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ROAD SAFETY ACT 1986 - SECT 3

Definitions

    (1)     In this Act—

S. 3(1) def. of accompany-ing driver offence inserted by No. 23/2001 s. 3(1), amended by No. 92/2001 s. 5(2).

"accompanying driver offence" means an offence under section 49(1) which is committed by a person who is taken to be in charge of a motor vehicle by reason of the operation of section 3AA(1)(d);

S. 3(1) def. of accompany-ing licensed driver inserted by No. 92/2001 s. 5(1).

"accompanying licensed driver" means a person, other than a commercial driving instructor acting as such, who is sitting beside a person, who is driving a motor vehicle for which that person does not hold an appropriate driver licence, for the purpose of enabling that person lawfully to drive that motor vehicle on a highway;

S. 3(1) def. of accredited agency inserted by No. 5/1990 s. 4(a), amended by Nos 46/1998
s. 7(Sch. 1), 1/2002 s. 3(2), 46/2008 s. 284, 29/2010 s. 68(1)(a), 56/2013 s. 14(1), 70/2016 s. 40(1)(a), repealed by No. 68/2017 s. 14(2).

    *     *     *     *     *

S. 3(1) def. of accredited drink-driving education program inserted by No. 5/1990 s. 4(a), amended by No. 46/1998
s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 25)), amended as accredited driver education program by No. 14/2000 s. 4(1), amended by Nos 46/2008 s. 284, 29/2010 s. 68(1)(b), 70/2016 s. 40(1)(a), repealed by No. 68/2017 s. 14(2).

    *     *     *     *     *



S. 3(1) def. of ADS guidelines inserted by No. 8/2018 s. 3.

"ADS guidelines" means guidelines issued by the Minister under section 33M;

S. 3(1) def. of ADS permit inserted by No. 8/2018 s. 3.

"ADS permit" means a permit granted under section 33D;

S. 3(1) def. of ADS permit holder inserted by No. 8/2018 s. 3.

"ADS permit holder", in relation to an automated vehicle, means the holder of an ADS permit that specifies the vehicle;

S. 3(1) def. of ADS trial inserted by No. 8/2018 s. 3.

"ADS trial" means a trial on a highway of the automated driving system of an automated vehicle

        (a)     for the purpose of testing the operation of the vehicle in automated mode; or

        (b)     for the purpose of testing the safety with which the automated capabilities of the vehicle may be deployed; or

        (c)     for the purpose of assisting the development of the automated capabilities of the vehicle; or

        (d)     for any other prescribed purpose;

S. 3(1) def. of alcohol interlock inserted by No. 1/2002 s. 3(1).

"alcohol interlock", in relation to a motor vehicle, means a device capable of—

        (a)     analysing a breath sample for the presence of alcohol; and

        (b)     if it detects more than a certain concentration of alcohol, preventing the motor vehicle from being started;

S. 3(1) def. of alcohol interlock condition inserted by No. 1/2002 s. 3(1), substituted by No. 56/2013 s. 14(3).

"alcohol interlock condition" means a condition on a driver licence or learner permit under which the holder is only permitted to drive a motor vehicle in which an approved alcohol interlock has been installed, and maintained, by an approved alcohol interlock supplier or a person or body authorised by such a supplier;

S. 3(1) def. of alcohol interlock condition direction inserted by No. 56/2013 s. 14(2).

"alcohol interlock condition direction" means a direction given under section 50AAA(2) or (3) to the Corporation that it can only grant a person a driver licence or learner permit that is subject to an alcohol interlock condition;

S. 3(1) def. of alcohol interlock condition removal order inserted by No. 56/2013 s. 14(2).

"alcohol interlock condition removal order" means an order made under section 50AAB(4) that an alcohol interlock condition imposed on a person's driver licence or learner permit be removed;

S. 3(1) def. of approved alcohol interlock inserted by No. 1/2002 s. 3(1), amended by No. 49/2014 s. 37(1).

"approved alcohol interlock" means an alcohol interlock of a type approved by the Corporation under section 50AAE(3) and, if that approval is varied under section 50AAH(1A), as so varied;

S. 3(1) def. of approved alcohol interlock supplier inserted by No. 1/2002 s. 3(1).

"approved alcohol interlock supplier" means a person or body approved by the Corporation under section 50AAE(5);

S. 3(1) def. of approved health professional inserted by No. 14/2000 s. 4(3), amended by Nos 97/2005 s. 182(Sch. 4 item 44(a)), 13/2010 s. 51(Sch. item 48.1).

"approved health professional" means—

        (a)     a person registered under the Health Practitioner Regulation National Law—

              (i)     to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and

              (ii)     in the registered nurses division of that profession;

        (b)     a person approved under subsection (4) to take a blood sample for the purposes of Part 5;

S. 3(1) def. of approved provider inserted by No. 68/2017 s. 14(1).

"approved provider"—

        (a)     in relation to a behaviour change program, means a person or body approved by the Corporation under section 58J to provide a behaviour change program; and

        (b)     in relation to a safe driving program, means a person or body approved by the Corporation under section 84BP to provide an approved safe driving program;

S. 3(1) def. of approved road transport compliance scheme inserted by No. 110/2004 s. 22(1), amended by No. 30/2013 s. 60(Sch. item 8.1).

"approved road transport compliance scheme" means a scheme, agreement or arrangement that—

        (a)     is prescribed by the regulations; or

        (b)     is identified by, or is of a class identified by, the regulations—

and that makes provision for compliance with a road or transport law or a non‑Victorian road or transport law;

Example

A scheme, agreement or arrangement that provides for a system of accreditation-based compliance.

S. 3(1) def. of articulated truck inserted by No. 89/1991 s. 4(1)(a), repealed by No. 57/1998 s. 4(1)(a).

    *     *     *     *     *

S. 3(1) def. of assessment report inserted by No. 56/2013 s. 14(2), repealed by No. 68/2017 s. 14(2).

    *     *     *     *     *

S. 3(1) def. of associate inserted by No. 110/2004 s. 22(1), substituted by No. 74/2007 s. 3(a), repealed by No. 30/2013 s. 60(Sch. item 8.2).

    *     *     *     *     *

S. 3(1) def. of Australian driver licence inserted by No. 68/2017 s. 4(2).

"Australian driver licence" means—

        (a)     a driver licence; or

        (b)     a licence (other than an Australian learner permit) issued under the law of another State or a Territory authorising the holder to drive a motor vehicle on a highway;

S. 3(1) def. of Australian learner permit inserted by No. 68/2017 s. 4(2).

"Australian learner permit" means—

        (a)     a learner permit; or

        (b)     an interstate learner permit;

S. 3(1) def. of Australian road or transport law inserted by No. 110/2004 s. 22(1).

"Australian road or transport law" means a road or transport law or a non-Victorian road or transport law;


S. 3(1) def. of Australian road or transport law offence inserted by No. 110/2004 s. 22(1).

"Australian road or transport law offence" means an offence against an Australian road or transport law;

S. 3(1) def. of authorised officer repealed by No. 57/1998 s. 4(1)(a),
new def. of authorised officer inserted by No. 110/2004 s. 22(1), amended by No. 3/2017 s. 50(Sch. 1 item 9.1(a)).

"authorised officer" means a person authorised in writing by the Corporation or the Secretary or the Head, Transport for Victoria under section 112;

S. 3(1) def. of Authority repealed by No. 44/1989 s. 41(Sch. 2 item 34.1(a)).

    *     *     *     *     *


S. 3(1) def. of automated driving system inserted by No. 8/2018 s. 3.

"automated driving system" means technology (comprised of a combination of hardware and software) that is capable of performing the dynamic driving task of a motor vehicle;

S. 3(1) def. of automated mode inserted by No. 8/2018 s. 3.

"automated mode", in relation to an automated vehicle, means the mode of operation of the vehicle in which the dynamic driving task is being performed by the automated driving system;

S. 3(1) def. of automated vehicle inserted by No. 8/2018 s. 3.

"automated vehicle" means a motor vehicle that is equipped with an automated driving system;

S. 3(1) def. of axle substituted by No. 57/1998 s. 5(1).

"axle" means one or more shafts positioned in a line across a vehicle, on which one or more wheels intended to support the vehicle turn;

S. 3(1)
def. of base registration fee
inserted by No. 76/2012 s. 19.

"base registration fee" means the fee specified in section 9(2) ;


S. 3(1) def. of behaviour change program inserted by No. 68/2017 s. 14(1).

"behaviour change program" means—

        (a)     a first-stage behaviour change program; or

        (b)     a second-stage behaviour change program;

S. 3(1) def. of beneficiary inserted by No. 74/2007 s. 3(h), repealed by No. 30/2013 s. 60(Sch. item 8.3).

    *     *     *     *     *

"bill of sale" means bill of sale within the meaning of Part VI of the Instruments Act 1958 ;

S. 3(1) def. of body corporate inserted by No. 110/2004 s. 22(1).

"body corporate" includes the Crown in any capacity and any body or entity that is not an individual;

S. 3(1) def. of breath analysing instrument amended by Nos 17/1994 s. 4(1), 94/2003 ss 8(1)(a), 10(1), 32/2011 s. 8(1).

"breath analysing instrument" means—

        (a)     the apparatus known as the Alcotest 7110 to which a plate is attached on which there is written, inscribed or impressed the numbers "3530791" whether with or without other expressions or abbreviations of expressions, commas, full stops, hyphens or other punctuation marks and whether or not all or any of the numbers are boxed in; or

        (ab)     the apparatus known as the Alcotest 9510 AUS to which a plate is attached on which there is written, inscribed or impressed the numbers "8320869" whether with or without other expressions or abbreviations of expressions, commas, full stops, hyphens or other punctuation marks and whether or not all or any of the numbers are boxed in; or

        (b)     apparatus of a type approved for the purposes of section 55 by the Minister by notice published in the Government Gazette or for the purposes of any corresponding previous enactment by the Governor in Council by notice published in the Government Gazette for ascertainment by analysis of a person's breath what concentration of alcohol is present in his or her breath;

S. 3(1) def. of bus inserted by No. 89/1991 s. 4(1)(b).

bus means a motor vehicle which (together with any trailer attached to it) seats more than 12 adults (including the driver);

S. 3(1) def. of bus company inserted by No. 69/2007 s. 72, amended by No. 6/2010 s. 203(1)
(Sch. 6 item 42.1(a)) (as amended by No. 45/2010 s. 22).

"bus company" has the same meaning as in the Transport (Compliance and Miscellaneous) Act 1983 ;

S. 3(1) def. of business day inserted by No. 74/2007 s. 3(h).

"business day" means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993 ;

S. 3(1) def. of certificate of completion inserted by No. 68/2017 s. 14(1).

"certificate of completion" means a certificate issued by an approved provider of a behaviour change program under section 58R certifying that a person has completed the program;

S. 3(1) def. of chassis number inserted by No. 81/2006 s. 39(a).

"chassis number", in relation to a motor vehicle, means the identification number—

        (a)     permanently marked on the chassis or other part of the vehicle by the vehicle manufacturer at the time of manufacture; or

        (b)     specified by the Corporation in accordance with the regulations;

S. 3(1) def. of Chief Commis-sioner of Police inserted by No. 28/2009 s. 4(1), amended by No. 37/2014 s. 10(Sch. item 147.1(b)).

"Chief Commissioner of Police" has the same meaning as Chief Commissioner has in the Victoria Police Act 2013 ;

S. 3(1) def. of Chief General Manager inserted by No. 5/1990 s. 4(b), repealed by No. 46/1998
s. 7(Sch. 1).

    *     *     *     *     *

S. 3(1) def. of commercial driving instructor inserted by No. 92/2001 s. 5(1).

"commercial driving instructor" means a person who, for financial gain or in the course of any trade or business, is teaching a person, who is driving a motor vehicle of a kind described in section 33(3), for which that person does not hold an appropriate driver licence, to drive that motor vehicle on a highway;

S. 3(1) def. of commercial motor vehicle substituted by No. 30/2007 s. 233(1), amended by Nos 6/2010 s. 203(1)
(Sch. 6 item 42.1(b)) (as amended by No. 45/2010 s. 22), 63/2017 s. 21(Sch. 1 item 8.1(a)).

"commercial motor vehicle" means—

        (a)     a commercial passenger vehicle; or

        (b)     a tow truck within the meaning of the Accident Towing Services Act 2007 ;

S. 3(1) def. of commercial passenger vehicle inserted by No. 63/2017 s. 21(Sch. 1 item 8.1(c)).

"commercial passenger vehicle" has the same meaning as in the Commercial Passenger Vehicle Industry Act 2017 ;

S. 3(1) def. of consignee inserted by No. 110/2004 s. 22(1), substituted by No. 74/2007 s. 3(b) (as amended by No. 56/2008 s. 3(1)).

"consignee", in relation to goods transported or to be transported by a heavy vehicle or a fatigue regulated heavy vehicle

        (a)     means the person who—

              (i)     with that person's authority, is named or otherwise identified as the intended consignee of the goods in the transport documentation for the consignment; or

              (ii)     actually receives the goods after the goods are transported by road; but

        (b)     does not include a person who merely unloads or unpacks the goods;

S. 3(1) def. of consignor inserted by No. 110/2004 s. 22(1), substituted by No. 74/2007 s. 3(c) (as amended by No. 56/2008 s. 3(2)).

"consignor "of goods is a person who—

        (a)     with the person's authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road; or

        (b)     engages an operator of a vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or

        (c)     has possession of, or control over, the goods immediately before the goods are transported by road; or

        (d)     loads a vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is usually unattended (except by a driver of the vehicle, a trainee driver or any person necessary for the normal operation of the vehicle) during loading; or

        (e)     if the goods are imported into Australia, imports the goods;

S. 3(1) def. of container weight declaration inserted by No. 110/2004 s. 22(1), repealed by No. 30/2013 s. 60(Sch. item 8.4).

    *     *     *     *     *

S. 3(1) def. of Contracting State inserted by No. 57/1998 s. 6.

"Contracting State" means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949;

S. 3(1) def. of Corporation inserted by No. 44/1989 s. 41(Sch. 2 item 34.1(b)).

"Corporation" means the Roads Corporation;


S. 3(1) def. of corres-ponding Authority inserted by No. 110/2004 s. 22(1).

"corresponding Authority" means any body outside Victoria that has any functions in relation to roads, vehicles or transport that correspond with any of the functions of the Corporation;

S. 3(1) def. of corres-ponding interstate drink-driving offence inserted by No. 68/2017 s. 4(2).

"corresponding interstate drink-driving offence" means an offence against a law of another State or a Territory that the Minister has declared under section 25(1) to correspond to a specified Victorian drink-driving offence;

S. 3(1) def. of corres-ponding law repealed by No. 81/2006 s. 39(b).

    *     *     *     *     *



S. 3(1) def. of cost recovery fee inserted by No. 49/2014 s. 36(1).

"cost recovery fee" means a fee referred to in section 50AAKA ;


S. 3(1) def. of CPVC inserted by No. 63/2017 s. 21(Sch. 1 item 8.1(c)).

"CPVC" means the Commercial Passenger Vehicle Commission established by section 115B of the Transport Integration Act 2010 ;

S. 3(1) def. of dentist inserted by No. 14/2000 s. 4(3), substituted by No. 94/2003 s. 27(1), amended by No. 97/2005 s. 182(Sch. 4 item 44(b)), substituted by No. 13/2010 s. 51(Sch. item 48.2(a)).

"dentist" means a person registered under the Health Practitioner Regulation National Law—

        (a)     to practise in the dental profession (other than as a student); and

        (b)     in the dentists division of that profession;

S. 3(1) def. of Department inserted by No. 70/2016 s. 41(1)(b).

"Department" means the Department of Economic Development, Jobs, Transport and Resources;

S. 3(1) def. of designated place inserted by No. 43/2011 s. 39, substituted by No. 37/2014 s. 10(Sch. item 147.1(c)).

"designated place" has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of Director, Fines Victoria inserted by No. 47/2014 s. 286.

"Director, Fines Victoria" has the same meaning as Director has in section 3 of the Fines Reform Act 2014 ;

S. 3(1) def. of Director of the Victorian Institute of Forensic Medicine inserted by No. 14/2000 s. 4(3), amended by No. 77/2008 s. 129(Sch.  2 item 24.1).

"Director of the Victorian Institute of Forensic Medicine" means the Director within the meaning of the Victorian Institute of Forensic Medicine Act 1985 ;

S. 3(1) def. of drink-driving infringement inserted by No. 53/1989 s. 4(a), amended by Nos 89/1991 s. 4(1)(c), 17/1994 s. 4(2), 23/2001 s. 3(2), 94/2003 s. 8(1)(b), 111/2003 s. 4(2), 49/2014 s. 37(2), 68/2017 s. 4(1).

"drink-driving infringement" means an offence under section 49(1)(b) , (f) or (g), other than an accompanying driver offence, in circumstances where [1]

        (a)     the concentration of alcohol—

              (i)     in the blood of the person is less than 0·15 grams per 100 millilitres of blood; or

              (ii)     in the breath of the person is less than 0·15 grams per 210 litres of exhaled air—

as the case requires; and

        (b)     the offence is a first offence having regard to the provisions of section 48(2) or would, because of section 50AA, be treated as a first offence for the purposes of section 50(1A);

S. 3(1) def. of drinking while driving infringement inserted by No. 77/2011 s. 3(1), repealed by No. 68/2017 s. 29(1).

    *     *     *     *     *



S. 3(1) def. of drive inserted by No. 110/2004 s. 22(1).

drive includes to be in control of a vehicle;


S. 3(1) def. of driver inserted by No. 110/2004 s. 22(1).

driver of a vehicle includes—

        (a)     a two-up driver of the vehicle who is present in or near the vehicle; and

        (b)     a person who is driving the vehicle as a driver under instruction or under an appropriate learner permit;

S. 3(1) def. of driver base inserted by No. 110/2004 s. 22(1), substituted by No. 74/2007 s. 3(d).

"driver base", in relation to a heavy vehicle or a fatigue regulated heavy vehicle, means—

        (a)     in the case of a vehicle that is not part of a group of vehicles

              (i)     the place recorded for the time being as the driver base in the log book or work diary kept by the driver of the vehicle; or

              (ii)     if no place is recorded as specified in subparagraph (i)—the garage address of the vehicle, as recorded—

    (A)     by the Corporation; or

    (B)     if the vehicle is registered in another State or Territory, by the registration authority of that State or Territory; or

              (iii)     if no place is recorded as specified in subparagraph (i) or (ii)—the place from which the driver normally works and receives instructions; or

        (b)     in the case of a group of vehicles

              (i)     the place recorded for the time being as the driver base in the log book or work diary kept by the driver of the group; or

              (ii)     if no place is recorded as specified in subparagraph (i)—the garage address of each vehicle in the group, as recorded—

    (A)     by the Corporation; or

    (B)     if a vehicle is registered in another State or Territory, by the registration authority of that State or Territory; or

              (iii)     if no place is recorded as specified in subparagraph (i) or (ii)—the place from which the driver normally works and receives instructions;

"driver licence" means a licence granted under Part 3;

S. 3(1) def. of drug amended by No. 78/1987 s. 4(1)(a), substituted by No. 14/2000 s. 4(2).

"drug" means a substance that is a drug for the purposes of this Act by virtue of a declaration under subsection (3) or any other substance (other than alcohol) which, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;

S. 3(1) def. of drug-driving infringement inserted by No. 111/2003 s. 4(1), amended by No. 49/2014 s. 37(3).

"drug-driving infringement" means an offence under section 49(1)(bb) , (h) or (i), other than an accompanying driver offence, in circumstances where the offence is a first offence having regard to the provisions of  section 48(2) or would, because of section 50AA, be treated as a first offence for the purposes of subsection (1E) of section 50;

S. 3(1) def. of dynamic driving task inserted by No. 8/2018 s. 3.

"dynamic driving task" means all of the real-time operational and tactical functions (other than the selection of final and intermediate destinations) required to operate a vehicle in on-road traffic including (but not limited to)—

        (a)     turning, lane keeping and lane changing and providing the appropriate signal for any such manoeuvre; and

        (b)     accelerating and decelerating; and

        (c)     monitoring the driving environment and responding to whatever objects or events are detected; and

        (d)     manoeuvre planning;

S. 3(1) def. of engage in conduct inserted by No. 110/2004 s. 22(1), repealed by No. 30/2013 s. 60(Sch. item 8.5).

    *     *     *     *     *

S. 3(1) def. of engine identification number inserted by No. 81/2006 s. 39(a).

"engine identification number", in relation to a motor vehicle, means the individual number clearly stamped, embossed or otherwise permanently marked on the engine block or main component of the engine;

S. 3(1) def. of equipment inserted by No. 110/2004 s. 22(1).

"equipment", in relation to a vehicle or combination, includes tools, devices and accessories in or on the vehicle or combination;

S. 3(1) def. of excessive speed infringement inserted by No. 53/1989 s. 4(b).

"excessive speed infringement" means an offence of a kind referred to in section 28(1)(a);

S. 3(1) def. of fatigue regulated heavy vehicle inserted by No. 74/2007 s. 3(h), repealed by No. 30/2013 s. 60(Sch. item 8.6).

    *     *     *     *     *

S. 3(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch.  2 item 16.1).

"film friendly principles" has the same meaning as in the Filming Approval Act 2014 ;


S. 3(1) def. of film permit inserted by No. 51/2014 s. 9(Sch.  2 item 16.1).

film permit has the same meaning as in the Filming Approval Act 2014 ;

S. 3(1) def. of first-stage behaviour change program inserted by No. 68/2017 s. 14(1).

"first-stage behaviour change program" means a behaviour change program approved by the Corporation under section 58I(1);

S. 3(1) def. of freight container inserted by No. 110/2004 s. 22(1).

"freight container" means—

        (a)     a re-usable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711.1:2000, Freight containers—Classification, dimensions and ratings , that is designed for repeated use for the transport of goods by one or more modes of transport; or

        (b)     a re-usable container of the same or a similar design and construction to a container referred to in paragraph (a) though of different dimensions; or

        (c)     a container of a kind specified by the regulations for the purposes of this definition—

but does not include anything declared by the regulations to be excluded from this definition;

S. 3(1) def. of full driver licence inserted by No. 78/1987 s. 4(1)(b).

"full driver licence" means a driver licence other than a probationary driver licence;


S. 3(1) def. of garage address of a vehicle inserted by No. 57/1998 s. 6, substituted by Nos 44/2003 s. 4(a), 74/2007 s. 3(e).

"garage address", of a vehicle, means—

        (a)     in the case of a heavy vehicle that is normally kept at a depot or base of operations when not in use, the principal depot or base of operations of the vehicle; or

        (b)     in the case of a heavy vehicle that is normally kept on a highway when not in use—

              (i)     if the vehicle has only one registered operator, the home address of the registered operator; or

              (ii)     if the vehicle has more than one registered operator, the home address of the registered operator whose home address is nearest to the highway where it is kept; or

        (c)     in any other case, the place nominated by the applicant for registration as the place where the vehicle is normally kept;

S. 3(1) def. of garage address of a heavy vehicle inserted by No. 110/2004 s. 22(1), substituted as garage address of a vehicle by No. 74/2007 s. 3(e).

    *     *     *     *     *

S. 3(1) def. of GCM inserted by No. 57/1998 s. 6.

"GCM" (gross combination mass) of a motor vehicle means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may lawfully be towed by it at one time—

        (a)     as specified by the motor vehicle's manufacturer; or

        (b)     as specified by the Corporation if—

              (i)     the manufacturer has not specified the sum of the maximum loaded mass; or

              (ii)     the manufacturer cannot be identified; or

              (iii)     the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;

S. 3(1) def. of goods inserted by No. 110/2004 s. 22(1).

"goods "includes animals (whether dead or alive) and containers (whether empty or not), but does not include people or fuel, water, lubricants, tools and other equipment or accessories that are necessary for the normal operation of the vehicle in which they are carried and that are not carried as cargo;

S. 3(1) def. of gross vehicle mass inserted by No. 89/1991 s. 4(1)(d), substituted as GVM by No. 57/1998 s. 5(2)(a).

"GVM" (gross vehicle mass) of a vehicle means the maximum loaded mass of the vehicle

        (a)     as specified by the vehicle's manufacturer; or

        (b)     as specified by the Corporation if—

              (i)     the manufacturer has not specified a maximum loaded mass; or

              (ii)     the manufacturer cannot be identified; or

              (iii)     the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;

S. 3(1) def. of Head, Transport for Victoria inserted by No. 3/2017 s. 50(Sch. 1 item 9.1(b)).

"Head, Transport for Victoria" has the same meaning as it has in section 3 of the Transport Integration Act 2010 ;

S. 3(1) def. of heavy trailer combination inserted by No. 89/1991 s. 4(1)(d), repealed by No. 57/1998 s. 4(1)(a).

    *     *     *     *     *

S. 3(1) def. of heavy vehicle inserted by No. 57/1998 s. 6, substituted by Nos 110/2004 s. 22(2), 30/2013 s. 60(Sch. item 8.7).

"heavy vehicle" has the same meaning as in the Heavy Vehicle National Law (Victoria);

S. 3(1) def. of highway substituted by No. 57/1998 s. 5(3).

"highway" means road or road related area;

S. 3(1) def. of hire-purchase agreement amended by Nos 2/2008 s. 59, 21/2012 s. 239(Sch.  6 item 39.1).

"hire-purchase agreement" means hire-purchase agreement within the meaning of the Australian Consumer Law and Fair Trading Act 2012 ;

S. 3(1) def. of home address inserted by No. 44/2003 s. 4(b).

"home address "of a person means—

        (a)     in the case of an individual—the person's residential address or place of abode in Australia; or

        (b)     in the case of a body corporate that has a registered office in Australia—the address of the registered office; or

        (c)     in any other case—the address of the person's principal or only place of business in Australia;

S. 3(1) def. of identification plate inserted by No. 81/2006 s. 39(a).

"identification plate", in relation to a motor vehicle, has the same meaning as in the Motor Vehicle Standards Act 1989 of the Commonwealth;

"infringement" means a parking infringement or a traffic infringement;

S. 3(1) def. of inspector inserted by No. 110/2004 s. 22(1), amended by No. 37/2014 s. 10(Sch. item 147.1(d)).

"inspector" means an authorised officer or a police officer;


S. 3(1) def. of intelligent transport system inserted by No. 110/2004 s. 22(1), repealed by No. 30/2013 s. 60(Sch. item 8.8).

    *     *     *     *     *

S. 3(1) def. of international driving permit inserted by No. 57/1998 s. 6, repealed by No. 5/2016 s. 16(b).

    *     *     *     *     *



"interstate learner permit" means a permit or authority to learn to drive a motor vehicle issued under an Act of another State or Territory of the Commonwealth which corresponds with this Act;

S. 3(1) def. of journey document-ation inserted by No. 110/2004 s. 22(1), amended by No. 74/2007 s. 3(i).

"journey documentation "means any documentation (other than transport documentation) directly or indirectly associated with—

        (a)     the actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or

        (b)     goods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport—

whether or not the documentation has been transmitted physically, electronically or in any other manner and whether or not the documentation relates to a particular journey or to journeys generally;

Example

The following are examples of journey documentation

        (a)     documents kept or used or obtained by a responsible person in connection with the transport of goods or passengers;

        (b)     workshop, maintenance and repair records relating to a vehicle used, or claimed to be used, for the transport of goods or passengers;

        (c)     a subcontractor's payment advice relating to goods or passengers or the transport of goods or passengers;

        (d)     documents kept or used or obtained by the driver of the vehicle used, or claimed to be used, for the transport of goods or passengers, such as a driver's run sheet, a log book entry, a work diary, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records;

        (e)     information reported through the use of an intelligent transport system;

        (f)     driver manuals and instruction sheets;

        (g)     advice in any form from check weighing carried out before, during or after a journey.

S. 3(1) def. of large vehicle inserted by No. 89/1991 s. 4(1)(e), amended by No. 57/1998 s. 4(1)(b).

"large vehicle" means—

        (a)     a bus; or

        (b)     a motor vehicle (other than a bus) that is being used as a single unit and has a GVM greater than 15 tonnes; or

        (c)     a motor vehicle (other than a bus) that is being used in combination with one or more trailers and has a GCM greater than 15 tonnes;

S. 3(1) def. of learner permit inserted by No. 5/2016 s. 16(a).

"learner permit" means a permit granted under Part 3;

S. 3(1) def. of legal entitlements inserted by No. 110/2004 s. 22(1).

"legal entitlements "of a vehicle means the details of the authority, conferred by or under a relevant law or scheme, that entitles it to be operated for the transport of goods or passengers by road, and includes any entitlements arising under or affected—

        (a)     by a permit, authorisation, approval, exemption, notice or anything else given or issued under that law or scheme; or

        (b)     by restrictions, or by the application of restrictions, under a relevant law or scheme or other laws;

Example

Examples of restrictions in paragraph (b) include sign-posted mass limits for bridges and hazardous weather condition permits.

S. 3(1) def. of licence eligibility order inserted by No. 56/2013 s. 14(2).

"licence eligibility order" means an order made by the Magistrates' Court under section 31H declaring that a person is eligible to apply to the Corporation for the grant of a driver licence or learner permit;

S. 3(1) def. of licence eligibility report inserted by No. 56/2013 s. 14(2), repealed by No. 68/2017 s. 14(2).

    *     *     *     *     *

S. 3(1) def. of licence restoration report inserted by No. 5/1990 s. 4(c), repealed by No. 56/2013 s. 14(4).

    *     *     *     *     *

S. 3(1) def. of load inserted by No. 110/2004 s. 22(1).

"load", in relation to a vehicle, means—

        (a)     all the goods, passengers and drivers in or on the vehicle; and

        (b)     all fuel, water, lubricants and readily removable tools and equipment carried in or on the vehicle and required for its normal operation; and

        (c)     anything that is used to enable goods or passengers to be carried in or on the vehicle and that is not part of the vehicle; and

        (d)     personal items used by a driver of the vehicle; and

        (e)     anything that is normally removed from the vehicle when not in use—

and includes a part of a load;

S. 3(1) def. of loader inserted by No. 110/2004 s. 22(1), substituted by No. 74/2007 s. 3(f).

"loader" means—

        (a)     a person who loads a vehicle or combination with goods for transport by road; or

        (b)     a person who loads a vehicle or combination with a freight container (whether or not containing goods) for transport by road; or

        (c)     without limiting paragraph (a) or (b), a person who loads a freight container already in or on a vehicle or combination with goods for transport by road; or

        (d)     a person who supervises an activity mentioned in paragraph (a), (b) or (c); or

        (e)     a person who manages or controls an activity mentioned in paragraph (a), (b), (c) or (d);

S. 3(1) def. of manu-facturer's build plate inserted by No. 81/2006 s. 39(a).

"manufacturer's build plate", in relation to a motor vehicle, means a plate which describes the build specification of the vehicle and which was placed on the vehicle by the manufacturer at the time of its manufacture;

S. 3(1) def. of mass, dimension or load restraint limit or requirement inserted by No. 110/2004 s. 22(1).

mass, dimension or load restraint limit or requirement is any of the following as defined in Division 2 of Part 10: a mass limit, a width limit, a length limit, a height limit or a load restraint requirement;

S. 3(1) def. of mass limit inserted by No. 110/2004 s. 22(1).

mass limit has the meaning set out in section 153;

S. 3(1) def. of member of police personnel inserted by No. 28/2009 s. 4(1), repealed by No. 37/2014 s. 10(Sch. item 147.1(e)).

    *     *     *     *     *

S. 3(1) def. of member of the police force
inserted by No. 28/2009 s. 4(1), repealed by No. 37/2014 s. 10(Sch. item 147.1(f)).

    *     *     *     *     *

S. 3(1) def. of member of Victoria Police personnel inserted by No. 37/2014 s. 10(Sch. 147.1(a)).

"member of Victoria Police personnel" has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of miniaturised motor cycle inserted by No. 70/2016 s. 23.

"miniaturised motor cycle" means a motor vehicle with 2 axle groups and an internal combustion engine or electric motors that are capable of giving the vehicle a top speed in excess of 25 kilometres per hour and that—

        (a)     has not been certified through the Commonwealth Road Vehicle Certification System; and

        (b)     has not been conditionally registered by the Corporation; and

        (c)     is not excluded from the definition of motor vehicle;

"motor cycle" means a two-wheeled motor vehicle and includes a motor cycle with a trailer, forecar or sidecar attached;

S. 3(1) def. of motor trike inserted by No. 49/2014 s. 36(1).

"motor trike" means a 3-wheeled motor vehicle but does not include—

        (a)     a motor cycle with a sidecar attached; or

        (b)     a motor vehicle with 3 wheels that has a body type similar to that commonly found on a motor vehicle with 4 wheels;

S. 3(1) def. of motor vehicle substituted by No. 57/1998 s. 5(4).

"motor vehicle" means a vehicle that is used or intended to be used on a highway and that is built to be propelled by a motor that forms part of the vehicle but does not include—

        (a)     a vehicle intended to be used on a railway or tramway; or

        (b)     a motorised wheel-chair capable of a speed of not more than 10 kilometres per hour which is used solely for the conveyance of an injured or disabled person; or

        (c)     a vehicle that is not a motor vehicle by   virtue of a declaration under subsection (2)(b);

S. 3(1) def. of municipal council inserted by No. 28/2009 s. 4(1).

"municipal council" has the same meaning as Council has in the Local Government Act 1989 ;

S. 3(1) def. of night inserted by No. 110/2004 s. 22(1).

"night "means the period between sunset on one day and sunrise on the next day;

S. 3(1) def. of non-standard number plate inserted by No. 49/2004 s. 23.

"non-standard number plate" means a number plate that, at the time of issue, is not of the design, size, colour or material of number plates then generally issued on payment of the basic fee prescribed for the issue of number plates;

S. 3(1) def. of non-Victorian road or transport law inserted by No. 110/2004 s. 22(1).

"non-Victorian road or transport law" means a law of an Australian jurisdiction other than Victoria—

        (a)     that regulates, in that jurisdiction, the same conduct that a road or transport law regulates in Victoria; or

        (b)     that is specified as a law for the purposes of this definition by the regulations;

S. 3(1) def. of operator inserted by No. 110/2004 s. 22(1), substituted by No. 74/2007 s. 3(g).

"operator" means—

        (a)     in the case of a vehicle (including a vehicle in a group of vehicles that are physically connected)—the person responsible for controlling or directing the operations of the vehicle; or

        (b)     in the case of a group of vehicles that are physically connected—the person responsible for controlling or directing the operations of the towing vehicle in the group; but

does not include a person merely because the person owns a vehicle or does any or all of the following—

        (c)     drives a vehicle;

        (d)     maintains or arranges for the maintenance of a vehicle;

        (e)     arranges for the registration of a vehicle;

"owner", in relation to a motor vehicle or trailer, includes a part owner and also—

        (a)     includes a person who has the possession and use of it under or subject to a hire-purchase agreement or a bill of sale or like instrument or under or subject to a written hiring agreement (not being a hire-purchase agreement) which requires that person to register the motor vehicle or trailer in that person's name; but

        (b)     does not include a person in whom the property in the motor vehicle or trailer or any absolute or conditional right or licence to take possession of the motor vehicle or trailer is vested under or subject to a hire-purchase agreement or a bill of sale or like instrument or written hiring agreement which requires another person to register the motor vehicle or trailer in the name of that other person but who has not for the time being the possession and use of the motor vehicle or trailer;

S. 3(1) def. of package inserted by No. 110/2004 s. 22(1).

"package "of goods means the complete product of the packing of the goods for transport by road, consisting of the goods and their packaging;

S. 3(1) def. of packaging inserted by No. 110/2004 s. 22(1).

"packaging "of goods means the container (including a freight container) in which the goods are received or held for transport by road, and includes anything that enables the container to receive or hold the goods or to be closed;

S. 3(1) def. of packer inserted by No. 110/2004 s. 22(1).

packer has the meaning set out in section 172;

S. 3(1) def. of park and ride facility inserted by No. 69/2007 s. 72.

"park and ride" facility means land or premises

        (a)     vested in or under the control of a rail or bus operator; and

        (b)     to which specified provisions of this Act and the regulations relating to the regulation or control of the parking of a vehicle, or the leaving standing of a vehicle, apply under an Order under section 98 (whether or not other provisions of this Act or the regulations also apply under that Order);

S. 3(1) def. of parking infringement amended by Nos 12/1989 s. 4(1)(Sch. 2 item 105.1), 25/1996 s. 7, 14/2000 s. 16, 94/2003 s. 27(2), 28/2009 s. 4(3).

"parking infringement" means the parking of a vehicle, or leaving it standing, whether attended or not, in contravention of—

        (aa)     section 90E; or

        (a)     the regulations or rules; or

        (b)     a local law made by a municipal council; or

        (c)     any other Act, rule, regulation or by‑law;

S. 3(1) def. of Parliamentary reserve inserted by No. 4/2001 s. 29(1).

"Parliamentary reserve" has the same meaning as it has in the Parliamentary Precincts Act 2001 ;

S. 3(1) def. of passenger inserted by No. 110/2004 s. 22(1).

"passenger", in relation to a vehicle, does not include the driver of the vehicle, a two-up driver of the vehicle or any person necessary for the normal operation of the vehicle;

S. 3(1) def. of passenger transport company inserted by No. 69/2007 s. 72, amended by No. 6/2010 s. 203(1)
(Sch. 6 item 42.1(c)) (as amended by No. 45/2010 s. 22).

"passenger transport company" has the same meaning as in the Transport (Compliance and Miscellaneous) Act 1983 ;

S. 3(1) def. of permissible non-prescription drug inserted by No. 14/2000 s. 4(3).

permissible non-prescription drug means—

        (a)     a Schedule 2 poison within the meaning   of the Drugs, Poisons and Controlled Substances Act 1981 that is listed in Appendix K of Part 5 of the Commonwealth standard within the meaning of that Act; or

        (b)     a Schedule 3 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 ;

S. 3(1) def. of permit repealed by No. 57/1998 s. 4(2)(a).

    *     *     *     *     *

S. 3(1) def. of pharmacist inserted by No. 14/2000 s. 4(3), substituted by No. 80/2004 s. 150(Sch. 2 item 5), amended by No. 97/2005 s. 182(Sch. 4 item 44(c)), substituted by No. 13/2010 s. 51(Sch. item 48.2(b)).

"pharmacist" means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);

S. 3(1) def. of police custody officer inserted by No. 59/2015 s. 28.

"police custody officer" has the same meaning as in the Victoria Police Act 2013 ;


S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 147.1(a)).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of pre-registration certificate repealed by No. 57/1998 s. 4(3)(a).

    *     *     *     *     *

S. 3(1) def. of premises inserted by No. 110/2004 s. 22(1).

"premises "includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place;

S. 3(1) def. of prescribed alcohol interlock usage data requirements inserted by No. 49/2014 s. 36(1).

"prescribed alcohol interlock usage data requirements" means requirements specified by regulations made under item 57AA of Schedule 2;

S. 3(1) def. of prescribed concentration of alcohol amended by Nos 5/1990 s. 4(d), 94/2003 s. 8(1)(c).

"prescribed concentration of alcohol" means—

        (a)     in the case of a person to whom section 52 applies, the concentration of alcohol specified in that section; and

        (b)     in the case of any other person—

              (i)     a concentration of alcohol present in the blood of that person of 0·05 grams per 100 millilitres of blood; or

              (ii)     a concentration of alcohol present in the breath of that person of 0·05 grams per 210 litres of exhaled air;

S. 3(1) def. of prescribed concentration of drugs inserted by No. 111/2003 s. 4(1).

"prescribed concentration of drugs" means, in the   case of a prescribed illicit drug, any concentration of the drug present in the blood or oral fluid of that person;

S. 3(1) def. of prescribed illicit drug inserted by No. 111/2003 s. 4(1), amended by No. 20/2006 s. 3.

"prescribed illicit drug" means—

        (a)     methylamphetamine; or

        (ab)     3, 4-Methylenedioxy- N -Methylamphetamine (MDMA);

        (b)     delta-9-tetrahydrocannabinol;

S. 3(1) def. of prescribed road safety camera inserted by No. 28/2009 s. 4(2).

"prescribed road safety camera" means a type or class of road safety camera that is prescribed by regulations for the purposes of this Act;

S. 3(1) def. of prescribed speed detector inserted by No. 28/2009 s. 4(2).

"prescribed speed detector" means a type or class of speed detector that is prescribed by regulations for the purposes of this Act;

S. 3(1) def. of prescription drug inserted by No. 14/2000 s. 4(3).

"prescription drug", in relation to a person, means a Schedule 4 poison or Schedule 8 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 which that person is authorised or licensed by or under that Act to have in his or her possession;

S. 3(1) def. of presiding officer inserted by No. 4/2001 s. 29(1).

"presiding officer" has the same meaning as it has in the Constitution Act 1975 ;

S. 3(1) def. of prime mover inserted by No. 89/1991 s. 4(1)(f).

"prime mover" means a motor vehicle which is constructed, designed or adapted for connecting to a semi-trailer;

S. 3(1) def. of probationary driver infringement inserted by No. 5/1990 s. 4(e), repealed by No. 46/2002 s. 3(a).

    *     *     *     *     *

S. 3(1) def. of probationary driver licence inserted by No. 78/1987 s. 4(1)(c).

"probationary driver licence" means a licence referred to in section 21 during the period of probation of that licence;

S. 3(1) def. of prosecution officer amended by No. 44/1989 s. 41(Sch. 2 item 34.1(c)).

"prosecution officer" means—

        (a)     a person who is appointed by the Chief Commissioner of Police for the purposes of Part 7; or

        (b)     an officer of the Corporation who is authorised in writing to take proceedings either generally or in any particular case by the Corporation; or

        (c)     a person who is referred to in paragraph (c) or (e) of section 77(2) ;

S. 3(1) def. of protective services officer inserted by No. 43/2011 s. 39, substituted by No. 37/2014 s. 10(Sch. item 147.1(g)).

"protective services officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) defs of public place , recreation vehicle repealed by No. 57/1998 s. 4(4)(a).

    *     *     *     *     *

S. 3(1) def. of rail or bus operator inserted by No. 69/2007 s. 72.

"rail or bus operator" means a bus company, a passenger transport company or Rail Track;

S. 3(1) def. of Rail Track inserted by No. 69/2007 s. 72, substituted by No. 6/2010 s. 203(1)
(Sch. 6 item 42.1(d)) (as amended by No. 45/2010 s. 22).

"Rail Track" means Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010 ;

S. 3(1) def. of reasonable steps defence inserted by No. 110/2004 s. 22(1).

reasonable steps defence has the meaning set out in section 179 ;

S. 3(1) def. of register of written-off vehicles inserted by No. 92/2001 s. 5(3).

"register of written-off vehicles" means the register of written-off vehicles required by section 16D;

S. 3(1) def. of registered industry code of practice inserted by No. 74/2007 s. 3(h).

"registered industry code of practice" means an industry code of practice for which registration is in force under section 93B;

S. 3(1) def. of registered owner repealed by No. 30/1997 s. 7(a).

    *     *     *     *     *

S. 3(1) def. of registered medical practitioner inserted by No. 23/1994 s. 118(Sch. 1 item 50.1), amended by No. 97/2005 s. 182(Sch. 4 item 44(d)), substituted by No. 13/2010 s. 51(Sch. item 48.2(c)).

"registered medical practitioner "means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

S. 3(1)
new def. of registered owner inserted by No. 30/1997 s. 7(b), substituted as registered operator by No. 57/1998 s. 5(5)(a).

"registered operator" of a vehicle means the person recorded on the register as the person responsible for the vehicle;

S. 3(1) def. of registration number rights inserted by No. 49/2004 s. 23.

"registration number rights" means the rights set out in section 5AD;

S. 3(1) def. of Regulator inserted by No. 30/2013 s. 60(Sch. item 8.9).

"Regulator" has the same meaning as in the Heavy Vehicle National Law (Victoria);

S. 3(1) def. of relevant law or scheme inserted by No. 28/2009 s. 4(1).

"relevant law" or scheme means—

        (a)     a road or transport law; or

        (b)     a non-Victorian road or transport law; or

        (c)     an approved road transport compliance scheme;

S. 3(1) def. of responsible person inserted by No. 110/2004 s. 22(1).

"responsible person "means any person having, at a relevant time, a role or responsibilities associated with road transport, and includes any of the following—

        (a)     an owner of a heavy vehicle;

        (b)     a driver, including a two-up driver, of a heavy vehicle;

        (c)     an operator or registered operator of a heavy vehicle;

        (d)     a person in charge, or apparently in charge, of a heavy vehicle;

        (e)     a person in charge, or apparently in charge, of the garage address of a heavy vehicle or the driver base of a heavy vehicle;

        (f)     a person appointed under an approved road transport compliance scheme to have monitoring or other responsibilities under the scheme, such as responsibilities for certifying, monitoring or approving heavy vehicles under the scheme;

        (g)     an operator of an intelligent transport system;

        (h)     a person who consigns goods for transport by road;

              (i)     a person who packs goods in a freight container or other container or in a package or on a pallet for transport by road;

        (j)     a person who loads goods or a container on a heavy vehicle for transport by road;

        (k)     a person who unloads goods, or a container containing goods, consigned for transport by road;

        (l)     a person to whom goods are consigned for transport by road;

        (m)     a person who receives goods packed outside Australia in a freight container or other container or on a pallet for transport by road in Australia;

        (n)     an owner or operator of a weighbridge or other weighing facility used to weigh heavy vehicles or an occupier of premises where such a weighbridge or weighing facility is located;

        (o)     a person who consigned, or arranged for, or offered, a freight container to be transported by road;

        (p)     a person who controls, or directly influences, the loading or operation of a heavy vehicle;

        (q)     an agent, employer, employee or sub‑contractor of any person referred to in the preceding paragraphs of this definition;

S. 3(1) def. of rigid inserted by No. 89/1991 s. 4(1)(g), substituted by No. 57/1998 s. 5(6).

rigid means not articulated, other than in respect of an articulated bus;

S. 3(1) def. of road inserted by No. 57/1998 s. 6.

"road" means—

        (a)     an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles; or

        (b)     a place that is a road by virtue of a declaration under subsection (2)(a)—

but does not include a place that is not a road by virtue of a declaration under subsection (2)(a);

S. 3(1) def. of road infra-structure inserted by No. 110/2004 s. 22(1).

"road infrastructure" includes—

        (a)     a road, including its surface or pavement; and

        (b)     anything under or supporting a road or its surface or pavement and maintained by a road authority; and

        (c)     any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and

        (d)     any bridge or other work or structure located above, in or on a road and maintained by a road authority; and

        (e)     any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a)–(d); and

        (f)     anything declared by the regulations to be included in this definition;

but does not include anything declared by the regulations to be excluded from this definition;

S. 3(1) def. of road or transport law inserted by No. 110/2004 s. 22(1), amended by Nos 13/2009 s. 87, 28/2009 s. 4(4), 6/2010 s. 203(1)
(Sch. 6 item 42.1(e)) (as amended by No. 45/2010 s. 22).

"road or transport law" means—

        (a)     this Act;

        (aa)     the Bus Safety Act 2009 ;

        (b)     the Transport (Compliance and Miscellaneous) Act 1983 ;

        (c)     any regulation made under this Act or the Transport (Compliance and Miscellaneous) Act 1983 ;

        (d)     any rule;

S. 3(1) def. of road or transport law offence inserted by No. 110/2004 s. 22(1).

"road or transport law offence" means an offence against a road or transport law;

S. 3(1) def. of road related area
inserted by No. 57/1998 s. 6.

"road related area" means—

        (a)     an area that divides a road; or

        (b)     a footpath or nature strip adjacent to a road; or

        (c)     an area that is open to the public and is designated for use by cyclists or animals; or

        (d)     an area that is not a road and that is open to or used by the public for driving, riding or parking motor vehicles; or

        (e)     a place that is a road related area by virtue of a declaration under subsection (2)(a)—

but does not include a place that is not a road related area by virtue of a declaration under subsection (2)(a);

S. 3(1) def. of Road Rules inserted by No. 68/2017 s. 78.

"Road Rules" means the Road Safety Road Rules 2017 ;

S. 3(1) def. of road safety camera inserted by No. 28/2009 s. 4(2).

"road safety camera" means a system consisting of a camera and associated equipment that is used or intended to be used for the purpose of detecting the commission of offences against this Act or regulations made under this Act;

S. 3(1) def. of rules inserted by No. 28/2009 s. 4(1).

"rules" means rules made under section 95D;

S. 3(1) def. of second-stage behaviour change program inserted by No. 68/2017 s. 14(1).

"second-stage behaviour change program" means a behaviour change program approved by the Corporation under section 58I(2);

S. 3(1) def. of Secretary inserted by No. 44/2003 s. 4(b), amended by Nos 50/2012 s. 29(1), 70/2013 s. 4(Sch.  2 item 44.1), substituted by No. 70/2016 s. 41(1)(a).

"Secretary" means the Secretary to the Department of Economic Development, Jobs, Transport and Resources;

S. 3(1) def. of Secretary
to the Department
of Health inserted by No. 29/2010 s. 68(1)(c), substituted as Secretary
to the Department
of Health and Human Services by No. 70/2016 s. 40(1)(b).

"Secretary to the Department of Health and Human Services" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Health and Human Services;

S. 3(1) def. of semi-trailer inserted by No. 89/1991 s. 4(1)(g), substituted by No. 30/2013 s. 60(Sch. item 8.10).

"semi-trailer" means a trailer that has—

        (a)     one axle group or a single axle towards the rear; and

        (b)     a means of attachment to a prime mover that results in some of the mass of the trailer's load being imposed on the prime mover;

"serious injury" has the same meaning as in section 15 of the Crimes Act 1958 ;

S. 3(1) def. of speed detector inserted by No. 28/2009 s. 4(2).

"speed detector" means a device that is used or intended to be used for the purpose of detecting the commission of offences against this Act or regulations made under this Act;

S. 3(1) def. of substance inserted by No. 14/2000 s. 4(3).

"substance" means substance in any form (whether gaseous, liquid, solid or other) and includes material, preparation, extract and admixture;

S. 3(1) new def. of tailgating infringement inserted by No. 30/1997 s. 7(d), repealed by No. 81/2006 s. 39(b).

    *     *     *     *     *

S. 3(1) def. of tare mass inserted by No. 89/1991 s. 4(1)(h).

"tare mass", in relation to a trailer, means its unladen mass when it is in ordinary running condition and not carrying persons or goods;

S. 3(1) def. of tailgating infringement inserted by No. 5/1990 s. 4(f), repealed by No. 30/1997 s. 7(c).

    *     *     *     *     *

S. 3(1) def. of taxi-cab inserted by No. 58/1995 s. 4, amended by No. 6/2010 s. 203(1)
(Sch. 6 item 42.1(f)) (as amended by No. 45/2010 s. 22), repealed by No. 63/2017 s. 21(Sch. 1 item 8.1(b)).

    *     *     *     *     *

S. 3(1) def. of the register inserted by No. 57/1998 s. 6.

"the register" means the register of vehicles maintained in accordance with the regulations;
"tractor" means a motor vehicle that is a tractor by virtue of a declaration under subsection (2)(c);

S. 3(1) def. of traffic infringement amended by Nos 54/1987 s. 16(4)(a), 53/1989 s. 4(c), 5/1990 s. 4(g), 89/1991 s. 17(1)(a), 84/1994 s. 56, 30/1997 s. 7(e), 14/2000 s. 26(1), 37/2002 s. 51(1), 46/2002 s. 3(b), 111/2003 s. 4(3), 28/2009 s. 4(5), 6/2010 s. 203(1)(Sch.  6 item 42.1(g)) (as amended by No. 45/2010 s. 22), 77/2011 s. 3(2), 68/2017 s. 29(2).

"traffic infringement" means—

        (a)     an offence, other than a parking infringement, against this Act, the regulations or the rules which is a prescribed offence for the purposes of Part 7; or

        (b)     an offence against section 45E or 45F of the Environment Protection Act 1970 relating to the deposit of litter on, from or towards any vehicle; or

        (c)     an offence against the Transport (Compliance and Miscellaneous) Act 1983 or the regulations made under that Act which is a prescribed offence for the purposes of Part 7; or

        (d)     a drink-driving infringement; or

        (e)     an excessive speed infringement; or

        (f)     a drug-driving infringement; or

    *     *     *     *     *

        (h)     an offence against section 109 of the Transport Accident Act 1986 which is a prescribed offence for the purposes of Part 7;

S. 3(1) def. of trailer substituted by No. 57/1998 s. 5(7).

"trailer" means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed;

S. 3(1) def. of transport document-ation inserted by No. 110/2004 s. 22(1).

"transport documentation" means—

        (a)     any contractual documentation directly or indirectly associated with—

              (i)     a transaction for, or relating to, the actual or proposed transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or

              (ii)     goods or passengers themselves so far as the documentation is relevant to their actual or proposed transport; or

        (b)     any associated documentation—

              (i)     contemplated in the contractual documentation; or

              (ii)     required by law, or customarily provided, in connection with the contractual documentation or with the transaction—

whether or not the documentation has been transmitted physically, electronically or in any other manner;

Example

Examples of transport documentation include an invoice, delivery order, consignment note, load manifest, vendor declaration, export receival advice, bill of lading, contract of carriage, sea carriage document, and container weight declaration, relating to goods or passengers.

S. 3(1) def. of Tribunal repealed by No. 120/1993 s. 62.

    *     *     *     *     *

S. 3(1) def. of truck inserted by No. 89/1991 s. 4(1)(i), substituted by No. 57/1998 s. 5(8).

"truck" means a rigid motor vehicle that is principally constructed as a load carrying vehicle;

S. 3(1) def. of TSC inserted by No. 43/2013 s. 53(1), repealed by No. 63/2017 s. 21(Sch. 1 item 8.1(b)).

    *     *     *     *     *

S. 3(1) def. of two-up drive r inserted by No. 110/2004 s. 22(1).

"two-up driver" means a person who—

        (a)     shares with another person the driving of a heavy vehicle; and

        (b)     travels as a passenger on the vehicle whilst the other person is driving the vehicle;

S. 3(1) def. of use inserted by No. 57/1998 s. 6.

"use" of a vehicle includes standing the vehicle on a road or road related area;

"vehicle" means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes bicycle or other pedal-powered vehicle, trailer, tram-car and air-cushion vehicle but does not include railway locomotive or railway rolling stock;

S. 3(1) def. of vehicle identification number inserted by No. 81/2006 s. 39(a).

"vehicle identification number", in relation to a motor vehicle, means the 17 character alpha‑numeric identifier—

        (a)     placed on the vehicle in accordance with Australian Design Rule 61; or

        (b)     specified by the Corporation in accordance with the regulations—

that uniquely identifies the vehicle and sets it apart from similar vehicles;

S. 3(1) def. of vehicle identifier inserted by No. 81/2006 s. 39(a), amended by No. 75/2010 s. 12.

"vehicle identifier", in relation to a motor vehicle, means—

        (a)     in the case of a motor vehicle manufactured on or after 1 January 1989, the vehicle identification number permanently recorded on the vehicle; or

        (b)     in any other case, the chassis number marked on the vehicle in accordance with clause 58 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 or in accordance with a law of another State or a Territory that corresponds with that clause;

S. 3(1) def. of vehicle supervisor inserted by No. 8/2018 s. 3.

"vehicle supervisor", in relation to an automated vehicle specified in an ADS permit, means a person named in the application for the permit as a vehicle supervisor for the vehicle;

S. 3(1) def. of written-off vehicle inserted by No. 92/2001 s. 5(3).

written-off vehicle has the meaning given in section 16B.

S. 3(1A) inserted by No. 4/2001 s. 29(2), amended by No. 28/2009 s. 4(6).

    (1A)     The provisions of this Act, the regulations and the rules relating to—

        (a)     parking infringements (other than parking infringements involving a contravention of section 90E); and

        (b)     the parking of vehicles; and

        (c)     any other prescribed offence; and

        (d)     any other prescribed matter—

apply to the Parliamentary reserve as if the Parliamentary reserve were a highway.

    (2)     The Governor in Council may by Order published in the Government Gazette—

S. 3(2)(a) substituted by No. 57/1998 s. 4(4)(c).

        (a)     declare any place or class of places, whether open to vehicles or not, to be or not to be a road or roads or a road related area or road related areas for the purposes of this Act; and

        (b)     declare any motor vehicle or class of motor vehicles not to be a motor vehicle or motor vehicles for the purposes of this Act; and

        (c)     declare any motor vehicle or class of motor vehicles to be a tractor or tractors for the purposes of this Act; and

S. 3(2)(d) amended by No. 57/1998 s. 4(4)(d)(i).

        (d)     declare any vehicle, implement, machine or other structure or class of vehicles, implements, machines or other structures to be a trailer or trailers for the purposes of this Act.

S. 3(2)(e) repealed by No. 57/1998 s. 4(4)(d)(ii).

    *     *     *     *     *

S. 3(3) inserted by No. 14/2000 s. 4(4).

    (3)     The Minister may, by Order published in the Government Gazette, declare any substance to be a drug for the purposes of this Act.

S. 3(4) inserted by No. 14/2000 s. 4(4).

    (4)     The Director of the Victorian Institute of Forensic Medicine may, in writing, approve a person to take blood samples for the purposes of Part 5 if the Director is of the opinion that the person has the appropriate qualifications, training and experience to take such samples.

S. 3(5) inserted by No. 28/2009 s. 4(7).

    (5)     In this Act, unless the context otherwise requires, a reference to the regulations includes a reference to the rules.

S. 3(6) inserted by No. 28/2009 s. 4(7).

    (6)     For the avoidance of doubt, in this Act—

        (a)     a reference to a traffic signal includes a reference to a warning light, bell, gate, boom or barrier at a level crossing;

        (b)     a reference to a level crossing includes a reference to any area adjacent to the crossing that is denoted by painted cross-hatched road markings.

S. 3AAA inserted by No. 74/2007 s. 4.



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