Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ROAD SAFETY ACT 1986 - SECT 103

Transitional provisions

S. 103(1) amended by No. 44/1989 s. 41(Sch. 2 item 34.4).

    (1)     If immediately before the commencement of this subsection a person holds a licence or permit issued under the Motor Car Act 1958 and that licence or permit expires on or after that commencement, the Corporation may, in accordance with this Act and the regulations, grant a licence or permit to that person which, in the opinion of the Corporation, corresponds to the licence or permit previously held by that person.

S. 103(1A) inserted by No. 53/1989 s. 19.

    (1A)     A driver's licence that was issued under the Motor Car Act 1958 and was valid immediately before 1 May 1987 must, on and after that date, be taken to be a driver licence granted under Part 3 of this Act despite the definition of driver licence in section 3(1) of this Act.

S. 103(2) amended by No. 53/1989 s. 21(6).

    (2)     A motor car driver's licence which was issued, but not indorsed, under the Motor Car Act 1958 and which was valid immediately before the commencement of this subsection—

        (a)     authorises the holder to drive a motor vehicle of 3 tonnes tare or less, until 3 years after that commencement; and

S. 103(2)(b) amended by No. 57/1998 s. 5(2)(c).

        (b)     does not authorise the holder to drive a motor vehicle of more than 4·5 tonnes GVM, after the 3 years, and the holder is not authorised to drive such a vehicle after that time unless he or she obtains an appropriate authorisation under this Act.

    (3)     If immediately before the commencement of this subsection a police station was a registration office within the meaning of the Motor Car Act 1958 then, on and from that commencement, the member of the police force for the time being in charge of that police station is to be taken to be, by force of this subsection, a delegate of the Authority in relation to the registration of motor vehicles and trailers until the Authority by instrument under its common seal otherwise provides.

    (4)     If immediately before the commencement of this   subsection an articulated motor car within the   meaning of the Motor Car Act 1958 is registered under that Act and on that commencement the semi-trailer component of the   articulated motor car is exempt from registration, the registration of the articulated motor car is, on that commencement, to be taken to be the registration of the prime-mover component of the articulated motor car.

    (5)     If immediately before the commencement of this subsection an articulated motor car within the meaning of the Motor Car Act 1958 is registered under that Act and on that commencement the semi-trailer component of the articulated motor car is not exempt from registration, the registration of the articulated motor car is, on that commencement, to be taken to be the separate registration of the prime-mover and the semi-trailer components of the articulated motor car.

    (6)     If immediately before the commencement of this subsection demerit points are recorded against the holder of a licence under the Motor Car Act 1958 in the Demerits Register kept under that Act, the Authority must, subject to this Act, on that commencement record those points against that person in the Demerits Register kept under this Act.

S. 103(7) substituted by No. 78/1987 s. 19.

    (7)     For the purposes of section 52, a person who is the holder of a probationary driver licence which was issued at least 12 months before the commencement of that section must be taken
to be the holder of a full driver licence.

    (8)     All fees which were received by the Authority under the Motor Car Act 1958 or the Transport Act 1983 or any other Act before the commencement of section 97 of this Act and which were paid by the Authority before that commencement into its general fund are, despite anything to the contrary in any Act, to be taken to have been properly paid by the Authority into that fund and not to have been required to be paid into the Consolidated Fund.

    (9)     On and from the commencement of this subsection until all the provisions of this Act have come into operation a reference in any Act or in any subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to a motor vehicle within the meaning of this Act includes a reference to a motor car within the meaning of the Motor Car Act 1958 and to a recreation vehicle within the meaning of this Act includes a reference to a recreation vehicle within   the meaning of Part VI of the Transport Act 1983 .

    (10)     A driver licence that was issued under the Motor Car Act 1958 and that was in force on probation immediately before the commencement of this subsection is to be taken, during the prescribed period only, to be a probationary driver licence for the purposes of this Act.

    (11)     In subsection (10) "prescribed period" means—

        (a)     if the period for which the licence was issued on probation is 2 years or less, that period plus any extension of the probationary period under section 21 ; or

        (b)     if the period for which the licence was issued on probation is more than 2 years, the first 2 years of that period plus any extension of the probationary period under section 21.

S. 103(11A) inserted by No. 53/2008 s. 4(Sch.  2).

    (11A)     This Act as amended by section 9 of the Road Safety (Further Amendment) Act 1991 applies only to offences committed on or after the commencement of section 9.

S. 103(11B) inserted by No. 53/2008 s. 4(Sch.  2).

    (11B)     The re-enactment by subsection (11A) of section 18(1) of the Road Safety (Further Amendment) Act 1991 does not affect the operation of any Act enacted after the Road Safety (Further Amendment) Act 1991 .

S. 103(12) inserted by No. 57/1998 s. 24.

    (12)     A person who, immediately before the commencement of section 5(5) of the Road Safety (Amendment) Act 1998 , was the registered owner of a vehicle under this Act is on that commencement deemed to be the registered operator of that vehicle.

S. 103(13) inserted by No. 73/1998 s. 10.

    (13)     The amendments of section 25 made by section 4 of the Road Safety (Further Amendment) Act 1998 apply only with respect to notices issued under that section, and suspensions of driver licences or learner permits that take effect under that section, after the commencement of section 4 of that Act.

S. 103(14) inserted by No. 73/1998 s. 10.

    (14)     The amendments of section 26 made by section 4 of the Road Safety (Further Amendment) Act 1998 apply only with respect to appeals made after the commencement of section 4 of that Act.

S. 103A inserted by No. 92/2001 s. 28.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback