Section 85R — Supervising driver offences — Road Safety Act 1986 (Victoria) — Barrister AI

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Section 85R — Supervising driver offences — Road Safety Act 1986 (Victoria) — Barrister AI

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The text here is as at 7 Jun 2026. Checked against the Victorian Legislation on 23 Oct 2026: a newer compilation, as at 15 Apr 2026, has been registered and is not yet held here.Read the current compilation on the official source →

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s 1Purposes s 2Commencement s 3Definitions s 3AAADefinition of driver base s 3AACircumstances in which person is to be taken to be in charge of a motor vehicle s 3ABCircumstances in which person is to be taken to be driving a motor vehicle s 3ACCircumstances in which person is taken to be driving a trailer s 3ADCircumstances in which person is to be taken to be disqualified from obtaining a driver licence or learner permit s 3AECircumstances in which person is to be taken to be disqualified from driving a motor vehicle on a road in Victoria s 3AFMeaning of display in relation to digital licence or permit s 3BTransport Integration Act 2010 s 3CFilming Approval Act 2014 s 4Act to bind Crown s 5AAFunctions of Secretary s 5ABPowers of Secretary s 5ACSale of registration number rights s 5ACAPeriodical charge for registration number rights s 5ACBReservation of registration number rights s 5ADWhat are registration number rights?s 5AENon-standard number plates and replacement non‐standard number plates s 5AEAPeriodical charge for use of non‐standard number plates or replacement non‐standard number plates s 5Purposes of registration s 6Application of Part s 6ASecretary not to register vehicles based outside Victoria s 7Offence if vehicle or trailer not registered s 9Effecting registration, renewal or transfer s 9AASuspension of motor vehicle or trailer registration s 9ABCessation of suspension s 9ACDirection not to grant or renew registration s 9ADRenewal of registration s 9AENon-transfer of registration s 9AFTransfer of registration s 9AGCancellation of registration—deregistered body corporate s 9AObligations of registered operator s 9BRegister does not provide evidence of title s 10Power to require compliance with standards s 12Appeal to Magistrates' Court s 13Power to inspect motor vehicles and trailers s 14Defective vehicles s 15ASuspension or cancellation of vehicle tester authorisations[3]s 16Seizure of number plates s 16AADefinitions s 16ABAdvertising breach notice s 16ACRegistration cancellation notice s 16ADWithdrawal of advertising breach notice s 16AECancellation of registration s 16AFNo transfer of registration s 16AGNo refund of registration fees s 16AHApplying for registration after cancellation s 16APurposes of Division s 16BDefinitions s 16BAStatutory write-offs s 16CWhen is a vehicle written off?s 16DRegister of written-off vehicles s 16EAppeals regarding written-off vehicle registration s 16FProhibition on registration of vehicles that have written-off vehicle identifiers s 16GSecretary may maintain records of persons driving non‐automated motor vehicles s 1See section 33L for the maintenance of records in relation to persons driving, or in charge of, automated vehicles.s 17Purposes of licensing s 17AObligations of road users s 18Offence if driver not licensed s 18AADriving in breach of licence condition s 18ABRestrictions affecting learner drivers s 18AIssue of driver licence or learner permit to holder of licence or permit issued outside Victoria s 18BSecretary may retain and check validity of physical licence or permit documents s 18BASecretary may copy and check validity of digital licence or permit document s 18CSecretary may confiscate and destroy physical licence or permit document believed to be false, etc.s 19Driver licences s 19ADirection not to grant or renew licence s 19BRenewal of licence or permit s 20Variation of driver licences s 21Probationary driver licences s 21AFee for driver licence s 22Learner permits s 23Driver licence document and learner permit document to remain property of State of Victoria s 23AASecretary may approve software application for digital driver licence documents and digital learner permit documents s 23AABUse of digital driver licence document or digital learner permit document after expiry, suspension, cancellation or surrender of licence or permit s 23ASecretary must not grant driver licence or learner permit to disqualified driver s 23BAlcohol interlock to be installed prior to grant of driver licence or learner permit subject to alcohol interlock condition s 24Cancellation, suspension or variation of licences and permits by Secretary s 25Cancellation and disqualification—corresponding interstate drink-driving offence s 2If the person has committed other offences, the person may be required to obtain a licence eligibility order before a driver licence or learner permit is granted. See section 31A.s 25AReduction in period for which a person is ineligible to be granted a driver licence or learner permit s 26Appeal to Magistrates' Court s 26AAppeal to Magistrates' Court against police decision s 27Power of Secretary to require tests to be undergone s 28Power of court to cancel, suspend or vary licences and permits s 28AEffect of suspension of licence or permit s 28BDisqualified person must not apply for licence or permit s 29Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court s 30Offence to drive while disqualified etc.s 30AAOffence to drive while licence suspended under Fines Reform Act 2014 s 30ACourt may extend suspension or disqualification period even if offence not committed s 31Cancellation of registration by court s 31ACertain disqualified persons require licence eligibility order before applying for licence or permit s 31BApplication for licence eligibility order s 31EPersons required to provide certificate of completion of first-stage behaviour change program s 31HProcedure on hearing of application for licence eligibility order s 31IEffect of licence eligibility order s 31JCourt must notify the Secretary of the making of a licence eligibility order s 31KApplication of Evidence Act 2008 s 31KAAdministrative scheme for imposing alcohol interlock condition s 31KBAdministrative scheme for imposing alcohol interlock condition—interstate drink-driving offence s 31KCAdministrative alcohol interlock conditions to operate concurrently with other alcohol interlock conditions s 31LSupervising driver offences s 32Offence to employ unlicensed driver s 32AOffence to allow, permit or cause unlicensed driver to drive motor vehicle s 33Driving instructor authorities s 33AOffence to teach driving without driving instructor authority or in breach of condition of authority s 33BRequirement to display photograph s 33CApplication for ADS permit s 33DDetermination of application s 33EADS permit s 33FWhat an ADS permit authorises s 33GConditions of ADS permit s 33HCancellation, suspension or variation of ADS permit s 33IOffences related to driving, or being in charge of, automated vehicle for which an ADS permit is not in force s 33JOffence to drive, or be in charge of, automated vehicle operating in breach of ADS permit condition s 33KPower of Secretary to conduct tests or assessments s 33LSecretary may maintain records of persons driving, or in charge of, automated vehicles s 33MMinister may issue guidelines s 33NPower to exempt from, or vary the operation of, this Act, the regulations or rules s 34Interpretation s 35Demerits Register s 36Demerit point option notice s 37Further demerit point option notice s 38Extended demerit point period s 39Person elects to extend demerit point period and incurs no additional demerit points s 40Person elects to extend demerit point period and incurs additional demerit points or has driver licence or learner permit cancelled or suspended for a driving offence s 41Person fails to elect to extend demerit point period s 41APersons whose driver licence or learner permit is suspended or cancelled s 42Suspension of driver licence or learner permit under this Division s 43Cancellation of suspension if service ineffective s 44Suspension of driver licence or learner permit cancelled or suspended other than under this Division s 45Cancellation of demerit point option notice s 46Effect of cancellation of demerit points on suspension under section 40 s 46AAEffect of cancellation of demerit points on suspensions under sections 41 and 41A s 46ADriving disqualification notice s 46BPeriod of disqualification s 46CCancellation of disqualification if service ineffective s 46DEffect of cancellation of notified demerit points s 46EService of notices s 46EAADS permit holders s 46FCancelled demerit points to be disregarded s 46GAdmissibility of demerit points s 46HAppeal to Magistrates' Court s 2In certain circumstances the Secretary is required to record demerit points against the responsible person in relation to the motor vehicle—see section 84BC(4).s 46IStay of suspension or disqualification s 47Purposes of this Part s 47ADefinition s 48Interpretative provisions s 49Offences involving alcohol or other drugs s 49BOffence to consume intoxicating liquor while driving s 49COffence to consume intoxicating liquor while supervising certain drivers s 50Provisions about cancellation and disqualification s 50AAADirection to impose alcohol interlock condition s 50AAABAdministrative scheme for removal of alcohol interlock condition s 50AAACApplication to Magistrates' Court for direction s 50AAADExemption from, or removal of, alcohol interlock condition on medical grounds s 50AAAEApplication to avoid imposition of alcohol interlock condition s 50AAAFApplication to Magistrates' Court for review of decision under section 50AAAE s 50AACAppeals against alcohol interlock condition direction or period specified in direction s 50AACBCourt must notify the Secretary of certain matters s 50AADOffences and immobilisation orders s 50AAEApproval of types of alcohol interlocks and alcohol interlock suppliers s 50AAEARefusal of approved alcohol interlock supplier to supply s 50AAEBChange of terms and conditions s 50AAECTransfer of approval of alcohol interlock supplier s 50AAEDTransition of certain matters on transfer of approval s 50AAFConditions on approvals s 50AAGGuidelines s 50AAHCancellation or variation of approval of types of alcohol interlocks s 50AAICancellation or suspension of approval of alcohol interlock supplier s 50AAIAPower of immediate suspension s 50AAIBInquiry s 50AAICEffect of suspension s 50AAJReview by Tribunal s 50AAKOffence for person to assist with contravention of alcohol interlock condition s 50AAKACost recovery fees s 50AAPrevious convictions[7]s 52Zero blood or breath alcohol s 53Preliminary breath tests s 54Preliminary testing stations s 55Breath analysis s 55ADrug assessment s 55BBlood and urine samples—persons assessed to be impaired by drugs s 55BABlood samples—accidents resulting in death or serious injury s 55CDestruction of identifying information s 55DPreliminary oral fluid tests s 55EOral fluid testing and analysis s 56Blood samples to be taken in certain cases s 57Evidentiary provisions—blood tests s 57AEvidentiary provisions—urine tests s 57BEvidentiary provisions—oral fluid tests s 58Evidentiary provisions—breath tests s 58AAvoidance of certain provisions in contracts of insurance s 58BProhibited analysis s 58BAReview of amendments made by Division 6 of Part 2 of the Roads and Road Safety Legislation Amendment Act 2024 s 58CRequirement to complete first-stage behaviour change program s 58DRequirement to complete second-stage behaviour change program s 58ESecretary to notify person of behaviour change program s 58FBehaviour change program for interstate offences s 58GRequirement to complete behaviour change program does not affect any penalty s 58HEvidence of completion of behaviour change program invalid, false or issued in error s 58ISecretary may approve behaviour change program s 58JSecretary may approve provider of behaviour change program s 58KConditions etc. on approval of providers s 58KATransfer of approval of provider s 58KBTransition of certain matters on transfer of approval s 58LCancellation or suspension of approval of provider s 58MReview by Tribunal s 58NPayment of fee s 58OApproved provider to give information and fees to the Secretary s 58PSecretary may determine fees s 58QReferral to medical or other therapeutic services s 58RCertificate of completion s 59General duty of driver or person in charge of motor vehicle s 60Duty of owner of motor vehicle to give information about driver s 60ADuty of owner of trailer to give information s 61Duty of driver etc. of motor vehicle if accident occurs s 61ADuty of driver etc. of vehicle that is not a motor vehicle if accident occurs s 62Power to prevent driving by incapable persons s 63Power to enter motor vehicles s 63ARemoval of vehicles obstructing driveways etc.s 63BUse of vehicle immobilising devices s 64Dangerous driving s 64ADriving a motor vehicle when directed to stop s 65Careless driving s 65AImproper use of motor vehicle s 3Winton Motor Raceway.s 65BProhibition on drivers of heavy vehicles exceeding speed limit by 35km/h or more s 65BADriving of heavy vehicle in a no-truck zone s 65BBExtended liability for driving of heavy vehicle in a no-truck zone s 65BCProsecution s 65BDExclusion of double jeopardy s 65BEDeclaration of area of land to be no-truck zone s 65CRiding a miniaturised motor cycle on a road or road related area s 66Certain prescribed offences to be operator onus offences s 66ANo‐truck zone offence an operator onus offence s 67Extension of time if no actual notice for certain traffic infringements s 68Speed trials s 68AUnauthorised use of freeway s 68BDeliberately or recklessly entering a level crossing when a train or tram is approaching etc.s 69Offence to procure use of motor vehicle by fraud s 70Tampering or interfering with motor vehicle without just cause or excuse s 71Obtaining licence etc. by false statements s 72Forgery etc. of documents and identification marks s 73Offence to alter, deface or place number on engine of motor vehicle s 73AOffence to obstruct etc. person operating road safety camera or speed detector s 74Offence to sell, use or possess anti-speed measuring devices s 74AOffence to sell certain breath analysing instruments s 76Arrest without warrant s 77Power to prosecute s 77AExtension of time limit for certain prosecutions s 78Average speed evidence of actual speed in certain circumstances s 78AEvidence of road distance s 79Evidence of speed s 79AEvidence of engine management system data s 80Certain matters indicated by prescribed road safety cameras are evidence s 80ACertain matters indicated by prescribed road safety cameras are evidence s 80BCertain matters related to portable devices indicated by prescribed road safety cameras are evidence s 80CCertain matters related to wearing of driver seatbelt indicated by prescribed road safety cameras are evidence s 80DCertain matters related to wearing of passenger seatbelt indicated by prescribed road safety cameras are evidence s 80ECertain matters indicated by prescribed no‐truck zone cameras are evidence s 81Certain matters indicated by prescribed road safety cameras or prescribed processes are evidence s 82Evidence of mass s 83Evidence of testing and sealing s 83AEvidence relating to prescribed road safety cameras s 83BEvidence relating to prescribed no‐truck zone camera s 84General evidentiary provisions s 84AUnofficial breath analysing instruments s 84ABRaising of matters relating to exemptions under Road Rules in camera detected seatbelt offence proceedings s 84ACRaising of matters relating to exceptions in camera detected no‐truck zone offences s 84BSurveillance Devices Act 1999 s 84BAADouble jeopardy s 84BAPurpose of this Part s 84BBDefinitions s 84BCOperator onus offences s 84BDEffect of payment of penalty, etc.s 84BEUse of effective statement to avoid liability s 2It is an offence to provide false or misleading information in a statement: see section 84BI.s 84BEAFailure to give effective statement s 84BEBDate of failure to give effective statement and time for commencement of proceeding s 84BFCancellation of acceptance of statement s 84BGProceedings against nominated persons s 84BHDefences to operator onus offences s 84BIOffence to provide false or misleading information s 84BIACancellation of licence and disqualification s 84BJDefinitions s 84BKPart does not affect other penalty s 84BLCourt order for completion of approved safe driving program s 84BMSecretary to notify person of program and period for completion s 84BNFailure to complete approved safe driving program s 84BOSecretary may approve safe driving programs s 84BPSecretary may approve providers of safe driving programs s 84BQConditions etc. on approval of providers s 84BQATransfer of approval of provider s 84BQBTransition of certain matters on transfer of approval s 84BRCancellation or suspension of approval of provider s 84BSReview by Tribunal s 84BTPayment of fee s 84BUApproved provider to send fees to Secretary s 84BVSecretary may determine fee s 84CDefinitions s 84DThis Part does not affect other penalties s 84FPowers of Victoria Police s 84GSeizure of motor vehicle s 84GASearch for motor vehicle s 84GBDirection to provide location of motor vehicle s 84HSurrender of motor vehicle s 84IImpoundment or immobilisation of a motor vehicle s 84JPowers of persons authorised by Victoria Police s 84KNotice of impoundment or immobilisation s 84LContent of notice s 84MReview by a senior police officer s 84NRelease of motor vehicle by Victoria Police s 84OAppeal rights s 84POffences s 84PAAuthorisation to move motor vehicle s 84PBRelocation of immobilised motor vehicle by Victoria Police s 84QRecovery of motor vehicle s 84QAHow motor vehicle immobilised by steering wheel lock may be recovered s 84RCrown to pay costs if driver found not guilty or charges not proceeded with s 84SImpoundment or immobilisation order s 1Section 84Z allows a court to decline to make an impoundment or immobilisation order in certain circumstances.s 84TForfeiture order s 1Section 84Z allows a court to decline to make an impoundment or immobilisation order or a forfeiture order in certain circumstances.s 84TAApplication to register financing statement after impoundment or immobilisation order or forfeiture order s 84UApplication for an impoundment or immobilisation order or a forfeiture order s 84VSubstitution of motor vehicle s 84WNotice of application s 84WAApplication to register financing statement after serving notice of application s 84XInterest in motor vehicle not to be transferred s 84YNotice where 2 or more offences charged s 84YADirection not to transfer registration or register motor vehicle s 84YBSecretary not to transfer registration or register motor vehicle s 84YCCessation of direction under this Act does not affect any suspension s 84ZHearing of application s 84ZAApplication for variation of order s 84ZABInterest in motor vehicle not to be transferred s 84ZACBreach of undertaking s 84ZBWhen order takes effect s 84ZCPowers of police and authorised officers to enforce orders s 84ZDLiability for costs of impoundment or immobilisation s 84ZERights of owners s 84ZFThird party protection from forfeiture order s 84ZGApplication for search and seizure warrant s 84ZHSearch and seizure warrant s 84ZIRecord of proceedings for search and seizure warrant s 84ZJAnnouncement before entry s 84ZKCopy of search and seizure warrant to be given to occupier s 84ZLUse of assistants to execute search and seizure warrant s 84ZMApplication of Magistrates' Court Act 1989 s 84ZNExpiry of search and seizure warrant s 84ZOReport on execution of search and seizure warrant s 84ZPObstruction or hindrance of person executing search and seizure warrant s 84ZQSale or disposal of uncollected motor vehicles and items s 84ZQANotice to be given of intention to sell or dispose s 84ZQABSale or disposal of motor vehicles and items deemed to be abandoned s 84ZQACNotice to be given of intention to deem motor vehicle abandoned s 84ZQADApplication for order that motor vehicle is not abandoned s 84ZQBApplication to register financing statement after giving notice of intention to sell etc.s 84ZQCApplication to register financing statement if motor vehicle vests in Crown s 84ZQDApplication of proceeds of sale s 84ZRSale or disposal of motor vehicle subject to forfeiture order s 84ZRANotice to be given of intention to sell or dispose s 84ZRBApplication to register financing statement after giving notice of intention to sell motor vehicle subject to forfeiture order s 84ZSApplication of proceeds of sale s 84ZTDisposal of motor vehicle, item or thing subject to disposal order s 84ZUNotice to be given of intention to apply for disposal order s 84ZUAApplication to register financing statement after giving notice of application for disposal order s 84ZVApplication for disposal order s 84ZWHearing of application for and making of disposal order s 84ZWAApplication to register financing statement after making of disposal order s 84ZXApplication of proceeds of sale s 84ZYPower to inspect motor vehicles s 85Immediate licence or permit suspension for charges for certain drug or alcohol related offences s 85AImmediate licence or permit suspension for charges for other drug or alcohol related offences s 85BImmediate licence or permit suspension where certain certificates of breath or blood alcohol concentration issued s 85CPeriod of suspension s 85DEffect of issue of traffic infringement notice s 85EEffect of charging a person who has licence or permit suspended under section 85B s 85FImmediate licence or permit suspension for certain speeding offences s 85GImmediate licence or permit suspension where certain traffic infringement notices issued s 85HPeriod of suspension s 85IAADefinition s 85IImmediate licence or permit suspension for certain offences resulting in injury or death s 85IAImmediate licence or permit suspension for certain other offences s 85JPeriod of suspension s 85KWhen does suspension commence?s 85LContent and copies of notice s 85MWhen is a person charged with an offence?s 85NSurrender of licence or permit document s 85OEffect of suspension under this Part s 85PEffect of later cancellation or suspension of licence or permit s 85QCancellation of suspension s 85RSupervising driver offences s 85SAppeal to the Magistrates' Court s 85TOrders Magistrates' Court may make in the proceeding s 85UCross-examination as to offence with which person is charged s 85VProhibition on use of information or documents in subsequent proceedings s 85WOrders courts may make during other processes s 85XDefinitions s 85YImmediate disqualification for charges for certain drug or alcohol related offences s 85ZImmediate disqualification for charges for other drug or alcohol related offences s 85ZAImmediate disqualification where certain certificates of breath or blood alcohol concentration issued s 85ZBPeriod of disqualification s 85ZCEffect of issue of traffic infringement notice s 85ZDEffect of charging a person who has been disqualified under section 85ZA s 85ZEImmediate disqualification for certain speeding offences s 85ZFImmediate disqualification where certain traffic infringement notices issued s 85ZGPeriod of disqualification s 85ZHImmediate disqualification for certain offences resulting in injury or death s 85ZHAImmediate disqualification for certain other offences s 85ZIPeriod of disqualification s 85ZJWhen does disqualification commence?s 85ZKContent and copies of notice s 85ZLWhen is a non-Victorian licence or permit holder or unlicensed driver charged with an offence?s 85ZMEffect of disqualification under this Part s 85ZNEffect of later disqualification by a court s 85ZOCancellation of disqualification s 85ZPSupervising driver offences s 85ZQAppeal to the Magistrates' Court s 85ZROrders Magistrates' Court may make in the proceeding s 85ZSCross-examination as to offence with which person is charged s 85ZTProhibition on use of information or documents in subsequent proceedings s 85ZUOrders courts may make during other processes s 86Parking infringements to be operator onus offences s 87Service of parking infringement notices s 88Traffic infringements s 89Effect of payment of penalty s 89AEffect of drink-driving infringements, drug-driving infringements and excessive speed infringements s 89BExtension of time to object if no actual notice s 89BAExtension of time to lodge statement under section 84BE s 89CCancellation of licence or permit for drink-driving infringements s 89DSuspension of licence or permit for excessive speed infringement or drug-driving infringement s 89EApplication of the Fines Reform Act 2014 to certain offences s 89FApplication and modification of Schedule 3 to the Children, Youth and Families Act 2005 s 90Proof of prior convictions s 90ADefinitions s 90BAbolition of distress damage feasant in relation to motor vehicles s 90CDetention or immobilisation of motor vehicles s 90DAgreements s 90EParking in council controlled areas s 90FRemoval of vehicles from council controlled areas s 90GEntry to council controlled areas s 90HWheel clamping agreements s 90IInterpretation s 90JInformation to which this Part applies s 90KAuthorised use or disclosure s 90LExceptional circumstances s 90MVerification of information s 90NInformation protection agreements s 90ODisclosure not mandatory s 90PFreedom of Information Act 1982 s 90QOffences s 90RDiscovery for purpose of recovery of private car park fees s 93Service of notices s 93AGuidelines for industry codes of practice s 93BRegistration of industry codes of practice s 94Approvals by Chief Commissioner or Secretary s 94ASupreme Court—limitation of jurisdiction s 94BSupreme Court—limitation of jurisdiction s 95Regulations s 95DRules s 95EGazette notices may incorporate document etc.s 96Disallowance of instruments s 96AApplication orders and emergency orders s 96BMinister may issue guidelines about testing of persons under section 27 s 97Application of fees s 97AAdministrative fees s 98Minister may extend application of Act s 99Warning signs and other installations s 99AConduct of works or activities on a highway s 99BNon-road activities on highways s 99CMinister may designate road safety research trial s 99DReporting incidence of camera detected no-truck zone offences s 100Inconsistent regulations or by-laws s 103Transitional provisions s 103ATransitional provisions—Road Safety (Further Amendment) Act 2001 s 103BApplication of amendment made by the Road Safety (Alcohol Interlocks) Act 2002 s 103CApplication of amendments made by the Road Safety (Responsible Driving) Act 2002 s 103DApplication of amendments made by the Road Safety (Amendment) Act 2003 s 103EValidation of sale of registration number rights and collection of certain amounts s 103FRegulations may take effect on commencement s 103GTransitional provision—Transport Legislation (Miscellaneous Amendments) Act 2004 s 103HTransitional provision—sections 27 and 33 of the Transport Legislation (Amendment) Act 2004 s 103IApplication of amendments made by section 41 of the Transport Legislation (Amendment) Act 2004 s 103JTransitional provisions—Road Safety (Further Amendment) Act 2005 s 103KTransitional provision—Road Safety (Drugs) Act 2006 s 103LTransitional provisions—Road Legislation (Projects and Road Safety) Act 2006 s 103MTransitional provisions—Road Legislation Amendment Act 2007 s 103NTransitional provisions for operator onus—Road Legislation Further Amendment Act 2007 s 103OTransitional provisions for Demerits Register—Road Legislation Further Amendment Act 2007 s 103PTransitional provisions for level crossings—Road Legislation Further Amendment Act 2007 s 103QTransitional provisions for fatigue regulated heavy vehicles—Road Legislation Further Amendment Act 2007 s 103UDefinition s 103VTransitional provision 2009 Act—Section 79 evidence s 103WTransitional provision 2009 Act—Section 80A evidence s 103XTransitional provision 2009 Act—Section 81 evidence s 103YTransitional provision 2009 Act—Section 83 certificates s 103ZTransitional provision 2009 Act—Section 83A certificates s 103ZATransitional provision—Justice Legislation Amendment Act 2010 s 103ZBTransitional provision—Health and Human Services Legislation Amendment Act 2010 s 103ZCTransitional provision—Road Safety Amendment (Hoon Driving) Act 2010 s 103ZDTransitional provision—Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 s 103ZETransitional provision—Road Safety Amendment Act 2012 s 103ZFTransitional provision—Road Safety and Sentencing Acts Amendment Act 2012 s 103ZGTransitional provisions—Road Safety and Sentencing Acts Amendment Act 2013 s 103ZHTransitional provision Heavy Vehicle National Law Application Act 2013 s 103ZHATransitional provisions—Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013 s 103ZHBTransitional provision—Road Legislation Amendment Act 2013 s 103ZITransitional provisions—Road Safety Amendment Act 2014 s 103ZJTransitional provision—Road Legislation Further Amendment Act 2016 s 103ZKTransitional provisions—Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017 s 103ZLTransitional provision—Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 s 103ZLATransitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019 s 103ZLBTransitional provision—Transport Legislation Miscellaneous Amendments Act 2021 s 103ZMTransitional provisions—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019 s 103ZNTransitional provision—Transport Legislation Amendment Act 2020 s 103ZNATransitional provision—Road Safety and Other Legislation Amendment Act 2020 s 103ZOTransitional provision—Transport Legislation Amendment Act 2023—exemption from, or removal of, alcohol interlock condition s 103ZPTransitional provision—Transport Legislation Amendment Act 2023—zero blood or breath alcohol s 103ZQTransitional provision—Roads and Road Safety Legislation Amendment Act 2024 s 104Validation of certain resolutions fixing higher penalties for parking infringements s 105Certain local laws to have force and effect despite inconsistency with regulations s 105AValidation concerning certain alcohol interlock conditions s 105BDefinition s 105CApplication of Interpretation of Legislation Act 1984 s 105DOfficers of the Corporation who are authorised officers continue as authorised officers s 105EOfficers of the Corporation authorised as prosecution officers continue as prosecution officers s 105FSecretary may appoint Corporation officers as authorised officers and persons who may commence and conduct proceedings s 106Definitions s 106AApplication of Commonwealth Acts Interpretation Act 1901 s 107Residential purposes s 109Copying of documents s 110Compliance purposes s 111Other reference provisions s 112Authorisation of authorised officers s 113Vehicles to which this Division applies s 114Power to inspect vehicle s 115Power to search vehicle s 116Production of identification by inspectors before vehicle inspections or searches s 117Production of identification during inspection or search s 118Consent not needed for inspections or searches s 119Definition s 120Premises to which this Division applies s 121Power to inspect premises s 122Power to search premises s 123When inspection or search may be conducted s 124Unattended or residential premises not to be searched s 125Procedure for obtaining informed consent s 126Production of identification by inspectors before inspections or searches of premises s 127Production of identification during inspection or search s 128Search warrants s 129Announcement before entry s 130Details of warrant to be given to occupier s 131Seizure of things not mentioned in the warrant s 132Power to require production of documents and related items s 133Direction to provide reasonable assistance s 134Authority to run vehicle's engine s 135Direction to state name and address s 136Direction to provide certain information s 137Manner of giving directions under this Division s 138Self-incrimination not an excuse s 139Copies of certain seized things to be given s 140Access to seized things s 141Journey may be completed despite seizure of required thing s 142Embargo notice s 143Retention and return of seized documents or things s 144Magistrates' Court may extend 3 month period s 145Use of assistants and equipment s 146Use of equipment to examine or process things s 147Use or seizure of electronic equipment s 148Obstructing or hindering inspectors s 149Impersonating authorised officers s 149AAReciprocal powers of officers s 149APart does not apply to a heavy vehicle s 150Reference to vehicle includes loads and attached vehicles s 151Statement that mistake of fact defence does not apply not to affect other offences s 152Purpose of this Division s 153Mass limits s 154Width limit s 155Length limit s 156Height limit s 157Load restraint requirement s 158Upgrading of categorisation in certain circumstances s 159Application of this Division s 160Meaning of rectify a breach s 161Reference to single offence includes multiple offences s 162Rectification of minor risk breaches s 163Rectification of substantial or severe risk breaches s 164Further provision concerning rectification places s 165General provisions concerning directions and authorisations s 166Conditions s 168Person must comply with a direction and conditions s 169Application of Division in relation to other directions s 170Amendment or revocation of directions or conditions s 171Liability of consignor s 172Liability of packer s 173Liability of loader s 174Liability of operator s 175Liability of driver s 176Liability of consignee s 177Multiple offenders s 178Penalties applying to offences under this Division and exclusion of double jeopardy s 179Reasonable steps defence s 181Exclusion of mistake of fact defence s 188Matters to be taken into consideration by courts s 189Offence to provide false or misleading transport or journey documentation s 190Other powers not affected s 191Contracting out prohibited s 191ADefinitions s 191BApplication of the Heavy Vehicle National Law (Victoria)—fatigue management of light buses s 191BAExemption of person carrying out certain duties driving a light bus s 191CMeaning of fatigue-regulated heavy vehicle s 191DMeaning of fatigue-regulated bus s 191EMeaning of Regulator s 191FMeaning of responsible Ministers s 191GMeaning of this Law s 191HMeaning of authorised officer s 1Definitions s 2Application of Technical Guide s 3Prescribed structural areas s 4Statutory write-off s 5Excessive structural damage s 6Damage to the roof s 7Damage to the pillars s 8Damage to the floor pan s 9Damage to the firewall s 10Damage to the longitudinal structural rails or chassis s 11Damage to the suspension s 12Damage to mechanical components s 13Deployment or activation of supplementary restraints s 14Excessive fire damage s 15Excessive water damage s 16Excessive vehicle stripping damage

Section Whole Act

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85R

Supervising driver offences

Current

85R Supervising driver offences

This Part does not apply to a person who is convicted or found guilty of a supervising driver offence.

S. 85S inserted by No. 6/2020 s. 7.

This Act’s bill:Second reading speech

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