Road Safety (Automated Vehicles) Regulations 2018

The Regulations define and deploy a set of core operational concepts that structure eligibility, obligations and enforcement.

• ADS trial and ADS permit. The scheme is trial-focused: an ADS permit authorises operation of an automated driving system in automated mode on a highway only for an ADS trial (Reg 6(1)). The Regulations implement parts of the Act’s ADS trial definition (Reg 5 ties certain trial purposes to section 3(1) of the Act). Permits are categorical and linked to vehicle classes (Reg 7).

• Operational design domain (ODD). Reg 4 defines operational design domain as the specific conditions (environmental, geographical, time of day, presence/absence of traffic/roadway characteristics) under which an ADS is designed to function. That term is a gating operational parameter for permitted use: permit holders must operate vehicles in automated mode only within the ODD specified for the ADS (Reg 17(1)(d)). Changes to the ODD must be recorded (Reg 18(1)(e)).

• OEDR and SAE J3016. The Regulations adopt SAE J3016 terminology and the concept of object and event detection and response (OEDR) (Reg 4; Explanatory details). The OEDR concept is referenced in record-keeping obligations (Reg 18(1)(e)) and in risk assessment elements of the safety management plan (Reg 9(2)(a)(ii)). This aligns the permitting and reporting vocabulary with widely referenced technical taxonomy.

• Safety management plan. A core documentary control mechanism. Applicants must submit a safety management plan that (a) identifies safety risks of the trial, (b) identifies risks to reliability, security and operation of the ADS, (c) specifies steps to eliminate or reduce those risks so far as reasonably practicable, and (d) addresses safety criteria in the ADS guidelines (Reg 9(2)(a)). The Secretary may require amendment of the plan to comply with ADS guidelines as a condition of grant (Reg 10(c)).

• Vehicle supervisor. The human role allocated responsibility inside the vehicle during a trial. The Regulations transpose references to "driver" in s 61 of the Act to "vehicle supervisor" where an ADS permit is in force (Reg 22). Vehicle supervisors must carry the permit document when driving the automated vehicle and comply with Act and permit conditions (Reg 16).

• Serious incident. A prescribed definition (Reg 13) captures accidents, specified road rule offences during a trial, theft/carjacking, tampering or unauthorised access/modification/impairment of the ADS, and failures of the ADS that would impair reliability or security. This definition triggers reporting and suspension duties (Regs 19 and 23).

• Record-keeping and disclosure. ADS permit holders must keep journey logs, vehicle supervisor details, serious incident and error logs, and ODD/OEDR changes (Reg 18(1)). Records are kept for seven years (Reg 18(2)). The Secretary may create records about permit-holders (Reg 27) and may disclose or use information subject to Part 7B of the Act (Reg 27 note).

• Secretary discretion and administrative apparatus. The Secretary of the Department is the central decision-maker: determining additional application requirements (Reg 10), authorising persons to conduct tests/assessments (Reg 11), accepting or rejecting exemption/modification requests (Reg 21), varying, suspending or cancelling permits on specified grounds and issuing notices with reasons and actions required (Regs 24-25), and maintaining records (Reg 27). Law enforcement input may convert into Secretary action (Reg 24(2)).

The Regulations therefore combine technical definitions (ODD, OEDR), documentary controls (safety management plan, reports, records), human accountability (vehicle supervisors), and administrative oversight (Secretary powers, notice procedures). The instrument ties operational permissions to the precise shape of a trial (location, dates, hours, activities) listed on the application (Reg 9(1)(h)-(k)), creating a narrow, documented permission space.

The Regulations create obligations and decision points that fall on a defined set of actors: applicants/permit-holders (natural persons and companies), vehicle supervisors, the Secretary and authorised departmental officers, police and other third-party persons who provide information that may influence permit status.

• Applicants and ADS permit holders. Anybody seeking to operate an ADS in automated mode for a trial on a Victorian highway must hold an ADS permit (Reg 6(1)). The Regulations set distinct criteria for natural persons and companies. Natural person applicants must hold a full Australian driver licence (Reg 8(a)); company applicants must not be insolvent or under external administration (Reg 8(b)(i)-(ii)). Applications must provide detailed personal or company particulars, vehicle and ADS technical details, garage address, vehicle supervisor particulars and competence evidence, trial objectives, activities, location, and scheduled dates/hours (Reg 9(1)). Permit-holders are required to maintain safety management plans and insurance, ensure approvals are in place, comply with the Act and the Regulations, keep and make records available, report serious incidents and notify personnel or particulars changes (Regs 15, 18-20).

• Vehicle supervisors. A named vehicle supervisor (or supervisors) is required to be specified in the application with personal particulars, evidence of competence and driver licence details (Reg 9(1)(g)). While acting in that function they must carry the ADS permit document, comply with relevant law and permit conditions (Reg 16), and changes of supervisor must be notified before assignment (Reg 19(3)). The Regulations also apply the driver duties in s 61 of the Act to vehicle supervisors while assigned (Reg 22).

• Companies involved in trials. Companies must provide company particulars (Reg 4), meet insolvency and external administration tests (Reg 8), and have authorised signatories for applications in accordance with Corporations Act s 127 (Reg 9(3)(b)(i)). Companies will face the same record-keeping, reporting and insurance obligations as individuals (Regs 15, 18-19).

• The Secretary and departmental officers. The Secretary has multiple functions: to require additional documentation, specify insurance under ADS guidelines, authorise persons to conduct tests and assessments (Regs 10-11), to grant, vary, suspend or cancel permits (Regs 24-26), and to maintain records about permit-holders (Reg 27). Employees in the Department, Heavy Vehicle National Law (Victoria) authorised officers and other persons authorised in writing by the Secretary are the prescribed classes for drive tests and system assessments (Reg 11).

• Police and law enforcement. Police can inspect records for law enforcement and accident investigation purposes (Reg 18(3)(a)) and can provide reports to the Secretary that may trigger variation, suspension or cancellation (Reg 24(2)). Notification by police of theft or tampering will cause automatic suspension (Reg 23(1)).

• Road authorities and third parties. The Regulations recognise a role for road authorities by prescribing a trial purpose to enable road authorities to monitor and manage ADS use and impacts (Reg 5(a)), and by using "road authority" as a defined term (Reg 4). Third-party information may be relied on by the Secretary to suspend or vary permits where the Secretary is satisfied on reasonable grounds that the information is reliable and discloses a potential danger (Reg 24(3)).

• Data subjects and privacy. The Regulations permit the Secretary to maintain records that include personal particulars of permit-holders and vehicle supervisors and to record applications and associated documents (Reg 27). Use and disclosure is subject to Part 7B of the Act (Reg 27 note), meaning privacy and data-use constraints in the Act will limit administrative disclosure, but the Regulations also authorise release to police for law enforcement and accident investigation (Reg 18(3)(a)).

• Insurers and certifiers. Applicants must provide certificates of insurance and vehicle registration where applicable (Reg 9(2)(b)-(c)), and may be required to hold insurance consistent with the ADS guidelines (Reg 10(b)). The Secretary can require evidence of compliance with other laws (Reg 10(d)).

Overall, the Regulations affect technology providers and fleet operators who wish to trial ADS; human supervisors; administrative actors in the Department and police; insurers; and road authorities. The combination of technical, documentary and human-competence requirements means both technical teams and legal/compliance functions within applicant organisations will be materially affected.

The Regulations allocate a set of clear duties to permit-holders, vehicle supervisors and applicants, and vest rights and procedural protections with the Secretary.

Major duties of ADS permit applicants and holders

• Application contents and documentation. Applicants must include specified personal or company particulars, ADS technical and ODD details, vehicle particulars, garage address, vehicle supervisor particulars and competency details, trial aims and schedule (Reg 9(1)). Applications must be signed and, where the applicant is not an individual, authorised under Corporations Act s 127 or by the governing body (Reg 9(3)). This creates a formal signing and authorisation duty.

• Safety management plan. Applicants must submit a safety management plan addressing safety risks, ADS reliability/security/operation risks, measures to eliminate or minimise those risks so far as reasonably practicable, and ADS guideline safety criteria (Reg 9(2)(a)). The Secretary can require amendments to the safety management plan to meet ADS guidelines (Reg 10(c)). The plan must be maintained for the permit duration (Reg 15(a)(i)).

• Insurance and registration. Applicants must provide certificates of registration (if applicable) and a certificate of public liability insurance for the trial (Reg 9(2)(b)-(c)) and maintain insurance required by the Secretary and ADS guidelines (Reg 15(a)(ii); Reg 10(b)).

• Operational compliance. ADS permit holders must use the automated vehicle only for the activities and in the locations, dates and times specified in the permit, and only in accordance with the safety management plan, any traffic management plan, and within the ADS’s ODD (Reg 17(1)(a)-(d)).

• Marking and documentation in vehicle. Where relevant, permit-holders must display a document, mark, sign or symbol issued by the Secretary on the vehicle windscreen or window as directed (Reg 17(2)). Vehicle supervisors must have the ADS permit document in their possession while in charge of the vehicle (Reg 16(a)).

• Record-keeping and reporting. Permit-holders must keep detailed records of journeys taken in automated mode, vehicle supervisors for each journey, serious incidents, ADS errors or failures, and ODD or OEDR changes; retain those records for seven years; and provide them for inspection to police and the Secretary upon request (Reg 18(1)-(3)). They must notify the Secretary within 24 hours of becoming aware of a serious incident and submit a serious incident report in the approved form (Reg 19(1)). They must also provide interval reports specified in the ADS permit and notify changes to supervisors or permit-holder particulars within the timelines prescribed (Reg 19(2)-(4)).

• End-of-trial obligations. On trial completion or permit expiry, permit-holders must submit a summary of trial outcomes and return ADS permit documents (Reg 20).

Key duties of vehicle supervisors

• Carry and comply with permit. A vehicle supervisor must carry the ADS permit document while driving or in charge and comply with the Act, regulations and permit conditions (Reg 16).

• Competence evidence. Applicants must include information on the vehicle supervisor’s competence: relevant knowledge, skills, experience, training and qualifications (Reg 9(1)(g)(ii)).

Administrative duties and Secretary rights

• Additional application requirements. The Secretary may require traffic management plans, insurance consistent with ADS guidelines, amendments to safety management plans, and evidence of compliance with other laws, as conditions of grant (Reg 10).

• Tests and authorisations. The Secretary prescribes who can conduct drive tests and system assessments (Reg 11) and may authorise other persons in writing.

• Exemptions, modifications and conditions. An applicant may request exemptions or modifications to the Act or subordinate instruments, but must specify the provision, provide evidence on safety impact and demonstrate why the exemption/modification is necessary or safe (Reg 21). The Secretary may determine conditions of an ADS permit, including exemptions or modifications, consistent with the Act (Reg 21(1)).

• Variation, suspension and cancellation powers. The Secretary may vary, suspend or cancel permits on specified grounds: non-compliance with permit conditions, offences committed during a trial, ineligibility of permit holder, unpaid penalties, police reports suggesting danger, or reliable information from any person suggesting danger (Reg 24). Automatic suspension occurs on notification of theft/carjacking or tampering/unauthorised access or impairment of the ADS (Reg 23). When varying, suspending or cancelling, the Secretary must give written notice of decision, reasons, effective date, actions required to avoid the outcome, and steps to have a suspension lifted (Reg 25).

• Record creation and maintenance. The Secretary may create and maintain records about permit-holders and applications (Reg 27) and include specified information such as personal/company particulars, vehicle and ADS details, trial location and dates, supervisor licence numbers and permit conditions (Reg 27(2)-(3)). Use and disclosure remain subject to Part 7B of the Act.

Procedural protections and constraints

• Notice and reasons. Before or upon varying, suspending or cancelling a permit, the Secretary must provide notice in writing stating the decision and reasons, the effective date and remedial actions (Reg 25(1)).

• Time-limited suspensions and lifting conditions. The Regulations provide that automatic suspensions remain until the Secretary is satisfied that the vehicle has been recovered and made safe or that tampering/impairment has been resolved and made safe (Reg 23(2)-(3)). They also specify that the expiry date of a permit is not altered by suspension (Reg 26(2)), which preserves the temporal scope of the original permit notwithstanding temporary suspension.

Rights and obligations around exemptions

• Applicants may seek exemptions or modifications, but must make a specific case and demonstrate safety equivalence or impracticality of compliance; the Secretary has discretion to agree or impose alternative conditions (Reg 21(2)-(3)). The burden of proof and evidence is placed on the applicant.

In sum, duties are heavily administrative and documentary, with an emphasis on safety planning, insurance, record-keeping and reporting. The Secretary holds broad discretionary rights to require further conditions, to suspend or cancel permits, and to keep records; procedural safeguards consist largely of written reasons and remediation pathways (Reg 25).

The Regulations do not prescribe specific monetary penalty amounts within their text, but they establish enforcement mechanisms and link to the enforcement framework in the Road Safety Act 1986 (the Act). The instrument allocates powers and mechanics by which enforcement can be executed and creates specific triggers for administrative enforcement action.

Administrative enforcement levers

• Variation, suspension and cancellation. The Secretary may vary, suspend or cancel an ADS permit on several grounds: failure to comply with permit conditions; offences by the permit-holder or vehicle supervisor during the trial; ineligibility of the permit-holder; unpaid penalties related to the trial; reports from law enforcement suggesting danger; or reliable information from any person suggesting danger (Reg 24(1)-(3)). These are administrative enforcement actions exercisable by the Secretary.

• Automatic suspension triggers. An ADS permit is automatically suspended, effective immediately, upon notification to the Secretary by the permit-holder, the named vehicle supervisor or a police officer of theft or carjacking of an automated vehicle used under the permit, or any tampering, unauthorised access, variation, impairment, unauthorised computer function or system override of the ADS during the trial (Reg 23(1)). The suspension remains until the Secretary is satisfied that recovery and safety resolution or remediation has occurred (Reg 23(2)-(3)).

• Notice procedures and remedial actions. When the Secretary decides to vary, suspend or cancel a permit, written notice of the decision must set out reasons, effective date and remedial steps required to avoid or lift the sanction (Reg 25(1)). The notice must say whether permits are to be returned and by when (Reg 25(3)). A notice operates unless expressly withdrawn by the Secretary (Reg 25(4)).

Inspection and information enforcement powers

• Records access to police and Secretary. Permit-holders must make trial records available for inspection by police for law enforcement and accident investigation and by the Secretary for monitoring and management of trials and ADS use on highways (Reg 18(3)). Failure to provide access would engage the Act’s enforcement machinery rather than specific new penalties in these Regulations.

Reporting requirements with immediate operational consequences

• 24-hour serious incident reporting. Permit-holders must notify the Secretary within 24 hours of becoming aware of a serious incident and submit a serious incident report in an approved form (Reg 19(1)). The automatic suspension definition of serious incident in Reg 13 means certain events will immediately affect permit status and operational authorisation.

Connections to offences under the Act and other instruments

• Offences during trials. The Secretary may act where the permit-holder or vehicle supervisor commits one or more offences under the Act or subordinate rules during a trial (Reg 24(1)(b)). While the Regulations do not themselves set penalty amounts for those offences, they reference the enforcement regime in the Act and subordinate instruments which do prescribe offences and penalties.

Data disclosure and legal process

• Secretary records and Part 7B. The Secretary may keep records and include personal and company particulars and application documents (Reg 27(1)-(3)). Use and disclosure of that information are subject to the Act’s Part 7B, which governs disclosure and use of information collected under the Act (Reg 27 note). The Regulations therefore place limits on arbitrary disclosure while recognising law enforcement access (Reg 18(3)(a)).

Who decides and how enforcement proceeds

• The Secretary is the primary decision-maker for administrative enforcement. Police reports and other third-party information can trigger Secretary action (Reg 24(2)-(3)). The Regulations require written notices with reasons and steps for remediation (Reg 25), but do not establish an independent appeal process within the Regulations themselves. Any appeal rights therefore must be sought in the Act or general administrative law (not reproduced in these Regulations).

Operational consequences rather than fixed fines

• The Regulations use operational sanctions (suspension, variation, cancellation, requirement to return permit documents, or to take remediation) as the principal enforcement tools. They also require compliance with broader Act offences, which carry separate penalties. That design means the most immediate enforcement impact on a permit-holder is loss of authorisation to operate in automated mode rather than automatic imposition of a fine in these Regulations.

In short, enforcement under these Regulations is heavily administrative and centred on the Secretary’s powers to control trial permissions, supported by inspection and reporting requirements and by the Act’s offence regime. The Regulations prescribe triggers, procedures and remedial steps for enforcement, but defer monetary penalty detail and appeal mechanisms to the Act and other instruments.

The Regulations sit as subordinate rules made under section 95 of the Road Safety Act 1986 (Reg 2) and are expressly designed to operate with and within the framework of multiple other statutes and standards.

Relationship with the Road Safety Act 1986

• Authorising statute and cross-reference. The Regulations were made under s 95 of the Road Safety Act 1986 (Reg 2) and implement and operationalise the Act’s ADS trial and permit provisions (see Reg 1 objective referencing procedures under the Act). Several regulatory provisions explicitly state they are “for the purposes of” specific sections of the Act (e.g. Reg 6 refers to sections 33I and 33J of the Act; Reg 9 refers to s 33C(2)(b); Reg 11 to s 33K(3)(a)(i); Reg 12 to s 33E(2); Reg 14 to s 33G(1)(b); Reg 27 to s 33L). This means the Regulations both supplement and give detail to statutory powers and duties in the Act.

• Driver duties applied to vehicle supervisors. For trials conducted under an ADS permit, the Regulations modify the application of s 61 of the Act (driver duties) so that references to "driver" apply to a person who is a vehicle supervisor while assigned (Reg 22). This is a direct interaction that preserves certain legal duties on the human supervisor during trials.

Privacy, data use and disclosure

• Part 7B of the Act. The Regulations permit the Secretary to compile and maintain records and to collect applicant and trial data (Reg 27) but qualify that the use and disclosure of information under the Regulations is subject to Part 7B of the Act (Reg 27 note). Part 7B therefore constrains administrative disclosure and sets privacy or confidentiality boundaries; the Regulations do not replicate those standards.

Interactions with Commonwealth and other Victorian laws

• Corporations Act. Definitions and company eligibility tests are drawn from the Corporations Act: “company” has the same meaning as “corporation” in s 57A of the Corporations Act (Reg 4), and eligibility criteria require that a company applicant is not insolvent within the meaning of s 95A of the Corporations Act and is not an externally-administered company (Reg 8(b)(i)-(ii)). Corporate signing requirements reference Corporations Act s 127 for company authorisation of applications (Reg 9(3)(b)(i)).

• Crimes Act 1958. Several technical terms adopt definitions from the Crimes Act: “access”, “impairment” and “modification” have meanings as in s 247A(1) of the Crimes Act (Reg 4). The definitions of theft and carjacking refer to ss 72 and 79 respectively (Reg 4). Those cross-references connect criminal offences and definitions to the administrative perimeter of ADS trials, particularly for the “serious incident” definition (Reg 13).

• Road Management Act 2004. “Road authority” is defined with the same meaning as in the Road Management Act 2004 (Reg 4) and Reg 5(a) uses a road authority’s interest in monitoring and managing ADS impacts as a prescribed trial purpose. This aligns trial oversight with local road management responsibilities.

• Heavy Vehicle National Law (Victoria) and authorised officers. Reg 11 prescribes that employees in the Department, authorised officers under the Heavy Vehicle National Law (Victoria) and other persons authorised in writing by the Secretary may carry out prescribed classes of tests or assessments. That links the testing and assessment process to national heavy vehicle enforcement architecture and authorised officer powers.

• SAE J3016 technical standard. The Regulations incorporate SAE J3016 taxonomy for driving automation (Reg 4 and Explanatory details), importing internationally recognised technical definitions such as OEDR. This does not make SAE J3016 a law, but it anchors regulatory language to a technical standard.

Guidance instruments and ADS guidelines

• ADS guidelines. The Regulations repeatedly reference ADS guidelines as the locus of more detailed safety criteria and insurance requirements: for example, the safety management plan must address safety criteria set out in the ADS guidelines (Reg 9(2)(a)(iv)); the Secretary may require insurance and plan amendments in accordance with the ADS guidelines (Reg 10(b)-(c)); and renewal may require compliance with additional requirements imposed in accordance with Reg 10 (Reg 12(d)(i)). The ADS guidelines therefore act as subordinate policy instruments that specify technical or operational standards referenced in the Regulations.

Regulatory hierarchy and practical effect

• The Regulations are subordinate to the Act and must operate within statutory bounds. They also draw on Commonwealth and Victorian statutes (Corporations Act, Crimes Act), national enforcement instruments (Heavy Vehicle National Law), and technical standards (SAE J3016), creating a matrix of obligations permit applicants and holders must navigate.

In practice, a permit applicant must satisfy administrative tests under the Regulations, ensure compliance with statutory duties in the Act, meet corporate law eligibility requirements, address criminal-exposure risks by preventing unauthorised access/modification (as defined by the Crimes Act), and meet technical and insurance requirements articulated in ADS guidelines and potentially in intergovernmental instrument frameworks. The Regulations therefore function as an integrating subordinate instrument tying together technical standards, administrative discretion and the enforcement architecture of road and safety law.

This statutory rule was made on 4 September 2018 and brought most provisions into operation on that date, with Regulations 6 and 7 commencing on 28 September 2018 (Reg 3; Endnotes). The Endnotes record that the Regulations will sunset ten years after the making date, i.e. 4 September 2028, under the Subordinate Legislation Act 1994 (Endnotes).

There is one listed statutory amendment captured in the published version: the Road Safety (Automated Vehicles), (Drivers), (General), (Traffic Management) and (Vehicles) Amendment Regulations 2019, S.R. No. 172/2019, made on 23 December 2019 and with reg 4(Sch. 1) commencing on 1 January 2020 (Endnotes Table of Amendments). The text of the Regulations displayed here includes in-line amendment notes showing the 2019 statutory rule altered multiple provisions; for example, amendment notes appear next to Regs 5(b), 9, 11 (Table), 12(c)-(d), 15(a)(ii), 17(2), 18(3)(b), 19(1)-(4), 20(a)-(b), 21(1), 23(1)-(3), 24(1)-(3), 25(1)-(4), 26(1), 27(1) and 27(3)(e)(iii). The Endnotes advise that the published version "incorporates amendments as at 1 January 2020" and list S.R. No. 172/2019 as the relevant amending instrument.

The Explanatory details include a Table of Applied, Adopted or Incorporated Matter noting that the SAE J3016 standard (15 June 2018) is incorporated by reference into Reg 4 definitions of OEDR and SAE J3016. The inclusion of SAE J3016 in the Explanatory details provides the technical reference point underpinning the definitions and operational language.

No other amendment instruments are recorded in the Endnotes table included here. The Endnotes also state "Amendments Not in Operation: Not updated for this publication", signalling that some amendments (if any) may exist but are not reflected in this publication. Users should consult the official legislation website for the most current amendment history beyond 1 January 2020.

Practical consequences of the amendment record

• The 2019 Amendment Regulations appear to have been substantive, touching on application requirements, reporting timeframes, automatic suspension mechanics, Secretary powers and record-keeping. Where in-line amendment notes are attached to those provisions, the current text already reflects the 2019 changes.

• The sunset date (4 September 2028) is a statutory limit on the Regulations’ continued operation absent re-enactment or extension; parties planning multi-year programme investments should note that regulatory continuity is time-limited under the Subordinate Legislation Act 1994 unless the instrument is remade or the Act or subordinate legislation is amended.

• The adopted technical standard (SAE J3016) is explicitly imported for definitional consistency. Any future revisions of SAE J3016 will be incorporated "as amended, varied and published from time to time" according to Reg 4, meaning technical vocabulary and threshold definitions may evolve with the standard unless the Regulation is amended to change that incorporation.

Users needing the current operative version and a complete amendment chain should consult the Victorian legislation website cited in the Endnotes, especially to verify if further amendments post-dating 1 January 2020 have been made.

The statutory text before us does not record any judicial decisions, administrative appeals or litigation associated with these Regulations. No cases are cited in the instrument and the Endnotes do not list any litigation or tribunal determinations. The Explanatory details and Table of Amendments likewise contain no reference to court challenges or interpretations.

Consequently, there is no litigation history recorded in the Regulations themselves that would clarify ambiguous provisions, limit Secretary discretion, or provide precedent on interpretations such as the scope of "serious incident", the evidentiary threshold for the Secretary to act on third-party information (Reg 24(3)), or the demarcation between driver-assist features and ADS trials under Reg 6(2).

For practitioners, this absence of recorded litigation means:

• Interpretative risk remains untested in court. Key discretionary provisions,Secretary’s power to require additional documentation or to act on information from any person,have not been judicially construed within this instrument. Administrative law challenges (e.g. on grounds of procedural fairness or reasonableness) could arise if the Secretary exercises these powers in contested ways, but there is no recorded case law to guide expectations.

• Reliance on statutory text and administrative practice is necessary. Without case law, applicants and permit-holders should plan compliance conservatively based on the plain meaning of the Regulations and anticipate that administrative decisions will be defended under public law standards. Parties should preserve evidence and engage with the Secretary’s notice and remediation processes (Reg 25).

• Appeal and review pathways are those available through the Act or general administrative law. The Regulations require written reasons and notice when the Secretary decides to vary, suspend or cancel a permit (Reg 25). If an affected party seeks review, the Act, tribunal regimes and courts determine available remedies; these are not specified in the Regulations and practitioners should check the Act and relevant administrative review mechanisms (e.g. VCAT or judicial review) outside this instrument.

In short, the Regulations contain no internal litigation history. Legal questions arising from discretionary enforcement or the interface with other statutory duties remain to be developed in litigation and administrative review; absent such authority, compliance must be structured to minimise exposure to administrative action.

The Regulations contain several provisions that create high compliance risk if overlooked. These are operationally consequential and concentrate risk on permit-holders, vehicle supervisors and those managing trial data.

1. Narrow scope of permit versus ordinary systems (Reg 6(2)).

   • An ADS permit is required only for trials where the automated driving system operates in automated mode on a highway (Reg 6(1)). Reg 6(2) explicitly excludes systems that are not capable of performing the dynamic driving task within an ODD. Misclassifying a system that is close to performing the dynamic driving task risks regulatory non-compliance. Applicants should document capability thresholds and ODD limits carefully.

2. Immediate operational suspension triggers (Reg 23).

   • Theft, carjacking, tampering, unauthorised access, impairment, modification or unauthorised computer function/system override of the ADS, if notified to the Secretary by the permit-holder, vehicle supervisor or a police officer, triggers immediate suspension (Reg 23(1)). The trial remains suspended until the Secretary is satisfied remediation has occurred (Reg 23(2)-(3)). Practically, this means permit-holders must have incident response plans, rapid notification procedures and remediation protocols ready to avoid prolonged program interruption.

3. 24-hour serious incident notification and approved form requirement (Reg 19(1)).

   • Within 24 hours of becoming aware of a serious incident (Reg 13), the permit-holder must notify the Secretary and submit a serious incident report in the approved form (Reg 19(1)). Failure to meet the 24-hour window or the approved form requirement will likely be treated as a permit condition breach and could enable Secretary action under Reg 24(1)(a).

4. Seven-year records retention and access (Reg 18(2)-(3)).

   • Permit-holders must retain journey logs, incident records, ADS error/failure logs and ODD/OEDR change records for seven years and make them available to police and the Secretary on request (Reg 18(1)-(3)). This creates a long-term data custody obligation and evidentiary responsibility; weak record-keeping systems will increase enforcement risk and complicate incident investigations.

5. Secretary discretion backed by notice but limited independent appeal within these Regulations (Regs 10, 21, 24-25).

   • The Secretary can require additional documentation, impose modified conditions, approve exemptions, and suspend or cancel permits based on law enforcement reports or other persons’ information (Regs 10, 21, 24). While Reg 25 requires written notice with reasons and remediation steps, the Regulations do not establish immediate appeal routes; affected parties must rely on the Act and administrative review processes. Applicants should assume a high bar to resume trial activity after Secretary action.

6. Insurance and safety management plan content and amendment (Regs 9(2)(a), 10, 15).

   • The safety management plan must address both safety and ADS reliability/security risks and the Secretary can require amendments to comply with ADS guidelines (Reg 9(2)(a); Reg 10(c)). Insurance must be provided and maintained in forms the Secretary may specify (Reg 9(2)(c); Reg 10(b); Reg 15(a)(ii)). Practical risk: ADS guidelines (which carry critical detail) are outside the Regulations themselves; compliance requires access to and alignment with the ADS guidelines.

7. Vehicle supervisor competence evidentiary requirement (Reg 9(1)(g)(ii)).

   • Applications must include particulars on the vehicle supervisor’s knowledge, skills, experience, training and qualifications and driver licence details (Reg 9(1)(g)). Poorly substantiated supervisor competence claims can be grounds for permit refusal or later variation/suspension under Reg 24(1)(c)-(b).

8. Display and possession obligations (Regs 17(2), 16(a)).

   • Permits must be displayed on windscreen or window as directed (Reg 17(2)), and vehicle supervisors must have the applicable permit document in their possession at all times while driving the automated vehicle (Reg 16(a)). Non-display or failure to carry the permit is a readily observable compliance breach.

9. ADS guidelines as external normative source.

   • Several key obligations require adherence to “ADS guidelines”, which are not reproduced in the Regulations but are integral: safety criteria, insurance specifications, evidence of legal compliance, and additional grant requirements (Regs 9(2)(a)(iv); 10(b)-(d); 12(d)(i)). Compliance therefore entails continuous alignment with a dynamically specified set of guidelines.

10. Records and disclosure subject to Part 7B of the Act (Reg 27 note).

• The Secretary’s record-keeping and use/disclosure of information are limited by Part 7B of the Act. Practically, permit-holders must expect lawful access by authorised investigators, but should also anticipate constraints on public disclosure and plan for confidentiality and data protection compliance.

11. Permit expiry unaffected by suspension (Reg 26(2)).

• A suspension does not alter the expiry date of the permit (Reg 26(2)). The practical implication is that time lost to suspension is not automatically added to the permit term; operators that rely on continuous trial periods should plan for this risk.

12. Burden of proof for exemptions or modifications (Reg 21).

• Applicants asking for exemptions or modifications must specify the provision sought to be varied, provide evidence that safety will not be adversely impacted, and demonstrate relevance, impracticality of compliance, or parity of alternative safety measures (Reg 21(2)-(3)). The onus rests with the applicant.

13. Integration with criminal offences via technical definitions (Reg 13; Reg 4).

• “Serious incident” includes theft, carjacking, tampering and unauthorised access or modification as defined by the Crimes Act (Reg 13; Reg 4). Criminal conduct therefore triggers administrative consequences and could complicate insurance and prosecution exposure.

Each of these points creates operational exposure: permit-holders should adopt rigorous compliance systems, incident escalation procedures, long-term record management, and clear liaison protocols with the Secretary and police to manage these risks.

Compliance under these Regulations requires coordinated legal, technical and operational actions. The following practical checklist maps the core, source-grounded steps a prospective trial operator must take, with cross-references to the relevant Regulations.

1. Determine whether your activity is an ADS trial requiring a permit

   • Confirm the system will be operated in automated mode on a highway in an ADS trial (Reg 6(1)). If the vehicle’s systems are not capable of performing the dynamic driving task within a particular ODD, a permit is not required (Reg 6(2)). Document the system capability and the ODD to substantiate the legal classification.

2. Select the appropriate ADS permit category

   • Identify the vehicle class (motor cycle/trike, car, light/medium/heavy rigid, heavy combination, multi-combination) that applies to each vehicle intended for the trial (Reg 7(1)) and apply for the corresponding category of ADS permit (Reg 7(2)).

3. Check eligibility and corporate standing

   • For natural persons, ensure a full Australian driver licence is held (Reg 8(a)). For company applicants, ensure the company is not insolvent within Corporations Act s 95A and is not externally administered (Reg 8(b)(i)-(ii)). Ensure corporate applications are signed and authorised under Corporations Act s 127 or by the governing body as required (Reg 9(3)(b)(i)).

4. Prepare an application with required particulars and documents

   • Include personal particulars or company particulars (Reg 9(1)(a)-(b), Reg 4 definitions).
   • Provide ADS technical details, the ODD and any other technology intended for the trial (Reg 9(1)(c)).
   • List details of each automated vehicle to be used, including modifications and the garage address (Reg 9(1)(d)-(f)).
   • For each vehicle supervisor supply personal particulars, driver licence details and evidence of competence, training and qualifications (Reg 9(1)(g)).
   • Specify trial objectives, activities, trial location and dates/times (Reg 9(1)(h)-(k)).
   • Attach a safety management plan that addresses safety risks, ADS reliability/security risks, mitigation measures so far as reasonably practicable, and ADS guideline safety criteria (Reg 9(2)(a)).
   • Attach current vehicle registration certificates where applicable and public liability insurance certificates (Reg 9(2)(b)-(c)).
   • Ensure the application is signed and properly authorised (Reg 9(3)).

5. Draft a robust safety management plan aligned with ADS guidelines

   • The safety management plan must identify safety risks and mitigation, identify reliability/security/operation risks for the ADS and specify elimination or reduction steps “so far as reasonably practicable” and address ADS guideline criteria (Reg 9(2)(a)). Expect the Secretary to require amendments to the plan to align with ADS guidelines (Reg 10(c)). Keep the plan updated during the permit term (Reg 15(a)(i)).

6. Prepare for Secretary-imposed additional requirements

   • The Secretary can require a traffic management plan, specified insurance, plan amendments and evidence of compliance with other laws (Reg 10(a)-(d)). Pre-prepare a traffic management plan and insurance certificates aligned with likely ADS guideline requirements to shorten approval time.

7. Establish vehicle supervisor competence and documentation

   • Train and document vehicle supervisors’ skills, experience and qualifications and ensure they possess full Australian driver licences if required by their role. Include this evidence in the application (Reg 9(1)(g)(ii)-(iii)). Ensure each supervisor understands they must carry the ADS permit while in charge of the vehicle (Reg 16(a)).

8. Implement data, record-keeping and reporting systems

   • Put operational systems in place to capture: journey logs for each automated-mode journey (including location and times), assigned vehicle supervisors per journey, serious incident records, ADS errors/failures/problems, and any changes to the ODD and OEDR (Reg 18(1)(a)-(e)). Maintain these records for seven years (Reg 18(2)). Prepare templates for the Secretary’s approved interval reports and the serious incident report form (Reg 19(1)-(2)). Create procedures to notify the Secretary within 24 hours of a serious incident (Reg 19(1)).

9. Incident response and security controls

   • Build incident response protocols for theft, carjacking, tampering or unauthorised access or modification of the ADS that include immediate notification to police and the Secretary as required (Reg 23). Establish cyber-security and physical security measures to reduce risk of unauthorised access or impairment (Reg 13(e)-(f) linked to “serious incident”).

10. Insurance and registration

    • Confirm vehicles are registered where applicable and maintain public liability insurance for personal injury or property damage connected with the ADS trial (Reg 9(2)(b)-(c)). Be prepared to obtain insurance in the form and scope requested by the Secretary consistent with ADS guidelines (Reg 10(b); Reg 15(a)(ii)).

11. Display requirements and permit possession

    • Ensure the Secretary-issued document, mark, sign or symbol is displayed on the lower left or near side portion of the front windscreen or fixed left-side window for vehicles with windscreens or fixed windows, or as otherwise specified in the permit (Reg 17(2)). Ensure vehicle supervisors carry the permit document when in charge of the vehicle (Reg 16(a)).

12. Understand the reporting line and Secretary interaction

    • Expect the Secretary to set interval reporting requirements in the permit (Reg 19(2)). Be ready to produce records for inspection by police and the Secretary on request (Reg 18(3)). If seeking exemptions or modifications to other laws or regulations, prepare an application that specifies the provision, provides evidence that safety will not be adversely impacted and demonstrates impracticality or equivalence of alternative measures (Reg 21(2)-(3)).

13. Plan for tests, assessments and renewals

    • Prepare vehicles for drive tests and automated driving system assessments by the prescribed class of persons (Reg 11). For renewal, ensure compliance with permit conditions and eligibility requirements, re-submit an application complying with Reg 9, and be ready to produce the vehicle for tests if required (Reg 12).

14. Manage suspension and cancellation risk

    • Understand Secretary grounds for variation/suspension/cancellation (Reg 24) and build remediation evidence and procedures to address notices that must specify steps to avoid or have the suspension lifted (Reg 25). Note that suspensions do not extend the permit expiry date (Reg 26(2)) , plan trial scheduling and contingency accordingly.

15. Data privacy and records disclosure

    • Anticipate that the Secretary will record personal and company particulars and application documents (Reg 27). Data use and disclosure are limited by Part 7B of the Act (Reg 27 note), but be prepared to provide records to police and the Secretary (Reg 18(3)). Use robust data governance practices to meet both disclosure obligations and privacy constraints.

16. Coordinate with road authorities and insurers

    • If the trial affects managed roads, coordinate with the relevant road authority given Reg 5(a) prescribes enabling road authorities to monitor and manage ADS impacts on highways. Liaise with insurers early to ensure credentials match ADS guideline expectations.

17. Keep up to date with ADS guidelines and SAE J3016 updates

    • ADS guidelines are referenced throughout the Regulations as the locus of detailed safety criteria and insurance requirements; ensure regular review of those guidelines and any subsequent amendments. The Regulations incorporate SAE J3016 terminology (Reg 4; Explanatory details), which may be updated , make sure technical documentation uses the current version as accepted by the Department.

By following this checklist and documenting the decision-making and evidence underlying safety, competence and security claims, applicants can reduce administrative friction and exposure to enforcement. Practically, compliance requires coordination of legal, technical and operations teams, investment in record-keeping and incident-response capability, and ongoing communication with the Secretary and, where relevant, road authorities and insurers.