Victorian Consolidated Regulations Victorian Consolidated Regulations(1) This regulation applies to a person who—
(a) currently is, under the law of another jurisdiction (including where the person is a resident of Victoria) in respect of a relevant interstate drink-driving offence—
(i) disqualified from driving in the relevant jurisdiction; or
Reg. 85(1)
(a)(ii) amended by S.R. No. 19/2022 reg. 15.
(ii) disqualified from obtaining a local licence or permit in the relevant jurisdiction; or
Reg. 85(1)
(a)(iii) amended by S.R. No. 19/2022 reg. 15.
(iii) disqualified from obtaining a class of local licence or permit in the relevant jurisdiction; or
Reg. 85(1)
(a)(iv) amended by S.R. No. 19/2022 reg. 15.
(iv) subject to a local licence or permit suspension in the relevant jurisdiction; and
(b) would have been eligible for a reduced period of disqualification or suspension if the person resided in or remained in the other jurisdiction and the person—
(i) had undertaken or agreed to undertake certain education or rehabilitation activities; or
(ii) had made certain undertakings; or
(iii) had agreed to be subject to certain driving restrictions or conditions; and
(c) is not subject to any other disqualification or suspension; and
Reg. 85(1)(d) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 67(a)).
(d) has, if a requirement has been imposed by or under the Act or these regulations to return or surrender a driver licence or learner permit to the Secretary, returned or surrendered that driver licence or learner permit to the Secretary.
(2) If subregulation (1) applies to a person, the person may apply for a reduced disqualification or suspension in accordance with this regulation.
(3) Despite subregulation (2), a person is not entitled to apply for a reduced disqualification or suspension in accordance with this regulation if—
Reg. 85(3)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 67(a)).
(a) the Secretary, under section 25 of the Act—
(i) cancelled any driver licence or learner permit held by the person; and
(ii) disqualified the person from obtaining a driver licence or learner permit for a period determined in accordance with that section; or
(b) section 25A of the Act applies to the person.
(4) An application under this regulation—
Reg. 85(4)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 67(a)).
(a) must be made to the Secretary, in a form approved by the Secretary; and
(b) must include—
(i) the applicant's personal particulars; and
Reg. 85
(4)(b)(ii) amended by S.R. No. 172/2019
reg. 5(Sch. 2 item 67(a)).
(ii) any evidence the Secretary reasonably requires to verify the personal particulars; and
Reg. 85
(4)(b)(iii) amended by S.R. No. 172/2019
reg. 5(Sch. 2 item 67(a)).
(iii) any other evidence the Secretary reasonably requires; and
(iv) details of the reduced disqualification or suspension that is being sought.
Reg. 85(5) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 67(b)).
(5) The Secretary may require evidence under subregulation (4)(b)(iii) to determine—
(a) whether the person would have been eligible for a reduced period; and
(b) in what circumstances the person would have been so eligible; and
(c) what period of disqualification or suspension has already been served (if any) in the relevant jurisdiction; and
(d) whether the person suffers from a medical condition that is relevant to the imposition of special conditions under regulation 87(2)(c); and
(e) the extent to which the person has already complied with any requirements of the law of the relevant jurisdiction.
Example
An example of compliance with the requirements of the law of the relevant jurisdiction may be that the person has already been driving in that jurisdiction with an alcohol interlock device fitted to that person's motor vehicle for a period of time while the disqualification was stayed or suspended.