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This is a Bill, not an Act. For current law, see the Acts databases.


ROAD SAFETY AMENDMENT BILL 2012

                 PARLIAMENT OF VICTORIA

              Road Safety Amendment Bill 2012



                      TABLE OF PROVISIONS
Clause                                                                  Page

PART 1--PRELIMINARY                                                        1
  1      Purposes                                                          1
  2      Commencement                                                      2

PART 2--AMENDMENT OF ROAD SAFETY ACT 1986                                  3
  3      Definitions                                                       3
  4      New section 16BA inserted                                         4
         16BA Statutory write-offs                                         4
  5      New Part 6AB inserted                                             6
         PART 6AB--SAFE DRIVING PROGRAMS                                   6
         Division 1--Preliminary                                           6
         84BJ     Definitions                                              6
         84BK     Part does not affect other penalty                       8
         Division 2--Requirement to complete approved safe
         driving program                                                   8
         84BL Court order for completion of approved safe driving
              program                                                      8
         84BM Corporation to notify person of program and period
              for completion                                              10
         84BN Failure to complete approved safe driving program           10
         Division 3--Approval of safe driving programs and
         providers of safe driving programs                               12
         84BO     Corporation may approve safe driving programs           12
         84BP     Corporation may approve providers of safe driving
                  programs                                                12
         84BQ     Conditions etc. on approval of providers                13
         84BR     Cancellation or suspension of approval of provider      13
         84BS     Review by Tribunal                                      14




571186B.I-30/4/2012                     i      BILL LA INTRODUCTION 30/4/2012

 


 

Clause Page Division 4--Fee relating to approved safe driving program 14 84BT Payment of fee 14 84BU Approved provider to send fees to Corporation 15 84BV Corporation may determine fee 16 6 Definitions 16 7 Powers of Victoria Police 17 8 Surrender of motor vehicle 17 9 Power of persons authorised by Victoria Police 18 10 Content of notice 19 11 Offences 19 12 New sections 84PA and 84PB inserted 20 84PA Authorisation to move motor vehicle 20 84PB Relocation of immobilised motor vehicle by Victoria Police 20 13 How motor vehicle immobilised by steering wheel lock may be recovered 22 14 Sections 84S and 84T amended 23 15 Direction not to transfer registration or register motor vehicle 23 16 New section 84ZC substituted 23 84ZC Powers of police and authorised officers to enforce orders 23 17 Liability for costs of impoundment or immobilisation 24 18 Application for search and seizure warrant 25 19 Notice to be given of intention to sell or dispose 26 20 New sections 84ZQAB, 84ZQAC and 84ZQAD inserted 26 84ZQAB Sale or disposal of motor vehicles and items deemed to be abandoned 26 84ZQAC Notice to be given of intention to deem motor vehicle abandoned 29 84ZQAD Application for order that motor vehicle is not abandoned 31 21 Amendment of sections 84ZQB and 84ZQC 33 22 New section 84ZQD inserted 33 84ZQD Application of proceeds of sale 33 23 Notice to be given of intention to sell or dispose 34 24 New section 84ZRB inserted 34 84ZRB Application to register financing statement after giving notice of intention to sell motor vehicle subject to forfeiture order 34 25 Application of proceeds of sale 34 26 Notice to be given of intention to apply for disposal order 35 27 New section 103ZE inserted 35 103ZE Transitional provision--Road Safety Amendment Act 2012 35 571186B.I-30/4/2012 ii BILL LA INTRODUCTION 30/4/2012

 


 

Clause Page 28 New Schedule 6 inserted 36 SCHEDULE 6--Criteria for Classification of Statutory Write-Off--Light Motor Vehicles 36 1 Definitions 36 2 Application of Technical Guide 36 3 Prescribed structural areas 37 4 Statutory write-off 37 5 Excessive structural damage 38 6 Damage to the roof 39 7 Damage to the pillars 39 8 Damage to the floor pan 40 9 Damage to the firewall 40 10 Damage to the longitudinal structural rails or chassis 41 11 Damage to the suspension 41 12 Damage to mechanical components 42 13 Deployment or activation of supplementary restraints 42 14 Excessive fire damage 43 15 Excessive water damage 43 16 Excessive vehicle stripping damage 43 PART 3--STATUTE LAW REVISION 45 Division 1--Road Safety Act 1986 45 29 Substitution of references to Department of Infrastructure 45 Division 2--Road Management Act 2004 46 30 Infrastructure Reference Panel 46 31 Specified Roads 46 PART 4--REPEAL OF AMENDING ACT 47 32 Repeal of amending Act 47 ENDNOTES 48 571186B.I-30/4/2012 iii BILL LA INTRODUCTION 30/4/2012

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Road Safety Amendment Bill 2012 A Bill for an Act to amend the Road Safety Act 1986 and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The purposes of this Act are-- 5 (a) to amend the Road Safety Act 1986-- (i) to allow a court to order a person found guilty of certain driving offences to complete a safe driving program that has been approved by the Corporation 10 and that is provided by an approved provider; 571186B.I-30/4/2012 1 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 1--Preliminary s. 2 (ii) to provide further powers for the relocation or sale of vehicles that have been impounded or immobilised and to make other amendments to Part 6A of 5 that Act; (iii) to amend the definition of statutory write-off as it applies to light motor vehicles (other than motor cycles) to align that definition with criteria 10 developed nationally; (b) to make statute law revision amendments to the Road Safety Act 1986 and the Road Management Act 2004. 2 Commencement 15 (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 April 2013, it comes into operation on that day. 20 __________________ 571186B.I-30/4/2012 2 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 3 PART 2--AMENDMENT OF ROAD SAFETY ACT 1986 3 Definitions In section 16B of the Road Safety Act 1986-- See: Act No. 127/1986. (a) for the definition of repairable write-off Reprint No. 13 5 substitute-- as at 1 July 2011 "repairable write-off means a motor vehicle and amending that-- Act Nos 19/1991, (a) is written off but is not a statutory 93/2009, write-off; or 63/2010, 74/2010, 10 (b) is written off and is entered on an 32/2011, 34/2011, interstate written-off vehicles 38/2011, 43/2011, register in a corresponding 47/2011, category to repairable write-off 61/2011, 65/2011 and under this Division;"; 77/2011. LawToday: 15 (b) for the definition of statutory write-off www. substitute-- legislation. vic.gov.au "statutory write-off means a motor vehicle to which section 16BA applies;"; (c) insert the following definitions-- 20 "ATM means aggregate trailer mass; GTMR means gross trailer mass rating; light motor vehicle means a motor vehicle with an MRC not exceeding 4·5 tonnes but does not include a motor cycle; 25 MRC (mass rating for charging) in relation to a light motor vehicle, means-- (a) the maximum mass of the vehicle, including any load, recorded on the compliance plate as the GVM, 30 GTMR or ATM of the vehicle; or (b) if the vehicle has no compliance plate--its operating mass;". 571186B.I-30/4/2012 3 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 4 4 New section 16BA inserted After section 16B of the Road Safety Act 1986 insert-- "16BA Statutory write-offs 5 (1) A light motor vehicle is a statutory write-off if the light motor vehicle meets one or more of the criteria specified in clause 4 of Schedule 6. (2) A motor vehicle (other than a light motor 10 vehicle or a motor cycle) is a statutory write- off if the motor vehicle is written off and-- (a) has been damaged by at least 3 of the following impact damage indicators-- (i) damage to an area of the roof 15 equal to or exceeding 300 millimetres by 300 millimetres; or (ii) damage to an area of the cabin floor equal to or exceeding 20 300 millimetres by 300 millimetres; or (iii) damage to an area of the firewall equal to or exceeding 300 millimetres by 25 300 millimetres; or (iv) damage to the suspension; or (v) damage (cracked or broken) to major mechanical components such as the engine block and 30 transmission casings; or 571186B.I-30/4/2012 4 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 4 (b) has been-- (i) immersed in salt water above the doorsill level for any period; or (ii) immersed in fresh water up to the 5 dashboard or steering wheel for more than 48 hours. (3) A motor cycle is a statutory write-off if the motor cycle is written off and-- (a) has impact damage (excluding 10 scratching) to the suspension and at least 2 areas of structural frame damage; or (b) has been-- (i) fully immersed in salt water for 15 any period; or (ii) fully immersed in fresh water for more than 48 hours. (4) A motor vehicle (other than a light motor vehicle) is a statutory write-off if the motor 20 vehicle is written off and-- (a) has been burnt to such an extent that it is only fit for wrecking or scrap; or (b) has been stripped of all, or a combination of most, interior and 25 exterior body parts, panels and components. (5) A motor vehicle is a statutory write-off if the motor vehicle is written off and is entered on an interstate written-off vehicles register in a 30 corresponding category to statutory write-off under this Division.". 571186B.I-30/4/2012 5 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 5 5 New Part 6AB inserted After Part 6AA of the Road Safety Act 1986 insert-- "PART 6AB--SAFE DRIVING PROGRAMS 5 Division 1--Preliminary 84BJ Definitions (1) In this Part-- applicable offence means-- (a) an offence against section 64(1)-- 10 (i) in circumstances involving improper use of a motor vehicle; or (ii) in circumstances where a motor vehicle is driven at 15 45 kilometres per hour or more over the applicable speed limit; or (iii) in circumstances where a motor vehicle is driven, if 20 the applicable speed limit is 110 kilometres per hour, at a speed of 145 kilometres per hour or more; (b) an offence against section 65(1) in 25 circumstances involving improper use of a motor vehicle; (c) an offence against section 65A(1); (d) an offence against section 68(1) or (2); 571186B.I-30/4/2012 6 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 5 (e) an offence against section 65B or rule 20 of the Road Rules in circumstances where the motor vehicle is driven-- 5 (i) at 45 kilometres per hour or more over the applicable speed limit; or (ii) if the applicable speed limit is 110 kilometres per hour, at 10 a speed of 145 kilometres per hour or more; (f) an offence against rule 291 of the Road Rules in circumstances involving improper use of a motor 15 vehicle; (g) an offence against rule 297 of the Road Rules in circumstances involving improper use of a motor vehicle; 20 approved provider means a person or body approved under section 84BP; approved safe driving program means a program approved under section 84BO; court, in relation to an applicable offence, 25 means-- (a) the court hearing and determining the charge for the applicable offence; or (b) if an application for an exemption 30 under section 84BL(3) is made on a day after the determination of the charge for the applicable offence--the court hearing the application; 571186B.I-30/4/2012 7 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 5 improper use of a motor vehicle, in relation to an applicable offence, means the driving of a motor vehicle in a manner that intentionally causes the motor 5 vehicle to undergo loss of traction by one or more of its wheels; Road Rules means the Road Safety Road Rules 2009. (2) For the purposes of this Part, more than one 10 applicable offence arising out of the same set of circumstances are to be treated as a single applicable offence. (3) For the purposes of subsection (2), the same set of circumstances is constituted by one 15 continuous period during which a person continues to drive or be in charge of a motor vehicle. 84BK Part does not affect other penalty An order under this Part for completion of an 20 approved safe driving program is in addition to, and does not limit or otherwise affect, any other penalty that may be imposed in respect of an applicable offence. Division 2--Requirement to complete 25 approved safe driving program 84BL Court order for completion of approved safe driving program (1) Subject to subsections (2) and (3), the court must order that a person complete an 30 approved safe driving program if-- (a) the person is found guilty of an applicable offence; and 571186B.I-30/4/2012 8 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 5 (b) in relation to the offence-- (i) a motor vehicle has been impounded or immobilised by a member of the police force under 5 Division 2 of Part 6A; or (ii) a motor vehicle has been impounded, immobilised or forfeited under a court order made under Division 3 of Part 6A. 10 (2) The court must not order that a person complete an approved safe driving program if the person provides to the court written evidence of having already completed an approved safe driving program provided by 15 an approved provider. (3) In exceptional circumstances, the court may exempt a person from completing an approved safe driving program. (4) A person may apply to the court for an 20 exemption under subsection (3)-- (a) at the hearing of the charge for the applicable offence; or (b) at any time after the court has made an order under subsection (1). 25 (5) The court must notify the Corporation of-- (a) the making of an order under subsection (1); or (b) the granting of an exemption under subsection (3). 571186B.I-30/4/2012 9 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 5 84BM Corporation to notify person of program and period for completion If the court orders a person to complete an approved safe driving program under section 5 84BL(1), the Corporation must give notice to the person of-- (a) the approved safe driving program that the person is required to complete; and (b) the date (being not less than 1 month 10 after the date of the notice) by which the person must-- (i) complete the program; and (ii) provide to the Corporation written evidence of having completed the 15 program. 84BN Failure to complete approved safe driving program (1) If, by the date specified in a notice given by the Corporation under section 84BM-- 20 (a) the person to whom the notice is given has failed to provide to the Corporation written evidence that he or she has completed the approved safe driving program specified in the notice; and 25 (b) the court has not notified the Corporation of the granting of an exemption under section 84BL(3)-- the Corporation must take the appropriate action under subsection (2). 571186B.I-30/4/2012 10 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 5 (2) The Corporation must-- (a) suspend any driver licence or permit held by the person; or (b) if the driver licence or permit is already 5 suspended--further suspend the driver licence or permit from the date of expiry of the existing suspension; or (c) if the person does not hold a driver licence or permit--disqualify the 10 person from driving a motor vehicle on a road in Victoria and disqualify the person from obtaining a driver licence or permit. (3) A suspension, further suspension or 15 disqualification under subsection (2) remains in effect until the Corporation is satisfied that-- (a) the person has completed the approved safe driving program specified in the 20 notice; or (b) the person has been exempted by the court from completing the approved safe driving program. (4) If-- 25 (a) the Corporation has accepted written evidence of a person having completed an approved safe driving program; and (b) the Corporation becomes aware that the evidence is invalid, false or issued in 30 error-- the Corporation must take the appropriate action under subsection (2). 571186B.I-30/4/2012 11 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 5 Division 3--Approval of safe driving programs and providers of safe driving programs 84BO Corporation may approve safe driving programs 5 (1) The Corporation may approve, in writing, safe driving programs to be provided by approved providers to persons, or a specified class of persons, who are the subject of a court order under section 84BL(1). 10 (2) The Corporation may, in writing-- (a) cancel or suspend the approval of a safe driving program; or (b) vary the class of persons to whom an approved safe driving program is to be 15 provided. (3) The Corporation must not take action under subsection (2) unless it has allowed each approved provider that is approved to provide the approved safe driving program at 20 least 10 working days to make written representations about the proposed action. 84BP Corporation may approve providers of safe driving programs (1) The Corporation may approve, in writing, a 25 person or body to be a provider of safe driving programs for the purposes of this Part. (2) The Corporation may determine the process for approving providers and the requirements 30 an applicant must meet to be considered for approval. (3) An approval under subsection (1) must be in writing and state which approved safe driving programs the person or body is 35 approved to provide. 571186B.I-30/4/2012 12 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 5 84BQ Conditions etc. on approval of providers (1) An approval under section 84BP may be given subject to any specified condition, limitation or restriction that the Corporation 5 considers appropriate. (2) At any time, the Corporation may, by giving written notice to the person or body concerned-- (a) vary or revoke a condition, limitation or 10 restriction to which the approval is subject; or (b) make the approval subject to a new condition, limitation or restriction. (3) The Corporation must not take action under 15 subsection (2) unless it has allowed the person or body at least 10 working days to make written representations about the proposed action. 84BR Cancellation or suspension of approval of 20 provider (1) The Corporation may, by giving written notice to an approved provider, cancel or suspend the provider's approval under section 84BP if the Corporation is satisfied 25 that the provider-- (a) has failed to comply with any condition, limitation or restriction to which the approval is subject; or (b) has failed to provide a safe driving 30 program to the satisfaction of the Corporation. 571186B.I-30/4/2012 13 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 5 (2) The Corporation must not take action under subsection (1) unless it has allowed the approved provider at least 10 working days to make written representations about the 5 proposed action. 84BS Review by Tribunal (1) A person or body whose interests are affected by a decision of the Corporation under section 84BR to cancel or suspend an 10 approval may apply for review of the decision to VCAT. (2) An application for review must be made within 28 days after the later of-- (a) the day on which the decision is made; 15 or (b) if the person or body requests a statement of reasons for the decision under section 45 of the Victorian Civil and Administrative Tribunal Act 20 1998, the day on which-- (i) the statement is given to the person or body; or (ii) the person or body is informed under section 46(5) of that Act 25 that the statement will not be given. Division 4--Fee relating to approved safe driving program 84BT Payment of fee 30 (1) A person participating in an approved safe driving program must pay to the approved provider who is providing the program the fee determined by the Corporation under section 84BV(1). 571186B.I-30/4/2012 14 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 5 (2) The fee payable under subsection (1) is in addition to any commercial charge set by the approved provider for participation in the approved safe driving program. 5 (3) The approved provider must refund the fee to the person if the approved provider-- (a) fails to provide the approved safe driving program at the time agreed with the person; and 10 (b) either-- (i) is unable to reach agreement with the person as to an alternative time at which to provide the program; or 15 (ii) fails to provide the approved safe driving program at an alternative time agreed with the person. 84BU Approved provider to send fees to Corporation 20 (1) An approved provider must send to the Corporation the fees paid to the approved provider under section 84BT(1) in the manner and within the time determined by the Corporation. 25 (2) The fees sent to the Corporation under subsection (1) must be accompanied by the information required by the Corporation relating to the approved safe driving programs to which the fees relate. 30 (3) The information required by the Corporation under subsection (2) may include the names of the participants of the approved safe driving programs. 571186B.I-30/4/2012 15 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 6 84BV Corporation may determine fee (1) The Corporation may determine from time to time the fee to be imposed on persons for participating in an approved safe driving 5 program conducted by an approved provider. (2) A determination under subsection (1) must be made by notice published in the Government Gazette. (3) In determining the amount of the fee, the 10 Corporation must ensure that the total fees collected do not exceed the costs of the implementation and administration of the safe driving program scheme established under this Part. 15 __________________". 6 Definitions In section 84C(1) of the Road Safety Act 1986-- (a) in the definition of designated costs after "immobilisation order" insert "and any 20 additional costs incurred if the motor vehicle is relocated by a member of the police force or an authorised person under section 84PB(1)(b) or (3)"; (b) for the definition of authorised person 25 substitute-- "authorised person means, in relation to a function or power under this Part, a person authorised by a member of the police force under section 84J to 30 perform that function or exercise that power;"; 571186B.I-30/4/2012 16 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 7 (c) for the definition of senior police officer substitute-- "senior police officer means a member of the police force-- 5 (a) of or above the rank of Inspector; or (b) in the position of Officer in Charge, Vehicle Impoundment Unit;". 10 7 Powers of Victoria Police (1) In section 84F(1)(b) of the Road Safety Act 1986 for "period; and" substitute "period.". (2) Section 84F(1)(c) of the Road Safety Act 1986 is repealed. 15 8 Surrender of motor vehicle (1) In section 84H(1) of the Road Safety Act 1986 omit ", more than 48 hours after the commission of a relevant offence,". (2) In section 84H(2)(a)(i) of the Road Safety Act 20 1986 for "28 days" substitute "42 days". (3) After section 84H(2)(a)(i) of the Road Safety Act 1986 insert-- "(ia) if the relevant offence is-- (A) an offence under section 49(1)(b), (bb), 25 (g) or (i) in relation to which the offender was required give a sample of blood under section 55(9A), 55B(1)(a), 55E(13) or 56(2); or 571186B.I-30/4/2012 17 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 9 (B) an offence under section 49(1)(bb) or (h) in relation to which the offender was required to give a sample of oral fluid under section 55E(2) or (3)-- 5 at any time after the charge-sheet is filed but not later than 3 months after the commission of the relevant offence; or". (4) In section 84H(2)(b) of the Road Safety Act 1986 after "vehicle" insert "unless an earlier time is 10 consented to by the registered operator of the motor vehicle and that consent is endorsed in writing on the notice". (5) In section 84H(3)(a)(i) of the Road Safety Act 1986 for "28 days" substitute "42 days". 15 (6) After section 84H(3)(a)(i) of the Road Safety Act 1986 insert-- "(ia) if subsection (2)(a)(ia) applies, within the preceding 3 months; or". (7) In section 84H(3)(d) and (4) of the Road Safety 20 Act 1986 after "personnel" insert "or an authorised person". 9 Power of persons authorised by Victoria Police (1) In section 84J of the Road Safety Act 1986 for "In exercising powers under this Part a member of 25 the police force may authorise any person to assist him or her to" substitute "A person authorised by a member of the police force to do so may". (2) For section 84J(f) of the Road Safety Act 1986 substitute-- 30 "(f) assist a member of the police force to seize or impound a motor vehicle under this Division; (g) release an impounded motor vehicle at a time directed by a member of the police force; 571186B.I-30/4/2012 18 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 10 (h) take possession of a motor vehicle surrendered in accordance with a notice under section 84H or an order under section 84S or 84T; 5 (i) drive or move a motor vehicle referred to in paragraph (h) as directed by a member of the police force; (j) for the purposes of section 84PB or 84ZC, exercise the same powers to search for and 10 seize a motor vehicle and other powers as are specified in sections 84G(1), (3)(b) and (3)(d) and 84I; (k) relocate a vehicle seized under section 84PB; (l) take possession of the keys to a motor 15 vehicle as directed by a member of the police force under section 84G(3)(c).". 10 Content of notice For section 84L(f)(v) of the Road Safety Act 1986 substitute-- 20 "(v) if the motor vehicle has been immobilised by use of a steering wheel lock--the name of the unit within the police force of Victoria that arranges for the release of keys for steering wheel locks and the address and 25 telephone number of that unit; and". 11 Offences (1) For section 84P(2)(ab) of the Road Safety Act 1986 substitute-- "(ab) if the motor vehicle is immobilised by use of 30 a steering wheel lock and the person who moved the vehicle or arranged for it to be moved has done so in accordance with an authorisation given under section 84PA; or". 571186B.I-30/4/2012 19 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 12 (2) In section 84P(3) of the Road Safety Act 1986 for "the police force" substitute "police personnel". 12 New sections 84PA and 84PB inserted After section 84P of the Road Safety Act 1986 5 insert-- "84PA Authorisation to move motor vehicle (1) On the written application of a person, the Chief Commissioner of Police may authorise the person to move a motor vehicle that has 10 been immobilised under this Part by use of a steering wheel lock or to arrange for the motor vehicle to be moved. (2) An authorisation under subsection (1) must specify the location to which the motor 15 vehicle may be moved and state that the motor vehicle must be moved within 14 days after the date of the authorisation. (3) A person who is authorised under subsection (1) to move a motor vehicle, or to arrange for 20 the motor vehicle to be moved, must do so at his or her own cost. 84PB Relocation of immobilised motor vehicle by Victoria Police (1) A member of the police force or an 25 authorised person may enter and move an immobilised motor vehicle to another location and immobilise the motor vehicle at the new location if-- (a) the motor vehicle has been left in a 30 location where-- (i) it is detracting from public amenity; or (ii) it is posing a safety risk; or 571186B.I-30/4/2012 20 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 12 (iii) it is interfering with traffic flow; or (b) since being immobilised, the motor vehicle has been moved by a person 5 other than a member of the police force or an authorised person without the authorisation of the Chief Commissioner of Police. (2) As soon as practicable after a motor vehicle 10 has been moved under subsection (1), the member of the police force or authorised person who moved the motor vehicle must notify the registered operator in writing of the location to which it has been moved. 15 (3) A member of the police force or an authorised person may enter and move an immobilised motor vehicle, or arrange for the motor vehicle to be moved, to another location for the purpose of the sale or 20 disposal of the motor vehicle under section 84ZQAB. (4) For the purpose of entering and moving a motor vehicle under this section-- (a) a member of the police force has, and 25 may exercise, the same powers to search for and seize the motor vehicle and other powers as are specified under sections 84G(1) and (3), 84GA, 84GB and 84I; and 30 (b) an authorised person has, and may exercise, the same powers to search for and seize the motor vehicle and other powers as are specified under sections 84G(1), (3)(b) and (3)(d) 35 and 84I. 571186B.I-30/4/2012 21 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 13 (5) For the purposes of subsection (4), the exercise of a power that is the same as a power under section 84G(1) is not subject to the time limits applied by section 84G(2).". 5 13 How motor vehicle immobilised by steering wheel lock may be recovered (1) In section 84QA(2) of the Road Safety Act 1986-- (a) for "The member of the police force who 10 served the notice under 84K" substitute "The Chief Commissioner of Police"; (b) for "at the police station specified in accordance with section 84L(f)(v)" substitute "at the address of the unit of the 15 police force referred to in section 84L(f)(v)". (2) After section 84QA(2) of the Road Safety Act 1986 insert-- "(2A) A member of the unit of the police force referred to in section 84L(f)(v) may, by 20 arrangement with the person to whom the key is to be made available, post the key to the person if the member is satisfied that it is impracticable for the person to collect the key. 25 (2B) A member of the unit of the police force referred to in section 84L(f)(v) must provide to the person who collects a key to a steering wheel lock, or to whom the key is posted, written instructions stating-- 30 (a) the location, or choice of locations, to which the key and the steering wheel lock must be returned; and (b) the period, being a period of not less than 24 hours after the key is collected 35 by the person or the key is delivered by 571186B.I-30/4/2012 22 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 14 post to the person, within which the key and the steering wheel lock must be returned.". (3) For section 84QA(3) of the Road Safety Act 5 1986 substitute-- "(3) A person who collects a key to a steering wheel lock, or to whom a key to a steering wheel lock is delivered, must return the key and the steering wheel lock to the location, 10 or one of the locations, and within the period specified in the instructions provided under subsection (2B). Penalty: 60 penalty units.". 14 Sections 84S and 84T amended 15 In sections 84S(3) and 84T(3) of the Road Safety Act 1986 after "personnel" insert "or an authorised person". 15 Direction not to transfer registration or register motor vehicle 20 After section 84YA(3)(f) of the Road Safety Act 1986 insert-- "(fa) the motor vehicle vests in the Crown under section 84ZQ(4), 84ZQAB(3) or 84ZW(5);". 16 New section 84ZC substituted 25 For section 84ZC of the Road Safety Act 1986 substitute-- "84ZC Powers of police and authorised officers to enforce orders (1) When acting under an impoundment or 30 immobilisation order or a forfeiture order made under this Division-- 571186B.I-30/4/2012 23 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 17 (a) a member of the police force has, and may exercise, the same powers to search for and seize the motor vehicle and other powers as are specified under 5 sections 84G(1) and (3), 84GA, 84GB and 84I; and (b) an authorised person has, and may exercise, the same powers to search for and seize the motor vehicle and other 10 powers as are specified under sections 84G(1), (3)(b) and (3)(d) and 84I. (2) For the purposes of subsection (1), the exercise of a power that is the same as a power under section 84G(1) is not subject to 15 the time limits applied by section 84G(2).". 17 Liability for costs of impoundment or immobilisation At the end of section 84ZD of the Road Safety Act 1986 insert-- 20 "(2) Despite subsection (1), a motor vehicle may be released from immobilisation without the payment of the designated costs if the Chief Commissioner of Police has accepted a signed undertaking given by the registered 25 operator of the motor vehicle in accordance with subsection (3). (3) For the purposes of subsection (2), the undertaking must provide that, in return for the release of the motor vehicle without 30 payment of the designated costs, the registered operator undertakes by the date specified by the Chief Commissioner of Police-- (a) to remove the registration plates of the 35 motor vehicle and return them to the Corporation; and 571186B.I-30/4/2012 24 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 18 (b) to have the motor vehicle destroyed by a recycler approved by the Chief Commissioner; and (c) to give to the Chief Commissioner a 5 certificate issued by the recycler confirming the destruction of the motor vehicle. (4) If the registered operator complies with the undertaking, the Chief Commissioner of 10 Police must waive the designated costs. (5) If the registered operator fails to comply with the undertaking-- (a) the amount of the designated costs becomes a debt due to the Crown 15 recoverable in a court of competent jurisdiction; and (b) the motor vehicle may be seized by a member of the police force and immobilised or impounded until-- 20 (i) the designated costs (including any further costs associated with the subsequent immobilisation or impoundment under this paragraph) are paid; or 25 (ii) the vehicle is sold or disposed of under Division 5.". 18 Application for search and seizure warrant In section 84ZG(1) of the Road Safety Act 1986-- 30 (a) in paragraph (d) for "vehicle." substitute "vehicle; or"; 571186B.I-30/4/2012 25 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 19 (b) after paragraph (d) insert-- "(e) a member of the police force is empowered under section 84PB(4)(a) to seize the motor vehicle.". 5 19 Notice to be given of intention to sell or dispose (1) In section 84ZQA(1)(a)(iv) of the Road Safety Act 1986 for "Corporation; and" substitute "Corporation.". (2) Section 84ZQA(1)(b) of the Road Safety Act 10 1986 is repealed. (3) In section 84ZQA(3) of the Road Safety Act 1986 for 'expired.".' substitute "expired.". 20 New sections 84ZQAB, 84ZQAC and 84ZQAD inserted 15 After section 84ZQA of the Road Safety Act 1986 insert-- "84ZQAB Sale or disposal of motor vehicles and items deemed to be abandoned (1) The Chief Commissioner of Police may sell, 20 by public auction or tender, or otherwise dispose of, a motor vehicle and any item left in or on the motor vehicle, if-- (a) a decision is made by a member of the police force to impound or immobilise 25 the motor vehicle under section 84F or an impoundment or immobilisation order is made against the motor vehicle; and (b) the motor vehicle is not collected or 30 released after the motor vehicle becomes available for collection or release; and (c) the motor vehicle is deemed under subsection (2) to be abandoned. 571186B.I-30/4/2012 26 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 20 (2) A motor vehicle is deemed to be abandoned if-- (a) the Chief Commissioner has given notice in accordance with section 5 84ZQAC; and (b) either-- (i) 30 days have elapsed since the giving of the notice and none of the events referred to in section 10 84ZQAC(4)(a) to (f) have occurred; or (ii) the court has made an order under section 84ZQAD that the motor vehicle is abandoned. 15 (3) If a motor vehicle is deemed to be abandoned under subsection (2), the motor vehicle and any item or thing left in or on it vest absolutely in the Crown free from all other interests, rights, titles or claims in or to 20 ownership or possession. (4) Subsection (3) has effect despite any other Act (other than the Charter of Human Rights and Responsibilities Act 2006) or law to the contrary. 25 (5) A purchaser of a motor vehicle, item or thing sold in accordance with subsection (1) acquires good title to that vehicle, item or thing. (6) A person with an interest in a motor vehicle 30 sold or disposed of under subsection (1) must be compensated in accordance with subsection (7) if, after the sale or disposal of the motor vehicle-- 571186B.I-30/4/2012 27 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 20 (a) in the case where the motor vehicle was impounded or immobilised by a member of the police force under Division 2-- 5 (i) the person accused of the relevant offence in relation to which the vehicle was impounded or immobilised is found not guilty of that offence and is not found 10 guilty of any other relevant offence arising out of the same set of circumstances; or (ii) no charge-sheet charging a relevant offence is filed in relation 15 to the impoundment or immobilisation of the motor vehicle or a charge-sheet is filed but the charge is not proceeded with within 12 months after the 20 motor vehicle was impounded or immobilised; or (b) in any case--a conviction for the relevant offence in relation to which the vehicle was impounded or immobilised 25 is set aside. (7) Compensation paid to a person under subsection (6) must-- (a) be based on the market valuation of the motor vehicle obtained by the Chief 30 Commissioner of Police; and (b) be proportionate to the person's interest in the motor vehicle; and (c) have deducted any money already paid to the person under section 35 84ZQD(1)(c) and (d) in respect of the motor vehicle. 571186B.I-30/4/2012 28 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 20 84ZQAC Notice to be given of intention to deem motor vehicle abandoned (1) The Chief Commissioner of Police must give notice of intention to deem a motor vehicle 5 to be abandoned under section 84ZQAB and then to sell or otherwise dispose of the motor vehicle and any uncollected item or thing left in or on the motor vehicle by serving a notice that complies with subsections (3) and (4) 10 on-- (a) the driver of the motor vehicle; and (b) if the driver of the motor vehicle is not the registered operator of the motor vehicle--the registered operator; and 15 (c) any person who the Chief Commissioner is aware has an interest in the motor vehicle; and (d) the Corporation. (2) If the registered operator of the motor 20 vehicle is not the owner or sole owner of the motor vehicle, the registered operator must, as soon as is reasonably practicable, take reasonable steps to serve a copy of the notice served under subsection (1) on any owner of 25 the motor vehicle. Note See section 93 for how a notice may be served. (3) A notice under subsection (1) must include information that identifies the motor vehicle, 30 including the motor vehicle's registration number (if applicable). (4) A notice under subsection (1) must state that the motor vehicle will be deemed to be abandoned and that the motor vehicle and 35 any item left in or on the motor vehicle will 571186B.I-30/4/2012 29 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 20 be sold or disposed of unless, within 30 days after the date of the notice-- (a) the designated costs in respect of the impoundment or immobilisation of the 5 motor vehicle are paid and the motor vehicle is collected or released; or (b) the designated costs are not required to be paid because-- (i) the motor vehicle is released from 10 impoundment or immobilisation in accordance with section 84N(1)(a) or (b); or (ii) the motor vehicle is released from impoundment or immobilisation 15 in accordance with section 84N(1)(c) and a senior police officer has waived the designated costs under section 84N(3); or (c) a conviction for the relevant offence is 20 set aside; or (d) the court makes an order under section 84O or 84ZA that the motor vehicle be released; or (e) the Chief Commissioner of Police 25 accepts under section 84ZD(2) an undertaking by the registered operator to have the motor vehicle destroyed by a recycler approved by the Chief Commissioner; or 30 (f) a person substantially affected by the proposed sale or disposal of the motor vehicle has applied to the Magistrates' Court under section 84ZQAD for an order declaring that the motor vehicle is 35 not abandoned. 571186B.I-30/4/2012 30 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 20 (5) Subject to subsection (6), the Chief Commissioner of Police may give notice under subsection (1) if-- (a) in the case of a motor vehicle that has 5 been impounded--more than 7 days have elapsed since the motor vehicle became available for collection; or (b) in the case of a motor vehicle that has been immobilised--more than 10 3 months have elapsed since the motor vehicle became available for release. (6) The Chief Commissioner of Police must not give notice under subsection (1) if the Chief Commissioner is aware that any of the 15 following are yet to be determined-- (a) an application under section 84O(1); (b) an application under section 84U(1) for an impoundment or immobilisation order or for a forfeiture order; 20 (c) an application under section 84ZA(1) for variation of an impoundment or immobilisation order or forfeiture order. 84ZQAD Application for order that motor vehicle is 25 not abandoned (1) If the Chief Commissioner of Police gives notice of an intention to deem a motor vehicle to be abandoned, a person substantially affected by the proposed sale or 30 disposal of the motor vehicle may apply to the Magistrates' Court for an order that the motor vehicle is not abandoned. (2) An application under subsection (1) may be made in conjunction with an application 35 under section 84O(1) or 84ZA(1). 571186B.I-30/4/2012 31 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 20 (3) The court hearing an application under subsection (1)-- (a) must not make an order under this section unless satisfied that the 5 applicant has notified the Chief Commissioner of Police of the application; and (b) must allow the Chief Commissioner of Police to be heard at the hearing. 10 (4) On application under subsection (1), the court may-- (a) make an order that the motor vehicle is not abandoned; or (b) make an order that the motor vehicle is 15 abandoned. (5) The court may make an order that the motor vehicle is not abandoned only if satisfied that-- (a) the applicant has not, in fact, 20 abandoned the motor vehicle; and (b) the applicant has a genuine intention to collect or arrange for the release of the motor vehicle at some time in the future. 25 (6) An order by the court that a motor vehicle is not abandoned does not prevent the Chief Commissioner of Police from-- (a) applying under section 84ZV for a disposal order; or 30 (b) selling or disposing of the motor vehicle in accordance with section 84ZQ.". 571186B.I-30/4/2012 32 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 21 21 Amendment of sections 84ZQB and 84ZQC (1) In section 84ZQB(1) of the Road Safety Act 1986 after "84ZQA(1)" insert "or 84ZQAC(1)". (2) In section 84ZQC(1) of the Road Safety Act 5 1986 after "84ZQ(4)" insert "or 84ZQAB(3)". 22 New section 84ZQD inserted After section 84ZQC of the Road Safety Act 1986 insert-- "84ZQD Application of proceeds of sale 10 (1) Where a motor vehicle or item or thing is sold under section 84ZQ or 84ZQAB the proceeds of sale are to be applied in the following order of priority-- (a) to pay the costs of the sale; 15 (b) to pay any costs of impoundment or immobilisation; (c) to discharge any security interest over the motor vehicle, such as a bank loan or a lease arrangement, that existed 20 immediately before the motor vehicle vested in the Crown; (d) to pay the registered operator of the motor vehicle or, if the registered operator cannot be reasonably located, 25 for payment into the Consolidated Fund. (2) Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to an interest arising out of the 30 operation of this Division.". 571186B.I-30/4/2012 33 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 23 23 Notice to be given of intention to sell or dispose (1) In section 84ZRA(1)(a)(iv) of the Road Safety Act 1986 for "Corporation; and" substitute "Corporation.". 5 (2) Section 84ZRA(1)(b) of the Road Safety Act 1986 is repealed. 24 New section 84ZRB inserted After section 84ZRA of the Road Safety Act 1986 insert-- 10 "84ZRB Application to register financing statement after giving notice of intention to sell motor vehicle subject to forfeiture order (1) As soon as practicable after giving notice 15 under section 84ZRA(1) of an intention to sell or otherwise dispose of a motor vehicle that is the subject of a forfeiture order, the Chief Commissioner of Police must apply to the Commonwealth Registrar, in accordance 20 with the Commonwealth Act, to register a financing statement or a financing change statement (as the case requires) in respect of the motor vehicle. Note 25 A financing statement includes a statement of the reason why the property is registered. (2) The Corporation may apply to register a financing statement or a financing change statement under subsection (1) on behalf of 30 the Chief Commissioner of Police.". 25 Application of proceeds of sale In section 84ZS(1) of the Road Safety Act 1986 omit "84ZQ or". 571186B.I-30/4/2012 34 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 26 26 Notice to be given of intention to apply for disposal order (1) In section 84ZU(2)(a)(iv) of the Road Safety Act 1986 for "Corporation; and" substitute 5 "Corporation.". (2) Section 84ZU(2)(b) of the Road Safety Act 1986 is repealed. 27 New section 103ZE inserted After section 103ZD of the Road Safety Act 1986 10 insert-- "103ZE Transitional provision--Road Safety Amendment Act 2012 (1) Part 6AB as inserted by section 5 of the Road Safety Amendment Act 2012 applies 15 only to applicable offences alleged to have been committed on or after the commencement of section 5 of that Act. (2) For the purposes of subsection (1), if an applicable offence is alleged to have been 20 committed between 2 dates, one before and one after the commencement of section 5 of the Road Safety Amendment Act 2012, the applicable offence is alleged to have been committed before the commencement of 25 section 5 of that Act. (3) Section 84ZQAB as inserted by section 20 of the Road Safety Amendment Act 2012 applies only to motor vehicles that have been impounded or immobilised in relation to an 30 applicable offence alleged to have been committed on or after the commencement of section 20 of that Act. 571186B.I-30/4/2012 35 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 28 (4) For the purposes of subsection (3), if an applicable offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 20 of 5 the Road Safety Amendment Act 2012, the applicable offence is alleged to have been committed before the commencement of section 20 of that Act.". 28 New Schedule 6 inserted 10 After Schedule 5 to the Road Safety Act 1986 insert-- "SCHEDULE 6 Section 16BA CRITERIA FOR CLASSIFICATION OF 15 STATUTORY WRITE-OFF--LIGHT MOTOR VEHICLES 1 Definitions In this Schedule-- excessive fire damage has the meaning given 20 in clause 14; excessive stripping damage has the meaning given in clause 16; excessive structural damage has the meaning given in clause 5; 25 excessive water damage has the meaning given in clause 15; statutory write-off means a vehicle that is a statutory write-off within the meaning of clause 4. 30 2 Application of Technical Guide (1) A person who, in accordance with this Schedule, is assessing whether an area of a vehicle has been fractured, cut, cracked or 571186B.I-30/4/2012 36 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 28 buckled or is folded over onto itself must make that assessment based on the relevant diagrams contained in the Technical Guide. (2) In this clause, Technical Guide means the 5 "Damage Assessment Criteria for the Classification of Statutory Write-Offs" approved by Austroads Ltd ABN 16 245 787 323 from time to time. 3 Prescribed structural areas 10 For the purposes of this Schedule, the structural areas of a vehicle are-- (a) the roof; (b) each of the pillars; (c) the floor pan; 15 (d) the firewall; (e) as applicable-- (i) each of the the longitudinal structural rails; or (ii) the chassis; 20 (f) the vehicle suspension; (g) mechanical components; (h) the supplementary restraint systems. 4 Statutory write-off A light motor vehicle is a statutory write-off 25 if it is written off and has been assessed, in accordance with this Schedule, as having-- (a) excessive structural damage; or (b) excessive fire damage; or (c) excessive water damage; or 30 (d) excessive stripping damage. 571186B.I-30/4/2012 37 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 28 5 Excessive structural damage (1) A vehicle has excessive structural damage if three indicators are found in the vehicle. (2) In this Schedule, indicator means-- 5 (a) excessive damage in a structural area, determined in accordance with this Schedule; (b) deployment or activation of a supplementary restraint, determined in 10 accordance with clause 13. (3) For the purpose of calculating the number of structural areas which have been damaged-- (a) excessive damage to separate pillars or to separate longitudinal structural rail 15 or chassis is to be counted as a separate indicator; (b) each different and separate area of excessive damage to the floor pan or firewall is to be counted as a separate 20 indicator; (c) each incidence of excessive damage to a suspension station is to be counted as a separate indicator if clause 11(2)(a) applies; 25 (d) excessive damage to any part of the roof is to be counted as a single indicator; (e) excessive damage to any or all of the mechanical components specified in 30 clause 12 is to be counted as a single indicator; 571186B.I-30/4/2012 38 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 28 (f) deployment or activation of any or all of the supplementary restraints specified in clause 13 is to be counted as a single indicator. 5 Examples A vehicle has excessive damage in two pillars and in the roof. The vehicle is a statutory write-off. A vehicle has excessive damage in two longitudinal structural rails and the front right suspension mount is 10 damaged. The vehicle is a statutory write-off. 6 Damage to the roof The roof of a vehicle has excessive damage if it has been loaded so that an individual structural element or member-- 15 (a) has been structurally-- (i) fractured; or (ii) cut; or (iii) cracked; or (iv) buckled; or 20 (b) is folded over onto itself. Note A cut includes the situation where the roof has been cut by emergency services to permit occupant extraction. 25 7 Damage to the pillars A pillar of a vehicle has excessive damage if it has been loaded so that an individual structural element or member-- (a) has been structurally-- 30 (i) fractured; or (ii) cut; or 571186B.I-30/4/2012 39 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 28 (iii) cracked; or (iv) buckled; or (b) is folded over onto itself. 8 Damage to the floor pan 5 (1) For the purposes of this Schedule, the floor pan of a vehicle-- (a) includes the inner sill panel where the panel attaches to the floor pan; (b) does not include-- 10 (i) the outer sill rocker (rocker panel); or (ii) the internal stiffener; or (iii) the braces between the inner and outer panels. 15 (2) The floor pan of a vehicle has excessive damage if it has been loaded so that an individual structural element or member-- (a) has been structurally-- (i) fractured; or 20 (ii) cut; or (iii) cracked; or (iv) buckled; or (b) is folded over onto itself. 9 Damage to the firewall 25 (1) A vehicle has excessive damage to its firewall if the firewall has been loaded so that an individual structural or member element-- 571186B.I-30/4/2012 40 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 28 (a) has been structurally-- (i) fractured; or (ii) cut; or (iii) cracked; or 5 (iv) buckled; or (b) is folded over onto itself. 10 Damage to the longitudinal structural rails or chassis (1) For the purposes of this Schedule, the 10 longitudinal structural rails or chassis do not include a deformable end plate that has been designed to be removed and replaced. (2) A longitudinal structural rail or chassis of a vehicle has excessive damage if it has been 15 loaded so that an individual structural or member element-- (a) has been structurally-- (i) fractured; or (ii) cut; or 20 (iii) cracked; or (iv) buckled; or (b) is folded over onto itself. (3) If both longitudinal rails of a vehicle are damaged to the extent that they both require 25 Original Equipment Manufacture replacement, that damage must be counted as excessive damage to three areas. 11 Damage to the suspension (1) The suspension of a vehicle has excessive 30 damage if there is collision-induced damage to a suspension mount to the chassis or body. 571186B.I-30/4/2012 41 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 28 (2) In assessing damage to the suspension-- (a) if an independent suspension unit is damaged, so that its mount to the chassis or body is damaged, each 5 station is one area of excessive damage; (b) if a live axle is damaged, so that a mount to the chassis or body is damaged, the suspension of the vehicle must be counted as one area of 10 excessive damage for each axle. 12 Damage to mechanical components The mechanical components of a vehicle have excessive damage if collision-induced damage has caused one or more of the 15 following to be cracked, deformed or broken-- (a) the engine block; (b) the transmission case; (c) the differential case; 20 (d) the axle housing. 13 Deployment or activation of supplementary restraints For the purpose of this Schedule, there has been deployment or activation of a 25 supplementary restraint if-- (a) there has been deployment of an airbag (whether frontal, side or curtain) within the vehicle occupant cabin; or (b) there has been activation of a seatbelt 30 pre-tensioner. 571186B.I-30/4/2012 42 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 28 14 Excessive fire damage A vehicle has excessive fire damage if-- (a) as a result of fire, paint on the vehicle (whether internal or external) has 5 blistered on any three of-- (i) the roof; (ii) a pillar; (iii) the floor pan; (iv) the firewall; 10 (v) longitudinal structural rails or chassis; or (b) as a result of fire-- (i) the vehicle has sustained a combination of exterior and 15 interior fire damage; and (ii) the vehicle has suffered damage to the extent that it is written off. 15 Excessive water damage A vehicle has excessive water damage if the 20 internal cabin of the vehicle has been inundated with water (irrespective of whether the water is fresh, brackish or salt water) to a level above the level of the inner door sill. 25 16 Excessive vehicle stripping damage A vehicle has excessive stripping damage if-- (a) it has been stripped of interior or exterior parts, panels and components 30 such as wheels, bonnet, guards, doors, boot lid or interior parts; or 571186B.I-30/4/2012 43 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 2--Amendment of Road Safety Act 1986 s. 28 (b) by reason of that stripping it is written off. __________________". __________________ 571186B.I-30/4/2012 44 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 3--Statute Law Revision s. 29 PART 3--STATUTE LAW REVISION Division 1--Road Safety Act 1986 29 Substitution of references to Department of Infrastructure 5 (1) In section 3(1) of the Road Safety Act 1986, in the definition of Secretary for "Department of Infrastructure" substitute "Department of Transport". (2) In section 13(6)(b) of the Road Safety Act 1986 10 for "Department of Infrastructure" (wherever occurring) substitute "Department of Transport". (3) In section 16(2)(b) of the Road Safety Act 1986 for "Department of Infrastructure" (wherever occurring) substitute "Department of Transport". 15 (4) In section 53(2) and (3) of the Road Safety Act 1986 for "Department of Infrastructure" (wherever occurring) substitute "Department of Transport". (5) In section 55(1) of the Road Safety Act 1986 for "Department of Infrastructure" (wherever 20 occurring) substitute "Department of Transport". (6) In section 55D(2) of the Road Safety Act 1986 for "Department of Infrastructure" substitute "Department of Transport". (7) In section 55E(1) of the Road Safety Act 1986, in 25 the definitions of authorised officer and enforcement officer for "Department of Infrastructure" substitute "Department of Transport". (8) In section 55E(6) and (22)(a), (b), (c) and (d) of 30 the Road Safety Act 1986 for "Department of Infrastructure" substitute "Department of Transport". 571186B.I-30/4/2012 45 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 3--Statute Law Revision s. 30 (9) In section 59(1)(a)(i) and (4)(b)(i) of the Road Safety Act 1986 for "Department of Infrastructure" (wherever occurring) substitute "Department of Transport". 5 (10) In section 74(2) of the Road Safety Act 1986 for "Department of Infrastructure" (wherever occurring) substitute "Department of Transport". (11) In section 77(2)(c), (3) and (3A) of the Road Safety Act 1986 for "Department of 10 Infrastructure" (wherever occurring) substitute "Department of Transport". (12) In section 84(1), (3), (4A) and (6) of the Road Safety Act 1986 for "Department of Infrastructure" (wherever occurring) substitute 15 "Department of Transport". (13) In section 112(1) of the Road Safety Act 1986 for "Department of Infrastructure" substitute "Department of Transport". Division 2--Road Management Act 2004 20 30 Infrastructure Reference Panel In section 31(2)(ja) of the Road Management Act 2004 for "Public Transport Competition Act 1995" substitute "Bus Services Act 1995". 31 Specified Roads 25 In section 42A(7) of the Road Management Act 2004 for "sufficent" substitute "sufficient". __________________ 571186B.I-30/4/2012 46 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Part 4--Repeal of Amending Act s. 32 PART 4--REPEAL OF AMENDING ACT 32 Repeal of amending Act This Act is repealed on 1 April 2014. Note 5 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). 571186B.I-30/4/2012 47 BILL LA INTRODUCTION 30/4/2012

 


 

Road Safety Amendment Bill 2012 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571186B.I-30/4/2012 48 BILL LA INTRODUCTION 30/4/2012

 


 

 


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