{"id":"sr:road-safety-driving-instructors-regulations-2020","name":"Road Safety (Driving Instructors) Regulations 2020","slug":"road-safety-driving-instructors-regulations-2020","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181281,"registerId":"vic-sr:road-safety-driving-instructors-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Road Safety (Driving Instructors) Regulations 2020","content":"Version No. 002\n\n**Road Safety (Driving Instructors) Regulations 2020**\n\n**S.R. No. 7/2020**\n\nVersion incorporating amendments as at  \n25 June 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 2\n\n6 Application for driving instructor authority 2\n\n7 Safe Transport Victoria may grant partial refund of fee 3\n\n8 Safe Transport Victoria must issue holder's identity photograph 3\n\n9 Prescribed format and location for display of identity photograph 4\n\n10 Return of authority and identity photograph upon cancellation 4\n\n11 Replacement of authority or identity photograph 4\n\n12 Conditions on authority 5\n\n13 Production of authority when teaching 5\n\n14 Holder of authority to keep records 5\n\n15 Production of records on request 6\n\n16 Safe Transport Victoria may authorise persons 6\n\n17 Evidence of authorisation 7\n\n18 Change of medical condition or information 7\n\n19 Working with children assessment notice 7\n\n═════════════\n\nEndnotes 8\n\n1 General information 8\n\n2 Table of Amendments 10\n\n3 Explanatory details 11\n\n**Version No.** **002**\n\n**Road Safety (Driving Instructors) Regulations 2020**\n\n**S.R. No. 7/2020**\n\nVersion incorporating amendments as at  \n25 June 2024\n\n\t1 Objectives\n\nThe main objectives of these Regulations are—\n\n(a) to provide for the application for and issue of driving instructor authorities; and\n\n(b) to set out conditions that must be followed by holders of driving instructor authorities; and\n\n(c) to set out the circumstances in which driving instructors must produce driving instructor authorities and identity photographs.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 95 of the **Road Safety Act 1986**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 15 February 2020.\n\n\t4 Revocation\n\nThe following Regulations are **revoked**—\n\n(a) the Road Safety (Driving Instructors) Regulations 2010[[1]](#endnote-1);\n\n(b) the Road Safety (Driving Instructors) Amendment Regulations 2018[[2]](#endnote-2).\n\n\t5 Definitions\n\nIn these Regulations—\n\n***assessment notice*** has the same meaning as it has in section 3(1) of the **Working with Children Act 2005**;\n\nReg. 5 def. of *authorised person* amended by S.R. No. 60/2024 reg. 4.\n\n***authorised person*** means a person authorised by Safe Transport Victoria under regulation 16;\n\n***authority*** means a driving instructor authority granted under section 33(1) of the Act;\n\n***identity photograph*** means an identity photograph issued under regulation 8 to the holder of an authority;\n\n***the Act*** means the **Road Safety Act 1986**.\n\n\t6 Application for driving instructor authority\n\nFor the purposes of section 33(2)(c) of the Act, the following procedures and requirements are prescribed—\n\nReg. 6(a) amended by S.R. No. 60/2024 reg. 5(a).\n\n(a) the applicant must provide Safe Transport Victoria with a completed application form;\n\nReg. 6(b) amended by S.R. No. 60/2024 reg. 5(a).\n\n(b) the applicant must provide Safe Transport Victoria with a certificate from a registered medical practitioner stating that the applicant is not suffering from a condition that would prevent the applicant from working as a driving instructor;\n\n(c) the applicant must—\n\nReg. 6(c)(i) amended by S.R. No. 60/2024 reg. 5(a).\n\n(i) provide Safe Transport Victoria with 2 recent passport-size colour photographs of the applicant showing a full front view of the applicant's head and shoulders on a white background; or\n\nReg. 6(c)(ii) amended by S.R. No. 60/2024 reg. 5(b).\n\n(ii) if required by Safe Transport Victoria, attend at a place specified by Safe Transport Victoria to be photographed or to have a digitised image made showing a full front view of the applicant's head and shoulders;\n\n(d) the applicant must pay a fee of 36 fee units.\n\nReg. 7 (Heading) amended by S.R. No. 60/2024 reg. 6(1).\n\nReg. 7 amended by S.R. No. 60/2024 reg. 6(2).\n\n\t7 Safe Transport Victoria may grant partial refund of fee\n\nIf Safe Transport Victoria grants the applicant an authority for a term of less than 3 years, Safe Transport Victoria may refund to the applicant an amount equal to the difference between 36 fee units and the amount for the term of the authority, calculated on the basis of 12 fee units for every year of the term of that authority.\n\nReg. 8 (Heading) amended by S.R. No. 60/2024 reg. 7(1).\n\n\t8 Safe Transport Victoria must issue holder's identity photograph\n\nReg. 8(1) amended by S.R. No. 60/2024 reg. 7(2).\n\n(1) If an authority is granted under section 33(1) of the Act, Safe Transport Victoria must issue an identity photograph to the holder of the authority.\n\n(2) An identity photograph issued under subregulation (1) must include—\n\n(a) a photograph provided by the applicant under regulation 6(c)(i), or a photograph or a digitised image made in accordance with regulation 6(c)(ii); and\n\n(b) a number to identify the authority; and\n\n(c) the date on which the authority expires.\n\n\t9 Prescribed format and location for display of identity photograph\n\nFor the purposes of section 33B of the Act—\n\n(a) the prescribed format is the format of the identity photograph issued under regulation 8; and\n\n(b) the prescribed location is a location where the identity photograph is clearly visible to persons seated in the driver seat and the front passenger seat.\n\nReg. 10 amended by S.R. No. 60/2024 reg. 8.\n\n\t10 Return of authority and identity photograph upon cancellation\n\nThe holder of an authority whose authority is cancelled, suspended or otherwise ceases to have effect must return the authority and identity photograph to Safe Transport Victoria within 7 days after the authority is cancelled, suspended or ceases to have effect.\n\nPenalty: 5 penalty units.\n\nReg. 11 amended by S.R. No. 60/2024 reg. 9.\n\n\t11 Replacement of authority or identity photograph\n\nOn the request of the holder of an authority, Safe Transport Victoria may grant a duplicate authority or duplicate identity photograph if satisfied that the authority or identity photograph is—\n\n(a) illegible, altered or defaced; or\n\n(b) lost, stolen or destroyed.\n\n\t12 Conditions on authority\n\nReg. 12(1) amended by S.R. No. 60/2024 reg. 10(1).\n\n(1) Safe Transport Victoria may impose on an authority any appropriate conditions—\n\n(a) when granting or renewing the authority; or\n\n(b) during the period that the authority is in force.\n\nReg. 12(2) amended by S.R. No. 60/2024 reg. 10(2).\n\n(2) On the initiative of Safe Transport Victoria or on the written application of the holder of an authority, Safe Transport Victoria may—\n\nReg. 12(2)(a) amended by S.R. No. 60/2024 reg. 10(2).\n\n(a) vary or revoke a condition imposed by Safe Transport Victoria on the authority; or\n\n(b) impose a new condition on the authority.\n\nReg. 12(3) amended by S.R. No. 60/2024 reg. 10(3).\n\n(3) Safe Transport Victoria must give the person to whom an authority is granted, or whose authority is renewed, a written copy of any conditions Safe Transport Victoria imposes on that authority.\n\n\t13 Production of authority when teaching\n\nIt is a condition of an authority that, when teaching a person to drive pursuant to the authority, the holder must produce the holder's authority and identity photograph for inspection if requested to do so by—\n\n(a) a police officer; or\n\n(b) an authorised person.\n\n\t14 Holder of authority to keep records\n\n(1) It is a condition of an authority that the holder must keep a record of the information specified in subregulation (2) for a period of 2 years from the date the record was first created.\n\n(2) For the purpose of subregulation (1), the specified information is the following for each person whom the holder of an authority teaches to drive pursuant to that authority—\n\n(a) the full name of the person;\n\n(b) the number and expiry date of the learner permit held by the person;\n\n(c) the date and starting time of every lesson provided to the person.\n\n\t15 Production of records on request\n\n(1) It is a condition of an authority that the holder must produce the following items or records if requested to do so by an authorised person—\n\n(a) a record of the information specified under regulation 14(2);\n\n(b) the holder's driver licence;\n\n(c) the holder's authority;\n\n(d) the holder's identity photograph;\n\n(e) if the holder has one, the holder's assessment notice.\n\n(2) On producing the items or records referred to in subregulation (1), the holder of an authority must allow the authorised person to make copies of those items or records.\n\nReg. 16 (Heading) amended by S.R. No. 60/2024 reg. 11(1).\n\n\t16 Safe Transport Victoria may authorise persons\n\nReg. 16(1) amended by S.R. No. 60/2024 reg. 11(2).\n\n(1) Safe Transport Victoria, if satisfied that a person is suitably qualified to be an authorised person, may authorise that person—\n\n(a) to be an authorised person for the purpose of regulation 13(b);\n\n(b) to be an authorised person for the purpose of regulation 15;\n\n(c) to be an authorised person for the purposes of both regulations 13(b) and 15.\n\n(2) An authorisation under subregulation (1) must be in writing.\n\n\t17 Evidence of authorisation\n\nBefore requesting the holder of an authority to produce documents for the purpose of regulation 13(b) or 15, an authorised person must show to the holder evidence of that person's position as an authorised person.\n\n\t18 Change of medical condition or information\n\nReg. 18(1) amended by S.R. No. 60/2024 reg. 12(a).\n\n(1) It is a condition of an authority that, if the holder is affected by a medical condition that may impair the holder's ability to continue working as a driving instructor, the holder must notify Safe Transport Victoria as soon as practicable after becoming aware of the medical condition.\n\nReg. 18(2) amended by S.R. No. 60/2024 reg. 12(b).\n\n(2) It is a condition of an authority that the holder must notify Safe Transport Victoria of any change in the information provided by the holder to Safe Transport Victoria as soon as practicable after becoming aware of that change.\n\nReg. 19 amended by S.R. No. 60/2024 reg. 13.\n\n\t19 Working with children assessment notice\n\nIt is a condition of an authority that, if the holder has an assessment notice, the holder must notify Safe Transport Victoria within 5 business days of becoming aware that the assessment notice is no longer current.\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 (Driving Instructors) Regulations 2020, S.R. No. 7/2020 were made on 11 February 2020 by the Governor in Council under section 95 of the **Road Safety Act 1986**, No. 127/1986 and came into operation on 15 February 2020: regulation 3.\n\nThe Road Safety (Driving Instructors) Regulations 2020 will sunset 10 years after the day of making on 11 February 2030 (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 (Driving Instructors) Regulations 2020 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nRoad Safety (Driving Instructors) and (General) Amendment Regulations 2024, S.R. No. 60/2024\n\n| *Date of Making:* | 25.6.24 |\n| --- | --- |\n| *Date of Commencement:* | Regs 4–13 on 25.6.24: reg. 3(1) |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 9/2010 as amended by S.R. No. 17/2018. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 17/2018.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\n  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.\n\n  The value of a fee unit for the financial year commencing 1 July 2023 is $15.90 and for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  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.\n\n  **Penalty Units**\n\n  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.\n\n  The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31 and for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  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. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: regulating driving instructors. The 2024 amendments were purely administrative, transferring functions from VicRoads to Safe Transport Victoria. No expansion into adjacent areas such as vehicle standards, driving school business registration, or online instruction platforms."},"complexity_factors":["Short length: only 19 regulations spanning 7 pages of substantive content","Minimal defined terms: only 5 definitions in regulation 5","Straightforward structure: linear progression from application → issuance → conditions → enforcement","Limited cross-referencing: only references to parent Act (Road Safety Act 1986) and Working with Children Act 2005","Simple conditional logic: mostly 'if X then Y' without nested exceptions","No delegated legislative powers or complex machinery provisions","Recent amendments (June 2024) are purely mechanical — updating authority name from 'VicRoads' to 'Safe Transport Victoria' without changing substantive operation"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the rules for becoming and working as a driving instructor in Victoria. They replace older regulations from 2010 and 2018.\n\n**Who it affects:**\n\n- **Driving instructors** — anyone who wants to teach people to drive for money must follow these rules\n- **Learner drivers** — anyone learning to drive with a professional instructor\n- **Safe Transport Victoria** — the government body that issues permits (called \"driving instructor authorities\") and enforces the rules\n\n**Key requirements:**\n\n- **To get a permit**, you must:\n  - Fill out an application form\n  - Get a medical certificate saying you're fit to teach\n  - Provide passport photos or attend a photo session\n  - Pay a fee (currently 36 fee units — around $575-$590 depending on the year)\n\n- **Once you have a permit**, you must:\n  - Display your official ID photo where students can see it\n  - Show your permit and ID if police or authorised inspectors ask\n  - Keep records of every lesson for 2 years (student name, learner permit number, date and time)\n  - Tell Safe Transport Victoria if your health changes or if your Working with Children Check expires\n  - Return your permit within 7 days if it's cancelled\n\n- **Enforcement:**\n  - Authorised inspectors can ask to see your records, licence, permit, and Working with Children Check\n  - Failing to return a cancelled permit can cost you 5 penalty units (around $960-$990)\n\n**Why it matters:**\n\nThese rules protect learner drivers by ensuring instructors are medically fit, properly identified, and accountable for their teaching. The record-keeping helps track who taught whom, which matters for safety and legal disputes."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulations retain the stated objectives in reg 1 (application/issue, conditions, production of authorities). Amendments listed in the Table of Amendments (S.R. No. 60/2024) alter procedural and evidentiary details (e.g. photo processes, authorised persons, partial refunds, notification timing: regs 6,7,8,12,16,18,19) but do not expand the classes of persons covered or add new regulatory subjects; the changes are administrative rather than a scope expansion."},"complexity_factors":["Cross‑reference dependence: multiple references to the Road Safety Act 1986 (reg 2) and Working with Children Act 2005 (reg 5), increasing reliance on external definitions and tests.","Administrative discretion: Safe Transport Victoria may impose, vary or revoke conditions and authorise persons (regs 12(1)–(3); 16(1)–(2)), creating case‑by‑case decision points and potential variation in application.","Compliance burden on instructors: prescribed application material, medical certificate, photographs, two‑year retention of lesson records and prompt notification of medical or assessment changes (regs 6; 8; 14; 18–19).","Fee mechanics and refunds: fixed headline fee of 36 fee units (reg 6(d)) with a discretionary partial refund formula for terms under 3 years (reg 7); actual dollar amounts vary annually via the Monetary Units Act (Endnotes, Fee Units).","Enforcement and evidence rules: requirement to produce authority, ID photo and records to police or authorised persons, obligation to allow copies, and proof‑of‑authorisation steps for inspectors (regs 13; 15; 17).","Penalties and return obligations: specific penalty for failing to return cancelled/suspended authority within 7 days (reg 10; penalty units noted in Endnotes), adding tight timeframes.","Operational detail and variability: prescribed photograph format and display location (regs 8–9), duplicate issue rules (reg 11), and working‑with‑children notice reporting (reg 19) add granular operational requirements.","Amendment history: the instrument revokes prior regulations and incorporates 2024 amendments to multiple provisions (reg 4; Table of Amendments), so practical application requires attention to recent changes."],"plain_english_summary":"**What it does:** These Regulations set the administrative rules for issuing and managing driving instructor authorities in Victoria: application requirements (form, medical certificate, photos), a fee of 36 fee units (with possible pro‑rata refund), identity photographs, conditions, record‑keeping and inspection/production rules. **Who decides and who pays:** Safe Transport Victoria grants authorities, imposes conditions and authorises inspectors; applicants and instructors bear fees, medical and record‑keeping obligations and potential penalties. The stated purpose is to regulate instructor certification and on‑road oversight; the changes are mainly procedural, not an expansion of coverage."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available content, the regulations appear to remain focused on their stated purpose of regulating driving instructors in Victoria. There is no evidence in the provided text of scope creep or expansion beyond the original intent. The document is too limited in content to identify any material changes from the original 'as made' version."},"complexity_factors":["Insufficient document content provided — only metadata and version history visible, preventing full complexity assessment","Regulations of this type typically involve multiple licensing tiers or categories (e.g., car, motorcycle, heavy vehicle instruction)","Interaction with parent Act (Road Safety Act 1986) adds a layer of cross-referencing required to understand full obligations","Accreditation and renewal processes can involve conditional requirements that vary by circumstance","However, the subject matter (instructor licensing) is relatively narrow and well-defined, keeping complexity moderate-to-low"],"plain_english_summary":"These Victorian regulations govern people paid to teach driving, affecting anyone who wants to work as a professional driving instructor, businesses that employ them, and learner drivers who use paid instruction. \n\nThey likely set out licence/accreditation, fitness and character checks, professional conduct standards, penalties for breaches, and fees — intended to ensure instructors are qualified and vetted. Note: the supplied document had limited content; consult the full text for specifics."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/road-safety-driving-instructors-regulations-2020","history":"/api/acts/road-safety-driving-instructors-regulations-2020/history","analysis":"/api/acts/road-safety-driving-instructors-regulations-2020/analysis","conflicts":"/api/acts/road-safety-driving-instructors-regulations-2020/conflicts","importantCases":"/api/acts/road-safety-driving-instructors-regulations-2020/important-cases","documents":"/api/acts/road-safety-driving-instructors-regulations-2020/documents"}}