3 Definitions
(1) In this Act—
S. 3(1) def. of accompany-ing driver offence inserted by No. 23/2001 s. 3(1), amended by No. 92/2001 s. 5(2), repealed by No. 49/2019 s. 98(a).
S. 3(1) def. of accompany-ing licensed driver inserted by No. 92/2001 s. 5(1), repealed by No. 49/2019 s. 98(a).
S. 3(1) def. of accredited agency inserted by No. 5/1990 s. 4(a), amended by Nos 46/1998
s. 7(Sch. 1), 1/2002 s. 3(2), 46/2008 s. 284, 29/2010 s. 68(1)(a), 56/2013 s. 14(1), 70/2016 s. 40(1)(a), repealed by No. 68/2017 s. 14(2).
S. 3(1) def. of accredited drink-driving education program inserted by No. 5/1990 s. 4(a), amended by No. 46/1998
s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 25)), amended as accredited driver education program by No. 14/2000 s. 4(1), amended by Nos 46/2008 s. 284, 29/2010 s. 68(1)(b), 70/2016 s. 40(1)(a), repealed by No. 68/2017 s. 14(2).
S. 3(1) def. of ADS guidelines inserted by No. 8/2018 s. 3.
ADS guidelines means guidelines issued by the Minister under section 33M;
S. 3(1) def. of ADS permit inserted by No. 8/2018 s. 3.
ADS permit means a permit granted under section 33D;
S. 3(1) def. of ADS permit holder inserted by No. 8/2018 s. 3.
ADS permit holder, in relation to an automated vehicle, means the holder of an ADS permit that specifies the vehicle;
S. 3(1) def. of ADS trial inserted by No. 8/2018 s. 3.
ADS trial means a trial on a highway of the automated driving system of an automated vehicle—
(a) for the purpose of testing the operation of the vehicle in automated mode; or
(b) for the purpose of testing the safety with which the automated capabilities of the vehicle may be deployed; or
(c) for the purpose of assisting the development of the automated capabilities of the vehicle; or
(d) for any other prescribed purpose;
S. 3(1) def. of alcohol interlock inserted by No. 1/2002 s. 3(1).
alcohol interlock, in relation to a motor vehicle, means a device capable of—
(a) analysing a breath sample for the presence of alcohol; and
(b) if it detects more than a certain concentration of alcohol, preventing the motor vehicle from being started;
S. 3(1) def. of alcohol interlock condition inserted by No. 1/2002 s. 3(1), substituted by No. 56/2013 s. 14(3).
alcohol interlock condition means a condition on a driver licence or learner permit under which the holder is only permitted to drive a motor vehicle in which an approved alcohol interlock has been installed, and maintained, by an approved alcohol interlock supplier or a person or body authorised by such a supplier;
S. 3(1) def. of alcohol interlock condition direction inserted by No. 56/2013 s. 14(2), amended by No. 49/2019 s. 116(Sch. 1 item 1(a)).
alcohol interlock condition direction means a direction given under section 50AAA(2) or (3) to the Secretary that it can only grant a person a driver licence or learner permit that is subject to an alcohol interlock condition;
S. 3(1) def. of alcohol interlock condition removal order inserted by No. 56/2013 s. 14(2), repealed by No. 7/2019 s. 6.
S. 3(1) def. of approved alcohol interlock inserted by No. 1/2002 s. 3(1), amended by Nos 49/2014 s. 37(1), 49/2019 s. 116(Sch. 1 item 1(a)).
approved alcohol interlock means an alcohol interlock of a type approved by the Secretary under section 50AAE(3) and, if that approval is varied under section 50AAH(1A), as so varied;
S. 3(1) def. of approved alcohol interlock supplier inserted by No. 1/2002 s. 3(1), amended by No. 49/2019 s. 116(Sch. 1 item 1(a)).
approved alcohol interlock supplier means a person or body approved by the Secretary under section 50AAE(5);
S. 3(1) def. of approved health professional inserted by No. 14/2000 s. 4(3), amended by Nos 97/2005 s. 182(Sch. 4 item 44(a)), 13/2010 s. 51(Sch. item 48.1), 25/2025 s. 3(a).
approved health professional means—
(a) a person registered under the Health Practitioner Regulation National Law—
(i) to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and
(ii) in the registered nurses division of that profession; or
(b) a person approved under subsection (4) to take a blood sample for the purposes of Part 5; or
(c) a person or a member of a class of person prescribed by the regulations;
S. 3(1) def. of approved provider inserted by No. 68/2017 s. 14(1), amended by No. 49/2019 s. 116(Sch. 1 item 1(b)).
approved provider—
(a) in relation to a behaviour change program, means a person or body approved by the Secretary under section 58J to provide a behaviour change program; and
(b) in relation to a safe driving program, means a person or body approved by the Secretary under section 84BP to provide an approved safe driving program;
S. 3(1) def. of approved road transport compliance scheme inserted by No. 110/2004 s. 22(1), amended by No. 30/2013 s. 60(Sch. item 8.1).
approved road transport compliance scheme means a scheme, agreement or arrangement that—
(a) is prescribed by the regulations; or
(b) is identified by, or is of a class identified by, the regulations—
and that makes provision for compliance with a road or transport law or a non‑Victorian road or transport law;
A scheme, agreement or arrangement that provides for a system of accreditation-based compliance.
S. 3(1) def. of articulated truck inserted by No. 89/1991 s. 4(1)(a), repealed by No. 57/1998 s. 4(1)(a).
S. 3(1) def. of assessment report inserted by No. 56/2013 s. 14(2), repealed by No. 68/2017 s. 14(2).
S. 3(1) def. of associate inserted by No. 110/2004 s. 22(1), substituted by No. 74/2007 s. 3(a), repealed by No. 30/2013 s. 60(Sch. item 8.2).
S. 3(1) def. of Australian driver licence inserted by No. 68/2017 s. 4(2).
Australian driver licence means—
(a) a driver licence; or
(b) a licence (other than an Australian learner permit) issued under the law of another State or a Territory authorising the holder to drive a motor vehicle on a highway;
S. 3(1) def. of Australian learner permit inserted by No. 68/2017 s. 4(2).
Australian learner permit means—
(a) a learner permit; or
(b) an interstate learner permit;
S. 3(1) def. of Australian road or transport law inserted by No. 110/2004 s. 22(1), repealed by No. 13/2024 s. 3(Sch. 1 item 11.1).
S. 3(1) def. of Australian road or transport law offence inserted by No. 110/2004 s. 22(1), repealed by No. 13/2024 s. 3(Sch. 1 item 11.2).
S. 3(1) def. of authorised officer repealed by No. 57/1998 s. 4(1)(a),
new def. of authorised officer inserted by No. 110/2004 s. 22(1), amended by No. 3/2017 s. 50(Sch. 1 item 9.1(a)), substituted by No. 49/2019 s. 116(Sch. 1 item 1(c)), amended by No. 41/2020 s. 24(a).
authorised officer means a person authorised by the Secretary or the Regulator under section 112;
S. 3(1) def. of Authority repealed by No. 44/1989 s. 41(Sch. 2 item 34.1(a)).
S. 3(1) def. of automated driving system inserted by No. 8/2018 s. 3.
automated driving system means technology (comprised of a combination of hardware and software) that is capable of performing the dynamic driving task of a motor vehicle;
S. 3(1) def. of automated mode inserted by No. 8/2018 s. 3.
automated mode, in relation to an automated vehicle, means the mode of operation of the vehicle in which the dynamic driving task is being performed by the automated driving system;
S. 3(1) def. of automated vehicle inserted by No. 8/2018 s. 3.
automated vehicle means a motor vehicle that is equipped with an automated driving system;
S. 3(1) def. of axle substituted by No. 57/1998 s. 5(1).
axle means one or more shafts positioned in a line across a vehicle, on which one or more wheels intended to support the vehicle turn;
S. 3(1)
def. of base registration fee
inserted by No. 76/2012 s. 19.
base registration fee means the fee specified in section 9(2);
S. 3(1) def. of behaviour change program inserted by No. 68/2017 s. 14(1).
behaviour change program means—
(a) a first-stage behaviour change program; or
(b) a second-stage behaviour change program;
S. 3(1) def. of beneficiary inserted by No. 74/2007 s. 3(h), repealed by No. 30/2013 s. 60(Sch. item 8.3).
S. 3(1) def. of bicycle inserted by No. 34/2023 s. 37.
bicycle has the same meaning as in the Road Rules;
S. 3(1) def. of bill of sale repealed by No. 25/2025 s. 3(b).
S. 3(1) def. of body corporate inserted by No. 110/2004 s. 22(1).
body corporate includes the Crown in any capacity and any body or entity that is not an individual;
S. 3(1) def. of breath analysing instrument amended by Nos 17/1994 s. 4(1), 94/2003 ss 8(1)(a), 10(1), 32/2011 s. 8(1).
breath analysing instrument means—
(a) the apparatus known as the Alcotest 7110 to which a plate is attached on which there is written, inscribed or impressed the numbers "3530791" whether with or without other expressions or abbreviations of expressions, commas, full stops, hyphens or other punctuation marks and whether or not all or any of the numbers are boxed in; or
(ab) the apparatus known as the Alcotest 9510 AUS to which a plate is attached on which there is written, inscribed or impressed the numbers "8320869" whether with or without other expressions or abbreviations of expressions, commas, full stops, hyphens or other punctuation marks and whether or not all or any of the numbers are boxed in; or
(b) apparatus of a type approved for the purposes of section 55 by the Minister by notice published in the Government Gazette or for the purposes of any corresponding previous enactment by the Governor in Council by notice published in the Government Gazette for ascertainment by analysis of a person's breath what concentration of alcohol is present in his or her breath;
S. 3(1) def. of bus inserted by No. 89/1991 s. 4(1)(b).
bus means a motor vehicle which (together with any trailer attached to it) seats more than 12 adults (including the driver);
S. 3(1) def. of bus company inserted by No. 69/2007 s. 72, amended by No. 6/2010 s. 203(1)
(Sch. 6 item 42.1(a)) (as amended by No. 45/2010 s. 22).
bus company has the same meaning as in the Transport (Compliance and Miscellaneous) Act 1983;
S. 3(1) def. of business day inserted by No. 74/2007 s. 3(h).
business day means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993;
S. 3(1) def. of certificate of completion inserted by No. 68/2017 s. 14(1).
certificate of completion means a certificate issued by an approved provider of a behaviour change program under section 58R certifying that a person has completed the program;
S. 3(1) def. of chassis number inserted by No. 81/2006 s. 39(a), amended by No. 49/2019 s. 116(Sch. 1 item 1(d)), substituted by No. 41/2020 s. 32(1)(a).
chassis number, in relation to a motor vehicle, means the identification number (not being a vehicle identification number) permanently marked on the chassis or other part of the vehicle—
(a) by the vehicle manufacturer at the time of manufacture; or
(b) as specified by the Secretary in accordance with the regulations; or
(c) in accordance with the law of another State or a Territory of the Commonwealth that corresponds with the regulations;
S. 3(1) def. of Chief Commis-sioner of Police inserted by No. 28/2009 s. 4(1), amended by No. 37/2014 s. 10(Sch. item 147.1(b)).
Chief Commissioner of Police has the same meaning as Chief Commissioner has in the Victoria Police Act 2013;
S. 3(1) def. of Chief Executive Officer of the Victorian Institute of Forensic Medicine inserted by No. 34/2024 s. 60(2).
Chief Executive Officer of the Victorian Institute of Forensic Medicine means the Chief Executive Officer within the meaning of the Victorian Institute of Forensic Medicine Act 2024;
S. 3(1) def. of Chief General Manager inserted by No. 5/1990 s. 4(b), repealed by No. 46/1998
s. 7(Sch. 1).
S. 3(1) def. of combination inserted by No. 68/2017 s. 71(1).
combination means a group of vehicles consisting of a motor vehicle connected to one or more other vehicles;
S. 3(1) def. of commercial driving instructor inserted by No. 92/2001 s. 5(1).
commercial driving instructor means a person who, for financial gain or in the course of any trade or business, is teaching a person, who is driving a motor vehicle of a kind described in section 33(3), for which that person does not hold an appropriate driver licence, to drive that motor vehicle on a highway;
S. 3(1) def. of commercial motor vehicle substituted by No. 30/2007 s. 233(1), amended by Nos 6/2010 s. 203(1)
(Sch. 6 item 42.1(b)) (as amended by No. 45/2010 s. 22), 63/2017 s. 21(Sch. 1 item 8.1(a)).
commercial motor vehicle means—
(a) a commercial passenger vehicle; or
(b) a tow truck within the meaning of the Accident Towing Services Act 2007;
S. 3(1) def. of commercial passenger vehicle inserted by No. 63/2017 s. 21(Sch. 1 item 8.1(c)).
commercial passenger vehicle has the same meaning as in the Commercial Passenger Vehicle Industry Act 2017;
S. 3(1) def. of consignee inserted by No. 110/2004 s. 22(1), substituted by No. 74/2007 s. 3(b) (as amended by No. 56/2008 s. 3(1)).
consignee, in relation to goods transported or to be transported by a heavy vehicle or a fatigue regulated heavy vehicle—
(a) means the person who—
(i) with that person's authority, is named or otherwise identified as the intended consignee of the goods in the transport documentation for the consignment; or
(ii) actually receives the goods after the goods are transported by road; but
(b) does not include a person who merely unloads or unpacks the goods;
S. 3(1) def. of consignor inserted by No. 110/2004 s. 22(1), substituted by No. 74/2007 s. 3(c) (as amended by No. 56/2008 s. 3(2)).
consignor of goods is a person who—
(a) with the person's authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road; or
(b) engages an operator of a vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or
(c) has possession of, or control over, the goods immediately before the goods are transported by road; or
(d) loads a vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is usually unattended (except by a driver of the vehicle, a trainee driver or any person necessary for the normal operation of the vehicle) during loading; or
(e) if the goods are imported into Australia, imports the goods;
S. 3(1) def. of container weight declaration inserted by No. 110/2004 s. 22(1), repealed by No. 30/2013 s. 60(Sch. item 8.4).
S. 3(1) def. of Contracting State inserted by No. 57/1998 s. 6, repealed by No. 13/2024 s. 3(Sch. 1 item 11.3).
S. 3(1) def. of Corporation inserted by No. 44/1989 s. 41(Sch. 2 item 34.1(b)), repealed by No. 49/2019 s. 116(Sch. 1 item 1(e)).
S. 3(1) def. of corres-ponding Authority inserted by No. 110/2004 s. 22(1), amended by No. 49/2019 s. 116(Sch. 1 item 1(f)).
corresponding Authority means any body outside Victoria that has any functions in relation to roads, vehicles or transport that correspond with any of the functions of the Secretary;
S. 3(1) def. of corres-ponding interstate drink-driving offence inserted by No. 68/2017 s. 4(2).
corresponding interstate drink-driving offence means an offence against a law of another State or a Territory that the Minister has declared under section 25(1) to correspond to a specified Victorian drink-driving offence;
S. 3(1) def. of corres-ponding law repealed by No. 81/2006 s. 39(b).
S. 3(1) def. of cost recovery fee inserted by No. 49/2014 s. 36(1).
cost recovery fee means a fee referred to in section 50AAKA;
S. 3(1) def. of CPVC inserted by No. 63/2017 s. 21(Sch. 1 item 8.1(c)), repealed by No. 34/2023 s. 127(Sch. 1 item 13.1(a)).
S. 3(1) def. of dentist inserted by No. 14/2000 s. 4(3), substituted by No. 94/2003 s. 27(1), amended by No. 97/2005 s. 182(Sch. 4 item 44(b)), substituted by No. 13/2010 s. 51(Sch. item 48.2(a)).
dentist means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the dental profession (other than as a student); and
(b) in the dentists division of that profession;
S. 3(1) def. of Department inserted by No. 70/2016 s. 41(1)(b), substituted by No. 49/2019 s. 116(Sch. 1 item 1(g)), amended by No. 25/2025 s. 106(Sch. 1 item 39.1(a)).
Department means the Department of Transport and Planning;
S. 3(1) def. of designated place inserted by No. 43/2011 s. 39, substituted by No. 37/2014 s. 10(Sch. item 147.1(c)).
designated place has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of digital driver licence document inserted by No. 46/2024 s. 22.
digital driver licence document means a driver licence document in digital format that is capable of being displayed on an electronic device through a software application approved by the Secretary under section 23AA;
S. 3(1) def. of digital learner permit document inserted by No. 46/2024 s. 22.
digital learner permit document means a learner permit document in digital format that is capable of being displayed on an electronic device through a software application approved by the Secretary under section 23AA;
S. 3(1) def. of digital licence or permit document inserted by No. 46/2024 s. 22.
digital licence or permit document means—
(a) a digital driver licence document; or
(b) a digital learner permit document; or
(c) a licence document or permit document in digital format issued in—
(i) another State or a Territory, authorising the holder of the licence or permit to drive a motor vehicle on a highway; or
(ii) another country, authorising the holder of the licence or permit to drive a motor vehicle;
S. 3(1) def. of Director, Fines Victoria inserted by No. 47/2014 s. 286.
Director, Fines Victoria has the same meaning as Director has in section 3 of the Fines Reform Act 2014;
S. 3(1) def. of Director of the Victorian Institute of Forensic Medicine inserted by No. 14/2000 s. 4(3), amended by No. 77/2008 s. 129(Sch. 2 item 24.1), repealed by No. 34/2024 s. 60(1).
S. 3(1) def. of display inserted by No. 46/2024 s. 22.
display, in relation to a digital licence or permit document, has the meaning given in section 3AF;
S. 3(1) def. of domestic partner inserted by No. 68/2017 s. 71(1).
domestic partner of a person means—
(a) a person who is in a registered relationship with the person; or
(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(i) for fee or reward; or
(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
S. 3(1) def. of drink-driving infringement inserted by No. 53/1989 s. 4(a), amended by Nos 89/1991 s. 4(1)(c), 17/1994 s. 4(2), 23/2001 s. 3(2), 94/2003 s. 8(1)(b), 111/2003 s. 4(2), 49/2014 s. 37(2), 68/2017 s. 4(1), 49/2019 s. 98(c).
drink-driving infringement means an offence under section 49(1)(b), (f) or (g), other than a supervising driver offence, in circumstances where[1]—
(a) the concentration of alcohol—
(i) in the blood of the person is less than 0⋅15 grams per 100 millilitres of blood; or
(ii) in the breath of the person is less than 0⋅15 grams per 210 litres of exhaled air—
(b) the offence is a first offence having regard to the provisions of section 48(2) or would, because of section 50AA, be treated as a first offence for the purposes of section 50(1A);
S. 3(1) def. of drinking while driving infringement inserted by No. 77/2011 s. 3(1), repealed by No. 68/2017 s. 29(1).
S. 3(1) def. of drive inserted by No. 110/2004 s. 22(1).
drive includes to be in control of a vehicle;
S. 3(1) def. of driver inserted by No. 110/2004 s. 22(1).
driver of a vehicle includes—
(a) a two-up driver of the vehicle who is present in or near the vehicle; and
(b) a person who is driving the vehicle as a driver under instruction or under an appropriate learner permit;
S. 3(1) def. of driver base inserted by No. 110/2004 s. 22(1), substituted by No. 74/2007 s. 3(d), amended by No. 49/2019 s. 116(Sch. 1 item 1(h)).
driver base, in relation to a heavy vehicle or a fatigue regulated heavy vehicle, means—
(a) in the case of a vehicle that is not part of a group of vehicles—
(i) the place recorded for the time being as the driver base in the log book or work diary kept by the driver of the vehicle; or
(ii) if no place is recorded as specified in subparagraph (i)—the garage address of the vehicle, as recorded—
(A) by the Secretary; or
(B) if the vehicle is registered in another State or Territory, by the registration authority of that State or Territory; or
(iii) if no place is recorded as specified in subparagraph (i) or (ii)—the place from which the driver normally works and receives instructions; or
(b) in the case of a group of vehicles—
(i) the place recorded for the time being as the driver base in the log book or work diary kept by the driver of the group; or
(ii) if no place is recorded as specified in subparagraph (i)—the garage address of each vehicle in the group, as recorded—
(A) by the Secretary; or
(B) if a vehicle is registered in another State or Territory, by the registration authority of that State or Territory; or
(iii) if no place is recorded as specified in subparagraph (i) or (ii)—the place from which the driver normally works and receives instructions;
driver licence means a licence granted under Part 3;
S. 3(1) def. of drug amended by No. 78/1987 s. 4(1)(a), substituted by No. 14/2000 s. 4(2).
drug means a substance that is a drug for the purposes of this Act by virtue of a declaration under subsection (3) or any other substance (other than alcohol) which, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;
S. 3(1) def. of drug-driving infringement inserted by No. 111/2003 s. 4(1), amended by Nos 49/2014 s. 37(3), 49/2019 s. 98(d), 46/2024 s. 42A.
drug-driving infringement means an offence under section 49(1)(bb), (h) or (i), other than a supervising driver offence, in circumstances where the offence is a first offence having regard to the provisions of section 48(2) or would, because of section 50AA, be treated as a first offence for the purposes of subsection (1E) or (1F) of section 50;
S. 3(1) def. of dynamic driving task inserted by No. 8/2018 s. 3.
dynamic driving task means all of the real-time operational and tactical functions (other than the selection of final and intermediate destinations) required to operate a vehicle in on-road traffic including (but not limited to)—
(a) turning, lane keeping and lane changing and providing the appropriate signal for any such manoeuvre; and
(b) accelerating and decelerating; and
(c) monitoring the driving environment and responding to whatever objects or events are detected; and
(d) manoeuvre planning;
S. 3(1) def. of electric scooter inserted by No. 34/2023 s. 37.
electric scooter has the same meaning as in the Road Rules;
S. 3(1) def. of electric scooter offence inserted by No. 26/2025 s. 3.
electric scooter offence means a prescribed offence against this Act, the regulations or the rules a necessary element of which is the riding of, or any other use of, an electric scooter;
S. 3(1) def. of engage in conduct inserted by No. 110/2004 s. 22(1), repealed by No. 30/2013 s. 60(Sch. item 8.5).
S. 3(1) def. of engine identification number inserted by No. 81/2006 s. 39(a).
engine identification number, in relation to a motor vehicle, means the individual number clearly stamped, embossed or otherwise permanently marked on the engine block or main component of the engine;
S. 3(1) def. of equipment inserted by No. 110/2004 s. 22(1).
equipment, in relation to a vehicle or combination, includes tools, devices and accessories in or on the vehicle or combination;
S. 3(1) def. of excessive speed infringement inserted by No. 53/1989 s. 4(b).
excessive speed infringement means an offence of a kind referred to in section 28(1)(a);
S. 3(1) def. of fatigue regulated heavy vehicle inserted by No. 74/2007 s. 3(h), repealed by No. 30/2013 s. 60(Sch. item 8.6).
S. 3(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 16.1).
film friendly principles has the same meaning as in the Filming Approval Act 2014;
S. 3(1) def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 16.1).
film permit has the same meaning as in the Filming Approval Act 2014;
S. 3(1) def. of first-stage behaviour change program inserted by No. 68/2017 s. 14(1), amended by No. 49/2019 s. 116(Sch. 1 item 1(i)).
first-stage behaviour change program means a behaviour change program approved by the Secretary under section 58I(1);
S. 3(1) def. of freight container inserted by No. 110/2004 s. 22(1).
freight container means—
(a) a re-usable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711.1:2000, Freight containers—Classification, dimensions and ratings, that is designed for repeated use for the transport of goods by one or more modes of transport; or
(b) a re-usable container of the same or a similar design and construction to a container referred to in paragraph (a) though of different dimensions; or
(c) a container of a kind specified by the regulations for the purposes of this definition—
but does not include anything declared by the regulations to be excluded from this definition;
S. 3(1) def. of full driver licence inserted by No. 78/1987 s. 4(1)(b).
full driver licence means a driver licence other than a probationary driver licence;
S. 3(1) def. of garage address of a vehicle inserted by No. 57/1998 s. 6, substituted by Nos 44/2003 s. 4(a), 74/2007 s. 3(e).
garage address, of a vehicle, means—
(a) in the case of a heavy vehicle that is normally kept at a depot or base of operations when not in use, the principal depot or base of operations of the vehicle; or
(b) in the case of a heavy vehicle that is normally kept on a highway when not in use—
(i) if the vehicle has only one registered operator, the home address of the registered operator; or
(ii) if the vehicle has more than one registered operator, the home address of the registered operator whose home address is nearest to the highway where it is kept; or
(c) in any other case, the place nominated by the applicant for registration as the place where the vehicle is normally kept;
S. 3(1) def. of garage address of a heavy vehicle inserted by No. 110/2004 s. 22(1), substituted as garage address of a vehicle by No. 74/2007 s. 3(e).
S. 3(1) def. of GCM inserted by No. 57/1998 s. 6, amended by No. 49/2019 s. 116(Sch. 1 item 1(j)).
GCM (gross combination mass) of a motor vehicle means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may lawfully be towed by it at one time—
(a) as specified by the motor vehicle's manufacturer; or
(b) as specified by the Secretary if—
(i) the manufacturer has not specified the sum of the maximum loaded mass; or
(ii) the manufacturer cannot be identified; or
(iii) the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;
S. 3(1) def. of goods inserted by No. 110/2004 s. 22(1).
goods includes animals (whether dead or alive) and containers (whether empty or not), but does not include people or fuel, water, lubricants, tools and other equipment or accessories that are necessary for the normal operation of the vehicle in which they are carried and that are not carried as cargo;
S. 3(1) def. of gross vehicle mass inserted by No. 89/1991 s. 4(1)(d), substituted as GVM by No. 57/1998 s. 5(2)(a), amended by No. 49/2019 s. 116(Sch. 1 item 1(j)).
GVM (gross vehicle mass) of a vehicle means the maximum loaded mass of the vehicle—
(a) as specified by the vehicle's manufacturer; or
(b) as specified by the Secretary if—
(i) the manufacturer has not specified a maximum loaded mass; or
(ii) the manufacturer cannot be identified; or
(iii) the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;
S. 3(1) def. of Head, Transport for Victoria inserted by No. 3/2017 s. 50(Sch. 1 item 9.1(b)).
Head, Transport for Victoria has the same meaning as it has in section 3 of the Transport Integration Act 2010;
S. 3(1) def. of heavy trailer combination inserted by No. 89/1991 s. 4(1)(d), repealed by No. 57/1998 s. 4(1)(a).
S. 3(1) def. of heavy vehicle inserted by No. 57/1998 s. 6, substituted by Nos 110/2004 s. 22(2), 30/2013 s. 60(Sch. item 8.7).
heavy vehicle has the same meaning as in the Heavy Vehicle National Law (Victoria);
S. 3(1) def. of highway substituted by No. 57/1998 s. 5(3).
highway means road or road related area;
S. 3(1) def. of hire-purchase agreement amended by Nos 2/2008 s. 59, 21/2012 s. 239(Sch. 6 item 39.1).
hire-purchase agreement means hire-purchase agreement within the meaning of the Australian Consumer Law and Fair Trading Act 2012;
S. 3(1) def. of home address inserted by No. 44/2003 s. 4(b).
home address of a person means—
(a) in the case of an individual—the person's residential address or place of abode in Australia; or
(b) in the case of a body corporate that has a registered office in Australia—the address of the registered office; or
(c) in any other case—the address of the person's principal or only place of business in Australia;
S. 3(1) def. of identification plate inserted by No. 81/2006 s. 39(a).
identification plate, in relation to a motor vehicle, has the same meaning as in the Motor Vehicle Standards Act 1989 of the Commonwealth;
infringement means a parking infringement or a traffic infringement;
S. 3(1) def. of infringement notice inserted by No. 6/2020 s. 3.
infringement notice has the same meaning as in the Infringements Act 2006;
S. 3(1) def. of inspector inserted by No. 110/2004 s. 22(1), amended by No. 37/2014 s. 10(Sch. item 147.1(d)).
inspector means an authorised officer or a police officer;
S. 3(1) def. of intelligent transport system inserted by No. 110/2004 s. 22(1), repealed by No. 30/2013 s. 60(Sch. item 8.8).
S. 3(1) def. of international driving permit inserted by No. 57/1998 s. 6, repealed by No. 5/2016 s. 16(b).
S. 3(1) def. of interstate alcohol interlock requirement inserted by No. 30/2021 s. 31.
interstate alcohol interlock requirement means a condition or requirement imposed on an interstate licence or permit holder that corresponds with an alcohol interlock condition;
interstate learner permit means a permit or authority to learn to drive a motor vehicle issued under an Act of another State or Territory of the Commonwealth which corresponds with this Act;
S. 3(1) def. of interstate licence or permit holder inserted by No. 30/2021 s. 31.
interstate licence or permit holder means a person who holds a current licence or permit authorising the person to drive a motor vehicle issued in another State or a Territory;
S. 3(1) def. of journey document-ation inserted by No. 110/2004 s. 22(1), amended by No. 74/2007 s. 3(i).
journey documentation means any documentation (other than transport documentation) directly or indirectly associated with—
(a) the actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or
(b) goods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport—
whether or not the documentation has been transmitted physically, electronically or in any other manner and whether or not the documentation relates to a particular journey or to journeys generally;
The following are examples of journey documentation—
(a) documents kept or used or obtained by a responsible person in connection with the transport of goods or passengers;
(b) workshop, maintenance and repair records relating to a vehicle used, or claimed to be used, for the transport of goods or passengers;
(c) a subcontractor's payment advice relating to goods or passengers or the transport of goods or passengers;
(d) documents kept or used or obtained by the driver of the vehicle used, or claimed to be used, for the transport of goods or passengers, such as a driver's run sheet, a log book entry, a work diary, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records;
(e) information reported through the use of an intelligent transport system;
(f) driver manuals and instruction sheets;
(g) advice in any form from check weighing carried out before, during or after a journey.
S. 3(1) def. of large vehicle inserted by No. 89/1991 s. 4(1)(e), amended by No. 57/1998 s. 4(1)(b), repealed by No. 41/2020 s. 32(2).
S. 3(1) def. of learner permit inserted by No. 5/2016 s. 16(a).
learner permit means a permit granted under Part 3;
S. 3(1) def. of legal entitlements inserted by No. 110/2004 s. 22(1).
legal entitlements of a vehicle means the details of the authority, conferred by or under a relevant law or scheme, that entitles it to be operated for the transport of goods or passengers by road, and includes any entitlements arising under or affected—
(a) by a permit, authorisation, approval, exemption, notice or anything else given or issued under that law or scheme; or
(b) by restrictions, or by the application of restrictions, under a relevant law or scheme or other laws;
Examples of restrictions in paragraph (b) include sign-posted mass limits for bridges and hazardous weather condition permits.
S. 3(1) def. of licence eligibility order inserted by No. 56/2013 s. 14(2), amended by No. 49/2019 s. 116(Sch. 1 item 1(k)).
licence eligibility order means an order made by the Magistrates' Court under section 31H declaring that a person is eligible to apply to the Secretary for the grant of a driver licence or learner permit;
S. 3(1) def. of licence eligibility report inserted by No. 56/2013 s. 14(2), repealed by No. 68/2017 s. 14(2).
S. 3(1) def. of licence restoration report inserted by No. 5/1990 s. 4(c), repealed by No. 56/2013 s. 14(4).
S. 3(1) def. of load inserted by No. 110/2004 s. 22(1).
load, in relation to a vehicle, means—
(a) all the goods, passengers and drivers in or on the vehicle; and
(b) all fuel, water, lubricants and readily removable tools and equipment carried in or on the vehicle and required for its normal operation; and
(c) anything that is used to enable goods or passengers to be carried in or on the vehicle and that is not part of the vehicle; and
(d) personal items used by a driver of the vehicle; and
(e) anything that is normally removed from the vehicle when not in use—
and includes a part of a load;
S. 3(1) def. of loader inserted by No. 110/2004 s. 22(1), substituted by No. 74/2007 s. 3(f).
loader means—
(a) a person who loads a vehicle or combination with goods for transport by road; or
(b) a person who loads a vehicle or combination with a freight container (whether or not containing goods) for transport by road; or
(c) without limiting paragraph (a) or (b), a person who loads a freight container already in or on a vehicle or combination with goods for transport by road; or
(d) a person who supervises an activity mentioned in paragraph (a), (b) or (c); or
(e) a person who manages or controls an activity mentioned in paragraph (a), (b), (c) or (d);
S. 3(1) def. of manu-facturer's build plate inserted by No. 81/2006 s. 39(a).
manufacturer's build plate, in relation to a motor vehicle, means a plate which describes the build specification of the vehicle and which was placed on the vehicle by the manufacturer at the time of its manufacture;
S. 3(1) def. of mass, dimension or load restraint limit or requirement inserted by No. 110/2004 s. 22(1).
mass, dimension or load restraint limit or requirement is any of the following as defined in Division 2 of Part 10: a mass limit, a width limit, a length limit, a height limit or a load restraint requirement;
S. 3(1) def. of mass limit inserted by No. 110/2004 s. 22(1).
mass limit has the meaning set out in section 153;
S. 3(1) def. of member of police personnel inserted by No. 28/2009 s. 4(1), repealed by No. 37/2014 s. 10(Sch. item 147.1(e)).
S. 3(1) def. of member of the police force
inserted by No. 28/2009 s. 4(1), repealed by No. 37/2014 s. 10(Sch. item 147.1(f)).
S. 3(1) def. of member of Victoria Police personnel inserted by No. 37/2014 s. 10(Sch. 147.1(a)).
member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of miniaturised motor cycle inserted by No. 70/2016 s. 23, amended by No. 49/2019 s. 116(Sch. 1 item 1(l)).
miniaturised motor cycle means a motor vehicle with 2 axle groups and an internal combustion engine or electric motors that are capable of giving the vehicle a top speed in excess of 25 kilometres per hour and that—
(a) has not been certified through the Commonwealth Road Vehicle Certification System; and
(b) has not been conditionally registered by the Secretary; and
(c) is not excluded from the definition of motor vehicle;
motor cycle means a two-wheeled motor vehicle and includes a motor cycle with a trailer, forecar or sidecar attached;
S. 3(1) def. of motor trike inserted by No. 49/2014 s. 36(1).
motor trike means a 3-wheeled motor vehicle but does not include—
(a) a motor cycle with a sidecar attached; or
(b) a motor vehicle with 3 wheels that has a body type similar to that commonly found on a motor vehicle with 4 wheels;
S. 3(1) def. of motor vehicle substituted by No. 57/1998 s. 5(4), amended by No. 46/2024 s. 18.
motor vehicle means a vehicle that is used or intended to be used on a highway and that is built to be propelled by a motor that forms part of the vehicle but does not include—
(a) a vehicle intended to be used on a railway or tramway; or
(b) a motorised wheel-chair capable of a speed of not more than 10 kilometres per hour which is used solely for the conveyance of a person with an injury or disability; or
(c) a vehicle that is not a motor vehicle byvirtue of a declaration under subsection (2)(b);
S. 3(1) def. of municipal council inserted by No. 28/2009 s. 4(1), amended by No. 9/2020 s. 390(Sch. 1 item 88).
municipal council has the same meaning as Council has in the Local Government Act 2020;
S. 3(1) def. of municipal district inserted by No. 34/2023 s. 37.
municipal district has the same meaning as in the Local Government Act 2020;
S. 3(1) def. of night inserted by No. 110/2004 s. 22(1).
night means the period between sunset on one day and sunrise on the next day;
S. 3(1) def. of no-truck zone inserted by No. 8/2019 s. 147.
no-truck zone means a road or a road related area that is specified in a declaration made under section 65BE;
S. 3(1) def. of no-truck zone camera inserted by No. 46/2024 s. 3(1).
no‑truck zone camera means a system consisting of a camera and associated equipment that is used or intended to be used for the purposes of detecting the commission of offences against section 65BA(1);
S. 3(1) def. of non-standard number plate inserted by No. 49/2004 s. 23, substituted by No. 41/2020 s. 14(1).
non‑standard number plate means a number plate that is one or more of the following—
(a) a number plate that bears a registration number that is the subject of registration number rights;
(b) a number plate that, at the time of issue, is not of the design, size, colour or material of number plates then generally issued on payment of the basic fee prescribed for the issue of number plates;
(c) a number plate or class of number plate that is determined by the Secretary, in accordance with subsections (8) and (9), to be a non‑standard number plate or a class of non‑standard number plate;
S. 3(1) def. of non-Victorian road or transport law inserted by No. 110/2004 s. 22(1).
non-Victorian road or transport law means a law of an Australian jurisdiction other than Victoria—
(a) that regulates, in that jurisdiction, the same conduct that a road or transport law regulates in Victoria; or
(b) that is specified as a law for the purposes of this definition by the regulations;
S. 3(1) def. of operator inserted by No. 110/2004 s. 22(1), substituted by No. 74/2007 s. 3(g).
operator means—
(a) in the case of a vehicle (including a vehicle in a group of vehicles that are physically connected)—the person responsible for controlling or directing the operations of the vehicle; or
(b) in the case of a group of vehicles that are physically connected—the person responsible for controlling or directing the operations of the towing vehicle in the group; but
does not include a person merely because the person owns a vehicle or does any or all of the following—
(c) drives a vehicle;
(d) maintains or arranges for the maintenance of a vehicle;
(e) arranges for the registration of a vehicle;
owner, in relation to a motor vehicle or trailer, includes a part owner and also—
(a) includes a person who has the possession and use of it under or subject to a hire-purchase agreement or a bill of sale or like instrument or under or subject to a written hiring agreement (not being a hire-purchase agreement) which requires that person to register the motor vehicle or trailer in that person's name; but
(b) does not include a person in whom the property in the motor vehicle or trailer or any absolute or conditional right or licence to take possession of the motor vehicle or trailer is vested under or subject to a hire-purchase agreement or a bill of sale or like instrument or written hiring agreement which requires another person to register the motor vehicle or trailer in the name of that other person but who has not for the time being the possession and use of the motor vehicle or trailer;
S. 3(1) def. of package inserted by No. 110/2004 s. 22(1).
package of goods means the complete product of the packing of the goods for transport by road, consisting of the goods and their packaging;
S. 3(1) def. of packaging inserted by No. 110/2004 s. 22(1).
packaging of goods means the container (including a freight container) in which the goods are received or held for transport by road, and includes anything that enables the container to receive or hold the goods or to be closed;
S. 3(1) def. of packer inserted by No. 110/2004 s. 22(1).
packer has the meaning set out in section 172;
S. 3(1) def. of park and ride facility inserted by No. 69/2007 s. 72.
park and ride facility means land or premises—
(a) vested in or under the control of a rail or bus operator; and
(b) to which specified provisions of this Act and the regulations relating to the regulation or control of the parking of a vehicle, or the leaving standing of a vehicle, apply under an Order under section 98 (whether or not other provisions of this Act or the regulations also apply under that Order);
S. 3(1) def. of parking infringement amended by Nos 12/1989 s. 4(1)(Sch. 2 item 105.1), 25/1996 s. 7, 14/2000 s. 16, 94/2003 s. 27(2), 28/2009 s. 4(3).
parking infringement means the parking of a vehicle, or leaving it standing, whether attended or not, in contravention of—
(aa) section 90E; or
(a) the regulations or rules; or
(b) a local law made by a municipal council; or
(c) any other Act, rule, regulation or by‑law;
S. 3(1) def. of Parliamentary reserve inserted by No. 4/2001 s. 29(1).
Parliamentary reserve has the same meaning as it has in the Parliamentary Precincts Act 2001;
S. 3(1) def. of passenger inserted by No. 110/2004 s. 22(1).
passenger, in relation to a vehicle, does not include the driver of the vehicle, a two-up driver of the vehicle or any person necessary for the normal operation of the vehicle;
S. 3(1) def. of passenger transport company inserted by No. 69/2007 s. 72, amended by No. 6/2010 s. 203(1)
(Sch. 6 item 42.1(c)) (as amended by No. 45/2010 s. 22).
passenger transport company has the same meaning as in the Transport (Compliance and Miscellaneous) Act 1983;
S. 3(1) def. of pedestrian inserted by No. 34/2023 s. 37.
pedestrian has the same meaning as in the Road Rules;
S. 3(1) def. of permissible non-prescription drug inserted by No. 14/2000 s. 4(3).
permissible non-prescription drug means—
(a) a Schedule 2 poison within the meaningof the Drugs, Poisons and Controlled Substances Act 1981 that is listed in Appendix K of Part 5 of the Commonwealth standard within the meaning of that Act; or
(b) a Schedule 3 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981;
S. 3(1) def. of permit repealed by No. 57/1998 s. 4(2)(a).
S. 3(1) def. of pharmacist inserted by No. 14/2000 s. 4(3), substituted by No. 80/2004 s. 150(Sch. 2 item 5), amended by No. 97/2005 s. 182(Sch. 4 item 44(c)), substituted by No. 13/2010 s. 51(Sch. item 48.2(b)).
pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);
S. 3(1) def. of physical licence or permit document inserted by No. 46/2024 s. 22.
physical licence or permit document means—
(a) a driver licence document in physical format; or
(b) a learner permit document in physical format; or
(c) a licence or permit document in physical format issued in—
(i) another State or a Territory, authorising the holder of the licence or permit to drive a motor vehicle on a highway; or
(ii) another country, authorising the holder of the licence or permit to drive a motor vehicle;
S. 3(1) def. of police custody officer inserted by No. 59/2015 s. 28.
police custody officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 147.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of power to mass ratio inserted by No. 68/2017 s. 69.
power to mass ratio of a motor vehicle means the ratio between the power output of the motor vehicle's engine and the tare mass of the motor vehicle as at the time of its manufacture, where the power output is expressed in kilowatts and the tare mass is expressed in tonnes;
S. 3(1) def. of pre-registration certificate repealed by No. 57/1998 s. 4(3)(a).
S. 3(1) def. of premises inserted by No. 110/2004 s. 22(1).
premises includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place;
S. 3(1) def. of prescribed alcohol interlock usage data requirements inserted by No. 49/2014 s. 36(1).
prescribed alcohol interlock usage data requirements means requirements specified by regulations made under item 57AA of Schedule 2;
S. 3(1) def. of prescribed concentration of alcohol amended by Nos 5/1990 s. 4(d), 94/2003 s. 8(1)(c).
prescribed concentration of alcohol means—
(a) in the case of a person to whom section 52 applies, the concentration of alcohol specified in that section; and
(b) in the case of any other person—
(i) a concentration of alcohol present in the blood of that person of 0⋅05 grams per 100 millilitres of blood; or
(ii) a concentration of alcohol present in the breath of that person of 0⋅05 grams per 210 litres of exhaled air;
S. 3(1) def. of prescribed concentration of drugs inserted by No. 111/2003 s. 4(1).
prescribed concentration of drugs means, in thecase of a prescribed illicit drug, any concentration of the drug present in the blood or oral fluid of that person;
S. 3(1) def. of prescribed illicit drug inserted by No. 111/2003 s. 4(1), amended by Nos 20/2006 s. 3, 25/2025 s. 18(1).
prescribed illicit drug means—
(a) methylamphetamine; or
(ab) 3, 4-Methylenedioxy-N-Methylamphetamine (MDMA); or
(b) delta-9-tetrahydrocannabinol;
S. 3(1) def. of prescribed no‑truck zone camera inserted by No. 46/2024 s. 3(1).
prescribed no‑truck zone camera means a type or class of no‑truck zone camera that is prescribed by regulations for the purposes of this Act;
S. 3(1) def. of prescribed road safety camera inserted by No. 28/2009 s. 4(2).
prescribed road safety camera means a type or class of road safety camera that is prescribed by regulations for the purposes of this Act;
S. 3(1) def. of prescribed speed detector inserted by No. 28/2009 s. 4(2).
prescribed speed detector means a type or class of speed detector that is prescribed by regulations for the purposes of this Act;
S. 3(1) def. of prescription drug inserted by No. 14/2000 s. 4(3).
prescription drug, in relation to a person, means a Schedule 4 poison or Schedule 8 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 which that person is authorised or licensed by or under that Act to have in his or her possession;
S. 3(1) def. of presiding officer inserted by No. 4/2001 s. 29(1).
presiding officer has the same meaning as it has in the Constitution Act 1975;
S. 3(1) def. of prime mover inserted by No. 89/1991 s. 4(1)(f).
prime mover means a motor vehicle which is constructed, designed or adapted for connecting to a semi-trailer;
S. 3(1) def. of probationary driver infringement inserted by No. 5/1990 s. 4(e), repealed by No. 46/2002 s. 3(a).
S. 3(1) def. of probationary driver licence inserted by No. 78/1987 s. 4(1)(c).
probationary driver licence means a licence referred to in section 21 during the period of probation of that licence;
S. 3(1) def. of prosecution officer amended by Nos 44/1989 s. 41(Sch. 2 item 34.1(c)), 49/2019 s. 116(Sch. 1 item 1(m)), 41/2020 s. 24(b).
prosecution officer means—
(a) a person who is appointed by the Chief Commissioner of Police for the purposes of Part 7; or
(c) a person who is referred to in paragraph (c), (dc) or (e) of section 77(2);
S. 3(1) def. of protective services officer inserted by No. 43/2011 s. 39, substituted by No. 37/2014 s. 10(Sch. item 147.1(g)).
protective services officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) defs of public place, recreation vehicle repealed by No. 57/1998 s. 4(4)(a).
S. 3(1) def. of rail or bus operator inserted by No. 69/2007 s. 72.
rail or bus operator means a bus company, a passenger transport company or Rail Track;
S. 3(1) def. of Rail Track inserted by No. 69/2007 s. 72, substituted by No. 6/2010 s. 203(1)
(Sch. 6 item 42.1(d)) (as amended by No. 45/2010 s. 22).
Rail Track means Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010;
S. 3(1) def. of reasonable steps defence inserted by No. 110/2004 s. 22(1).
reasonable steps defence has the meaning set out in section 179;
S. 3(1) def. of register of written-off vehicles inserted by No. 92/2001 s. 5(3).
register of written-off vehicles means the register of written-off vehicles required by section 16D;
S. 3(1) def. of registered industry code of practice inserted by No. 74/2007 s. 3(h).
registered industry code of practice means an industry code of practice for which registration is in force under section 93B;
S. 3(1) def. of registered owner repealed by No. 30/1997 s. 7(a).
S. 3(1) def. of registered medical practitioner inserted by No. 23/1994 s. 118(Sch. 1 item 50.1), amended by No. 97/2005 s. 182(Sch. 4 item 44(d)), substituted by No. 13/2010 s. 51(Sch. item 48.2(c)).
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
S. 3(1)
new def. of registered owner inserted by No. 30/1997 s. 7(b), substituted as registered operator by No. 57/1998 s. 5(5)(a).
registered operator of a vehicle means the person recorded on the register as the person responsible for the vehicle;
S. 3(1) def. of registration number inserted by No. 68/2017 s. 71(1), amended by No. 49/2019 s. 116(Sch. 1 item 1(n)).
registration number means a combination of one or more letters or numbers (or both) determined by the Secretary;
S. 3(1) def. of registration number rights inserted by No. 49/2004 s. 23.
registration number rights means the rights set out in section 5AD;
S. 3(1) def. of Regulator inserted by No. 30/2013 s. 60(Sch. item 8.9).
Regulator has the same meaning as in the Heavy Vehicle National Law (Victoria);
S. 3(1) def. of relevant law or scheme inserted by No. 28/2009 s. 4(1).
relevant law or scheme means—
(a) a road or transport law; or
(b) a non-Victorian road or transport law; or
(c) an approved road transport compliance scheme;
S. 3(1) def. of responsible person inserted by No. 110/2004 s. 22(1).
responsible person means any person having, at a relevant time, a role or responsibilities associated with road transport, and includes any of the following—
(a) an owner of a heavy vehicle;
(b) a driver, including a two-up driver, of a heavy vehicle;
(c) an operator or registered operator of a heavy vehicle;
(d) a person in charge, or apparently in charge, of a heavy vehicle;
(e) a person in charge, or apparently in charge, of the garage address of a heavy vehicle or the driver base of a heavy vehicle;
(f) a person appointed under an approved road transport compliance scheme to have monitoring or other responsibilities under the scheme, such as responsibilities for certifying, monitoring or approving heavy vehicles under the scheme;
(g) an operator of an intelligent transport system;
(h) a person who consigns goods for transport by road;
(i) a person who packs goods in a freight container or other container or in a package or on a pallet for transport by road;
(j) a person who loads goods or a container on a heavy vehicle for transport by road;
(k) a person who unloads goods, or a container containing goods, consigned for transport by road;
(l) a person to whom goods are consigned for transport by road;
(m) a person who receives goods packed outside Australia in a freight container or other container or on a pallet for transport by road in Australia;
(n) an owner or operator of a weighbridge or other weighing facility used to weigh heavy vehicles or an occupier of premises where such a weighbridge or weighing facility is located;
(o) a person who consigned, or arranged for, or offered, a freight container to be transported by road;
(p) a person who controls, or directly influences, the loading or operation of a heavy vehicle;
(q) an agent, employer, employee or sub‑contractor of any person referred to in the preceding paragraphs of this definition;
S. 3(1) def. of rigid inserted by No. 89/1991 s. 4(1)(g), substituted by No. 57/1998 s. 5(6).
rigid means not articulated, other than in respect of an articulated bus;
S. 3(1) def. of road inserted by No. 57/1998 s. 6.
road means—
(a) an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles; or
(b) a place that is a road by virtue of a declaration under subsection (2)(a)—
but does not include a place that is not a road by virtue of a declaration under subsection (2)(a);
S. 3(1) def. of road infra-structure inserted by No. 110/2004 s. 22(1).
road infrastructure includes—
(a) a road, including its surface or pavement; and
(b) anything under or supporting a road or its surface or pavement and maintained by a road authority; and
(c) any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and
(d) any bridge or other work or structure located above, in or on a road and maintained by a road authority; and
(e) any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a)–(d); and
(f) anything declared by the regulations to be included in this definition;
but does not include anything declared by the regulations to be excluded from this definition;
S. 3(1) def. of road or transport law inserted by No. 110/2004 s. 22(1), amended by Nos 13/2009 s. 87, 28/2009 s. 4(4), 6/2010 s. 203(1)
(Sch. 6 item 42.1(e)) (as amended by No. 45/2010 s. 22).
road or transport law means—
(a) this Act;
(aa) the Bus Safety Act 2009;
(b) the Transport (Compliance and Miscellaneous) Act 1983;
(c) any regulation made under this Act or the Transport (Compliance and Miscellaneous) Act 1983;
(d) any rule;
S. 3(1) def. of road or transport law offence inserted by No. 110/2004 s. 22(1), repealed by No. 13/2024 s. 3(Sch. 1 item 11.4).
S. 3(1) def. of road related area
inserted by No. 57/1998 s. 6.
road related area means—
(a) an area that divides a road; or
(b) a footpath or nature strip adjacent to a road; or
(c) an area that is open to the public and is designated for use by cyclists or animals; or
(d) an area that is not a road and that is open to or used by the public for driving, riding or parking motor vehicles; or
(e) a place that is a road related area by virtue of a declaration under subsection (2)(a)—
but does not include a place that is not a road related area by virtue of a declaration under subsection (2)(a);
S. 3(1) def. of Road Rules inserted by No. 68/2017 s. 78.
Road Rules means the Road Safety Road Rules 2017;
S. 3(1) def. of road safety camera inserted by No. 28/2009 s. 4(2), amended by No. 46/2024 s. 3(2).
road safety camera means a system consisting of a camera and associated equipment that is used or intended to be used for the purpose of detecting the commission of offences against this Act or regulations made under this Act other than an offence against section 65BA(1);
S. 3(1) def. of rules inserted by No. 28/2009 s. 4(1).
rules means rules made under section 95D;
S. 3(1) def. of Safe Transport Victoria inserted by No. 34/2023 s. 127(Sch. 1 item 13.1(b)).
Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;
S. 3(1) def. of second-stage behaviour change program inserted by No. 68/2017 s. 14(1), amended by No. 49/2019 s. 116(Sch. 1 item 1(o)).
second-stage behaviour change program means a behaviour change program approved by the Secretary under section 58I(2);
S. 3(1) def. of Secretary inserted by No. 44/2003 s. 4(b), amended by Nos 50/2012 s. 29(1), 70/2013 s. 4(Sch. 2 item 44.1), substituted by Nos 70/2016 s. 41(1)(a), 49/2019 s. 116(Sch. 1 item 1(p)), amended by No. 25/2025 s. 106(Sch. 1 item 39.1(b)).
Secretary means the Secretary to the Department;
S. 3(1) def. of Secretary
to the Department
of Health inserted by No. 29/2010 s. 68(1)(c), substituted as Secretary
to the Department
of Health and Human Services by No. 70/2016 s. 40(1)(b).
Secretary to the Department of Health and Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services;
S. 3(1) def. of semi-trailer inserted by No. 89/1991 s. 4(1)(g), substituted by No. 30/2013 s. 60(Sch. item 8.10).
semi-trailer means a trailer that has—
(a) one axle group or a single axle towards the rear; and
(b) a means of attachment to a prime mover that results in some of the mass of the trailer's load being imposed on the prime mover;
serious injury has the same meaning as in section 15 of the Crimes Act 1958;
S. 3(1) def. of speed detector inserted by No. 28/2009 s. 4(2).
speed detector means a device that is used or intended to be used for the purpose of detecting the commission of offences against this Act or regulations made under this Act;
S. 3(1) def. of spouse inserted by No. 68/2017 s. 71(1).
spouse, in relation to a person, means a person to whom the person is married;
S. 3(1) def. of substance inserted by No. 14/2000 s. 4(3).
substance means substance in any form (whether gaseous, liquid, solid or other) and includes material, preparation, extract and admixture;
S. 3(1) def. of supervising driver inserted by No. 49/2019 s. 98(b).
supervising driver means a person, other than a commercial driving instructor acting as such, who is sitting beside a person, who is driving a motor vehicle for which that person does not hold an appropriate driver licence, for the purpose of enabling that person lawfully to drive that motor vehicle on a highway;
S. 3(1) def. of supervising driver offence inserted by No. 49/2019 s. 98(b).
supervising driver offence means an offence under section 49(1) which is committed by a person who is taken to be in charge of a motor vehicle by reason of the operation of section 3AA(1)(d);
S. 3(1) new def. of tailgating infringement inserted by No. 30/1997 s. 7(d), repealed by No. 81/2006 s. 39(b).
S. 3(1) def. of tare mass, in relation to a motor vehicle inserted by No. 68/2017 s. 69.
tare mass, in relation to a motor vehicle, means the mass of the motor vehicle when ready for service, unoccupied and unladen, with all fluid reservoirs filled to nominal capacity except for fuel (which shall be 10 litres only) and with all standard equipment and any options fitted;
S. 3(1) def. of tare mass, in relation to a trailer inserted by No. 89/1991 s. 4(1)(h).
tare mass, in relation to a trailer, means its unladen mass when it is in ordinary running condition and not carrying persons or goods;
S. 3(1) def. of tailgating infringement inserted by No. 5/1990 s. 4(f), repealed by No. 30/1997 s. 7(c).
S. 3(1) def. of taxi-cab inserted by No. 58/1995 s. 4, amended by No. 6/2010 s. 203(1)
(Sch. 6 item 42.1(f)) (as amended by No. 45/2010 s. 22), repealed by No. 63/2017 s. 21(Sch. 1 item 8.1(b)).
S. 3(1) def. of the register inserted by No. 57/1998 s. 6.
the register means the register of vehicles maintained in accordance with the regulations;
tractor means a motor vehicle that is a tractor by virtue of a declaration under subsection (2)(c);
S. 3(1) def. of traffic infringement amended by Nos 54/1987 s. 16(4)(a), 53/1989 s. 4(c), 5/1990 s. 4(g), 89/1991 s. 17(1)(a), 84/1994 s. 56, 30/1997 s. 7(e), 14/2000 s. 26(1), 37/2002 s. 51(1), 46/2002 s. 3(b), 111/2003 s. 4(3), 28/2009 s. 4(5), 6/2010 s. 203(1)(Sch. 6 item 42.1(g)) (as amended by No. 45/2010 s. 22), 77/2011 s. 3(2), 68/2017 s. 29(2), 39/2018 s. 53.
traffic infringement means—
(a) an offence, other than a parking infringement, against this Act, the regulations or the rules which is a prescribed offence for the purposes of Part 7; or
(b) an offence against section 115 of the Environment Protection Act 2017 relating to the deposit of waste from a vehicle; or
(c) an offence against the Transport (Compliance and Miscellaneous) Act 1983 or the regulations made under that Act which is a prescribed offence for the purposes of Part 7; or
(d) a drink-driving infringement; or
(e) an excessive speed infringement; or
(f) a drug-driving infringement; or
(h) an offence against section 109 of the Transport Accident Act 1986 which is a prescribed offence for the purposes of Part 7;
S. 3(1) def. of traffic infringement notice inserted by No. 6/2020 s. 3.
traffic infringement notice means an infringement notice in respect of a traffic infringement;
S. 3(1) def. of trailer substituted by No. 57/1998 s. 5(7).
trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed;
S. 3(1) def. of transport document-ation inserted by No. 110/2004 s. 22(1).
transport documentation means—
(a) any contractual documentation directly or indirectly associated with—
(i) a transaction for, or relating to, the actual or proposed transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or
(ii) goods or passengers themselves so far as the documentation is relevant to their actual or proposed transport; or
(b) any associated documentation—
(i) contemplated in the contractual documentation; or
(ii) required by law, or customarily provided, in connection with the contractual documentation or with the transaction—
whether or not the documentation has been transmitted physically, electronically or in any other manner;
Examples of transport documentation include an invoice, delivery order, consignment note, load manifest, vendor declaration, export receival advice, bill of lading, contract of carriage, sea carriage document, and container weight declaration, relating to goods or passengers.
S. 3(1) def. of Tribunal repealed by No. 120/1993 s. 62.
S. 3(1) def. of truck inserted by No. 89/1991 s. 4(1)(i), substituted by No. 57/1998 s. 5(8).
truck means a rigid motor vehicle that is principally constructed as a load carrying vehicle;
S. 3(1) def. of TSC inserted by No. 43/2013 s. 53(1), repealed by No. 63/2017 s. 21(Sch. 1 item 8.1(b)).
S. 3(1) def. of two-up driver inserted by No. 110/2004 s. 22(1).
two-up driver means a person who—
(a) shares with another person the driving of a heavy vehicle; and
(b) travels as a passenger on the vehicle whilst the other person is driving the vehicle;
S. 3(1) def. of use inserted by No. 57/1998 s. 6.
use of a vehicle includes standing the vehicle on a road or road related area;
vehicle means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes bicycle or other pedal-powered vehicle, trailer, tram-car and air-cushion vehicle but does not include railway locomotive or railway rolling stock;
S. 3(1) def. of vehicle identification number inserted by No. 81/2006 s. 39(a), amended by Nos 49/2019 s. 116(Sch. 1 item 1(q)), 41/2020 s. 32(1)(c).
vehicle identification number, in relation to a motor vehicle, means the 17 character alpha‑numeric identifier—
(a) permanently marked on the vehicle in accordance with Australian Design Rule 61; or
(b) specified by the Secretary in accordance with the regulations—
that uniquely identifies the vehicle and sets it apart from similar vehicles;
S. 3(1) def. of vehicle identifier inserted by No. 81/2006 s. 39(a), amended by No. 75/2010 s. 12, substituted by No. 41/2020 s. 32(1)(b).
vehicle identifier, in relation to a motor vehicle, means—
(a) the vehicle identification number permanently marked on the vehicle; or
(b) the chassis number permanently marked on the vehicle;
S. 3(1) def. of vehicle supervisor inserted by No. 8/2018 s. 3.
vehicle supervisor, in relation to an automated vehicle specified in an ADS permit, means a person named in the application for the permit as a vehicle supervisor for the vehicle;
S. 3(1) def. of Victoria Police employee inserted by No. 25/2025 s. 3(c).
Victoria Police employee has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of written-off vehicle inserted by No. 92/2001 s. 5(3).
written-off vehicle has the meaning given in section 16B.
S. 3(1A) inserted by No. 4/2001 s. 29(2), amended by No. 28/2009 s. 4(6).
(1A) The provisions of this Act, the regulations and the rules relating to—
(a) parking infringements (other than parking infringements involving a contravention of section 90E); and
(b) the parking of vehicles; and
(c) any other prescribed offence; and
(d) any other prescribed matter—
apply to the Parliamentary reserve as if the Parliamentary reserve were a highway.
(2) The Governor in Council may by Order published in the Government Gazette—
S. 3(2)(a) substituted by No. 57/1998 s. 4(4)(c).
(a) declare any place or class of places, whether open to vehicles or not, to be or not to be a road or roads or a road related area or road related areas for the purposes of this Act; and
S. 3(2)(b) substituted by No. 41/2020 s. 32(3).
(b) declare any motor vehicle or class of motor vehicles not to be a motor vehicle or motor vehicles for the purposes of this Act or a specified provision of this Act, for the whole of the State or a specified part of the State; and
(c) declare any motor vehicle or class of motor vehicles to be a tractor or tractors for the purposes of this Act; and
S. 3(2)(d) amended by No. 57/1998 s. 4(4)(d)(i).
(d) declare any vehicle, implement, machine or other structure or class of vehicles, implements, machines or other structures to be a trailer or trailers for the purposes of this Act.
S. 3(2)(e) repealed by No. 57/1998 s. 4(4)(d)(ii).
S. 3(2A) inserted by No. 41/2020 s. 32(4).
(2A) An Order published under subsection (2) may differ according to time, place or circumstance.
S. 3(3) inserted by No. 14/2000 s. 4(4).
(3) The Minister may, by Order published in the Government Gazette, declare any substance to be a drug for the purposes of this Act.
S. 3(4) inserted by No. 14/2000 s. 4(4), amended by No. 34/2024 s. 60(3).
(4) The Chief Executive Officer of the Victorian Institute of Forensic Medicine may, in writing, approve a person to take blood samples for the purposes of Part 5 if the Chief Executive Officer is of the opinion that the person has the appropriate qualifications, training and experience to take such samples.
S. 3(5) inserted by No. 28/2009 s. 4(7).
(5) In this Act, unless the context otherwise requires, a reference to the regulations includes a reference to the rules.
S. 3(6) inserted by No. 28/2009 s. 4(7).
(6) For the avoidance of doubt, in this Act—
(a) a reference to a traffic signal includes a reference to a warning light, bell, gate, boom or barrier at a level crossing;
(b) a reference to a level crossing includes a reference to any area adjacent to the crossing that is denoted by painted cross-hatched road markings.
S. 3(7) inserted by No. 68/2017 s. 71(2).
(7) For the purposes of the definition of domestic partner in subsection (1)—
(a) registered relationship has the same meaning as in the Relationships Act 2008; and
(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and
(c) a person is not a domestic partner of another person only because they are co-tenants.
S. 3(8) inserted by No. 41/2020 s. 14(2).
(8) The Secretary may determine a number plate to be a non‑standard number plate or a class of number plate to be a class of non‑standard number plate for the purpose of the definition of non‑standard number plate in subsection (1).
S. 3(9) inserted by No. 41/2020 s. 14(2).
(9) A determination under subsection (8)—
(a) must be published in the Government Gazette; and
(b) has effect on its publication in the Government Gazette or on the later date specified in the determination.
S. 3AAA inserted by No. 74/2007 s. 4.
3AAA Definition of *driver base*
For the purposes of the definition of driver base in section 3(1)—
S. 3AAA(a) amended by No. 30/2013 s. 60(Sch. item 8.11).
(a) a group of vehicles means a heavy vehicle that is physically connected to one or more other vehicles (even if those other vehicles are not heavy vehicles); and
(b) if a driver is a self-employed driver and an employed driver at different times, the driver may have one driver base as a self-employed driver and another driver base as an employed driver; and
(c) if a driver has 2 or more employers, the driver may have a different driver base in relation to each employer.
S. 3AA inserted by No. 92/2001 s. 6.
3AA Circumstances in which person is to be taken to be in charge of a motor vehicle
(1) Without limiting the circumstances in which a person is in charge of a motor vehicle, the following persons are to be taken to be in charge of a motor vehicle for the purposes of this Act—
(a) a person who is attempting to start or drive the motor vehicle;
(b) a person with respect to whom there are reasonable grounds for the belief that he or she intends to start or drive the motor vehicle;
S. 3AA(1)(ba) inserted by No. 8/2018 s. 4.
(ba) a person who is a vehicle supervisor of an automated vehicle for which an ADS permit is in force and which is operating in automated mode at any time while the person is assigned by the ADS permit holder to perform duties as a vehicle supervisor in relation to the vehicle;
(c) a commercial driving instructor while the person whom he or she is teaching to drive is driving or in charge of the vehicle;
S. 3AA(1)(d) amended by No. 49/2019 s. 99.
(d) a supervising driver while the person whom the supervising driver is sitting beside is driving or in charge of the vehicle.
(2) Subsection (1)(c) or (d) does not affect any liability of the person being taught or accompanied for any offence committed by that person while driving or being in charge of the motor vehicle.
S. 3AB inserted by No. 92/2001 s. 6, amended by No. 8/2018 s. 5 (ILA s. 39B(1)).
3AB Circumstances in which person is to be taken to be driving a motor vehicle
(1) Without limiting the circumstances in which a person is driving a motor vehicle, a person who is steering a motor vehicle which is being towed by another motor vehicle is to be taken to be driving the towed motor vehicle for the purposes of this Act, whether or not the towed motor vehicle has any other means of propulsion and whether or not the person steering it has any control over its means of propulsion.
S. 3AB(2) inserted by No. 8/2018 s. 5.
(2) Without limiting the circumstances in which a person is driving an automated vehicle for which an ADS permit is in force—
(a) the ADS permit holder is to be taken to be driving the vehicle for the purposes of this Act at any time when the vehicle is operating in automated mode, whether or not at that time a vehicle supervisor is assigned by the ADS permit holder to perform duties as a vehicle supervisor in relation to the vehicle; and
(b) a vehicle supervisor who is assigned by the ADS permit holder to perform duties as a vehicle supervisor in relation to the vehicle is to be taken to be driving the vehicle for the purposes of this Act at any time when the vehicle is operating other than in automated mode.
S. 3AB(3) inserted by No. 8/2018 s. 5.
(3) Without limiting the circumstances in which a person is driving an automated vehicle for which there is not an ADS permit in force, any of the following persons is to be taken to be driving the vehicle for the purposes of this Act, even if the vehicle is operating in automated mode—
(a) a person who is seated in the driver seat at a time when the vehicle is being used on a highway;
(b) a person who has any control over the performance of the dynamic driving task at a time when the vehicle is being used on a highway.
S. 3AC inserted by No. 14/2007 s. 11.
3AC Circumstances in which person is taken to be driving a trailer
Without limiting the circumstances in which a person is driving a trailer, a person who is driving a motor vehicle to which a trailer is attached is to be taken to be driving the trailer for the purposes of this Act.
S. 3AD inserted by No. 56/2013 s. 15.
3AD Circumstances in which person is to be taken to be disqualified from obtaining a driver licence or learner permit
Without limiting the circumstances in which a person is disqualified from obtaining a driver licence or learner permit, a person who is disqualified from driving a motor vehicle on a road in Victoria under—
(a) section 89C(3A) of this Act; or
(b) section 89D(1A) of this Act; or
S. 3AD(c) substituted by No. 7/2019 s. 7.
(c) section 89(1)(b), (3)(b) or (4)(b) of the Sentencing Act 1991; or
S. 3AD(d) inserted by No. 7/2019 s. 7.
(d) section 89A(1)(b) of the Sentencing Act 1991—
is to be taken to be also disqualified under that section from obtaining a driver licence or learner permit under this Act for the period for which he or she is so disqualified from driving.
S. 3AE inserted by No. 56/2013 s. 15.
3AE Circumstances in which person is to be taken to be disqualified from driving a motor vehicle on a road in Victoria
Without limiting the circumstances in which a person is disqualified from driving a motor vehicle on a road in Victoria, a person who (whether under this or any other Act, other than by force of section 3AD of this Act) is disqualified from obtaining a driver licence or learner permit under this Act is to be taken to be disqualified from driving a motor vehicle on a road in Victoria for the period for which he or she is so disqualified from obtaining a driver licence or learner permit.
S. 3AF inserted by No. 46/2024 s. 23.
3AF Meaning of *display* in relation to digital licence or permit
(1) For the purposes of this Act, a person displays a digital licence or permit document if the person—
(a) ensures*,* as far as is reasonably practicable, that the digital licence or permit is shown clearly and legibly to the person who has requested production or display of the digital licence or permit document; and
(b) confirms the digital licence or permit document is current and valid on request, including by refreshing or updating, or attempting to refresh or update, the digital licence or permit document to show that it is the most recent version; and
(c) complies with any additional prescribed requirements in relation to displaying the digital licence or permit document.
(2) A person who has been asked to display a digital licence or permit document is not required to give the electronic device on which the digital licence or permit document is displayed to the person who made the request.
S. 3A
inserted by No. 57/1998 s. 7, repealed by No. 24/2005 s. 3.
S. 3B inserted by No. 6/2010 s. 24(5)(Sch. 1 item 15) (as amended by No. 45/2010 s. 5).