Victorian Consolidated Regulations Victorian Consolidated RegulationsS.R. No. 100/2019
Version incorporating amendments as at
1 July 2024
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Version No. 018
Road Safety (Drivers) Regulations 2019
S.R. No. 100/2019
Version incorporating amendments as at
1 July
2024
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Road Safety (Drivers) Regulations 2019, S.R. No. 100/2019 were made on 22 October 2019 by the Governor in Council under section 95 of the Road Safety Act 1986, No. 127/1986 and came into operation on 29 October 2019: regulation 3.
The Road Safety (Drivers) Regulations 2019 will sunset 10 years after the day of making on 22 October 2029 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1
January 2001 form part of that Statutory Rule. Any heading inserted in a
Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on
or after 1 January 2001, forms part of that Statutory Rule.
This includes
headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into
which an Order is divided; clauses; regulations; rules; items; tables; columns;
examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted
in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule
made on or after 1 January 2001, forms part of that Statutory Rule.
See
section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that
Statutory Rule, whether inserted in the Statutory Rule before, on or after
1
January 2001. Provision numbers include regulation numbers, rule numbers,
subregulation numbers, subrule numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
This publication incorporates amendments made to the Road Safety (Drivers) Regulations 2019 by statutory rules, subordinate instruments and Acts.
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Road Safety (Drivers) Amendment (Alcohol Interlocks) Regulations 2019, S.R. No. 120/2019
|
Date of Making: |
26.11.19 |
|
Date of Commencement: |
1.12.19: reg. 3 |
Road Safety (Automated Vehicles), (Drivers), (General), (Traffic Management) and (Vehicles) Amendment Regulations 2019, S.R. No. 172/2019
|
Date of Making: |
23.12.19 |
|
Date of Commencement: |
Reg. 5(Sch. 2) on 1.1.20: reg. 3 |
Road Safety (Drivers), (General) and (Vehicles) Interim Amendment Regulations 2020, S.R. No. 105/2020
|
Date of Making: |
29.9.20 |
|
Date of Commencement: |
Regs 82–84 on 4.10.20: reg. 3 |
Road Safety (Drivers), (General) and (Traffic Management) Amendment Regulations 2020, S.R. No. 123/2020
|
Date of Making: |
10.11.20 |
|
Date of Commencement: |
Regs 5, 6 on 12.11.20: reg. 3(1); reg. 4 on 1.12.20: reg. 3(2) |
Road Safety (Drivers) and (General) Amendment Regulations 2021, S.R. No. 36/2021
|
Date of Making: |
20.4.21 |
|
Date of Commencement: |
Regs 4, 5 on 26.4.21: reg. 3 |
Road Safety (Drivers) and (Vehicles) Interim Amendment Regulations 2021, S.R. No. 75/2021
|
Date of Making: |
29.6.21 |
|
Date of Commencement: |
Regs 4, 5 on 1.7.21: reg. 3 |
Road Safety (Drivers) and (General) Further Amendment Regulations 2021, S.R. No. 121/2021
|
Date of Making: |
21.9.21 |
|
Date of Commencement: |
Regs 4–6 on 30.9.21: reg. 3 |
Road Safety (Drivers) and (General) Amendment Regulations 2022, S.R. No. 19/2022
|
Date of Making: |
22.2.22 |
|
Date of Commencement: |
Regs 5–17 on 1.3.22: reg. 3 |
Road Safety (Drivers) and (Vehicles) Amendment Regulations 2022, S.R. No. 51/2022
|
Date of Making: |
30.6.22 |
|
Date of Commencement: |
Reg. 4 on 1.7.22: reg. 3 |
Road Safety (Drivers) Amendment (Fees) Regulations 2022, S.R. No. 98/2022
|
Date of Making: |
27.9.22 |
|
Date of Commencement: |
1.10.22: reg. 3 |
Road Safety (Drivers) and (Vehicles) Further Amendment Regulations 2022, S.R. No. 129/2022
|
Date of Making: |
25.10.22 |
|
Date of Commencement: |
Regs 3–5 on 25.10.22 |
Road Safety (Drivers) and (General) Amendment Regulations 2023, S.R. No. 8/2023
|
Date of Making: |
14.2.23 |
|
Date of Commencement: |
Regs 4, 5 on 31.3.23: reg. 3 |
Road Safety (Drivers) Amendment Regulations 2023, S.R. No. 9/2023
|
Date of Making: |
14.2.23 |
|
Date of Commencement: |
Reg. 6 on 14.2.23: reg. 3(1); regs 4, 5 on 27.3.23: reg. 3(2) |
Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2023, S.R. No. 53/2023
|
Date of Making: |
14.6.23 |
|
Date of Commencement: |
Reg. 4 on 1.7.23: reg. 3 |
Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2024, S.R. No. 43/2024
|
Date of Making: |
4.6.24 |
|
Date of Commencement: |
Reg. 4 on 1.7.24: reg. 3 |
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[1] Reg. 59(7)(b): S.R. No. 116/2021.
[2] Reg. 114(1): S.R. No. 95/2009. Reprint No. 3 as at 1 July 2017. Reprinted to S.R. No. 42/2017. Subsequently amended by S.R. Nos 100/2017, 139/2017, 140/2017, 47/2018, 89/2018, 181/2018 and 54/2019 and extended in operation by S.R. No. 70/2019.
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Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 100/2019 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|
AS/NZS 4602.1:2011 High visibility safety garments—Garments for high risk applications, published by Standards Australia on 17 February 2011, as amended from time to time |
The whole |
|
|
|
ISO 20471:2013 High visibility clothing—Test methods and requirements, published by the International Organization for Standardization on 1 June 2013, as amended from time to time |
The whole |
|
|
ANSI/ISEA 107-2015 High‑Visibility Safety Apparel and Accessories, published by the International Safety Equipment Association on 1 February 2016, as amended from time to time |
The whole |
|
|
BS EN ISO 20471:2013+A1:2016 High-visibility warning clothing for professional use. Test methods and requirements, published by the British Standards Institution on 21 April 2004, as amended from time to time |
The whole |