Victorian Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ROAD SAFETY (DRIVERS) (YOUNG DRIVERS) INTERIM REGULATIONS 2007 (SR NO 72 OF 2007) - REG 10

New regulation 211 substituted

r. 10

For regulation 211 of the Principal Regulations substitute

    "     211     High powered motor vehicles

    (1)     Subject to subregulation (2), for the purpose of regulation 211A, a high powered motor vehicle is a motor vehicle (other than a motor cycle or motor trike) which—

        (a)     has an engine with 8 cylinders or more; or

        (b)     has an engine which is turbocharged or supercharged (other than a diesel powered vehicle); or

        (c)     has an engine that has been modified to increase the vehicle's performance (other than a modification made by the manufacturer in the course of the manufacture of the vehicle); or

        (d)         is declared by the Corporation under subregulation (4)(a) to be a high powered motor vehicle for the purposes of this regulation; or

        (e)     has a modification declared by the Corporation under subregulation (4)(b) to be a high powered modification.

    (2)     A "high powered motor vehicle" does not include a vehicle declared by the Corporation under subregulation (4)(c) not to be a high powered motor vehicle.

    (3)         For the purpose of subregulation (1)(b), an engine is turbocharged if a turbocharger is installed in the vehicle, whether or not it is otherwise attached to the engine.

    (4)     For the purpose of this regulation, the Corporation, by notice published in the Government Gazette, may—

        (a)     declare that a vehicle or class of vehicle is a high powered motor vehicle;

        (b)     declare that a modification to a vehicle or type of modification to a vehicle is a high powered modification;

        (c)     declare that a vehicle, other than a vehicle with an engine having 8 cylinders or more, is not a high powered motor vehicle.

        211A     Offence to drive high powered motor vehicle

r. 10

    (1)         The holder of a probationary driver licence must not drive a high powered motor vehicle on a highway.

Penalty:     10 penalty units.

    (2)     Subregulation (1) does not apply to—

        (a)     the holder of a probationary driver licence who is driving a high powered motor vehicle in the course of his or her employment and at the request of his or her employer; or

        (b)     the holder of a probationary driver licence who is exempt from the requirement in subregulation (1) by the Corporation in accordance with subregulation (3); or

        (c)     a member of the police force who, in the course of duty, is driving a motor vehicle; or

        (d)     a person who is driving a high powered motor vehicle that is also a heavy vehicle if—

              (i)     that person does not hold a driver licence that authorises the holder to drive that motor vehicle; and

              (ii)         he or she is the holder of a driver licence of another category; and

              (iii)         a person who holds an Australian driver licence which is appropriate for the category of vehicle that is being driven is sitting beside him or her; and

              (iv)     there is a driver under instruction plate affixed to, and facing out from, the front and rear of the vehicle.

    (3)     The Corporation, by instrument in writing, may exempt the holder of a probationary driver licence from the requirement of subregulation (1) if the nature of that person's employment or family circumstances is such that compliance with the regulation would impose undue hardship on the person or the person's family having regard to the likely effect of the exemption on safe, efficient and equitable road use in Victoria.

        211B     Engine capacity limit for holders of probationary motor cycle licence or learner permit

    (1)     The holder of a motor cycle licence who has held that licence for a period of less than 12 months must not—

        (a)     drive a motor cycle with an engine capacity exceeding 260 cubic centimetres; or

        (b)     drive a motor cycle on which there is a pillion passenger.

Penalty:     3 penalty units.

    (2)     The holder of a motor cycle learner permit must not—

        (a)     drive a motor cycle with an engine capacity exceeding 260 cubic centimetres; or

        (b)     drive a motor cycle on which there is a pillion passenger.

Penalty:     3 penalty units.

    (3)     If the Corporation is satisfied that a person has motor cycle driving experience in another Australian State or Territory or another country, it may specify in the licence a shorter period than that required in subregulation (1).

    (4)     Subregulations (1)(a) and (2)(a) do not apply to a member of the police force who, in the course of duty, is driving a motor cycle on which there is no pillion passenger.".



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback