Melbourne City Link Regulations 2009

i Melbourne City Link Regulations 2009 S.R. No. 7/2009 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Revocations 2 5 Definitions 3 PART 2—CANCELLATION OF ACCEPTANCE OF STATEMENTS 7 6 Prescribed period for rejecting statements 7 PART 3—EXEMPTIONS 8 7 Vehicles exempt from registration 8 8 Vehicles exempted from payment of tolls 8 PART 4—NOTICES FOR TOLL ZONES 11 9 Placement of notices 11 10 Information to be provided by notices 12 PART 5—PRESCRIBED TOLLING DEVICES AND PROCESSES 14 11 Prescribed tolling devices 14 12 Use of digital toll camera unit 14 13 Testing of digital toll camera unit 14 14 Process for production of printed image 16 PART 6—NOTICES AND CERTIFICATES 18 15 Form of infringement notices 18 16 Certificates issued by enforcement agency 19 17 Certificates as to registered operator of vehicle 19 18 Certificates issued by relevant corporation 20 -- 1 of 28 -- Regulation Page ii PART 7—MISCELLANEOUS 22 19 Prescribed administrative costs 22 20 Definition of enforcement agency with respect to certain functions 22 PART 8—TRANSITIONAL PROVISIONS 23 21 Transitional provisions 23 SCHEDULE 1—Revocations 24 SCHEDULE 2—Connecting Roads 25 PART A—WESTERN LINK 25 PART B—SOUTHERN LINK 25 PART C—EXTENSION ROAD 26 ═══════════════ -- 2 of 28 -- 1 STATUTORY RULES 2009 S.R. No. 7/2009 Melbourne City Link Act 1995 Melbourne City Link Regulations 2009 The Governor in Council makes the following Regulations: Dated: 3 February 2009 Responsible Minister: TIM PALLAS Minister for Roads and Ports RYAN HEATH 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 under section 72AA(1) of the Melbourne City Link Act 1995; and (b) to exempt from the payment of tolls certain vehicles which under the Agreement or the Extension Agreement may be exempted from tolls; and (c) to make provision for the exemption by the relevant corporation of vehicles from the requirement to be registered under Part 4 of the Melbourne City Link Act 1995; and -- 3 of 28 -- Part 1—Preliminary Melbourne City Link Regulations 2009 S.R. No. 7/2009 2 (d) to prescribe requirements in relation to placing notices on, or in the vicinity of, the Link road and Extension road; and (e) to prescribe tolling devices and the manner in which specified devices are to be used and tested; and (f) to prescribe the process for the production of images and messages for the purposes of Part 4 of the Melbourne City Link Act 1995; and (g) to prescribe additional details to be included in infringement notices and the form of evidentiary certificates; and (h) to prescribe administrative costs to be paid under a court order made under section 76 of the Melbourne City Link Act 1995; and (i) to prescribe a person to be an enforcement agency with respect to some of the enforcement agency functions under the Melbourne City Link Act 1995. 2 Authorising provision These Regulations are made under section 118 of the Melbourne City Link Act 1995. 3 Commencement These Regulations come into operation on 4 February 2009. 4 Revocations The Regulations listed in Schedule 1 are revoked. r. 2 -- 4 of 28 -- Part 1—Preliminary Melbourne City Link Regulations 2009 S.R. No. 7/2009 3 5 Definitions In these Regulations— 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 has the same meaning as in Division 3 of Part III of the Evidence Act 1958; connecting freeway means— (a) the Monash Freeway; (b) the Tullamarine Freeway; (c) the West Gate Freeway; connecting road means— (a) in respect of the Western Link, a road specified in Part A of Schedule 2; (b) in respect of the Southern Link, a road specified in Part B of Schedule 2; (c) in respect of the Extension road, a road specified in Part C of Schedule 2; 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, or electronic copy of that file, that is created by a digital toll camera unit and that contains— (a) a digital image; and (b) data indicating the toll zone in which the vehicle to which the image relates was driven; and r. 5 -- 5 of 28 -- Part 1—Preliminary Melbourne City Link Regulations 2009 S.R. No. 7/2009 4 (c) data from which the date on and time at which that vehicle was driven in the toll zone can be calculated; and (d) the checksum for that file; digital image means an image, or electronic copy of 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; digital toll camera unit means the device known as the Vehicle Registration Sensor Unit Part Number 8633 001-415; printed image means a printed image produced in accordance with the process in regulation 13(1); relevant corporation has the same meaning as it has in paragraph (a) of the definition of relevant corporation in section 3 of the Act; Southern Link means that part of the Link road described in section 6(1)(a) of the Act; tag means a vehicle transponder known as a Tag (Model Numbers TS 3204/00A, TS 3204/01A, TS 3204/02A, TS 3204/02B, TS 3203/10A, TS 3203/11A, TS 3203/10B, TS 3203/11B, TS 3203 1xA, or TS 3203/1xB); testing officer means— (a) the head, or a person authorised by the head, of a faculty, school or department providing education or training in electrical engineering, communications engineering or electronics engineering at a post-secondary education provider within the meaning of the Education and Training Reform Act 2006; or r. 5 -- 6 of 28 -- Part 1—Preliminary Melbourne City Link Regulations 2009 S.R. No. 7/2009 5 (b) a person, or a member of a class of persons, approved by the Secretary to the Department of Transport as being appropriately qualified to conduct tests for the purposes of these Regulations; or (c) the principal testing officer of a testing body accredited in the field of electrical testing by the National Association of Testing Authorities, Australia ACN 004 379 748 (NATA); or (d) a person who— (i) is a member of the Institution of Engineers Australia; and (ii) 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 (iii) is approved by the Chairperson of the Victorian Division of that Institution as being appropriately qualified to conduct tests for the purposes of these Regulations; the Act means the Melbourne City Link Act 1995; r. 5 -- 7 of 28 -- Part 1—Preliminary Melbourne City Link Regulations 2009 S.R. No. 7/2009 6 toll message file means a file in a digital format, or electronic copy of that file, that is created by a control unit which contains data indicating— (a) the toll zone in which the vehicle to which the image relates was driven; (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. Western Link means that part of the Link road described in section 6(1)(b) of the Act. __________________ r. 5 -- 8 of 28 -- Part 2—Cancellation of Acceptance of Statements Melbourne City Link Regulations 2009 S.R. No. 7/2009 7 PART 2—CANCELLATION OF ACCEPTANCE OF STATEMENTS 6 Prescribed period for rejecting statements For the purposes of section 72AA(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 28 days from the date on which an invoice is issued to the person nominated in the statement. __________________ r. 6 -- 9 of 28 -- Part 3—Exemptions Melbourne City Link Regulations 2009 S.R. No. 7/2009 8 PART 3—EXEMPTIONS 7 Vehicles exempt from registration For the purposes of section 73(5) of the Act, the relevant corporation may— (a) exempt a vehicle or class of vehicle from the requirement to be registered under Part 4 of the Act; and (b) make such exemptions— (i) 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 (ii) either unconditionally or subject to any specified conditions and either wholly or to such an extent as is specified; or (iii) so as to apply at all times or at particular times or periods of time. 8 Vehicles exempted from payment of tolls For the purposes of section 73(6) of the Act, the following vehicles and classes of vehicles are exempt from the payment of tolls— (a) an ambulance under the control of— (i) an ambulance service created by section 23 of the Ambulance Services Act 1986 or listed in Schedule 1 to that Act; or r. 7 -- 10 of 28 -- Part 3—Exemptions Melbourne City Link Regulations 2009 S.R. No. 7/2009 9 (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 Sustainability and Environment; or (iii) the Country Fire Authority; or (iv) the Australian Defence Force; (c) a vehicle under the control, or being driven by a member acting in the course of duty, of one of the following police forces or police services— (i) the police force of Victoria; or (ii) the Australian Federal Police; or (iii) the Military, Naval or Air Force Police of the Australian Defence Force; or (iv) the police service of another State or Territory; (d) a vehicle under the control of the State Emergency Service; (e) 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; r. 8 -- 11 of 28 -- Part 3—Exemptions Melbourne City Link Regulations 2009 S.R. No. 7/2009 10 (f) without limiting paragraphs (a) to (e), a vehicle that is an emergency vehicle within the meaning of the Road Safety (Road Rules) Regulations 1999 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 Rules within the meaning of the Road Safety (Road Rules) Regulations 1999. __________________ r. 8 -- 12 of 28 -- Part 4—Notices for Toll Zones Melbourne City Link Regulations 2009 S.R. No. 7/2009 11 PART 4—NOTICES FOR TOLL ZONES 9 Placement of notices (1) The Link corporation, with the consent of the Roads Corporation, must cause notices providing the information prescribed by regulation 10 to be placed on each connecting freeway specified in Column 1 of the Table at a place that is adjacent to the carriageway so as to face an approaching driver and that is within the location specified in Column 2 of the Table. TABLE Column 1 Connecting freeway Column 2 Location Tullamarine Freeway Southbound Between the Bulla Road entrance and the Bell Street exit West Gate Freeway Westbound Between the Montague Street entrance and the Western Link entrance Eastbound Between the Cook Street entrance and the Western Link entrance Between the Montague Street entrance and the Power Street exit Monash Freeway Northbound Between the Burke Road entrance and the Toorak Road exit (2) The Link corporation, with the consent of the Roads Corporation, must cause notices providing the information prescribed by regulation 10 to be placed on each connecting road, before each entrance to the Link road or Extension road and at a place that is adjacent to the carriageway so as to r. 9 -- 13 of 28 -- Part 4—Notices for Toll Zones Melbourne City Link Regulations 2009 S.R. No. 7/2009 12 face a driver who is approaching the Link road or Extension road. (3) A notice placed on a connecting freeway or a connecting road under subregulation (1) or (2) must be placed at a reasonable distance before each entrance to the Link road or Extension road so that a driver can safely avoid entering the Link road or Extension road. (4) If a notice under section 69A(1) of the Act has taken effect and no notice under section 69A(2) of the Act is in effect, then for the purposes of subregulation (2) in respect of the Extension road, a reference to the Link corporation is to be taken to be a reference to the Extension corporation in relation to a road specified in Part C of Schedule 2. (5) Nothing in this regulation prevents the Link corporation (or, if subregulation (4) applies, the Extension corporation), with the consent of the Roads Corporation, from causing notices other than notices referred to in this regulation to be placed on a connecting freeway or connecting road. 10 Information to be provided by notices (1) Notices referred to in regulation 9 must indicate that the driver is approaching the toll zone and that tolls will apply if a vehicle is driven in the toll zone. (2) A notice satisfies the requirements of subregulation (1) if it includes the expression "TAG OR PASS ONLY" or "TAG/PASS ONLY", whether or not other words or expressions are included in the notice. Note See regulation 21(1) for transitional arrangements. r. 10 -- 14 of 28 -- Part 4—Notices for Toll Zones Melbourne City Link Regulations 2009 S.R. No. 7/2009 13 (3) Without limiting subregulation (2), notices referred to in regulation 9 may include— (a) information as to how the user may register a vehicle that is driven in a toll zone; (b) any information that the Link corporation (or, if regulation 9(4) applies, the Extension corporation), with the consent of the Roads Corporation, considers necessary to assist users of a toll zone. __________________ r. 10 -- 15 of 28 -- Part 5—Prescribed Tolling Devices and Processes Melbourne City Link Regulations 2009 S.R. No. 7/2009 14 PART 5—PRESCRIBED TOLLING DEVICES AND PROCESSES 11 Prescribed tolling devices (1) For the purposes of Part 4 of the Act, a digital toll camera unit is a prescribed tolling device. (2) For the purposes of section 74 of the Act, a tag is a prescribed tolling device. 12 Use of digital toll camera unit For the purposes of Part 4 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 licence plate 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, before the occasion of its first use after that repair or modification; and (ii) in the case of all digital toll camera units, within a period of 6 months before the occasion of its use. 13 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— r. 11 -- 16 of 28 -- Part 5—Prescribed Tolling Devices and Processes Melbourne City Link Regulations 2009 S.R. No. 7/2009 15 (a) is satisfied that— (i) if positioned in the manner prescribed in regulation 12(a), the digital toll camera unit takes images of the licence plate 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 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 his or her name and qualifications. (2) The testing officer must, within 21 days after testing a digital toll camera unit— (a) give the record referred to in subregulation (1)(c) to the relevant corporation; and (b) give a copy of that record to the enforcement agency. (3) The relevant 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. r. 13 -- 17 of 28 -- Part 5—Prescribed Tolling Devices and Processes Melbourne City Link Regulations 2009 S.R. No. 7/2009 16 14 Process for production of printed image (1) An image or message is produced by a prescribed process for the purposes of Part 4 of the Act if— (a) a printed image is produced from a digital file created by 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. (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 r. 14 -- 18 of 28 -- Part 5—Prescribed Tolling Devices and Processes Melbourne City Link Regulations 2009 S.R. No. 7/2009 17 (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). (3) The checksum may be combined into— (a) the digital file with the digital image and data referred to in subregulation (2)(b); or (b) the toll message file. __________________ r. 14 -- 19 of 28 -- Part 6—Notices and Certificates Melbourne City Link Regulations 2009 S.R. No. 7/2009 18 PART 6—NOTICES AND CERTIFICATES 15 Form of infringement notices (1) An infringement notice in relation to an alleged offence against section 73(1) of the Act must contain the following additional details⎯ (a) the registered number or other identification of the vehicle which is alleged to have been driven in a toll zone; and (b) the name and address of the person alleged to have committed the offence or, if the notice is issued to the operator of the vehicle in accordance with Part 6AA of the Road Safety Act 1986, the words, "The Operator"; and (c) a statement to the effect that a copy of the image relating to the detection of the alleged offence and information as to the date on, and time and location at, which the alleged offence was detected may be inspected or purchased and the manner in which the inspection or purchase may be arranged. (2) An infringement notice in relation to an alleged offence against section 90A(2) of the Act must contain the following additional details⎯ (a) the name and address of the person to whom the restricted tolling information relates; and (b) a short description of the restricted tolling information alleged to have been used or disclosed contrary to section 90A(2); and r. 15 -- 20 of 28 -- Part 6—Notices and Certificates Melbourne City Link Regulations 2009 S.R. No. 7/2009 19 (c) a short description of the alleged use or disclosure of restricted tolling information contrary to section 90A(2). Note The requirements in these Regulations are additional to any applicable requirements in the Infringements Act 2006 and the Infringements (Reporting and Prescribed Details and Forms) Regulations 2006. 16 Certificates issued by enforcement agency A certificate under section 89(1) 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 89(1) 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 as to registered operator of vehicle (1) A certificate under section 89(2) of the Act is in the prescribed form if the certificate— (a) states that it is a certificate issued by the Roads Corporation or the Department of Transport or an authorised person (as the case may be) under section 89(2) of the Act; and r. 16 -- 21 of 28 -- Part 6—Notices and Certificates Melbourne City Link Regulations 2009 S.R. No. 7/2009 20 (b) certifies that, according to the records of the Roads Corporation or the Department of Transport (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 89(3A) contains the prescribed particulars if it— (a) states that it is a certificate issued by the Roads Corporation or the Department of Transport or an authorised person (as the case may be) under section 89(3A) of the Act; and (b) certifies that, according to the records of the Roads Corporation or the Department of Transport (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 (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. 18 Certificates issued by relevant corporation A certificate under section 89(4) 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 relevant corporation or a person authorised by the relevant corporation (as the case may be) under section 89(4) of the Act; and r. 18 -- 22 of 28 -- Part 6—Notices and Certificates Melbourne City Link Regulations 2009 S.R. No. 7/2009 21 (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 (c) certifies that, to the knowledge and belief of the person issuing the certificate or issuing the certificate on behalf of the relevant corporation, the matters set out in the certificate are true and correct. __________________ r. 18 -- 23 of 28 -- Part 7—Miscellaneous Melbourne City Link Regulations 2009 S.R. No. 7/2009 22 PART 7—MISCELLANEOUS 19 Prescribed administrative costs For the purposes of section 76 of the Act the prescribed administrative costs are $40 in respect of each charge found proven. 20 Definition of enforcement agency with respect to certain functions For the purposes of the definition of enforcement agency in section 3 of the Act, the Secretary to the Department of Justice is prescribed to be the enforcement agency with respect to the functions under— (a) section 77(1)(b)(i) of the Act; and (b) section 78(1) of the Act. __________________ r. 19 -- 24 of 28 -- Part 8—Transitional Provisions Melbourne City Link Regulations 2009 S.R. No. 7/2009 23 PART 8—TRANSITIONAL PROVISIONS 21 Transitional provisions (1) A notice that complied with regulation 302(2) of the Melbourne City Link (General) Regulations 1999 immediately before 4 February 2009 is, on and from 4 February 2009, deemed to comply with regulation 10(2) of these Regulations until 4 May 2009. (2) A person that was authorised by the head of a faculty or department under paragraph (a) of the definition of testing officer in regulation 103 of the Melbourne City Link (General) Regulations 1999 immediately before 4 February 2009 is, on and from 4 February 2009, deemed to be a person authorised by the head of a faculty, school or department under paragraph (a) of the definition of testing officer in regulation 5. __________________ r. 21 -- 25 of 28 -- Melbourne City Link Regulations 2009 S.R. No. 7/2009 24 SCHEDULE 1 Regulation 4 REVOCATIONS S.R. No. Title 55/1999 Melbourne City Link (General) Regulations 1999 22/1999 Melbourne City Link (Prescribed Administrative Costs) Regulations 1999 132/2000 Melbourne City Link (General) (Amendment) Regulations 2000 174/2001 Melbourne City Link (General) (Further Amendment) Regulations 2001 140/2005 Melbourne City Link (General) (Amendment) Regulations 2005 116/2007 Melbourne City Link (General) (Amendment) Regulations 2007 __________________ Sch. 1 -- 26 of 28 -- Melbourne City Link Regulations 2009 S.R. No. 7/2009 25 SCHEDULE 2 Regulations 5 and 9 CONNECTING ROADS PART A—WESTERN LINK Pascoe Vale Road Moreland Road Coonans Road Brunswick Road Ormond Road Flemington Road Mt Alexander Road Racecourse Road Dynon Road Footscray Road PART B—SOUTHERN LINK Kings Way Power Street Olympic Boulevard (Swan Street) Alexandra Avenue Punt Road Cremorne Street Gibdon Street Barkly Avenue Twickenham Crescent Loyola Grove Sch. 2 -- 27 of 28 -- Melbourne City Link Regulations 2009 S.R. No. 7/2009 26 Grange Road Yarra Boulevard Toorak Road PART C—EXTENSION ROAD Exhibition Street Flinders Street Swan Street ═══════════════ Sch. 2 -- 28 of 28 --