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Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014

Legislation · Victoria · 2020
Authorised by the Chief Parliamentary Counsel Authorised Version i Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 S.R. No. 32/2014 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 2 4 Definitions 2 5 Safety work infringements 2 6 Transport safety infringements 2 7 Infringement notices 3 __________________ SCHEDULE—Transport Safety Infringements 4 Offences Against Marine Safety Laws 4 Offences Against Bus Safety Laws 32 Offences Against Local Rail Safety Laws 36 ═══════════════ ENDNOTES 38 -- 1 of 39 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) Act 2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 The Governor in Council makes the following Regulations: Dated: 13 May 2014 Responsible Minister: TERRY MULDER Minister for Public Transport CHIARA EDWARDS Acting Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to— (a) prescribe penalties for safety work infringements; and (b) prescribe transport safety infringements and infringement penalties in respect of those infringements; and (c) prescribe information to appear in infringement notices. 2 Authorising provision These Regulations are made under section 132 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014. -- 2 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 19 May 2014. 4 Definitions In these Regulations— infringement notice means a safety work infringement notice or a transport safety infringement notice; Notice means Notice No. 1 made under section 15(2) of the Marine Act 1988 published in Government Gazette Number G 26 on 2 July 1998 (pages 1706 to 1824) as amended from time to time. Note This Notice is taken to be waterway rules under section 342 of the Marine Safety Act 2010; the Act means the Transport (Safety Schemes Compliance and Enforcement) Act 2014. 5 Safety work infringements For the purposes of section 94(5) of the Act, the amount prescribed for the penalty for a safety work infringement (code 3220) is 3 penalty units. 6 Transport safety infringements (1) For the purposes of the definition of transport safety infringement in section 3 of the Act, an offence set out in Column 2 of the Table in the Schedule is prescribed as a transport safety infringement. (2) For the purposes of section 93(4) of the Act, the amount prescribed for a transport safety infringement penalty is the amount set out in Column 4 of the Table in the Schedule opposite the corresponding prescribed offence set out in Column 2 of that Table. r. 3 -- 3 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 3 Authorised by the Chief Parliamentary Counsel (3) A description of an offence set out in Column 3 of the Table in the Schedule opposite an offence set out in Column 2 of that Table is for convenience of reference only and does not affect the nature or elements of the offence to which such a description refers or the operation of these Regulations. Note Column 5 of the Table in the Schedule contains codes by which an infringement offence may be identified. 7 Infringement notices (1) In addition to the requirements of section 13 of the Infringements Act 2006, an infringement notice must state whether it is— (a) a safety work infringement; or (b) a transport safety infringement. (2) If the infringement notice is a safety work infringement notice, the infringement notice must explain the effect of sections 95 and 96 of the Act. __________________ r. 7 -- 4 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 4 Authorised by the Chief Parliamentary Counsel SCHEDULE Regulation 6 TRANSPORT SAFETY INFRINGEMENTS Offences Against Marine Safety Laws Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code Marine Safety Act 2010 1 s. 37(1) As owner, cause or allow an unregistered vessel or vessel not exempt from registration to be operated 5 penalty units 2252 2 s. 37(2) As master, operate an unregistered vessel or vessel not exempt from registration 5 penalty units 2251 3 s. 37(3) As owner or master, cause or allow operation of a vessel in breach of a condition of registration 2 penalty units 2253 4 s. 46(1), s. 49(1) Act as master of a registered recreational or regulated hire and drive vessel without a marine licence 5 penalty units 5799 Sch. -- 5 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 5 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 5 s. 46(2), s. 49(2) Operate a registered recreational vessel or regulated hire and drive vessel in breach of a condition of a marine licence 2 penalty units 5706 6 s. 47(1), s. 50(1) Act as master of a prescribed class or type of registered recreational vessel or regulated hire and drive vessel without a licence endorsement for that class or type of vessel 5 penalty units 5800 7 s. 47(2), s. 50(2) Operate a prescribed class or type of registered recreational vessel or regulated hire and drive vessel in breach of a prescribed condition or condition of the licence endorsement for that class or type of vessel 2 penalty units 5707 Sch. -- 6 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 6 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 8 s. 59 Act as master of a registered recreational vessel in breach of a condition of a licence or certificate issued in another State or Territory or country 2 penalty units 5708 9 s. 61 Act as master of a registered recreational vessel without being in possession of a marine licence document 1 penalty unit 5709 10 s. 80 Enter, leave or navigate or attempt to do so within waters for which local knowledge certificate required 2 penalty units 9439 11 s. 162A(4) Failing to allow a vessel or equipment on vessel to be inspected 2 penalty units 5848 12 An offence against s. 162A(5) constituted by a failure to comply with s. 162A(2)(b) Failing to stop or manoeuvre a vessel and produce for inspection equipment specified in a direction 2 penalty units 5849 Sch. -- 7 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 7 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 13 s. 162C(2) Failing to provide information concerning the identity and the location of the owner or master of a vessel 1⋅47 penalty units 5850 14 An offence against s. 197 constituted by a failure to comply with cl. 2(a) of the Notice Operate a vessel at a speed exceeding 5 knots within 50 metres of a person 2 penalty units 2257 15 An offence against s. 197 constituted by a failure to comply with cl. 2(b) of the Notice Operate a vessel at a speed exceeding 5 knots within 100 metres of a dive flag 2 penalty units 2258 16 An offence against s. 197 constituted by a failure to comply with cl. 2(c) of the Notice Operate a vessel at a speed exceeding 5 knots within 50 metres of another vessel 2 penalty units 2259 17 An offence against s. 197 constituted by a failure to comply with cl. 3 of the Notice Operate a vessel at a speed exceeding 5 knots within 50 metres of the water's edge or a structure 2 penalty units 2261 Sch. -- 8 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 8 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 18 An offence against s. 197 constituted by a failure to comply with cl. 4(a) of the Notice Operate a vessel at a speed exceeding 5 knots within 200 metres of the water's edge except in an access lane 2 penalty units 5793 19 An offence against s. 197 constituted by a failure to comply with cl. 4(b) of the Notice Operate a vessel at a speed exceeding 5 knots within 50 metres of a wharf or similar structure except in an access lane 2 penalty units 5794 20 An offence against s. 197 constituted by a failure to comply with cl. 4(c) of the Notice Operate a vessel at a speed exceeding 5 knots when passing through an anchorage for small craft 2 penalty units 5795 21 An offence against s. 197 constituted by a failure to comply with cl. 6(1)(a) of the Notice Operate a vessel towing a water- skier at greater than 5 knots and depart from or return to the shore other than through an access lane 2 penalty units 5796 22 An offence against s. 197 constituted by a failure to comply with cl. 6(1)(b) of the Notice Engage in water- skiing at greater than 5 knots and depart from or return to the shore other than through an access lane 2 penalty units 5797 Sch. -- 9 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 9 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 23 An offence against s. 197 constituted by a failure to comply with cl. 6(2) of the Notice Use an access lane other than for a purpose specified in cl. 6(2) of the Notice 2 penalty units 5798 24 An offence against s. 197 constituted by a failure to comply with cl. 6(3)(a) of the Notice Operate a vessel in an access lane at a speed greater than reasonably required 2 penalty units 5801 25 An offence against s. 197 constituted by a failure to comply with cl. 6(3)(b) of the Notice Operate a vessel in an access lane and fail to remove or beach vessel and secure equipment 2 penalty units 5802 26 An offence against s. 197 constituted by a failure to comply with cl. 6(3)(c) of the Notice Operate a vessel in an access lane and fail to keep right or left as required 2 penalty units 5803 27 An offence against s. 197 constituted by a failure to comply with cl. 6(3)(d) of the Notice Operate a vessel in an access lane and fail to give way 2 penalty units 5804 Sch. -- 10 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 10 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 28 An offence against s. 197 constituted by a failure to comply with cl. 7 of the Notice Operate a vessel at a speed exceeding the speed limit specified in the Notice for the area of water 2 penalty units 2264 29 An offence against s. 197 constituted by a failure to comply with cl. 8 of the Notice Enter prohibited area towing water- skier or when water-skiing 2 penalty units 2265 30 An offence against s. 197 constituted by a failure to comply with cl. 9 of the Notice Operate a vessel in a prohibited area 2 penalty units 2266 31 An offence against s. 197 constituted by a failure to comply with cl. 10 of the Notice Operate a vessel with an engine in a prohibited area 2 penalty units 2267 32 An offence against s. 197 constituted by a failure to comply with cl. 11 of the Notice Fail to operate vessel in a manner which creates minimal or no wash in a no wash zone 2 penalty units 2268 Sch. -- 11 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 11 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 33 An offence against s. 197 constituted by a failure to comply with cl. 12 of the Notice Operate a vessel or engage in an activity in a prohibited area of water 2 penalty units 2270 34 An offence against s. 197 constituted by a failure to comply with cl. 13 of the Notice Use waters contrary to conditions of use specified in the Notice 2 penalty units 2271 35 An offence against s. 197 constituted by a failure to comply with cl. 14 of the Notice Operate a vessel with an engine in a direction other than as permitted by the Notice in inland waters 2 penalty units 2269 36 An offence against s. 197 constituted by a failure to comply with cl. 15 of the Notice Fail to give way to another vessel when departing from shore on a vessel with an engine 2 penalty units 2272 37 An offence against s. 197 constituted by a failure to comply with cl. 16 of the Notice Bathe within 50 metres of a launching ramp being used or about to be used or an access lane 2 penalty units 2298 Sch. -- 12 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 12 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 38 An offence against s. 197 constituted by a failure to comply with cl. 17 of the Notice Operate a sailboard in contravention of cl. 17 of the Notice 2 penalty units 2260 39 An offence against s. 197 constituted by a failure to comply with cl. 19(b) of the Notice Operate a vessel towing more than 3 water-skiers 2 penalty units 5805 40 An offence against s. 197 constituted by a failure to comply with cl. 19(c) of the Notice Operate a vessel towing a water- skier between one hour after sunset and one hour before sunrise 2 penalty units 5806 41 An offence against s. 197 constituted by a failure to comply with cl. 22 of the Notice Operate a recreational or hire and drive vessel engaged in diving operations without exhibiting a flag indicating diver below that complies with the Notice 2 penalty units 2300 42 An offence against s. 197 constituted by a failure to comply with cl. 23 of the Notice Engage in diving without a buoy or flag displayed that complies with the Notice 2 penalty units 2301 Sch. -- 13 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 13 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 43 An offence against s. 197 constituted by a failure to comply with cl. 23A of the Notice Permit vessel to be moored or secured to navigation marker, beacon, buoy, pole or post 2 penalty units 2316 44 An offence against s. 197 constituted by a failure to comply with cl. 23B of the Notice Allow vessel to be anchored in a channel that is marked with beacons or buoys 2 penalty units 2317 Marine Safety Regulations 2012 45 reg. 15 Failing to notify the Safety Director of a change of details to the vessel provided under regulation 11(2)(d) 1 penalty unit 5862 46 reg. 16 Failing to notify the Safety Director of a change of name or address of registered person 1 penalty unit 5863 47 reg. 17 As person disposing of vessel registered in person's name, fail to comply with transfer requirements 1 penalty unit 5864 Sch. -- 14 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 14 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 48 reg. 18 As person acquiring registered vessel, fail to comply with transfer requirements 1 penalty unit 5865 49 reg. 24(2) As owner of a registered recreational vessel, fail to fix registration label on vessel in conspicuous position 1 penalty unit 2254 50 reg. 24(3) As owner of a registered recreational vessel that is not a personal watercraft, fail to ensure identification mark is painted or displayed in certain positions on vessel 2 penalty units 5810 51 reg. 24(5) As owner of a registered recreational vessel that is a personal watercraft, fail to ensure identification mark is painted or displayed in certain positions on vessel 2 penalty units 5811 52 reg. 24(7) Act as master of a registered vessel without identification mark displayed 2 penalty units 2255 Sch. -- 15 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 15 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 53 reg. 91(1) As master of a recreational vessel or hire and drive vessel, permit vessel to be fuelled at a wharf, jetty or pier with passengers on board 2 penalty units 2289 54 reg. 91(2) As master of a recreational vessel or hire and drive vessel, permit recreational vessel or hire and drive vessel to be restarted after being fuelled at a wharf, jetty or pier with passengers on board 2 penalty units 5813 55 reg. 92(1) Act as master of an overloaded recreational vessel or hire and drive vessel 2 penalty units 2293 56 reg. 93 Act as master of a recreational vessel or hire and drive vessel with overloaded flying bridge 2 penalty units 5814 Sch. -- 16 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 16 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 57 reg. 94(1) As master of a hire and drive vessel, permit vessel to go outside limits specified in safe operation certificate 2 penalty units 2326 58 reg. 95 As master of a vessel, tow a person without using an observer 2 penalty units 5812 59 reg. 96(1) Act as master of a recreational vessel in coastal waters if vessel is not equipped with sufficient quantity of particular items of equipment 1⋅25 penalty units 5756 (compasses) 5757 (buckets with lanyards) 5759 (red star parachute distress rockets) 5765 (dinghies or life rafts) 5753 (anchors, chains or lines) 5760 (hand-held orange smoke signals) Sch. -- 17 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 17 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 5761 (hand-held red distress flares) 5754 (electric or manual bilge pumping systems) 5755 (bailers) 5762 (oars, rowlocks or paddles) 5763 (waterproof buoyant torches) 5764 (lifebuoys) 60 reg. 96(2) Act as master of a recreational vessel in coastal waters if vessel is not equipped with sufficient quantity of particular items of equipment 2 penalty units 2340 (EPIRB) 5758 (marine radios) 5752 (personal flotation devices) Sch. -- 18 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 18 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 61 reg. 96(3) Act as master of a recreational vessel in enclosed waters if vessel is not equipped with sufficient quantity of particular items of equipment 1⋅25 penalty units 5753 (anchors, chains or lines) 5760 (hand- held orange smoke signals) 5761 (hand- held red distress flares) 5754 (electric or manual bilge pumping systems) 5755 (bailers) 5762 (oars, rowlocks or paddles) 5763 (waterproof buoyant torches) 5764 (lifebuoys) 62 reg. 96(4), reg. 96(6) Act as master of a recreational vessel in enclosed or inland waters if vessel is not equipped with sufficient quantity of particular items of equipment 2 penalty units 5752 (personal flotation devices) Sch. -- 19 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 19 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 63 reg. 96(5) Act as master of a recreational vessel in inland waters if vessel is not equipped with sufficient quantity of particular items of equipment 1⋅25 penalty units 5754 (electric or manual bilge pumping systems) 5755 (bailers) 5762 (oars, rowlocks or paddles) 5763 (waterproof buoyant torches) 5764 (lifebuoys) 64 reg. 97(1)(a) As master of a recreational vessel, fail to ensure that the vessel has the required number of portable fire extinguishers 1⋅25 penalty units 5766 65 reg. 97(1)(b) As master of a recreational vessel, fail to ensure that the vessel has a portable fire extinguisher that has the required minimum nominal capacity 1⋅25 penalty units 5767 Sch. -- 20 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 20 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 66 reg. 98(3) As master of a recreational vessel, fail to keep portable fire extinguishers in separate positions on vessel 1⋅25 penalty units 5770 67 reg. 99(2) Being owner of a recreational vessel, cause or allow vessel to be operated with required safety equipment that has not been maintained as required 1⋅25 penalty units 5768 68 reg. 99(3) Being owner of a recreational vessel, cause or allow vessel to be operated with required safety equipment that has not been serviced as required 1⋅25 penalty units 5769 69 reg. 100(1), reg. 100(2), reg. 100(3) Fail to wear required personal flotation device while in open area of recreational vessel or hire and drive vessel of 4⋅8 metres or less in length that is underway 2 penalty units 5771 Sch. -- 21 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 21 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 70 reg. 101(1) in any of the circumstances described in reg. 101(4)(a), (b), (c), (d) or (e) Fail to wear required personal flotation device while in open area of recreational vessel or hire and drive vessel of greater than 4⋅8 metres in length that is underway on coastal waters 2 penalty units 5815 71 reg. 101(2) in any of the circumstances described in reg. 101(4)(a), (b), (c), (d) or (e) Fail to wear required personal flotation device while in open area of recreational vessel or hire and drive vessel of greater than 4⋅8 metres in length that is underway on enclosed waters 2 penalty units 5816 72 reg. 101(3) in any of the circumstances described in reg. 101(4)(a), (b), (c), (d) or (e) Fail to wear required personal flotation device while in open area of recreational vessel or hire and drive vessel of greater than 4⋅8 metres in length that is underway on inland waters 2 penalty units 5817 Sch. -- 22 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 22 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 73 reg. 102(1), reg. 102(2), reg. 102(3) Fail to ensure that person under 10 years of age in open area of recreational vessel or hire and drive vessel underway wears required personal flotation device 2 penalty units 5772 74 reg. 103 Fail to wear required personal flotation device while being towed by vessel 2 penalty units 5773 75 reg. 104(1) As master of a recreational vessel or hire and drive vessel, cause or allow vessel to be operated when persons on board are not wearing required personal flotation devices 2 penalty units 5774 76 reg. 104(2) As master of a recreational vessel, cause or allow vessel to tow a person not wearing required personal flotation device 2 penalty units 5775 Sch. -- 23 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 23 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 77 reg. 110(1), reg. 110(2), reg. 110(3), reg. 110(4), reg. 110(5), reg. 110(6), reg. 110(7), reg. 110(8), reg. 110(9) As master, fail to ensure that vessel displays required navigation lights 2 penalty units 5818 78 reg. 111(1) As master, fail to ensure that vessel keeps to right of channel 2 penalty units 5819 79 reg. 111(2) As master, fail to ensure that vessel keeps out of the way of a vessel that can only safely navigate in a channel 2 penalty units 5820 80 reg. 112(1) As master of a power-driven vessel, fail to ensure vessel keeps out of the way 2 penalty units 5821 81 reg. 112(2) As master of a sailing vessel, fail to ensure vessel keeps out of the way 2 penalty units 5822 Sch. -- 24 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 24 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code Port Management (Local Ports) Regulations 2004 82 reg. 206 As master, moor vessel in a prohibited mooring area 1 penalty unit 5823 83 reg. 207 As master, berth vessel in a prohibited berthing area 1 penalty unit 5824 84 reg. 208(1) As master, moor vessel in a regulated mooring area without an authority 1 penalty unit 5825 85 reg. 209(1) As master, berth vessel in a regulated berthing area without an authority 1 penalty unit 5826 86 reg. 210(1) As master, moor vessel in a restricted mooring area for a period exceeding the specified period 1 penalty unit 5827 87 reg. 210(2) As master, moor vessel in a restricted mooring area at a time other than the specified period 1 penalty unit 5828 Sch. -- 25 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 25 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 88 reg. 211(1) As master, berth vessel in a restricted berthing area for a period exceeding the specified period 1 penalty unit 5829 89 reg. 211(2) As master, berth vessel in a restricted berthing area at a time other than the specified period 1 penalty unit 5830 90 reg. 300(1) Install a mooring in a local port 1 penalty unit 5831 91 reg. 301(1) As master, allow vessel to be berthed or moored in unrestricted berthing or mooring area for a continuous period exceeding 48 hours without an authority 1 penalty unit 5832 92 reg. 400 Leave vehicle standing in a local port 1 penalty unit 5833 93 reg. 531(3) Fail to comply with direction that vessel be moved 1 penalty unit 5834 94 reg. 532(3) Fail to comply with direction that vehicle be moved 1 penalty unit 5835 Sch. -- 26 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 26 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code Marine (Drug, Alcohol and Pollution Control) Act 1988 95 s. 28(1)(b) Operate or be the master or pilot of a vessel with— (a) blood alcohol level of 0·05 or more but less than 0·07g/100ml; or (b) breath alcohol level of 0·05 or more but less than 0·07g/210 litres of exhaled air— and— 3 penalty units 5851 (c) a prescribed concentration of zero blood or breath alcohol does not apply to the person; and (d) the person is aged 26 years or older at the time of the transport safety infringement Sch. -- 27 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 27 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 96 s. 28(1)(b) Operate or be the master or pilot of a vessel with— (a) blood alcohol level of 0·05 or more but less than 0·07g/100ml; or (b) breath alcohol level of 0·05 or more but less than 0·07g/210 litres of exhaled air— and— 3 penalty units 5852 (c) a prescribed concentration of zero blood or breath alcohol does not apply to the person; and (d) the person is aged under 26 years at the time of the transport safety infringement 97 s. 28(1)(b) Operate or be the master or pilot of a vessel with— (a) blood alcohol level of 0⋅05 or more but less than 0⋅07g/100ml; or 3 penalty units 5853 Sch. -- 28 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 28 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code (b) breath alcohol level of 0⋅05 or more but less than 0⋅07g/210 litres of exhaled air— and a prescribed concentration of zero blood or breath alcohol applies to the person 98 s. 28(1)(b) Operate or be the master or pilot of a vessel with blood alcohol level of 0⋅07 or more but less than 0⋅10g/100ml or breath alcohol level of 0⋅07 or more but less than 0⋅10g/210 litres of exhaled air 3 penalty units 5854 99 s. 28(1)(b) Operate or be the master or pilot of a vessel with— (a) blood alcohol level of less than 0⋅05g/100 ml; or 2⋅5 penalty units 5855 Sch. -- 29 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 29 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code (b) breath alcohol level of less than 0⋅05g/210 litres of exhaled air— and a prescribed concentration of zero blood or breath alcohol applies to the person 100 s. 28(1)(b) Operate or be the master or pilot of a vessel with blood alcohol level of 0⋅10 or more but less than 0⋅11g/100 ml or breath alcohol level of 0⋅10 or more but less than 0⋅11g/210 litres of exhaled air 4⋅25 penalty units 5856 101 s. 28(1)(b) Operate or be the master or pilot of a vessel with blood alcohol level of 0⋅11 or more but less than 0⋅12g/100 ml or breath alcohol level of 0⋅11 or more but less than 0⋅12g/210 litres of exhaled air 4⋅25 penalty units 5857 Sch. -- 30 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 30 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 102 s. 28(1)(b) Operate or be the master or pilot of a vessel with blood alcohol level of 0⋅12 or more but less than 0⋅13g/100 ml or breath alcohol level of 0⋅12 or more but less than 0⋅13g/210 litres of exhaled air 4⋅25 penalty units 5858 103 s. 28(1)(b) Operate or be the master or pilot of a vessel with blood alcohol level of 0⋅13 or more but less than 0⋅14g/100 ml or breath alcohol level of 0⋅13 or more but less than 0⋅14g/210 litres of exhaled air 4⋅25 penalty units 5859 104 s. 28(1)(b) Operate or be the master or pilot of a vessel with blood alcohol level of 0⋅14 or more but less than 0⋅15g/100 ml or breath alcohol level of 0⋅14 or more but less than 0⋅15g/210 litres of exhaled air 4⋅25 penalty units 5860 Sch. -- 31 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 31 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 105 s. 28(1)(bb) Operate or be the master or pilot of a vessel while the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in blood or oral fluid 3 penalty units 5861 Sch. -- 32 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 32 Authorised by the Chief Parliamentary Counsel Offences Against Bus Safety Laws Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code Bus Safety Act 2009 106 s. 19(1) As accredited bus operator, failing to ensure that each bus used to provide commercial or local bus services undergoes safety inspection 4 penalty units 9440 107 s. 19(2) As registered bus operator, failing to ensure that each bus used to provide commercial or local bus services undergoes safety inspection 4 penalty units 9441 108 s. 19(3) As accredited or registered bus operator, failing to arrange safety inspection when directed for bus service 4 penalty units 9442 109 s. 22A(1) Operating bus service if not registered or without an exemption 12 penalty units 9443 110 s. 22A(2) As registered bus operator, failing to comply with conditions of registration 12 penalty units 9444 Sch. -- 33 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 33 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 111 s. 22A(3) Registered bus operator registered in respect of commercial minibus service failing to ensure driver holds driver accreditation 12 penalty units 9445 112 s. 22A(4) Registered bus operator failing to ensure driver of bus holds appropriate driver licence 12 penalty units 9446 113 s. 33(3) Accredited bus operator failing to notify Safety Director of the recovery of, and to return the certificate of accreditation 4 penalty units 9447 114 s. 53 Accredited bus operator failing to return certificate of accreditation and number plates if accreditation cancelled or surrendered 12 penalty units 9448 115 s. 65 Accredited or registered bus operator failing to notify Safety Director of prescribed incidents 4 penalty units 9449 Sch. -- 34 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 34 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code Bus Safety Regulations 2010 116 reg. 7(1) Operator of school bus failing to ensure complying lights and signs fitted to bus 4 penalty units 9450 117 reg. 7(3) Driver of school bus failing to ensure lights, signs or hazard warning device operate when bus is stationary 2 penalty units 9451 118 reg. 7(6) Operator allowing bus to be used for school bus service before lights or hazard warning device are operational 4 penalty units 9452 119 reg. 8 Failing to ensure fire extinguishers fitted on bus are operational 2 penalty units 9453 120 reg. 9 Failing to ensure required safety notices are displayed in bus 0·4 penalty units 9454 121 reg. 10(1) Accredited bus operator failing to display number plates on buses 2 penalty units 9455 122 reg. 10(2) Displaying accredited bus operator plates when not accredited 2 penalty units 9456 Sch. -- 35 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 35 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 123 reg. 16(1) Failing to keep records in safe and secure location for specified period 1 penalty unit 9457 124 reg. 16(2) Failing to keep books and records in the English language 1 penalty unit 9458 125 reg. 25(1) Failing to comply with direction to undertake investigation into bus incident 0·4 penalty units 9459 126 reg. 25(2) Failing to commence investigation within 7 days of direction 0·4 penalty units 9460 127 reg. 25(5) Accredited bus operator failing to provide investigation report to Safety Director within specified time 1 penalty unit 9461 Sch. -- 36 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 36 Authorised by the Chief Parliamentary Counsel Offences Against Local Rail Safety Laws Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code Rail Safety (Local Operations) Act 2006 128 s. 34K(1) Rail transport operator failing to maintain register of safety interface agreements and arrangements 2·5 penalty units 9462 129 s. 34K(2) Road authority failing to maintain register of safety interface agreements and arrangements 2·5 penalty units 9463 130 s. 69A(3) Accredited rail transport operator failing to provide prescribed information 12 penalty units 9464 131 s. 69R(2) Registered person failing to make documents available for inspection 6 penalty units 9465 132 s. 69R(3) Registered person failing to maintain register of documents available for inspection 6 penalty units 9466 Sch. -- 37 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 37 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code Rail Safety (Local Operations) Regulations 2006 133 reg. 14(1), (2) Failing to review safety management system 3 penalty units 9467 134 reg. 40 Failing to maintain or prepare records relating to rail safety 1 penalty unit 9468 135 reg. 49(3) Failing to provide annual report to Safety Director 2 penalty units 9469 ═══════════════ Sch. -- 38 of 39 -- S.R. No. 32/2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 38 Authorised by the Chief Parliamentary Counsel ENDNOTES Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2013 is $144.36. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 39 of 39 --