Victorian Consolidated Regulations

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ROAD SAFETY (DRIVERS) REGULATIONS 2019 


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Objective  
   2.      Authorising provision  
   3.      Commencement  
   4.      Revocation  
   5.      Definitions  

   PART 2--DRIVER LICENCES AND LEARNER PERMITS

           Division 1--Authority to drive motor vehicle

   6.      Categories of motor vehicles for licensing purposes  
   7.      Authority given by licences and permits  
   8.      Category of driver licence or learner permit may be shown by code  
   9.      Authorisation for driver under instruction  
   10.     Authorisation for driver of motor vehicle (other than a motor cycle) under assessment  
   11.     Authorisation for driver of motor cycle under assessment  
   12.     Authorisation for holder of non-Victorian licence or permit  
   13.     Exceptions to authorisation under regulation 12  

           Division 2--Prescribed requirements for grant or variation of driver licence

   14.     Prescribed requirements for driver licence  
   15.     Requirement for car driver licence  
   16.     Additional requirements for car driver licence applicant under the age of 21 years  
   17.     Requirement for motor cycle licence  
   18.     Requirement for light rigid vehicle licence or medium rigid vehicle licence  
   19.     Requirement for heavy rigid vehicle licence  
   20.     Requirement for heavy combination vehicle licence  
   21.     Requirement for multi-combination vehicle licence  
   22.     Calculating periods for which a person has held a driver licence  

           Division 3--Procedures for grant or variation of driver licence or grant of learner permit

   23.     Prescribed procedures for application for the grant or variation of driver licence or learner permit  
   24.     Car driver licence applicants under the age of 21 years  
   25.     Consideration of application and decision  
   26.     Appointment to verify non-Victorian licence or permit  
   27.     Applicants who have a licence or permit issued outside Victoria  
   28.     Grant of driver licence or learner permit after surrender or defacement  
   29.     Conditions of driver licences or learner permits  
   30.     Application for reduced period for which person is ineligible to be granted a driver licence or learner permit  

           Division 4--Alcohol interlocks

   31.     Definition of minimum compliance period  
   32.     Prescribed alcohol interlock usage data requirements  
   33.     Report to accompany application for exemption from or removal of alcohol interlock condition on medical grounds  
   34.     Offences relating to alcohol interlocks and privacy of motor vehicle occupants  
   35.     Application to avoid imposition of alcohol interlock condition  
   35A.    Application for exemption from prescribed alcohol interlock usage data requirements  
   35B.    Power of driving instructor to require person subject to alcohol interlock condition to prove not alcohol affected in certain circumstances  
   35C.    Requirements for the assessment of a driver who is subject to an alcohol interlock condition  
   35D.    Requirements for the supervision of a driver who is subject to an alcohol interlock condition  
   35E.    Transfer of approval of alcohol interlock supplier  

           Division 5--Behaviour change program

   36.     Persons not required to complete first‑stage behaviour change program  
   37.     Persons required to complete second-stage behaviour change program  
   38.     Prescribed information to be included in notification—behaviour change program  
   39.     Certificate of completion—behaviour change program  
   39A.    Transfer of approval of provider—behaviour change program  

           Division 5A--Safe driving program

   39B.    Transfer of approval of provider—safe driving program  

           Division 6--Renewal of licence

   40.     Renewal notice  
   41.     Renewal of driver licence  
   42.     Expiry date of renewed driver licence  

           Division 7--Surrender of driver licence or learner permit

   43.     Surrender and cancellation of driver licence or learner permit  

           Division 8--Learner drivers

   44.     Term of learner permit  
   45.     Surrender of learner permit  
   46.     Renewal of learner permit  
   47.     Restrictions affecting learner drivers  
   48.     Learner driver must display L plates  

           Division 9--Probationary drivers

   49.     Probationary driver licence  
   50.     P1 probationary driver licence  
   51.     P2 probationary driver licence  
   52.     Transition from P1 probationary driver licence to P2 probationary driver licence  
   53.     Extension of probationary driver licence  
   54.     Variation of P2 probationary driver licence to P1 probationary driver licence  
   55.     Variation of full driver licence to P2 probationary driver licence  
   56.     Probationary driver must display P plates  
   57.     Probationary prohibited vehicles  
   58.     Offence to drive probationary prohibited vehicle  
   59.     Restrictions affecting certain motor cycle riders  
   60.     Towing of vehicles by certain drivers  
   61.     Peer passenger restriction for P1 probationary drivers  

           Division 10--Driver licence document and learner permit document

   62.     Issue of document upon grant, variation or renewal of driver licence or learner permit and cessation of suspension of driver licence or learner permit  
   63.     Form of driver licence or learner permit document  
   64.     Replacement or correction of driver licence or learner permit document  

           Division 11--Miscellaneous

   65.     Incomplete application  
   66.     Refusal of application  
   67.     Information to be recorded by the Secretary  
   68.     Change of personal particulars or medical condition  
   69.     Tests and assessments  
   70.     Verification of records  
   71.     Exemption for consular or diplomatic staff  

   PART 3--VARIATION, SUSPENSION OR CANCELLATION OF DRIVER LICENCE OR LEARNER PERMIT

           Division 1--Demerit points

   72.     Definitions for Division 1  
   73.     Secretary to record demerit points  
   74.     Secretary to record demerit points for relevant interstate offences  
   75.     Record of day on which offence was committed  
   76.     Notice to be given to other jurisdictions  
   77.     Notification of too many demerit points  
   78.     Cancellation of demerit points  

           Division 2--Variation, suspension and cancellation by the Secretary

   79.     Variation, suspension or cancellation of driver licence or learner permit on the grounds that the person is not suitable to drive  
   80.     Variation, suspension or cancellation of driver licence or learner permit on the grounds that the person is unfit to drive or that it is dangerous for the person to drive  
   81.     Other grounds for variation, suspension or cancellation of driver licence or learner permit  
   82.     Procedure for variation, suspension or cancellation of driver licence or learner permit  
   83.     Return of driver licence or learner permit  

   PART 4--SPECIAL POWERS WITH RESPECT TO DISQUALIFICATION FOR DRINK-DRIVING IN ANOTHER JURISDICTION

   84.     Definitions for Part 4  
   85.     Application for a reduced disqualification or suspension  
   86.     Consideration of application, notification and decision  
   87.     Special conditions  
   88.     Application for removal of condition imposed for minimum period  
   89.     Consideration of application and decision  

   PART 5--REVIEW AND APPEAL RIGHTS

           Division 1--Definition

   90.     Definition for Part 5  

           Division 2--Review

   91.     Definition for Division 2  
   92.     Affected person entitled to be given reasons for relevant decision  
   93.     Internal review  

           Division 3--Appeals to Magistrates' Court

   94.     Definition for Division 3  
   95.     Time for appeal  
   96.     Appellant must give notice of appeal  
   97.     Particulars of order to be given to the Secretary or Victoria Police  
   98.     Appeals about demerit points  
   99.     Application for stay of demerit point suspension or disqualification  
   100.    Particulars of order for a stay to be given to the Secretary  

   PART 6--EXEMPTIONS

   101.    Exemption from requirement  
   102.    Conditions if exemption granted  

   PART 7--FEES

   103.    Definitions for Part 7  
   104.    Fees  
   104A.   Free probationary driver licence  
   104B.   Discounted driver licence renewal for good drivers  
   105.    Free full driver licence for good probationary drivers  
   106.    Replacement learner log book fee  
   107.    Search and extract fees  
   108.    Cost recovery fees—alcohol interlock scheme  
   109.    Application of certain fees  
   110.    Refund of fees if driver licence cancelled  
   111.    Reduction, waiver or refund of fees  
   112.    Persons eligible for concessional rates—commercial fees for alcohol interlocks  

   PART 8--TRANSITIONAL PROVISIONS

   113.    Driver licences or learner permits granted under revoked regulations  
   114.     Probationary prohibited vehicles  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           ENDNOTES

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