Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017

Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act2017

No. 68 of 2017

table of provisions

SectionPage

Chapter 1—Preliminary

Part 1.1—Purposes

1Purposes

Part 1.2—Commencement

2Commencement

Chapter 2—Amendment of Road Safety Act1986 and other road legislation

Part 2.1—Preliminary

3Principal Act

Part 2.2—Drink and drug driving offences

Division 1—Disqualification and alcoholinterlockconditions

4Definitions

5New section 23A inserted

6New section 23B inserted

7New section 25A inserted

8New section 31KB substituted

9Provisions about cancellation and disqualification

10Previous convictions

11Zero blood or breath alcohol

12Cancellation of licence or permit for drink-driving infringements

13Amendment of Schedule 1

Division 2—Behaviour change program for drinkand drug driving offences

14Definitions

15Effect of suspension of licence or permit

16Application for licence eligibility order

17Sections 31C and 31D repealed

18Section 31E amended

19Sections 31F and 31G repealed

20Procedure on hearing of application for licence eligibility order

21Section 49A repealed

22Administrative scheme for removal of alcohol interlock condition

23Alcohol interlock condition removal order

24New Part 5A inserted

25Definitions for Part 6AB

26Repeal of Schedule 1A

Division 3—Increased penalties for drugdrivingoffences

27Provisions about cancellation and disqualification

28Suspension of licence or permit for excessive speed infringement or drug-driving infringement

Division 4—Drinking while driving infringements

29Definitions

30Traffic infringements

Part 2.3—Impoundment, immobilisation andforfeiture of motor vehicles

31Definitions for Part 6A

32Section 84E repealed

33Impoundment or immobilisation order

34Forfeiture order

35Application for an impoundment or immobilisation order or a forfeiture order

36Notice of application

37Notice where 2 or more offences charged

38Direction not to transfer registration or register motor vehicle

39Application to register financing statement after giving notice of intention to sell etc.

Part 2.4—Driver licences

40Offence if driver not licensed

41New section 18AA inserted

42New sections 18B and 18C inserted

43Cancellation, suspension or variation of licences and permits by Corporation

44Power of Corporation to require tests to be undergone

45Disqualified person must not apply for licence or permit

46Offence to drive while disqualified etc.

47Offence to employ unlicensed driver

48New section 32A inserted

49Interpretation

50Cancellation of licence or permit for drink-driving infringements

51Suspension of licence or permit for excessive speed infringement or drug-driving infringement

52Schedule 5 amended

Part 2.5—Demerit points scheme

53Power of court to cancel, suspend or vary licences and permits

54Demerit point option notice

55Extended demerit point period

56Person elects to extend demerit point period and incurs no additional demerit points

57Person elects to extend demerit point period and incurs additional demerit points

58New section 41A inserted

59Suspension of driver licence or learner permit under this Division

60New section 44 substituted

61Appeal to Magistrates' Court

Part 2.6—Service of notices

62Person fails to elect to extend demerit point period

63Suspension of driver licence or learner permit under this Division

64Sections 60, 60A and 84BE amended

65Service of notices

Part 2.7—Other amendments

Division 1—Motor cycle driver licence conditions

66Driver licences

67Zero blood or breath alcohol

68General duty of driver or person in charge of motor vehicle

Division 2—Evidence of power to mass ratio

69Definitions

70General evidentiary provisions

Division 3—Miscellaneous

71Definitions

72Power to inspect motor vehicles and trailers

73Definitions for Division 3 of Part 2

74Section 63B amended

75Certain matters indicated by prescribed road safety cameras are evidence

76Evidence relating to prescribed road safety cameras

77Schedule 2 amended

Part 2.8—Statute law revision

78Definitions

79References to Head, Transport for Victoria

80Obligations of road users

81References to speed

82Definitions for Part 6AB

83Definitions for Part 6A

84Schedule 2 amended

Part 2.9—Transitional provisions

85New section 103ZK inserted

Part 2.10—Amendment of Road Legislation Further Amendment Act 2016

86Cancellation and disqualification—corresponding interstate drink-driving offence

Chapter 3—Amendment of rail legislation

Part 3.1—Amendment of Rail ManagementAct 1996

87Definitions

88New Part 2A of Rail Management Act 1996 substituted

89New section 118B inserted

Part 3.2—Amendment of Rail Safety (LocalOperations) Act 2006

90Definitions and interpretation

91Safety interface agreements

92Secretary to the Department of Transport is exempt

93Surrender of accreditation

94Definitions—section 70

95Additional offences involving alcohol and drugs

96Additional circumstance when rail safety workers may be convicted or found guilty

97Additional matters for breath analyses

98Transport safety officer or police officer may require drug screening test, oral fluid analysis and blood test

99New sections 86CA to 86CG inserted

100New section 86D substituted

101Rail safety worker may request sample of blood to be taken for analysis

102Blood samples to be taken in certain cases

103Evidentiary provisions—blood tests

104Evidentiary provisions—oral fluid samples

105Approvals

Part 3.3—Amendment of Rail Safety National Law Application Act 2013

106Disallowance of national regulations

107Part 6 of the Rail Safety (Local Operations) Act2006 forms part of the Law with modifications

Part 3.4—Amendment of Tourist and Heritage Railways Act 2010

108New section 6 substituted

Chapter 4—Amendment of other transport related legislation

Part 4.1—Amendment of Transport (SafetySchemes Compliance and Enforcement) Act 2014

109General powers on entry or boarding

110Magistrates' Court may extend period of detention of vessel

111Extension of time for compliance with improvement notices

112Service of prohibition notice

113Amendment of prohibition notice

114Certificates confirming that matters that give rise to immediate risks to safety remedied

115Proceedings for offences not affected by prohibition notices or certificates

116When Safety Director may carry out action

117Power of Safety Director to take other remedial action

118Costs of remedial or other action

119Injunctions for non-compliance with notices

120Release on the giving of a safety undertaking

Part 4.2—Amendment of Transport AccidentAct 1986

121Transport accident charge

122New Division 12 of Part 11 inserted

Part 4.3—Amendment of Marine (Drug, Alcohol and Pollution Control) Act 1988

123Subject matter for regulations

Part 4.4—Amendment of Port Management Act 1995

124Statute law revision

Chapter 5—Repeal of amending Act

125Repeal of amending Act

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Endnotes

1General information

SectionPage

Victoria

SectionPage

Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act2017[†]

No. 68 of 2017

[Assented to 19 December 2017]

Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act2017
No. 68 of 2017

The Parliament of Victoriaenacts:

Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act2017
No. 68 of 2017

Chapter 1—Preliminary

Part 1.1—Purposes

1Purposes

(1)Subsections (2) to (4) set out the main purposes of this Act.

(2)Chapter 2 amends the Road Safety Act 1986—

(a)to implement reforms aimed at reducing deaths and injuries on Victorian roads including—

(i)the cancellation of a driver licence orlearner permit and disqualification for a minimum period following a finding of guilt or conviction for any drink-driving offence; and

(ii) the imposition of a mandatory alcohol interlock condition on any driver licence or learner permit granted following a disqualification because ofa drink-driving offence; and

(iii)the introduction of a behaviour change program for persons found guilty or convicted of drink-driving offences andcertain other offences; and

(b)to introduce other reforms including—

(i)increased penalties for drug driving offences; and

(ii)the simplification of the vehicle impoundment and forfeiture scheme; and

(iii) reforms to the description of, defences to and penalties for, offences relating to unlicensed driving; and

(iv) the simplification of the demerit points scheme; and

(v)the rationalisation of provisions relating to the service of notices under that Act; and

(c)to make other amendments to improve the operational effectiveness of that Act; and

(d)to make other technical amendments.

(3) Chapter 2 also amends the Road Safety Act 1986 and theRoad Legislation Further Amendment Act 2016 in relation to the imposition of mandatory alcohol interlock conditions in relation to certain interstate offences.

(4) Chapter 3 amends—

(a)the Rail Management Act 1996 to establish a new rail access regime; and

(b)the Rail Safety (Local Operations) Act2006to make further provision in relation to the drug and alcohol testing of railsafety workers; and

(c)the Rail Safety National Law Application Act2013 to make a technical amendment to the provision that allows for parliamentary disallowance of the national regulations made under the Rail Safety National Law (Victoria); and

(d)the Tourist and Heritage Railways Act2010 to provide that the Tourist andHeritage Railway Registrar must
be an employee of the Public Transport Development Authority.

(5) Chapter 4 amends—

(a)the Transport (Safety Schemes Compliance and Enforcement) Act2014 and thePort Management Act 1995 to make minor and technical changes to improve the operation of those Acts,and changesof a statute law revision nature; and

(b)the Transport Accident Act 1986 so that the 28-day grace period for the payment ofatransport accident charge applies to a registration of 3months or more; and

(c)the Marine (Drug, Alcohol and Pollution Control) Act 1988to make minor changes to the provisions of that Act that enable regulations to be made in relation to the storage and provision of blood samples.

Part 1.2—Commencement

2Commencement

(1)This Chapter, Part 2.1, section 84 and Part 4.3 come into operation on the day on which this Act receives the Royal Assent.

(2)Section 77 and Parts2.8 (except section 84),2.9, 2.10, 4.1, 4.4 and Chapter 5come into operation on the day after the day on which this Act receives the Royal Assent.

(3) Subject to subsections (4) and (5), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4)If section 4 or 5 or 7 to 30 or a provision ofPart2.3, 2.4 or Division 1 of Part 2.7 or section72, 74, 75 or 76 or a provision of Chapter3 or Part 4.2does not come into operationbefore 1 November 2018, it comes intooperation on that day.

(5) If a provision referred to in subsection (3) (otherother than a provision referred to in subsection (4)), does not come into operation before 1January 2020, it comes into operation onthat day.

Chapter 2—Amendment of Road Safety Act1986 and other road legislation

Part 2.1—Preliminary

3Principal Act

In this Chapter, the Road Safety Act 1986 is called the Principal Act.

Part 2.2—Drink and drug driving offences

Division 1—Disqualification and alcoholinterlockconditions

4Definitions

(1)In section 3(1) of the Principal Act, in paragraph(b) of the definition of drink-driving infringement, for "subsection (1A), (1AB)or(1AC) of section 50" substitute "section50(1A)".

(2)In section 3(1) of the Principal Act insert the following definitions—

"Australian driver licence means—

(a)a driver licence; or

(b)a licence (other than an Australian learner permit) issued under the law of another State or a Territory authorising the holder to drive a motor vehicle on a highway;

Australian learner permit means—

(a)a learner permit; or

(b)an interstate learner permit;

corresponding interstate drink-driving offence means an offence against a law of another State or a Territory that the Minister has declared under section 25(1) to correspond to a specified Victorian drink-driving offence;".

5New section 23A inserted

After section 23 of the Principal Act insert—

"23A Corporation must not grant driver licence or learner permit to disqualified driver

Except as provided by section 25A or by the regulations, the Corporation must not grant a driver licence or learner permit to a person who—

(a)is currently disqualified from driving orfrom obtaining a driver licence or learner permit under the law of Victoria or another State or a Territory; or

(b)has an Australian driver licence or an Australian learner permit that is currently suspended; or

(c)is currently disqualified from driving under the law of another country in circumstances that, if they occurred in Victoria, would have resulted in the person being disqualified from driving in Victoria.".

6New section 23B inserted

Before section 24 of the Principal Act insert—

"23B Alcohol interlock to be installed prior to grant of driver licence or learner permit subject to alcohol interlock condition

(1)This section applies if the Corporation can only grant a driver licence or learner permit to a person that is subject to an alcohol interlock condition.

Examples

Section 31KA or 31KB applies to the person ortheMagistrates' Court has given an alcohol interlockcondition direction to the Corporation undersection 50AAA in relation to the person.

(2)The Corporation must not grant the driver licence or learner permit to the person unless the person provides to the Corporation a certificate from an approved alcohol interlock supplier certifying that, at the request of the person, the supplier has installed an approved alcohol interlock in a vehicle specified in the certificate.

(3)A certificate provided to the Corporation under subsection (2) must be in the form approved by the Corporation.".

7New section 25A inserted

After section 25 of the Principal Act insert—

"25A Reduction in period for which a person is ineligible to be granted a driver licence or learner permit

(1)This section applies to a person who—

(a)is currently disqualified under the law of another jurisdiction from driving or from obtaining a driver licence or learner permit, or a class of driver licence or learner permit, in that jurisdiction because of a corresponding interstate drink-driving offence committed by the person in the other jurisdiction; and

(b)would have been eligible for a reduced period of disqualification if the person had resided or remained in the other jurisdiction and had participated or agreed to participate in an alcohol interlock program in that other jurisdiction; and

(c)is not otherwise, in Victoria or another jurisdiction, disqualified from driving or from obtaining a driver licence or learner permit or subject to a suspension relating to a driver licence or learner permit.

(2)On the application by the person in accordance with the regulations, the Corporation may reduce the period for whichthe person is otherwise prevented under section 23A from obtaining a driver licence or learner permit.

Note

The grant of a driver licence or learner permit by theCorporation to a person to whom this section applies is subject to section 31KB and, unless section31KB(8)(b) applies, must be made subject toan alcohol interlock condition.

(3)In this section—

jurisdiction means an Australian State or aTerritory.".

8New section 31KB substituted

For section 31KB of the Principal Act substitute—

"31KB Administrative scheme for imposing alcohol interlock condition—interstate drink-driving offence

(1)This section applies to a person if—

(a)the person holds a current licence or permit authorising the person to drive a motor vehicle issued in another State or a Territory that is subject to an alcohol interlock condition and paragraphs (b) and (c) do not apply to the person; or

(b)the person—

(i)was prevented under section 23A from obtaining a driver licence or learner permit because the person was disqualified from driving in another State or a Territory in respect of a corresponding interstate drink-driving offence; and

(ii)is no longer prevented from obtaining a driver licence or learner permit; or

(c)the person—

(i)has been disqualified under section 25(3) from obtaining a driver licence or learner permit inrespect of a corresponding interstate drink-driving offence; and

(ii)has ceased to be so disqualified.

Note

If the person has committed other offences, the person may be required to obtain a licence eligibility order before a driver licence or learner permit is granted. Seesection 31A.

(2)Subject to subsection (8)(b), a driver licence or learner permit granted by the Corporation to a person to whom this section applies must be made subject to an alcohol interlock condition.

(3)The Corporation may impose an alcohol interlock condition under this section on the basis of the application for a driver licence or learner permit made by the person and any matters that appear in records kept by the Corporation without conducting any hearing or investigation into the matter.

(4)A person granted a driver licence or learner permit on which an alcohol interlock condition is imposed under this section cannot apply under section 50AAAB for the removal of the condition during the period (the relevant period) determined in accordance with subsection(5) or (6).

(5)For the purposes of subsection (4), the relevant period applying to a person referred to in subsection (1)(a) is the period beginning on the first granting of the driver licence or learner permit and ending on the day on which—

(a)the person would have been eligible to apply for the removal of the alcohol interlock condition imposed by the other State or a Territory; or

(b)the alcohol interlock condition imposed by the other State or a Territory would have ceased by operation of law—

had the person resided or remained in the other State or a Territory.

(6)For the purposes of subsection (4), the relevant period applying to a person referred to in subsection (1)(b) or (c) is the period beginning on the first granting of the driver licence or learner permit and ending on—

(a)the expiry of the minimum period specified in Column 4 of the table in Schedule 1B that would apply had the person been convicted or found guilty of the Victorian drink-driving offence to which the interstate drink-driving offence has been declared to correspond by Order made under section 25(1); or

(b)if subsection (8) applies—an earlier date determined by the Corporation.

(7)For the purposes of subsection(6)(a)—

(a)section 50AAA(9) applies in the sameway and to thesame extent as itwould apply for the purposes of section50AAA and Schedule 1B in respect of the Victorian drink-driving offence referred to in subsection (6)(a); and

(b)if the minimum period applying to the Victorian drink-driving offence varies depending on the concentration of alcohol in the person's blood or breath, the minimum period is that which would apply had the person recorded the same concentration of alcohol in respect of the Victorian drink-driving offence as—

(i)the concentration of alcohol notified as having been recorded in respect of the person's blood orbreath in respect of the corresponding interstate drinkdriving offence; or

(ii)if, instead of a fixed concentration of alcohol, the Corporation is notified that the concentration of alcohol recorded in the person's blood or breath fell within a rangeof concentration in respect of the corresponding interstate drink-driving offence—the concentration of alcohol at the lower end of that range.

(8)If a person to whom subsection (6) applies satisfies the Corporation that the person has complied with the requirements of an alcohol interlock condition imposed by another State or a Territory in respect of the corresponding interstate drink-driving offence, the Corporation may determine that—

(a)the relevant period ends on an earlier date for the purposes of subsection(6); or

(b)a driver licence or learner permit may be granted to the person without an alcohol interlock condition if the alcohol interlock condition imposed by the other State or the Territory was for the same or a longer period than the relevant period that would otherwise apply to the person under subsection(6).".

9Provisions about cancellation and disqualification

(1)For section 50(1) and (1A) of the Principal Act substitute—

"(1)On convicting or finding a person guilty of an offence under section 49(1)(b), (f) or (g), the court must—

(a)cancel any driver licence or learner permit held by the offender; and

(b)whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining one for such time as the court thinks fit, not being less than the minimum period of disqualification determined in accordance with subsection (1A).

(1A)The minimum period of disqualification is—

(a) for a first offence—the period specified in Column 2 of Schedule1; or

(b) for a subsequent offence—the period specified in Column 3 of Schedule1—

ascertained by reference to the concentration of alcohol in the blood or breath of the offender as specified in Column 1 of that Schedule.".

(2)Section 50(1AB) and (1AC) of the Principal Act are repealed.