Victorian Numbered Regulations

ROAD SAFETY (DRIVERS) REGULATIONS 2019 (SR NO 100 OF 2019) - REG 85

    (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

              (ii)     disqualified from obtaining a driver licence or learner permit in the relevant jurisdiction; or

              (iii)     disqualified from obtaining a class of driver licence or learner permit in the relevant jurisdiction; or

              (iv)     subject to a driver licence or learner 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

        (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 VicRoads, returned or surrendered that driver licence or learner permit to VicRoads.

    (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—

        (a)     VicRoads, 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—

        (a)     must be made to VicRoads, in a form approved by VicRoads; and

        (b)     must include—

              (i)     the applicant's personal particulars; and

              (ii)     any evidence VicRoads reasonably requires to verify the personal particulars; and

              (iii)     any other evidence VicRoads reasonably requires; and

              (iv)     details of the reduced disqualification or suspension that is being sought.

    (5)     VicRoads 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.