Road Safety (Drivers) Regulations 2019

Part 1—Preliminary

1 Objective

The objective of these Regulations is to make provision under the Road Safety Act 1986 for—

(a) driver licences and learner permits; and

(b) the charging of fees.

2 Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3 Commencement

These Regulations come into operation on 29 October 2019.

4 Revocation

The Regulations set out in Schedule 1 are revoked.

5 Definitions

(1) In these Regulations—

Reg. 5(1) def. of alcohol assessment tool inserted by S.R. No. 120/2019 reg. 5.

alcohol assessment tool means a tool used to determine usage of alcohol by a person who has made an application under section 50AAAE of the Act;

appropriate licence or permit, for a category of motor vehicle, means a licence or permit that authorises the holder of the licence or permit to drive a motor vehicle of that category in the jurisdiction or, if issued in another country, the country in which it was issued;

appropriate P plate—

(a) in relation to a P1 probationary driver licence, means a plate measuring approximately 150 millimetres by 150 millimetres that has a white letter "P" clearly marked on a red background; and

(b) in relation to a P2 probationary driver licence, means a plate measuring approximately 150 millimetres by 150 millimetres that has a white letter "P" clearly marked on a green background; and

(c) in relation to a probationary licence issued under a corresponding law of another jurisdiction which requires the holder of that licence to display a "P" plate while driving a motor vehicle, means a "P" plate that complies with the relevant requirements of that law;

Reg. 5(1) def. of approved alcohol and other drugs professional inserted by S.R. No. 120/2019 reg. 5, amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 1(a)).

approved alcohol and other drugs professional means a person approved by the Secretary under section 58J of the Act to provide a behaviour change program in relation to alcohol and other drugs;

Reg. 5(1) def. of authorised representative amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 1(a)).

authorised representative means a person who has the authority to represent the estate of a deceased person and can establish to the satisfaction of the Secretary the person's—

(a) identity; and

(b) authority to represent the estate of the deceased person;

car means a motor vehicle, other than a motor cycle, that—

(a) has a GVM of not more than 4·5 tonnes; and

(b) is constructed or equipped to seat not more than 12 adults (including the driver);

GVM is defined in section 3 of the Act.

car driver licence means a driver licence that authorises the holder of the licence to drive a car on a highway;

car learner permit means a learner permit that authorises the holder of the permit to learn to drive a car on a highway;

Reg. 5(1) def. of commercial driving instructor (general) inserted by S.R. No. 19/2022 reg. 5(1)(c).

commercial driving instructor (general) 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 to drive that motor vehicle on a highway;

Reg. 5(1) def. of correspond-ing novice driver amended by S.R. No. 19/2022 reg. 5(1)(a).

corresponding novice driver means a person who—

(a) holds an Australian driver licence issued on a probationary or provisional basis; and

(b) has held that licence for less than 12 months and was under 21 years of age when that licence was granted to that person;

defence force member means a person who is on—

(a) full-time permanent service with the Australian Defence Force; or

(b) full-time duty with the Australian Defence Force Reserve;

Reg. 5(1) def. of Demerits Register amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 1(a)).

Demerits Register means the Demerits Register required to be kept by the Secretary under section 35(1) and (2) of the Act;

driver under instruction plate means—

(a) if displayed on a car—a plate approximately 150 millimetres by 150 millimetres bearing the words "driver under instruction" in black letters clearly marked on a yellow background; and

(b) if displayed on a heavy vehicle or bus—a plate approximately 525 millimetres by 250 millimetres bearing the words "driver under instruction" in black letters clearly marked on a yellow background;

Reg. 5(1) def. of dual control vehicle inserted by S.R. No. 19/2022 reg. 5(1)(c).

dual control vehicle means a motor vehicle that has duplicate pedals for—

(a) the footbrake; and

(b) if the motor vehicle has a manual transmission, the clutch—

fitted so that a driving instructor seated beside the driver may operate the footbrake readily and effectively and disengage the transmission of the motor vehicle;

eligible family member, of a defence force member, means a person who—

(a) resides with the defence force member; and

(b) is entitled to be transferred with the defence force member at the expense of the Australian Defence Force;

emergency vehicle has the same meaning as in the Road Rules;

expiry date means—

(a) in relation to a driver licence—the date specified in the licence as the date the term of the licence ends in accordance with section 19(3) of the Act; or

(b) in relation to a learner permit—the date specified in the permit as the date the term of the permit ends in accordance with section 22(4) of the Act;

heavy combination vehicle means—

(a) a prime mover to which is attached a single semi-trailer that has a GVM of more than 9 tonnes plus any unladen converter dolly; or

(b) a rigid motor vehicle to which is attached a trailer that has a GVM of more than 9 tonnes plus any unladen converter dolly;

heavy rigid vehicle means—

(a) a motor vehicle that has a GVM of more than 8 tonnes and has 3 or more axles (whether or not the wheels on those axles are on the road); or

(b) a bus consisting of more than one rigid section which are connected to one another so as to allow rotary movement and passenger access between the sections;

jurisdiction means an Australian State or a Territory;

L plate means a plate measuring approximately 150 millimetres by 150 millimetres that has a black letter "L" clearly marked on a yellow background;

Reg. 5(1) def. of learner approved motor cycle amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 1(a)).

learner approved motor cycle means a motor cycle, or a class of motor cycle, that has been approved by the Secretary under regulation 59(7) to be a learner approved motor cycle;

learner driver means a person who holds an Australian learner permit and does not have an appropriate driver licence;

Reg. 5(1) def. of learner log book amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 1(a)).

learner log book means a record of a person's driving experience in a form approved by the Secretary;

light rigid vehicle means a motor vehicle that—

(a) has a GVM of more than 4·5 tonnes but not more than 8 tonnes; or

(b) seats more than 12 adults (including the driver) and has a GVM of not more than 8 tonnes;

Reg. 5(1) def. of local licence or permit inserted by S.R. No. 19/2022 reg. 5(1)(c).

local licence or permit has the same meaning as in section 25A(3) of the Act;

Reg. 5(1) def. of local probationary or provisional licence inserted by S.R. No. 19/2022 reg. 5(1)(c).

local probationary or provisional licence means a licence issued under the law of another State or a Territory authorising the holder to drive a motor vehicle on a highway on probation or that is a provisional licence;

medium rigid vehicle means a motor vehicle that has a GVM of more than 8 tonnes and has no more than 2 axles;

motor cycle includes a motor trike;

Motor cycle and motor trike are defined in section 3 of the Act.

motor cycle learner permit means a learner permit that authorises the holder of the permit to learn to drive a motor cycle on a highway;

motor home means a motor vehicle that—

(a) is not a bus; and

(b) has a GVM of not more than 4·5 tonnes; and

(c) is designed and constructed for the primary purpose of providing a temporary dwelling for persons using the vehicle for recreational travel;

non-Victorian licence or permit means a licence or permit issued in another jurisdiction or country that authorises the holder to drive a motor vehicle in that jurisdiction or country;

P1 probationary driver means a person who holds a P1 probationary driver licence;

P1 probationary driver licence means a probationary driver licence granted in accordance with regulation 50 or a licence as varied under regulation 54;

P1 probationary period means the period during which a person holds a P1 probationary driver licence;

P2 probationary driver licence means a probationary driver licence granted in accordance with regulation 51 or a licence as varied under regulation 55;

P2 probationary period means the period during which a person holds a P2 probationary driver licence;

peer passenger, in relation to a P1 probationary driver or corresponding novice driver, means a person who is at least 16 years of age and less than 22 years of age but does not include a person who is—

(a) the spouse or domestic partner of the P1 probationary driver or corresponding novice driver; or

(b) the sibling or step-sibling of the P1 probationary driver or corresponding novice driver;

Domestic partner and spouse are defined in section 3 of the Act.

personal particulars, in relation to a person means the following details—

(a) the first name, second and third initials (if any) and family name of the person;

(b) the person's date of birth;

(c) the person's residential address;

(d) the person's address for service of notices, if this is different from the person's residential address;

(e) the person's mobile phone number;

(f) the person's email address;

police vehicle has the same meaning as in the Road Rules;

Reg. 5(1) def. of practical driving test amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 1(b)).

practical driving test means a test of a person driving a vehicle, conducted by the Secretary or a person authorised by the Secretary, for the purpose of assessing a person's driving skills;

probationary driver means the holder of a probationary driver licence;

probationary prohibited vehicle has the meaning given to it in regulation 57;

registered occupational therapist means a person who is registered under the Health Practitioner Regulation National Law (Victoria) to practise in the occupational therapy profession (other than as a student);

registered optometrist means a person who is registered under the Health Practitioner Regulation National Law (Victoria) to practise in optometry (other than as a student);

Reg. 5(1) def. of supervising driver substituted by S.R. No. 123/2020 reg. 4, amended by S.R. No. 19/2022 reg. 5(1)(b).

supervising driver, in relation to a motor vehicle being driven by a learner driver, means a person who at the relevant time is supervising the learner driver and holds—

(a) a full driver licence that authorises the person to drive the motor vehicle; or

(b) an appropriate licence or permit issued in another jurisdiction or country (other than a probationary, provisional or learner licence or permit) and the person is authorised by these Regulations to drive the motor vehicle;

the Act means the Road Safety Act 1986;

Reg. 5(1) def. of VicRoads revoked by S.R. No. 172/2019 reg. 5(Sch. 2 item 1(c)).

Victoria Police means the body established by section 6 of the Victoria Police Act 2013.

Reg. 5(2) amended by S.R. No. 19/2022 reg. 5(2).

(2) In these Regulations, a reference to a person disqualified from driving in a particular jurisdiction or another country includes a person who is disqualified from obtaining a non‑Victorian licence or permit in that jurisdiction or country.

(3) Unless otherwise expressly stated, a reference in these Regulations to a driver includes a reference to a rider, and a reference in these Regulations to driving includes a reference to riding.

Part 2—Driver licences and learner permits

Division 1—Authority to drive motor vehicle

6 Categories of motor vehicles for licensing purposes

(1) For licensing purposes, the categories of motor vehicles are as follows

(a) motor cycle;

(b) car;

(c) light rigid vehicle;

(d) medium rigid vehicle;

(e) heavy rigid vehicle;

(f) heavy combination vehicle;

(g) multi-combination vehicle.

(2) For each category of motor vehicle referred to in subregulation (1) there is a corresponding category of driver licence with the same name.

(3) For each category of motor vehicle referred to in subregulation (1)(a) and (b) there is a corresponding category of learner permit with the same name.

7 Authority given by licences and permits

(1) The holder of a motor cycle licence or motor cycle learner permit is authorised to drive a motor cycle.

(2) The holder of a car driver licence or car learner permit is authorised to drive—

(a) a car; or

(b) a tractor; or

(c) a tractor that is towing a trailer of any size.

(3) The holder of a car driver licence is authorised to drive a car that is towing a single trailer that has a GVM of not more than 9 tonnes.

(4) The holder of a light rigid vehicle licence is authorised to drive—

(a) any vehicle or combination of vehicles the holder of a car driver licence is authorised to drive; or

(b) a light rigid vehicle; or

(c) a light rigid vehicle that is towing a single trailer (other than a semi-trailer) that has a GVM of not more than 9 tonnes.

(5) The holder of a medium rigid vehicle licence is authorised to drive—

(a) any vehicle or combination of vehicles the holder of a light rigid vehicle licence is authorised to drive; or

(b) a medium rigid vehicle; or

(c) a medium rigid vehicle that is towing a single trailer (other than a semi-trailer) that has a GVM of not more than 9 tonnes.

(6) The holder of a heavy rigid vehicle licence is authorised to drive—

(a) any vehicle or combination of vehicles the holder of a medium rigid vehicle licence is authorised to drive; or

(b) a heavy rigid vehicle; or

(c) a heavy rigid vehicle that is towing a single trailer (other than a semi-trailer) that has a GVM of not more than 9 tonnes.

(7) The holder of a heavy combination vehicle licence is authorised to drive—

(a) any vehicle or combination of vehicles the holder of a heavy rigid vehicle licence is authorised to drive; or

(b) a heavy combination vehicle.

(8) The holder of a multi-combination vehicle licence is authorised to drive any motor vehicle or combination of vehicles other than a motor cycle.

Reg. 8 amended by S.R. No. 15/2025 reg. 5.

8 Category of driver licence or learner permit may be shown by code

The category of driver licence or learner permit may be shown on a driver licence document or learner permit document by means of a code as indicated in the following table.

Table

| Column 1<br>Licence or permit code | Column 2<br>Category of driver licence or learner permit | | RIDER or R | motor cycle | | CAR | car | | LR | light rigid vehicle | | MR | medium rigid vehicle | | HR | heavy rigid vehicle | | HC | heavy combination vehicle | | MC | multi-combination vehicle |

9 Authorisation for driver under instruction

(a) is driving a motor vehicle; and

(b) holds a driver licence authorising the person to drive another motor vehicle (other than a motor cycle licence); and

(c) does not hold a driver licence authorising the person to drive that motor vehicle.

(2) For the purposes of section 18(1)(c) of the Act, a person is authorised to drive the motor vehicle if—

(a) the person is driving the motor vehicle for the purpose of gaining experience in driving the motor vehicle; and

(b) someone else who holds an Australian driver licence appropriate for the motor vehicle being driven is sitting beside the driver and is supervising the driver.

(3) The person must have displayed facing out from the front and rear of the vehicle a driver under instruction plate so that the words "driver under instruction" are clearly visible from a distance of 20 metres ahead of and behind the vehicle.

10 Authorisation for driver of motor vehicle (other than a motor cycle) under assessment

(a) has previously held an Australian driver licence or a driver licence issued in another country; and

(b) is driving a motor vehicle other than a motor cycle; and

(c) does not hold a driver licence or learner permit authorising the person to drive that motor vehicle.

(2) For the purposes of section 18(1)(c) of the Act, a person is authorised to drive the motor vehicle if—

Reg. 10(2)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 2).

(a) the person is driving the motor vehicle for the purpose of their driving skills being assessed by the Secretary or a person authorised by the Secretary; and

(b) someone else who holds an Australian driver licence appropriate for the motor vehicle being driven—

(i) is in the vehicle with the person; and

(ii) is conducting an assessment of the person's driving skills for the purposes of these Regulations.

11 Authorisation for driver of motor cycle under assessment

(a) is driving a motor cycle; and

(b) does not hold a driver licence or learner permit authorising the person to drive that motor cycle.

(2) For the purposes of section 18(1)(c) of the Act, a person is authorised to drive the motor cycle if—

Reg. 11(2)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 3).

(a) the person is driving the motor cycle for the purpose of having the person's driving skills assessed by the Secretary or a person authorised by the Secretary; and

Reg. 11(2)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 3).

(b) the Secretary or a person authorised by the Secretary is conducting an assessment of the person's driving skills for the purposes of these Regulations; and

(c) an L plate is displayed facing out from the rear of the motor cycle so that the letter "L" is clearly visible from a distance of 20 metres behind the motor cycle.

12 Authorisation for holder of non-Victorian licence or permit

(1) For the purposes of section 18(1)(b) of the Act, a person is authorised to drive a category of motor vehicle if—

(a) the person holds an appropriate non‑Victorian licence or permit for that category of motor vehicle; and

(b) at the time the licence or permit was issued the person was ordinarily resident in the jurisdiction or country in which it was issued; and

Reg. 12(1)(c) amended by S.R. No. 15/2025 reg. 6(1).

(c) in the case of a licence issued in another country—the licence document is written in English or accompanied by an accurate English translation and, in either case, complies with subregulation (3).

(2) For the purposes of section 18(1)(b) of the Act, a person is authorised to drive a motor home on a highway if—

Reg. 12(2)(a) amended by S.R. No. 19/2022 reg. 6.

(a) the person holds a licence for any category of motor vehicle (other than a licence that only authorises the person to ride a motor cycle or motor trike) issued in another country; and

(b) at the time the licence was issued the person was ordinarily resident in that country; and

Reg. 12(2)(c) amended by S.R. No. 15/2025 reg. 6(2).

(c) the licence document is written in English or accompanied by an accurate English translation and, in either case, complies with subregulation (3).

Reg. 12(3) amended by S.R. No. 15/2025 reg. 6(3).

(3) A licence document or a translation referred to in subregulations (1)(c) and (2)(c) must include a full explanation, written in English, of any condition to which the licence is subject and the category of vehicle for which the licence has been issued.

13 Exceptions to authorisation under regulation 12

(1) A person who holds an appropriate non-Victorian licence or permit referred to in regulation 12 is not authorised, or ceases to be authorised, under that regulation if—

(a) the person has resided in Victoria for a period of 6 months or more; or

(b) the person is disqualified from driving a motor vehicle in Victoria or in another jurisdiction or another country; or

(c) the non-Victorian licence or permit is suspended; or

(d) the person is notified under subregulation (3) that the person is no longer authorised.

(2) Subregulation (1)(a) does not apply to a defence force member or eligible family member.

Reg. 13(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 4,5).

(3) If, in the Secretary's reasonable opinion—

(a) a person who is authorised under regulation 12 is not fit to drive a motor vehicle on a highway; or

(b) that person's ability to drive safely is impaired due to permanent or long-term injury or illness—

the Secretary must give the person written notice that the person is no longer authorised to drive a motor vehicle on a highway.

(4) The notice must state the following—

(a) the person is no longer authorised to drive a motor vehicle on a highway;

(b) the person must not drive a motor vehicle on a highway;

(c) the reasons the person is no longer authorised;

(d) any action that may be taken by the person to regain the authorisation and the date by which that action must be taken.

Reg. 13(5) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 5).

(5) Any non-Victorian licence or permit held by a person ceases to authorise the person to drive any category of motor vehicle on a highway if the person is required by the Secretary under section 27(1A) of the Act to undergo a test or assessment and the person has refused or failed to undergo the test or assessment or has not passed the test or assessment.

(6) For the purposes of subregulation (5), the person is disqualified from driving any category of motor vehicle on a highway until—

(a) if the person refused or failed to undergo the test or assessment—that person undergoes and passes the test or assessment; or

(b) if the person did not pass the test or assessment—that person undergoes a further test or assessment and passes the test or assessment; or

Reg. 13(6)(c) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 5).

(c) the Secretary decides to grant the person a driver licence or learner permit.

(7) Any driver licence held by a person issued in another country ceases to authorise the person to drive any category of motor vehicle on a highway if the person applies for a driver licence and fails a practical driving test for a driver licence under the Act.

Note to reg. 13(7) substituted by S.R. No. 19/2022 reg. 7.

Under section 18A of the Act, if a person is granted a driver licence or learner permit under the Act (a Victorian licence or permit), any non-Victorian licence or permit held by the person ceases to authorise the person to drive a motor vehicle on a highway unless—

(a) the Victorian licence or permit expires and the person has resided in Victoria for a period of less than 6 months; or

(b) the Secretary agrees to cancel the Victorian licence or permit at the request of the person and the person has resided in Victoria for a period of less than 6 months.

Division 2—Prescribed requirements for grant or variation of driver licence

Note preceding reg. 14 amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 6).

The Secretary may exempt an applicant from a requirement under this Division. See regulation 101.

14 Prescribed requirements for driver licence

For the purposes of sections 19(2)(b) and 20(3)(b) of the Act, the prescribed requirements for an applicant for a driver licence are that—

(a) the applicant is a resident of Victoria; and

(b) the applicant—

(i) meets the requirements under this Division for the category of motor vehicle to which the application relates; or

(ii) holds a licence issued in another jurisdiction authorising the holder to drive a motor vehicle of a category equivalent to the category of motor vehicle to which the application
relates.

15 Requirement for car driver licence

(1) For the purposes of regulation 14(b)(i), the requirement for an applicant for a car driver licence is that—

(a) immediately before the licence is granted, the applicant has held an Australian learner permit to drive a car for a continuous period, being for at least the relevant period specified in subregulation (2); or

(b) the applicant holds or, within the past 5 years, has held a licence issued in another jurisdiction or country that authorises, or authorised, the person to drive a car in that jurisdiction or country.

(2) For the purposes of subregulation (1)(a), the relevant period is—

(a) 12 months for a person who is less than 21 years old; or

(b) 6 months for a person who is at least 21 years old but less than 25 years old; or

(c) 3 months for any other person.

(3) For the purposes of subregulation (1)(b), a licence is not to be taken to authorise the driving of a car if the licence is suspended.

16 Additional requirements for car driver licence applicant under the age of 21 years

(1) For the purposes of regulation 14(b)(i), the requirements for an applicant for a car driver licence who, at the time of the application, is under the age of 21 years are—

(a) the requirement under regulation 15; and

(b) a minimum of 120 hours of driving experience on roads under the supervision of a supervising driver sitting beside the learner driver, to be recorded in a learner log book as required under regulation 24.

Road is defined in section 3 of the Act.

Reg. 16(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 7).

(2) The driving experience under subregulation (1)(b) must include the number of hours of night driving determined by the Secretary.

17 Requirement for motor cycle licence

(1) For the purposes of regulation 14(b)(i), the requirement for an applicant for a motor cycle licence is that—

(a) immediately before the licence is granted, the applicant has held an Australian learner permit to drive a motor cycle for a continuous period of at least 3 months; or

(b) the applicant holds or, within the past 5 years, has held a licence issued in another jurisdiction or country that authorises, or authorised, the person to drive a motor cycle in that jurisdiction or country.

(2) For the purposes of subregulation (1)(b), a licence is not to be taken to authorise the driving of a motor cycle if the licence is suspended.

18 Requirement for light rigid vehicle licence or medium rigid vehicle licence

For the purposes of regulation 14(b)(i), the requirement for an applicant for a light rigid vehicle licence or medium rigid vehicle licence is that the applicant has, at some time, held an Australian driver licence to drive a car for a period of at least 12 months.

19 Requirement for heavy rigid vehicle licence

For the purposes of regulation 14(b)(i), the requirement for an applicant for a heavy rigid vehicle licence is that the applicant has, at some time, held an Australian driver licence to drive a car for a period of at least 24 months.

20 Requirement for heavy combination vehicle licence

For the purposes of regulation 14(b)(i), the requirements for an applicant for a heavy combination vehicle licence is that the applicant has, at some time, held an Australian driver licence to drive a medium rigid vehicle or a heavy rigid vehicle for a period of at least 12 months.

21 Requirement for multi-combination vehicle licence

For the purposes of regulation 14(b)(i), the requirements for an applicant for a multi‑combination vehicle licence is that the applicant has at some time held an Australian driver licence to drive a heavy combination vehicle or a heavy rigid vehicle for a period of at least 12 months.

Reg. 22 amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 8).

22 Calculating periods for which a person has held a driver licence

In calculating the periods for which a person has held an Australian driver licence referred to in regulations 18, 19, 20 and 21, the Secretary must exclude any period for which the person was not permitted to drive a motor vehicle.

Any period during which the person's driver licence was suspended.

Division 3—Procedures for grant or variation of driver licence or grant of learner permit

23 Prescribed procedures for application for the grant or variation of driver licence or learner permit

(1) This regulation applies to an application for—

(a) the grant of a driver licence or learner permit; or

(b) the variation of a driver licence or learner permit.

(2) For the purposes of sections 19(2)(b) and 20(3)(b) of the Act, the prescribed procedures for the application are as follows—

Reg. 23(2)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 9).

(a) the applicant must apply to the Secretary, in a form approved by the Secretary, that includes or is accompanied by—

(2)(a)(ii) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 9).

(iii) a signature; and

(iv) the relevant fee for—

(A) the grant of a driver licence as specified in section 21A of the Act; or

(B) the grant of a learner permit as specified in Schedule 6; or

(C) the variation of a driver licence or learner permit as specified in Schedule 6; and

(2)(a)(v) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 9).

(v) the relevant fees specified in Schedule 6 for tests or assessments conducted by the Secretary, including fees relating to appointments for those tests or assessments; and

(2)(a)(vi) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 9).

(vi) any other information the Secretary requires;

Reg. 23(2)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 9).

(b) the applicant's photograph must be taken, or the applicant must provide a photograph in a form specified by the Secretary.

24 Car driver licence applicants under the age of 21 years

(1) For the purposes of sections 19(2)(b) and 20(3)(b) of the Act, the prescribed procedures for an applicant for a car driver licence who, at the time of the application, is under the age of 21 years are—

(a) the prescribed procedures under regulation 23; and

Reg. 24(1)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 10).

(b) that the applicant must give the Secretary—

(i) the applicant's learner log book; and

(ii) a declaration of completion in accordance with subregulation (2).

(2) For the purposes of subregulation (1)(b)(ii), a declaration of completion must—

Reg. 24(2)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 10).

(a) be in a form approved by the Secretary; and

(b) be signed by the applicant; and

(c) be signed by a supervising driver who has supervised the applicant.

It is an offence under section 71 of the Act to attempt to obtain a licence by making a false statement.

25 Consideration of application and decision

Reg. 25(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 11).

(1) After considering an application for the grant or variation of a driver licence or learner permit, the Secretary must—

Reg. 25(1)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 11).

(a) grant a driver licence or learner permit of the category, or make the variation, applied for, subject to any conditions that the Secretary considers to be appropriate; or

(b) refuse, under regulation 66, to grant a driver licence or learner permit of the category, or to make the variation, applied for.

The grant of a driver licence or learner permit to a person to whom section 31KA or 31KB of the Act applies must be made subject to an alcohol interlock condition.

Reg. 25(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 11).

(2) In considering the application, the Secretary may have regard to a judgment, order or decision made in accordance with the Act or another Australian law or the law of another country under which authority is given to drive motor vehicles on highways.

26 Appointment to verify non-Victorian licence or permit

(1) This regulation applies to an applicant who holds an appropriate non-Victorian licence or permit and—

(a) who seeks to have a driver licence or learner permit granted in accordance with regulation 25; or

(b) who had a driver licence or learner permit granted in accordance with regulation 25 and has applied for variation of that licence or permit.

Reg. 26(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 12(a)).

(2) The applicant must make an appointment with the Secretary for the purpose of verifying the details of the non-Victorian licence or permit.

Reg. 26(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 12(b)).

(3) The Secretary may verify a non-Victorian licence or permit.

(4) The applicant must pay the relevant fee specified in Schedule 6 for an appointment under this regulation in relation to the grant or variation of a driver licence or learner permit, as applicable.

27 Applicants who have a licence or permit issued outside Victoria

Reg. 27(1)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 13(a)).

(a) the Secretary decides to grant a driver licence or learner permit to an applicant or vary a driver licence or learner permit held by the applicant; and

(b) the applicant holds a current non-Victorian licence or permit.

Reg. 27(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 13(a)).

(2) Before granting or varying a driver licence or learner permit the Secretary may—

Reg. 27(2)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 13(a)).

(a) require the applicant to surrender the non‑Victorian licence or permit to the Secretary; or

Reg. 27(2)(b) amended by S.R. No. 15/2025 reg. 7.

(b) deface, or require the applicant to deface, the non-Victorian physical licence or permit document.

Reg. 27(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 13).

(3) In deciding whether to exercise the Secretary's discretion under subregulation (2), the Secretary may take into consideration whether, during the term of the driver licence or learner permit granted or varied by the Secretary—

(a) the applicant will require the non-Victorian licence or permit for driving in the country of issue; or

(b) the non-Victorian licence or permit is part of another authority that will be required by the applicant.

Reg. 28 amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 14), substituted by S.R. No. 15/2025 reg. 8.

28 Grant of driver licence or learner permit after surrender or defacement

If the Secretary has required an applicant to surrender a non-Victorian licence or permit under regulation 27(2)(a), or to deface a non‑Victorian licence or permit document under regulation 27(2)(b), the Secretary—

(a) may grant the applicant a driver licence or learner permit with an expiry date that is the same as the expiry date of the non-Victorian licence or permit; and

(b) must waive the fee payable under section 21A of the Act or item 10 of Schedule 6 (as the case requires) if the
non-Victorian licence or permit was an Australian driver licence or learner permit.

29 Conditions of driver licences or learner permits

Reg. 29(1) amended by S.R. No. 15/2025 reg. 9(1).

(1) A condition to which a driver licence or learner permit is subject may be shown on the licence or permit document by means of a code.

Reg. 29(2) amended by S.R. No. 15/2025 reg. 9(2).

(2) A code in column 1 of Schedule 2 must be used on a driver licence or learner permit document to indicate the driver licence or learner permit is subject to the condition set out opposite in column 2 of that Schedule.

(3) If a condition is shown by a code—

Reg. 29(3)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 15).

(a) the Secretary must include on the driver licence document or learner permit document a note explaining the condition or to the effect that the condition may be found out by asking the Secretary; or

Reg. 29(3)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 15).

(b) the Secretary must give the person who holds the licence or permit a notice containing a full explanation of the condition and may require the person to carry the notice while driving.

(4) If a person who holds a driver licence or learner permit is required to carry a notice referred to in subregulation (3)(b) the person must comply with the requirement.

30 Application for reduced period for which person is ineligible to be granted a driver licence or learner permit

Reg. 30(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 16).

(1) This regulation applies to a person who applies under section 25A of the Act to the Secretary for a reduction in the period for which the person is prevented under section 23A of the Act from obtaining a driver licence or learner permit.

(2) An application under section 25A of the Act—

Reg. 30(2)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 16).

(a) must be made to the Secretary, in a form approved by the Secretary; and

(b) must include—

Reg. 30
(2)(b)(ii) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 16).

Reg. 30
(2)(b)(iii) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 16).

(iii) any other evidence the Secretary reasonably requires; and

(iv) details of the reduced period being sought by the person.

Reg. 30(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 16).

(3) Without limiting subregulation (2)(b)(iii), the Secretary may require evidence to determine any of the following—

Reg. 30(3)(a) amended by S.R. No. 19/2022 reg. 8(1).

(a) whether the person is currently disqualified under the law of another jurisdiction from driving or from obtaining a local licence or permit, or a class of local licence or permit, in that jurisdiction because of a corresponding interstate drink-driving offence committed by the person in the other jurisdiction;

(b) whether the person would have been eligible for a reduced period of disqualification if the person had resided or remained in the other jurisdiction and had participated or agreed to participate in an alcohol interlock program in that other jurisdiction;

Reg. 30(3)(c) substituted by S.R. No. 19/2022 reg. 8(2).

(c) whether the person is not otherwise, in Victoria or another jurisdiction—

(i) disqualified from driving; or

(ii) disqualified from obtaining a driver licence or learner permit or local licence or permit; or

(iii) subject to a suspension relating to a driver licence or learner permit or local licence or permit.

Division 4—Alcohol interlocks

31 Definition of *minimum compliance period*

In this Division, minimum compliance period means a continuous or non-continuous period of at least 6 months, or if the applicant is subject to an alcohol interlock condition for a minimum period that is less than 6 months, a continuous or non-continuous period of at least that minimum period—

(a) during which alcohol interlock usage data was collected from an approved alcohol interlock fitted to a motor vehicle driven by the applicant; and

(b) that does not include any operating months during which the applicant used the approved alcohol interlock less than twice; and

(c) that does not include any period during which the driver licence or learner permit of the applicant was suspended; and

(d) that does not include any period during which the applicant did not hold a driver licence or learner permit; and

(e) that is not interrupted by more than 6 consecutive operating months during which the applicant used the approved alcohol interlock less than twice; and

(f) that, unless required by paragraphs (b) to (d), does not exclude a more recent period during which alcohol interlock usage data was collected in respect of an approved alcohol interlock fitted to a motor vehicle driven by the applicant.

A person has an alcohol interlock installed in a motor vehicle for 7 months, uses it regularly and holds a current driver licence for the entire period. The person complies with the prescribed alcohol interlock usage requirements for the first 6 months but a tampering event occurs in the seventh month. The person cannot exclude the seventh operating month and therefore the person is unable to demonstrate compliance with the prescribed alcohol interlock usage requirements, even though the person would have been able to demonstrate compliance immediately before the tampering event occurred.

32 Prescribed alcohol interlock usage data requirements

(1) For the purposes of sections 50AAAB, 50AAAC and 50AAF of the Act, the prescribed alcohol interlock usage data requirements are that, during the minimum compliance period—

(a) an approved alcohol interlock remains installed in a motor vehicle driven by the applicant; and

(b) the applicant uses that alcohol interlock at least twice during every operating month; and

(c) no tampering events occur other than in the first operating month of the minimum compliance period; and

(d) if the applicant starts the motor vehicle without providing a breath sample into the alcohol interlock other than because of a push start event and other than in the first operating month of the minimum compliance period, the applicant advises the approved alcohol interlock supplier of that start within 14 days; and

(e) subject to subregulation (2), no person fails to start the motor vehicle due to alcohol detected in the breath of that person; and

(f) subject to subregulation (2), no person, if directed to undertake an alcohol breath test after the motor vehicle was started either by a message on the digital display of the alcohol interlock or by an audible message given by the alcohol interlock—

(i) fails to provide a breath sample that contains no registrable alcohol using the alcohol interlock; or

(ii) fails to successfully undertake an alcohol breath test using the alcohol interlock.

(2) For the purposes of subregulation (1)(e) and (f), a person is not taken to have failed or failed to undertake an alcohol breath test using an alcohol interlock if—

(a) the failure is detected during the first operating month of the minimum compliance period; or

Reg. 32(2)(b) revoked by S.R. No. 120/2019 reg. 6.

Reg. 32(2)(c) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 17).

(c) the applicant holds a driver licence or learner permit that is subject to an alcohol interlock condition imposed by the Secretary under section 31KA or 31KB of the Act and—

Reg. 32(2)(c)(i) revoked by S.R. No. 120/2019 reg. 6.

(ii) the alcohol interlock is a type of alcohol interlock approved under section 50AAE of the Act that records the identity of the person starting or attempting to start the motor vehicle in which it is installed; and

Reg. 32
(2)(c)(iii) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 17).

(iii) the Secretary, on the request of the applicant, checks the information recorded by the alcohol interlock
and is satisfied that the information demonstrates that the failure was caused by a person other than the applicant; or

(d) the person failed to start the motor vehicle due to alcohol detected in the breath of that person or failed to provide a breath sample that contained no registrable alcohol, and that person starts the vehicle by providing a breath sample that does not contain registrable alcohol within one hour after the failure.

(3) In this regulation—

operating month means a month, the beginning of which is determined by reference to the day on which the approved alcohol interlock was installed in the motor vehicle, during which an approved alcohol interlock remained fitted to a motor vehicle driven by the applicant;

push start event means an event in which a person, in an emergency—

(a) push starts a motor vehicle, bypassing the breath test requirement of an approved alcohol interlock installed in that vehicle; and

(b) gives, using the approved alcohol interlock, a breath sample in which no registrable alcohol is present within 10 minutes after the push start;

registrable alcohol, in relation to a breath sample given by a person using an approved alcohol interlock, means a concentration of breath alcohol that would prevent a motor vehicle in which the alcohol interlock is installed from starting if that concentration was detected by the alcohol interlock;

service or repair event means an event during which a person, in the course of servicing or repairing a motor vehicle in which an approved alcohol interlock is installed—

(a) bypasses or disengages an approved alcohol interlock installed in that motor vehicle in accordance with the supplier's instructions; and

(b) when the service or repair is complete, removes the bypass or re-engages the interlock;

tampering event means an event, other than a push start event or a service or repair event, during which a person drives a motor vehicle in which an approved alcohol interlock is installed and the motor vehicle is started—

(a) with the approved alcohol interlock disengaged; or

(b) in a way other than by the person blowing directly into the appropriate part of the approved alcohol interlock.

A tampering event may constitute an offence under section 50AAD of the Act.

33 Report to accompany application for exemption from or removal of alcohol interlock condition on medical grounds

Reg. 33(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 18).

(1) For the purposes of section 50AAAD(3)(c) of the Act, an application to the Secretary for an exemption from or the removal of an alcohol interlock condition on medical grounds must include a report from the specialist health practitioner who prepares the report required under section 50AAAD(3)(b) of the Act indicating whether the specialist health practitioner is of the opinion that—

(a) the applicant is unfit to drive motor vehicles or a category of motor vehicles; or

(b) it would be dangerous for the applicant to drive a motor vehicle or a particular category of motor vehicle; or

(c) any driver licence or learner permit held by the person should be subject to conditions and, if so, the type of conditions that should be imposed.

(2) A report under subregulation (1) must be prepared in accordance with guidelines (if any) issued by the Minister under section 96B of the Act.

Reg. 34 amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 19).

34 Offences relating to alcohol interlocks and privacy of motor vehicle occupants

A person must not, unless required or permitted to do so under Part 5 or 7B of the Act or under another law or in accordance with the written authorisation of the Secretary—

(a) download, print or possess; or

(b) publish, transmit or disclose to any other person—

an image or data recorded by a camera or other mechanism that records information about the identity of a person starting, attempting to start or using a motor vehicle that forms part of an approved alcohol interlock installed in the motor vehicle.

Penalty: In the case of a natural person, 20 penalty units;

In the case of a body corporate, 120 penalty units.

Reg. 35 substituted by S.R. No. 120/2019 reg. 7.

35 Application to avoid imposition of alcohol interlock condition

(1) For the purposes of section 50AAAE(4)(a) of the Act, an application must—

Reg. 35(1)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 20).

(a) be in a form approved by the Secretary; and

(b) include the applicant's personal particulars.

(2) For the purposes of section 50AAAE(4)(b) of the Act, an application must be supported by an alcohol usage report that complies with subregulation (3).

(3) For the purposes of subregulation (2), an alcohol usage report must—

(a) be prepared by an approved alcohol and other drugs professional; and

(b) be prepared no earlier than 28 days before the application is made; and

(c) include—

(i) a description of the applicant's usage of alcohol (if any) for the period of at least 12 months immediately prior to the preparation of the report; and

(ii) the results of an alcohol assessment tool completed by an approved alcohol and other drugs professional; and

(iii) an assessment as to whether, in the opinion of the alcohol and other drugs professional, the applicant is or is not—

(A) engaging in hazardous or harmful alcohol use; or

(B) dependent on alcohol.

Reg. 35A inserted by S.R. No. 120/2019 reg. 7, amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 21).

35A Application for exemption from prescribed alcohol interlock usage data requirements

For the purposes of section 103ZM(6) of the Act, an application must be made to the Secretary in a form approved by the Secretary.

Reg. 35B inserted by S.R. No. 19/2022 reg. 9.

35B Power of driving instructor to require person subject to alcohol interlock condition to prove not alcohol affected in certain circumstances

For the purposes of regulation 35C or 35D, a driving instructor may require a person to comply with any requirements that the driving instructor reasonably believes are necessary for the driving instructor to be satisfied that—

(a) the person is not affected by alcohol; and

(b) the driving assessment or driving supervision can be undertaken safely.

Reg. 35C inserted by S.R. No. 19/2022 reg. 9.

35C Requirements for the assessment of a driver who is subject to an alcohol interlock condition

(1) For the purposes of section 50AAD(3B)(a)(i) and (b) of the Act and subject to subregulation (2), a person drives the vehicle in accordance with the regulations if—

(a) the driving assessment is conducted by or in the presence of a driving instructor who is—

(i) a commercial driving instructor (general); or

(ii) a person authorised in writing by the Secretary for the purpose of this regulation; or

(iii) a member of a class of persons authorised in writing by the Secretary for the purposes of this regulation; and

(b) the person complies with any requirements of the driving instructor under regulation 35B.

(2) The driving assessment must be conducted by or in the presence of a commercial driving instructor (general) in a motor vehicle that is a dual control vehicle if—

(a) the motor vehicle to be driven during the driving assessment is not a motor cycle; and

(b) the person—

(i) holds a driver licence or learner permit authorising the person to drive the same category of motor vehicle as that which is to be driven during the driving assessment; or

(ii) has requested that an approved alcohol interlock be fitted to a motor vehicle of the same category of motor vehicle as that which is to be driven during the driving assessment.

Reg. 35D inserted by S.R. No. 19/2022 reg. 9.

35D Requirements for the supervision of a driver who is subject to an alcohol interlock condition

(1) For the purposes of section 50AAD(3B)(a)(ii) and (b) of the Act and subject to subregulation (2), a person drives the vehicle in accordance with the regulations if—

(a) the person is supervised by a driving instructor who is—

(i) a commercial driving instructor (general); or

(ii) a person authorised in writing by the Secretary for the purpose of this regulation; or

(iii) a member of a class of persons authorised in writing by the Secretary for the purposes of this regulation; and

(b) the person complies with any requirements of the driving instructor under regulation 35B.

(2) The person must be supervised by a commercial driving instructor (general) in a motor vehicle that is a dual control vehicle if—

(a) the motor vehicle to be driven under supervision is not a motor cycle; and

(b) the person—

(i) holds a driver licence or learner permit authorising the person to drive the same category of motor vehicle as that which is to be driven under supervision; or

(ii) has requested that an approved alcohol interlock be fitted to a motor vehicle of the same category of motor vehicle as that which is to be driven under supervision.

Reg. 35E inserted by S.R. No. 19/2022 reg. 9.

35E Transfer of approval of alcohol interlock supplier

For the purposes of section 50AAEC(3)(b) of the Act, an application to the Secretary for the transfer of approval of an approved alcohol interlock supplier must be accompanied by any evidence the Secretary reasonably requires to determine if the transfer is appropriate, including evidence relating to the matters set out in section 50AAE(5) and (6) of the Act.

Division 5—Behaviour change program

36 Persons not required to complete first‑stage behaviour change program

Reg. 36(1) revoked by S.R. No. 123/2020 reg. 5.

(2) For the purposes of section 58F(3) of the Act, the following persons are not required to complete a first-stage behaviour change program—

(a) a person who would not otherwise be required to complete a first-stage behaviour change program, except for the person being convicted or found guilty of a corresponding interstate drink-driving offence (or any other offence in another State or a Territory that resulted in the imposition of an alcohol interlock condition in that other jurisdiction) that was committed before 30 April 2018;

(b) a person referred to in section 31KB(1)(a) of the Act;

Reg. 36(2)(c) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 22).

(c) a person who is exempted from the requirement to complete a first-stage behaviour change program by the Secretary because the Secretary is satisfied that the person completed a rehabilitation, education or behaviour change program required to be completed in another jurisdiction with respect to the relevant offence.

Reg. 36(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 22).

(3) A person, on application to the Secretary, may be exempted from the requirement to complete a first-stage behaviour change program if there are exceptional circumstances that would make it unreasonable to require the person to complete the program.

Reg. 36(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 22).

(4) On receipt of an application under subregulation (3), the Secretary may in writing exempt the applicant from the requirement to complete a first‑stage behaviour change program if satisfied that the exceptional circumstances referred to in that subregulation apply to the applicant.

Reg. 36(5) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 22).

(5) If a person commits 2 or more offences arising from the same set of circumstances, the Secretary may only require the person to complete a first‑stage behaviour change program in respect of one of those offences.

(6) For the purposes of subregulation (5), the same set of circumstances is constituted by one continuous period during which a person continues to drive or be in charge of a motor vehicle.

Reg. 36(7) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 22).

(7) If a person commits 2 or more offences that are heard together in court, the Secretary may only require the person to complete a first-stage behaviour change program in respect of one of those offences.

37 Persons required to complete second-stage behaviour change program

(1) For the purposes of section 58D(1) of the Act, a person is required to complete a second-stage behaviour change program before the person may apply for the removal of an alcohol interlock condition imposed on the person's driver licence or learner permit if—

(a) the person commits—

(i) an offence referred to in section 58C(2) of the Act; or

(ii) a corresponding interstate drink‑driving offence (or any other offence in another State or a Territory that resulted in the imposition of an alcohol interlock condition in that other jurisdiction) and section 31KB of the Act applies to the person; and

(b) the person was subject to an alcohol interlock condition under the Act with respect to that offence; and

(c) the offence referred to in paragraph (a) is—

(i) a second or subsequent offence; or

(ii) a first offence other than—

(A) a first offence against section 49(1)(b), (f) or (g) of the Act committed in circumstances where the concentration of alcohol present in the blood of the person was less than 0∙15 grams per 100 millilitres of blood or in the breath of the person was less than 0∙15 grams per 210 litres of exhaled air; or

(B) a first corresponding interstate drink‑driving offence that was declared, under section 25 of the Act, to correspond with section 49(1)(b) of the Act, committed in circumstances where the concentration of alcohol present in the blood of the person was less than 0∙15 grams per 100 millilitres of blood or in the breath of the person was less than 0∙15 grams per 210 litres of exhaled air; and

(d) the person was required to complete a first-stage behaviour change program with respect to the offence referred to in paragraph (a).

(2) In determining whether an offence is a second or subsequent offence for the purposes of this regulation—

(a) section 48(2), (5) and (6) of the Act apply; and

(b) an offence in respect of which a conviction was recorded or a finding of guilt was made 10 years or more before the commission of the offence referred to in subregulation (1)(a) is to be disregarded if not to do so would make the relevant offence a second or subsequent offence for the purpose of this regulation.

Reg. 37(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 23).

(3) If a person is concurrently subject to 2 or more alcohol interlock conditions, the Secretary may only require the person to complete one second-stage behaviour change program before the person may apply for the removal of those alcohol interlock conditions imposed on the person's driver licence or learner permit.

Reg. 37(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 23).

(4) Despite anything to the contrary in this regulation, a person, on application to the Secretary, may be exempted from the requirement to complete a second-stage behaviour change program if there are exceptional circumstances that would make it unreasonable to require the person to complete the program.

Reg. 37(5) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 23).

(5) On receipt of an application under subregulation (4), the Secretary may in writing exempt the applicant from the requirement to complete a second-stage behaviour change program if satisfied that the exceptional circumstances referred to in that subregulation apply to the applicant.

38 Prescribed information to be included in notification—behaviour change program

For the purposes of section 58E(2)(b) of the Act, the following must be included in a notice requiring a person to complete a behaviour change program—

(a) particulars of the relevant offence;

Reg. 38(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 24).

(b) the consequences of failing to complete the behaviour change program that has been specified by the Secretary in the notice;

(c) information to assist the person to contact approved providers who are approved to provide the specified behaviour change program.

Reg. 39 amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 25).

39 Certificate of completion—behaviour change program

For the purposes of section 58R(3)(b) of the Act, if the person completes a behaviour change program, the approved provider of the program must provide, upon request by the Secretary, a copy of a certificate of completion to the Secretary.

Reg. 39A inserted by S.R. No. 19/2022 reg. 10.

39A Transfer of approval of provider—behaviour change program

For the purposes of section 58KA(3)(b) of the Act, an application to the Secretary for the transfer of approval of an approved provider for a behaviour change program must be accompanied by any evidence the Secretary reasonably requires to determine if the transfer is appropriate, including evidence relating to the matters determined by the Secretary under section 58J(2) of the Act.

Pt 2 Div. 5A (Heading and reg. 39B) inserted by S.R. No. 19/2022 reg. 10.

Division 5A—Safe driving program

Reg. 39B inserted by S.R. No. 19/2022 reg. 10.

39B Transfer of approval of provider—safe driving program

For the purposes of section 84BQA(3)(b) of the Act, an application to the Secretary for the transfer of approval of an approved provider for a safe driving program must be accompanied by any evidence the Secretary reasonably requires to determine if the transfer is appropriate, including evidence relating to the matters determined by the Secretary under section 84BP(2) of the Act.

Division 6—Renewal of licence

40 Renewal notice

Reg. 40(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 26(a)).

(1) The Secretary may send a notice (a renewal notice) to a person who holds a driver licence stating that if the driver licence is not renewed on or before the date specified in the notice the driver licence will expire.

Reg. 40(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 26(b)).

(2) If the Secretary fails to send a renewal notice to a person who holds a driver licence, or if the renewal notice is not received by the person, the failure or non-receipt does not affect—

(a) the expiry date of the driver licence; and

(b) the obligation of the person to renew the licence if the person intends to drive a motor vehicle on a highway after the expiry date of the person's licence.

41 Renewal of driver licence

Reg. 41(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 27).

(1) A person may apply to the Secretary to renew their driver licence, within 6 months after the expiry date of the licence.

(2) A person may not renew their driver licence, but may apply for a new driver licence under Division 3, if the driver licence has been cancelled and the person is not disqualified from driving or from obtaining a driver licence under these Regulations, the Act or any other
Act.

42 Expiry date of renewed driver licence

The expiry date of a renewed driver licence must be calculated from the expiry date of the licence being renewed.

Division 7—Surrender of driver licence or learner permit

43 Surrender and cancellation of driver licence or learner permit

Reg. 43(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 28).

(1) A person may apply to the Secretary to surrender their driver licence or learner permit.

(2) A surrender under subregulation (1) may be made by—

(a) the driver licence or learner permit holder; or

(b) an authorised representative.

Reg. 43(3) amended by S.R. Nos 172/2019 reg. 5(Sch. 2 item 28), 15/2025 reg. 10.

(3) A person who surrenders their driver licence or learner permit must return the physical driver licence document or physical learner permit document to the Secretary.

Reg. 43(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 28).

(4) If a person surrenders their driver licence or learner permit to the Secretary, the Secretary must cancel the driver licence or learner permit.

Division 8—Learner drivers

44 Term of learner permit

Reg. 44(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 29).

(1) The Secretary may grant a car learner permit for a period of 10 years.

Reg. 44(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 29).

(2) The Secretary may grant a motor cycle learner permit for a period of 15 months.

The procedure for applying for a learner permit is set out in regulation 23.

Reg. 44(3) amended by S.R. No. 15/2025 reg. 11.

(3) The expiry date of the learner permit must be specified on the learner permit document.

Reg. 45 amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 30), substituted by S.R. No. 15/2025 reg. 12.

45 Surrender of physical learner permit document

A person who holds a learner permit must, if required by the Secretary, surrender the physical learner permit document to the Secretary if the person is granted a driver licence.

46 Renewal of learner permit

Reg. 46(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 31).

(1) A person may apply to the Secretary to renew their car learner permit, within 6 months after the expiry date of the learner permit.

(2) A person may not renew their car learner permit, but may apply for a new car learner permit under Division 3, if the car learner permit has been cancelled and the person is not disqualified from driving or from obtaining a driver licence under these Regulations, the Act or any other Act.

(3) A motor cycle learner permit may not be renewed.

47 Restrictions affecting learner drivers

(1) A learner driver must not drive a motor vehicle (other than a tractor) that is towing another motor vehicle or a trailer.

Reg. 47(2) revoked by S.R. No. 19/2022 reg. 11.

(3) A person who holds a car learner permit must not drive a tractor on a highway unless the tractor is being used solely in connection with agriculture, horticulture, dairying, pastoral or other similar pursuits, or commercial fishing.

48 Learner driver must display L plates

(1) A learner driver must not drive a motor vehicle (other than a tractor) on a highway unless—

(a) an L plate is displayed facing out from the rear of the motor vehicle so that the letter "L" is clearly visible from a distance of 20 metres behind the vehicle; and

(b) in the case of a vehicle other than a motor cycle, an L plate is displayed facing out from the front of the vehicle so that the letter "L" is clearly visible from a distance of 20 metres ahead of the vehicle.

(2) A supervising driver must not sit beside a learner driver, as required under regulation 47(2), if the learner driver is committing an offence against subregulation (1).

(3) A person who is not a learner driver must not drive a motor vehicle on a highway if there is displayed facing out from the front or rear of the motor vehicle a plate that is, or that resembles, an L plate.

(4) Subregulation (3) does not apply to—

(a) a person who is instructing a learner driver and who is driving the motor vehicle solely for the purposes of instructing the learner driver; or

(b) a driver of a motor cycle under assessment to whom regulation 11 applies.

Division 9—Probationary drivers

49 Probationary driver licence

(1) The probationary period of a driver licence comprises—

(a) the period, if any, for which the licence is granted as a P1 probationary licence, subject to extension under regulation 53 (the P1 probationary period); and

(b) the period for which the licence is granted as a P2 probationary licence, subject to extension under regulation 53 (the P2 probationary period).

Reg. 49(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 32).

(2) At the expiry of the probationary period, the Secretary must grant a full driver licence to the holder of the probationary licence.

50 P1 probationary driver licence

Reg. 50(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 33).

(1) Subregulation (2) applies if the Secretary grants a driver licence to an applicant who—

(a) is less than 21 years of age; and

(c) if the applicant holds a non-Victorian licence or permit—has held that licence or permit for less than one year.

(2) The driver licence must be granted as a P1 probationary driver licence for the period that expires one year after—

(a) in the case of an applicant who holds a non‑Victorian licence or permit, the later of—

(i) the date that licence or permit was issued; or

(ii) the date of the applicant's 18th birthday; or

(b) in any other case, the date the P1 probationary driver licence is granted.

(3) If a person's P1 probationary driver licence is cancelled, the next driver licence granted to the person must be granted as a P1 probationary driver licence for the period that expires one year after it is granted.

Reg. 50(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 33).

(4) In calculating the periods for which a person has held a driver licence or permit referred to in this regulation, the Secretary must exclude any period for which the person was not permitted to drive a motor vehicle.

51 P2 probationary driver licence

Reg. 51(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 34).

(1) Subregulation (2) applies if the Secretary grants a driver licence to an applicant who—

(a) is at least 21 years of age; and

(c) if the applicant holds a non-Victorian licence or permit—has held that licence for less than 3 years.

(2) The driver licence must be granted as a P2 probationary driver licence for the period that expires 3 years after—

(a) in the case of an applicant who holds a non‑Victorian licence issued, the later of—

(i) the date the licence was issued; or

(ii) the date of the applicant's 18th birthday; or

(b) in any other case, the date the P2 probationary driver licence is granted.

Reg. 51(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 34).

(3) Subregulation (5) applies if the Secretary grants a driver licence to an applicant who—

(a) is less than 21 years of age; and

(c) holds a non-Victorian licence and has held that licence for one year or more from the date of the applicant's 18th birthday.

Reg. 51(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 34).

(4) Subregulation (5) applies if the Secretary grants a driver licence to an applicant who—

(a) is at least 21 years of age; and

(c) holds a non-Victorian licence and has held that licence for one year or more from the date of the applicant's 18th birthday; and

(d) was less than 21 years of age when they first obtained a non-Victorian licence.

(5) The driver licence must be granted as a P2 probationary driver licence for the period that expires 4 years after the later of—

(a) the date the non-Victorian licence was issued; or

(b) the date of the applicant's 18th birthday.

(6) If a person's P2 probationary driver licence is cancelled, the next driver licence granted to the person must be granted as a P2 probationary driver licence for the period that expires 3 years after it is granted.

Reg. 51(7) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 34).

(7) In calculating the periods for which a person has held a licence referred to in this regulation, the Secretary must exclude any period for which the person was not permitted to drive a motor vehicle.

52 Transition from P1 probationary driver licence to P2 probationary driver licence

Reg. 52(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 35).

(1) Subject to subregulation (2), the Secretary must grant a P2 probationary driver licence to the holder of a P1 probationary driver licence on the expiration of the P1 probationary driver licence.

Reg. 52(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 35).

(2) However, before granting a P2 probationary driver licence, the Secretary may require the holder of a P1 probationary driver licence to pass any appropriate test or assessment or to comply with any other procedures or requirements.

Reg. 52(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 35).

(3) If a person passes a test or assessment or complies with procedures or requirements required by the Secretary under subregulation (2), the Secretary must grant a P2 probationary driver licence to the person on the later of—

(a) the day the person passes the test or assessment or complies with the procedures or requirements; or

(b) the expiration of the P1 probationary driver licence.

Reg. 52(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 35).

(4) If a person does not pass a test or assessment or comply with procedures or requirements required by the Secretary under subregulation (2), the Secretary must not grant a P2 probationary driver licence until the person passes that test or assessment or complies with those procedures or requirements.

(5) A P2 probationary driver licence granted under subregulation (1) or (3) must be granted for the period that expires 3 years after it is granted.

53 Extension of probationary driver licence

(1) This regulation applies if a person who holds a P1 probationary driver licence or a P2 probationary driver licence has their driver licence suspended.

Reg. 53(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 36).

(2) For the purposes of section 21(1)(a), (2)(a) and (6)(a) of the Act and subject to subregulation (3), the Secretary must extend the P1 probationary period or the P2 probationary period of the person's licence for the period equal to the sum of—

(a) the period of the suspension (if any); and

(b) 6 months.

A person who holds a P1 probationary driver licence commits a traffic-related offence. The person's licence is suspended for one month by the Court. As a result, the P1 probationary period is extended by 7 months.

Reg. 53(3) amended by S.R. Nos 172/2019 reg. 5(Sch. 2 item 36), 123/2020 reg. 6.

(3) If the person's driver licence is suspended under—

(a) section 24(1A), 40, 41, 41A, 84BN(2), 85, 85A(1), 85B(1), 85F(1), 85G(1) or 85I(1) of the Act; or

(b) regulation 79, 80 or 81; or

(c) section 89A of the Sentencing Act 1991—

the Secretary must extend the P1 probationary period or P2 probationary period of the person's driver licence for the period of the suspension of the licence.

(4) If the probationary period of a person's driver licence is extended under this regulation, the extended period operates concurrently with the period during which any other extension under this regulation has effect.

54 Variation of P2 probationary driver licence to P1 probationary driver licence

(a) a person held a P1 probationary driver licence at the time of committing an alleged offence, being an offence that results in the suspension of the person's driver licence; and

(b) the person holds a P2 probationary driver licence at the time the person's driver licence is suspended for the offence.

Reg. 54(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 37).

(2) The Secretary must vary the P2 probationary driver licence held by the person to a P1 probationary driver licence for 6 months commencing from the day on which the suspension of the person's driver licence expires.

(3) A reference in subregulation (1)(b) to a P2 probationary driver licence that is suspended for an offence does not include a P2 probationary driver licence that is suspended in the circumstances referred to in regulation 53(3).

55 Variation of full driver licence to P2 probationary driver licence

(a) a person held a P2 probationary driver licence at the time of committing an alleged offence, being an offence that results in the suspension of the person's driver licence; and

(b) the person holds a full driver licence at the time the person's driver licence is suspended for the offence.

Reg. 55(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 38).

(2) The Secretary must vary the full driver licence held by the person to a P2 probationary driver licence for 6 months commencing from the day on which the suspension of the person's driver licence expires.

56 Probationary driver must display P plates

Reg. 56(1) amended by S.R. No. 19/2022 reg. 12.

(1) A person who holds a probationary driver licence or a local probationary or provisional licence must not drive a motor vehicle (other than a tractor) on a highway unless—

(a) an appropriate P plate is displayed facing out from the rear of the vehicle so that the letter "P" is clearly visible and the colour of the plate is distinguishable from a distance of 20 metres behind the vehicle; and

(b) in the case of a vehicle other than a motor cycle, an appropriate P plate is displayed facing out from the front of the vehicle so that the letter "P" is clearly visible and the colour of the plate is distinguishable from a distance of 20 metres ahead of the vehicle.

Reg. 56(2) amended by S.R. No. 19/2022 reg. 12.

(2) A person who does not hold a probationary driver licence or a local probationary or provisional licence must not drive a motor vehicle on a highway if there is displayed facing out from the front or rear of the vehicle a plate that is, or that resembles, a P plate.

(3) Subregulation (1) does not apply to a person who is driving a police vehicle or to an emergency worker driving an emergency vehicle.

Emergency worker is defined in the Road Rules.

57 Probationary prohibited vehicles

(1) For the purposes of regulation 58, a probationary prohibited vehicle is a motor vehicle (other than a motor cycle) that—

(a) has a power to mass ratio which exceeds 130 kilowatts per tonne; or

(b) has an engine that has been modified to increase the vehicle's performance
(a high powered modification), other than a modification made by the manufacturer in the course of the manufacture of the vehicle; or

(c) is declared under subregulation (2) to be a probationary prohibited vehicle; or

(d) is a vehicle of a class of vehicles declared under subregulation (2) to be probationary prohibited vehicles.

Reg. 57(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 39).

(2) For the purpose of this regulation, the Secretary, by notice published in the Government Gazette, may—

(a) declare that a vehicle is a probationary prohibited vehicle; or

(b) declare that vehicles of a specified class are probationary prohibited vehicles; or

(c) declare that a modification to a vehicle or type of modification to a vehicle is a high powered modification; or

(d) declare that a vehicle is not a probationary prohibited vehicle.

(3) For the purpose of this regulation, the power to mass ratio of a motor vehicle may be specified—

(a) by the manufacturer of the motor vehicle; or

(b) by the Minister administering the Motor Vehicle Standards Act 1989 of the Commonwealth; or

Reg. 57(3)(c) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 39).

(c) by the Secretary, in circumstances where—

(i) the manufacturer has not specified a power to mass ratio or cannot be identified; and

(ii) the Minister administering the Motor Vehicle Standards Act 1989 of the Commonwealth has not specified a power to mass ratio.

Power to mass ratio and tare mass, in relation to a motor vehicle, are defined in the Act. Section 84 of the Act also contains evidentiary provisions relating to subregulation (3).

58 Offence to drive probationary prohibited vehicle

(1) The holder of a probationary driver licence must not drive a probationary prohibited vehicle on a highway.

(2) Subregulation (1) does not apply to—

(a) the holder of a probationary driver licence who is driving a probationary prohibited vehicle—

(i) in the course of the person's employment and at the request of the person's employer; or

(ii) in the course of the person's business or to or from the workplace of that business, providing that an Australian Business Number is in force in relation to the person's business; or

(iii) if a person who at the relevant time holds a full driver licence that authorises the person to drive that vehicle is sitting beside the driver and is supervising the driver; or

Reg. 58(2)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 40).

(b) the holder of a probationary driver licence who has been exempted from the requirement in subregulation (1) by the Secretary in accordance with regulation 101; or

(c) a police officer who, in the course of
duty, is driving a probationary prohibited vehicle; or

(d) a person who is driving a probationary prohibited vehicle that is also a heavy vehicle if—

(i) that person does not hold a driver licence that authorises the holder to drive that motor vehicle; and

(ii) the person is the holder of a driver licence of another category; and

(iii) a person who holds an Australian driver licence which is appropriate for the category of vehicle that is being driven is sitting beside the driver and is supervising the driver; and

(iv) there is a driver under instruction plate affixed to, and facing out from, the front and rear of the vehicle.

59 Restrictions affecting certain motor cycle riders

(1) Subject to subregulation (3), a person who has held a motor cycle licence for a period of less than 3 years must not—

(a) drive a motor cycle other than a learner approved motor cycle; or

(b) drive a motor cycle on which there is a pillion passenger; or

(c) drive a motor cycle unless the headlights of the motor cycle are on at all times.

(2) A person who holds a motor cycle learner permit must not—

(a) drive a motor cycle other than a learner approved motor cycle; or

(b) drive a motor cycle on which there is a pillion passenger; or

(c) drive a motor cycle unless the headlights of the motor cycle are on at all times; or

(d) drive a motor cycle unless the driver is wearing an approved high visibility vest or jacket that is visible and is securely fitted and fastened.

Reg. 59(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 41(a)).

(3) The Secretary may specify that a person may hold a motor cycle licence for a shorter period than that required under subregulation (1) if satisfied that the person has motor cycle driving experience in another jurisdiction or another country.

(4) Subregulations (1)(a), (1)(c), (2)(a), (2)(c) and (2)(d) do not apply to a police officer who, in the course of duty, is driving a motor cycle on which there is no pillion passenger.

Reg. 59(5) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 41(b)).

(5) Subregulations (1)(a) and (2)(a) do not apply to a person who is driving a motor trike because the Secretary has issued a certificate to the person under subregulation (6).

Reg. 59(6) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 41(a)).

(6) The Secretary may issue a certificate, subject to any conditions, that due to any illness, disability, medical condition or injury, or because of the effects of the treatment for any of those things, the person named in the certificate may ride a motor trike.

Reg. 59(7) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 41(b)).

(7) For the purpose of this regulation, the Secretary may approve a motor cycle, or class of motor cycle, to be a learner approved motor cycle—

(a) by notice published in the Government Gazette; or

Reg. 59(7)(b) amended by S.R. Nos 105/2020 reg. 82, 121/2021 reg. 4.

(b) by issuing a certificate of registration, in accordance with the Road Safety (Vehicles) Regulations 2021[1], indicating that the motor cycle is a learner approved motor cycle.

(8) In calculating the period for which a person has held a motor cycle licence referred to in subregulation (1) or (2), any period for which the person was not permitted to drive a motor vehicle must be excluded.

(9) In this regulation, approved high visibility vest or jacket means a high visibility vest or jacket that meets and is labelled or marked to indicate that it meets at least one of the following standards for day and night high visibility garments and apparel—

(a) AS/NZS 4602.1:2011;

(b) ISO 20471:2013 High visibility clothing—Test methods and requirements;

(c) ANSI/ISEA 107-2015 High-Visibility Safety Apparel and Accessories;

(d) BS EN ISO 20471:2013+A1:2016 High‑visibility warning clothing for professional use. Test methods and requirements.

Notes

1 The Act provides that certain inexperienced motorcycle riders are not permitted to drive a motor cycle if any alcohol is present in the blood or breath of the person. See section 52 of the Act.

2 The Act provides that a person who holds a motor cycle licence for a period of less than 3 years must have the licence in the person's possession at all times while driving or in charge of a motor cycle. See section 19(7B) of the Act.

60 Towing of vehicles by certain drivers

The holder of a P1 probationary car driver licence, or the holder of a motor cycle licence who has held the motor cycle licence for a period of less than 3 years, must not drive a motor vehicle (other than a tractor) that is towing another motor vehicle or a trailer unless—

(a) the person is driving the motor vehicle in the course of the person's employment and at the request of the person's employer; or

(b) the person is driving a motor vehicle which is being used solely in connection with agriculture, horticulture, dairying, pastoral or other similar pursuits or commercial fishing; or

(c) a person who at the relevant time holds a full driver licence that authorises the person to drive that vehicle is sitting beside the driver and is supervising the driver.

61 Peer passenger restriction for P1 probationary drivers

(1) A P1 probationary driver or corresponding novice driver must not drive a motor vehicle on a highway in which there is more than one peer passenger.

(2) Subregulation (1) does not apply to a driver—

(a) who is a police officer and is driving a police vehicle in the course of the driver's duties; or

(b) who is driving an emergency vehicle on a highway in the course of the driver's employment or duties, or in accordance with any terms of a contract or any engagement; or

(c) who is driving a motor vehicle on a highway in which there is a person who—

(i) at the relevant time holds a full driver licence that authorises the person to drive that vehicle; and

(ii) is sitting beside the driver and is supervising the driver; or

Reg. 61(2)(d) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 42).

(d) who has been exempted from the requirement in subregulation (1) by the Secretary in accordance with regulation 101.

Division 10—Driver licence document and learner permit document

Reg. 62 (Heading) amended by S.R. No. 129/2022 reg. 3(1).

62 Issue of document upon grant, variation or renewal of driver licence or learner permit and cessation of suspension of driver licence or learner permit

Reg. 62(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 43(a)), substituted by S.R. No. 129/2022 reg. 3(2).

(a) the Secretary decides to grant, vary or renew a driver licence or learner permit; or

(b) the suspension of a driver licence or learner permit ceases.

Reg. 62(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 43(b)).

(2) The Secretary must issue the person a driver licence document or learner permit document in the form required by regulation 63 as soon as practicable after—

(a) in the case of the grant or renewal of a driver licence—payment of the relevant fee specified in section 21A of the Act; or

(b) in the case of the variation of a driver licence or the variation, grant or renewal of a learner permit—payment of the relevant fee specified in Schedule 6; or

Reg. 62(2)(c) amended by S.R. Nos 172/2019 reg. 5(Sch. 2 item 43(a)), 129/2022 reg. 3(3).

(c) in the case of the variation, grant or renewal of a driver licence or learner permit where the Secretary has waived the relevant fee under regulation 28 or determined to waive the relevant fee under regulation 111—the waiving of the relevant fee or the making of that determination, as the case requires; or

Reg. 62(2)(d) inserted by S.R. No. 129/2022 reg. 3(4).

(d) in the case of the suspension of a driver licence or learner permit—the suspension of the driver licence or learner permit ceases.

Reg. 62(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 43(a)).

(3) If the Secretary decides to renew or vary a driver licence or learner permit, the Secretary may—

Reg. 62(3)(a) amended by S.R. Nos 172/2019 reg. 5(Sch. 2 item 43(a)), 15/2025 reg. 13.

(a) require the person to surrender the previous physical driver licence document or physical learner permit document to the Secretary; or

Reg. 62(3)(b) amended by S.R. No. 15/2025 reg. 13.

(b) deface, or require the person to deface, the previous physical driver licence document or physical learner permit document.

Reg. 62(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 43(a)).

(4) Before the document is issued, the Secretary may issue a driver licence receipt or learner permit receipt to the person as an interim measure.

(5) A driver licence receipt or learner permit receipt ceases to be in force on the earlier of the following days—

(a) the day that is 3 months after the date of its issue;

(b) the day that the driver licence document or learner permit document is issued to the person.

63 Form of driver licence or learner permit document

Reg. 63(1) amended by S.R. No. 15/2025 reg. 14(1).

(1) A physical driver licence document or physical learner permit document must show details of the following—

(a) an identification number for the person to whom it is issued;

(b) subject to subregulation (2), the person's first name, second and third initials (if any) and family name;

(c) a photograph of the person;

(d) the person's residential address;

(e) the person's date of birth;

(f) a reproduction of the person's signature;

(g) the category or categories of driver licence or learner permit held by the person;

(h) the expiry date of the licence or permit;

(i) the code of any condition to which the licence or permit is subject.

(2) If space does not permit compliance with subregulation (1)(b), a driver licence or learner permit document may—

(a) set out one or more of the person's names in truncated form; or

(b) omit one or more of the person's initials.

Reg. 63(3) inserted by S.R. No. 15/2025 reg. 14(2).

(3) A digital driver licence document or digital learner permit document issued to a person must show—

(a) the details specified in subregulation (1)(a) to (i); and

(b) if the person holds a probationary driver licence—the date on which the P1 probationary period or P2 probationary period expires (as the case requires); and

(c) whether the person's driver licence or learner permit is current or—

(i) has expired; or

(ii) is suspended; or

(iii) has been cancelled; or

(iv) has been surrendered; and

(d) the card number of the physical driver licence document or physical learner permit document issued to the person (as the case requires).

64 Replacement or correction of driver licence or learner permit document

Reg. 64(1) amended by S.R. Nos 172/2019 reg. 5(Sch. 2 item 44(a)), 15/2025 reg. 15(1).

(1) The holder of a driver licence or learner permit may apply to the Secretary for the replacement of the physical driver licence document or physical learner permit document—

(a) if it is stolen, lost, damaged or destroyed; or

(b) if the holder's name has changed; or

(c) if the holder's appearance has changed significantly; or

(d) to correct an error or omission on it.

Reg. 64(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 44(a)).

(2) The applicant must give the Secretary the personal particulars or other information the Secretary considers necessary to identify the applicant, including evidence to verify those particulars.

Reg. 64(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 44(b)), substituted by S.R. No. 129/2022 reg. 4.

(3) The Secretary may require the applicant—

(a) to comply with any of the requirements of regulations 23 and 24 as if the applicant were applying for a driver licence or learner permit; and

Reg. 64(3)(b) amended by S.R. No. 15/2025 reg. 15(2).

(b) to pay the relevant fee specified in Schedule 6 for the issue of a replacement physical driver licence document or a replacement physical learner permit document; and

The Secretary may reduce, waive or refund a fee in certain circumstances. See regulation 111.

Reg. 64(3)(c) amended by S.R. No. 15/2025 reg. 15(3).

(c) to surrender any original physical driver licence or learner permit document.

Reg. 64(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 44(c)), substituted by S.R. No. 129/2022 reg. 4, amended by S.R. No. 15/2025 reg. 15(2).

(4) The Secretary may issue a replacement physical driver licence document or a replacement physical learner permit document to the applicant if the Secretary is satisfied that—

Reg. 64(4)(a) amended by S.R. No. 15/2025 reg. 15(4).

(a) the relevant physical driver licence document or physical learner permit document has been lost, stolen or destroyed, or damaged in a way that requires its replacement; or

(b) for any other reason, the replacement is appropriate in the circumstances.

Reg. 64(5) inserted by S.R. No. 129/2022 reg. 4, amended by S.R. No. 15/2025 reg. 15(5).

(5) The Secretary may refuse to issue a replacement physical driver licence document or a replacement physical learner permit document if the applicant has not complied with the requirements of subregulation (3).

Reg. 64(6) inserted by S.R. No. 129/2022 reg. 4, amended by S.R. No. 15/2025 reg. 15(6).

(6) The Secretary may issue a replacement driver licence receipt or replacement learner permit receipt to the applicant as an interim measure before issuing a replacement physical driver licence document or replacement physical learner permit document.

Reg. 64(7) inserted by S.R. No. 129/2022 reg. 4.

(7) A replacement driver licence receipt or replacement learner permit receipt issued under subregulation (6) ceases to be in force on the earlier of the following days—

(a) the day that is 3 months after the date of its issue;

Reg. 64(7)(b) amended by S.R. No. 15/2025 reg. 15(6).

(b) the day that a replacement physical driver licence document or replacement physical learner permit document is issued to the person.

Division 11—Miscellaneous

65 Incomplete application

Reg. 65(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 45(a)).

(1) The Secretary may return an incomplete application for the grant or variation or renewal of a driver licence or learner permit to the applicant who made or gave it without processing it.

Reg. 65(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 45(b)).

(2) For the purpose of these Regulations, the Secretary returning an incomplete application under subregulation (1) does not constitute a refusal under regulation 66.

Reg. 66 amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 46(a)).

66 Refusal of application

The Secretary must refuse to grant, vary or renew a driver licence or learner permit if the applicant—

(a) has failed to meet a requirement prescribed in Division 2 for the category of motor vehicle to which the application relates and has not been exempted under regulation 101 from that requirement; or

Reg. 66(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 46(b)).

(b) has refused or failed to undergo, or has not passed, any appropriate test or assessment the applicant is required to undergo by the Secretary under the Act; or

Example to reg. 66(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 46(c)).

The Secretary may require the applicant to undergo tests or assessments relating to eyesight, road law knowledge or driving ability.

(c) has failed to comply with the procedures specified in regulation 23 or 24 (if applicable); or

(d) does not have sufficient knowledge of road laws or driving ability, or is not suitable to hold the category of driver licence or learner permit applied for; or

(e) has not otherwise complied with a requirement under the Act or these Regulations or the Heavy Vehicle National Law (Victoria) or the national regulations under that Law.

Reg. 67 (Heading) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 47).

67 Information to be recorded by the Secretary

(1) For the purposes of section 16G(3) of the Act, the following information is prescribed—

(a) an identification number;

(b) the gender of a person;

(c) personal particulars;

(d) a person's title;

Reg. 67(1)(e) substituted by S.R. No. 19/2022 reg. 13.

(e) if a person holds a driver licence or learner permit issued under the Act or a non-Victorian licence or permit, any information contained in the licence or permit, including—

(i) the licence or permit number; and

(ii) the category or categories of the licence or permit; and

(iii) the commencement date of the licence or permit; and

(iv) the expiry date of the licence or permit; and

(v) any condition to which the licence or permit is subject; and

(vi) any period for which the licence is probationary or provisional.

Reg. 67(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 48).

(2) Any person in respect of whom the Secretary has created a record that records information referred to under subregulation (1) is entitled, on payment of the relevant fee payable under regulation 107(1), to request a search of the records and to obtain a certificate as to any matter appearing in the records in relation to that person.

68 Change of personal particulars or medical condition

Reg. 68(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 49).

(1) A holder of a driver licence or learner permit must notify the Secretary of any change to the person's personal particulars within 14 days after the change.

Reg. 68(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 49).

(2) If a holder of a driver licence or learner permit, or a person who is authorised to drive under regulation 12, is affected by any permanent or long-term illness, disability, medical condition or injury or because of the effects of the treatment for any of those things, that may impair the person's ability to drive safely, the person must, as soon as practicable after becoming aware of the injury or illness or commencing the treatment for any of those things, notify the Secretary about it.

69 Tests and assessments

(1) For the purposes of section 27(3) of the Act, a test or assessment of the class described in column 1 of the following Table must be carried out by a person of the class described opposite the class of test or assessment in column 2 of the Table.

Reg. 69(1) (Table) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 50(a)).

Table

| Column 1<br>Class of test or assessment | Column 2<br>Prescribed class of person | | Medical | Registered medical practitioners | | Eyesight | Registered medical practitioners;<br>Registered optometrists;<br>Registered ophthalmologists;<br>Registered occupational therapists who have successfully completed postgraduate training in driver assessment and rehabilitation;<br>Employees in the Department;<br>Other persons authorised in writing by the Secretary. | | Evaluations of drivers' physical and cognitive abilities or skills to drive | Registered occupational therapists who have successfully completed postgraduate training in driver assessment and rehabilitation;<br>Employees in the Department;<br>Other persons authorised in writing by the Secretary. | | Road law knowledge and driving ability | Registered occupational therapists who have successfully completed postgraduate training in driver assessment and rehabilitation;<br>Employees in the Department;<br>Other persons authorised in writing by the Secretary. |

Section 38EA of the Interpretation of Legislation Act 1984 defines registered medical practitioner.

Reg. 69(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 50(b)).

(2) The Secretary must accept, for the purposes of section 27 of the Act, a certificate of the results of a medical test or assessment conducted in another jurisdiction if the test or assessment otherwise complies with this regulation.

70 Verification of records

Reg. 70(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 51(a)).

(1) This regulation applies if the Secretary believes on reasonable grounds that a record containing information referred to under regulation 67 in relation to a driver licence or learner permit is inaccurate or misleading.

Reg. 70(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 51(b)).

(2) The Secretary, by written notice given to the person who holds the driver licence or learner permit, may require the person to—

Reg. 70(2)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 51(a)).

(a) give evidence to the Secretary, in the way specified in the notice, about anything relevant to the issuing, variation or continuation of the licence or permit, including the person's personal particulars; or

Reg. 70(2)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 51(a)).

(b) give the Secretary specified documents for inspection; or

(c) attend at a time and place specified in the notice for identification.

Failure to comply with the notice may result in the person's driver licence or permit being suspended or cancelled under regulation 81.

(3) A person who is required under subregulation (2)(c) to attend at a specified time and place may request a change to the time or place.

Reg. 70(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 51(a)).

(4) If a request is made under subregulation (3), the Secretary must—

(a) consider the request; and

Reg. 70(4)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 51(c)).

(b) give written notification to the person of the Secretary's decision.

Reg. 70(4A) inserted by S.R. No. 15/2025 reg. 16.

(4A) Nothing in subregulation (2)(b) requires the person to give the Secretary the electronic device on which the digital licence or permit document is displayed.

Reg. 70(5) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 51(a)(d)).

(5) After complying with this regulation, the Secretary may alter a record if the Secretary considers that it is inaccurate or misleading.

71 Exemption for consular or diplomatic staff

Reg. 71(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 52).

(1) The Secretary may exempt a member of consular or diplomatic staff from a requirement to undergo any tests or assessments required by the Secretary under the Act.

Reg. 71(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 52(a)).

(2) The Secretary may waive the payment by a member of consular or diplomatic staff of any of the following fees—

(a) the fee payable under section 21A of the Act for the grant or renewal of a driver licence or under regulation 62(2) for the variation of a driver licence;

(b) the fee payable under regulation 62(2) for the grant, variation or renewal of a learner permit;

Reg. 71(2)(c) amended by S.R. No. 15/2025 reg. 17.

(c) the fee payable under regulation 64(4) for the issue of a replacement physical driver licence document or physical learner permit document.

Part 3—Variation, suspension or cancellation of driver licence or learner permit

Division 1—Demerit points

72 Definitions for Division 1

(1) In this Division—

appropriate number of demerit points means—

(a) in relation to a relevant offence, the number of demerit points specified in column 3 of Schedule 3 in respect of that offence; or

(b) in relation to a relevant interstate offence, the number of demerit points specified in column 3 of Schedule 4 in respect of the relevant offence most closely corresponding to the relevant interstate offence;

duly notified means notified by—

(a) Victoria Police or the police force of another jurisdiction; or

(b) a court, tribunal or other entity involved in the administration of the criminal justice system in Victoria or another jurisdiction; or

(c) any other authority or person responsible for the enforcement, investigation or prosecution of offences against the laws of Victoria or of another jurisdiction; or

(d) an employee or delegate of an entity referred to in paragraph (a), (b) or (c);

relevant event means an event which may be duly notified under regulation 73(1) or 74(1);

relevant interstate offence means an offence against an Act or Regulation of another jurisdiction that is the same or substantially similar to an offence described in column 1 of Schedule 4;

relevant offence means an offence described in column 1 of Schedule 3 in relation to the use of a motor vehicle.

(2) A summary of an offence in column 1 of Schedule 3 or 4 is not to be taken to affect the nature or elements of the offence to which the summary refers or the operation of these Regulations.

Reg. 73 (Heading) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 53).

73 Secretary to record demerit points

Reg. 73(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 54).

(1) For the purposes of section 35(3) of the Act, the Secretary must record in the Demerits Register the appropriate number of demerit points against a person if the Secretary is duly notified that—

(a) the person has been convicted, or found guilty, of a relevant offence; or

Reg. 73(1)(b) amended by S.R. No. 9/2023 reg. 4(1).

(b) the penalty specified in an infringement notice issued to the person in relation to a relevant offence has been paid in accordance with the Infringements Act 2006 or Fines Reform Act 2014; or

Reg. 73(1)(ba) inserted by S.R. No. 9/2023 reg. 4(2).

(ba) the person has, in relation to a relevant offence, made the relevant first infringement payment; or

Reg. 73(1)(bb) inserted by S.R. No. 9/2023 reg. 4(2).

(bb) an infringement notice issued to the person in relation to a relevant offence has been withdrawn by an enforcement agency under section 25(2)(b) or (c) of the Infringements Act 2006; or

(c) the person has had a conviction imposed by a court under section 89(4) of the Act in relation to a relevant offence; or

(d) an infringement notice issued to the person in relation to a relevant offence has taken effect as a conviction under section 89A(2) of the Act; or

(e) an enforcement order that is in force has been made against the person under Schedule 3 to the Children, Youth and Families Act 2005 in relation to a relevant offence; or

(f) a proceeding against the person for a relevant offence has been adjourned under section 59(2) of the Criminal Procedure Act 2009 or section 356D(1) of the Children, Youth and Families Act 2005.

Reg. 73(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 54(a)).

(2) For the purposes of section 35(3) of the Act, the Secretary must also record in the Demerits Register the appropriate number of demerit points against a person if—

Reg. 73(2)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 54(b)).

(a) the Secretary is duly notified that a notice of final demand has been served on the person under section 23 of the Fines Reform Act 2014 in relation to a relevant offence; and

Reg. 73(2)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 54(b)).

(b) the Secretary has not been notified that notice of an enforcement cancellation has been served on the enforcement agency under section 37(2) of that Act in relation to the infringement fine for the relevant offence.

Reg. 73(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 54(a)).

(3) Despite anything to the contrary in this regulation, the Secretary must not record demerit points against a person in the Demerits Register if more than 12 months have elapsed since the Secretary was duly notified of a relevant event.

Reg. 73(4) inserted by S.R. No. 9/2023 reg. 4(3).

(4) In this regulation—

relevant first infringement payment means the first payment made in accordance with a payment plan under Part 3 of the Infringements Act 2006 or a payment arrangement under Part 5 of the Fines Reform Act 2014 that is—

(a) subsequently reversed; or

(b) the subject of a chargeback; or

(c) dishonoured.

Reg. 74 (Heading) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 55).

74 Secretary to record demerit points for relevant interstate offences

Reg. 74(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 56(a)).

(1) For the purposes of section 35(3) of the Act, the Secretary must record in the Demerits Register the appropriate number of demerit points against a person if the Secretary is duly notified that—

(a) the person has been convicted, or found guilty, of a relevant interstate offence; or

(b) the penalty specified in an infringement notice, penalty notice, expiation notice or similar notice issued to the person in relation to a relevant interstate offence has been paid; or

(c) an infringement notice, penalty notice, expiation notice or similar notice issued to the person in relation to a relevant interstate offence has taken effect as a conviction under an Act of another jurisdiction; or

(d) an action equivalent to the following that has not been reversed has been taken against the person in relation to a relevant interstate offence—

(i) the service of a notice of final demand on the person under section 23 of the Fines Reform Act 2014;

(ii) the making of an enforcement order under Schedule 3 to the Children, Youth and Families Act 2005; or

(e) a proceeding against the person for a relevant interstate offence has been adjourned under a provision of an Act of another jurisdiction that is the equivalent of section 59(2) of the Criminal Procedure Act 2009 or section 356D(1) of the Children, Youth and Families Act 2005.

Reg. 74(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 56(b)).

(2) The Secretary must not record demerit points against a person in the Demerits Register under subregulation (1) if more than 12 months have elapsed since the Secretary was duly notified of a relevant event.

75 Record of day on which offence was committed

Reg. 75(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 57).

(1) For the purposes of section 35(3) of the Act, the Secretary must record demerit points in the Demerits Register in relation to the day on which the offence was committed.

(2) For the purposes of subregulation (1), if a proceeding for an offence is adjourned under section 59(2) of the Criminal Procedure Act 2009 or section 356D(1) of the Children, Youth and Families Act 2005, the offence is taken to have been committed on the day alleged in the charge for theoffence.

Reg. 76 amended by S.R. Nos 120/2019 reg. 8, 172/2019 reg. 5(Sch. 2 item 58).

76 Notice to be given to other jurisdictions

If a person holds a licence or permit to drive a motor vehicle issued in another jurisdiction, the Secretary may send to the driver licensing authority of that jurisdiction details of any offence described in column 1 of Schedule 4 in relation to which—

(a) the person was convicted or found guilty; or

(b) the penalty specified in an infringement notice was paid; or

(c) the penalty specified in an infringement notice has not been paid, and—

(i) a notice of final demand has been served on the person under section 23 of the Fines Reform Act 2014 in respect of the unpaid penalty; and

(ii) no notice of an enforcement cancellation in relation to the infringement fine has been served on the enforcement agency under section 37(2) of that Act; or

(d) the penalty specified in an infringement notice has not been paid and an enforcement order that is in force has been made against the person under Schedule 3 to the Children, Youth and Families Act 2005 in respect of the unpaid penalty; or

(e) the person has been charged but the proceeding in relation to that charge has been adjourned under section 59(2) of the Criminal Procedure Act 2009 or section 356D(1) of the Children, Youth and Families Act 2005.

77 Notification of too many demerit points

(1) For the purposes of sections 36(2), 41A(5) and 46A(1) of the Act, the prescribed particulars are—

(a) details of the driver licence or learner permit; and

(b) the period during which the demerit points were incurred; and

(c) particulars of the offences for which the demerit points were incurred, including the date of each offence and the demerit points recorded in relation to each offence.

(2) For the purposes of section 40(2)(b) and (3)(b) of the Act, the prescribed particulars are—

(a) a reference to the notice served under section 36(1) of the Act on the person; and

(b) particulars of each offence committed within the 12 month period commencing on the date specified in the notice referred to in paragraph (a) and of the demerit points incurred in relation to each offence; and

(c) the period for which the driver licence or learner permit is suspended and the date the suspension starts; and

(d) information about the right of the holder of the driver licence or learner permit to appeal to the Magistrates' Court; and

Reg. 77(2)(e) amended by S.R. No. 15/2025 reg. 18.

(e) the place to which the holder of the driver licence or learner permit must send or take the physical driver licence document or physical learner permit document.

Reg. 78 amended by S.R. Nos 172/2019 reg. 5(Sch. 2 item 59), 9/2023 reg. 5 (ILA s. 39B(2)).

78 Cancellation of demerit points

(1) For the purposes of section 35(3)(c) of the Act, the Secretary must cancel from the Demerits Register—

(a) the appropriate number of demerit points against a person for a relevant event, if duly notified that the circumstances under regulation 73 or 74 no longer apply to the relevant event; or

(b) all demerit points which have not been the subject of a demerit point option notice referred to in section 36 of the Act or a driving suspension notice referred to in section 41A of the Act or a driving disqualification notice referred to in section 46A of the Act, after 4 years have elapsed since those demerit points were recorded on the Demerits Register.

Reg. 78(2) inserted by S.R. No. 9/2023 reg. 5.

(2) Subregulation (1)(a) does not apply if the enforcement of the infringement fine for the infringement notice served on the person is cancelled under section 37(1)(b) of the Fines Reform Act 2014 on an application for an enforcement review made on the basis of section 32(1)(b) of that Act.

Pt 3 Div. 2 (Heading) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 60).

Division 2—Variation, suspension and cancellation by the Secretary

79 Variation, suspension or cancellation of driver licence or learner permit on the grounds that the person is not suitable to drive

Reg. 79(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 61(a)).

(1) The Secretary must vary, suspend or cancel the driver licence or learner permit of a person who is required by the Secretary under section 27 of the Act to undergo a test or assessment in relation to their knowledge of road law or driving ability if the person—

(a) refuses or fails to undergo the test or assessment; or

(b) does not pass the test or assessment.

Reg. 79(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 61(b)).

(2) A person whose driver licence or learner permit is cancelled under subregulation (1) is disqualified from obtaining a driver licence or learner permit until the person passes the test or assessment required by the Secretary under section 27 of the Act.

80 Variation, suspension or cancellation of driver licence or learner permit on the grounds that the person is unfit to drive or that it is dangerous for the person to drive

Reg. 80(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 62(a)).

(1) The Secretary must vary, suspend or cancel a person's driver licence or learner permit if, based on the results of a test or assessment required by the Secretary under section 27 of the Act or a report from a registered medical practitioner, the Secretary believes it would be dangerous for the person to drive a motor vehicle, or a category of motor vehicle, because of any illness, disability, medical condition or injury, or because of the effects of the treatment for any of those things, that may impair the person's ability to drive safely.

Reg. 80(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 62(b)).

(2) A person who is the holder of a driver licence or learner permit that has been cancelled under subregulation (1) is disqualified from obtaining a driver licence or learner permit until the Secretary is satisfied on the basis of results from another test or assessment required by the Secretary under section 27 of the Act or another report from a registered medical practitioner, that the grounds for cancellation under subregulation (1) no longer exist.

Reg. 80(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 62(a)).

(3) The Secretary may suspend or vary a person's driver licence or learner permit until the person has undergone a test of fitness or competence or any other appropriate test or assessment if—

(a) the Secretary receives information which discloses or suggests that a person is unfit to drive or that it may be dangerous to allow that person to hold a driver licence, a particular category of driver licence, or a learner permit; and

(b) the Secretary is satisfied on reasonable grounds that the information is reliable.

81 Other grounds for variation, suspension or cancellation of driver licence or learner permit

Reg. 81(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 63(a)).

(1) The Secretary may vary, suspend or cancel a person's driver licence or learner permit if—

(a) a court order requires the person to pay a sum of money by way of fine, penalty, costs or restitution or any 2 or more of those things and—

(i) the order was made in relation to an offence arising out of the use of a motor vehicle in Victoria, including a parking infringement or traffic infringement; and

Reg. 81
(1)(a)(ii) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 63(b)).

(ii) a person authorised by law to issue or execute a warrant for the enforcement of the court order notifies the Secretary that the order is wholly or partially unsatisfied; or

(b) the person no longer meets the requirements under Part 2 for the particular category of driver licence or learner permit; or

(c) the driver licence or learner permit was granted, varied or renewed in error; or

Reg. 81(1)(d) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 63(b)).

(d) payment of a fee to the Secretary under section 21A of the Act or under these Regulations has been rejected; or

A person pays a fee that is dishonoured or reversed.

(e) the person has been convicted or found guilty in another jurisdiction or country of an offence that, if the person had been licensed in that jurisdiction or country, would have enabled the driver licensing authority of that jurisdiction or country to vary, suspend or cancel the person's licence or permit; or

(f) the person has failed to comply with a condition of the licence or permit; or

Reg. 81(1)(fa) inserted by S.R. No. 120/2019 reg. 9.

(fa) the person's licence or permit is subject to an alcohol interlock condition and the person has—

Reg. 81
(1)(fa)(i) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 63(b)).

(i) failed to provide a certificate to the Secretary in accordance with section 23B of the Act certifying that, at the person's request, an approved alcohol interlock supplier has installed an approved alcohol interlock; or

(ii) failed to take any action reasonably necessary and available to the person to ensure that an approved alcohol interlock previously installed is maintained by an approved alcohol interlock supplier or a person or body authorised by the supplier for that purpose; or

(iii) removed or disengaged an approved alcohol interlock; or

Reg. 81(1)(g) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 63(b)).

(g) the person has surrendered the licence or permit to the Secretary or the driver licensing authority in another jurisdiction for cancellation; or

(h) the person has failed to comply with a notice given under regulation 70.

Reg. 81(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 63(b)).

(2) Subject to subregulation (3) and Part 4, the Secretary must suspend a person's driver licence or learner permit, on receiving notice from another jurisdiction that a person is disqualified for a period from driving in that jurisdiction, for the same period.

Reg. 81(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 63(a)).

(3) The Secretary must not suspend a person's driver licence or learner permit if—

Reg. 81(3)(a) amended by S.R. No. 19/2022 reg. 14(1).

(a) the person has been disqualified from driving or obtaining a local licence or permit in another jurisdiction as a result of having been convicted or found guilty of a corresponding interstate drink-driving offence in that jurisdiction;
and

Reg. 81(3)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 63(b)).

(b) the Secretary, under section 25 of the Act—

(i) has cancelled any driver licence or learner permit held by the person; and

(ii) has disqualified the person from obtaining a driver licence or learner permit for a period determined in accordance with that section.

Reg. 81(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 63(c)).

(4) The Secretary must cancel a person's driver licence or learner permit if the person is required in accordance with section 58F(2)(b) of the Act to complete a first-stage behaviour change program within a specified period and the person fails to complete the program in the specified period.

Reg. 81(5) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 63(b)).

(5) A person whose driver licence or learner permit is cancelled under subregulation (4) is disqualified from obtaining a driver licence or learner permit until the Secretary is satisfied that the person has completed the first-stage behaviour change program referred to in that subregulation.

Reg. 81(6) amended by S.R. Nos 172/2019 reg. 5(Sch. 2 item 63(c)), 19/2022 reg. 14(2).

(6) The Secretary must cancel a person's driver licence or learner permit, on receiving notice from another jurisdiction or country that a person's non-Victorian licence or permit in that jurisdiction or country has been cancelled because of a judgment, order or decision made under, or otherwise by operation of, the law of that jurisdiction or country.

82 Procedure for variation, suspension or cancellation of driver licence or learner permit

Reg. 82(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 64(a)).

(1) Subject to subregulation (2), the Secretary must give written notice to the holder of a driver licence or learner permit in compliance with subregulation (4) if the Secretary, under regulation 79, 80 or 81(1)—

(a) decides to vary the licence or permit by imposing a new condition on it; or

(b) decides to suspend or cancel the licence or permit.

Reg. 82(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 64(b)).

(2) The Secretary is not required to give written notice to the holder of a driver licence or learner permit if—

Reg. 82(2)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 64(a)).

(a) the Secretary cancels the licence or permit under regulation 81(1)(g); or

Reg. 82(2)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 64(a)).

(b) the Secretary suspends the licence or permit under regulation 81(2); or

Reg. 82(2)(c) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 64(a)).

(c) the Secretary cancels the licence or permit under regulation 81(6); or

Reg. 82(2)(d) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 64(a)).

(d) the Secretary suspends the licence under section 24(2) of the Act in the circumstances referred to in section 24(3) of the Act; or

(e) the licence or permit is suspended, cancelled or varied because the holder of the licence or permit refuses or fails to undergo a test or assessment under section 27(1) of the Act or does not pass the test or assessment.

Reg. 82(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 64(a)).

(3) If the Secretary varies a driver licence or learner permit on any of the grounds under regulation 80(1), the Secretary must give written notice to the holder of the driver licence or learner permit stating the details of the variation of the licence or permit including—

(a) the reasons for the variation of the licence or permit; and

(b) that the notice takes effect immediately upon service of the notice or on a later date specified in the notice; and

(c) the conditions, if any, to which the licence or permit is subject; and

(d) the action, if any, that the holder of the licence or permit must take to comply with any conditions imposed on the licence or permit; and

(e) that the person has a right under Part 5 to apply within 28 days after the date that the notice to have the decision reviewed was sent.

(4) A notice under subregulation (1) or (3) must state the following—

(a) the decision and the reasons for it;

(b) the date the decision takes effect;

(c) the action, if any, that may be taken by the person to avoid the variation, suspension or cancellation;

(d) the date by which the person must take that action;

Reg. 82(4)(e) amended by S.R. Nos 172/2019 reg. 5(Sch. 2 item 64(a)), 15/2025 reg. 19.

(e) if the person must return the physical driver licence document or physical learner permit document to the Secretary, the date by which it must be returned;

(f) that the person has a right under Part 5 to apply within 28 days after the date of the notice to have the decision reviewed.

(5) The date specified in the notice as the date on which the decision takes effect must be at least 28 days after the date of the notice.

Reg. 82(6) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 64(a)).

(6) The driver licence or learner permit is varied, suspended or cancelled in accordance with the notice unless the Secretary, by further written notice, withdraws the notice.

Reg. 83 amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 65), substituted by S.R. No. 15/2025 reg. 20.

83 Return of physical driver licence document or physical learner permit document

(1) If a person's driver licence or learner permit is suspended or cancelled by the Secretary or a court, the person must upon being given or served with a notice of the suspension or cancellation—

(a) if the notice is served personally by a police officer, an employee in the Department or an officer of the court, give the physical driver licence document or physical learner permit document immediately to the person who served the notice; or

(b) in any other case, send or take the physical driver licence document or physical learner permit document to the place specified in the notice within the time specified in the notice.

(2) Nothing in subregulation (1) requires a person—

(a) to give the electronic device on which the digital licence or permit document is displayed to a person referred to in subregulation (1)(a); or

(b) to send or take the electronic device on which the digital licence or permit document is displayed to a place specified in a notice under subregulation (1)(b).

Part 4—Special powers with respect to disqualification for drink-driving in another jurisdiction

84 Definitions for Part 4

Reg. 84 def. of reduced dis-qualification or suspension amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 66).

reduced disqualification or suspension means a decision, subject to the imposition of any special conditions, made by the Secretary under regulation 86 in relation to an application made under regulation 85 to—

(a) issue a driver licence or learner permit by reference to the reduced period (and any period of suspension or disqualification already served) rather than the usual period; or

(b) suspend a driver licence or learner permit (or shorten an existing suspension) by reference to the reduced period (and any period of suspension or disqualification already served) rather than the usual period;

reduced period means the shorter or nil period of suspension or disqualification that may have applied to a person specified in regulation 85(1);

relevant interstate drink-driving offence means an offence against a law of another jurisdiction that—

(a) is the same or substantially similar to any of the following offences—

(i) a serious motor vehicle offence within the meaning of section 87P of the Sentencing Act 1991 committed while the person was under the influence of alcohol, or both alcohol and a drug, which a court has found contributed to the offence;

(ii) an offence against section 49(1) of the Act other than—

(A) an offence under section 49(1)(a) (involving only a drug); or

(B) an offence under section 49(1)(ba), (bb), (h) or (i);
or

(b) results in the imposition of a requirement that the person, for a period of time, is only permitted to drive a motor vehicle in which an alcohol interlock has been installed;

relevant jurisdiction, in relation to a person making an application under this Part, means the other jurisdiction where the person, because of a relevant interstate drink‑driving offence, was subject to a disqualification or suspension of a kind referred to in regulation 85(1)(a);

Reg. 84 def. of special conditions amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 66).

special conditions means conditions or requirements imposed by the Secretary under regulation 87;

usual period means the period of disqualification or suspension that would normally apply in accordance with regulation 81(2).

85 Application for a reduced disqualification or suspension

(a) currently is, under the law of another jurisdiction (including where the person is a resident of Victoria) in respect of a relevant interstate drink-driving offence—

(i) disqualified from driving in the relevant jurisdiction; or

(a)(ii) amended by S.R. No. 19/2022 reg. 15.

(ii) disqualified from obtaining a local licence or permit in the relevant jurisdiction; or

(a)(iii) amended by S.R. No. 19/2022 reg. 15.

(iii) disqualified from obtaining a class of local licence or permit in the relevant jurisdiction; or

(a)(iv) amended by S.R. No. 19/2022 reg. 15.

(iv) subject to a local licence or permit suspension in the relevant jurisdiction; and

(b) would have been eligible for a reduced period of disqualification or suspension if the person resided in or remained in the other jurisdiction and the person—

(i) had undertaken or agreed to undertake certain education or rehabilitation activities; or

(ii) had made certain undertakings; or

(iii) had agreed to be subject to certain driving restrictions or conditions; and

(c) is not subject to any other disqualification or suspension; and

Reg. 85(1)(d) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 67(a)).

(d) has, if a requirement has been imposed by or under the Act or these regulations to return or surrender a driver licence or learner permit to the Secretary, returned or surrendered that driver licence or learner permit to the Secretary.

(2) If subregulation (1) applies to a person, the person may apply for a reduced disqualification or suspension in accordance with this regulation.

(3) Despite subregulation (2), a person is not entitled to apply for a reduced disqualification or suspension in accordance with this regulation if—

Reg. 85(3)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 67(a)).

(a) the Secretary, under section 25 of the Act—

(i) cancelled any driver licence or learner permit held by the person; and

(ii) disqualified the person from obtaining a driver licence or learner permit for a period determined in accordance with that section; or

(b) section 25A of the Act applies to the person.

(4) An application under this regulation—

Reg. 85(4)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 67(a)).

(a) must be made to the Secretary, in a form approved by the Secretary; and

(b) must include—

Reg. 85
(4)(b)(ii) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 67(a)).

Reg. 85
(4)(b)(iii) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 67(a)).

(iii) any other evidence the Secretary reasonably requires; and

(iv) details of the reduced disqualification or suspension that is being sought.

Reg. 85(5) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 67(b)).

(5) The Secretary may require evidence under subregulation (4)(b)(iii) to determine—

(a) whether the person would have been eligible for a reduced period; and

(b) in what circumstances the person would have been so eligible; and

(c) what period of disqualification or suspension has already been served (if any) in the relevant jurisdiction; and

(d) whether the person suffers from a medical condition that is relevant to the imposition of special conditions under regulation 87(2)(c); and

(e) the extent to which the person has already complied with any requirements of the law of the relevant jurisdiction.

An example of compliance with the requirements of the law of the relevant jurisdiction may be that the person has already been driving in that jurisdiction with an alcohol interlock device fitted to that person's motor vehicle for a period of time while the disqualification was stayed or suspended.

86 Consideration of application, notification and decision

Reg. 86(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 68(a)).

(1) After considering an application for a reduced disqualification or suspension, the Secretary may grant a reduced disqualification or suspension and impose any special conditions under regulation 87 if the Secretary is satisfied that—

(a) the person would have been eligible for a reduced period if the person had resided in or remained in the relevant jurisdiction; and

Reg. 86(1)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 68(a)).

(b) if appropriate, suitable special conditions can be imposed on the person that, in the opinion of the Secretary, are readily enforced and administered in Victoria.

Reg. 86(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 68(a)).

(2) If the Secretary is not satisfied of the matters specified in subregulation (1), the Secretary must refuse the application.

Reg. 86(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 68(b)).

(3) The Secretary must give written notice of the Secretary's decision under subregulation (1) or (2) to a person who has made an application under regulation 85 stating—

(a) if a reduced disqualification or suspension has been granted—

(i) details of the reduced disqualification or suspension granted and the date on which it will take effect; and

(ii) details of any special conditions and the period for which they are to apply; and

(b) if the application has been refused, the reasons for the decision; and

(c) that the person has a right under Part 5 to apply within 28 days after receiving the notice to have the decision reviewed.

Reg. 86(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 68(a)).

(4) For the purposes of section 23A of the Act, the Secretary may grant a driver licence or learner permit to a person despite the operation of that section, if regulation 85 applies to the person and the Secretary grants a reduced disqualification or suspension under that regulation.

87 Special conditions

Reg. 87(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 69(a)).

(1) The Secretary may impose suitable conditions or requirements on a person's driver licence or learner permit if the person is granted a reduced disqualification or suspension under regulation 86.

Reg. 87(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 69(b)).

(2) When determining suitable conditions or requirements, the Secretary may have regard to—

(a) any conditions or requirements that are normally imposed in the relevant jurisdiction and whether they could be readily enforced and administered in Victoria; and

Reg. 87(2)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 69(b)).

(b) the conditions or requirements that the Secretary or Victorian courts would typically impose if the offences or events leading to the disqualification or suspension in the relevant jurisdiction had occurred in Victoria; and

(c) whether any medical exemptions would normally be available in Victoria for a particular condition type; and

(d) whether the person's illness, disability, medical condition or injury, or the effects of the treatment for any of those things, may impair the person's ability to drive safely such as to prevent the person from being able to comply with a condition of the type referred to in subregulation (2)(c); and

(e) the extent to which the person has already complied with any requirements of the law of the relevant jurisdiction; and

(f) the provision of safe, efficient and equitable road use.

(3) Conditions or requirements imposed under this regulation may—

(a) be of fixed duration; or

(b) apply for a minimum period if removal of the conditions or requirements is expressed to be contingent on certain conditions or requirements being met.

Example to reg. 87(3)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 69(c)).

Consistent with the Victorian Alcohol Interlock Program, the Secretary may impose a special condition that the applicant drive a vehicle fitted with an alcohol interlock for a certain minimum period, during which the person must comply with the prescribed alcohol interlock usage data requirements (see regulations 31 and 32) and provide evidence of that compliance. If the person fails to comply with those prescribed alcohol interlock usage data requirements, the person would continue to be subject to the special condition (even after the minimum compliance period ends) until compliance could be demonstrated by the applicant.

88 Application for removal of condition imposed for minimum period

Reg. 88(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 70).

(1) If a special condition is imposed for a minimum period in accordance with regulation 87(3)(b), the person subject to that special condition may apply to the Secretary for its removal in accordance with this regulation after—

(a) the minimum period has elapsed; and

(b) the person has satisfied any condition or requirement on which the removal of the special condition is contingent.

Reg. 88(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 70).

(2) An application under this regulation must be made to the Secretary, in a form approved by the Secretary.

(3) The application must include—

(a) the applicant's personal particulars; and

Reg. 88(3)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 70).

(b) any evidence the Secretary reasonably requires to verify the personal particulars; and

Reg. 88(3)(c) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 70).

(c) any evidence the Secretary reasonably requires to determine that the person has satisfied any condition or requirement on which the removal of the special condition is contingent.

89 Consideration of application and decision

Reg. 89(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 71(a)).

(1) After considering an application under regulation 88, the Secretary must, if satisfied that the requirements specified in regulation 88(1) are met, remove the special condition.

Reg. 89(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 71(b)).

(2) If the requirements of regulation 88(1) are not met, the Secretary must refuse the application.

Reg. 89(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 71(c)).

(3) The Secretary must give written notice of the Secretary's decision under subregulation (1) or (2), to the applicant stating—

(a) if the application has been granted, the date from which the special condition will no longer apply; and

(b) if the application has been refused—

(i) the reasons for the decision; and

(ii) that the person has a right under Part 5 to apply within 28 days after receiving the notice to have the decision reviewed.

Part 5—Review and appeal rights

Division 1—Definition

90 Definition for Part 5

Reg. 90 def. of affected person amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 72).

affected person means a person in relation to whom the Secretary has made a relevant decision.

Division 2—Review

91 Definition for Division 2

In this Division—

Reg. 91 def. of relevant decision amended by S.R. Nos 120/2019 reg. 10, 172/2019 reg. 5(Sch. 2 item 73).

relevant decision means—

(a) a decision by the Secretary to refuse a person's application for a driver licence or learner permit; or

(b) a decision by the Secretary to refuse a person's application to vary or renew the person's driver licence or to renew the person's learner permit; or

(c) a decision by the Secretary to vary, suspend or cancel a person's driver licence or learner permit under section 24 of the Act; or

(d) a decision by the Secretary to cancel a person's driver licence or learner permit and disqualify a person from obtaining a driver licence or learner permit under section 25 of the Act; or

(e) a decision by the Secretary to grant a driver licence or learner permit that is subject to an alcohol interlock condition under section 31KA or 31KB of the Act; or

(f) a decision by the Secretary not to remove an alcohol interlock condition under section 50AAAB of the Act; or

(g) a decision by the Secretary to refuse to grant a reduced disqualification or suspension under regulation 86; or

(h) a decision by the Secretary to impose special conditions under regulation 87; or

(i) a decision by the Secretary not to remove a special condition under regulation 89; or

(j) a decision by the Secretary under section 50AAAE of the Act not to exempt a person from the requirement that a driver licence or learner permit granted to the person must be subject to an alcohol interlock condition; or

(k) a decision by the Secretary under section 103ZM(6) of the Act not to exempt a person to whom section 103ZM(5) of the Act applies from the alcohol interlock usage data requirements prescribed for the purposes of section 103ZM(5)(a) of the Act.

92 Affected person entitled to be given reasons for relevant decision

Reg. 92(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 74(a)).

(1) If an affected person has not been given the information set out in subregulation (2) in relation to a relevant decision, the affected person may apply to the Secretary for the information.

Reg. 92(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 74(b)(i)).

(2) The Secretary must, within 14 days after receiving the affected person's application, give the affected person—

Reg. 92(2)(a) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 74(b)(ii)).

(a) the Secretary's decision and the reasons for the decision; and

(b) the name or position of the person who made the decision.

93 Internal review

Reg. 93(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 75(a)).

(1) Subject to subregulation (2), an affected person may within 28 days after the date of the notice about the relevant decision, apply to the Secretary for an internal review of the decision.

Reg. 93(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 75(a)).

(2) An affected person may apply to the Secretary for an internal review of a relevant decision under paragraph (c) of the definition of relevant decision in regulation 91 within 28 days after the later of—

(a) the date of the notice about the relevant decision; or

(b) the date on which the relevant decision takes effect.

(3) A relevant decision cannot be reviewed by the person who made the decision.

Reg. 93(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 75(a)).

(4) After considering an application for review, the Secretary must—

(a) subject to subregulation (5), affirm the relevant decision; or

(b) vary the relevant decision; or

(c) revoke the relevant decision.

Reg. 93(5) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 75(b)).

(5) The Secretary may affirm a decision under section 50AAAB of the Act not to remove an alcohol interlock condition on the basis of a partial analysis as to whether the affected person complied with the prescribed alcohol interlock usage data requirements if it is the opinion of the person conducting the review that the partial analysis reveals that the affected person has failed to comply with those requirements.

Example to reg. 93(5) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 75(c)).

The Secretary, under section 50AAAB of the Act, decides to not remove an alcohol interlock condition imposed on a person's driver licence on the basis of multiple tampering events. The affected person seeks internal review of that decision.

The person reviewing the decision concludes that a tampering event occurred in the last operating month within the meaning of regulation 32(3), and therefore the affected person must remain subject to the alcohol interlock condition.

The person reviewing the decision is not required to consider whether any earlier alleged tampering events are accurately recorded because the analysis of the most recent tampering event establishes that the affected person has not complied with the prescribed alcohol interlock usage data requirements.

Reg. 93(6) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 75(d)).

(6) The Secretary must give the affected person written notice of the Secretary's decision within 28 days after the day on which the application for the internal review is received by the Secretary.

Reg. 93(7) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 75(e)).

(7) A relevant decision that is subject to an internal review is taken to be affirmed by the Secretary if the Secretary does not given written notice of the Secretary's decision under subregulation (6) to the affected person within the time specified in that subregulation.

(8) An application for an internal review of a relevant decision does not stay the operation of the decision.

Division 3—Appeals to Magistrates' Court

94 Definition for Division 3

In this Division—

Reg. 94 def. of relevant decision amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 76).

relevant decision means—

(a) a decision by the Secretary to refuse a person's application for a driver licence or learner permit; or

(b) a decision by the Secretary to refuse a person's application to vary the person's driver licence or learner permit (other than a decision by the Secretary not to remove an alcohol interlock condition under section 50AAAB of the Act); or

(c) a decision by the Secretary to vary, suspend or cancel a person's driver licence or learner permit under section 24 of the Act.

95 Time for appeal

Reg. 95(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 77(a)).

(1) An appeal to the Magistrates' Court under section 26 of the Act against a decision of the Secretary must be made within 28 days
after—

(a) the date of the notice of the relevant decision, if the decision was not reviewed under Division 2; or

(b) the date of the notice of the relevant decision under Division 2, if the decision was reviewed under that Division.

Reg. 95(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 77).

(2) If the Secretary fails to give an affected person notice of the Secretary's decision as required by regulation 93(6), the person may appeal to the Magistrates' Court within 28 days after the end of the period referred to in that subregulation.

(3) An appeal to the Magistrates' Court under section 26A of the Act against the decision of a police officer must be made within 28 days after the police officer has taken the action under that section.

(4) An appeal to the Magistrates' Court under section 46H of the Act must be made within 28 days after the date on which the disqualification or suspension commences.

96 Appellant must give notice of appeal

(1) A person who appeals to the Magistrates' Court under section 26 or 46H of the Act must—

(a) give written notice of the appeal to a registrar of the Magistrates' Court, asking the registrar to endorse a copy of the notice with the date on which the appeal is to be heard; and

Reg. 96(1)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 78).

(b) serve on the Secretary the endorsed copy of the notice, at least 14 days before the hearing date.

(2) A person who appeals to the Magistrates' Court under section 26A of the Act must—

(a) give written notice of the appeal to a registrar of the Magistrates' Court, asking the registrar to endorse a copy of the notice with the date on which the appeal is to be heard; and

(b) serve on Victoria Police the endorsed copy of the notice at least 14 days before the hearing date.

Reg. 97 (Heading) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 79).

97 Particulars of order to be given to the Secretary or Victoria Police

Reg. 97(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 80).

(1) The Magistrates' Court must cause particulars of an order made on an appeal under section 26 or 46H of the Act to be given immediately to the Secretary.

(2) The Magistrates' Court must cause particulars of an order made on an appeal under section 26A of the Act to be given immediately to Victoria Police.

98 Appeals about demerit points

Reg. 98(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 81).

(1) For the purposes of section 46H(3) of the Act, notice of appeal is given when written notice of the appeal, endorsed by a registrar of the Magistrates' Court, is served on the Secretary in accordance with regulation 96.

(2) For the purposes of section 46I(3)(b) of the Act, a notice in writing of the discontinuance of an appeal must, at least 4 days before the hearing day, be—

(a) lodged with a registrar of the Magistrates' Court; and

Reg. 98(2)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 81).

(b) served on the Secretary.

99 Application for stay of demerit point suspension or disqualification

A person who applies to the Magistrates' Court under section 46I of the Act must—

(a) give written notice of the application to a registrar of the Magistrates' Court, asking the registrar to endorse a copy of the application with the date on which the application is to be heard; and

Reg. 99(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 82).

(b) serve on the Secretary the endorsed copy of the notice, at least 14 days before the hearing date.

Reg. 100 (Heading) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 83).

100 Particulars of order for a stay to be given to the Secretary

Reg. 100 amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 84).

The Magistrates' Court must cause particulars of an order made on an application under section 46I of the Act to be given immediately to the Secretary.

Part 6—Exemptions