ROAD SAFETY (VEHICLES) REGULATIONS 2009

Victorian Consolidated Regulations

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ROAD SAFETY (VEHICLES) REGULATIONS 2009 - NOTES

S.R. No. 118/2009
Version incorporating amendments as at  3 April 2012

ENDNOTES

1. General Information
The Road Safety (Vehicles) Regulations 2009, S.R. No. 118/2009 were made on 7 October 2009 by the Governor in Council under section 95 of the Road Safety Act 1986, No. 127/1986 and came into operation on 9 November 2009: regulation 3.
The Road Safety (Vehicles) Regulations 2009 will sunset 10 years after the day of making on 7 October 2019 (see section 5 of the Subordinate Legislation Act 1994).
2. Table of Amendments
This Version incorporates amendments made to the Road Safety (Vehicles) Regulations 2009 by statutory rules, subordinate instruments and Acts.
-------------------------------------------------------------
Road Safety (Vehicles) Amendment Regulations 2010, S.R. No. 26/2010
Date of Making:
11.5.10
Date of Commencement:
11.5.10
Road Safety (Vehicles) Amendment (Heavy Vehicles Charges) Regulations 2010, S.R. No. 33/2010
Date of Making:
25.5.10
Date of Commencement:
1.7.10: reg. 3
Road Safety (Drivers) and Road Safety (Vehicles) Amendment (Fees) Regulations 2010, S.R. No. 35/2010
Date of Making:
1.6.10
Date of Commencement:
Regs 6-9 on 1.7.10: reg. 3
Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2010, S.R. No. 80/2010
Date of Making:
17.8.10
Date of Commencement:
17.8.10
Road Safety (Vehicles) Amendment (Club Permit) Regulations 2010, S.R. No. 116/2010
Date of Making:
19.10.10
Date of Commencement:
1.2.11: reg. 3 
Road Safety (Vehicles) Amendment (Fees) Regulations 2010, S.R. No. 136/2010
Date of Making:
26.10.10
Date of Commencement:
26.10.10
Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2011, S.R. No. 51/2011
Date of Making:
28.6.11
Date of Commencement:
Regs 22-50 on 1.7.11: reg. 3
Road Safety (Vehicles) Amendment (Fees) Interim Regulations 2012, S.R. No. 10/2012
Date of Making:
21.2.12
Date of Commencement:
Reg. 5 on 1.4.12: reg. 3(1)
Road Safety (Vehicles) Amendment (Fire Services Commissioner) Regulations 2012, S.R. No. 25/2012
Date of Making:
3.4.12
Date of Commencement:
3.4.12
-------------------------------------------------------------
3. Explanatory Details

1 Sch. 2 cl. 148(1): S.R. No. 10/2003.  --
Fee Units
Reprint No. 1 as at 23 October 2008.  Reprinted to S.R. No. 65/2006.
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2011 is $12.22.  The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004.  The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991.  The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2011 is $122.14.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004.  The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
--
Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004
Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.
Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Definition of United Nations electronic stability control standard in regulation 5(1)
Global technical regulation No. 8 published by the United Nations Economic Commission for Europe and established in the Global Registry on 26 June 2008 [ECE/TRANS/180/Add.8], as amended by the Corrigendum established in the Global Registry on 12 November 2008 [ECE/TRANS/180/ Add.8/Corr.2]
The whole
Definition of forward-control passenger vehicle (MB) in regulation 5(1)
Vehicle Standard (Australian Design Rule - Definitions and Vehicle Categories) 2005 Compilation 3, dated 19 September 2007, published by the Commonwealth Department of Transport and Regional Services
The whole






Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Definition of off-road passenger vehicle (MC) in regulation 5(1)
Vehicle Standard (Australian Design Rule - Definitions and Vehicle Categories) 2005 Compilation 3, dated 19 September 2007, published by the Commonwealth Department of Transport and Regional Services
The whole
Definition of passenger car (MA) in regulation 5(1)
Vehicle Standard (Australian Design Rule - Definitions and Vehicle Categories) 2005 Compilation 3, dated 19 September 2007, published by the Commonwealth Department of Transport and Regional Services
The whole
Regulation 5 and clause 3 (definitions of 50 millimetre kingpin and 90 millimetre kingpin) and clauses 165, 166 and 167 of Schedule 2
Australian Standard 
AS 2175-1990 Articulated Vehicles Kingpins
The whole
Regulation 5 and clause 3 (definition of road tank vehicle) of Schedule 2
Australian Code for the Transport of Dangerous Goods by Road and Rail, seventh edition implemented by 31 December 2008
Volume 1 Division 1.1-Interpretation


Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 5, 21 and Part 3 of Schedule 2
Vehicle Standards Bulletin No. 6 - Heavy Vehicle Modifications and Vehicle Standards Bulletin No. 14 National Code of Practice for Light Vehicle Construction and Modifications, both published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Local Government
The whole
Regulation 5 and clauses 17 and 19 of Schedule 2
Australian Design Rules for Motor Vehicle Safety and Trailers, second edition, published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Local Government
The whole
Regulation 5 and clauses 18 and 20 of Schedule 2
Australian Design Rules for Motor Vehicles and Trailers, third edition, published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Local Government
The whole
Regulation 5 and clauses 3 and clause 23(2)(a) of Schedule 2
Australian/New Zealand Standard AS/NZS 2596:2003: Seat belt assemblies for motor vehicles, published by jointly by Standards Australia and Standards New Zealand on 29 December 2003; and the relevant British Standard for seat belts
The whole

Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 5 and clause 23(2)(b) of Schedule 2
Second and third edition ADR 5
The whole
Regulation 5 and clause 23(2)(c) of Schedule 2
Second edition ADR 34; third edition ADR 5 and 34
The whole
Regulation 5 and clause 23(2)(d) of Schedule 2
Second and third edition ADR 22
The whole
Regulation 5 and clause 33(1)(b) of Schedule 2
British Standard 
AU200-1a:1984 Spray Reducing Devices for Heavy Goods Vehicles, published by the British Standards Institute on 13 August 1984
Parts 1 and 2 
Regulation 5 and clause 41(3) of Schedule 2
Australian Standard 
AS 2513-1982 Electrical Connections for Trailer Vehicles
The whole
Regulation 5 and clause 41(5) of Schedule 2 
Third edition ADR 63
The whole





Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 5 and clause 43(2) of Schedule 2 
Australian Standard 
AS R1-1965 Safety Glass for Land Transport; Australian Standard AS R1-1968 Safety Glass for Land Transport; Australian Standard 
AS 2080-1977 Safety Glass for Vehicles; British Standard BS 857:1967 Specification for Safety Glass for Land Transport; British Standard BS 5282:1975 Road Vehicle Safety Glass; British Standard BS AU178:1980 Road Vehicle Safety Glass; Japanese Industrial Standard JIS R 3211-1979 Safety Glasses for Road Vehicles; American National Standard ANSI Z26.1-1980 Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highway
The whole
Regulation 5 and clause 53 of Schedule 2
Australian Standard 
AS 1973-1976 Retreaded Pneumatic Passenger Car and Light Truck Tyre; Australian Standard AS 1973-1985 Retreaded Pneumatic Passenger and Light Truck Tyre; Australian Standard AS 1973-1993 Pneumatic Tyres-Passenger Car, Light Truck and Truck/Bus-Retreading and Repair Processes, published by Standards Australia on 15 November 1993
The whole

Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 5 and clause 62(3) of Schedule 2
Australian Standard 
AS 1744-1975 Forms of Letters and Numerals for Road Signs, published by Standards Australia on 20 January 1975
The whole
Regulation 5 and clauses 62(7) and 117(3) of Schedule 2
Australian Standard AS 1906 Retro-reflective Materials and Devices for Road Traffic Control Purposes
Part 1
Regulation 5 and clause 116(7) of Schedule 2 
Third edition ADR 6
The whole
Regulation 5 and clauses 117(1) and 117(2) of Schedule 2
Australian Standard AS 1743 - Road Signs 
Image W6-3
Regulation 5 and clause 119(1) of Schedule 2
Vehicle Standards Bulletin No. 12 - Rear Marking Plates, published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Local Government
The whole
Regulation 5 and clauses 136(1) and 137 of Schedule 2 
Second edition ADR 35A; third edition ADR 35
The whole
Regulation 5 and clause 136(2) of Schedule 2
Third edition ADR 64
Clause 64.5.2
Regulation 5 and clause 138 of Schedule 2
Second edition ADR 38; third edition ADR 38; third edition ADR 38/01
The whole

Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 5 and clause 143(2) of Schedule 2
Australian Standard 
AS D8-1971 Hose Couplings for Use with Vacuum and Air-Pressure Braking Systems on Prime Movers, Trailers and Semi-Trailers
The whole
Regulation 5 and clause 154(1)(a) of Schedule 2
Australian Standard AS 1425 LP Gas Fuel Systems for Vehicle Engines in force as at the commencement of clause 154(1)(a)
The whole
Regulation 5 and clause 154(3)(c) of Schedule 2
Australian Standard 
AS 1742-1975 Manual of Uniform Traffic Control Devices, Appendix C, Class 2
Material related to class NP
Regulation 5 and clause 155 of Schedule 2
Third edition ADR 65
The whole
Regulation 5 and clauses 161, 163 and 164 of Schedule 2
Australian Standard 
AS 1773-1990 Articulated Vehicles-Fifth Wheel Assemblies; and Australian Standard AS 1771-1987 Installation of Fifth Wheel and Turntable Assemblies
The whole
Regulation 5 and clauses 168 and 170 of Schedule 2
Australian Standard 
AS 2213-1984 50mm Pin Type Couplings and Drawbar Eyes for Trailers
The whole



Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 5 and clause 174 of Schedule 2
ADR 8 Safety Glass; ADR 12 Glare Reduction in Field of View; ADR 14 Rear Vision Mirrors; ADR 16 Windscreen Wipers and Washers; 
ADRs 18 and 18A Location and Visibility of Instruments: ADRs 35 and 35A Commercial Vehicle Braking Systems
The whole
Regulation 21(3)(c)(i)
Vehicle Standards Bulletin No. 14 - National Code of Practice for Light Vehicle Construction and Modification, published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Local Government
The whole
Regulation 164 and clauses 12, 32, 43 and 47 of Schedule 8, and clauses 22 and 28 of Schedule 9
"Height Clearance on Roads" published by VicRoads in January 2000
The whole
Regulation 187 and clauses 12, 32, 43 and 47 of Schedule 8
"Height Clearance on Roads" published by VicRoads in January 2000
The whole
Regulation 172 and clauses 62(7) and 117(3)(c) of Schedule 2 and clauses 9(6)(b), 14(1)(a), 53(1)(a) of Schedule 7
Australian Standard 1906 Retro-reflective Materials and Devices for Road Traffic Control Purposes
The whole

Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 172 and clauses 17(1) and 56(1) of Schedule 7
Australian Standard 
1744-1975, "Forms of Letters and Numerals for Road Signs known as Standard Alphabets for Road Signs (metric units)", published by Standards Australia on 20 January 1975
The whole
Regulation 172 and clause 36(1) of Schedule 7
Third edition ADR 13
The whole
Regulation 248(2)
Load Restraint Guide, second edition 2004, published by the National Transport Commission
The whole
Regulations 5 and 33
Global technical regulation No. 8 published by the United Nations Economic Commission for Europe and established in the Global Registry on 26 June 2008 [ECE/TRANS/180/Add.8], as amended by the Corrigendum established in the Global Registry on 12 November 2008
[ECE/TRANS/180/Add.8/Corr.2]
The whole
Clause 148A of Schedule 2
In-Service Motor Vehicles - September 2006 (ISBN: 1 9211 68 50 1) published by National Transport Commission
The whole
--

Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004
The following table of applied, adopted or incorporated matter was included in S.R. No. 26/2010 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.
Statutory Rule Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 4 which amends the definition of complying bus in regulation 5 of the Road Safety (Vehicles) Regulations 2009
Third edition ADR 44
Third edition ADR 59
Third edition ADR 68
The whole
The whole
The whole
Regulation 10 which amends regulation 34 of the Road Safety (Vehicles) Regulations 2009
Third edition ADR 31/02
Third edition ADR 35/03
The whole
The whole

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Road Safety (Vehicles) Regulations 2009
S.R. No. 118/2009