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ROAD SAFETY (DRIVERS) REGULATIONS 2009 (SR NO 95 OF 2009) - REG 57

Offence to drive probationary prohibited vehicle

r. 57

    (1)         The holder of a probationary driver licence must not drive a probationary prohibited 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 probationary prohibited vehicle—

              (i)     in the course of his or her employment and at the request of his or her employer; or

              (ii)     subject to subregulation (3), in the course of his or her business or to or from the workplace of that business; 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 (4); 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 probationary prohibited 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)     Subregulation (2)(a)(ii) applies only if an Australian Business Number is in force in relation to the person's business.

    (4)     The Corporation, by written instrument, may exempt the holder of a probationary driver licence from the requirement of subregulation (1) if—

        (a)     the vehicle has an engine that is—

              (i)     turbocharged or supercharged; and

              (ii)     has a power mass ratio of less than 100 kW per tonne; or

        (b)     the vehicle has 4 or more seats, and has an engine that is—

              (i)     turbocharged or supercharged; and

              (ii)     has a power mass ratio of 100 kW per tonne or more but less than 125 kW per tonne; or

        (c)     the nature of that person's occupation, essential activities or family circumstances is such that compliance with the regulation would impose undue hardship on the person or the person's family.

Note

Under regulation 36, the Corporation may impose conditions on a driver licence issued to a person for whom a requirement has been dispensed with under this regulation.

    (5)     In deciding whether or not to grant an exemption under subregulation (4)(b), the Corporation must have regard to—

        (a)     the likely effect of the decision on safe, efficient and equitable road use in Victoria;

        (b)     the characteristics of the vehicle, including whether it is designed for sports performance rather than family use.

    (6)     In deciding whether or not to grant an exemption under subregulation (4)(c), the Corporation must have regard to     the likely effect of the decision on safe, efficient and equitable road use in Victoria.        

    (7)     In this regulation—

"power mass ratio", in relation to a motor vehicle, means the ratio between the power output of the engine of the motor vehicle at the time of its manufacture including any additional output resulting from any modification to the motor vehicle after its manufacture expressed in kilowatts and the unladen mass of the motor vehicle expressed in tonnes.



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