Victorian Consolidated Regulations Victorian Consolidated Regulations(1) In these Regulations—
Reg. 5(1) def. of alcohol assessment tool inserted by S.R. No. 120/2019 reg. 5.
"alcohol assessment tool" means a tool used to determine usage of alcohol by a person who has made an application under section 50AAAE of the Act;
"appropriate licence or permit", for a category of motor vehicle, means a licence or permit that authorises the holder of the licence or permit to drive a motor vehicle of that category in the jurisdiction or, if issued in another country, the country in which it was issued;
"appropriate P plate"—
(a) in relation to a P1 probationary driver licence, means a plate measuring approximately 150 millimetres by 150 millimetres that has a white letter "P" clearly marked on a red background; and
(b) in relation to a P2 probationary driver licence, means a plate measuring approximately 150 millimetres by 150 millimetres that has a white letter "P" clearly marked on a green background; and
(c) in relation to a probationary licence issued under a corresponding law of another jurisdiction which requires the holder of that licence to display a "P" plate while driving a motor vehicle, means a "P" plate that complies with the relevant requirements of that law;
Reg. 5(1) def. of approved alcohol and other drugs professional inserted by S.R. No. 120/2019 reg. 5, amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 1(a)).
"approved alcohol and other drugs professional" means a person approved by the Secretary under section 58J of the Act to provide a behaviour change program in relation to alcohol and other drugs;
Reg. 5(1) def. of authorised representative amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 1(a)).
"authorised representative "means a person who has the authority to represent the estate of a deceased person and can establish to the satisfaction of the Secretary the person's—
(a) identity; and
(b) authority to represent the estate of the deceased person;
"car" means a motor vehicle, other than a motor cycle, that—
(a) has a GVM of not more than 4·5 tonnes; and
(b) is constructed or equipped to seat not more than 12 adults (including the driver);
Note
"GVM "is defined in section 3 of the Act.
"car driver licence "means a driver licence that authorises the holder of the licence to drive a car on a highway;
"car learner permit "means a learner permit that authorises the holder of the permit to learn to drive a car on a highway;
Reg. 5(1) def. of commercial driving instructor (general) inserted by S.R. No. 19/2022 reg. 5(1)(c).
"commercial driving instructor (general)" 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 to drive that motor vehicle on a highway;
Reg. 5(1) def. of correspond-ing novice driver amended by S.R. No. 19/2022 reg. 5(1)(a).
"corresponding novice driver" means a person who—
(a) holds an Australian driver licence issued on a probationary or provisional basis; and
(b) has held that licence for less than 12 months and was under 21 years of age when that licence was granted to that person;
"defence force member "means a person who is on—
(a) full-time permanent service with the Australian Defence Force; or
(b) full-time duty with the Australian Defence Force Reserve;
Reg. 5(1) def. of Demerits Register amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 1(a)).
"Demerits Register" means the Demerits Register required to be kept by the Secretary under section 35(1) and (2) of the Act;
"driver under instruction plate" means—
(a) if displayed on a car—a plate approximately 150 millimetres by 150 millimetres bearing the words "driver under instruction" in black letters clearly marked on a yellow background; and
(b) if displayed on a heavy vehicle or bus—a plate approximately 525 millimetres by 250 millimetres bearing the words "driver under instruction" in black letters clearly marked on a yellow background;
Reg. 5(1) def. of dual control vehicle inserted by S.R. No. 19/2022 reg. 5(1)(c).
"dual control vehicle" means a motor vehicle that has duplicate pedals for—
(a) the footbrake; and
(b) if the motor vehicle has a manual transmission, the clutch—
fitted so that a driving instructor seated beside the driver may operate the footbrake readily and effectively and disengage the transmission of the motor vehicle;
"eligible family member", of a defence force member, means a person who—
(a) resides with the defence force member; and
(b) is entitled to be transferred with the defence force member at the expense of the Australian Defence Force;
"emergency vehicle" has the same meaning as in the Road Rules;
"expiry date" means—
(a) in relation to a driver licence—the date specified in the licence as the date the term of the licence ends in accordance with section 19(3) of the Act; or
(b) in relation to a learner permit—the date specified in the permit as the date the term of the permit ends in accordance with section 22(4) of the Act;
"heavy combination vehicle" means—
(a) a prime mover to which is attached a single semi-trailer that has a GVM of more than 9 tonnes plus any unladen converter dolly; or
(b) a rigid motor vehicle to which is attached a trailer that has a GVM of more than 9 tonnes plus any unladen converter dolly;
"heavy rigid vehicle" means—
(a) a motor vehicle that has a GVM of more than 8 tonnes and has 3 or more axles (whether or not the wheels on those axles are on the road); or
(b) a bus consisting of more than one rigid section which are connected to one another so as to allow rotary movement and passenger access between the sections;
"jurisdiction" means an Australian State or a Territory;
"L plate" means a plate measuring approximately 150 millimetres by 150 millimetres that has a black letter "L" clearly marked on a yellow background;
Reg. 5(1) def. of learner approved motor cycle amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 1(a)).
"learner approved motor cycle" means a motor cycle, or a class of motor cycle, that has been approved by the Secretary under regulation 59(7) to be a learner approved motor cycle;
"learner driver" means a person who holds an Australian learner permit and does not have an appropriate driver licence;
Reg. 5(1) def. of learner log book amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 1(a)).
"learner log book" means a record of a person's driving experience in a form approved by the Secretary;
"light rigid vehicle" means a motor vehicle that—
(a) has a GVM of more than 4·5 tonnes but not more than 8 tonnes; or
(b) seats more than 12 adults (including the driver) and has a GVM of not more than 8 tonnes;
Reg. 5(1) def. of local licence or permit inserted by S.R. No. 19/2022 reg. 5(1)(c).
"local licence or permit" has the same meaning as in section 25A(3) of the Act;
Reg. 5(1) def. of local probationary or provisional licence inserted by S.R. No. 19/2022 reg. 5(1)(c).
"local probationary or provisional licence" means a licence issued under the law of another State or a Territory authorising the holder to drive a motor vehicle on a highway on probation or that is a provisional licence;
"medium rigid vehicle "means a motor vehicle that has a GVM of more than 8 tonnes and has no more than 2 axles;
"motor cycle" includes a motor trike;
Note
Motor cycle and motor trike are defined in section 3 of the Act.
"motor cycle learner permit "means a learner permit that authorises the holder of the permit to learn to drive a motor cycle on a highway;
"motor home" means a motor vehicle that—
(a) is not a bus; and
(b) has a GVM of not more than 4·5 tonnes; and
(c) is designed and constructed for the primary purpose of providing a temporary dwelling for persons using the vehicle for recreational travel;
"non-Victorian licence or permit "means a licence or permit issued in another jurisdiction or country that authorises the holder to drive a motor vehicle in that jurisdiction or country;
P1 probationary driver means a person who holds a P1 probationary driver licence;
P1 probationary driver licence means a probationary driver licence granted in accordance with regulation 50 or a licence as varied under regulation 54;
Note
Probationary driver licence is defined in section 3 of the Act.
P1 probationary period means the period during which a person holds a P1 probationary driver licence;
P2 probationary driver licence means a probationary driver licence granted in accordance with regulation 51 or a licence as varied under regulation 55;
Note
Probationary driver licence is defined in section 3 of the Act.
P2 probationary period means the period during which a person holds a P2 probationary driver licence;
"peer passenger", in relation to a P1 probationary driver or corresponding novice driver," "means a person who is at least 16 years of age and less than 22 years of age but does not include a person who is—
(a) the spouse or domestic partner of the P1 probationary driver or corresponding novice driver; or
(b) the sibling or step-sibling of the P1 probationary driver or corresponding novice driver;
Note
Domestic partner and spouse are defined in section 3 of the Act.
"personal particulars", in relation to a person means the following details—
(a) the first name, second and third initials (if any) and family name of the person;
(b) the person's date of birth;
(c) the person's residential address;
(d) the person's address for service of notices, if this is different from the person's residential address;
(e) the person's mobile phone number;
(f) the person's email address;
"police vehicle "has the same meaning as in the Road Rules;
Reg. 5(1) def. of practical driving test amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 1(b)).
"practical driving test" means a test of a person driving a vehicle, conducted by the Secretary or a person authorised by the Secretary, for the purpose of assessing a person's driving skills;
"probationary driver" means the holder of a probationary driver licence;
Note
Probationary driver licence is defined in section 3 of the Act.
probationary prohibited vehicle has the meaning given to it in regulation 57;
"registered occupational therapist "means a person who is registered under the Health Practitioner Regulation National Law (Victoria) to practise in the occupational therapy profession (other than as a student);
"registered optometrist" means a person who is registered under the Health Practitioner Regulation National Law (Victoria) to practise in optometry (other than as a student);
Reg. 5(1) def. of supervising driver substituted by S.R. No. 123/2020 reg. 4, amended by S.R. No. 19/2022 reg. 5(1)(b).
"supervising driver", in relation to a motor vehicle being driven by a learner driver, means a person who at the relevant time is supervising the learner driver and holds—
(a) a full driver licence that authorises the person to drive the motor vehicle; or
(b) an appropriate licence or permit issued in another jurisdiction or country (other than a probationary, provisional or learner licence or permit) and the person is authorised by these Regulations to drive the motor vehicle;
"the Act" means the Road Safety Act 1986 ;
Reg. 5(1) def. of VicRoads revoked by S.R. No. 172/2019 reg. 5(Sch. 2 item 1(c)).
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"Victoria Police" means the body established by section 6 of the Victoria Police Act 2013 .
Reg. 5(2) amended by S.R. No. 19/2022 reg. 5(2).
(2) In these Regulations, a reference to a person disqualified from driving in a particular jurisdiction or another country includes a person who is disqualified from obtaining a non‑Victorian licence or permit in that jurisdiction or country.
(3) Unless otherwise expressly stated, a reference in these Regulations to a driver includes a reference to a rider, and a reference in these Regulations to driving includes a reference to riding.
Division 1—Authority to drive motor vehicle