{"id":"sr:road-safety-automated-vehicles-regulations-2018","name":"Road Safety (Automated Vehicles) Regulations 2018","slug":"road-safety-automated-vehicles-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183282,"registerId":"vic-sr:road-safety-automated-vehicles-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Road Safety (Automated Vehicles) Regulations 2018","content":"Version No. 003\n\n**Road Safety (Automated Vehicles) Regulations 2018**\n\n**S.R. No. 120/2018**\n\nVersion incorporating amendments as at  \n1 January 2020\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objective 1\n\n2 Authorising provision 2\n\n3 Commencement 2\n\n4 Definitions 2\n\nPart 2—ADS trials 6\n\n5 Prescribed purposes for an ADS trial 6\n\nPart 3—ADS permits 7\n\nDivision 1—When is an ADS permit required? 7\n\n6 Circumstances in which an ADS permit is required 7\n\n7 Categories of motor vehicles for which an ADS permit is required 7\n\nDivision 2—Application for an ADS permit 8\n\n8 Eligibility to hold an ADS permit 8\n\n9 Application for an ADS permit or variation or renewal of an ADS permit 8\n\n10 Additional requirements in relation to an application for grant of an ADS permit 11\n\n11 Tests and assessments 11\n\n12 Application to renew an ADS permit 12\n\nDivision 3—Conditions of an ADS permit 12\n\nSubdivision 1—Interpretation 12\n\n13 Interpretation 12\n\nSubdivision 2—Prescribed conditions 13\n\n14 Prescribed conditions 13\n\n15 General conditions 13\n\n16 Conditions relating to the vehicle supervisor 14\n\n17 Conditions relating to the automated vehicle 14\n\n18 Conditions relating to records and monitoring of the ADS trial 15\n\n19 Conditions relating to reporting 16\n\n20 Conditions at the end of the ADS trial 17\n\nDivision 4—Exemption from, or variation of the operation of the Act, the regulations or rules 18\n\n21 Application for an exemption or variation 18\n\n22 Provisions of the Act, regulations or rules that do not apply or apply with specified modifications 19\n\nDivision 5—Variation, suspension or cancellation of ADS permit 20\n\n23 Automatic suspension of ADS permit 20\n\n24 Variation, suspension or cancellation of ADS permit 20\n\n25 Procedures for variation, suspension and cancellation of ADS permit 22\n\n26 Effect of ADS permit variation, suspension or cancellation 23\n\nPart 4—Records 24\n\n27 ADS permit records 24\n\n═════════════\n\nEndnotes 26\n\n1 General information 26\n\n2 Table of Amendments 28\n\n3 Amendments Not in Operation 29\n\n4 Explanatory details 30\n\n**Version No.** **003**\n\n**Road Safety (Automated Vehicles) Regulations 2018**\n\n**S.R. No. 120/2018**\n\nVersion incorporating amendments as at  \n1 January 2020\n\nPart 1—Preliminary\n\n\t1 Objective\n\nThe objective of these Regulations is to provide for the following matters in relation to trials of automated vehicles under the **Road Safety Act 1986**—\n\n(a) requirements in relation to applications for the grant of an ADS permit;\n\n(b) the conditions on which an ADS permit may be granted or renewed;\n\n(c) the grounds on which an ADS permit may or must be cancelled, suspended or varied, and the procedures for cancellation, suspension or variation;\n\n(d) exemptions from, and modifications to, provisions of the Act, the regulations and rules made under the Act;\n\n(e) the particulars required to be included in safety management plans prepared in relation to trials of automated vehicles;\n\n(f) the collection of information and keeping of records to enable the identification of automated vehicles and the names and addresses of the persons responsible for those vehicles.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 95 of the **Road Safety Act 1986**.\n\n\t3 Commencement\n\n(1) These Regulations (except regulations 6 and 7) come into operation on the day on which they are made.\n\n(2) Regulations 6 and 7 come into operation on 28 September 2018.\n\n\t4 Definitions\n\nIn these Regulations—\n\n***access*** has the same meaning as in section 247A(1) of the **Crimes Act 1958**;\n\n***company*** has the same meaning as ***corporation*** has in section 57A of the Corporations Act;\n\n***company particulars*** in relation to a company means—\n\n(a) the name of the company; and\n\n(b) the Australian Company Number or Australian Registered Body Number (if applicable) of the company; and\n\n(c) the address of the registered office of the company; and\n\n(d) the postal address of the company; and\n\n(e) the business contact details of the company, including the name of a nominated contact person for enquiries regarding the application for an ADS permit and the contact person's telephone number and email address; and\n\n(f) the address for service of notices for the company;\n\n***car*** means a motor vehicle, other than a motor cycle or motor trike, that—\n\n(a) has a GVM of not more than 4·5 tonnes; and\n\n(b) is constructed or equipped to seat not more than 12 adults (including the driver);\n\n**Note**\n\n***GVM*** is defined in the Act.\n\n***carjacking*** has the same meaning as in section 79 of the **Crimes Act 1958**;\n\n***heavy combination vehicle*** means—\n\n(a) a prime mover to which is attached a single semi-trailer that has a GVM of more than 9 tonnes plus any unladen converter dolly; and\n\n(b) a rigid motor vehicle to which is attached a trailer that has a GVM of more than 9 tonnes plus any unladen converter dolly;\n\n***heavy rigid vehicle*** means—\n\n(a) a motor vehicle that has a GVM of more than 8 tonnes and has 3 or more axles (whether or not the wheels on those axles are on the road); and\n\n(b) a bus consisting of more than one rigid section which are connected to one another so as to allow rotary movement and passenger access between the sections;\n\n***impairment*** has the same meaning as in section 247A(1) of the **Crimes Act 1958**;\n\n***light rigid vehicle*** means a motor vehicle that—\n\n(a) has a GVM of more than 4·5 tonnes but not more than 8 tonnes; or\n\n(b) seats more than 12 adults (including the driver) and has a GVM of not more than 8 tonnes;\n\n***medium rigid vehicle*** means a motor vehicle that has a GVM of more than 8 tonnes and has no more than 2 axles;\n\n***multi-combination vehicle*** means any motor vehicle to which is attached more than one trailer (other than an unladen converter dolly);\n\n***OEDR*** has the same meaning as ***object and event detection and response (OEDR)*** has in SAE J3016;\n\n***operational design domain*** means the  specific conditions under which a given automated driving system or feature of that system is designed to function, including, but not limited to, environmental, geographical and time of day restrictions, and the presence or absence of certain traffic or roadway characteristics;\n\n***personal particulars*** in relation to a natural person means that person's—\n\n(a) first name, second and third initials (if any) and family name; and\n\n(b) date of birth; and\n\n(c) current residential address; and\n\n(d) email address; and\n\n(e) telephone number;\n\n***road authority***  has the same meaning as in the **Road Management Act 2004**;\n\n***SAE J3016*** means the  SAE International Standard J3016 as amended, varied and published from time to time;\n\n***the Act***  means the  **Road Safety Act 1986**;\n\n***theft*** has the same meaning as in section 72 of the **Crimes Act 1958**.\n\nPart 2—ADS trials\n\n\t5 Prescribed purposes for an ADS trial\n\nFor the purposes of paragraph (d) of the definition of ***ADS trial*** in section 3(1) of the Act, the following are purposes for which a trial on a highway of the automated driving system of an automated vehicle may be conducted—\n\n(a) to enable a road authority to monitor and manage the use and impacts of the automated driving system on a highway;\n\nReg. 5(b) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 1).\n\n(b) to assist the Secretary to perform the Secretary's functions under the Act and the **Transport Integration Act 2010**.\n\nPart 3—ADS permits\n\nDivision 1—When is an ADS permit required?\n\n\t6 Circumstances in which an ADS permit is required\n\n(1) For the purposes of sections 33I and 33J of the Act, an ADS permit is required to operate the automated driving system of an automated vehicle in automated mode on a highway in an ADS trial.\n\n(2) For the avoidance of doubt, an ADS permit is not required for the operation of a vehicle that is equipped with one or more systems or functions that when activated, individually or in combination, are not capable of performing the dynamic driving task within a particular operational design domain.\n\n\t7 Categories of motor vehicles for which an ADS permit is required\n\n(1) The categories of motor vehicles for which an ADS permit is required are any of the following motor vehicles that are equipped with an automated driving system—\n\n(a) motor cycles or motor trikes;\n\n(b) cars;\n\n(c) light rigid vehicles;\n\n(d) medium rigid vehicles;\n\n(e) heavy rigid vehicles;\n\n(f) heavy combination vehicles;\n\n(g) multi-combination vehicles.\n\n(2) For each category of automated vehicle referred to in subregulation (1) there is a corresponding category of ADS permit with the same name.\n\nDivision 2—Application for an ADS permit\n\n\t8 Eligibility to hold an ADS permit\n\nFor the purposes of section 33D(2)(b) of the Act, the following eligibility criteria are prescribed—\n\n(a) in the case of an applicant who is a natural person—the applicant has a full Australian driver licence;\n\n(b) in the case of an applicant who is a company, the applicant is not—\n\n(i) insolvent within the meaning of section 95A of the Corporations Act; or\n\n(ii) an externally-administered company within the meaning of the Corporations Act;\n\n(c) in any case, the applicant has complied with—\n\n(i) the requirements of regulations 9 and 10 in relation to the application; and\n\n(ii) any requirements imposed by the ADS guidelines.\n\n\t9 Application for an ADS permit or variation or renewal of an ADS permit\n\n(1) For the purposes of section 33C(2)(b) of the Act, the following details must be contained in an application—\n\n(a) in the case of an applicant who is a natural person, the applicant's personal particulars;\n\n(b) in the case of an applicant who is a company, the applicant's company particulars;\n\n(c) details of the automated driving system, the operational design domain of the automated driving system and any other technology intended to be used in the ADS trial;\n\n(d) details of each automated vehicle to be used in the ADS trial;\n\n(e) details of any modification of the automated vehicle;\n\n(f) the garage address of the automated vehicle to be used in the ADS trial;\n\n(g) in relation to each vehicle supervisor—\n\n(i) the vehicle supervisor's personal particulars; and\n\n(ii) information regarding the vehicle supervisor's competence and capacity, including relevant knowledge, skills, experience, training and qualifications; and\n\n(iii) details of the vehicle supervisor's driver licence;\n\n(h) the objectives of the ADS trial;\n\n(i) details of the activities to be conducted in the ADS trial;\n\n(j) details of the ADS trial location;\n\n(k) the dates, days and times of the ADS trial.\n\n(2) An application for an ADS permit or variation or renewal of an ADS permit must be accompanied by—\n\n(a) a copy of a safety management plan that—\n\n(i) identifies the safety risks of the ADS trial; and\n\n(ii) identifies the risks to the reliability, security and operation of the automated driving system to be used in the ADS trial; and\n\n(iii) specifies what the applicant will do to eliminate or reduce those risks so far as is reasonably practicable; and\n\n(iv) addresses the safety criteria set out in the ADS guidelines; and\n\n(b) a copy of the current certificate of registration for each automated vehicle to be used during the ADS trial, if applicable; and\n\n(c) a copy of the certificate of insurance against public liability for personal injury or damage to property in connection with the ADS trial; and\n\n(d) any additional information required under regulation 10 or the ADS guidelines.\n\n(3) An application for an ADS permit or variation or renewal of an ADS permit must—\n\n(a) be signed by the applicant; and\n\n(b) if the applicant is not an individual, be made under the direction of, or with the authority of, the applicant and be endorsed—\n\n(i) if the applicant is a company—in accordance with section 127 of the Corporations Act; or\n\n(ii) in any other case—by its governing body.\n\nReg. 10 amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 2).\n\n\t10 Additional requirements in relation to an application for grant of an ADS permit\n\nFor the purposes of section 33C(3)(a)(iii) of the Act, the Secretary may require the applicant for the grant of an ADS permit to—\n\n(a) prepare a traffic management plan; and\n\n(b) take out and maintain insurance in accordance with the ADS guidelines; and\n\n(c) amend the safety management plan to comply with the ADS guidelines; and\n\n(d) produce evidence of compliance with the requirements of the Act and regulations or rules made under the Act and with other laws of Victoria or the Commonwealth in accordance with the ADS guidelines.\n\n\t11 Tests and assessments\n\nFor the purposes of section 33K(3)(a)(i) of the Act, a test or assessment of the class described in column 1 of the following Table must be conducted by a person or class of person described opposite the test or assessment in column 2 of the Table.\n\nReg. 11 (Table) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 3).\n\n**Table**\n\n| *Column 1*<br>*Class of test or assessment* | *Column 2*<br>*Prescribed class of person* |\n| --- | --- |\n| Drive test | Employees in the Department, authorised officers under the Heavy Vehicle National Law (Victoria) and other persons authorised in writing by the Secretary. |\n| Assessment of the automated driving system | Employees in the Department, authorised officers under the Heavy Vehicle National Law (Victoria) and other persons authorised in writing by the Secretary. |\n\n\n\t12 Application to renew an ADS permit\n\nFor the purposes of section 33E(2) of the Act, an applicant for a renewal of an ADS permit must—\n\n(a) have complied with the conditions of the ADS permit; and\n\n(b) meet the eligibility criteria set out in regulation 8; and\n\nReg. 12(c) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 4).\n\n(c) submit to the Secretary, an application that complies with the requirements of regulation 9; and\n\nReg. 12(d) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 4).\n\n(d) if required by the Secretary—\n\nReg. 12(d)(i) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 4).\n\n(i) comply with any additional requirement imposed by the Secretary in accordance with regulation 10; and\n\n(ii) produce the automated vehicle specified in the ADS permit for a test or an assessment to determine if it may be operated safely on a highway.\n\nDivision 3—Conditions of an ADS permit\n\nSubdivision 1—Interpretation\n\n\t13 Interpretation\n\nIn this Part—\n\n***modification*** has the same meaning as in section 247A(1) of the **Crimes Act 1958**;\n\n***serious incident*** means any of the following—\n\n(a) an accident involving an automated vehicle;\n\n(b) a speeding offence under section 65B of the Act or Part 3 of the Road Rules involving an automated vehicle;\n\n(c) an offence under Part 6, 7 or 10 of the Road Rules involving an automated vehicle;\n\n(d) theft or carjacking of an automated vehicle;\n\n(e) tampering with, unauthorised access to, modification of, or impairment of the automated driving system of an automated vehicle;\n\n(f) failure of an automated driving system of an automated vehicle that would impair the reliability, security or operation of that automated driving system.\n\nSubdivision 2—Prescribed conditions\n\n\t14 Prescribed conditions\n\nFor the purposes of section 33G(1)(b) of the Act, an ADS permit is subject to the conditions set out in this Division.\n\n\t15 General conditions\n\nAn ADS permit is subject to the following conditions—\n\n(a) the ADS permit holder must maintain during the period of the ADS permit—\n\n(i) a safety management plan; and\n\nReg. 15(a)(ii) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 5).\n\n(ii) current insurance against public liability for personal injury or damage to property and any other insurance policies required by the Secretary to comply with the ADS guidelines;\n\n(b) the ADS permit holder must ensure that—\n\n(i) all relevant permits, approvals, accreditations or consents have been obtained prior to conducting the ADS trial and remain in place for the period of the ADS permit; and\n\n(ii) no penalties in respect of the use of the automated vehicle are outstanding;\n\n(c) the ADS permit holder must comply with the requirements of the Act and the regulations and rules made under the Act.\n\n\t16 Conditions relating to the vehicle supervisor\n\nA vehicle supervisor of an automated vehicle must—\n\n(a) have the applicable ADS permit document in the vehicle supervisor's possession at all times while driving or in charge of the automated vehicle; and\n\n(b) comply with the requirements of the Act and the regulations and rules made under the Act; and\n\n(c) comply with the conditions of the ADS permit.\n\n\t17 Conditions relating to the automated vehicle\n\n(1) An ADS permit holder must only use the automated vehicle to which the ADS permit applies in automated mode on a highway—\n\n(a) in connection with the activities specified in the ADS permit; and\n\n(b) in accordance with the safety management plan relating to the permit; and\n\n(c) in accordance with any traffic management plan relating to the permit; and\n\n(d) within the operational design domain of the automated driving system.\n\nReg. 17(2) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 6).\n\n(2) An ADS permit holder must display the document, mark, sign or symbol issued by the Secretary in relation to the ADS permit—\n\n(a) if the ADS permit relates to an automated vehicle fitted with a windscreen or fixed windows—\n\n(i) to the lower left or near side portion of the front windscreen of the vehicle; or\n\n(ii) to any fixed window on the left or near side of the vehicle; or\n\n(b) in any other case, in accordance with conditions specified in the ADS permit.\n\n\t18 Conditions relating to records and monitoring of the ADS trial\n\n(1) An ADS permit holder must keep and maintain the following records in respect of an ADS trial authorised by the ADS permit—\n\n(a) all journeys taken by an automated vehicle in automated mode during the ADS trial, including the relevant location and specific days and hours when the ADS trial took place;\n\n(b) vehicle supervisors for each journey taken by an automated vehicle in automated mode during the ADS trial;\n\n(c) serious incidents that occur during the ADS trial;\n\n(d) all errors, failures or other problems arising from the use of the automated driving system during the ADS trial;\n\n(e) changes to the operational design domain and OEDR during the ADS trial.\n\n(2) An ADS permit holder must keep all records referred to in subregulation (1) for a period of 7 years.\n\n(3) If requested, an ADS permit holder must make the records of an ADS trial required to be kept under this regulation available for inspection by—\n\n(a) any police officer for the purposes of law enforcement and accident investigation; and\n\nReg. 18(3)(b) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 7).\n\n(b) the Secretary for the purposes of monitoring and managing ADS trials and the use of automated driving systems in automated vehicles on highways.\n\n\t19 Conditions relating to reporting\n\n(1) Within 24 hours of becoming aware of a serious incident that occurs during an ADS trial, the ADS permit holder must—\n\nReg. 19(1)(a) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 8).\n\n(a) notify the Secretary of that serious incident; and\n\nReg. 19(1)(b) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 8).\n\n(b) submit a serious incident report in the form approved by the Secretary.\n\nReg. 19(2) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 8).\n\n(2) An ADS permit holder must, at an interval specified in the ADS permit, give the Secretary a report in the approved form and manner detailing—\n\n(a) the total number of serious incidents during an ADS trial authorised by the ADS permit; and\n\nReg. 19(2)(b) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 8).\n\n(b) any information required by the Secretary for the purposes of monitoring and managing an ADS trial authorised by the ADS permit and the use of automated driving systems in automated vehicles on highways.\n\nReg. 19(3) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 8).\n\n(3) An ADS permit holder must notify the Secretary of any change of vehicle supervisors specified in the ADS permit prior to that vehicle supervisor being assigned to the automated vehicle for the ADS trial authorised by the ADS permit.\n\nReg. 19(4) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 8).\n\n(4) An ADS permit holder must notify the Secretary within 14 days of becoming aware of the change of—\n\n(a) the personal particulars or company particulars of the ADS permit holder; or\n\n(b) the personal particulars of any vehicle supervisor specified in the ADS permit.\n\n\t20 Conditions at the end of the ADS trial\n\nAt the end of an ADS trial or on the expiry of an ADS permit (whichever is the earlier) the ADS permit holder must—\n\nReg. 20(a) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 9).\n\n(a) submit a summary of the outcomes of the ADS trial to the Secretary; and\n\nReg. 20(b) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 9).\n\n(b) return the ADS permit documents to the Secretary.\n\nDivision 4—Exemption from, or variation of the operation of the Act, the regulations or rules\n\n\t21 Application for an exemption or variation\n\nReg. 21(1) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 10).\n\n(1) For the purposes of section 33G(3) of the Act, the Secretary may determine a condition of an ADS permit in accordance with that section if the Secretary receives a request from an applicant for an ADS permit or for a variation of an ADS permit that complies with this regulation.\n\n(2) An applicant referred to in subregulation (1) who seeks an exemption from a provision of the Act or of the regulations or rules made under the Act must—\n\n(a) specify the provision from which an exemption is sought; and\n\n(b) provide evidence that an exemption from the provision would not adversely impact the safety of the ADS trial and other road users; and\n\n(c) demonstrate one or more of the following—\n\n(i) the provision is not relevant, given the scope and nature of the ADS trial;\n\n(ii) compliance with the provision would be impractical;\n\n(iii) an alternative safety performance measure proposed in the application achieves or exceeds a standard, code of practice or criteria set out in the specified provision.\n\n(3) An applicant for the grant or variation of an ADS permit who seeks modification of a provision of the Act or of the regulations or rules made under the Act must—\n\n(a) specify the provision in relation to which a modification is sought, and identify the modification that is sought; and\n\n(b) provide evidence that the modification of the provision would not adversely impact the safety of the ADS trial and other road users; and\n\n(c) demonstrate one or more of the following—\n\n(i) that the provision would not be relevant without modification, given the scope and nature of the ADS trial;\n\n(ii) that compliance with the provision, without modification, would be impractical;\n\n(iii) an alternative safety performance measure proposed by the modification achieves or exceeds a standard, code of practice or criteria set out in the specified provision.\n\n\t22 Provisions of the Act, regulations or rules that do not apply or apply with specified modifications\n\nFor the purposes of section 33N(1) of the Act, a reference to a driver in section 61 of the Act applies to a person who is a vehicle supervisor of an automated vehicle for which an ADS permit is in force—\n\n(a) at any time while the person is assigned by the ADS permit holder to perform the duties as a vehicle supervisor in relation to the vehicle; and\n\n(b) as if the references to \"driver\" in that section were references to \"vehicle supervisor\".\n\nDivision 5—Variation, suspension or cancellation of ADS permit\n\n\t23 Automatic suspension of ADS permit\n\nReg. 23(1) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 11).\n\n(1) An ADS permit is suspended, effective immediately, if the Secretary is advised by the ADS permit holder, the vehicle supervisor named in the ADS permit or a police officer of—\n\n(a) the theft or carjacking of an automated vehicle used under that ADS permit; or\n\n(b) any tampering with, unauthorised access to, variation to, impairment of, or unauthorised computer function or system override in relation to, an automated driving system during the ADS trial conducted under that ADS permit.\n\nReg. 23(2) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 11).\n\n(2) If an ADS permit is suspended under subregulation (1)(a), the ADS trial remains suspended until the Secretary is satisfied that the automated vehicle has been recovered, assessed and made safe.\n\nReg. 23(3) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 11).\n\n(3) If an ADS permit is suspended under subregulation (1)(b), the ADS trial remains suspended until the Secretary is satisfied that the tampering, unauthorised access, variation to, impairment of, or unauthorised computer function or system override in relation to, the automated driving system has been resolved, assessed and made safe.\n\n\t24 Variation, suspension or cancellation of ADS permit\n\nReg. 24(1) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 12).\n\n(1) The Secretary may vary, suspend or cancel an ADS permit if—\n\n(a) the ADS permit holder has failed to comply with a condition of the ADS permit; or\n\n(b) the ADS permit holder or the relevant vehicle supervisor has committed one or more offences under the Act, or the regulations or rules made under the Act, in the automated vehicle during an ADS trial; or\n\n(c) the ADS permit holder is no longer eligible for a particular class or classes of ADS permit; or\n\n(d) the ADS permit holder has failed to pay any penalty imposed in relation to an ADS trial by the required date.\n\nReg. 24(2) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 12).\n\n(2) The Secretary may vary, suspend or cancel an ADS permit if, based on a report given by a law enforcement agency, the Secretary believes it would be dangerous for an automated vehicle or a category of automated vehicles specified in the ADS permit to be driven in automated mode.\n\nReg. 24(3) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 12).\n\n(3) The Secretary may vary, suspend or cancel an ADS permit if, based on information provided by any person, the Secretary is satisfied on reasonable grounds that the information is reliable and the information discloses or suggests that it may be dangerous for—\n\n(a) the ADS permit holder to continue to drive an automated vehicle in automated mode; or\n\n(b) a vehicle supervisor named in the ADS permit to remain a vehicle supervisor; or\n\n(c) an automated vehicle to be driven or a category of automated vehicles specified in the ADS permit to be driven in automated mode.\n\n\t25 Procedures for variation, suspension and cancellation of ADS permit\n\nReg. 25(1) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 13).\n\n(1) If the Secretary decides to vary, suspend or cancel an ADS permit, the Secretary must give the ADS permit holder notice in writing of—\n\n(a) the decision and reasons for it; and\n\n(b) the date of the decision; and\n\n(c) the date the decision takes effect; and\n\n(d) any action that must be taken by the ADS permit holder in order to avoid the variation, suspension or cancellation;  \nand\n\n(e) any date by which the ADS permit holder must take that action; and\n\n(f) any action required to be taken by the ADS permit holder to have the suspension lifted.\n\n(2) A notice under subregulation (1) must also state that—\n\n(a) in the case of a notice of variation of the ADS permit—the ADS permit holder is now subject to the conditions in the varied ADS permit and the previous ADS permit is no longer valid; or\n\n(b) in the case of a notice of suspension of an ADS permit—the ADS permit holder and any vehicle supervisor named in the ADS permit is not authorised to drive an automated vehicle in automated mode on a highway for the purposes of an ADS trial for the period of suspension specified in the notice; or\n\n(c) in the case of a notice of cancellation of an ADS permit—the ADS permit holder and any vehicle supervisor named in the ADS permit is no longer authorised to drive an automated vehicle in automated mode on a highway for the purposes of an ADS trial.\n\nReg. 25(3) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 13).\n\n(3) A notice of suspension or cancellation of an ADS permit must also state whether the ADS permit is required to be returned to the Secretary, and if so, specify the date by which the ADS permit must be returned.\n\nReg. 25(4) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 13).\n\n(4) An ADS permit is varied, suspended or cancelled in accordance with the terms of a notice served by the Secretary unless the Secretary, by further notice in writing, withdraws the notice.\n\n\t26 Effect of ADS permit variation, suspension or cancellation\n\nReg. 26(1) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 14).\n\n(1) The variation, suspension or cancellation of an ADS permit under regulation 24 takes effect on and from the date determined by the Secretary and specified in the notice served under regulation 25.\n\n(2) The expiry date of an ADS permit that has been varied or suspended under this Division is not affected by that variation or suspension.\n\nPart 4—Records\n\n\t27 ADS permit records\n\nReg. 27(1) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 15(a)).\n\n(1) For the purposes of section 33L(2)(c) of the Act, the Secretary may create and maintain a record in respect of a person to whom an ADS permit is granted.\n\n(2) For the purposes of section 33L(3) of the Act, the following information may be included in a record referred to in subregulation (1)—\n\n(a) the personal particulars or company particulars of the ADS permit holder;\n\n(b) details of each automated vehicle to be used in the ADS trial;\n\n(c) details of the automated driving system to be used in the ADS trial;\n\n(d) details of the nature and location of the ADS trial;\n\n(e) in relation to each vehicle supervisor—\n\n(i) the vehicle supervisor's personal particulars; and\n\n(ii) the vehicle supervisor's driver licence number;\n\n(f) the ADS permit number;\n\n(g) the category or class of the ADS permit;\n\n(h) the commencement and expiry dates of the ADS permit;\n\n(i) any conditions to which the ADS permit is subject.\n\nReg. 27(3) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 15(b)).\n\n(3) For the purposes of section 33L(3) of the Act, the Secretary may record the following information against a person who applies for an ADS permit—\n\n(a) a copy of the application signed by the ADS permit holder;\n\n(b) any written authority of the applicant accompanying the application under regulation 9(3)(b);\n\n(c) a copy of the safety management plan in relation to the ADS trial;\n\n(d) a copy of the traffic management plan in relation to the ADS trial (if any);\n\n(e) any information reasonably required for the purposes of—\n\n(i) monitoring and managing the use and impacts of an automated driving system on a highway; and\n\n(ii) monitoring and managing the use of an automated vehicle on a highway; and\n\nReg. 27(3)(e)(iii) amended by S.R. No. 172/2019 reg. 4(Sch. 1 item 15(c)).\n\n(iii) the performance by the Secretary of the Secretary's functions under the Act and the **Transport Integration Act 2010**.\n\n**Note**\n\nThe use and disclosure of information under these regulations is subject to Part 7B of the Act.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Road Safety (Automated Vehicles) Regulations 2018, S.R. No. 120/2018 were made on 4 September 2018 by the Governor in Council under section 95 of the **Road Safety Act 1986**, No. 127/1986 and came into operation as follows:\n\nRegulations 1–5, 8–27 on 4 September 2018: regulation 3(1); regulations 6, 7 on 28 September 2018: regulation 3(2).\n\nThe Road Safety (Automated Vehicles) Regulations 2018 will sunset 10 years after the day of making on 4 September 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Road Safety (Automated Vehicles) Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nRoad Safety (Automated Vehicles), (Drivers), (General), (Traffic Management) and (Vehicles) Amendment Regulations 2019, S.R. No. 172/2019\n\n| *Date of Making:* | 23.12.19 |\n| --- | --- |\n| *Date of Commencement:* | Reg. 4(Sch. 1) on 1.1.20: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nNot updated for this publication.\n\n4 Explanatory details\n\n**Table of Applied, Adopted or Incorporated Matter**\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 120/2018 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| --- | --- | --- |\n| Regulation 4 definitions of ***OEDR*** and ***SAE J3016*** | SAE International Standard J3016, *Taxonomy and Definitions for Terms Related to Driving Automation Systems for on-road motor vehicles*, published on 15 June 2018 by SAE International | The whole |","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess scope change from original intent — the provided text contains only title and administrative version history metadata, with no substantive provisions or explanatory memorandum included for comparison."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history were included, preventing analysis of substantive provisions","Automated vehicle regulation is an inherently complex and evolving area of law involving questions of liability, safety standards, and technology definitions","Interaction with parent Act (Road Safety Act 1986 Vic) and potentially national frameworks adds layering","Score is conservative given the near-total absence of operative content to assess"],"plain_english_summary":"The Road Safety (Automated Vehicles) Regulations 2018 set the regulatory framework for trialling and operating automated (self‑driving) vehicles on Victorian roads, affecting vehicle owners, operators, trialling companies, and road safety regulators. It aims to clarify safety, approval and liability arrangements as automated technology is introduced.\n\nNote: the provided excerpt lacked the operative provisions, so specific duties and requirements could not be confirmed."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in regulation 1: providing for ADS permit applications, conditions, grounds for cancellation/suspension, exemptions from road laws, safety management plans, and record-keeping. The 2019 amendments appear to be technical updates rather than scope expansion."},"complexity_factors":["27 defined terms in the interpretation section (regulation 4), including technical terms like 'OEDR' (object and event detection and response) and 'operational design domain' that reference external technical standards (SAE J3016)","Extensive cross-referencing to the parent Road Safety Act 1986 and other legislation including the Crimes Act 1958, Corporations Act, Heavy Vehicle National Law, and Transport Integration Act 2010","Nested conditional logic in permit conditions (regulations 15-20) with multiple sub-paragraphs and requirements that vary by vehicle type and circumstance","Dual application tracks for natural persons versus companies with different eligibility criteria and documentation requirements","Multiple amendment references (S.R. No. 172/2019) scattered throughout the text indicating evolving regulatory requirements","Complex exemption framework (regulation 21) requiring demonstration of impracticality or irrelevance of existing laws while maintaining safety equivalence"],"plain_english_summary":"This legislation sets up a permit system for testing self-driving (automated) vehicles on Victorian roads. It creates a framework for 'ADS trials' (Automated Driving System trials) where companies or individuals can apply for permission to operate automated vehicles on highways under specific conditions.\n\n**Key things the rules cover:**\n\n- **Who can apply:** Individuals with full Australian driver licences, or solvent companies (not in financial trouble). Applicants must provide detailed personal or company information, vehicle specifications, safety plans, and insurance details.\n\n- **What vehicles are covered:** Everything from motorbikes and cars to heavy trucks and multi-trailer road trains, provided they have automated driving systems.\n\n- **Safety requirements:** Applicants must submit a 'safety management plan' identifying risks and how they'll manage them. They must also have vehicle supervisors on board who meet specific competency requirements.\n\n- **Permit conditions:** Permit holders must maintain insurance, keep detailed records of all journeys and any incidents, report serious incidents within 24 hours, and display permit identification on vehicles. They can only operate within specific 'operational design domains' (the conditions the self-driving system is designed for, like certain weather, locations, or times of day).\n\n- **Exemptions:** The Secretary can grant exemptions or modifications to normal road rules if safety isn't compromised and compliance would be impractical.\n\n- **Enforcement:** Permits can be automatically suspended if vehicles are stolen or systems are tampered with. The Secretary can also vary, suspend, or cancel permits for non-compliance, safety concerns, or unpaid penalties.\n\n**Why it matters:** This creates a controlled environment for testing emerging self-driving technology while protecting public safety. It ensures someone is always accountable (the permit holder and vehicle supervisor) and that authorities can monitor what's happening with these experimental vehicles on public roads."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Table of Amendments records S.R. No. 172/2019 (commencing 1 Jan 2020) amending numerous regulations (for example regs 5(b), 10, 11, 12, 15, 17–20, 21, 23–27, 27). Those amendments adjust procedural and operational requirements for ADS trials (applications, reporting, notices and processes) while the instrument's statutory objective in regulation 1—setting the regulatory framework for ADS trials—remains unchanged."},"complexity_factors":["Multiple prescribed vehicle categories and corresponding permit classes (reg 7) increasing administrative differentiation.","Detailed application content and evidence requirements, including technical ADS descriptions, ODD and vehicle supervisor competence (reg 9).","Mandatory safety management plans, possible traffic management plans and insurer/insurance obligations tied to ADS guidelines (regs 9(2)(a), 10, 15(a)(ii)).","Prescribed record-keeping and monitoring duties, with a 7-year retention period and inspection powers (reg 18(1)–(3), reg 18(2)).","Short-notice reporting and serious-incident timelines (24-hour notice requirement) and approved-form reporting (reg 19(1)–(2)).","Specified tests and assessments to be carried out by departmental employees, authorised officers or designees (reg 11).","Significant administrative discretion vested in the Secretary: imposing additional requirements, approving exemptions/modifications, and varying/suspending/cancelling permits (regs 10, 21, 24–26).","Automatic suspension triggers for theft/tampering and procedural steps for lifting suspensions (reg 23).","Cross-references to the Road Safety Act 1986, ADS guidelines and external standards (SAE J3016), requiring multi-instrument compliance (reg 1, reg 4, endnotes).","Amendments recorded (S.R. No. 172/2019) which modify many operational details, meaning practitioners must track subordinate updates (Table of Amendments)."],"plain_english_summary":"These Regulations create a permit regime for trials of automated driving systems (ADS) on Victorian highways: who may apply, what must be in applications and safety management plans, the conditions an ADS permit carries, incident reporting, record-keeping and insurance (regs 8–20, 18(2)). The Secretary is given powers to grant, vary, suspend or cancel permits and to allow exemptions or modifications; permit-holders and vehicle supervisors bear compliance, monitoring and record-keeping obligations, including retaining trial records for seven years (regs 10, 15(a)(ii), 18(2), 24–26)."}},"importantCases":[],"_links":{"self":"/api/acts/road-safety-automated-vehicles-regulations-2018","history":"/api/acts/road-safety-automated-vehicles-regulations-2018/history","analysis":"/api/acts/road-safety-automated-vehicles-regulations-2018/analysis","conflicts":"/api/acts/road-safety-automated-vehicles-regulations-2018/conflicts","importantCases":"/api/acts/road-safety-automated-vehicles-regulations-2018/important-cases","documents":"/api/acts/road-safety-automated-vehicles-regulations-2018/documents"}}