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The main objectives of these Regulations are—
to provide for the application for and issue of driving instructor authorities; and
to set out conditions that must be followed by holders of driving instructor authorities; and
to set out the circumstances in which driving instructors must produce driving instructor authorities and identity photographs.
These Regulations are made under section 95 of the Road Safety Act 1986.
These Regulations come into operation on 15 February 2020.
The following Regulations are revoked—
the Road Safety (Driving Instructors) Regulations 2010[1];
the Road Safety (Driving Instructors) Amendment Regulations 2018[2].
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.
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).
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).
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;
the applicant must—
Reg. 6(c)(i) amended by S.R. No. 60/2024 reg. 5(a).
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).
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;
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).
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).
Reg. 8(1) amended by S.R. No. 60/2024 reg. 7(2).
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.
An identity photograph issued under subregulation (1) must include—
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
a number to identify the authority; and
the date on which the authority expires.
For the purposes of section 33B of the Act—
the prescribed format is the format of the identity photograph issued under regulation 8; and
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.
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.
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—
illegible, altered or defaced; or
lost, stolen or destroyed.
Reg. 12(1) amended by S.R. No. 60/2024 reg. 10(1).
Safe Transport Victoria may impose on an authority any appropriate conditions—
when granting or renewing the authority; or
during the period that the authority is in force.
Reg. 12(2) amended by S.R. No. 60/2024 reg. 10(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).
vary or revoke a condition imposed by Safe Transport Victoria on the authority; or
impose a new condition on the authority.
Reg. 12(3) amended by S.R. No. 60/2024 reg. 10(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.
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