EastLink Project Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i EastLink Project Regulations 2016 S.R. No. 150/2016 TABLE OF PROVISIONS Regulation Page Part 1—Preliminary 1 1 Objectives 1 2 Authorising provision 2 3 Revocations 2 4 Definitions 3 Part 2—Exemptions 7 5 Vehicles exempt from payment of tolls 7 6 Vehicles exempt from registration 9 Part 3—Notices for toll zones 10 7 Placement of notices 10 8 Information to be provided by notices 10 Part 4—Cancellation of acceptance of statement 11 9 Prescribed period for nomination rejection statement 11 Part 5—Prescribed tolling system, tolling devices and processes 12 10 Prescribed tolling system 12 11 Prescribed tolling devices 12 12 Prescribed manner of use of digital toll camera unit 12 13 Prescribed manner of testing of digital toll camera unit 13 14 Prescribed process for production of printed image 14 Part 6—Certificates 16 15 Certificates as to registered operator of vehicle 16 16 Certificates issued by enforcement agency 17 17 Certificates issued by Freeway Corporation 17 Part 7—Miscellaneous 19 18 Prescribed administrative costs 19 ═══════════════ Endnotes 20 -- 1 of 21 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 150/2016 EastLink Project Act 2004 EastLink Project Regulations 2016 The Governor in Council makes the following Regulations: Dated: 13 December 2016 Responsible Minister: LUKE DONNELLAN Minister for Roads and Road Safety ANDREW ROBINSON Clerk of the Executive Council Part 1—Preliminary 1 Objectives The objectives of these Regulations are— (a) to prescribe the period in which a nomination rejection statement can be given; and (b) to prescribe the form of evidentiary certificates; and (c) to prescribe tolling devices; and (d) to prescribe the process for the production of images or messages; and (e) to prescribe the manner in which the tolling devices are to be tested, installed, used and maintained; and -- 2 of 21 -- Part 1—Preliminary EastLink Project Regulations 2016 S.R. No. 150/2016 2 Authorised by the Chief Parliamentary Counsel (f) to prescribe the manner in which information from the tolling devices is to be handled for the purpose of tolling; and (g) to exempt from the payment of tolls vehicles or classes of vehicle that under the Agreement may be exempted from the payment of tolls; and (h) to provide for the exemption of vehicles from the requirement to be registered under Part 9 of the EastLink Project Act 2004; and (i) to require the Freeway Corporation to cause notices to be placed before each entrance to EastLink; and (j) to prescribe administrative costs to be paid under a court order made under section 206B of the EastLink Project Act 2004; and (k) to prescribe other matters required to be prescribed for the purposes of the EastLink Project Act 2004. 2 Authorising provision These Regulations are made under section 258 of the EastLink Project Act 2004. 3 Revocations The following Regulations are revoked— (a) the EastLink Project Regulations 2008 1 ; (b) the EastLink Project Amendment (Prescribed Administrative Costs) Regulations 2013 2 ; (c) the EastLink Project Amendment Regulations 2014 3 ; (d) the EastLink Project Amendment Regulations 2016 4 . -- 3 of 21 -- Part 1—Preliminary EastLink Project Regulations 2016 S.R. No. 150/2016 3 Authorised by the Chief Parliamentary Counsel 4 Definitions In these Regulations— Airservices Australia means the body established under section 7 of the Air Services Act 1995 of the Commonwealth; checksum means a number produced by the application of an algorithm to the contents of a digital file (other than a checksum contained in the file); computer means any electronic device for storing or processing information; control unit means a computer that temporarily stores images taken by a digital toll camera unit; digital file means a file in a digital format that is created by a digital toll camera unit, or an electronic copy of such a file, that contains the following— (a) a digital image; (b) data indicating the toll zone in which the vehicle to which the image relates was driven; (c) data from which the date on and the time at which that vehicle was driven in the toll zone can be calculated; (d) the checksum for that file; digital image means— (a) an image of a vehicle or part of a vehicle that has been taken and processed into a digital format by a digital toll camera unit; or (b) an electronic copy of an image referred to in paragraph (a); -- 4 of 21 -- Part 1—Preliminary EastLink Project Regulations 2016 S.R. No. 150/2016 4 Authorised by the Chief Parliamentary Counsel digital toll camera unit means any of the following devices— (a) the device known as the Vehicle Registration Sensor: Kapsch Part Number 8633 001-415; (b) the device known as the Vehicle Registration Sensor Controller: Kapsch Part Number 8633 001-093; (c) the device known as the Vehicle Registration Sensor: Kapsch Part Number 8633 004-262B; (d) the device known as the Vehicle Registration Sensor: Kapsch Part Number 340 333-400-00; (e) the device known as the Vehicle Registration Sensor: Kapsch Part Number VRX-2400-LPI; (f) the device known as the Vehicle Registration Sensor Controller: Kapsch Part Number 8633 005-028; printed image means a printed image produced in accordance with the process in regulation 14; registration number includes licence plate number; responsible road authority has the same meaning as it has in section 3(1) of the Road Management Act 2004; tag means any of the following devices— (a) the vehicle transponder known as the Kapsch TS 3203/80; (b) the vehicle transponder known as the Kapsch TS 3203/80A; -- 5 of 21 -- Part 1—Preliminary EastLink Project Regulations 2016 S.R. No. 150/2016 5 Authorised by the Chief Parliamentary Counsel testing officer means— (a) the head, or a person authorised by the head, of a faculty or department providing education or training in electrical engineering, communications engineering or electronics engineering at a university or TAFE institute within the meaning of the Education and Training Reform Act 2006; or (b) a person, or a member of a class of persons, approved by the Secretary to the Department of Economic Development, Jobs, Transport and Resources as being appropriately qualified to conduct tests for the purposes of these Regulations; or (c) a testing officer of a testing facility accredited by the National Association of Testing Authorities, Australia ACN 004 379 748 (NATA); or (d) a person who— (i) holds a Bachelor or higher degree in the field of electrical engineering, communications engineering or electronics engineering from a university within the meaning of the Education and Training Reform Act 2006; and (ii) is a member of the Institution of Engineers Australia; and (iii) is approved by the President of the Victorian Division of that Institution as being appropriately qualified to conduct tests for the purposes of these Regulations; -- 6 of 21 -- Part 1—Preliminary EastLink Project Regulations 2016 S.R. No. 150/2016 6 Authorised by the Chief Parliamentary Counsel the Act means the EastLink Project Act 2004; toll message file means a digital file created by a control unit which contains data indicating— (a) the toll zone in which the vehicle that the image relates to was driven; and (b) the date on and the time at which that vehicle was driven in the toll zone; and (c) a checksum for each digital image. -- 7 of 21 -- Part 2—Exemptions EastLink Project Regulations 2016 S.R. No. 150/2016 7 Authorised by the Chief Parliamentary Counsel Part 2—Exemptions 5 Vehicles exempt from payment of tolls For the purposes of section 198(2) of the Act, the following vehicles and classes of vehicle are exempt from the payment of a toll and toll administration fees— (a) an ambulance under the control of— (i) an ambulance service within the meaning of the Ambulance Services Act 1986; or (ii) an ambulance service created under a law in force in another State or in a Territory of the Commonwealth that the Minister, by notice in the Government Gazette, declares to be an ambulance service to which this paragraph applies; or (iii) the Australian Defence Force; (b) a fire service unit under the control of— (i) the Metropolitan Fire and Emergency Services Board; or (ii) the Department of Environment, Land, Water and Planning; or (iii) the Country Fire Authority; or (iv) the Australian Defence Force; (c) a vehicle under the control of, or being driven by, a police officer acting in the course of duty; (d) a vehicle under the control of, or being driven by, a member acting in the course of duty, of one of the following police forces or police services— -- 8 of 21 -- Part 2—Exemptions EastLink Project Regulations 2016 S.R. No. 150/2016 8 Authorised by the Chief Parliamentary Counsel (i) the Australian Federal Police; (ii) the Military, Naval or Air Force Police of the Australian Defence Force; (iii) the police service of another State or a Territory; (e) a vehicle under the control of the Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005; (f) a vehicle under the control of the Emergency Management Commissioner (within the meaning of the Emergency Management Act 2013); (g) a vehicle under the control of the Australian Defence Force that is being used to convey any of its members or property while on march or duty; (h) a vehicle being used to convey a member of the Australian Army engaged in connection with emergency ordnance disposal procedures; (i) a vehicle under the control of Airservices Australia; (j) without limiting paragraphs (a) to (i), a vehicle that is an emergency vehicle within the meaning of the Road Safety Road Rules 20095 and is being operated or used in the performance of emergency services. Note See the definition of emergency vehicle in the dictionary to the Road Safety Road Rules 2009. -- 9 of 21 -- Part 2—Exemptions EastLink Project Regulations 2016 S.R. No. 150/2016 9 Authorised by the Chief Parliamentary Counsel 6 Vehicles exempt from registration (1) For the purposes of section 204(9) of the Act, the body that may exempt a vehicle or class of vehicle from the requirement to be registered under Part 9 of the Act is the Freeway Corporation. (2) An exemption referred to in subregulation (1) may be made— (a) the same for all cases, or different for different cases or classes of case, or different for the same case or class of case for different purposes; or (b) either unconditionally or subject to any specified conditions and either wholly or to such an extent as is specified; or (c) so as to apply at all times or at particular times or periods of time. -- 10 of 21 -- Part 3—Notices for toll zones EastLink Project Regulations 2016 S.R. No. 150/2016 10 Authorised by the Chief Parliamentary Counsel Part 3—Notices for toll zones 7 Placement of notices (1) The Freeway Corporation, with the consent of the responsible road authority, must cause a notice providing the information specified in regulation 8 to be placed on every road that connects to EastLink, before each entrance to EastLink and at a place that is adjacent to the carriageway so as to face a driver who is approaching EastLink. (2) A notice placed on a road that connects to EastLink under subregulation (1) must be placed at a reasonable distance before each entrance to EastLink so that a driver can safely avoid entering EastLink. (3) Nothing in this regulation prevents the Freeway Corporation, with the consent of the responsible road authority, from causing notices other than notices referred to in this regulation to be placed on any road in the vicinity of EastLink. 8 Information to be provided by notices (1) A notice referred to in regulation 7 must indicate that the driver is approaching EastLink and that tolls will apply if a vehicle is driven on EastLink. (2) A notice may include— (a) information as to how a user of EastLink may register a vehicle that is driven in a toll zone; and (b) any information that the Freeway Corporation, with the consent of the Authority, considers necessary to assist users of EastLink. -- 11 of 21 -- Part 4—Cancellation of acceptance of statement EastLink Project Regulations 2016 S.R. No. 150/2016 11 Authorised by the Chief Parliamentary Counsel Part 4—Cancellation of acceptance of statement 9 Prescribed period for nomination rejection statement For the purposes of section 199A(1) of the Act, the prescribed period for a person nominated in a statement as being the responsible person to give a nomination rejection statement to an authorised person is 14 days from the date on which an invoice is issued to the person nominated in the statement. -- 12 of 21 -- Part 5—Prescribed tolling system, tolling devices and processes EastLink Project Regulations 2016 S.R. No. 150/2016 12 Authorised by the Chief Parliamentary Counsel Part 5—Prescribed tolling system, tolling devices and processes 10 Prescribed tolling system For the purposes of Part 9 of the Act, the prescribed tolling system is the tolling system installed, used and maintained in accordance with the Agreement. 11 Prescribed tolling devices (1) For the purposes of Part 9 of the Act, a digital toll camera unit is a prescribed tolling device. (2) For the purposes of section 206 of the Act, a tag is a prescribed tolling device. 12 Prescribed manner of use of digital toll camera unit For the purposes of Part 9 of the Act, a digital toll camera unit is used in the prescribed manner if— (a) it is positioned so that the digital toll camera unit takes images of the registration numbers of vehicles driven in the toll zone and transmits the images taken to a control unit; and (b) it has been tested in the manner set out in regulation 13; and (c) it is tested at the following times— (i) in the case of a digital toll camera unit that has been repaired or modified, after the repairs or modifications are made and before the occasion of the digital toll camera unit's first use after the repairs or modifications; and -- 13 of 21 -- Part 5—Prescribed tolling system, tolling devices and processes EastLink Project Regulations 2016 S.R. No. 150/2016 13 Authorised by the Chief Parliamentary Counsel (ii) in any case, within a period of 24 months before the occasion of its use. 13 Prescribed manner of testing of digital toll camera unit (1) A digital toll camera unit is tested in the prescribed manner if the testing officer who tests the unit— (a) is satisfied that— (i) if positioned in the manner prescribed in regulation 12(a), the digital toll camera unit takes images of the registration numbers of vehicles driven in the toll zone and transmits the images taken to a control unit; and (ii) any maintenance or repairs carried out on the digital toll camera unit have been carried out in a satisfactory manner; and (b) makes a full and accurate record of each digital toll camera unit tested, including— (i) the serial number of the unit tested; and (ii) the date on and the time at which the test was carried out; and (iii) a statement that the unit satisfied each of the testing requirements in paragraph (a); and (c) signs the record referred to in paragraph (b) and sets out in the record the testing officer's name and qualifications. -- 14 of 21 -- Part 5—Prescribed tolling system, tolling devices and processes EastLink Project Regulations 2016 S.R. No. 150/2016 14 Authorised by the Chief Parliamentary Counsel (2) The testing officer must, within 21 days after testing a digital toll camera unit— (a) give the record referred to in subregulation (1)(b) to the Freeway Corporation; and (b) give a copy of that record to the enforcement agency. (3) The Freeway Corporation must retain a record given to it under subregulation (2)(a) for at least one year after the date on which the test was carried out. 14 Prescribed process for production of printed image (1) For the purposes of Part 9 of the Act, an image or message is produced by a prescribed process if— (a) a printed image is produced from a digital file created by a digital toll camera unit by the processes set out in subregulation (2); and (b) the data contained in the digital file has been verified by a computer— (i) recalculating the checksum for that file; and (ii) confirming that the checksum produced by the recalculation is identical to the checksum contained in that file, or the toll message file; and (c) the printed image contains an image derived from the digital image (with or without decompressing the digital image) and a message indicating— (i) the toll zone in which the vehicle to which the image relates was driven; and (ii) the date on and the time at which that vehicle was driven in the toll zone. -- 15 of 21 -- Part 5—Prescribed tolling system, tolling devices and processes EastLink Project Regulations 2016 S.R. No. 150/2016 15 Authorised by the Chief Parliamentary Counsel (2) A digital file is created by a digital toll camera unit if the digital toll camera unit processes the image taken by itself and used in the prescribed manner by— (a) converting the image taken into a digital format (with or without compressing the image so taken); and (b) generating data— (i) indicating the toll zone in which the vehicle to which the image relates was driven; and (ii) from which the date on and the time at which that vehicle was driven in the toll zone can be calculated; and (c) calculating a checksum for the digital file; and (d) combining into one digital file the digital image with the data referred to in paragraph (b) and the checksum referred to in paragraph (c). -- 16 of 21 -- Part 6—Certificates EastLink Project Regulations 2016 S.R. No. 150/2016 16 Authorised by the Chief Parliamentary Counsel Part 6—Certificates 15 Certificates as to registered operator of vehicle (1) A certificate under section 221(1) of the Act is in the prescribed form if the certificate— (a) states that it is a certificate issued by VicRoads or the Department of Economic Development, Jobs, Transport and Resources or an authorised person (as the case may be) under section 221(1) of the Act; and (b) certifies that, according to the records of VicRoads or the Department of Economic Development, Jobs, Transport and Resources (as the case may be), on a specified date the vehicle specified in the certificate was registered under the Road Safety Act 1986 in the name of the person specified in the certificate. (2) A certificate under section 221(3) of the Act contains the prescribed particulars if the certificate— (a) states that it is a certificate issued by VicRoads or the Department of Economic Development, Jobs, Transport and Resources or an authorised person (as the case may be) under section 221(3) of the Act; and (b) certifies that, according to the records of VicRoads or the Department of Economic Development, Jobs, Transport and Resources (as the case may be), on a date specified in the certificate— (i) the registration number specified in the certificate was assigned to a vehicle specified in the certificate; or -- 17 of 21 -- Part 6—Certificates EastLink Project Regulations 2016 S.R. No. 150/2016 17 Authorised by the Chief Parliamentary Counsel (ii) a person specified in the certificate was entitled, or last entitled, to use or possess a number plate bearing a registration number specified in the certificate. 16 Certificates issued by enforcement agency A certificate under section 221A of the Act is in the prescribed form if the certificate— (a) states that it is a certificate issued by the enforcement agency under section 221A of the Act; and (b) certifies— (i) that the matters set out in the certificate appear in, or have been calculated from, the records kept by the enforcement agency; and (ii) that, to the knowledge and belief of the person issuing the certificate on behalf of the enforcement agency, the matters set out in the certificate are true and correct. 17 Certificates issued by Freeway Corporation A certificate under section 222 of the Act is in the prescribed form if, in addition to any of the matters referred to in that section, the certificate— (a) states that it is a certificate issued by the Freeway Corporation or a person authorised by the Freeway Corporation (as the case may be) under section 222 of the Act; and (b) in the case of a certificate certifying that a printed image was produced by a prescribed process, is issued by the person who caused the printed image to be printed; and -- 18 of 21 -- Part 6—Certificates EastLink Project Regulations 2016 S.R. No. 150/2016 18 Authorised by the Chief Parliamentary Counsel (c) certifies that, to the knowledge and belief of the person issuing the certificate or issuing the certificate on behalf of the Freeway Corporation, the matters set out in the certificate are true and correct. -- 19 of 21 -- Part 7—Miscellaneous EastLink Project Regulations 2016 S.R. No. 150/2016 19 Authorised by the Chief Parliamentary Counsel Part 7—Miscellaneous 18 Prescribed administrative costs For the purposes of section 206B(1) of the Act, the prescribed administrative costs are $40 in respect of each charge found proven. ═══════════════ -- 20 of 21 -- Endnotes EastLink Project Regulations 2016 S.R. No. 150/2016 20 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 3(a): S.R. No. 81/2008 as amended by S.R. Nos 104/2013, 167/2014 and 36/2016. 2 Reg. 3(b): S.R. No. 104/2013. 3 Reg. 3(c): S.R. No. 167/2014. 4 Reg. 3(d): S.R. No. 36/2016. 5 Reg. 5(j): S.R. No. 94/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 88/2013. Subsequently amended by S.R. Nos 134/2013, 151/2013, 68/2014, 132/2014, 146/2014, 86/2015, 120/2015, 125/2015 and 98/2016. -- 21 of 21 --