Victorian Consolidated Regulations

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ROAD SAFETY (DRIVERS) REGULATIONS 2009

S.R. No. 95/2009
Version incorporating amendments as at  8 November 2011

TABLE OF PROVISIONS

           Regulation Page

   PART 1-PRELIMINARY

   1.      Objectives
   2.      Authorising provisions
   3.      Commencement
   4.      Revocation
   5.      Definitions

   PART 2-DRIVER LICENCES AND LEARNER PERMITS

           Division 1-Authority to drive motor vehicle

   6.      Categories of motor vehicles for licensing purposes
   7.      Authority given by motor cycle licence or motor cycle learner permit
   8.      Authority given by car driver licence or car learner permit
   9.      Authority given by light rigid vehicle licence
   10.     Authority given by medium rigid vehicle licence
   11.     Authority given by heavy rigid vehicle licence
   12.     Authority given by heavy combination vehicle licence
   13.     Authority given by multi-combination vehicle licence
   14.     Category of driver licence or learner permit may be shown
           by code
   15.     Exemption for driver under instruction
   16.     Exemption for driver under assessment
   17.     Exemption for holder of licence or permit issued outside
           Victoria
   18.     Exceptions to exemption under regulation 17.

           Division 2-Prescribed requirements for grant or variation of
           driver licence

   19.     Prescribed requirements for driver licence
   20.     Exemption from requirement
   21.     Requirement for car driver licence
   22.     Additional requirements for car driver licence applicant under
           the age of 21 years
   23.     Requirement for motor cycle licence
   24.     Requirement for light rigid vehicle licence or medium rigid vehicle licence
   25.     Requirement for heavy rigid vehicle licence
   26.     Requirement for heavy combination vehicle licence
   27.     Requirement for multi-combination vehicle licence
   28.     Calculating periods for which a person has held a driver licence

           Division 3-Procedures for grant or variation of driver licence or grant of learner permit

   29.     Mandatory refusal for specified applicants
   30.     Prescribed procedures for application for the grant or variation
           of driver licence or grant of learner permit
   31.     Car driver licence applicants under the age of 21 years
   32.     Consideration of application and decision
   33.     Refusal of application
   34.     Applicants who have a licence or permit issued outside
           Victoria
   35.     Licence or permit issued in another jurisdiction
   36.     Conditions if exemption granted
   37.     Conditions of driver licences or learner permits

           Division 4-Renewal of licence

   38.     Renewal notice
   39.     Application for renewal of a driver licence
   40.     Renewal or refusal to renew driver licence
   41.     Term of renewed driver licence

           Division 5-Learner drivers

   42.     Term of learner permit
   43.     Surrender of learner permit
   44.     Renewal or refusal to renew learner permit
   45.     Application for renewal of a car learner permit
   46.     Restrictions affecting learner drivers
   47.     Learner driver must display L plates

           Division 6-Probationary drivers

   48.     Probationary driver licence
   49.     P1 probationary driver licence
   50.     P2 probationary driver licence
   51.     Transition from P1 probationary driver licence to P2 probationary driver licence
   52.     Extension of probationary driver licence
   53.     Variation of P2 probationary driver licence to P1 probationary driver licence
   54.     Variation of full driver licence to P2 probationary driver
           licence
   55.     Probationary driver must display P plates
   56.     Probationary prohibited vehicles
   57.     Offence to drive probationary prohibited vehicle
   58.     Restrictions affecting certain motor cycle riders
   59.     Towing of vehicles by P1 probationary drivers
   60.     Passenger restriction for probationary drivers
   61.     Peer passenger restriction for P1 probationary drivers

           Division 7-Driver licence document and learner permit document

   62.     Issue of document upon grant, variation or renewal of driver licence or grant or renewal of learner permit
   63.     Form of driver licence or learner permit document
   64.     Replacement of driver licence or learner permit document
   65.     Correction of driver licence or learner permit

           Division 8-Miscellaneous

   66.     Records to be kept by Corporation
   67.     Change of personal particulars or condition
   68.     Tests
   69.     Verification of records
   70.     Notification of certain offences
   71.     Exemption for consular or diplomatic staff

   PART 3-VARIATION, SUSPENSION OR CANCELLATION
   OF DRIVER LICENCE OR LEARNER PERMIT

           Division 1-Demerit points

   72.     Definitions for Division 1.
   73.     Corporation to record demerit points
   74.     Record of day on which offence was committed
   75.     Notice to be given to other jurisdictions
   76.     Demerit points recorded against person who does not hold Australian driver licence or Australian learner permit
   77.     Notification of too many demerit points
   77A.    Cancellation of certain demerit points

           Division 2-Variation, suspension and cancellation by Corporation

   78.     Variation, suspension or cancellation of driver licence or
           learner permit on the ground that person is unfit to drive or
           that is dangerous for person to drive
   79.     Other grounds for variation, suspension or cancellation of
           driver licence or learner permit
   80.     Procedure for variation, suspension or cancellation of driver licence or suspension or cancellation of learner permit
   81.     Return of driver licence or learner permit

   PART 4-REVIEW AND APPEAL RIGHTS

           Division 1-Definition

   82.     Definitions for Part 4.

           Division 2-Review

   83.     Affected person entitled to be given reasons for relevant
           decision
   84.     Internal review

           Division 3-Appeals to Magistrates' Court

   85.     Time for appeal
   86.     Appellant must give notice of appeal
   87.     Particulars of order to be given to Corporation
   88.     Appeals about demerit points

   PART 5-FATIGUE MANAGEMENT FOR HEAVY VEHICLE DRIVERS

   89.     Calculation of time
   90.     Calculating time within the participating zone
   91.     Calculating time from outside the participating zone
   92.     Reset rest breaks when changing work/rest hours option
   93.     Accreditation fees
   94.     Accreditation record requirements
   95.     Emergency services
   96.     Approval of certain matters by the Australian Transport
           Council
   97.     Application for work diary exemption
   98.     Form of written work diaries
   99.     Issue of written work diaries
   100.    Approval of electronic work diaries
   101.    Labelling of electronic work diary devices
   102.    Variation or cancellation of approval on application
   103.    Variation or cancellation of approval-without application
   104.    Notice of variation of approval
   105.    Removal of electronic work diary approval label
   106.    Corporation may permit the use of diaries whose approval
           has been cancelled

   PART 6-FEES

   107.    Definitions for Part 6.
   108.    Fees
   109.    Reduced licence renewal fee for good drivers
   110.    Replacement learner log book fee
   111.    Search and extract fees
   112.    Application of fees
   113.    Refund of fees if driver licence cancelled
   114.    Reduction, waiver or refund of fees

   PART 7-TRANSITIONAL PROVISIONS

   115.    Driver licences or learner permits granted under revoked regulations
           __________________
           SCHEDULE 1-Revocations
           SCHEDULE 2-Codes used to Indicate Driver Licence or Learner
           Permit Subject to Conditions
           SCHEDULE 3-Demerit Points
           SCHEDULE 4-Offences which Disqualify Drivers from Licence Renewal Fee Reductions
           SCHEDULE 5-General Fees
           SCHEDULE 6-Search and Extract Fees
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details


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