101Exemption from requirement

101 Exemption from requirement

Reg. 101(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 85(a)).

(1) On application from a person in the approved form, the Secretary may exempt a person from—

(a) a requirement under Division 2 of Part 2;
or

(b) the operation of regulation 58(1); or

(c) the operation of regulation 59(1)(a); or

(d) the operation of regulation 61(1).

(2) The application must be accompanied by the relevant fee specified in Schedule 6.

Reg. 101(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 85(b)).

(3) The Secretary may grant an exemption under subregulation (1)—

(a) on the basis of the applicant's driving experience and the circumstances in which it was obtained; or

(b) if the nature of the applicant's essential activities, occupation, employment or family circumstances is such that compliance with a requirement under Division 2 of Part 2 or regulation 58(1), 59(1)(a) or 61(1) would impose undue hardship on the applicant or the applicant's family.

Reg. 101(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 85(a)).

(4) In deciding whether or not to grant an exemption under subregulation (1), the Secretary must have regard to the likely effect of the decision on safe, efficient and equitable road use in Victoria.

Reg. 102 amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 86).