VICIn ForceAct
Road Safety Act 1986
85IImmediate licence or permit suspension for certain offences resulting in injury or death 623
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85I Immediate licence or permit suspension for certain offences resulting in injury or death 623
85IA Immediate licence or permit suspension for certain other offences 625
85J Period of suspension 626
Division 4—General provisions 626
85K When does suspension commence? 626
85L Content and copies of notice 626
85M When is a person charged with an offence? 627
85N Surrender of licence or permit document 627
85O Effect of suspension under this Part 627
85P Effect of later cancellation or suspension of licence or permit 628
85Q Cancellation of suspension 628
85R Supervising driver offences 629
85S Appeal to the Magistrates' Court 629
85T Orders Magistrates' Court may make in the proceeding 630
85U Cross-examination as to offence with which person is charged 630
85V Prohibition on use of information or documents in subsequent proceedings 631
85W Orders courts may make during other processes 631
Part 6C—Immediate non‑Victorian licence or permit holder and unlicensed driver disqualification 632
Division 1—Preliminary 632
85X Definitions 632
Division 2—Immediate disqualification for certain drug or alcohol related offences 634
85Y Immediate disqualification for charges for certain drug or alcohol related offences 634
85Z Immediate disqualification for charges for other drug or alcohol related offences 635
85ZA Immediate disqualification where certain certificates of breath or blood alcohol concentration issued 636
85ZB Period of disqualification 637
85ZC Effect of issue of traffic infringement notice 638
85ZD Effect of charging a person who has been disqualified under section 85ZA 640
Division 3—Immediate disqualification for certain speeding offences 640
85ZE Immediate disqualification for certain speeding offences 640
85ZF Immediate disqualification where certain traffic infringement notices issued 641
85ZG Period of disqualification 642
Division 4—Immediate disqualification for certain other offences 643
85ZH Immediate disqualification for certain offences resulting in injury or death 643
85ZHA Immediate disqualification for certain other offences 644
85ZI Period of disqualification 646
Division 5—General provisions 646
85ZJ When does disqualification commence? 646
85ZK Content and copies of notice 646
85ZL When is a non-Victorian licence or permit holder or unlicensed driver charged with an offence? 647
85ZM Effect of disqualification under this Part 647
85ZN Effect of later disqualification by a court 647
85ZO Cancellation of disqualification 647
85ZP Supervising driver offences 648
85ZQ Appeal to the Magistrates' Court 648
85ZR Orders Magistrates' Court may make in the proceeding 648
85ZS Cross-examination as to offence with which person is charged 649
85ZT Prohibition on use of information or documents in subsequent proceedings 650
85ZU Orders courts may make during other processes 650
Part 7—Infringements 651
86 Parking infringements to be operator onus offences 651
87 Service of parking infringement notices 651
88 Traffic infringements 659
89 Effect of payment of penalty 663
89A Effect of drink-driving infringements, drug-driving infringements and excessive speed infringements 665
89B Extension of time to object if no actual notice 668
89BA Extension of time to lodge statement under section 84BE 672
89C Cancellation of licence or permit for drink-driving infringements 675
89D Suspension of licence or permit for excessive speed infringement or drug-driving infringement 678
89E Application of the Fines Reform Act 2014 to certain offences 681
89F Application and modification of Schedule 3 to the Children, Youth and Families Act 2005 682
90 Proof of prior convictions 683
Part 7A—Private parking areas 685
90A Definitions 685
90B Abolition of distress damage feasant in relation to motor vehicles 686
90C Detention or immobilisation of motor vehicles 686
90D Agreements 687
90E Parking in council controlled areas 689
90F Removal of vehicles from council controlled areas 690
90G Entry to council controlled areas 691
90H Wheel clamping agreements 692
Part 7B—Use and disclosure of information 694
90I Interpretation 694
90J Information to which this Part applies 697
90K Authorised use or disclosure 699
90L Exceptional circumstances 703
90M Verification of information 706
90N Information protection agreements 707
90O Disclosure not mandatory 709
90P Freedom of Information Act 1982 709
90Q Offences 710
90R Discovery for purpose of recovery of private car park fees 711
Part 8—General 713
93 Service of notices 715
93A Guidelines for industry codes of practice 718
93B Registration of industry codes of practice 718
94 Approvals by Chief Commissioner or Secretary 719
94A Supreme Court—limitation of jurisdiction 719
94B Supreme Court—limitation of jurisdiction 720
95 Regulations 720
95D Rules 728
95E Gazette notices may incorporate document etc. 729
96 Disallowance of instruments 729
96A Application orders and emergency orders 730
96B Minister may issue guidelines about testing of persons under section 27 731
97 Application of fees 733
97A Administrative fees 733
98 Minister may extend application of Act 734
99 Warning signs and other installations 735
99A Conduct of works or activities on a highway 735
99B Non-road activities on highways 737
99C Minister may designate road safety research trial 738
99D Reporting incidence of camera detected no-truck zone offences 739
100 Inconsistent regulations or by-laws 741
103 Transitional provisions 741
103A Transitional provisions—Road Safety (Further Amendment) Act 2001 745
103B Application of amendment made by the Road Safety (Alcohol Interlocks) Act 2002 746
103C Application of amendments made by the Road Safety (Responsible Driving) Act 2002 747
103D Application of amendments made by the Road Safety (Amendment) Act 2003 749
103E Validation of sale of registration number rights and collection of certain amounts 749
103F Regulations may take effect on commencement 752
103G Transitional provision—Transport Legislation (Miscellaneous Amendments) Act 2004 752
103H Transitional provision—sections 27 and 33 of the Transport Legislation (Amendment) Act 2004 753
103I Application of amendments made by section 41 of the Transport Legislation (Amendment) Act 2004 753
103J Transitional provisions—Road Safety (Further Amendment) Act 2005 753
103K Transitional provision—Road Safety (Drugs) Act 2006 754
103L Transitional provisions—Road Legislation (Projects and Road Safety) Act 2006 755
103M Transitional provisions—Road Legislation Amendment Act 2007 756
103N Transitional provisions for operator onus—Road Legislation Further Amendment Act 2007 757
103O Transitional provisions for Demerits Register—Road Legislation Further Amendment Act 2007 758
103P Transitional provisions for level crossings—Road Legislation Further Amendment Act 2007 758
103Q Transitional provisions for fatigue regulated heavy vehicles—Road Legislation Further Amendment Act 2007 759
103U Definition 759
103V Transitional provision 2009 Act—Section 79 evidence 760
103W Transitional provision 2009 Act—Section 80A evidence 760
103X Transitional provision 2009 Act—Section 81 evidence 760
103Y Transitional provision 2009 Act—Section 83 certificates 761
103Z Transitional provision 2009 Act—Section 83A certificates 762
103ZA Transitional provision—Justice Legislation Amendment Act 2010 763
103ZB Transitional provision—Health and Human Services Legislation Amendment Act 2010 764
103ZC Transitional provision—Road Safety Amendment (Hoon Driving) Act 2010 764
103ZD Transitional provision—Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 765
103ZE Transitional provision—Road Safety Amendment Act 2012 767
103ZF Transitional provision—Road Safety and Sentencing Acts Amendment Act 2012 768
103ZG Transitional provisions—Road Safety and Sentencing Acts Amendment Act 2013 768
103ZH Transitional provision Heavy Vehicle National Law Application Act 2013 772
103ZHA Transitional provisions—Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 772
103ZHB Transitional provision—Road Legislation Amendment Act 2013 773
103ZI Transitional provisions—Road Safety Amendment Act 2014 774
103ZJ Transitional provision—Road Legislation Further Amendment Act 2016 776
103ZK Transitional provisions—Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017 777
103ZL Transitional provision—Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 780
103ZLA Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019 781
103ZLB Transitional provision—Transport Legislation Miscellaneous Amendments Act 2021 781
103ZM Transitional provisions—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019 782
103ZN Transitional provision—Transport Legislation Amendment Act 2020 784
103ZNA Transitional provision—Road Safety and Other Legislation Amendment Act 2020 785
103ZO Transitional provision—Transport Legislation Amendment Act 2023—exemption from, or removal of, alcohol interlock condition 786
103ZP Transitional provision—Transport Legislation Amendment Act 2023—zero blood or breath alcohol 786
103ZQ Transitional provision—Roads and Road Safety Legislation Amendment Act 2024 787
104 Validation of certain resolutions fixing higher penalties for parking infringements 788
105 Certain local laws to have force and effect despite inconsistency with regulations 789
105A Validation concerning certain alcohol interlock conditions 789
Part 8A—Transitional arrangements—Transport Legislation Amendment Act 2019 792
105B Definition 792
105C Application of Interpretation of Legislation Act 1984 792
105D Officers of the Corporation who are authorised officers continue as authorised officers 792
105E Officers of the Corporation authorised as prosecution officers continue as prosecution officers 793
105F Secretary may appoint Corporation officers as authorised officers and persons who may commence and conduct proceedings 793
Part 9—Inspections and searches concerning heavy vehicles 795
Division 1—Preliminary matters 795
106 Definitions 795
106A Application of Commonwealth Acts Interpretation Act 1901 798
107 Residential purposes 798
109 Copying of documents 799
110 Compliance purposes 799
111 Other reference provisions 799
112 Authorisation of authorised officers 800
Division 2—Inspections and searches of vehicles on highways or public places 801
113 Vehicles to which this Division applies 801
114 Power to inspect vehicle 802
115 Power to search vehicle 804
116 Production of identification by inspectors before vehicle inspections or searches 805
117 Production of identification during inspection or search 806
118 Consent not needed for inspections or searches 807
Division 3—Inspections and searches of premises 808
119 Definition 808
120 Premises to which this Division applies 808
121 Power to inspect premises 808
122 Power to search premises 810
123 When inspection or search may be conducted 811
124 Unattended or residential premises not to be searched 812
125 Procedure for obtaining informed consent 813
126 Production of identification by inspectors before inspections or searches of premises 815
127 Production of identification during inspection or search 816
Division 4—Search warrants 817
128 Search warrants 817
129 Announcement before entry 819
130 Details of warrant to be given to occupier 819
131 Seizure of things not mentioned in the warrant 820
Division 5—Inspectors may give directions 821
132 Power to require production of documents and related items 821
133 Direction to provide reasonable assistance 822
134 Authority to run vehicle's engine 823
135 Direction to state name and address 824
136 Direction to provide certain information 824
137 Manner of giving directions under this Division 826
138 Self-incrimination not an excuse 826
Division 6—Seizure 827
139 Copies of certain seized things to be given 827
140 Access to seized things 828
141 Journey may be completed despite seizure of required thing 828
142 Embargo notice 829
143 Retention and return of seized documents or things 832
144 Magistrates' Court may extend 3 month period 832
Division 7—Other matters concerning inspections and searches 833
145 Use of assistants and equipment 833
146 Use of equipment to examine or process things 833
147 Use or seizure of electronic equipment 834
148 Obstructing or hindering inspectors 835
149 Impersonating authorised officers 835
Division 8—Interstate provisions 836
149AA Reciprocal powers of officers 836
Part 10—Provisions concerning breaches of mass, dimension and load restraint limits and requirements 838
Division 1—Preliminary matters 838
149A Part does not apply to a heavy vehicle 838
150 Reference to vehicle includes loads and attached vehicles 838
151 Statement that mistake of fact defence does not apply not to affect other offences 838
Division 2—Categorisation of breaches 839
152 Purpose of this Division 839
153 Mass limits 839
154 Width limit 840
155 Length limit 841
156 Height limit 841
157 Load restraint requirement 842
158 Upgrading of categorisation in certain circumstances 842
Division 3—Enforcement powers concerning mass, dimension or load restraint breaches 843
159 Application of this Division 843
160 Meaning of *rectify a breach* 844
161 Reference to single offence includes multiple offences 844
162 Rectification of minor risk breaches 845
163 Rectification of substantial or severe risk breaches 846
164 Further provision concerning rectification places 847
165 General provisions concerning directions and authorisations 848
166 Conditions 848
168 Person must comply with a direction and conditions 849
169 Application of Division in relation to other directions 849
170 Amendment or revocation of directions or conditions 849
Division 4—Responsibility for breaches of mass, dimension and load restraint limits and requirements 850
171 Liability of consignor 850
172 Liability of packer 851
173 Liability of loader 852
174 Liability of operator 853
175 Liability of driver 853
176 Liability of consignee 854
177 Multiple offenders 855
178 Penalties applying to offences under this Division and exclusion of double jeopardy 856
Division 5—Provisions concerning defences 857
179 Reasonable steps defence 857
181 Exclusion of mistake of fact defence 860
Division 7—Sentencing considerations for mass, dimension or load restraint breaches 861
188 Matters to be taken into consideration by courts 861
Division 8—Other matters 863
189 Offence to provide false or misleading transport or journey documentation 863
190 Other powers not affected 864
191 Contracting out prohibited 864
Part 10A—Fatigue management light buses 865
Division 1—Application of Heavy Vehicle National Law (Victoria) 865
191A Definitions 865
191B Application of the Heavy Vehicle National Law (Victoria)—fatigue management of light buses 866
191BA Exemption of person carrying out certain duties driving a light bus 866
Division 2—Meaning of terms for Heavy Vehicle National Law (Victoria) 867
191C Meaning of fatigue-regulated heavy vehicle 867
191D Meaning of fatigue-regulated bus 867
191E Meaning of Regulator 867
191F Meaning of responsible Ministers 867
191G Meaning of this Law 867
191H Meaning of authorised officer 868
Schedules 870