Whole Act
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The purposes of this Act are—
to provide for safe, efficient and equitable road use; and
S. 1(ab) inserted by No. 12/2004 s. 140.
to set out the general obligations of road users in relation to responsible road use; and
to improve and simplify procedures for the registration of motor vehicles and the licensing of drivers; and
S. 1(c) repealed by No. 57/1998 s. 4(4)(b), new s. 1(c) inserted by No. 92/2001 s. 4.
to prevent the rebirthing of stolen vehicles; and
to ensure the equitable distribution within the community of the costs of road use.
This Act (including the items in Schedule 3 and the amendments in Schedule 4) comes into operation on a day or days to be proclaimed.
For the purposes of the definition of driver base in section 3(1)—
S. 3AAA(a) amended by No. 30/2013 s. 60(Sch. item 8.11).
a group of vehicles means a heavy vehicle that is physically connected to one or more other vehicles (even if those other vehicles are not heavy vehicles); and
if a driver is a self-employed driver and an employed driver at different times, the driver may have one driver base as a self-employed driver and another driver base as an employed driver; and
if a driver has 2 or more employers, the driver may have a different driver base in relation to each employer.
S. 3AA inserted by No. 92/2001 s. 6.
Without limiting the circumstances in which a person is in charge of a motor vehicle, the following persons are to be taken to be in charge of a motor vehicle for the purposes of this Act—
a person who is attempting to start or drive the motor vehicle;
a person with respect to whom there are reasonable grounds for the belief that he or she intends to start or drive the motor vehicle;
S. 3AA(1)(ba) inserted by No. 8/2018 s. 4.
a person who is a vehicle supervisor of an automated vehicle for which an ADS permit is in force and which is operating in automated mode at any time while the person is assigned by the ADS permit holder to perform duties as a vehicle supervisor in relation to the vehicle;
a commercial driving instructor while the person whom he or she is teaching to drive is driving or in charge of the vehicle;
S. 3AA(1)(d) amended by No. 49/2019 s. 99.
a supervising driver while the person whom the supervising driver is sitting beside is driving or in charge of the vehicle.
Subsection (1)(c) or (d) does not affect any liability of the person being taught or accompanied for any offence committed by that person while driving or being in charge of the motor vehicle.
S. 3AB inserted by No. 92/2001 s. 6, amended by No. 8/2018 s. 5 (ILA s. 39B(1)).
Without limiting the circumstances in which a person is driving a motor vehicle, a person who is steering a motor vehicle which is being towed by another motor vehicle is to be taken to be driving the towed motor vehicle for the purposes of this Act, whether or not the towed motor vehicle has any other means of propulsion and whether or not the person steering it has any control over its means of propulsion.
S. 3AB(2) inserted by No. 8/2018 s. 5.
Without limiting the circumstances in which a person is driving an automated vehicle for which an ADS permit is in force—
the ADS permit holder is to be taken to be driving the vehicle for the purposes of this Act at any time when the vehicle is operating in automated mode, whether or not at that time a vehicle supervisor is assigned by the ADS permit holder to perform duties as a vehicle supervisor in relation to the vehicle; and
a vehicle supervisor who is assigned by the ADS permit holder to perform duties as a vehicle supervisor in relation to the vehicle is to be taken to be driving the vehicle for the purposes of this Act at any time when the vehicle is operating other than in automated mode.
S. 3AB(3) inserted by No. 8/2018 s. 5.
Without limiting the circumstances in which a person is driving an automated vehicle for which there is not an ADS permit in force, any of the following persons is to be taken to be driving the vehicle for the purposes of this Act, even if the vehicle is operating in automated mode—
a person who is seated in the driver seat at a time when the vehicle is being used on a highway;
a person who has any control over the performance of the dynamic driving task at a time when the vehicle is being used on a highway.
S. 3AC inserted by No. 14/2007 s. 11.
Without limiting the circumstances in which a person is driving a trailer, a person who is driving a motor vehicle to which a trailer is attached is to be taken to be driving the trailer for the purposes of this Act.
S. 3AD inserted by No. 56/2013 s. 15.
Without limiting the circumstances in which a person is disqualified from obtaining a driver licence or learner permit, a person who is disqualified from driving a motor vehicle on a road in Victoria under—
section 89C(3A) of this Act; or
section 89D(1A) of this Act; or
S. 3AD(c) substituted by No. 7/2019 s. 7.
section 89(1)(b), (3)(b) or (4)(b) of the Sentencing Act 1991; or
S. 3AD(d) inserted by No. 7/2019 s. 7.
section 89A(1)(b) of the Sentencing Act 1991—
is to be taken to be also disqualified under that section from obtaining a driver licence or learner permit under this Act for the period for which he or she is so disqualified from driving.
S. 3AE inserted by No. 56/2013 s. 15.
Without limiting the circumstances in which a person is disqualified from driving a motor vehicle on a road in Victoria, a person who (whether under this or any other Act, other than by force of section 3AD of this Act) is disqualified from obtaining a driver licence or learner permit under this Act is to be taken to be disqualified from driving a motor vehicle on a road in Victoria for the period for which he or she is so disqualified from obtaining a driver licence or learner permit.
S. 3AF inserted by No. 46/2024 s. 23.
For the purposes of this Act, a person displays a digital licence or permit document if the person—
ensures, as far as is reasonably practicable, that the digital licence or permit is shown clearly and legibly to the person who has requested production or display of the digital licence or permit document; and
confirms the digital licence or permit document is current and valid on request, including by refreshing or updating, or attempting to refresh or update, the digital licence or permit document to show that it is the most recent version; and
complies with any additional prescribed requirements in relation to displaying the digital licence or permit document.
A person who has been asked to display a digital licence or permit document is not required to give the electronic device on which the digital licence or permit document is displayed to the person who made the request.
S. 3A inserted by No. 57/1998 s. 7, repealed by No. 24/2005 s. 3.
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S. 3B inserted by No. 6/2010 s. 24(5)(Sch. 1 item 15) (as amended by No. 45/2010 s. 5).
This Act is transport legislation within the meaning of the Transport Integration Act 2010.
S. 3C inserted by No. 51/2014 s. 9(Sch. 2 item 16.2).
This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.
This Act binds the Crown in right of Victoria and also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.