Victorian Consolidated Regulations

ROAD SAFETY (DRIVERS) REGULATIONS 2019 - REG 84

In this Part—

Reg. 84 def. of reduced dis-qualification or suspension amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 66).

"reduced disqualification or suspension" means a decision, subject to the imposition of any special conditions, made by the Secretary under  regulation 86 in relation to an application made under regulation 85 to—

        (a)     issue a driver licence or learner permit by reference to the reduced period (and any period of suspension or disqualification already served) rather than the usual period; or

        (b)     suspend a driver licence or learner permit (or shorten an existing suspension) by reference to the reduced period (and any period of suspension or disqualification already served) rather than the usual period;

"reduced period "means the shorter or nil period of suspension or disqualification that may have applied to a person specified in regulation 85(1);

"relevant interstate drink-driving offence" means an offence against a law of another jurisdiction that—

        (a)     is the same or substantially similar to any of the following offences—

              (i)     a serious motor vehicle offence within the meaning of section 87P of the Sentencing Act 1991 committed while the person was under the influence of alcohol, or both alcohol and a drug, which a court has found contributed to the offence;

              (ii)     an offence against section 49(1) of the Act other than—

    (A)     an offence under section 49(1)(a) (involving only a drug); or

    (B)     an offence under section 49(1)(ba), (bb), (h) or (i);
or

        (b)     results in the imposition of a requirement that the person, for a period of time, is only permitted to drive a motor vehicle in which an alcohol interlock has been installed;

"relevant jurisdiction", in relation to a person making an application under this Part, means the other jurisdiction where the person, because of a relevant interstate drink‑driving offence, was subject to a disqualification or suspension of a kind referred to in regulation 85(1)(a);

Reg. 84 def. of special conditions amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 66).

"special conditions "means conditions or requirements imposed by the Secretary under  regulation 87;

"usual period" means the period of disqualification or suspension that would normally apply in accordance with regulation 81(2).