Version incorporating amendments as at
25 June 2024
1 Objectives
The main objectives of these Regulations are—
(a) to provide for the application for and issue of driving instructor authorities; and
(b) to set out conditions that must be followed by holders of driving instructor authorities; and
(c) to set out the circumstances in which driving instructors must produce driving instructor authorities and identity photographs.
2 Authorising provision
These Regulations are made under section 95 of the Road Safety Act 1986.
3 Commencement
These Regulations come into operation on 15 February 2020.
4 Revocation
The following Regulations are revoked—
(a) the Road Safety (Driving Instructors) Regulations 2010[1];
(b) the Road Safety (Driving Instructors) Amendment Regulations 2018[2].
5 Definitions
In these Regulations—
assessment notice has the same meaning as it has in section 3(1) of the Working with Children Act 2005;
Reg. 5 def. of authorised person amended by S.R. No. 60/2024 reg. 4.
authorised person means a person authorised by Safe Transport Victoria under regulation 16;
authority means a driving instructor authority granted under section 33(1) of the Act;
identity photograph means an identity photograph issued under regulation 8 to the holder of an authority;
the Act means the Road Safety Act 1986.
6 Application for driving instructor authority
For the purposes of section 33(2)(c) of the Act, the following procedures and requirements are prescribed—
Reg. 6(a) amended by S.R. No. 60/2024 reg. 5(a).
(a) the applicant must provide Safe Transport Victoria with a completed application form;
Reg. 6(b) amended by S.R. No. 60/2024 reg. 5(a).
(b) the applicant must provide Safe Transport Victoria with a certificate from a registered medical practitioner stating that the applicant is not suffering from a condition that would prevent the applicant from working as a driving instructor;
(c) the applicant must—
Reg. 6(c)(i) amended by S.R. No. 60/2024 reg. 5(a).
(i) provide Safe Transport Victoria with 2 recent passport-size colour photographs of the applicant showing a full front view of the applicant's head and shoulders on a white background; or
Reg. 6(c)(ii) amended by S.R. No. 60/2024 reg. 5(b).
(ii) if required by Safe Transport Victoria, attend at a place specified by Safe Transport Victoria to be photographed or to have a digitised image made showing a full front view of the applicant's head and shoulders;
(d) the applicant must pay a fee of 36 fee units.
Reg. 7 (Heading) amended by S.R. No. 60/2024 reg. 6(1).
Reg. 7 amended by S.R. No. 60/2024 reg. 6(2).
7 Safe Transport Victoria may grant partial refund of fee
If Safe Transport Victoria grants the applicant an authority for a term of less than 3 years, Safe Transport Victoria may refund to the applicant an amount equal to the difference between 36 fee units and the amount for the term of the authority, calculated on the basis of 12 fee units for every year of the term of that authority.
Reg. 8 (Heading) amended by S.R. No. 60/2024 reg. 7(1).
8 Safe Transport Victoria must issue holder's identity photograph
Reg. 8(1) amended by S.R. No. 60/2024 reg. 7(2).
(1) If an authority is granted under section 33(1) of the Act, Safe Transport Victoria must issue an identity photograph to the holder of the authority.
(2) An identity photograph issued under subregulation (1) must include—
(a) a photograph provided by the applicant under regulation 6(c)(i), or a photograph or a digitised image made in accordance with regulation 6(c)(ii); and
(b) a number to identify the authority; and
(c) the date on which the authority expires.
9 Prescribed format and location for display of identity photograph
For the purposes of section 33B of the Act—
(a) the prescribed format is the format of the identity photograph issued under regulation 8; and
(b) the prescribed location is a location where the identity photograph is clearly visible to persons seated in the driver seat and the front passenger seat.
Reg. 10 amended by S.R. No. 60/2024 reg. 8.
10 Return of authority and identity photograph upon cancellation
The holder of an authority whose authority is cancelled, suspended or otherwise ceases to have effect must return the authority and identity photograph to Safe Transport Victoria within 7 days after the authority is cancelled, suspended or ceases to have effect.
Penalty: 5 penalty units.
Reg. 11 amended by S.R. No. 60/2024 reg. 9.
11 Replacement of authority or identity photograph
On the request of the holder of an authority, Safe Transport Victoria may grant a duplicate authority or duplicate identity photograph if satisfied that the authority or identity photograph is—
(a) illegible, altered or defaced; or
(b) lost, stolen or destroyed.
12 Conditions on authority
Reg. 12(1) amended by S.R. No. 60/2024 reg. 10(1).
(1) Safe Transport Victoria may impose on an authority any appropriate conditions—
(a) when granting or renewing the authority; or
(b) during the period that the authority is in force.
Reg. 12(2) amended by S.R. No. 60/2024 reg. 10(2).
(2) On the initiative of Safe Transport Victoria or on the written application of the holder of an authority, Safe Transport Victoria may—
Reg. 12(2)(a) amended by S.R. No. 60/2024 reg. 10(2).
(a) vary or revoke a condition imposed by Safe Transport Victoria on the authority; or
(b) impose a new condition on the authority.
Reg. 12(3) amended by S.R. No. 60/2024 reg. 10(3).
(3) Safe Transport Victoria must give the person to whom an authority is granted, or whose authority is renewed, a written copy of any conditions Safe Transport Victoria imposes on that authority.
13 Production of authority when teaching
It is a condition of an authority that, when teaching a person to drive pursuant to the authority, the holder must produce the holder's authority and identity photograph for inspection if requested to do so by—
(a) a police officer; or
(b) an authorised person.
14 Holder of authority to keep records
(1) It is a condition of an authority that the holder must keep a record of the information specified in subregulation (2) for a period of 2 years from the date the record was first created.
(2) For the purpose of subregulation (1), the specified information is the following for each person whom the holder of an authority teaches to drive pursuant to that authority—
(a) the full name of the person;
(b) the number and expiry date of the learner permit held by the person;
(c) the date and starting time of every lesson provided to the person.
15 Production of records on request
(1) It is a condition of an authority that the holder must produce the following items or records if requested to do so by an authorised person—
(a) a record of the information specified under regulation 14(2);
(b) the holder's driver licence;
(c) the holder's authority;
(d) the holder's identity photograph;
(e) if the holder has one, the holder's assessment notice.
(2) On producing the items or records referred to in subregulation (1), the holder of an authority must allow the authorised person to make copies of those items or records.
Reg. 16 (Heading) amended by S.R. No. 60/2024 reg. 11(1).
16 Safe Transport Victoria may authorise persons
Reg. 16(1) amended by S.R. No. 60/2024 reg. 11(2).
(1) Safe Transport Victoria, if satisfied that a person is suitably qualified to be an authorised person, may authorise that person—
(a) to be an authorised person for the purpose of regulation 13(b);
(b) to be an authorised person for the purpose of regulation 15;
(c) to be an authorised person for the purposes of both regulations 13(b) and 15.
(2) An authorisation under subregulation (1) must be in writing.
17 Evidence of authorisation
Before requesting the holder of an authority to produce documents for the purpose of regulation 13(b) or 15, an authorised person must show to the holder evidence of that person's position as an authorised person.
18 Change of medical condition or information
Reg. 18(1) amended by S.R. No. 60/2024 reg. 12(a).
(1) It is a condition of an authority that, if the holder is affected by a medical condition that may impair the holder's ability to continue working as a driving instructor, the holder must notify Safe Transport Victoria as soon as practicable after becoming aware of the medical condition.
Reg. 18(2) amended by S.R. No. 60/2024 reg. 12(b).
(2) It is a condition of an authority that the holder must notify Safe Transport Victoria of any change in the information provided by the holder to Safe Transport Victoria as soon as practicable after becoming aware of that change.
Reg. 19 amended by S.R. No. 60/2024 reg. 13.
19 Working with children assessment notice
It is a condition of an authority that, if the holder has an assessment notice, the holder must notify Safe Transport Victoria within 5 business days of becoming aware that the assessment notice is no longer current.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Road Safety (Driving Instructors) Regulations 2020, S.R. No. 7/2020 were made on 11 February 2020 by the Governor in Council under section 95 of the Road Safety Act 1986, No. 127/1986 and came into operation on 15 February 2020: regulation 3.
The Road Safety (Driving Instructors) Regulations 2020 will sunset 10 years after the day of making on 11 February 2030 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Road Safety (Driving Instructors) Regulations 2020 by statutory rules, subordinate instruments and Acts.
Reg. 4(a): S.R. No. 9/2010 as amended by S.R. No. 17/2018. ↑
Reg. 4(b): S.R. No. 17/2018.
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Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2023 is $15.90 and for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31 and for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑