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ROAD SAFETY (FURTHER AMENDMENT) BILL 2001

                 PARLIAMENT OF VICTORIA

        Road Safety (Further Amendment) Act 2001
                                  Act No.


                        TABLE OF PROVISIONS
Clause                                                                 Page
  1.     Purpose                                                          1
  2.     Commencement                                                     2
  3.     Principal Act                                                    3
  4.     Purposes of Principal Act                                        3
  5.     Definitions                                                      3
  6.     New sections 3AA and 3AB inserted                                4
         3AA. Circumstances in which person is to be taken to be in
                  charge of a motor vehicle                                4
         3AB. Circumstances in which person is to be taken to be
                  driving a motor vehicle                                  5
  7.     Functions and powers of Corporation                               5
  8.     Registration and renewal of registration                          6
  9.     Seizure of number plates                                          6
  10.    New Division 3 inserted in Part 2                                 7
         Division 3--Written-off Vehicles                                  7
         16A.     Purposes of Division                                     7
         16B.     Definitions                                              8
         16C.     When is a vehicle written off?                          12
         16D.     Register of written-off vehicles                        13
         16E.     Appeals regarding written-off vehicle registration      13
         16F.     Prohibition on registration of vehicles that have
                  written-off vehicle identifiers                         14
  11.    Learner permits                                                  15
  12.    Demerit points for certain drink-driving offences                16
  13.    Circumstances in which a person is in charge of a motor
         vehicle for the purposes of Part 5                               17
  14.    Restriction on exercise of court discretion not to cancel a
         licence or permit                                                17
  15.    Application for re-licensing                                     17
  16.    Breath analysis                                                  18
  17.    General duty of person in charge of motor vehicle                18
  18.    Holder of number plates to be taken to be vehicle owner for
         certain purposes                                                 19
  19.    Offences to be detected by photographic devices                  23




                                      i
541239B.A1-23/11/2001                              BILL LA AS SENT 23/11/2001

 


 

Clause Page 20. New section 81 substituted 23 81. Certain matters indicated by speed cameras are sufficient evidence 23 21. Evidence of testing and sealing 24 22. New section 83A inserted 24 83A. Evidence relating to prescribed detection devices 24 23. General evidentiary provisions 25 24. Payment of penalty 27 25. Cancellation of licence or permit for drink-driving infringements 28 26. Disclosure of information 28 27. Application of A.C.T. charges 29 28. New section 103A inserted 29 103A. Transitional provisions--Road Safety (Further Amendment) Act 2001 29 29. Subject-matter for regulations 30 30. Amendment of Chattel Securities Act 1987 31 31. Amendment of Magistrates' Court Act 1989 32 32. Amendment of Melbourne City Link Act 1995 32 33. Amendment of Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 35 34. Statute law revision 36 ENDNOTES 37 ii 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 31 October 2001 As amended by Assembly 22 November 2001 A BILL to make miscellaneous amendments to the Road Safety Act 1986, to amend the Chattel Securities Act 1987, the Magistrates' Court Act 1989, the Road Safety (Drivers) Act 1991, the Road Safety (Further Amendment) Act 1991, the Melbourne City Link Act 1995 and the Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 and for other purposes. Road Safety (Further Amendment) Act 2001 The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Road Safety Act 1986 so as to-- 1 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 2 Act No. (a) provide for the establishment of a register of written-off vehicles; (b) make changes to the penalties for drink- driving offences; 5 (c) enable a breath sample to be furnished for analysis in any place or vehicle; (d) define circumstances in which a person is to be taken to be in charge of, or driving, a motor vehicle and impose new duties on the 10 person in charge; (e) provide for the seizure of number plates in certain circumstances; (f) make other miscellaneous amendments to that Act. 15 2. Commencement (1) Sections 1, 3, 13(4), 27, 33, 34 and this section come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining 20 provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 July 2002, it comes into operation on that day. 2 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 3 Act No. 3. Principal Act See: In this Act, the Road Safety Act 1986 is called Act No. the Principal Act. 127/1986. Reprint No. 6 as at 1 December 2000 and amending Act Nos 19/1991, 89/1991, 79/2000, 4/2001, 23/2001 and 54/2001. LawToday: www.dms. dpc.vic. gov.au 4. Purposes of Principal Act 5 In section 1 of the Principal Act, after paragraph (b) insert-- "(c) to prevent the rebirthing of stolen vehicles; and". 5. Definitions 10 (1) In section 3(1) of the Principal Act insert the following definitions-- ' "accompanying licensed driver" means a person, other than a commercial driving instructor acting as such, who is sitting 15 beside a person, who is driving a motor vehicle for which that person does not hold an appropriate driver licence, for the purpose of enabling that person lawfully to drive that motor vehicle on a highway; 20 "commercial driving instructor" means a person who, for financial gain or in the course of any trade or business, is teaching a person, who is driving a motor vehicle of a kind described in section 33(3), for which 3 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 6 Act No. that person does not hold an appropriate driver licence, to drive that motor vehicle on a highway;'. (2) In section 3(1) of the Principal Act, in the 5 definition of "accompanying driver offence" for "48(1AAA)" substitute "3AA(1)(d)". (3) In section 3(1) of the Principal Act insert the following definitions-- ' "register of written-off vehicles" means the 10 register of written-off vehicles required by section 16D; "written-off vehicle" has the meaning given in section 16B.'. 6. New sections 3AA and 3AB inserted 15 After section 3 of the Principal Act insert-- "3AA. Circumstances in which person is to be taken to be in charge of a motor vehicle (1) Without limiting the circumstances in which a person is in charge of a motor vehicle, the 20 following persons are to be taken to be in charge of a motor vehicle for the purposes of this Act-- (a) a person who is attempting to start or drive the motor vehicle; 25 (b) a person with respect to whom there are reasonable grounds for the belief that he or she intends to start or drive the motor vehicle; (c) a commercial driving instructor while 30 the person whom he or she is teaching to drive is driving or in charge of the vehicle; 4 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 7 Act No. (d) an accompanying licensed driver while the person whom he or she is sitting beside is driving or in charge of the vehicle. 5 (2) Sub-section (1)(c) or (d) does not affect any liability of the person being taught or accompanied for any offence committed by that person while driving or being in charge of the motor vehicle. 10 3AB. Circumstances in which person is to be taken to be driving a motor vehicle Without limiting the circumstances in which a person is driving a motor vehicle, a person who is steering a motor vehicle which is 15 being towed by another motor vehicle is to be taken to be driving the towed motor vehicle for the purposes of this Act, whether or not the towed motor vehicle has any other means of propulsion and whether or not the 20 person steering it has any control over its means of propulsion.". 7. Functions and powers of Corporation In the Principal Act-- (a) in section 5AA, after paragraph (b) insert-- 25 "(ba) to maintain a register of written-off vehicles in accordance with the regulations; and"; (b) in section 5AB(1), after paragraph (f) insert-- 30 "(fa) enter or refuse to enter a vehicle on the register of written-off vehicles; and (fb) amend or refuse to amend an entry on the register of written-off vehicles; and 5 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 8 Act No. (fc) remove or refuse to remove an entry from the register of written-off vehicles; and"; (c) in section 5AB(1)(g), after "fees" insert 5 "(including fees in relation to the register of written-off vehicles)"; (d) in section 5AB(1), for paragraph (k) substitute-- "(k) fix fees for services provided by the 10 Corporation in connection with-- (i) the registration, or the late renewal of registration, of motor vehicles or trailers; (ii) the issue of number plates, 15 permits, tester's licences and certificates of roadworthiness; (iii) the entry of vehicles on the register of written-off vehicles, the amendment, removal and 20 inspection of entries and the issuing of certificates in relation to information from the register; and". 8. Registration and renewal of registration 25 At the foot of section 9(1) of the Principal Act insert-- "Note: Section 16F contains prohibitions on registration and renewal of registration in respect of written-off vehicles.". 30 9. Seizure of number plates In section 16 of the Principal Act, after sub- section (1) insert-- "(1A) A member of the police force, or an officer of the Corporation authorised by the 6 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 10 Act No. Corporation for the purposes of this sub- section, may take possession of any number plate displayed on a motor vehicle or trailer which the member has reasonable grounds 5 for suspecting-- (a) does not bear the registration number last assigned to that motor vehicle or trailer by the Corporation; or (b) is displayed on a motor vehicle or 10 trailer-- (i) that is not registered under Part 2 or exempted from registration under the regulations; and (ii) in relation to which the period 15 during which the registration of the vehicle may be renewed in accordance with the regulations has expired-- and may return it to the Corporation or retain 20 it until the member is satisfied that circumstances exist that allow it to be used without being subject to being taken possession of under this sub-section.". 10. New Division 3 inserted in Part 2 25 After Division 2 of Part 2 of the Principal Act insert-- 'Division 3--Written-off Vehicles 16A. Purposes of Division The purposes of this Division are-- 30 (a) to curtail trade in stolen motor vehicles by preventing vehicle information about written-off vehicles, particularly 7 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 10 Act No. vehicle identifiers, being used to register stolen motor vehicles; (b) to facilitate inspections of written-off vehicles that have been repaired; 5 (c) to make information available to prospective purchasers about whether a motor vehicle has previously been written off. 16B. Definitions 10 In this Division-- "insurer" means a person who carries on the business of insuring motor vehicles and includes any other person, or class of person, declared to be an insurer by 15 the regulations; "interstate written-off vehicles register" means a register kept under a law of another State or of a Territory that corresponds to the register required by 20 section 16D; "late model vehicle" means a motor vehicle that is not more than 15 years old (age being determined by the date of manufacture); 25 "motor wrecker" means a person who carries on the business of-- (a) demolishing or dismantling motor vehicles or parts of, or accessories for, motor vehicles; or 30 (b) buying motor vehicles and substantially demolished or dismantled motor vehicles and selling substantially demolished or 8 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 10 Act No. dismantled motor vehicles (whether or not the person also sells parts of, or accessories for, motor vehicles); 5 "repairable write-off" means a motor vehicle that is written off but is not a statutory write-off; "self-insurer" means a corporation or partnership that owns 5 or more late 10 model vehicles-- (a) that are registered under Division 2 for use on a highway or registered for use on a highway by a registration authority in another 15 State or a Territory; and (b) in respect of which there is no insurance policy with an insurer covering loss or damage of each vehicle; 20 "statutory write-off" means a motor vehicle that is written off and is-- (a) a motor vehicle (other than a motor cycle) that has been damaged by at least 3 of the 25 following impact damage indicators-- (i) damage to an area of the roof equal to or exceeding 300 millimetres by 30 300 millimetres; or (ii) damage to an area of the cabin floor pan equal to or exceeding 300 millimetres by 300 millimetres; or 9 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 10 Act No. (iii) damage to an area of the firewall equal to or exceeding 300 millimetres by 300 millimetres; or 5 (iv) any damage to the suspension; or (v) damage (cracked or broken) to major mechanical components such as the 10 engine block and transmission casings; or (b) a motor cycle that has impact damage (excluding scratching) to the suspension and at least 2 areas 15 of structural frame damage; or (c) a motor vehicle (other than a motor cycle) that has been-- (i) immersed in salt water above the doorsill level for any 20 period; or (ii) immersed in fresh water up to the dashboard or steering wheel for more than 48 hours; or 25 (d) a motor cycle that has been-- (i) fully immersed in salt water for any period; or (ii) fully immersed in fresh water for more than 48 30 hours; or (e) a motor vehicle that has been burnt to such an extent that it is only fit for wrecking or scrap; or 10 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 10 Act No. (f) a motor vehicle that has been stripped of all, or a combination of most, interior and exterior body parts, panels and components; 5 Examples Examples of interior and exterior body parts, panels and components of a motor vehicle are the engine, wheels, bonnet, guards, doors and boot lid. 10 "vehicle identifier", in relation to a motor vehicle, means-- (a) in the case of a motor vehicle manufactured before 1 January 1989, the number quoted on the 15 compliance plate that uniquely identifies the vehicle and sets it apart from similar vehicles and that corresponds to the identification number of the 20 vehicle that is permanently recorded elsewhere on the vehicle; or (b) in any other case, the vehicle identification number (or "VIN") 25 marked on the motor vehicle in accordance with clause 58 of Schedule 8 to the Road Safety (Vehicles) Regulations 1999 or in accordance with a law of another 30 State or a Territory that corresponds with that clause; "written-off vehicle" means-- (a) a statutory write-off; or 11 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 10 Act No. (b) a repairable write-off. 16C. When is a vehicle written off? (1) For the purposes of this Division, a motor vehicle is written off if-- 5 (a) the vehicle has been damaged by collision, fire, flood, accident, trespass or other event or circumstances; and (b) the insurer or self-insurer of the vehicle or, if there is no insurer or self-insurer, 10 the registered operator of the vehicle makes a determination that the extent of the damage is such that the vehicle's fair salvage value plus the cost of repairing it for use on a road or road 15 related area would be more than its fair market value immediately before the event or circumstances that caused the damage. (2) An insurer of a vehicle referred to in sub- 20 section (1)(a) is taken to have made a determination under sub-section (1)(b) if the insurer-- (a) allows a claim for the full insured value of the vehicle; or 25 (b) disposes of the vehicle to a third party. (3) A self-insurer of a vehicle referred to in sub- section (1)(a) is taken to have made a determination under sub-section (1)(b) if the self-insurer disposes of the vehicle to a third 30 party. (4) A registered operator of a vehicle referred to in sub-section (1)(a) is taken to have made a determination under sub-section (1)(b) if the 12 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 10 Act No. registered operator disposes of the vehicle to a motor wrecker. (5) Nothing in sub-section (2), (3) or (4) limits the circumstances in which an insurer, self- 5 insurer or registered operator may be taken to have made a determination referred to in sub-section (1)(b). 16D. Register of written-off vehicles (1) The Corporation must maintain a register of 10 written-off vehicles in accordance with the regulations. (2) Entries on the register of written-off vehicles may be made, amended and removed only in accordance with the regulations. 15 (3) The Corporation must ensure that a person who notifies the Corporation of a written-off vehicle, or who applies for an entry on the register of written-off vehicles to be amended or removed, is informed at the time 20 of notification or application (as the case requires) that any information given or document submitted in connection with the notification or application, or a copy of such a document, may be disclosed or used for 25 investigation, law enforcement and other purposes in accordance with section 92. 16E. Appeals regarding written-off vehicle registration (1) If the Corporation decides to-- 30 (a) refuse to enter a vehicle on the register of written-off vehicles; or (b) refuse to amend an entry on the register of written-off vehicles; or 13 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 10 Act No. (c) refuse to remove an entry from the register of written-off vehicles-- a person referred to in sub-section (2) may appeal against that decision to the 5 Magistrates' Court in accordance with the regulations. (2) An appeal may be made under sub-section (1) by-- (a) the owner of the vehicle; or 10 (b) a person who notified the Corporation that the vehicle was a written-off vehicle; or (c) a person who applied for the entry to be amended or removed. 15 (3) On an appeal under sub-section (1), the court must-- (a) re-determine the matter of the refusal; and (b) hear any relevant evidence tendered by 20 the appellant and the Corporation; and (c) without limiting its discretion, take into consideration anything that the Corporation ought to have considered. (4) The Corporation must give effect to the 25 decision of the Magistrates' Court on an appeal. 16F. Prohibition on registration of vehicles that have written-off vehicle identifiers (1) The Corporation must not register, or renew 30 the registration of, a vehicle under Division 2 if its vehicle identifier is the same as the vehicle identifier of a vehicle that is entered 14 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 10 Act No. on the register of written-off vehicles as a statutory write-off. (2) The Corporation must not register, or renew the registration of, a vehicle under Division 2 5 if-- (a) its vehicle identifier is the same as the vehicle identifier of a vehicle that is entered on an interstate written-off vehicles register as a statutory write- 10 off; and (b) the Corporation knows of the entry on the interstate register. (3) The Corporation must not register, or renew the registration of, a vehicle under Division 2 15 if its vehicle identifier is the same as the vehicle identifier of a vehicle that is entered on the register of written-off vehicles as a repairable write-off except as permitted by the regulations. 20 (4) The Corporation must not register, or renew the registration of, a vehicle under Division 2 if-- (a) its vehicle identifier is the same as the vehicle identifier of a vehicle that is 25 entered on an interstate written-off vehicles register as a repairable write- off; and (b) the Corporation knows of the entry on the interstate register-- 30 except as permitted by the regulations.'. 11. Learner permits 15 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 11 Act No. In section 22(2)(a) of the Principal Act, for "17 years and 9 months" substitute "18 years". 12. Demerit points for certain drink-driving offences In section 25 of the Principal Act, after 5 sub-section (2) insert-- "(2A) Without limiting sub-section (2), the Corporation must, in respect of the day on which the offence is alleged to have been committed, record 10 demerit points against 10 a person-- (a) who is found guilty of an offence under section 49(1)(b), (f) or (g) but the court does not record a conviction and, in accordance with section 50(1AB), does 15 not cancel the person's driver licence or permit; or (b) who is convicted or found guilty of an offence under section 49(1)(b), (f) or (g) in circumstances in which 20 section 50(1) applies and the court does not cancel the person's driver licence or permit; or (c) to whom a traffic infringement notice has been issued in respect of a drink- 25 driving infringement if-- (i) no notice of objection to the infringement notice has been given and the 28 day period referred to in section 89C has 30 expired; and (ii) the person's driver licence or permit is not cancelled by force of section 89C(1). (2B) Nothing in sub-section (2A) prevents 35 regulations being made under a power 16 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 13 Act No. conferred by this Act that make provision to the same effect as that sub-section.". 13. Circumstances in which a person is in charge of a motor vehicle for the purposes of Part 5 5 (1) In section 28(5) of the Principal Act, after "charge" insert "(within the meaning of Part 5)". (2) In section 48(1)(b) of the Principal Act, for "attempting to start or drive the motor vehicle or unless there are reasonable grounds for the belief 10 that that person intends to start or drive the motor vehicle" substitute "a person to whom section 3AA(1)(a), (b), (c) or (d) applies". (3) In section 48 of the Principal Act, sub-sections (1AA), (1AAA) and (1AB) are repealed. See: 15 (4) In section 16(1) of the Road Safety (Further Act No. Amendment) Act 1991, in proposed 89/1991 and section 89C(1A) of the Road Safety Act 1986, amending after "charge" insert "(within the meaning of Act No. 23/2001. Part 5)". 20 14. Restriction on exercise of court discretion not to cancel a licence or permit In section 50(1AB)(b) of the Principal Act, for "0·10" substitute "0·07". 15. Application for re-licensing 25 (1) In section 50(4) of the Principal Act-- (a) for "to the Chief Commissioner of Police and a registrar of the court" substitute "and of the venue of the Court at which it is to be made to the Chief Commissioner of Police 30 and the appropriate registrar of the Court"; (b) for "venue of the Magistrates' Court ascertained in accordance with the regulations" substitute "Magistrates' Court". 17 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 16 Act No. 16. Breath analysis (1) In section 55(1) and (2) of the Principal Act, for "a police station or other place" substitute "a place or vehicle". 5 (2) At the foot of section 55(1) and (2) of the Principal Act insert-- "Example A person may be required to go to a police station, a public building, a booze bus or a police car to furnish a sample of 10 breath.". 17. General duty of person in charge of motor vehicle (1) In section 59(1) of the Principal Act, after "driver" (where first occurring) insert "or person in charge". 15 (2) In section 59(1)(d) of the Principal Act, after "driver" insert "or person in charge of the motor vehicle". (3) In section 59(4) of the Principal Act-- (a) after "driver" (where first occurring) insert 20 "or person in charge of a motor vehicle"; (b) in paragraph (b), after "driver" insert "or person in charge". (4) In section 59(5) of the Principal Act, after "driving" insert "or in charge of". 25 (5) In section 59(6) of the Principal Act-- (a) after "driver" (where first occurring) insert "or person in charge of a motor vehicle"; (b) after "driver" (where secondly occurring) insert "or person in charge". 30 (6) In section 59(7) of the Principal Act, after "driver" insert "or person in charge of the motor vehicle". (7) In section 59(8) of the Principal Act-- 18 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 18 Act No. (a) after "driver" (where first occurring) insert "or person in charge of a motor vehicle"; (b) in paragraph (a), after "driver" insert "or person in charge". 5 18. Holder of number plates to be taken to be vehicle owner for certain purposes (1) In section 60 of the Principal Act, for sub- section (3) substitute-- "(3) For the purposes of this section "owner" 10 means-- (a) the owner or the person in whose name the motor vehicle was registered at the time when the vehicle was being driven by the person about whom the 15 information is sought or at the time when the requirement is made; or (b) any person who had possession or control of the vehicle at either of those times; or 20 (c) if the motor vehicle displayed a number plate at either of those times-- (i) the person who, at the time at which the registration number borne by that number plate was 25 last assigned by the Corporation or the corresponding body under a corresponding Act, was the person in whose name the motor vehicle, to which that registration number 30 was assigned, was registered under this Act or a corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth, whether or not 35 that motor vehicle is the same as 19 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 18 Act No. the motor vehicle about which information is sought; or (ii) the person whose name is disclosed in the records kept by 5 the Corporation or the corresponding body under a corresponding Act as being entitled, or last entitled, to use or possess that number plate at the 10 time when the vehicle was being driven by the person about whom the information is sought or at the time when the requirement is made.". 15 (2) In section 60A of the Principal Act, for sub-section (3) substitute-- "(3) For the purposes of this section "owner" means-- (a) the owner or the person in whose name 20 the trailer was registered at the time when the trailer was attached to the motor vehicle that was being driven by the person about whom the information is sought or at the time when the 25 requirement is made; or (b) any person who had possession or control of the trailer at either of those times; or (c) if the trailer displayed a number plate at 30 either of those times-- (i) the person who, at the time at which the registration number borne by that number plate was last assigned by the Corporation 35 or the corresponding body under a 20 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 18 Act No. corresponding Act, was the person in whose name the trailer, to which that registration number was assigned, was registered 5 under this Act or a corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth, whether or not that trailer is the same as the 10 trailer about which information is sought; or (ii) the person whose name is disclosed in the records kept by the Corporation or the 15 corresponding body under a corresponding Act as being entitled, or last entitled, to use or possess that number plate at the time when the trailer was attached 20 to the motor vehicle that was being driven by the person about whom the information is sought or at the time when the requirement is made.". 25 (3) In section 66(1) of the Principal Act, after "stolen motor vehicle" insert "or that the number plates displayed on the motor vehicle were stolen". (4) In section 66(5) of the Principal Act, after paragraph (c) insert-- 30 "(ca) if the motor vehicle displays a number plate-- (i) the person who, at the time at which the registration number borne by that number plate was last assigned by the 35 Corporation or the corresponding body under a corresponding Act, was the 21 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 18 Act No. person in whose name the motor vehicle, to which that registration number was assigned, was registered under this Act or a corresponding Act 5 of the Commonwealth or of another State or Territory of the Commonwealth, whether or not that motor vehicle is the same as the motor vehicle involved in the offence; or 10 (ii) the person whose name is disclosed in the records kept by the Corporation or the corresponding body under a corresponding Act as being entitled, or last entitled, to use or possess that 15 number plate at the time of the offence; or". (5) In section 85 of the Principal Act, in the definition of "owner", after paragraph (c) insert-- "(ca) if the motor vehicle displays a number 20 plate-- (i) the person who, at the time at which the registration number borne by that number plate was last assigned by the Corporation or the corresponding body 25 under a corresponding Act, was the person in whose name the motor vehicle, to which that registration number was assigned, was registered under this Act or a corresponding Act 30 of the Commonwealth or of another State or Territory of the Commonwealth, whether or not that motor vehicle is the same as the motor vehicle involved in the offence; or 35 (ii) the person whose name is disclosed in the records kept by the Corporation or 22 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 19 Act No. the corresponding body under a corresponding Act as being entitled, or last entitled, to use or possess that number plate at the time of the offence; 5 or". (6) In section 86(1) of the Principal Act, after "stolen vehicle" insert "or that the number plates displayed on the vehicle were stolen". 19. Offences to be detected by photographic devices 10 In section 66 of the Principal Act, after sub-section (2) insert-- "(2A) Despite anything to the contrary in sub- section (2), the payment of a penalty or the recording of demerit points in respect of a 15 prescribed offence-- (a) may be recorded for the purposes of a heavy vehicle registration suspension scheme within the meaning of section 89(7); and 20 (b) does not prevent the suspension of the registration of a heavy vehicle under that scheme.". 20. New section 81 substituted For section 81 of the Principal Act substitute-- 25 "81. Certain matters indicated by speed cameras are sufficient evidence (1) If in proceedings for an offence to which section 66 applies the speed at which a motor vehicle travelled on any occasion is relevant, 30 evidence of the speed of the motor vehicle as indicated or determined on that occasion by-- (a) a detection device prescribed for the purposes of section 66 when tested, 23 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 21 Act No. sealed and used in the prescribed manner; or (b) an image or message produced by a detection device prescribed for the 5 purposes of section 66 when tested, sealed and used in the prescribed manner; or (c) an image or message produced by a prescribed process when used in the 10 prescribed manner-- is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of the motor vehicle on that occasion. 15 (2) If in proceedings for an offence to which section 66 applies the speed limit at the time and place at which a motor vehicle travelled on any occasion is relevant, evidence of the speed limit at that time and place as 20 indicated or determined on that occasion by an image or message produced by a prescribed process when used in the prescribed manner is, without prejudice to any other mode of proof and in the absence 25 of evidence to the contrary, proof of the speed limit on that occasion.". 21. Evidence of testing and sealing In section 83 of the Principal Act, omit ", 81". 22. New section 83A inserted 30 After section 83 of the Principal Act insert-- '83A. Evidence relating to prescribed detection devices 24 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 22 Act No. (1) A certificate in the prescribed form purporting to be issued by an authorised person certifying-- (a) that a prescribed detection device for 5 the purposes of section 66 was tested, sealed or used in the prescribed manner; or (b) that an image or message described in the certificate was produced by a 10 detection device prescribed for the purposes of section 66 or by a prescribed process; or (c) as to any other matter that appears in, or that can be determined from, the 15 records kept in relation to the detection device or the prescribed process by the police force of Victoria-- is admissible in evidence in any proceedings and, in the absence of evidence to the 20 contrary, is proof of the matters stated in the certificate. (2) In this section "authorised person" means a person authorised for the purposes of this section by the Chief Commissioner of 25 Police.'. 23. General evidentiary provisions (1) In section 84(1) of the Principal Act, after "Department of Infrastructure (where first occurring) insert "or an authorised person". 30 (2) In section 84(2) of the Principal Act, after paragraph (a) insert-- "(ab) the registration number assigned to a motor vehicle or trailer; or 25 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 23 Act No. (ac) the person who is entitled to use or possess a number plate bearing a particular registration number; or". (3) In section 84 of the Principal Act, after 5 sub-section (4) insert-- "(4A) A certificate containing the prescribed particulars purporting to be issued by the Corporation or the Department of Infrastructure or an authorised person 10 certifying that on a particular date-- (a) a particular registration number was assigned to a particular motor vehicle or trailer; or (b) a particular person was entitled to use 15 or possess a number plate bearing a particular registration number-- is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that on that date that 20 registration number was assigned to that motor vehicle or trailer or that person was entitled to use or possess that number plate, as the case requires. (4B) A certificate or document which purports to 25 have been issued under any Act of the Commonwealth or of another State or Territory of the Commonwealth corresponding to this Act certifying that on a particular date-- 30 (a) a particular registration number was assigned under the corresponding Act to a particular motor vehicle or trailer; or (b) a particular person was entitled under 35 the corresponding Act to use or possess 26 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 23 Act No. a number plate bearing a particular registration number-- is admissible in evidence in any proceedings and, in the absence of evidence to the 5 contrary, is proof that on that date that registration number was assigned to that motor vehicle or trailer or that person was entitled to use or possess that number plate, as the case requires.". 10 (4) In section 84(7) of the Principal Act, after paragraph (c) insert-- "(ca) a number plate bearing a registration number displayed on a motor vehicle involved in the offence is, in the absence of evidence to the 15 contrary, proof that the motor vehicle involved in the offence was the motor vehicle to which that registration number was assigned at the date and time of the offence; or". 20 (5) In section 84 of the Principal Act, after sub-section (7) insert-- '(8) In this section-- "authorised person" means a person who is authorised or who is the holder of a 25 position authorised for the purposes of this section by the Corporation.'. 24. Payment of penalty In section 89 of the Principal Act, after sub-section (5) insert-- 30 "(6) Despite anything to the contrary in this section, the fact that payment of a penalty was made or a conviction was imposed by 27 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 24 Act No. the court in respect of an infringement for which an infringement notice was served-- (a) may be recorded for the purposes of a heavy vehicle registration suspension 5 scheme; and (b) does not prevent the suspension of the registration of a heavy vehicle under that scheme. (7) In sub-section (6) a heavy vehicle 10 registration suspension scheme is a scheme established under the regulations permitting the suspension of the registration of heavy vehicles for speeding offences and includes any corresponding scheme established under 15 the Interstate Road Transport Act 1985 of the Commonwealth or under an Act of another State or Territory.". 25. Cancellation of licence or permit for drink-driving infringements 20 In section 89C(1) of the Principal Act, for paragraph (a) substitute-- "(a) the blood alcohol concentration specified in the notice is-- (i) 0·05 grams per 100 millilitres of blood 25 or more, if section 52 applies to the person; or (ii) 0·07 grams per 100 millilitres of blood or more, in any other case; and". 26. Disclosure of information 30 In section 92 of the Principal Act, after sub- section (2) insert-- "(2A) Sub-section (2) does not prevent the disclosure or use of the following information-- 28 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 26 Act No. (a) the fact that a vehicle is or has been entered on the register of written-off vehicles; (b) the date on which, or the period during 5 which, a vehicle was entered on the register of written-off vehicles; (c) any information entered in, or derived from, the register of written-off vehicles that relates to the nature or 10 extent of damage to any vehicle; (d) any other information entered in, or derived from, the register of written-off vehicles that is of a kind prescribed by the regulations.". 15 27. Application of A.C.T. charges In section 95A(2) of the Principal Act-- (a) in paragraph (a), omit "(except Division 3)"; (b) paragraph (b) is repealed; (c) in paragraph (c), for "referred to in 20 section 2(b) of the Commonwealth Act" substitute "to which section 2(2) of the Commonwealth Act applies". 28. New section 103A inserted After section 103 of the Principal Act insert-- 25 "103A. Transitional provisions--Road Safety (Further Amendment) Act 2001 (1) The amendment of section 22(2)(a) made by section 11 of the Road Safety (Further 29 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 28 Act No. Amendment) Act 2001 has effect only with respect to learner permits granted after the commencement of that section of that Act. (2) The amendment of section 50(1AB)(b) made 5 by section 14 of the Road Safety (Further Amendment) Act 2001 applies only to offences alleged to have been committed on or after the commencement of that section of that Act. 10 (3) For the purposes of sub-section (2), if an offence is alleged to have been committed between two dates, one before and one after the commencement of section 14 of the Road Safety (Further Amendment) Act 15 2001, the offence is alleged to have been committed before the commencement of that section. (4) The amendment of section 89C(1) made by section 25 of the Road Safety (Further 20 Amendment) Act 2001 applies to any traffic infringement notice issued in respect of a drink-driving infringement on or after the commencement of that section of that Act, irrespective of when the infringement was 25 committed.". 29. Subject-matter for regulations (1) In Schedule 2 to the Principal Act-- (a) in item 12, after "trailers" insert "and requiring the Corporation to be notified of 30 written-off vehicles"; 30 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 29 Act No. (b) in item 13, after "trailers" insert "or of written-off vehicles"; (2) In Schedule 2 to the Principal Act, after item 16B insert-- 5 "16C. Requirements to be complied with before a vehicle may be entered on the register of written-off vehicles and procedures for making or refusing to make entries on that register. 16D. Requirements to be complied with before an 10 amendment may be made to the register of written-off vehicles and procedures for amending or refusing to amend that register. 16E. Requirements to be complied with before an entry may be removed from the register of written-off 15 vehicles and procedures for removing or refusing to remove an entry from that register. 16F. The placing or affixing of labels, notices or other marks on written-off vehicles, the requirements to be complied with in relation to displaying or affixing 20 those labels, notices or marks and their removal.". (3) In Schedule 2 to the Principal Act, after item 39A insert-- "39B. Requiring the fitting and use of devices to limit the speed of a specified class of heavy vehicles. 25 39C. Requiring an owner of a heavy vehicle required to be fitted with a speed limiting device to demonstrate that the device is operating properly.". 30. Amendment of Chattel Securities Act 1987 31 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 30 Act No. In section 13(1)(a) and (b) of the Chattel See: Act No. Securities Act 1987, after "that Act" insert "or 15/1987. that are written-off vehicles within the meaning of Reprint No. 2 that Act". as at 1 July 1999 and amending Act Nos 99/2000 and 44/2001. LawToday: www.dms. dpc.vic. gov.au 5 31. Amendment of Magistrates' Court Act 1989 See: In Schedule 7 to the Magistrates' Court Act Act No. 1989, after clause 9(2) insert-- 51/1989. Reprint No. 7 "(3) Despite anything to the contrary in this clause, the as at making of an enforcement order in relation to an 1 June 2001 10 and offence which is a traffic infringement within the amending meaning of the Road Safety Act 1986 does not Act Nos prevent the incurring of demerit points under 92/2000, section 25 of that Act in relation to that infringement. 99/2000, 32/2001, (4) Despite anything to the contrary in this clause, the 44/2001 and 15 45/2001. making of an enforcement order-- LawToday: (a) may be recorded for the purposes of a heavy www.dms. dpc.vic. vehicle registration suspension scheme within gov.au the meaning of section 89(7) of the Road Safety Act 1986; and 20 (b) does not prevent the suspension of the registration of a vehicle under that scheme.". 32. Amendment of Melbourne City Link Act 1995 32 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 32 Act No. (1) In section 69 of the Melbourne City Link Act See: Act No. 1995, in the definition of "owner", after 107/1995. paragraph (c) insert-- Reprint No. 3 as at "(ca) if the vehicle displays a number plate-- 1 July 1999 and 5 (i) the person who, at the time at which the amending Act Nos registration number borne by that 4/2000, number plate was last assigned by the 69/2000, 74/2000, Roads Corporation or the 81/2000, corresponding body under a 32/2001 and 54/2001. 10 corresponding Act, was the person in LawToday: whose name the motor vehicle, to www.dms. dpc.vic. which that registration number was gov.au assigned, was registered under the Road Safety Act 1986 or a 15 corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth, whether or not that vehicle is the same as the vehicle involved in the offence; 20 or (ii) the person whose name is disclosed in the records kept by the Roads Corporation or the corresponding body under a corresponding Act as being 25 entitled, or last entitled, to use or possess that number plate at the time of the offence; or". (2) In section 72(3) of the Melbourne City Link Act 1995, at the end of paragraph (b) insert-- 30 "; or (c) a statement that the number plates displayed on the vehicle at the relevant time were stolen.". 33 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 32 Act No. (3) In section 87(1) of the Melbourne City Link Act 1995, after "stolen vehicle" insert "or that the number plates displayed on the vehicle were stolen". 5 (4) In section 89(2) of the Melbourne City Link Act 1995, after "Department of Infrastructure" insert "or an authorised person". (5) In section 89 of the Melbourne City Link Act 1995, after sub-section (3) insert-- 10 "(3A) A certificate containing the prescribed particulars purporting to be issued by the Roads Corporation or the Department of Infrastructure or an authorised person certifying that on a particular date-- 15 (a) a particular registration number was assigned to a particular vehicle; or (b) a particular person was entitled, or last entitled, to use or possess a number plate bearing a particular registration 20 number-- is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that on that date that registration number was assigned to that 25 vehicle or that person was entitled, or last entitled, to use or possess that number plate, as the case requires. (3B) A certificate or document which purports to have been issued under any Act of the 30 Commonwealth or of another State or Territory of the Commonwealth corresponding to the Road Safety Act 1986 certifying that on a particular date-- 34 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 33 Act No. (a) a particular registration number was assigned under the corresponding Act to a particular vehicle; or (b) a particular person was entitled, or last 5 entitled, under the corresponding Act to use or possess a number plate bearing a particular registration number-- is admissible in evidence in any proceedings and, in the absence of evidence to the 10 contrary, is proof that on that date that registration number was assigned to that vehicle or that person was entitled, or last entitled, to use or possess that number plate, as the case requires.". 15 (6) In section 89 of the Melbourne City Link Act 1995, after sub-section (4) insert-- '(5) In this section-- "authorised person" means a person who is authorised or who is the holder of a 20 position authorised for the purposes of this section by the Roads Corporation.'. 33. Amendment of Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 See: For section 9(1) of the Road Safety (Alcohol and Act No. 25 Drugs Enforcement Measures) Act 2001 23/2001. Statute Book substitute-- www.dms. dpc.vic. '(1) In section 52 of the Road Safety Act 1986, gov.au after sub-section (1D) insert-- "(1E) Subject to sub-sections (1F) and (1G), 30 this section also applies during the period of 1 year from the issue of a driver licence which authorises the holder to drive a motor cycle, while the holder is driving or in charge of a motor 35 cycle, whether or not the holder also 35 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 s. 34 Act No. holds a driver licence which authorises him or her to drive another kind of motor vehicle. (1F) If the Corporation is satisfied that a 5 person has appropriate licensed motor cycle driving experience (wherever obtained), it may-- (a) waive the application to the person of sub-section (1E); or 10 (b) specify a shorter period than 1 year for the purposes of that sub-section. (1G) If a driver licence referred to in sub- section (1E) is suspended (whether by a 15 court or the Corporation) during the period of 1 year referred to in that sub- section (or the shorter period applying under sub-section (1F)), the period applying to the person for the purposes 20 of sub-section (1E) is extended by a period equal to the period of the suspension.'. 34. Statute law revision Act No. (1) In section 4(1) of the Road Safety (Drivers) Act 19/1991. 25 1991, paragraph (b) is repealed. (2) In section 57(1)(a)(ii) of the Principal Act, after "(4)" insert "or (4A), as the case requires". 36 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

Road Safety (Further Amendment) Act 2001 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 37 541239B.A1-23/11/2001 BILL LA AS SENT 23/11/2001

 


 

 


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