Road Safety Act 1986

Every motor vehicle owner, registered operator, driver and learner permit holder in Victoria is subject to the Act. Heavy vehicle operators, consignors, packers, loaders and drivers carry the Part 10 chain-of-responsibility duties. Bus operators (defined by reference to the Transport (Compliance and Miscellaneous) Act 1983) carry additional duties. Light bus operators carry Part 10A fatigue management duties. Police, the Secretary of the Department of Transport and Planning, the Regulator (Heavy Vehicle Regulator under Part 9) and the Director, Fines Victoria all exercise functions under the Act. The Magistrates' Court hears appeals against decisions of the Secretary under section 26 and operates impoundment, immobilisation, forfeiture and other proceedings under Part 6A.

For drivers, the operative obligations cluster in Part 5: not to drive or be in charge of a motor vehicle while under the influence to such an extent as to be incapable of proper control (paragraph 49(1)(a)); not to drive with PCA in blood or breath (paragraph 49(1)(b)); not to drive while impaired by a drug (paragraph 49(1)(ba)); not to drive with PCD in blood or oral fluid (paragraph 49(1)(bb)); not to drive with both PCA and PCD (paragraph 49(1)(bc)); to comply with preliminary breath testing under section 53 (paragraph 49(1)(c)); to comply with drug impairment assessment under section 55A (paragraph 49(1)(ca)); to stop on signal under section 54(3) (paragraph 49(1)(d)); to comply with section 55 breath analysis or blood sample requirements (paragraph 49(1)(e)); to provide oral fluid under section 55D or 55E (paragraph 49(1)(eb)).

For registered operators, Part 6AA imposes operator-onus liability for camera-detected offences and parking offences: the operator is taken to have committed the offence unless the actual driver is nominated. For heavy vehicle operators, Part 9 requires production of records and compliance with police and authorised officer inspections; Part 10 imposes mass, dimension and load restraint duties on the whole supply chain. For light bus operators, Part 10A imposes fatigue management requirements.

For licence and permit holders subject to an alcohol interlock condition, the obligation is to drive only a motor vehicle in which an approved alcohol interlock has been installed and maintained by an approved alcohol interlock supplier or someone they authorise (definition of "alcohol interlock condition" in section 3(1)).

For approved providers of behaviour change programs (Part 5A) and safe driving programs (Part 6AB), there are scheme-specific obligations to deliver the programs to the standard required for participants to obtain a certificate of completion.

For ADS permit holders, the obligation is to operate the automated vehicle in compliance with the permit, the ADS guidelines under section 33M and any conditions the Minister attaches.

The Secretary's central powers sit in section 24: in accordance with the regulations, suspend a driver licence or learner permit, cancel it, disqualify the person from obtaining one, vary the licence by excluding or including a class of vehicle, or vary conditions. Subsection 24(1A) requires the Secretary to suspend on a direction from the Director, Fines Victoria under section 89(1)(a) of the Fines Reform Act 2014, with the suspension lifting on a section 91 notification. Section 25 cancels and disqualifies for corresponding interstate drink-driving offences after a Ministerial Order in the Government Gazette. Section 26 provides the Magistrates' Court appeal path against section 24(2) decisions.

Police powers run through Parts 5, 6, 6A, 6B, 6C, 9 and 10. Sections 53 and 54 authorise preliminary breath tests and stop-and-test signals. Section 55 authorises requirements for breath analysis and blood samples. Section 55A authorises drug impairment assessments. Sections 55D and 55E authorise oral fluid sampling. Part 6A gives police impoundment and immobilisation powers and the court forfeiture power for hoon offences. Part 6B gives police on-the-spot licence and permit suspension powers for serious drink, drug and high-risk offences. Part 6C extends similar power to non-Victorian licence holders and unlicensed drivers.

The Minister's powers include: issuing ADS guidelines under section 33M; declaring corresponding laws under subsection 47A(2) and corresponding interstate drink-driving offences under subsection 25(1) by Order in the Government Gazette; approving breath analysing instrument apparatus under section 55; making the regulations under section 100; and various scheme-specific powers under Parts 5A, 6AB and Part 7A.

The authorised officer power in section 112 underpins the entire Act: a person authorised by the Secretary or the Regulator can exercise inspection, requirement and enforcement powers across the Act.

Section 50 sets the penalties for section 49(1) offences in a table. Penalties scale by whether it is a first, second or subsequent offence; by whether the offence involves PCA, PCD, both, or refusal; by whether the driver was a learner or probationary driver; and by the BAC or drug concentration recorded. Section 89 of the Sentencing Act 1991 is engaged for sentencing references to drink driving. Sections 89A and 89C set minimum disqualification periods for drink driving infringement penalties.

Section 89C operates as a floor: where the minimum period that would apply to a Victorian drink-driving offence under section 89C is less than the period under section 50 for the same offence, the lesser period is taken to be the minimum (subsection 25(9)). For most offences, alcohol interlock conditions under section 31KB attach automatically when a fresh licence is granted after disqualification. Vehicle impoundment, immobilisation and forfeiture under Part 6A operate independently of any criminal penalty.

The infringement system in Part 7 sets fixed penalties for prescribed offences. Part 7A handles private parking infringements. Operator onus under Part 6AA shifts the burden of nomination to the registered operator.

Corporate liability sits in section 84 for general offences and section 97 for general matters; offence elements can be attributed to bodies corporate.

Section 26 provides Magistrates' Court appeals from section 24(2) decisions; the court must re-determine the matter, hear relevant evidence and consider anything the Secretary should have considered. The court must confirm the decision where it results from another State or Territory disqualification or where the regulations required it (subsection 26(3)). Part 3.10 of the Evidence Act 2008 applies (subsection 26(2A)), and the court must send particulars of its decision to the Secretary immediately under subsection 26(3A).

Section 48 carries a 3-hour presumption: if it is established that within 3 hours after an alleged paragraph 49(1)(a), (b) or (bc) offence a certain BAC or drug concentration was present, that concentration is presumed to have been present at the time of the offence. Sections 49(1)(f) and 49(1)(g) lock the same window for breath analysis and blood sample evidence. Blood samples must be analysed within 12 months of being taken under subsection 49(1)(g)(i).

Demerit points under Part 4 work on a rolling 3-year point window. The demerit option period and election to extend before suspension is governed by sections 36 to 39.

For ADS permits, Part 3A sets the application, conditions and revocation process keyed to the ADS guidelines. For registration disputes, Part 2 provides Secretary review and Magistrates' Court review.

The Act sits inside a dense statutory ecosystem. Section 3B aligns with the Transport Integration Act 2010 (transport portfolio governance); section 3C with the Filming Approval Act 2014. The Road Rules (a statutory rule under the Road Safety (Drivers) Regulations and Road Safety Road Rules 2017) supply rules of the road; the definition of "bicycle" in section 3 imports the Road Rules definition.

Heavy vehicle compliance interacts with the Heavy Vehicle National Law as picked up under Victorian law. Mass, dimension and load restraint duties under Part 10 apply alongside the National Law where they have been picked up; Part 9 inspection powers operate concurrently. The Transport (Compliance and Miscellaneous) Act 1983 supplies the bus company definition.

The Fines Reform Act 2014 controls Director, Fines Victoria interactions: section 89(1)(a) directs suspensions under section 24(1A); section 91 lifts the sanction. Magistrates' Court Act 1989 underpins enforcement orders. The Public Holidays Act 1993 supplies the business day definition. The Privacy and Data Protection Act 2014 sits behind Part 7B (use and disclosure of information). The Sentencing Act 1991 governs sentencing references in section 25(2)(a) and section 89.

The Evidence Act 2008 (Part 3.10) applies on Magistrates' Court appeals under section 26. The Children, Youth and Families Act 2005 (Part 5.4 of Chapter 5) governs appeals where the appellant is a child. The Health Practitioner Regulation National Law underpins the definition of "approved health professional" in section 3, used for blood-sample collection under Part 5.

The Zero and Low Emission Vehicle Distance-based Charge Act 2021 (Vic) is grafted onto the Road Safety Act registered-operator and road definitions. In Vanderstock v Victoria [2023] HCA 30, the High Court considered (and ultimately invalidated) the ZLEV charge under section 90 of the Constitution while leaving the Road Safety Act registered-operator framework untouched.

The 3-hour presumption in section 48 is the sharpest evidentiary trap in Part 5. A driver pulled over within three hours can have their BAC at the time of driving inferred from a later test, and that test result is presumptive evidence for paragraph 49(1)(a), (b) and (bc) offences. The breath analysing instrument list in section 3 is closed: only the Alcotest 7110 with serial 3530791, the Alcotest 9510 AUS with serial 8320869, or apparatus approved by Minister by Government Gazette under section 55 satisfies the definition. Procedural challenges based on the wrong machine are foreclosed unless the apparatus actually used is not on the list.

Operator onus under Part 6AA is the most consequential burden shift. The registered operator is taken to have committed a camera-detected speed offence or parking offence unless they nominate the actual driver within the prescribed time. Failure to nominate is itself an offence.

Immediate suspension under Part 6B applies on the spot for high-range drink driving, drug driving and certain other category offences, with notice given by police. Magistrates' Court appeal exists but the suspension takes effect at the roadside. Part 6C extends the same to interstate licence holders and unlicensed drivers.

Section 25 operates automatically on notification of an interstate disqualification for a "corresponding interstate drink-driving offence". The Secretary must cancel and disqualify, with the period mirroring the equivalent Victorian offence. Subsection 25(8) makes that period concurrent with any other disqualification, but subsection 25(9) anchors the floor at section 89C if section 89C produces a shorter period.

The alcohol interlock condition under section 31KB attaches by default after a disqualification for most drink-driving offences and runs for the period determined under the regulations. The condition restricts the holder to vehicles with an approved alcohol interlock installed and maintained by an approved supplier under sections 50AAE to 50AAH.

For vehicle owners contemplating a sale during a disqualification or impoundment process, Part 6A and section 60 to section 65 in Part 6 control disposal and abandoned vehicle proceedings.

A driver is stopped at a random breath testing station under section 53. They blow over the prescribed concentration on a preliminary test. The officer requires a section 55 breath analysis at the station; the test result on a properly identified Alcotest 9510 AUS records a BAC over the limit. The driver is charged under paragraph 49(1)(f). The 3-hour presumption in section 48 carries the BAC back to the time of driving. Police issue an immediate suspension notice under Part 6B. The Magistrates' Court considers any section 26 appeal but must apply the regulations under subsection 26(3).

A registered operator receives a camera-detected speeding infringement. Under Part 6AA the operator is deemed to have committed the offence unless they nominate the actual driver within the prescribed time. They nominate; the nominee receives the infringement and either pays under Part 7 or elects to challenge the matter in court.

A heavy vehicle company runs a freight task with an over-mass load. Police under Part 9 require records and conduct an inspection. Mass, dimension and load restraint duties under Part 10 attach not only to the driver but to consignors, packers and loaders. The court may make improvement and prohibition orders.

An ADS permit holder runs an automated vehicle trial under Part 3A. The Minister has issued ADS guidelines under section 33M. The permit specifies operating limits; breach of those limits exposes the holder to revocation and enforcement.