)storing the motor vehicle at the holding yard or place where the motor vehicle is impounded or immobilised; and

(iii)releasing the motor vehicle from the holding yard or from impoundment or immobilisation; and

(b)any additional costs incurred if the motor vehicle is impounded or immobilised for longer than the designated period or the period specified under an impoundment or immobilisation order; and

(c)any additional costs incurred if the motor vehicle is relocated by a police officer or an authorised officer under section 84PB(1)(b) or (3); and

(d)administrative costs, including the cost of corporate support services,incurred in relation to the impoundment or immobilisation of the vehicle or in relation to any matter referred to in the above paragraphs;".

11Surrender of motor vehicle

(1)For section 84H(2)(a)(i) of the Road Safety Act 1986 substitute—

"(i)if the relevant offence is an offence to which section 66 applies, within 42 days of the commission of the relevant offence; or".

(2)For section 84H(3)(a)(i) of the Road Safety Act 1986 substitute—

"(i)if the relevant offence is an offence to which section 66 applies, within the preceding 42days; or".

12Hearing of application

(1)In section 84Z(3) of the Road Safety Act 1986, for "subsections (3A), (3B) and (3C)" substitute "subsections (3A), (3AB), (3B) and (3C)".

(2)For section 84Z(3A) of the Road Safety Act 1986 substitute—

"(3A)The court must not decline to make an impoundment or immobilisation order on the grounds of exceptional hardship caused to the offender if—

(a)the offender is disqualified from obtaining a driver licence or learner permit for a period of longer than 3months; or

(b) the offender's driver licence or learner permit is suspended for a period of longer than 3 months.

(3AB) The court must not decline to make a forfeiture order on the grounds of exceptional hardship caused to the offender if—

(a)the offender is disqualified from obtaining a driver licence or learner permit for any period; or

(b)the offender's driver licence or learner permit is suspended for any period.".

Part 4—Repeal

13Repeal of amending Act

This Act is repealed on 30 October 2016.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Road Safety Amendment Act 2015
No. 40 of 2015

Endnotes

1General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

[†] Minister's second reading speech—

Legislative Assembly: 24 June 2015

Legislative Council: 6 August 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986 to provide for the taking of a blood sample of a driver or the person in charge of a motor vehicle that is involved in an accident that has resulted in serious injury or death and to make other amendments to clarify the operation of that Act and for other purposes."