Road Safety (General) Regulations 2009

i Road Safety (General) Regulations 2009 S.R. No. 115/2009 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Revocation 2 5 Definitions 2 6 Certificates under section 78A, 83A or 84 4 PART 2—EVIDENCE RELATING TO ALCOHOL AND DRUG OFFENCES 6 7 Preliminary breath test devices 6 8 Procedure for breath analysis 6 9 Certificate under section 55(4) 6 10 Procedure for taking blood sample 7 11 Procedures after taking blood samples 7 12 Certificate under section 57(3) 9 13 Certificate under section 57(4) 9 14 Certificate under section 57(4A) 10 15 Certificate under section 57(4B) 11 16 Oral fluid testing devices 11 17 Procedure for carrying out preliminary oral fluid test 11 18 Procedure for taking oral fluid samples under section 55E 12 19 Procedure after taking oral fluid sample 12 20 Certificate under section 57B(3) 13 21 Certificate under section 57B(4) 13 22 Notice of immediate licence suspension 14 23 Particulars of report of assessment of drug impairment 15 24 Procedure for collecting urine sample 17 25 Procedures after collecting urine samples 17 26 Certificate under section 57A(3) 18 27 Certificate under section 57A(4) 19 28 Certificate under section 57A(5) 19 -- 1 of 147 -- Regulation Page ii PART 3—EVIDENCE RELATING TO SPEEDING AND OTHER OFFENCES 21 Division 1—Road safety cameras and prescribed processes 21 29 Offences detected by road safety cameras or prescribed processes 21 30 Prescribed road safety cameras 22 Division 2—Fixed analogue road safety cameras 23 31 Use of fixed analogue road safety cameras 23 Division 3—Mobile analogue road safety cameras 24 32 Testing of mobile analogue road safety cameras 24 33 Sealing of mobile analogue road safety cameras 24 34 Use of mobile analogue road safety cameras 24 Division 4—Fixed digital road safety cameras 25 35 Testing of fixed digital road safety cameras 25 36 Sealing of fixed digital road safety cameras 25 37 Use of fixed digital road safety cameras 26 Division 5—Mobile digital road safety cameras 27 38 Testing of mobile digital road safety cameras 27 39 Sealing of mobile digital road safety cameras 27 40 Use of mobile digital road safety cameras 28 Division 6—Speed detectors 28 41 Prescribed speed detectors 28 42 Testing of speed detectors 29 43 Sealing of speed detectors 29 44 Use of digitectors 30 45 Use of laser devices 30 46 Use of radar devices 31 Division 7—Prescribed processes 32 47 Process for production of printed image 32 48 Prescribed process for the calculation of average speed 33 Division 8—Other matters 33 49 Interference with road safety cameras 33 50 Interference with speed detectors 34 51 Record keeping requirements 34 52 Certificate as to testing and sealing road safety camera or speed detector 36 -- 2 of 147 -- Regulation Page iii Division 9—Engine management system reading devices 36 53 Specified engine management system reading devices 36 54 Use of engine management system reading device 37 55 Obtaining information from an engine management system reading device 37 PART 4—VEHICLE IMPOUNDMENT, IMMOBILISATION AND FORFEITURE 39 56 Notice to driver and registered operator 39 57 Evidence of identity and entitlement to recover vehicle 40 58 Form of search and seizure warrant 41 59 Form of report on execution of warrant 41 PART 5—EVIDENCE RELATING TO MASS OF VEHICLES 42 60 Prescribed portable weighing devices 42 61 Testing of portable weighing devices 42 62 Prescribed limits of error for portable weighing devices 43 63 Sealing of portable weighing devices 43 64 Use of portable weighing devices 44 65 Certificate as to testing and sealing portable weighing devices 45 66 Interference with portable weighing device 45 PART 6—NOTICE OF REASONABLE STEPS DEFENCE 46 67 Information to be provided regarding reasonable steps defence 46 PART 7—INSPECTIONS AND SEARCHES CONCERNING HEAVY VEHICLES 48 68 Embargo notice 48 69 Information to be provided by registered operator 48 PART 8—PARKING INFRINGEMENTS 51 70 Penalties for parking infringements 51 71 Service of parking infringement notices 51 72 Summaries of parking infringements in Schedule 6 51 PART 9—TRAFFIC INFRINGEMENTS 52 73 Prescribed traffic infringements 52 74 Penalties for traffic infringements 52 75 Prescribed details of traffic infringement notice 52 76 Summaries of traffic infringements in Schedule 7 54 77 Payment of penalty 54 78 Withdrawal of traffic infringement notice 55 79 Proof of prior convictions or findings of guilt 55 -- 3 of 147 -- Regulation Page iv PART 10—OPERATOR ONUS 57 80 Prescribed period for making statements 57 81 Prescribed period for accepting or rejecting statements 58 PART 11—APPLICATION OF THE ACT TO PUBLIC AUTHORITIES 59 82 Power to prosecute 59 83 Prosecution for parking offences 59 84 Appropriation of fines 60 85 Extension of the Act by the Minister 61 PART 12—SAVINGS AND TRANSITIONALS 63 86 Transitional arrangements 63 __________________ SCHEDULE 65 SCHEDULE 1—Revocations 65 SCHEDULE 2—Certificate under Section 78A 68 SCHEDULE 3—Certificate under Section 83 69 SCHEDULE 4—Search and Seizure Warrant 70 SCHEDULE 5—Report on Execution of Search and Seizure Warrant 72 SCHEDULE 6—Parking Infringements 73 SCHEDULE 7—Traffic Infringements 84 SCHEDULE 8—Public Authorities, Prescribed Persons and Prescribed Funds for Appropriation of Fines 141 ═══════════════ ENDNOTES 143 -- 4 of 147 -- 1 STATUTORY RULES 2009 S.R. No. 115/2009 Road Safety Act 1986 Road Safety (General) Regulations 2009 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 29 September 2009 Responsible Minister: TIM PALLAS Minister for Roads and Ports MATTHEW McBEATH Acting Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are— (a) to prescribe devices, systems and procedures for obtaining evidence in relation to— (i) the presence of alcohol or any other drug in samples of blood, breath or urine; and (ii) the speed of vehicles; and (iii) the mass of vehicles; and (iv) other traffic offences; and (b) to specify engine management system reading devices and procedures; and -- 5 of 147 -- Part 1—Preliminary Road Safety (General) Regulations 2009 S.R. No. 115/2009 2 (c) to prescribe the matters to be included in parking infringement notices and traffic infringement notices; and (d) to prescribe the penalties for parking infringements and traffic infringements; and (e) to provide for the application of provisions of the Act and regulations to land of public authorities; and (f) to provide for evidentiary matters relating to impounded or immobilised vehicles; and (g) to prescribe other matters authorised under the Road Safety Act 1986. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3 Commencement These Regulations come into operation on 9 November 2009. 4 Revocation The Regulations listed in Schedule 1 are revoked. 5 Definitions In these Regulations— Act means the Road Safety Act 1986; checksum means a number produced by the application of an algorithm to the contents of that part of a digital file that does not include the checksum; digital file means a file in a digital format, or electronic copy of such a file, which is created and encrypted by— (a) a road safety camera; r. 2 -- 6 of 147 -- Part 1—Preliminary Road Safety (General) Regulations 2009 S.R. No. 115/2009 3 (b) a digital camera that records date, time and location; or (c) the process prescribed in regulation 48— which contains the checksum for that file; digitector means the device known by that name which determines the speed at which a motor vehicle travels between 2 vehicle detectors on a road; fixed analogue RSC means the road safety camera prescribed in regulation 30(a); fixed digital RSC means a road safety camera prescribed in regulation 30(d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (p) or (q); infringement penalty means— (a) in relation to a parking infringement—a penalty as provided in regulation 70, or under section 87(3A) or (4) of the Act; and (b) in relation to a traffic infringement—a penalty as provided in regulation 74; laser device means a laser device prescribed in regulation 41; mobile analogue RSC means a road safety camera prescribed in regulation 30(b) or (c); mobile digital RSC means a road safety camera prescribed in regulation 30(o); portable weighing device means a portable mechanical or electrical device capable of determining the mass carried on any axle or axles of a motor vehicle or trailer; radar device means a radar device prescribed in regulation 41; r. 5 -- 7 of 147 -- Part 1—Preliminary Road Safety (General) Regulations 2009 S.R. No. 115/2009 4 speed calculation unit means the part or parts of a road safety camera that determine the speed of a vehicle; testing officer means— (a) a technical officer or the head of a faculty, school or department of 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 (b) a person authorised in writing by the Chief Commissioner of Police or the Secretary of the Department of Justice; or (c) a testing officer of a testing body accredited in the field of electrical testing by the National Association of Testing Authorities, Australia (NATA) ACN 004 379 748; vehicle detector means a part of a road safety camera that detects the presence of a vehicle. 6 Certificates under section 78A, 83A or 84 (1) A certificate under section 84(1), (3) or (4A) of the Act must, in addition to the matters referred to in section 84(1), (3) or (4A), contain the following particulars— (a) the expression "Road Safety Act 1986"; and (b) the expression "Certificate under section 84(1)", "Certificate under section 84(3)" or "Certificate under section 84(4A)", as the case may be; and (c) the name and official title of the person issuing the certificate; and r. 6 -- 8 of 147 -- Part 1—Preliminary Road Safety (General) Regulations 2009 S.R. No. 115/2009 5 (d) in the case of a certificate issued by an authorised person, a statement to that effect; and (e) the date on which the certificate is issued. (2) A certificate under section 83A(1) of the Act contains the prescribed particulars if, in addition to any of the matters referred to in that section, the certificate— (a) states that it is a certificate issued by an authorised person under section 83A of the Act; and (b) in the case of a certificate certifying that a printed image or message was produced by a prescribed process, is issued by the person who caused or required that image or message to be printed; and (c) certifies that, to the best of the knowledge and belief of the person issuing the certificate, the matters set out in the certificate are true and correct. (3) For the purposes of section 78A of the Act, the prescribed form for a certificate as to the shortest distance that would be travelled on a road between 2 points is the form set out in Schedule 2. __________________ r. 6 -- 9 of 147 -- Part 2—Evidence Relating to Alcohol and Drug Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 6 PART 2—EVIDENCE RELATING TO ALCOHOL AND DRUG OFFENCES 7 Preliminary breath test devices The devices prescribed for the purposes of section 53 of the Act are the breath testing devices known as— (a) the Alcotest 80/A; and (b) the Lion Alcolmeter, also known as the lion alcolmeter S-D2; and (c) the lion alcolmeter SD-400PA; and (d) the Alcolizer LE. 8 Procedure for breath analysis It is a requirement for the proper operation of a breath analysing instrument that a person authorised under section 55(3) of the Act to operate a breath analysing instrument— (a) does not require a person to provide a breath sample for analysis until the authorised person is satisfied that the person has not consumed any alcohol for a period of at least 15 minutes before the analysis; and (b) provides a fresh mouthpiece for use by each person required to provide a breath sample; and (c) uses only a mouthpiece which, until required for taking a breath sample, has been kept in a sealed container. 9 Certificate under section 55(4) A certificate under section 55(4) of the Act must, in addition to the matters referred to in that section, contain the following particulars— r. 7 -- 10 of 147 -- Part 2—Evidence Relating to Alcohol and Drug Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 7 (a) the serial number of the breath analysing instrument; and (b) the sample number; and (c) the location of the test; and (d) the name and date of birth of the person whose breath is analysed; and (e) the surname of the operator; and (f) the results of the self tests conducted by the breath analysing instrument before and after the person's breath is analysed; and (g) the results of zero tests conducted by the breath analysing instrument before and after the person's breath is analysed; and (h) the date and time the person's breath was analysed. 10 Procedure for taking blood sample If a blood sample is taken by a registered medical practitioner or an approved health professional for the purposes of the Act, the site of the puncture must be cleansed with a swab taken from a container which— (a) appears to be sealed against contamination; and (b) bears a label stating that the container holds an aqueous solution of chlorohexidine and cetrimide and no methylated spirits, alcohol, tincture of iodine or other substance containing alcohol. 11 Procedures after taking blood samples (1) A registered medical practitioner or an approved health professional who takes a blood sample must ensure that— r. 10 -- 11 of 147 -- Part 2—Evidence Relating to Alcohol and Drug Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 8 (a) the sample of blood is placed in 3 dry containers, each containing approximately the same amount of blood; and (b) each container is vacuum sealed or sealed with a septum seal; and (c) each container in which the sample is placed bears a label stating— (i) that the container holds a specific anti- coagulant and preservative such as potassium oxalate and sodium fluoride; and (ii) the name of the chemist, laboratory or pharmaceutical organisation that prepared it; and (d) each container has attached to it a label bearing the signature of the registered medical practitioner or approved health professional, the date and the time the sample was taken, and the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken. (2) If a blood sample is taken under section 55 or 55B of the Act, the registered medical practitioner or approved health professional must give one of the containers to a member of the police force and another to the person from whom the sample was taken. (3) If a blood sample is taken under section 56 of the Act and has, in accordance with this regulation, been placed in containers which have been sealed and labelled, the doctor must ensure that— r. 11 -- 12 of 147 -- Part 2—Evidence Relating to Alcohol and Drug Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 9 (a) one container is placed in a locked receptacle provided for the purpose at the place at which the sample was taken; and (b) one container is placed and sealed in a container labelled "screening sample"; and (c) one container is delivered to the person from whom the blood sample was taken or placed with that person's personal property at the place at which the sample was taken. 12 Certificate under section 57(3) A certificate under section 57(3) of the Act must contain the following particulars— (a) a statement by the registered medical practitioner or approved health professional that the requirements of these Regulations for the taking of blood samples have been complied with; and (b) the name of the person from whom the blood sample was taken; and (c) the time and date the blood sample was taken; and (d) the name and signature of the registered medical practitioner or approved health professional who took the blood sample. 13 Certificate under section 57(4) A certificate under section 57(4) of the Act must, in addition to a statement as to the concentration of alcohol found in the sample of blood, contain the following particulars— (a) a statement by the analyst that he or she is an approved analyst within the meaning of section 57 of the Act; and r. 12 -- 13 of 147 -- Part 2—Evidence Relating to Alcohol and Drug Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 10 (b) a statement as to the method of analysis used; and (c) the name and signature of the analyst; and (d) the date on which the analysis was conducted; and (e) a description of the contents of the identification label referred to in regulation 11(1)(d) attached to the container in which the blood sample is placed. 14 Certificate under section 57(4A) A certificate under section 57(4A) of the Act must contain the following particulars— (a) a statement by the approved analyst that he or she is an approved analyst within the meaning of section 57 of the Act; and (b) a statement as to the method of analysis used; and (c) a statement that a substance that is, or is capable of being, a drug for the purposes of the Act was present in the sample of blood analysed; and (d) the name of the substance found to be present in the sample of blood analysed; and (e) the name and signature of the approved analyst; and (f) the date on which the analysis was conducted; and (g) a description of the contents of the identification label referred to in regulation 11(1)(d) attached to the container in which the blood sample is placed. r. 14 -- 14 of 147 -- Part 2—Evidence Relating to Alcohol and Drug Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 11 15 Certificate under section 57(4B) A certificate under section 57(4B) of the Act must contain the following particulars— (a) a statement by the approved expert that he or she is an approved expert within the meaning of section 57 of the Act; and (b) a statement as to the usual effect of a specified substance or substances on behaviour when consumed or used (including its effect on a person's ability to drive properly); and (c) the name and signature of the approved expert. 16 Oral fluid testing devices (1) The device prescribed for the purposes of section 55D of the Act is the oral fluid testing device known as the SECURETEC DRUGWIPE TWIN or the SECURETEC DRUGWIPE II TWIN. (2) The devices prescribed for the purposes of section 55E of the Act are— (a) the oral fluid testing device known as the SECURETEC DRUGWIPE II TWIN COMBO; and (b) the oral fluid testing device known as the Cozart RapiScan. 17 Procedure for carrying out preliminary oral fluid test For the purposes of section 55D of the Act, the prescribed procedure for carrying out a preliminary oral fluid test is that the member of the police force or person authorised under section 55D(2) of the Act who conducts the test— r. 15 -- 15 of 147 -- Part 2—Evidence Relating to Alcohol and Drug Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 12 (a) provides a fresh oral fluid collection unit for use by a person required to provide a preliminary oral fluid sample; and (b) uses only an oral fluid collection unit that, until required for taking the oral fluid sample, has been kept in a sealed container; and (c) tests the oral fluid sample by using the device, or the oral fluid testing unit that is part of the device, that was used to obtain the sample. 18 Procedure for taking oral fluid samples under section 55E For the purposes of section 55E of the Act, an authorised officer, in taking an oral fluid sample, must— (a) provide a fresh oral fluid collection unit for use by each person required to provide an oral fluid sample; and (b) use only an oral fluid collection unit which, until required for taking the oral fluid sample, has been kept in a sealed container. 19 Procedure after taking oral fluid sample An authorised officer who takes a sample of oral fluid under section 55E of the Act must ensure that the sample or, if the sample is broken into parts, each part has attached to it a label bearing— (a) the name and signature of the authorised officer who took the oral fluid sample; and (b) the date and time the sample was taken; and (c) the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information r. 18 -- 16 of 147 -- Part 2—Evidence Relating to Alcohol and Drug Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 13 to enable the sample to be identified with the person from whom it was taken. 20 Certificate under section 57B(3) A certificate under section 57B(3) of the Act must contain the following particulars— (a) a statement by the person who carried out the oral fluid test that he or she is an authorised officer within the meaning of section 55E of the Act; and (b) a statement as to whether the requirements of these Regulations for the taking and testing of oral fluid samples have been complied with; and (c) a statement as to whether the result of the oral fluid tested indicated the oral fluid sample provided by the person contained a prescribed illicit drug; and (d) the name of the person from whom the oral fluid sample was taken; and (e) the time and date the oral fluid sample was taken; and (f) the name and signature of the authorised officer who took the oral fluid sample. 21 Certificate under section 57B(4) A certificate under section 57B(4) of the Act must, in addition to a statement as to the presence of a prescribed illicit drug in that sample of oral fluid, contain the following particulars— (a) a statement by the analyst that he or she is an approved analyst within the meaning of section 57B of the Act; and (b) a statement as to the method of analysis used; and r. 20 -- 17 of 147 -- Part 2—Evidence Relating to Alcohol and Drug Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 14 (c) the name and signature of the analyst; and (d) the date on which the analysis was conducted; and (e) a description of the contents of the identification label referred to in regulation 19 that was attached to the part of the oral fluid received for analysis. 22 Notice of immediate licence suspension (1) A notice for the purposes of section 51(1) of the Act must, in addition to the matters referred to in that section, contain the following particulars— (a) the name and address of the accused; and (b) a statement of the offence with which the accused is charged and, in the case of an offence under paragraph (b), (f) or (g) of section 49(1) of the Act, the alleged concentration of alcohol in the blood or breath (as the case requires) of the accused; and (c) whether the person holds a full driver licence, a learner permit or a probationary driver licence; and (d) the name and signature of the person who charged the accused; and (e) the date on which the notice was given to the accused. (2) A notice for the purposes of section 51(1A) of the Act must, in addition to the matters referred to in that section, contain the following particulars— (a) the name and address of the accused; and (b) a statement of the offence with which the accused is charged; and r. 22 -- 18 of 147 -- Part 2—Evidence Relating to Alcohol and Drug Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 15 (c) the name and signature of the person who charged the accused; and (d) the date on which the notice was given to the accused. (3) A notice for the purposes of section 51(1B) of the Act must, in addition to the matters referred to in that section and in section 51(1C), contain the following particulars— (a) the name and address of the person to whom the notice is issued; and (b) a statement of the alleged concentration of alcohol in the blood or breath (as the case requires) of the person to whom the notice is issued; and (c) whether the person holds a full driver licence, a learner permit or a probationary driver licence; and (d) the name and signature of the person who issued the notice; and (e) the date on which the notice was issued. 23 Particulars of report of assessment of drug impairment For the purposes of section 55B(5) of the Act, the following particulars are prescribed— (a) particulars of the identity of the person on whom the assessment was carried out, including, if known, the person's name, address, date of birth and gender; and (b) the date and time at which the person underwent the assessment; and (c) the place at which the person underwent the assessment; and r. 23 -- 19 of 147 -- Part 2—Evidence Relating to Alcohol and Drug Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 16 (d) the time (if any) reported to the member of the police force carrying out the assessment as the latest time the person drove, was in charge of or was an occupant of a motor vehicle; and (e) whether the person underwent a preliminary breath test in accordance with section 53 of the Act or furnished a sample of breath for analysis by a breath analysing instrument and, if so, the result of the test or analysis, if known; and (f) the record of interview of the person carried out by the member of the police force carrying out the assessment; and (g) particulars of any medical treatment sought by or for the person; and (h) any statements made by the person concerning a drug or drugs; and (i) any observations made by the member of the police force carrying out the assessment of the person in relation to— (i) any apparent injury or illness of the person; (ii) whether the person smelt of intoxicating liquor; (iii) the person's speech; (iv) the person's eyes; (v) the person's breathing; (vi) the person's skin; (vii) the person's movement; (viii) the person's balance; (ix) the state of the person's clothing; r. 23 -- 20 of 147 -- Part 2—Evidence Relating to Alcohol and Drug Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 17 (x) the person's actions; (xi) the person's demeanour; (xii) any physical signs of drug use by the person; (xiii) the person's ability to comprehend instructions; (xiv) the person's ability to divide attention; (xv) whether the person, during the assessment, exhibited signs that indicated that the person was impaired by a drug or drugs; and (j) whether the assessment, in the opinion of the member of the police force carrying it out, indicates that the person may be impaired by a drug or drugs; and (k) the name, rank, station and signature of the member of the police force carrying out the assessment. 24 Procedure for collecting urine sample A registered medical practitioner or an approved health professional who collects a urine sample for the purposes of the Act must ensure that the sample is collected in a container which is clean and dry and which has not previously been used. 25 Procedures after collecting urine samples A registered medical practitioner or an approved health professional who collects a urine sample must ensure that⎯ (a) the urine sample is placed in 2 dry containers, each containing approximately the same amount of urine; and (b) each container is fitted with a tamper proof locking seal; and r. 24 -- 21 of 147 -- Part 2—Evidence Relating to Alcohol and Drug Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 18 (c) each container has attached to it a label bearing— (i) the signature of the registered medical practitioner or approved health professional who collected the urine sample; and (ii) the date and the time the sample was collected; and (iii) the name of the person from whom the sample was collected or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was collected. 26 Certificate under section 57A(3) For the purposes of section 57A(3) of the Act, the following particulars are prescribed— (a) a statement by the registered medical practitioner or approved health professional as to whether the requirements of the Act and these Regulations for the collection of urine samples have been complied with; and (b) the name of the person from whom the urine sample was collected or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was collected; and (c) the time and date the urine sample was collected; and (d) the name and signature of the registered medical practitioner or approved health professional who collected the urine sample. r. 26 -- 22 of 147 -- Part 2—Evidence Relating to Alcohol and Drug Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 19 27 Certificate under section 57A(4) For the purposes of section 57A(4) of the Act, the following particulars are prescribed— (a) a statement by the analyst that he or she is an approved analyst within the meaning of section 57A of the Act; and (b) a statement as to the method of analysis used; and (c) a statement that a substance that is, or is capable of being, a drug for the purposes of the Act was present in the urine sample analysed; and (d) the name of the substance found to be present in the urine sample analysed; and (e) the concentration of the substance found to be present in the urine sample analysed; and (f) the name and signature of the analyst; and (g) the date on which the analysis was conducted; and (h) a description of the contents of the identification label referred to in regulation 25(c) attached to the container in which the urine sample is placed. 28 Certificate under section 57A(5) For the purposes of section 57A(5) of the Act, the following particulars are prescribed— (a) a statement by the expert that he or she is an approved expert within the meaning of section 57A of the Act; and (b) a statement as to the usual effect of a specified substance or substances on behaviour when consumed or used in that r. 27 -- 23 of 147 -- Part 2—Evidence Relating to Alcohol and Drug Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 20 concentration (including its effect on a person's ability to drive properly); and (c) the name and signature of the approved expert. __________________ r. 28 -- 24 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 21 PART 3—EVIDENCE RELATING TO SPEEDING AND OTHER OFFENCES Division 1—Road safety cameras and prescribed processes 29 Offences detected by road safety cameras or prescribed processes (1) For the purposes of section 66 of the Act the prescribed offences which may be detected by a prescribed road safety camera are— (a) all offences in the Act or the Road Safety Road Rules 2009 which involve a driver exceeding the applicable speed limit; and (b) all offences in the Act or the Road Safety Road Rules 2009 which involve a driver disobeying a traffic signal, including where the vehicle enters a level crossing; and (c) all offences in the Act or the Road Safety Road Rules 2009 which involve driving in a lane, such as a bus lane or transit lane, when not permitted to do so; and (d) all offences in the Act or the Road Safety (Vehicles) Regulations 1999 which involve the use of a motor vehicle or trailer that is not registered. (2) For the purposes of section 66 of the Act the prescribed offences which may be detected by the process prescribed in regulation 48 are all offences in the Act or the Road Safety Road Rules 2009 which involve a driver exceeding the applicable speed limit. r. 29 -- 25 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 22 30 Prescribed road safety cameras For the purposes of the definition of prescribed road safety camera in section 3(1) of the Act, the following camera systems are prescribed— (a) the camera system known as the Gatso Meter R.L.C.; and (b) the camera system known as the Traffipax Speedophot Radar Unit; and (c) the camera system known as the Gatsometer MRC System; and (d) the camera system known as the Locktronics LaserCam Plus System; and (e) the camera system known as the Redflex SMARTCAM Speed System; and (f) the camera system known as the Poltech SafeCam Mk 1; and (g) the camera system known as the DCD ROBOT Digital Smart Camera; and (h) the camera system known as the Poltech SafeCam Red Light/Speed Mk 1; and (i) the camera system known as the REDFLEXred-speed system; and (j) the camera system known as the REDFLEXred-speed HDX system; and (k) the camera system known as the REDFLEXlasercam FDSC; and (l) the camera system known as the ROBOT TRAFFIPAX TraffiPhot III SR; and (m) the camera system known as the ROBOT TRAFFIPAX TraffiStar SR520; and r. 30 -- 26 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 23 (n) the camera system known as the Gatsometer Digital Radar Camera System—Parabolic (DRCS-P); and (o) the camera system known as the Gatsometer Radar24-GS11; and (p) the camera system known as the Gatsometer GTC-GS11; and (q) the camera system known as the REDFLEXred-speed HDX Optical system. Division 2—Fixed analogue road safety cameras 31 Use of fixed analogue road safety cameras For the purposes of sections 80, 80A, 84(7) and 84H(2)(a) of the Act, a fixed analogue RSC is used in the prescribed manner if the person placing or removing the system or loading or unloading the film magazine into or from the system— (a) checks the time, date and location code in the display of the system and makes any corrections that may be necessary to ensure that the correct data is displayed on the photograph printed from the reversal or negative film produced by the system; and (b) checks the vehicle detector system to ensure that it is correctly monitoring the movement of vehicles at the location in the relevant direction of travel; and (c) tests the system to ensure the correct activation of the system by vehicles passing over the detectors; and (d) ensures that when the system is installed and left unattended it is kept in a locked housing. r. 31 -- 27 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 24 Division 3—Mobile analogue road safety cameras 32 Testing of mobile analogue road safety cameras For the purposes of sections 81 and 84(7) of the Act, a mobile analogue RSC is tested in the prescribed manner if the testing officer who tests the system— (a) is satisfied that the system is in a satisfactory electrical condition and, in particular, that any maintenance carried out on the system has been carried out in a satisfactory manner; and (b) is satisfied that the speed calculation unit is properly calibrated so that it indicates speed readings within a limit of error not greater than or less than 3 kilometres per hour or 3 per cent (whichever is greater) of the true speeds. 33 Sealing of mobile analogue road safety cameras A mobile analogue RSC is sealed in the prescribed manner for the purposes of sections 81 and 84(7) of the Act if the speed calculation unit is sealed— (a) by the testing officer who carried out the test under regulation 32; and (b) with a seal that effectively prevents interference with the time measuring or speed computing components of the speed calculation unit without breaking the seal. 34 Use of mobile analogue road safety cameras For the purposes of sections 80, 80A, 81, 84(7) and 84H(2)(a) of the Act, a mobile analogue RSC is used in the prescribed manner if— r. 32 -- 28 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 25 (a) the system is used in accordance with operating instructions approved by a testing officer; and (b) the speed calculation unit has been tested in accordance with regulation 32 within 12 months before the occasion of its use; and (c) the speed calculation unit has been sealed in accordance with regulation 33 at the time that it was last tested. Division 4—Fixed digital road safety cameras 35 Testing of fixed digital road safety cameras For the purposes of sections 81 and 84(7) of the Act, a fixed digital RSC is tested in the prescribed manner if the testing officer who tests the system— (a) is satisfied that the system is in a satisfactory electrical condition and, in particular, that any maintenance carried out on the system has been carried out in a satisfactory manner; and (b) is satisfied that the speed calculation unit (if any) is properly calibrated so that it indicates speed readings within a limit of error not greater than or less than 2 kilometres per hour or 2 per cent (whichever is greater) of the true speeds. 36 Sealing of fixed digital road safety cameras A fixed digital RSC is sealed in the prescribed manner for the purposes of sections 81 and 84(7) of the Act if the speed calculation unit of the system is sealed— (a) by the testing officer who carried out the test under regulation 35; and r. 35 -- 29 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 26 (b) with a seal that effectively prevents interference with the time measuring or speed computing components of the speed calculation unit without breaking the seal. 37 Use of fixed digital road safety cameras For the purposes of sections 80, 80A, 81, 83A(1), 84(7) and 84H(2)(a) of the Act, a fixed digital RSC is used in the prescribed manner if— (a) the speed calculation unit (if any) has been tested in accordance with regulation 35 within 12 months before the occasion of its use; and (b) the vehicle detectors have been placed in position as specified by a manufacturer of fixed digital RSCs or by a party who distributes or maintains them; and (c) the speed calculation unit (if any) has been sealed in accordance with regulation 36; and (d) a person placing or removing the speed calculation unit or the RSC or switching on or resetting the RSC after it has been inoperable for any reason— (i) checks the time, date and location code and makes any corrections that may be necessary to ensure that the correct data is recorded in the digital file; and (ii) checks that the vehicle detectors are correctly responding to the movement of vehicles at the location; and (iii) ensures that when the speed calculation unit (if any) and RSC are installed and left unattended they are kept in one or more locked housings. r. 37 -- 30 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 27 Division 5—Mobile digital road safety cameras 38 Testing of mobile digital road safety cameras For the purposes of sections 81 and 84(7) of the Act, a mobile digital RSC is tested in the prescribed manner if the testing officer who tests the system— (a) is satisfied that the system is in a satisfactory electrical condition and, in particular, that any maintenance carried out on the system has been carried out in a satisfactory manner; and (b) is satisfied that the speed calculation unit is properly calibrated so that the frequencies or speeds at which calibration is effected indicate speed readings within a limit of error not greater than or less than 3 kilometres per hour or 3 per cent (whichever is greater) of the true speeds determinable from those frequencies or speeds. 39 Sealing of mobile digital road safety cameras A mobile digital RSC is sealed in the prescribed manner for the purposes of sections 81 and 84(7) of the Act if the speed calculation unit is sealed— (a) by the testing officer who carried out the test under regulation 38; and (b) with a seal that effectively prevents interference with the time measuring or speed computing components of the speed calculation unit without breaking the seal. r. 38 -- 31 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 28 40 Use of mobile digital road safety cameras For the purposes of sections 80, 80A, 81, 83A(1), 84(7) and 84H(2)(a) of the Act, a mobile digital RSC is used in the prescribed manner if— (a) the speed calculation unit is used in accordance with operating instructions approved by a testing officer; and (b) the speed calculation unit has been tested in accordance with regulation 38 within 12 months before the occasion of its use; and (c) the speed calculation unit has been sealed in accordance with regulation 39 at the time that it was last tested. Division 6—Speed detectors 41 Prescribed speed detectors For the purposes of the definition of prescribed speed detector in section 3(1) of the Act, the following speed detectors are prescribed— (a) a digitector; and (b) the following laser devices— (i) the LTI 20.20 Marksman AT; (ii) the Prolaser 11 Model Auslaser; (iii) the LTI 20-20 Ultralyte LR; (iv) the Prolaser III; (v) the Pro-Lite; (vi) the Pro-Lite +; and (c) the following radar devices— (i) the Kustom HR4; (ii) the Kustom Falcon; (iii) the Kustom KR-10SP; r. 40 -- 32 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 29 (iv) the Kustom Golden Eagle; (v) the Kustom Silver Eagle; (vi) the Silver Eagle II; (vii) the Stalker Dual DSR; (viii) the Directional Golden Eagle II; (ix) the Falcon HR; (x) the Raptor RP-1. 42 Testing of speed detectors For the purposes of section 79 of the Act, a speed detector is tested in the prescribed manner if the testing officer who tests the device— (a) is satisfied that the device is in a satisfactory electrical condition and, in particular, that any maintenance carried out on the device has been carried out in a satisfactory manner; and (b) is satisfied that the device is properly calibrated so that it indicates the speed readings within a limit of error not greater or less than 2 km per hour of the true speeds. 43 Sealing of speed detectors A prescribed speed detector is sealed in the prescribed manner for the purposes of section 79 of the Act if— (a) the device is sealed— (i) by the testing officer who carried out the test under regulation 42; and (ii) with a seal that effectively prevents interference with the time measuring or speed computing components of the device without breaking the seal. r. 42 -- 33 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 30 44 Use of digitectors A digitector is used in the prescribed manner for the purposes of sections 79 of the Act if— (a) the 2 vehicle detectors which form part of the digitector are, when used with the time measuring and speed computing components of the device for determining the speed at which a motor vehicle travels on a road, positioned across the road approximately parallel to each other at a distance of 25 metres apart within a limit of error that is not greater than 75 millimetres; and (b) the digitector has been tested in accordance with regulation 42 within a period of 2 years before the occasion of its use; and (c) the digitector has been sealed in accordance with regulation 43 at the time that it was last tested. 45 Use of laser devices A laser device is used in the prescribed manner for the purposes of section 79 of the Act if— (a) whenever the operator connects the laser device to a source of electricity, the operator ensures that all elements of the speed display are illuminated; and (b) the operator activates the device with the device aimed in the direction of a motor vehicle within the operator's field of vision and observes the reading displayed on the digital speed display; and (c) the device has been tested in accordance with regulation 42 within 12 months before the occasion of its use; and r. 44 -- 34 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 31 (d) the device has been sealed in accordance with regulation 43 at the time that it was last tested. 46 Use of radar devices A radar device is used in the prescribed manner for the purposes of section 79 of the Act if— (a) whenever the operator connects the radar device to a source of electricity, the operator ensures that— (i) in the case of the Falcon HR and the Raptor RP-1, all of the elements of the digital speed display are illuminated; and (ii) in the case of all other radar devices, a reading of (888) is displayed on the digital target speed display; and (b) the doppler audio signal of the radar device is set at a level clearly audible to the operator who may take a reading if the signal indicates normal operation; and (c) in the case of the Kustom HR4, Kustom Falcon and the Falcon HR, the operator activates the device with the device aimed in the direction of a motor vehicle within the operator's field of vision and observes the reading displayed on the digital target speed display; and (d) in the case of the Kustom KR-10SP, the Kustom Golden Eagle, the Kustom Silver Eagle, the Silver Eagle II, the Stalker Dual DSR, the Directional Golden Eagle II, and the Raptor RP-1, the operator activates the device with the antenna set in the direction of a motor vehicle within the operator's field of vision and observes the reading displayed on the digital target speed display; and r. 46 -- 35 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 32 (e) the device has been tested in accordance with regulation 42 within 12 months before the occasion of its use; and (f) the device has been sealed in accordance with regulation 43 at the time that it was last tested. Division 7—Prescribed processes 47 Process for production of printed image An image or message is produced by a prescribed process used in the prescribed manner for the purposes of sections 80(1)(b), 80A, 81(1)(c), 81(2), 83A(1) and 84(7) of the Act if— (a) a printed image is produced from a digital file; and (b) the data contained in the digital file has been verified by a computer— (i) decrypting that digital file; and (ii) recalculating the checksum produced for that file; and (iii) confirming that the checksum produced by the recalculation is identical to the checksum contained in that file; and (c) the printed image contains an image derived from the digital file (with or without decompressing the image) and a message containing data relating to an offence prescribed in regulation 29(1). r. 47 -- 36 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 33 48 Prescribed process for the calculation of average speed For the purposes of section 66 of the Act, the following process is prescribed— (a) a computer receives digital files from 2 or more road safety cameras where each digital file contains— (i) an image of the same motor vehicle; and (ii) data indicating the date on which, and the time and place at which, the image was captured by the road safety camera; and (iii) data indicating the speed limit at the time and place at which the image was captured; and (b) using that data the computer calculates the average speed of the motor vehicle in accordance with section 78(2) of the Act; and (c) the computer creates a digital file containing the matters referred to in paragraphs (a) and (b). Division 8—Other matters 49 Interference with road safety cameras A person must not, without reasonable excuse, wilfully interfere with a road safety camera or any seal affixed to a road safety camera or any housing in which a road safety camera is placed or installed. Penalty: 5 penalty units. r. 48 -- 37 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 34 50 Interference with speed detectors A person must not, without reasonable excuse, wilfully interfere with a speed detector or any seal affixed to a speed detector or any housing in which a speed detector is placed or installed. Penalty: 5 penalty units. 51 Record keeping requirements (1) A testing officer who tests a mobile analogue RSC under regulation 32 must record, and retain for at least 7 years, the results of the test, including a statement showing the speed readings of the system and the true speeds. (2) A testing officer who seals a speed calculation unit for the purpose of sealing a mobile analogue RSC in the prescribed manner, in accordance with regulation 33, must record, sign, and retain for at least 7 years, the following particulars— (a) the identification number of the speed calculation unit; and (b) the date on which the test was carried out; and (c) the manner in which the speed calculation unit was sealed. (3) A testing officer who tests a fixed digital RSC under regulation 35 must record, and retain for at least 7 years, the results of the test, including a statement showing the speed readings of the system and the true speeds. (4) A testing officer who seals a speed calculation unit for the purpose of sealing a fixed digital RSC in the prescribed manner, in accordance with regulation 36, must record, sign, and retain for at least 7 years, the following particulars— r. 50 -- 38 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 35 (a) the identification number of the speed calculation unit; and (b) the date on which the test was carried out; and (c) the manner in which the speed calculation unit was sealed. (5) A testing officer who tests a mobile digital RSC under regulation 38 must record, and retain for at least 7 years, the results of the test, including a statement showing the speed readings of the system and the true speeds. (6) A testing officer who seals a speed calculation unit for the purpose of sealing a mobile digital road safety camera in the prescribed manner, in accordance with regulation 39, must record, sign, and retain for at least 7 years, the following particulars— (a) the identification number of the speed calculation unit; and (b) the date on which the test was carried out; and (c) the manner in which the speed calculation unit was sealed. (7) A testing officer who tests a speed detector under regulation 42 must record, and retain for at least 7 years, the results of the test, including— (a) a statement showing the frequencies or speeds at which the calibration was effected and the number of times that each frequency or speed the calibration was effected; and (b) the date of the test and the ambient temperature at the time of the test. r. 51 -- 39 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 36 (8) A testing officer who seals a speed detector under regulation 43 must record, sign, and retain for at least 7 years, the following particulars: (a) the identification number of the device; and (b) the date on which the test was carried out; and (c) the manner in which the device was sealed. 52 Certificate as to testing and sealing road safety camera or speed detector (1) For the purposes of section 83 of the Act, a certificate in relation to the testing and sealing of a road safety camera or a speed detector is in the prescribed form if it is in the form set out in Schedule 3. (2) A testing officer is authorised to sign a certificate referred to in subregulation (1). Division 9—Engine management system reading devices 53 Specified engine management system reading devices For the purposes of sections 14(1A) and 79A of the Act, the following engine management system reading devices are specified— (a) a Pro-Link GRAPHIQ that has been fitted with— (i) an application cartridge applicable to the type of engine to be tested; or (ii) a multi-protocol cartridge containing an application card applicable to the type of engine to be tested; and r. 52 -- 40 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 37 (b) a computer that is running a version or variant of one or more of the following types of software— (i) Detroit Diesel Diagnostic Link; (ii) Cummins Insite; (iii) Cat Electronic Technician. 54 Use of engine management system reading device For the purposes of section 14(1A) of the Act, an engine management system reading device is used in accordance with the Regulations if— (a) it is connected to the electronic control module of a vehicle; and (b) the information contained in that electronic control module relevant to the vehicle's operation is transferred— (i) in the case of an engine management system reading device specified in regulation 53(a), to a printer connected to the device; or (ii) in the case of an engine management system reading device specified in regulation 53(b), into the device's memory. 55 Obtaining information from an engine management system reading device For the purposes of section 79A of the Act— (a) an engine management system reading device is operated in the manner specified in the Regulations if the engine management system reading device is connected to the electronic control module of a vehicle; and r. 54 -- 41 of 147 -- Part 3—Evidence Relating to Speeding and other Offences Road Safety (General) Regulations 2009 S.R. No. 115/2009 38 (b) information held in a vehicle's engine management system is derived in accordance with the Regulations if the information contained in the electronic control module relevant to the vehicle's operation is transferred— (i) in the case of an engine management system reading device specified in regulation 53(a), to a printer connected to the device; or (ii) in the case of an engine management system reading device specified in regulation 53(b), into the device's memory. __________________ r. 55 -- 42 of 147 -- Part 4—Vehicle Impoundment, Immobilisation and Forfeiture Road Safety (General) Regulations 2009 S.R. No. 115/2009 39 PART 4—VEHICLE IMPOUNDMENT, IMMOBILISATION AND FORFEITURE 56 Notice to driver and registered operator For the purposes of section 84L(h) of the Act, the following particulars are prescribed— (a) the driver's address, sex and date of birth; (b) the number, type and expiry date of the driver's driver licence; (c) if the driver is not the registered operator of the motor vehicle, the name, address and other details of the registered operator; (d) if the motor vehicle is moved to a holding yard by use of a tow truck, the name of the operator of the tow truck; (e) the details of the member of the police force who seized the motor vehicle or required it to be surrendered; (f) advice that it is an offence to move an impounded motor vehicle without authorisation; (g) if the notice is given to the registered operator of the motor vehicle who is not the owner or sole owner of the motor vehicle, advice that the registered operator must take reasonable steps to serve a copy of the notice on any owner as soon as reasonably practicable. r. 56 -- 43 of 147 -- Part 4—Vehicle Impoundment, Immobilisation and Forfeiture Road Safety (General) Regulations 2009 S.R. No. 115/2009 40 57 Evidence of identity and entitlement to recover vehicle (1) For the purposes of section 84Q of the Act, satisfactory evidence of the identity and entitlement to recover a motor vehicle of a person who is the registered operator of the motor vehicle is— (a) the production of the person's current driver licence bearing a photograph of the person; or (b) identification sufficient to satisfy a 100 point verification check pursuant to the Financial Transaction Reports Act 1988 of the Commonwealth; or (c) other evidence that in the reasonable opinion of a member of the police force satisfactorily establishes the person's identity and entitlement to recover the vehicle. (2) For the purposes of section 84Q of the Act, satisfactory evidence of the identity and entitlement to recover a motor vehicle of a person who is not the registered operator of the motor vehicle is— (a) the following evidence of the person's identity— (i) the person's current driver licence bearing a photograph of the person; or (ii) identification sufficient to satisfy a 100 point verification check pursuant to the Financial Transaction Reports Act 1988 of the Commonwealth; or (iii) other evidence that in the reasonable opinion of a member of the police force satisfactorily establishes the person's identity; and r. 57 -- 44 of 147 -- Part 4—Vehicle Impoundment, Immobilisation and Forfeiture Road Safety (General) Regulations 2009 S.R. No. 115/2009 41 (b) the following evidence of entitlement to recover the vehicle— (i) a written statement signed by the registered operator authorising the release of the vehicle to the person; or (ii) other evidence that in the reasonable opinion of a member of the police force satisfactorily establishes the person's entitlement to recover the vehicle. 58 Form of search and seizure warrant For the purposes of section 84ZH(4) of the Act, the prescribed form of a search and seizure warrant is the form in Schedule 4. 59 Form of report on execution of warrant For the purposes of section 84ZO(2) of the Act, the prescribed form of a report on the execution of a search and seizure warrant is the form in Schedule 5. __________________ r. 58 -- 45 of 147 -- Part 5—Evidence Relating to Mass of Vehicles Road Safety (General) Regulations 2009 S.R. No. 115/2009 42 PART 5—EVIDENCE RELATING TO MASS OF VEHICLES 60 Prescribed portable weighing devices A portable weighing device is a prescribed device for the purposes of section 82 of the Act. 61 Testing of portable weighing devices (1) For the purposes of section 82 of the Act, a portable weighing device is tested in the prescribed manner if— (a) the load applied for the purposes of testing a portable weighing device is one tonne or more for a single device and 2 tonnes or more for a pair of devices; and (b) a technical officer, or the head, of the Engineering Department of the University of Melbourne is satisfied that the device operates within the limits of error in regulation 62; and (c) in the case of portable weighing devices tested in pairs— (i) each device so tested is used only with the other device with which it was tested; and (ii) the prescribed limit of error is calculated on the sum of the readings of the two devices; and (iii) the devices so tested are either passed or failed together. (2) A portable weighing device must be tested by a technical officer, or the head, of the Engineering Department of the University of Melbourne— r. 60 -- 46 of 147 -- Part 5—Evidence Relating to Mass of Vehicles Road Safety (General) Regulations 2009 S.R. No. 115/2009 43 (a) before it is first used; and (b) at least once every 12 months after it is first used. (3) The University of Melbourne must ensure that full and accurate records of all portable weighing devices tested are kept for at least 7 years, including— (a) the identification number of each device; and (b) the date on which the test was carried out; and (c) the results of the test. (4) The records of the test must be signed by the person who carried out the test. 62 Prescribed limits of error for portable weighing devices The prescribed limit of error for a portable weighing device for the purposes of section 82 of the Act is not more than 2 per cent greater than or less than the weight at which calibration is effected. 63 Sealing of portable weighing devices (1) For the purposes of section 82 of the Act, a portable weighing device is sealed in the prescribed manner if— (a) the device has been tested in accordance with regulations 61 and 62 and the device has satisfied the test requirements; and (b) the device is sealed by the person who carried out the test; and (c) the device is sealed with a seal which effectively prevents interference with the mechanism or circuitry of the device without breaking the seal. r. 62 -- 47 of 147 -- Part 5—Evidence Relating to Mass of Vehicles Road Safety (General) Regulations 2009 S.R. No. 115/2009 44 (2) The University of Melbourne must ensure that full and accurate records of all portable weighing devices sealed are kept for at least 7 years, including— (a) the identification number of each device sealed; and (b) the date on which the device was sealed; and (c) the manner in which the device was sealed. (3) The records in subregulation (2) must be signed by the person who sealed the device. (4) If, at any time after a portable weighing device is sealed, a repair, alteration or adjustment (other than setting the reading to zero) is made to its mechanism or circuitry, the device must be tested again in accordance with regulation 61 and sealed again in accordance with this regulation. 64 Use of portable weighing devices A portable weighing device is used in the prescribed manner for the purposes of section 82 of the Act if— (a) to ascertain the mass carried on a single axle— (i) the device is placed under each of any 2 tyres on the axle so that the whole mass borne by the axle is borne by or on the device; and (ii) the reading on the device used to ascertain the mass is taken while the axle load is borne by the device; and (iii) in the case of more than one device being used to ascertain the mass, the mass carried on the axle is calculated as the sum of the readings of each of the devices; and r. 64 -- 48 of 147 -- Part 5—Evidence Relating to Mass of Vehicles Road Safety (General) Regulations 2009 S.R. No. 115/2009 45 (b) to ascertain the mass carried on a group of axles, the mass carried on the axles is calculated as the sum of the mass carried on the axles comprising the group. 65 Certificate as to testing and sealing portable weighing devices (1) For the purposes of section 83 of the Act, a certificate in relation to the testing and sealing of a portable weighing device is in the prescribed form if it is in the form set out in Schedule 3. (2) A person in the Engineering Department of the University of Melbourne who tests and seals portable weighing devices is authorised to sign a certificate for the purposes of section 83 of the Act. 66 Interference with portable weighing device A person must not, without reasonable excuse, wilfully interfere with the mechanism or circuitry of a portable weighing device or the seal affixed to such a device. Penalty: 5 penalty units. __________________ r. 65 -- 49 of 147 -- Part 6—Notice of Reasonable Steps Defence Road Safety (General) Regulations 2009 S.R. No. 115/2009 46 PART 6—NOTICE OF REASONABLE STEPS DEFENCE 67 Information to be provided regarding reasonable steps defence (1) This Part applies to the following offences under the Act— (a) a breach of section 174 or 175 of the Act where the vehicle is in breach of a mass limit so far as the reasonable steps defence relates to reliance on the weight stated in a container weight declaration; and (b) a breach of section 184, 185 or 186 of the Act. (2) An authorised officer who issues a traffic infringement notice to a person for an offence to which this Part applies must also give that person a notice which complies with subregulation (3). (3) A notice under subregulation (2) must— (a) state that the person may have the benefit of the reasonable steps defence if the person is charged with the offence to which the traffic infringement notice relates; and (b) state that if a person intends to rely on the reasonable steps defence, the person must elect to have the matter of the traffic infringement heard and determined in a court and consequently be charged with the offence for which the traffic infringement notice was issued; and (c) state that if the person pays the infringement penalty set out in the traffic infringement notice, the reasonable steps defence is not available to the person; and r. 67 -- 50 of 147 -- Part 6—Notice of Reasonable Steps Defence Road Safety (General) Regulations 2009 S.R. No. 115/2009 47 (d) include a copy of sections 179 and 180 of the Act. Note Sections 179 and 180 of the Act set out the circumstances in which a person may have the benefit of the reasonable steps defence. __________________ r. 67 -- 51 of 147 -- Part 7—Inspections and Searches Concerning Heavy Vehicles Road Safety (General) Regulations 2009 S.R. No. 115/2009 48 PART 7—INSPECTIONS AND SEARCHES CONCERNING HEAVY VEHICLES 68 Embargo notice An embargo notice under section 142(2) of the Act must contain the following details in addition to the matters required by sections 142(4)(b) and 142(4)(c) of the Act— (a) a description of the thing that has been embargoed; and (b) either the name of the person on whom the notice was served or a statement that the notice has been affixed to the thing; and (c) the name, signature and business telephone number of the inspector who issued the notice; and (d) the date on which the notice was served or affixed. 69 Information to be provided by registered operator (1) In addition to the name and address of the operator of the vehicle at the time of the offence (the operator), the registered operator must include the following information in a statutory declaration made for the purposes of section 201(5) of the Act— (a) if the vehicle was not physically connected to any other vehicle at the time of the offence— (i) a statement setting out by, or under, what or whose authority (whether oral or written) the operator had control, use or management of the vehicle at the time of the offence; and r. 68 -- 52 of 147 -- Part 7—Inspections and Searches Concerning Heavy Vehicles Road Safety (General) Regulations 2009 S.R. No. 115/2009 49 (ii) the address of any premises (other than the address of the operator) from which the operator, or a person acting on behalf of the operator, had the control, use or management of the vehicle at the time of the offence; (b) if the vehicle was part of a group of vehicles that were physically connected at the time of the offence— (i) if the vehicle was the towing vehicle, the name and address of the operator of every other vehicle forming part of the group at the time of the offence; and (ii) if the vehicle was a trailer, the name and address of the operator of the towing vehicle; and (iii) a statement setting out by, or under, what or whose authority (whether oral or written) the operator had control, use or management of the vehicle at the time of the offence; and (iv) the address of any premises (other than the address of the operator) from which the operator, or a person acting on behalf of the operator, had the control, use or management of the vehicle at the time of the offence. (2) For the purposes of section 201(5) of the Act, the time within which the statutory declaration must be given to the Corporation is— (a) before, or within 28 days after, the service of a summons in respect of the offence; or r. 69 -- 53 of 147 -- Part 7—Inspections and Searches Concerning Heavy Vehicles Road Safety (General) Regulations 2009 S.R. No. 115/2009 50 (b) if an infringement notice was served on the registered operator in respect of the offence, before the infringement penalty has been lodged with an infringements registrar under Part 4 of the Infringements Act 2006. (3) For the purposes of section 201(5) of the Act, the statutory declaration must be given to the Corporation by delivering it personally or by post. __________________ r. 69 -- 54 of 147 -- Part 8—Parking Infringements Road Safety (General) Regulations 2009 S.R. No. 115/2009 51 PART 8—PARKING INFRINGEMENTS 70 Penalties for parking infringements For the purposes of section 87(3) of the Act, the infringement penalty for a parking infringement prescribed in column 4 of Schedule 6 is the amount prescribed in column 5 of that Schedule for that parking infringement. 71 Service of parking infringement notices (1) For the purposes of section 87 of the Act, a parking infringement notice may be served in accordance with section 12 of the Infringements Act 2006. (2) If a parking infringement notice is served by affixing or placing the notice on a vehicle in accordance with section 12(1)(c) of the Infringements Act 2006, the notice must be affixed or placed in a position which will be conspicuous to the driver of the vehicle— (a) by affixing an adhesive portion of the notice or a separate adhesive seal to the vehicle; or (b) by securing the notice under a windscreen wiper blade of the vehicle. 72 Summaries of parking infringements in Schedule 6 A summary of a parking infringement in Schedule 6 is not to be taken to affect the nature or elements of the infringement to which the summary refers or the operation of these Regulations. __________________ r. 70 -- 55 of 147 -- Part 9—Traffic Infringements Road Safety (General) Regulations 2009 S.R. No. 115/2009 52 PART 9—TRAFFIC INFRINGEMENTS 73 Prescribed traffic infringements For the purposes of the definition of traffic infringement in section 3 of the Act, an offence set out in column 4 of Schedule 7 is a prescribed offence for the purposes of Part 7 of the Act. 74 Penalties for traffic infringements For the purposes of section 88(5) of the Act, the infringement penalty for a traffic infringement prescribed in column 4 of Schedule 7 is the amount prescribed in column 5 of that Schedule for that traffic infringement. 75 Prescribed details of traffic infringement notice (1) For the purposes of section 88(2)(c) of the Act, the additional prescribed details that must be contained in a traffic infringement notice are— (a) in the case of an infringement notice issued in respect of an offence prescribed in regulation 29— (i) the words "The Operator"; and (ii) that it is an infringement notice in relation to an offence detected by a road safety camera; and (b) if the alleged traffic infringement arises out of driving or being in charge of a motor vehicle or trailer, the registration number or other identification of the motor vehicle or trailer; and r. 73 -- 56 of 147 -- Part 9—Traffic Infringements Road Safety (General) Regulations 2009 S.R. No. 115/2009 53 (c) if the traffic infringement notice relates to an alleged drink-driving infringement or excessive speed infringement— (i) that it is issued in respect of a drink- driving infringement or excessive speed infringement (as the case requires); and (ii) that unless a notice of objection is received at the address specified in the notice within 28 days after the date of the notice, the notice will take effect as a conviction and will result in cancellation or suspension of the licence or permit of the person on whom it is served; and (d) if the traffic infringement notice relates to an alleged drug-driving infringement, that— (i) it is issued in respect of a drug-driving infringement; and (ii) unless a notice of objection is received at the address specified in the notice within 28 days after the date of the notice, the notice will take effect as a conviction; and (e) if the notice is issued in respect of an offence prescribed in regulation 29, a statement that a copy of the image or message produced by a road safety camera of the alleged traffic infringement may be inspected or purchased and the manner in which the inspection or purchase may be arranged; and r. 75 -- 57 of 147 -- Part 9—Traffic Infringements Road Safety (General) Regulations 2009 S.R. No. 115/2009 54 (f) if the notice is issued in respect of a drink- driving infringement, drug-driving infringement or an excessive speed infringement under section 89A of the Act, the address of the person to whom a notice of objection is to be sent. Note These details are in addition to the prescribed details that are required to be included in an infringement notice under regulation 8 of the Infringements (Reporting and Prescribed Details and Forms) Regulations 2006. (2) An infringement notice issued in respect of a drink-driving infringement, drug-driving infringement or excessive speed infringement under section 89A of the Act may be accompanied by— (a) a notice setting out in summary form— (i) the consequences of paying or failing to pay the infringement penalty; and (ii) the consequences of giving or failing to give a notice of objection; and (b) a form of notice of objection. 76 Summaries of traffic infringements in Schedule 7 A summary of a traffic infringement set out in Schedule 7 is not to be taken to affect the nature or elements of the offence to which the summary refers or the operation of these Regulations. 77 Payment of penalty Payment of a penalty under section 89C(7) or 89D(6) of the Act may be made by posting or delivering the amount of the infringement penalty to the address specified in the infringement notice as the address for payment of the infringement penalty. r. 76 -- 58 of 147 -- Part 9—Traffic Infringements Road Safety (General) Regulations 2009 S.R. No. 115/2009 55 78 Withdrawal of traffic infringement notice For the purposes of sections 88(3) and 89A(7) of the Act, a withdrawal notice— (a) must be served in accordance with section 93 of the Act; and (b) must contain the following particulars— (i) the name and address of the person on whom the traffic infringement notice was served; and (ii) the number and date of issue of the traffic infringement notice; and (iii) a statement that the traffic infringement notice has been withdrawn; and (iv) if it is intended that proceedings in the Magistrates' Court be instituted against the person in respect of the alleged traffic infringement, a statement to that effect; and (v) if a payment has been made in respect of the infringement penalty, a statement that the amount paid will be refunded. 79 Proof of prior convictions or findings of guilt (1) For the purposes of section 90(1) of the Act, a document setting out particulars of alleged prior convictions or findings of guilt must contain the following particulars— (a) the name and address of the person to whom it applies; and (b) in respect of each alleged prior conviction or finding of guilt— (i) the court that convicted the person or found the person guilty; and r. 78 -- 59 of 147 -- Part 9—Traffic Infringements Road Safety (General) Regulations 2009 S.R. No. 115/2009 56 (ii) the date of the alleged conviction or finding of guilt; and (iii) a short description of the alleged offence and a short description of the alleged penalty imposed. (2) For the purposes of section 90(2)(a) of the Act, the prescribed particulars are a statement that the document will be admissible as evidence that the person has been previously convicted or found guilty as alleged if— (a) the person does not appear in answer to the summons served with the notice; and (b) the person is convicted or found guilty of the infringement alleged in the summons. __________________ r. 79 -- 60 of 147 -- Part 10—Operator Onus Road Safety (General) Regulations 2009 S.R. No. 115/2009 57 PART 10—OPERATOR ONUS 80 Prescribed period for making statements (1) Subject to subregulation (2), for the purposes of sections 84BE(1)(a) and 84BF(1)(a) of the Act, the prescribed period is— (a) in the case of an infringement notice served in respect of an excessive speed infringement, the period beginning on the date of the notice and ending immediately before a conviction takes effect under section 89A(2) of the Act; and Note Under section 89A(2) of the Act, a traffic infringement notice that is issued in respect of an excessive speed infringement, takes effect as a conviction for the offence specified in the notice 28 days after the date of the notice. (b) in the case of an infringement notice served in respect of any other operator onus offence— (i) if the infringement notice was served on a person other than a child and the offence is a lodgeable infringement offence within the meaning of the Infringements Act 2006, the period beginning on the date of the notice and ending immediately before the details of the infringement penalty in respect of that offence are lodged under section 54 of that Act; or (ii) if the infringement notice for that offence was served on a child, the period beginning on the date of the notice and ending immediately before the infringement penalty in respect of r. 80 -- 61 of 147 -- Part 10—Operator Onus Road Safety (General) Regulations 2009 S.R. No. 115/2009 58 that offence is registered under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005; or (iii) if subparagraphs (i) and (ii) do not apply, the period beginning on the date of the notice and ending immediately before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates. Note The period prescribed under paragraph (b) for making a statement under Part 6AA of the Act is the same period set out in section 22(2) of the Infringements Act 2006 for a person to apply to a relevant enforcement agency for internal review of a decision to serve an infringement notice under section 22 of the Infringements Act 2006. (2) If an extension of time to deal with, or object to, an infringement notice, has been granted under section 67 or 89B of the Act, the prescribed period for the purposes of sections 84BE(1)(a) and 84BF(1)(a) of the Act, is the extension of time granted under section 67 or 89B of the Act. 81 Prescribed period for accepting or rejecting statements For the purposes of section 84BE(6) of the Act, the prescribed period is 90 days beginning on the date that the enforcement official received the relevant statement. __________________ r. 81 -- 62 of 147 -- Part 11—Application of the Act to Public Authorities Road Safety (General) Regulations 2009 S.R. No. 115/2009 59 PART 11—APPLICATION OF THE ACT TO PUBLIC AUTHORITIES 82 Power to prosecute The following public authorities and persons are prescribed for the purposes of section 77(2)(e) of the Act— (a) the Melbourne Market Authority established under the Melbourne Market Authority Act 1977; (b) an Authority within the meaning of the Water Act 1989; (c) the Port of Melbourne Corporation established under the Port Services Act 1995; (d) a Board established under Part 4 of the Alpine Resorts (Management) Act 1997; (e) the Secretary to the Department of Sustainability and Environment; (f) the Minister administering Part 7B of the Financial Management Act 1994; (g) Parks Victoria established under the Parks Victoria Act 1998. 83 Prosecution for parking offences The following public authorities and persons are prescribed for the purposes of section 77(4) of the Act— (a) the Corporation; (b) the Secretary to the Department of Transport; (c) an authorised officer within the meaning of the Land Act 1958; r. 82 -- 63 of 147 -- Part 11—Application of the Act to Public Authorities Road Safety (General) Regulations 2009 S.R. No. 115/2009 60 (d) the Director of Marine Safety or an inspector appointed under Part 8 of the Marine Act 1988; (e) a Board established under Part 4 of the Alpine Resorts (Management) Act 1997; (f) the board of a public hospital or denominational hospital within the meaning of the Health Services Act 1988; (g) the council of a university established by or under any Act; (h) a council incorporated under Part 3.2 of the Education and Training Reform Act 2006 or the council or governing body of a TAFE institute within the meaning of the Education and Training Reform Act 2006; (i) a committee of management appointed under the Crown Land (Reserves) Act 1978. 84 Appropriation of fines For the purposes of section 77(5) of the Act— (a) a public authority or person specified in Column 1 of Schedule 8 is a prescribed public authority or person; and (b) a fund described in Column 2 of Schedule 8 is a prescribed fund in respect of the public authority or person set out in Column 1 of that Schedule opposite the fund; and (c) an offence is a prescribed offence if it is— (i) committed on land or premises which are vested in or under the control or management of the public authority or person concerned and is— (A) an offence under the Road Safety Road Rules 2009; or r. 84 -- 64 of 147 -- Part 11—Application of the Act to Public Authorities Road Safety (General) Regulations 2009 S.R. No. 115/2009 61 (B) an offence under Division 1, 2, 3, 4 or 5 of Part 2, Part 4, Part 5 or Part 8 of the Road Safety (Vehicles) Regulations 1999; or (C) an offence under Part 2 or 5 of the Road Safety (Drivers) Regulations 2009; or (ii) an offence against section 90E of the Act, or under a regulation made under the Act, for which the charge was filed by a municipal council or any member of staff of a municipal council who is authorised in writing to do so either generally or in a particular case by the municipal council. 85 Extension of the Act by the Minister The following persons are prescribed for the purposes of section 98(1) of the Act— (a) the Corporation; (b) Connex Melbourne Pty Ltd (ACN 087 516 210); (c) a Council within the meaning of the Local Government Act 1989; (d) the Melbourne Market Authority established under the Melbourne Market Authority Act 1977; (e) an Authority within the meaning of the Water Act 1989; (f) the Port of Melbourne Corporation established under the Port Services Act 1995; (g) the council of a university established by or under any Act; r. 85 -- 65 of 147 -- Part 11—Application of the Act to Public Authorities Road Safety (General) Regulations 2009 S.R. No. 115/2009 62 (h) a council incorporated under Part 3.2 of the Education and Training Reform Act 2006 or the council or governing body of a TAFE institute within the meaning of the Education and Training Reform Act 2006; (i) a committee of management appointed under the Crown Land (Reserves) Act 1978; (j) the board of a public hospital or denominational hospital within the meaning of the Health Services Act 1988; (k) the House Committee within the meaning of the Parliamentary Committees Act 2003; (l) the Secretary to the Department of Sustainability and Environment; (m) Parks Victoria established under the Parks Victoria Act 1998; (n) an officer of the Marine Board of Victoria appointed under Part 8 of the Marine Act 1988. __________________ r. 85 -- 66 of 147 -- Part 12—Savings and Transitionals Road Safety (General) Regulations 2009 S.R. No. 115/2009 63 PART 12—SAVINGS AND TRANSITIONALS 86 Transitional arrangements (1) In this regulation— commencement day means 9 November 2009; old Regulations means the Road Safety (General) Regulations 1999 as in force immediately before the commencement day. (2) Despite the revocation of the old Regulations, if a person is alleged to have committed an offence before the commencement day that was prescribed to be a traffic infringement or parking infringement under the old Regulations, the old Regulations are taken to continue to apply and any infringement notice issued and served in respect of that traffic infringement or parking infringement may be issued and served in accordance with the old Regulations. (3) If any document issued under the old Regulations before the commencement day makes reference to any device or system, such reference is taken to include a reference to a road safety camera or speed detector, where the case requires. (4) A reference to a road safety camera in a document issued after the commencement day, in respect of a traffic infringement that is alleged to have occurred before the commencement day, is taken to be a reference to a device prescribed under the old Regulations, where the case requires. (5) Any image or process produced in accordance with the process prescribed in regulation 47 or regulation 48 in relation to an alleged offence detected before the commencement day is taken to have been produced in accordance with the process prescribed by the old regulations. r. 86 -- 67 of 147 -- Part 12—Savings and Transitionals Road Safety (General) Regulations 2009 S.R. No. 115/2009 64 (6) This regulation does not affect or take away from the Interpretation of Legislation Act 1984. __________________ r. 86 -- 68 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 65 SCHEDULE SCHEDULE 1 Regulation 4 REVOCATIONS S.R. No. Title 27/1999 Road Safety (General) Regulations 1999 88/2000 Road Safety (General) (Speed Measuring Devices) Regulations 2000 96/2000 Road Safety (General) (Loading Zone Penalty) Regulations 2000 114/2000 Road Safety (General) (Blood Samples and Drug Testing) Regulations 2000 47/2001 Road Safety (General) (Traffic Infringements) Regulations 2001 57/2001 Road Safety (General) (Traffic Infringements Amendment) Regulations 2001 172/2001 Road Safety (General) (Amendment) Regulations 2001 12/2002 Road Safety (General) (Drink Driving Infringement) Regulations 2002 88/2002 Road Safety (General) (Infringements) Regulations 2002 90/2002 Road Safety (General) (Speed Measuring Devices) Regulations 2002 114/2002 Road Safety (General) (Responsible Driving) Regulations 2002 87/2003 Road Safety (General) (Speed Measuring Devices) Regulations 2003 132/2004 Road Safety (General) (Amendment) Regulations 2004 159/2004 Road Safety (General) (Alcohol and Other Drugs) Regulations 2004 120/2005 Road Safety (General) (Speed Measuring Devices) Regulations 2005 Sch. 1 -- 69 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 66 S.R. No. Title 126/2005 Road Safety (General) (Heavy Vehicle Safety) Regulations 2005 23/2006 Road Safety (General) (Commonwealth Games) Regulations 2006 82/2006 Road Safety (General) (Vehicle Impoundment) Regulations 2006 158/2006 Road Safety (General) (Infringements) Regulations 2006 175/2006 Road Safety (General) (Safety Cameras and Other Amendments) Regulations 2006 71/2007 Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007 153/2007 Road Safety (General) (Young Drivers) Regulations 2007 155/2007 Road Safety (General) (Engine Reading Devices Amendment) Regulations 2007 156/2007 Road Safety (General) (Prescribed Devices and Other Amendments) Regulations 2007 2/2008 Road Safety (General) (Prescribed Devices Amendment) Regulations 2008 26/2008 Road Safety (General) (Miscellaneous Amendments) Regulations 2008 59/2008 Road Safety (General) (Learner Approved Motor Cycle Scheme Amendment) Regulations 2008 77/2008 Road Safety (General) (Infringement Trial Amendments) Regulations 2008 79/2008 Road Safety (General) (Peer Passenger Restrictions) Regulations 2008 104/2008 Road Safety (General) Amendment Regulations 2008 115/2008 Road Safety (General) Amendment (Fatigue Management) Regulations 2008 137/2008 Road Safety (General) Further Amendment (Fatigue Management) Regulations 2008 17/2009 Road Safety (General) and Road Safety (Road Rules) Amendment (Seatbelts) Regulations 2009 Sch. 1 -- 70 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 67 S.R. No. Title 46/2009 Road Safety (General) and Road Safety (Road Rules) Amendment (Mobile Phones and Seatbelts) Regulations 2009 68/2009 Road Safety (General) Amendment (Road Safety Camera) Regulations 2009 93/2009 Road Safety (General) Amendment (Careless Driving) Regulations 2009 __________________ Sch. 1 -- 71 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 68 SCHEDULE 2 Regulation 6(3) CERTIFICATE UNDER SECTION 78A I am a licensed surveyor within the meaning of the Surveying Act 2004 and I am approved by— *the Surveyor-General *the Roads Corporation for the purposes of section 78A of the Road Safety Act 1986. I certify that the shortest distance, expressed in metres, that would be travelled by a motor vehicle on the [identify road] between: (a) [describe first point on road] and (b) [describe second point on road] is [insert number of metres] metres. Signature of person issuing certificate: Name: [print name] Date: * Delete if inapplicable __________________ Sch. 2 -- 72 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 69 SCHEDULE 3 Regulations 52, 65 CERTIFICATE UNDER SECTION 83 The *road safety camera/*speed detector/*portable weighing device/ (No. ) was tested in accordance with the Road Safety (General) Regulations 2009 on [date]. The test confirmed that the device was operating correctly in accordance with the requirements of those Regulations. The device has been properly sealed in accordance with those Regulations. Date: Signature of person issuing certificate: Name: [print name] * Strike out whichever is not applicable. __________________ Sch. 3 -- 73 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 70 SCHEDULE 4 Regulation 58 SEARCH AND SEIZURE WARRANT Court Ref. This warrant is issued for the purpose of searching for and seizing the motor vehicle described. Description of motor vehicle authorised for seizure: • Registration number (if known): • Vehicle identifier (if known): • Engine identification number (if known): • Make, model and colour of motor vehicle: Premises which may be searched for motor vehicle: Number and name of street and suburb or other description of premises: Grounds for issue of warrant: Reasonable grounds for believing that the motor vehicle described above— † is † may be within the next 72 hours— in or on the premises described. This warrant is issued to the following member(s) of the police force— • Name: • Rank number: • Agency and address: ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– This warrant authorises the member(s) of the police force named, with the aid of any assistants considered reasonably necessary to achieve the purpose for which the warrant was issued, to— † enter the premises described; † use reasonable force to break into or open any structure on the premises described above that may store the motor vehicle described; † search for and seize the motor vehicle described. Sch. 4 -- 74 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 71 This warrant also authorises the member(s) of the police force named, or a person assisting that member or those members, to seize and impound or immobilise the motor vehicle described in this warrant. Nothing in this warrant authorises the seizure of property not described in this warrant or the arrest of a person. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– This warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it. If it is not recalled and cancelled, this warrant ceases to have effect at the end of one month after its issue or when it is executed, whichever occurs first. The person who executes this warrant must announce that he or she is authorised by the warrant to enter the premises and must give any person at the premises an opportunity to allow entry to the premises before force is used to enter. If the occupier is present at the premises where this warrant is being executed, the person executing the warrant must identify himself or herself to the occupier and give the occupier a copy of the warrant. If the occupier is not present at the premises where this warrant is being executed, the person executing the warrant must identify himself or herself to any other person at the premises and give that person a copy of the warrant. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– This warrant is issued under section 84ZH of the Road Safety Act 1986. Issued at a.m./p.m. on / / at by Magistrate. __________________ Sch. 4 -- 75 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 72 SCHEDULE 5 Regulation 59 REPORT ON EXECUTION OF SEARCH AND SEIZURE WARRANT To the registrar of the Magistrates' Court I, [insert name and address] being the person to whom this search and seizure warrant was issued, report the following outcome in relation to the warrant— † The warrant was executed by [insert name and address] at a.m./p.m. on / / The following motor vehicle was seized— • Registration number (if known): • Vehicle identifier (if known): • Engine identification number (if known): • Make, model and colour of motor vehicle: A copy of the warrant * was given to the occupier * was given to a person at the premises other than the occupier * was not given to the occupier or any other person at the premises because— [set out reasons why copy of warrant not given] * Delete whichever is inapplicable † This warrant was not executed because— [set out reasons why warrant not executed] Date Signature __________________ Sch. 5 -- 76 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 73 SCHEDULE 6 Regulation 70 PARKING INFRINGEMENTS In this Schedule, RR means the Road Safety Road Rules 2009 Item No. Column 1 Code Column 2 Summary of parking infringement Column 3 Prescribed parking infringement reference Column 4 Infringement penalty Column 5 1 0701 Parking for longer than indicated RR 205 0·2 penalty unit 2 0702 Parked—fail to pay fee and obey instructions on sign, meter, ticket or ticket-vending machine RR 207(2) 0·2 penalty unit 3 0704 Stopped on a bicycle parking area RR 201 0·2 penalty unit 4 0705 Stopped on a motor bike parking area RR 202 0·2 penalty unit 5 0706 Parked contrary to requirement of parking area RR 209(2) 0·2 penalty unit 6 0707 Parked not at an angle of 45 degrees RR 210(1) 0·2 penalty unit 7 0708 Parked not at an angle of 90 degrees RR 210(1) 0·2 penalty unit 8 0711 Parked not completely within a parking bay RR 211(2) 0·2 penalty unit Sch. 6 -- 77 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 74 Item No. Column 1 Code Column 2 Summary of parking infringement Column 3 Prescribed parking infringement reference Column 4 Infringement penalty Column 5 9 0712 Parked—long vehicle exceeding minimum number of bays RR 211(3) 0·2 penalty unit 10 0713 Parked—wide vehicle exceeding minimum number of bays RR 211(3) 0·2 penalty unit 11 0621 Stopped contrary to a no parking sign RR 168(1) 0·2 penalty unit 12 0715 Stopped on a marked foot crossing RR 173(1) 0·6 penalty unit 13 0716 Stopped within 10 metres of a marked foot crossing RR 173(1) 0·6 penalty unit 14 0717 Stopped within 3 metres after marked foot crossing RR 173(1) 0·6 penalty unit 15 0718 Stopped within 10 metres before bicycle crossing lights RR 174(2) 0·6 penalty unit 16 0719 Stopped within 3 metres after bicycle crossing lights RR 174(2) 0·6 penalty unit 17 0720 Stopped in a loading zone RR 179(1) 1 penalty unit 18 0721 Stopped in a loading zone longer than 30 minutes RR 179(2)(a) 1 penalty unit Sch. 6 -- 78 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 75 Item No. Column 1 Code Column 2 Summary of parking infringement Column 3 Prescribed parking infringement reference Column 4 Infringement penalty Column 5 19 0722 Stopped in a loading zone longer than indicated time RR 179(2)(b) 1 penalty unit 20 0723 Stopped in a truck zone RR 180 0·6 penalty unit 21 0724 Stopped in a mail zone RR 186(1) 0·6 penalty unit 22 0725 Stopped in a works zone RR 181(1) 0·6 penalty unit 23 0726 Stopped in a taxi zone RR 182(1) 0·6 penalty unit 24 0727 Stopped in a bus zone RR 183(1) 0·6 penalty unit 25 0728 Stopped in a permit zone RR 185(1) 0·6 penalty unit 26 0729 Stopped—double park RR 189 0·6 penalty unit 27 0730 Stopped within 1 metre of fire hydrant RR 194(1) 0·6 penalty unit 28 0731 Stopped within 1 metre of fire hydrant indicator RR 194(1) 0·6 penalty unit 29 0732 Stopped within 1 metre of fire plug indicator RR 194(1) 0·6 penalty unit 30 0733 Stopped on a bus stop RR 195(1) 0·6 penalty unit 31 0734 Stopped within 20 metres before a sign indicating a bus stop RR 195(1) 0·6 penalty unit Sch. 6 -- 79 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 76 Item No. Column 1 Code Column 2 Summary of parking infringement Column 3 Prescribed parking infringement reference Column 4 Infringement penalty Column 5 32 0735 Stopped within 10 metres after a sign indicating a bus stop RR 195(1) 0·6 penalty unit 33 0736 Stopped on a bicycle path RR 197(1) 0·6 penalty unit 34 0737 Stopped on a footpath RR 197(1) 0·6 penalty unit 35 0738 Stopped on a shared path RR 197(1) 0·6 penalty unit 36 0739 Stopped on a dividing strip RR 197(1) 0·6 penalty unit 37 0740 Stopped on a nature strip RR 197(1) 0·6 penalty unit 38 0623 Stopped on a painted island RR 197(1A) 0·6 penalty unit 39 0741 Stopped within 3 metres of a public post box RR 199(1) 0·6 penalty unit 40 0742 Stopped within 20 metres of intersection with traffic lights RR 170(2) 0·6 penalty unit 41 0626 Stopped on or across a driveway or other way of access RR 198(2) 0·6 penalty unit 42 0745 Parked not facing direction of travel RR 208(1) 0·6 penalty unit 43 0746 Parked not parallel to far left side of two-way road RR 208(1) 0·6 penalty unit Sch. 6 -- 80 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 77 Item No. Column 1 Code Column 2 Summary of parking infringement Column 3 Prescribed parking infringement reference Column 4 Infringement penalty Column 5 44 0747 Parked not as near as practicable to far left side of two-way road RR 208(1) 0·6 penalty unit 45 0748 Parked not parallel to far left side of one-way road RR 208(1) 0·6 penalty unit 46 0749 Parked not parallel to far right side of one-way road RR 208(1) 0·6 penalty unit 47 0750 Parked not as near as practicable to far left side of one- way road RR 208(1) 0·6 penalty unit 48 0751 Parked not as near as practicable to far right side of one-way road RR 208(1) 0·6 penalty unit 49 0752 Parked less than 1 metre from other vehicle RR 208(1) 0·6 penalty unit 50 0625 Parked less than 3 metres from continuous dividing line or dividing strip RR 208(1) 0·6 penalty unit 51 0754 Parked—fail to leave 3 metres of road for other vehicle to pass RR 208(1) 0·6 penalty unit 52 0755 Parked unreasonably obstructing the path of vehicles RR 208(1) 0·6 penalty unit Sch. 6 -- 81 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 78 Item No. Column 1 Code Column 2 Summary of parking infringement Column 3 Prescribed parking infringement reference Column 4 Infringement penalty Column 5 53 0756 Parked unreasonably obstructing the path of pedestrians RR 208(1) 0·6 penalty unit 54 0622 Parked in a road related area (except in a median strip parking area) where vehicle not facing direction of adjacent traffic RR 208A 0·6 penalty unit 55 0758 Stopped next to a yellow edge line RR 169 0·6 penalty unit 56 0759 Stopped on a level crossing RR 175(1) 0·6 penalty unit 57 0760 Stopped within 20 metres before level crossing RR 175(1) 0·6 penalty unit 58 0761 Stopped within 20 metres after level crossing RR 175(1) 0·6 penalty unit 59 0762 Stopped on a freeway RR 177(1) 0·6 penalty unit 60 0763 Stopped in an emergency stopping lane RR 178 0·6 penalty unit 61 0764 Stopped in a bus lane RR 187(1) 0·6 penalty unit 62 0765 Stopped in a transit lane RR 187(1) 0·6 penalty unit 63 0766 Stopped in a truck lane RR 187(1) 0·6 penalty unit 64 0767 Stopped in a tram lane RR 187(2) 0·6 penalty unit Sch. 6 -- 82 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 79 Item No. Column 1 Code Column 2 Summary of parking infringement Column 3 Prescribed parking infringement reference Column 4 Infringement penalty Column 5 65 0768 Stopped on a tram track RR 187(2) 0·6 penalty unit 66 0769 Stopped in a shared zone RR 188 0·6 penalty unit 67 0770 Stopped in a safety zone RR 190(1) 0·6 penalty unit 68 0771 Stopped within 10 metres before a safety zone RR 190(1) 0·6 penalty unit 69 0772 Stopped within 10 metres after a safety zone RR 190(1) 0·6 penalty unit 70 0773 Stopped near an obstruction RR 191 0·6 penalty unit 71 0774 Stopped on a bridge, causeway, ramp or similar structure with width less than approach road RR 192(1) 0·6 penalty unit 72 0775 Stopped in a tunnel with width less than approach road RR 192(2) 0·6 penalty unit 73 0776 Stopped in an underpass with width less than approach road RR 192(2) 0·6 penalty unit 74 0777 Stopped on a crest not in a built-up area RR 193(1) 0·6 penalty unit 75 0778 Stopped near a crest not in a built- up area RR 193(1) 0·6 penalty unit Sch. 6 -- 83 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 80 Item No. Column 1 Code Column 2 Summary of parking infringement Column 3 Prescribed parking infringement reference Column 4 Infringement penalty Column 5 76 0779 Stopped on a curve not in a built-up area RR 193(1) 0·6 penalty unit 77 0780 Stopped near a curve not in a built-up area RR 193(1) 0·6 penalty unit 78 0781 Stopped—obstruct access to a footpath RR 198(1) 0·6 penalty unit 79 0782 Stopped—obstruct access to a bicycle path RR 198(1) 0·6 penalty unit 80 0783 Stopped—obstruct access to a passageway RR 198(1) 0·6 penalty unit 81 0784 Stopped—obstruct access from a footpath RR 198(1) 0·6 penalty unit 82 0785 Stopped—obstruct access from a bicycle path RR 198(1) 0·6 penalty unit 83 0786 Stopped—obstruct access from a passageway RR 198(1) 0·6 penalty unit 84 0787 Stopped heavy vehicle not on shoulder of road RR 200(1) 0·6 penalty unit 85 0788 Stopped long vehicle not on shoulder of road RR 200(1) 0·6 penalty unit 86 0789 Stopped heavy vehicle in built-up area longer than 1 hour RR 200(2) 0·6 penalty unit Sch. 6 -- 84 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 81 Item No. Column 1 Code Column 2 Summary of parking infringement Column 3 Prescribed parking infringement reference Column 4 Infringement penalty Column 5 87 0790 Stopped long vehicle in built-up area longer than 1 hour RR 200(2) 0·6 penalty unit 88 0791 Stopped— clearance and side marker lights not operating effectively and visible RR 220(1)(a) 0·6 penalty unit 89 0792 Stopped—parking lights not operating effectively and visible RR 220(1)(b) 0·6 penalty unit 90 0793 Stopping contrary to a no stopping sign RR 167 1 penalty unit 91 0794 Stopping on a children's crossing RR 171(1) 1 penalty unit 92 0795 Stopping within 20 metres before a children's crossing RR 171(1) 1 penalty unit 93 0796 Stopping within 10 metres after a children's crossing RR 171(1) 1 penalty unit 94 0797 Stopped on a pedestrian crossing RR 172(1) 1 penalty unit 95 0798 Stopped within 20 metres before pedestrian crossing RR 172(1) 1 penalty unit 96 0799 Stopped within 10 metres after pedestrian crossing RR 172(1) 1 penalty unit Sch. 6 -- 85 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 82 Item No. Column 1 Code Column 2 Summary of parking infringement Column 3 Prescribed parking infringement reference Column 4 Infringement penalty Column 5 97 0800 Stopped on a clearway RR 176(1) 1 penalty unit 98 0624 Stopped within 20 metres before a sign displaying the words "tram stop" or "tram stop request" RR 196(1) 1 penalty unit 99 0803 Stopped in a parking area for people with disabilities either— (a) without a current parking permit for people with disabilities clearly displayed in the vehicle; or (b) not in accordance with the permit conditions RR 203(1) 1 penalty unit 100 0620 Stopped in a slip lane RR 203A 1 penalty unit 101 0804 Stopped within 10 metres of intersection RR 170(3) 1 penalty unit 102 0805 Stopped in an intersection RR 170(1) 1 penalty unit Sch. 6 -- 86 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 83 Item No. Column 1 Code Column 2 Summary of parking infringement Column 3 Prescribed parking infringement reference Column 4 Infringement penalty Column 5 103 0806 Parked or stopped on a reserve without consent Melbourne Parks and Gardens (Joint Trustee Reserves) Regulations 1994 1 0·6 penalty unit 104 0807 Disobey direction to move vehicle from parking area for people with disabilities RR 203(4) 1 penalty unit 105 0627 Stopped on a road within 10 metres before or after a safety zone RR 190(1) 0·6 penalty unit Note Section 87(3A) of the Act provides for the penalty for a parking infringement constituted by a contravention of section 90E of the Act. __________________ Sch. 6 -- 87 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 84 SCHEDULE 7 Regulations 73, 74 TRAFFIC INFRINGEMENTS In this Schedule— RS(D)R means the Road Safety (Drivers) Regulations 2009; RR means the Road Safety Road Rules 2009; RSA means the Road Safety Act 1986; TA means the Transport Act 1983. Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 Heavy Vehicles 1 1935 Exceed speed limit in a heavy vehicle by less than 10 km per hour RR 20 1⋅75 penalty units 2 1936 Exceed speed limit in a heavy vehicle by 10 km per hour or more but less than 15 km per hour RR 20 2⋅75 penalty units 3 1937 Exceed speed limit in a heavy vehicle by 15 km per hour or more but less than 25 km per hour RR 20 4 penalty units 4 1938 Exceed speed limit in a heavy vehicle by 25 km per hour or more but less than 30 km per hour RR 20 5⋅5 penalty units Sch. 7 -- 88 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 85 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 5 1939 Exceed speed limit in a heavy vehicle by 30 km per hour or more but less than 35 km per hour RR 20 7 penalty units 6 1940 Exceed speed limit in a heavy vehicle by 35 km per hour or more but less than 40 km per hour RSA 65B 8⋅5 penalty units 7 1941 Exceed speed limit in a heavy vehicle by 40 km per hour or more but less than 45 km per hour RSA 65B 10 penalty units 8 1942 Exceed speed limit in a heavy vehicle by 45 km per hour or more RSA 65B 11⋅5 penalty units 9 2161 Fail to carry, use or permit inspection of portable warning triangles RR 226(1), (2), 227(2) and (3) 1 penalty unit Speeding 10 1926 Exceed speed limit in a vehicle other than a heavy vehicle by less than 10 km per hour RR 20 1⋅25 penalty units Sch. 7 -- 89 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 86 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 11 1927 Exceed speed limit in a vehicle other than a heavy vehicle by 10 km per hour or more but less than 15 km per hour RR 20 2 penalty units 12 1928 Exceed speed limit in a vehicle other than a heavy vehicle by 15 km per hour or more but less than 25 km per hour RR 20 2 penalty units 13 1929 Exceed speed limit in a vehicle other than a heavy vehicle by 25 km per hour or more but less than 30 km per hour RR 20 2⋅75 penalty units 14 1930 Exceed speed limit in a vehicle other than a heavy vehicle by 30 km per hour or more but less than 35 km per hour RR 20 3⋅25 penalty units 15 1931 Exceed speed limit in a vehicle other than a heavy vehicle by 35 km per hour or more but less than 40 km per hour RR 20 3⋅75 penalty units Sch. 7 -- 90 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 87 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 16 1932 Exceed speed limit in a vehicle other than a heavy vehicle by 40 km per hour or more but less than 45 km per hour RR 20 4⋅25 penalty units 17 1933 Exceed speed limit in a vehicle other than a heavy vehicle by 45 km per hour or more RR 20 5 penalty units 18 1934 Exceed speed limit in a vehicle other than a heavy vehicle in a 110 km per hour zone by 20 km per hour or more but less than 25 km per hour RR 20 2 penalty units 19 8375 Permit learner driver to drive at excessive speed RR 406(2) 1⋅25 penalty units Failing to Give Way or Stop 20 2011 Fail to give way to a pedestrian RR 38, 72(1), 73(1), 74(1)(b), (c), (d), 75(1)(a), (b), 81(2) and 83 1⋅75 penalty units 21 8359 Fail to give way to pedestrian or animal when legally driving on a path, nature strip RR 288(4), 289(2) 1.5 penalty units 22 2012 Fail to give way at intersection RR 38, 72(1) and 73(1) 1⋅75 penalty units Sch. 7 -- 91 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 88 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 23 2013 Fail to give way not at intersection RR 38, 74(1)(a), (c), 75(1)(b), (c), (d), 77(1), 84(1), and 87(1) 1⋅75 penalty units 24 2014 Fail to keep clear or give way to police vehicle or emergency vehicle RR 78(1), (2) and 79(1) 1⋅75 penalty units 25 2015 Fail to give way at roundabout RR 114(1) and (2) 1⋅75 penalty units 26 2021 Fail to stop and remain stationary at children's crossing RR 80(2), (3) and (4) 2⋅5 penalty units 27 2022 Pass stopped vehicle at children's crossing or pedestrian crossing RR 82 2⋅5 penalty units 28 2023 Pass stopped tram RR 163(1) , 164(1) and 164A(1) 2⋅5 penalty units 29 2024 Fail to stop or give way at level crossing RR 121, 122 and 123 5 penalty units 30 8369 Bus fail to stop at correct distance from level crossing where no gates, booms, barriers or lights RR 124A (1)(a) 1⋅25 penalty units 31 8333 Fail to give way to a pedestrian RR 62(1) and 63(2) and (3) 1⋅75 penalty units Sch. 7 -- 92 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 89 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 32 8361 Fail to give way to a vehicle when legally driving on a path or nature strip RR 288(4) and 289(2) 1⋅75 penalty units 33 8334 Fail to give way not at intersection RR 85, 86(1) and 87(3) 1⋅75 penalty units Keeping left and diverging 34 2031 Fail to keep left of oncoming vehicle RR 131(1) 1⋅75 penalty units 35 2032 Drive on wrong side of divided road RR 135(1) 2 penalty units 36 2045 Drive in wrong direction on a one-way service road RR 136 1⋅75 penalty units 37 2033 Drive on or over or to the right of dividing lines RR 132(2) and (2A) 2 penalty units 38 2046 Drive on or over painted island with double lines RR 138(1) 2 penalty units 39 8381 Drive on or over painted island other than double lines RR 138(1) 2 penalty units 40 8380 Fail to keep left other than double lines RR 132(2) and (2A) 2 penalty units 41 2034 Fail to keep left of safety zone RR 162(1) 2⋅5 penalty units 42 2035 Fail to keep left of centre of road RR 132(1) 1⋅25 penalty units Sch. 7 -- 93 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 90 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 43 2037 Fail to keep as far left as practicable RR 129(1) and 130(2) 1 penalty unit 44 2038 Cross single continuous lane line or fail to stay within marked lane or line of traffic RR 146(1), (2) and 147 1 penalty unit 45 2039 Improperly pass or change lanes or line of traffic without giving way RR 148(1), (2) and 148A 1·5 penalty units 46 2040 Fail to give way when merging RR 149 1⋅5 penalty units Overtaking 47 2041 Pass to right or left of tram RR 160(2), (3) 2 penalty units 48 2042 Pass to right of right turning vehicle or a vehicle making a U-turn from the centre of the road RR 142(1) and 143(2) 2 penalty units 49 2043 Overtake vehicle on left RR 141(1) 1⋅5 penalty units 50 8347 Overtake vehicle with DO NOT OVERTAKE TURNING VEHICLE sign on left RR 143(1), (1A) 2 penalty units 51 8349 Fail to leave enough room when overtaking, or cut in too soon RR 144 2 penalty units Sch. 7 -- 94 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 91 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 52 8354 Drive past or overtake tram turning right or giving right change of direction signal RR 161(3) 2 penalty units 53 2044 Increase speed when being overtaken RR 145 2 penalty units Signalling 54 2051 Fail to give signal RR 46(1), 48(1), 53(1), (2), (3) 1 penalty unit 55 8376 Fail to give signal RR 112(2), (3), 113(2), (3), 117(1), (2) and 118(1) 1 penalty unit 56 2052 Fail to cancel or incorrectly operate signal RR 46(4), 48(4), 51 and 118(2) 1 penalty unit Turning 57 2061 Perform unsafe U-turn RR 37 2 penalty units 58 2062 Make incorrect left, right or U-turn or turn improperly RR 27(1), 28(1), 28(1A), 29(1), 31(1), 32(1) and 33(1) 1 penalty unit 59 2063 Enter roundabout from wrong marked lane or line of traffic or disobey traffic lane arrows when in roundabout RR 111(1) and 116 1 penalty unit Sch. 7 -- 95 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 92 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 60 8330 Make incorrect U-turn at an intersection RR 42 1 penalty unit 61 2071 Fail to have headlights, tail lights and number plate lights on at night or in hazardous weather conditions RR 215(1)(a) and 216(1) 1⋅5 penalty units 62 2072 Fail to have clearance lights or side marker lights on at night or in hazardous weather conditions RR 215(1)(b) 1 penalty unit 63 2073 Fail to dip headlights RR 218(1) 1⋅5 penalty units 64 2074 Operate any front or rear fog light other than as permitted RR 217(1) 1 penalty unit 65 2075 Use hazard warning lights other than as permitted RR 221 1 penalty unit 66 2076 Animal drawn vehicle—fail to have lights and reflectors displayed at night or in hazardous weather conditions RR 223 1 penalty unit Sch. 7 -- 96 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 93 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 Safety Procedures 67 2570 Careless driving of a motor vehicle by a full licence holder RSA 65(1) 2⋅4 penalty units 68 2078 Use handheld mobile phone while driving RR 300(1) 2 penalty units 69 2079 Learner driver or holder of a P1 probationary licence using any mobile phone RR 300(1A) 2 penalty units 70 2085 Ride motor bike without helmet or with passenger without helmet RR 270(1) 2 penalty units 71 2573 Holder of motor cycle licence for less than 12 months carrying pillion passenger RS(D)R 58(1)(b) 2 penalty units 72 2574 Holder of motor cycle learner permit carrying pillion passenger RS(D)R 58(2)(b) 2 penalty units 73 8358 Rider improperly carrying pillion/sidecar passenger on a motor bike RR 271(3), (4), (5), and (5A) 2 penalty units 74 8382 Rider not ensuring sidecar passenger properly seated RR 271(5C) 2 penalty units Sch. 7 -- 97 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 94 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 75 2088 Fail to have full control, uninterrupted view, at least one hand on handlebars (motor bikes only) or both feet on footrests while motor bike moving RR 271(1), 297(1), (2), (1A) and (3) 1⋅5 penalty units 76 2089 Cause hazard to person or vehicle by opening door or alighting from vehicle RR 269(3) 1 penalty unit 77 2090 Drive or travel with any part of body protruding RR 268(3) and (4) 1 penalty unit 78 2091 Fail to wear properly fastened and adjusted seat- belt (driver) RR 264(1) 2 penalty units 79 2092 Fail to wear properly fastened and adjusted seat- belt (passenger) RR 265(1) 2 penalty units 80 8370 Driver failing to ensure that passenger over 16 years of age wearing properly fastened and adjusted seatbelt RR 265(3) 2 penalty units Sch. 7 -- 98 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 95 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 81 2541 Travel in or on part of motor vehicle not designed for carriage of passengers or goods (passenger) RR 268(1) 2 penalty units 82 2542 Travel improperly seated or unrestrained in or on part of motor vehicle designed for carriage of goods RR 268(2) 2 penalty units 83 8379 Driver carrying passenger improperly seated or unrestrained in or on part of motor vehicle designed for carriage of goods; Driver travelling with a passenger in or on a part of a motor vehicle not designed for the carriage of passengers or goods RR 268(4A) and (4B) 2 penalty units 84 2544 Passenger on motor bike/sidecar not wearing helmet RR 270(2) 2 penalty units 85 2545 Pillion passenger not properly seated on motor bike RR 271(2) and (5B) 2 penalty units Sch. 7 -- 99 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 96 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 86 7385 Passenger occupying same seating position as another passenger RR 265(1) 2 penalty units 87 7386 Passenger under 16 not restrained RR 266(1) 2⋅25 penalty units 88 7387 Passenger under 16 occupying same seating position as another passenger RR 266(1) 2⋅25 penalty units 89 8371 Leading an animal while driving a vehicle RR 301(1), (2) and (3) 1 penalty unit Drink Driving 90 1991 Drive or be in charge of a motor vehicle 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— RSA 49 3 penalty units Sch. 7 -- 100 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 97 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 (c) RSA 52 (zero blood or breath alcohol) does not apply to the person; and (d) the person holds a full driver licence (or would hold a full driver licence but for the person's failure to renew it); and (e) the person is aged 26 years or older at the time of the traffic infringement 91 1992 Drive or be in charge of a motor vehicle 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— RSA 49 3 penalty units Sch. 7 -- 101 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 98 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 (c) RSA 52 (zero blood or breath alcohol) does not apply to the person; and (d) the person holds a full driver licence; and (e) the person is aged under 26 years at the time of the traffic infringement 92 1994 Drive or be in charge of a motor vehicle 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 RSA 52 (zero blood or breath alcohol) applies to the person RSA 49 3 penalty units Sch. 7 -- 102 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 99 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 93 1996 Drive or be in charge of motor vehicle 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 RSA 49 3 penalty units 94 2093 Drive or be in charge of motor vehicle with unlawful blood alcohol level of less than 0⋅05g/100 ml or breath alcohol level of less than 0⋅05g/210 litres of exhaled air RSA 49 2⋅5 penalty units 95 2095 Drive or be in charge of motor vehicle 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 RSA 49 4⋅25 penalty units Sch. 7 -- 103 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 100 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 96 2096 Drive or be in charge of motor vehicle 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 RSA 49 4⋅25 penalty units 97 2097 Drive or be in charge of motor vehicle 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 RSA 49 4⋅25 penalty units 98 2098 Drive or be in charge of motor vehicle 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 RSA 49 4⋅25 penalty units Sch. 7 -- 104 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 101 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 99 2099 Drive or be in charge of motor vehicle 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 RSA 49 4⋅25 penalty units Drug Driving 100 1999 Drive or be in charge of motor vehicle with prescribed concentration of drugs or more than the prescribed concentration of drugs present in blood or oral fluid RSA 49 3 penalty units Signals 101 8360 Fail to give way when turning at a flashing yellow light at an intersection RR 64 1⋅75 penalty units Sch. 7 -- 105 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 102 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 102 8372 Driver of public bus failing to leave intersection as soon as possible if B light changes to red or yellow while in the intersection; Fail to clear intersection as soon as possible if entering on yellow light; Fail to leave intersection as soon as practicable if lights change to red after entering; Fail to give way to a pedestrian on a marked foot crossing with flashing yellow lights or passing stationary vehicle at such crossing; Fail to stop at twin red lights not at level crossing; Proceeding after stopping at twin red lights, while lights are still showing; Proceeding through a bicycle storage area before a red traffic light or arrow RR 286(3), 57(3), 60A(1), 60A(2), 61(5), 65(2), 66(1) and 66(4) 2 penalty units Sch. 7 -- 106 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 103 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 103 8368 Fail to obey yellow traffic lights or disobey yellow traffic lights RR 57(1) 2⋅5 penalty units 104 2101 Fail to obey traffic lights or disobey traffic lights; Entering intersection while red arrow showing; Drive in marked traffic lane in defiance of overhead lane signal; Driver of public bus fail to stop at red or yellow B light; Driver of public bus stopping for yellow or red B lights proceeding before lights change; Driver of public bus stopped at intersection when B light turns to yellow or red or turns off, who then proceeds without other light; Fail to stop and not proceed at stop light; Fail to stop and not proceed at red arrow; Fail to stop and not RR 56(1), 56(2), 57(2), 59(1), 60, 61(2), 152(1), 281(a), 281(b), 282(a), 282(b), 284(a), 284(b), 286(2)(a), 286(2)(b) and 286(2)(c) 2⋅5 penalty units Sch. 7 -- 107 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 104 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 proceed (unless unable to stop in time) at yellow traffic light or arrow; Entering intersection (or marked foot crossing) while red light showing; Entering intersection after stopping, while red light is showing 105 2149 Failure of driver of tram to obey T light RR 274, 275, 277, 279(2) and 279(3) 2⋅5 penalty units Licensing and Registration 106 2104 Fail to return licence or learner permit upon suspension or cancellation RS(D)R 81 1 penalty unit 107 2105 Unlicensed driving by the holder of a licence or permit issued outside Victoria whose 3 month exemption from holding a Victorian licence has expired under RS(D)R 17(1)(b) or (c) RSA 18 2⋅5 penalty units Sch. 7 -- 108 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 105 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 108 2106 Unlicensed driving in the circumstances set out in paragraphs (a) and (b) of section 18(2) of the RSA, namely when a previous licence or International Driving Permit has expired and the licence has not been cancelled for an offence RSA 18 2⋅5 penalty units 109 2107 Unlicensed driving in circumstances other than those referred to in codes 2105 and 2106 RSA 18 5 penalty units 110 2108 Fail to produce licence, learner permit or other document on request or within 7 days RSA 59(1)(a) and (3), TA 216(1)(a) 1 penalty unit 111 2109 Probationary driver failing to have licence in his or her possession while driving or in charge of a motor vehicle RSA 21(1A) 1 penalty unit 112 8377 Probationary driver who drives a probationary prohibited vehicle on a highway RS(D)R 57(1) 2 penalty units Sch. 7 -- 109 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 106 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 113 2111 Breach of a condition of driver licence or permit in Schedule 2 to the RS(D)R (other than E condition) RSA 18(1)(b) 1 penalty unit 114 2112 Fail to display "L" plates when and as required RS(D)R 47(1) 1 penalty unit 115 2114 Display "P" plates when not required RS(D)R 55(2) 1 penalty unit 116 2115 Display "L" plates when not required RS(D)R 47(3) 1 penalty unit 117 8322 Fail to display driver under instruction plate RS(D)R 15(3) 1 penalty unit 118 8323 Fail to carry notice explaining code condition RS(D)R 37(4) 1 penalty unit 119 8373 Fail to carry notice explaining condition— overseas or other jurisdiction RS(D)R 37(5) 1 penalty unit 120 8324 Learner driver towing trailer RS(D)R 46(1) 2 penalty units 121 8325 Learner driver driving without experienced driver RS(D)R 46(2) 5 penalty units 122 8326 Learner driver driving tractor without meeting conditions RS(D)R 46(3) 2 penalty units Sch. 7 -- 110 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 107 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 123 8374 Experienced driver sitting next to learner driver who is failing to comply with "L" plate requirements RS(D)R 47(2) 1 penalty unit 124 8327 P1 driver carrying more than one passenger after cancellation or suspension RS(D)R 60(3) 3 penalty units 125 2116 Fail to notify Corporation of change of name or address RS(D)R 67(1) 1 penalty unit 126 8328 Fail to notify of permanent or long-term injury or illness RS(D)R 67(2) 1 penalty unit 127 2125 Own or use unregistered motor vehicle with 2 axles (other than a motor cycle) RSA 7 5 penalty units 128 2126 Own or use unregistered motor vehicle with 3 axles RSA 7 9 penalty units 129 2127 Own or use unregistered motor vehicle with 4 axles RSA 7 9 penalty units 130 2128 Own or use unregistered motor vehicle with 5 or more axles RSA 7 9 penalty units Sch. 7 -- 111 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 108 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 131 2129 Fail to display "P" plates when and as required RS(D)R 55(1) 1 penalty unit 132 2569 P1 probationary driver or corresponding novice driver driving a motor vehicle with more than one peer passenger RS(D)R 61(1) 3 penalty units 133 2571 Holder of motor cycle licence for less than 12 months driving motor cycle that is not a learner approved motor cycle RS(D)R 58(1)(a) 2 penalty units 134 2572 Holder of motor cycle learner permit driving motor cycle that is not a learner approved motor cycle RS(D)R 58(2)(a) 2 penalty units 135 2546 P1 probationary licence holder towing another vehicle RS(D)R 59 2 penalty units 136 2601 Own or use unregistered motor cycle with engine capacity of 60 cc or less RSA 7 1 penalty unit Sch. 7 -- 112 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 109 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 137 2602 Own or use unregistered motor cycle with engine capacity of 61 cc or more but less than 501 cc RSA 7 3 penalty units 138 2603 Own or use unregistered motor cycle with engine capacity of 501 cc or more RSA 7 5 penalty units 139 2604 Own or use an unregistered trailer that is not a heavy vehicle RSA 7 1 penalty unit 140 2605 Own or use an unregistered trailer that is a heavy vehicle with 1 axle RSA 7 4 penalty units 141 2606 Own or use an unregistered trailer that is a heavy vehicle with 2 axles RSA 7 6 penalty units 142 2607 Own or use an unregistered trailer that is a heavy vehicle with 3 or more axles RSA 7 9 penalty units 143 2608 Person aged less than 26 years failing to have licence in his or her possession while driving or in charge of motor vehicle RSA 19(8) 0⋅5 penalty unit Sch. 7 -- 113 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 110 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 144 2609 Holder of learner permit failing to have learner permit in his or her possession while driving or in charge or motor vehicle RSA 22(6) 0⋅5 penalty unit Miscellaneous 145 1907 Long vehicle failing to keep minimum distance behind another long vehicle RR 127(1) 2 penalty units 146 2131 Reverse from median strip parking area RR 212(2) 1 penalty unit 147 2132 Reverse when unsafe or further than is reasonable RR 296(1) and (2) 1 penalty unit 148 2133 Drive motor vehicle on a path, nature strip, traffic island or dividing strip RR 137(1), 288(1), 289(1) and 290 1 penalty unit 149 2134 Leave thing dropped from vehicle on road RR 293(2) 1⋅25 penalty units 150 2135 Leave motor vehicle unattended with keys in ignition, motor running, brakes not secured or doors unlocked RR 213(2), (3), (4) and (5) 1 penalty unit Sch. 7 -- 114 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 111 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 151 2136 Fail to drive sufficient distance behind a vehicle RR 126 1⋅5 penalty units 152 2137 Fail to obey traffic direction given by police officer or authorised person RR 304(1) 2 penalty units 153 2138 Drive in a tram lane or tramway RR 155(1) and 155A(1) 1 penalty unit 154 2139 Enter an intersection or crossing when the intersection or crossing is blocked or the road beyond the intersection or crossing is blocked RR 128 1 penalty unit 155 2140 Impede a tram RR 76(1) and (2) 1 penalty unit 156 8352 Drive unlawfully in bicycle lane RR 153(1) 1⋅5 penalty units 157 8378 Drive unlawfully in bus, transit or truck lane RR 154(1), 156(1), and 157(1) 1 penalty unit 158 2144 An owner or a relevant nominated person failing to provide information when required RSA 60 and 60A 6 penalty units 159 2146 Drive with empty bicycle carrier RR 405 1 penalty unit 160 2522 Stop on a keep clear marking RR 96(1) 1 penalty unit Sch. 7 -- 115 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 112 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 161 2523 Ride motor bike more than two abreast RR 151(1) and 151(2) 1 penalty unit 162 2524 Drive over continuous white edge line RR 150 1 penalty unit 163 2525 Drive motor vehicle with person in attached trailer RR 298(1) 2 penalty units 164 2526 Drive motor vehicle with TV or VDU operating RR 299(1) 2 penalty units 165 2527 Fail to comply with roundabout requirements RR 115(1) 1⋅75 penalty units Fatigue management 166 7301 Solo driver not working under accreditation who contravenes maximum work requirement— minor risk offence RSA 191L (2)(a) and (4) 3 penalty units 167 7302 Solo driver not working under accreditation who contravenes maximum work requirement— substantial risk offence RSA 191L (2)(a) and (4) 6 penalty units Sch. 7 -- 116 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 113 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 168 7303 Solo driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period of 11 hours or less—minor risk offence RSA 191L (2)(b) and (4) 2 penalty units 169 7304 Solo driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period greater than 11 hours—minor risk offence RSA 191L (2)(b) and (4) 3 penalty units 170 7305 Solo driver not working under accreditation who contravenes minimum rest requirement— substantial risk offence RSA 191L (2)(b) and (4) 6 penalty units 171 7306 Solo driver of a bus not working under accreditation who contravenes maximum work requirement— minor risk offence RSA 191M (2)(a) and (4) 3 penalty units Sch. 7 -- 117 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 114 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 172 7307 Solo driver of a bus not working under accreditation who contravenes maximum work requirement— substantial risk offence RSA 191M (2)(a) and (4) 6 penalty units 173 7308 Solo driver of a bus not working under accreditation who contravenes minimum rest requirement required to be taken in any period of 11 hours or less—minor risk offence RSA 191M (2)(b) and (4) 2 penalty units 174 7309 Solo driver of a bus not working under accreditation who contravenes minimum rest requirement required to be taken in any period greater than 11 hours—minor risk offence RSA 191M (2)(b) and (4) 3 penalty units Sch. 7 -- 118 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 115 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 175 7310 Solo driver of a bus not working under accreditation who contravenes minimum rest requirement— substantial risk offence RSA 191M (2)(b) and (4) 6 penalty units 176 7311 Two-up driver not working under accreditation who contravenes maximum work requirement— minor risk offence RSA 191N (2)(a) and (4) 3 penalty units 177 7312 Two-up driver not working under accreditation who contravenes maximum work requirement— substantial risk offence RSA 191N (2)(a) and (4) 6 penalty units 178 7313 Two-up driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period of 11 hours or less—minor risk offence RSA 191N (2)(b) and (4) 2 penalty units Sch. 7 -- 119 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 116 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 179 7314 Two-up driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period greater than 11 hours—minor risk offence RSA 191N (2)(b) and (4) 3 penalty units 180 7315 Two-up driver not working under accreditation who contravenes minimum rest requirement— substantial risk offence RSA 191N (2)(b) and (4) 6 penalty units 181 7316 Solo driver working under BFM accreditation who contravenes maximum work requirement— minor risk offence RSA 191O (2)(a) and (4) 3 penalty units 182 7317 Solo driver working under BFM accreditation who contravenes maximum work requirement— substantial risk offence RSA 191O (2)(a) and (4) 6 penalty units Sch. 7 -- 120 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 117 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 183 7318 Solo driver working under BFM accreditation who contravenes minimum rest requirement required to be taken in any period of 12 hours or less—minor risk offence RSA 191O (2)(b) and (4) 2 penalty units 184 7319 Solo driver working under BFM accreditation who contravenes minimum rest requirement required to be taken in any period greater than 12 hours—minor risk offence RSA 191O (2)(b) and (4) 3 penalty units 185 7320 Solo driver working under BFM accreditation who contravenes minimum rest requirement— substantial risk offence RSA 191O 2)(b) and (4) 6 penalty units 186 7321 Two-up driver working under BFM accreditation who contravenes maximum work requirement— minor risk offence RSA 191P (2)(a) and (4) 3 penalty units Sch. 7 -- 121 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 118 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 187 7322 Two-up driver working under BFM accreditation who contravenes maximum work requirement— substantial risk offence RSA 191P (2)(a) and (4) 6 penalty units 188 7323 Two-up driver working under BFM accreditation who contravenes minimum rest requirement— minor risk offence RSA 191P (2)(b) and (4) 3 penalty units 189 7324 Two-up driver working under BFM accreditation who contravenes minimum rest requirement— substantial risk offence RSA 191P (2)(b) and (4) 6 penalty units 190 7325 Driver working under AFM accreditation who contravenes maximum work requirement— minor risk offence RSA 191Q (2)(a) and (4) and 191QA(1) 3 penalty units 191 7326 Driver working under AFM accreditation who contravenes maximum work requirement— substantial risk offence RSA 191Q (2)(a) and (4) and 191QA(2) 6 penalty units Sch. 7 -- 122 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 119 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 192 7327 Driver working under AFM accreditation who contravenes minimum rest requirement— minor risk offence RSA 191Q (2)(b) and (4) and 191QA(1) 3 penalty units 193 7328 Driver working under AFM accreditation who contravenes minimum rest requirement— substantial risk offence RSA 191Q(2)(b) and (4) and 191QA(2) 6 penalty units 194 7329 Driver working under AFM accreditation who contravenes maximum work requirement by exceeding the AFM outer limits—substantial risk offence RSA 191Q (2A)(a) and (4) and 191QA(2) 6 penalty units 195 7330 Driver working under AFM accreditation who contravenes minimum rest requirement under the AFM outer limits—substantial risk offence RSA 191Q (2A)(b) and (4) and 191QA(2) 6 penalty units Sch. 7 -- 123 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 120 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 196 7331 Fail to comply with requirements for changing from one work/rest hours option to a different work/rest hours option RSA 191R(3) 6 penalty units 197 7332 Fail to record information in work diary immediately after starting work on relevant day RSA 191T(2) 6 penalty units 198 7333 Fail to record information in work diary immediately before or after work/rest change on relevant day RSA 191T(3) 6 penalty units 199 7334 Fail to record total work time and total rest time immediately before finishing work on relevant day RSA 191T(4) 6 penalty units 200 7335 Fail to provide two-up driver with requested details RSA 191T(6) 6 penalty units 201 7336 Fail to comply with requirements for how to record information in a written work diary RSA 191U(1) 6 penalty units Sch. 7 -- 124 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 121 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 202 7337 Fail to comply with requirements for how to record information in an electronic work diary RSA 191U(2) 6 penalty units 203 7338 Fail to record in work diary time in time zone of driver base of vehicle RSA 191U(3) 6 penalty units 204 7339 Fail to notify Corporation in writing of filled up, destroyed, lost, stolen or malfunctioning work diary or to apply for replacement work diary RSA 191V(2) 8 penalty units 205 7340 Fail to comply with requirements when lost or stolen written work diary is found or returned after replacement work diary has been issued RSA 191V(3) 8 penalty units 206 7341 Fail to notify record keeper of malfunctioning electronic work diary RSA 191V(4) 8 penalty units 207 7342 Fail to inform relevant persons of malfunctioning odometer RSA 191W(3) 8 penalty units Sch. 7 -- 125 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 122 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 208 7343 Fail to give copy of driver's diary entries to record keeper RSA 191Y(7) 6 penalty units 209 7344 Fail to give copy of information recorded in work diary upon changing record keepers RSA 191Y(9) 6 penalty units 210 7345 Fail to provide list of drivers under BFM accreditation and changes to that list RSA 191ZN(3) 6 penalty units 211 7346 Fail to advise of change or end of BFM accreditation, in the case of a corporation RSA 191ZO(1) 30 penalty units 212 7347 Fail to advise of change or end of BFM accreditation, in any other case RSA 191ZO(1) 6 penalty units 213 7348 Fail to return documents to BFM operator RSA 191ZO(2) 6 penalty units 214 7349 Fail to have BFM documents in possession RSA 191ZOA(1) 6 penalty units 215 7350 Fail to ensure driver has BFM documents in possession RSA 191ZOA(2) 6 penalty units Sch. 7 -- 126 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 123 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 216 7351 Fail to return BFM documents when required RSA 191ZOA(3) 6 penalty units 217 7352 Fail to have AFM documents in possession RSA 191ZW(1) 6 penalty units 218 7353 Fail to return AFM documents when required RSA 191ZW(3) 6 penalty units 219 7354 Fail to provide list of drivers under AFM accreditation and changes to that list RSA 191ZX(3) 6 penalty units 220 7355 Fail to advise of change or end of AFM accreditation, in the case of a corporation RSA 191ZY(1) 30 penalty units 221 7356 Fail to advise of change or end of AFM accreditation, in any other case RSA 191ZY(1) 6 penalty units 222 8362 Label a device that is not an approved electronic work diary RS(D)R 101(3) 3 penalty units 223 8363 Use a device that is falsely labelled as an approved electronic work diary RS(D)R 101(4) 3 penalty units Sch. 7 -- 127 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 124 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 224 8364 Fail to comply with a direction by the Corporation varying the approval of an electronic work diary RS(D)R 104(3) 3 penalty units 225 8365 Fail to comply with a direction by the Corporation to remove a label from a cancelled electronic work diary RS(D)R 105(2) 3 penalty units 226 8366 Fail to comply with a direction by the Corporation cancelling the approval of an electronic work diary RS(D)R 105(3) 3 penalty units 227 8367 A person who is aware that the approval of a diary in the person's possession has been cancelled must remove from the diary any label that relates to the cancelled approval RS(D)R 105(6) 3 penalty units Mass Limits 228 4451 Operator of vehicle in breach of mass limit— minor risk breach, where operator is a body corporate RSA 174(1) 7⋅5 penalty units Sch. 7 -- 128 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 125 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 229 4452 Operator of vehicle in breach of mass limit— minor risk breach, where the operator is not a body corporate RSA 174(1) 1⋅5 penalty units 230 4453 Operator of vehicle in breach of mass limit— substantial risk breach, 5% or more excess but less than 10% excess, where operator is a body corporate RSA 174(1) 10 penalty units 231 4454 Operator of vehicle in breach of mass limit— substantial risk breach, 5% or more excess but less than 10% excess, where operator is not a body corporate RSA 174(1) 2 penalty units 232 4455 Operator of vehicle in breach of mass limit— substantial risk breach, 10% or more excess but less than 15% excess, where operator is a body corporate RSA 174(1) 20 penalty units Sch. 7 -- 129 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 126 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 233 4456 Operator of vehicle in breach of mass limit— substantial risk breach, 10% or more excess but less than 15% excess, where operator is not a body corporate RSA 174(1) 4 penalty units 234 4457 Operator of vehicle in breach of mass limit— substantial risk breach, 15% or more excess but less than 20% excess, where operator is a body corporate RSA 174(1) 20 penalty units 235 4458 Operator of vehicle in breach of mass limit— substantial risk breach, 15% or more excess but less than 20% excess, where operator is not a body corporate RSA 174(1) 10 penalty units 236 4459 Driver of vehicle in breach of mass limit—minor risk breach RSA 175(1) 1⋅5 penalty units Sch. 7 -- 130 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 127 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 237 4460 Driver of vehicle in breach of mass limit—substantial risk breach, 5% or more excess but less than 10% excess RSA 175(1) 2 penalty units 238 4461 Driver of vehicle in breach of mass limit—substantial risk breach, 10% or more excess but less than 15% excess RSA 175(1) 4 penalty units 239 4462 Driver of vehicle in breach of mass limit—substantial risk breach, 15% or more excess but less than 20% excess RSA 175(1) 10 penalty units Limits and requirements other than mass limits 240 4463 Operator of vehicle in breach of width, length or height limit or load restraint requirement— minor risk breach, where operator is a body corporate RSA 174(1) 7⋅5 penalty units Sch. 7 -- 131 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 128 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 241 4464 Operator of vehicle in breach of width, length or height limit or load restraint requirement— minor risk breach, where operator is not a body corporate RSA 174(1) 1⋅5 penalty units 242 4465 Operator of vehicle in breach of width, length or height limit or load restraint requirement— substantial risk breach, where operator is a body corporate RSA 174(1) 20 penalty units 243 4466 Operator of vehicle in breach of width, length or height limit or load restraint requirement— substantial risk breach, where operator is not a body corporate RSA 174(1) 4 penalty units 244 4467 Driver of vehicle in breach of width, length or height limit or load restraint requirement— minor risk breach RSA 175(1) 1⋅5 penalty units Sch. 7 -- 132 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 129 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 245 4468 Driver of vehicle in breach of width, length or height limit or load restraint requirement— substantial risk breach RSA 175(1) 4 penalty units 246 4469 Consignor fail to provide complying container weight declaration to operator, where consignor is a body corporate RSA 184(2) 20 penalty units 247 4470 Consignor fail to provide complying container weight declaration to driver or other carrier, where consignor is not a body corporate RSA 184(2) 4 penalty units 248 4471 Operator fail to ensure container weight declaration provided to driver or other carrier, where operator is a body corporate RSA 185(2) and 185(3) 20 penalty units 249 4472 Operator fail to ensure container weight declaration provided, where operator is not a body corporate RSA 185(2) and 185(3) 4 penalty units 250 4473 Driver fail to obtain or keep container weight declaration RSA 186(1) and 186(2) 4 penalty units Sch. 7 -- 133 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 130 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 Directions and orders 251 4475 Failure by a body corporate to comply with a direction of inspector RSA 168(1) 20 penalty units 252 4476 Failure by a person other than a body corporate to comply with a direction of inspector RSA 168(1) 10 penalty units 253 4477 Failure by a body corporate to comply with condition imposed under direction or authorisation RSA 168(2) 20 penalty units 254 4478 Failure by a person other than a body corporate to comply with condition imposed under direction or authorisation RSA 168(2) 10 penalty units Bicycles 255 2221 Fail to obey traffic direction given by police officer or authorised person RR 304(1) 2 penalty units Sch. 7 -- 134 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 131 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 256 8332 Bicyclist fail to leave intersection as soon as possible if bicycle crossing lights change to red while in intersection; Bicyclist fail to leave intersection as soon as possible if unable to stop and entering intersection on yellow light; Bicyclist fail to clear intersection as soon as possible if lights change to red while in the intersection RR 57(3) and 61(5) 1 penalty unit 257 2222 Fail to obey traffic lights RR 56(1), 56(2), 57(1), 57(2), 59(1), 60, 61(2), 65(2), 66(1), 66(4), 152(1), 260(1), 260(2), 261(1) and 262(1) 2⋅5 penalty units 258 2223 Fail to obey traffic sign (other than a traffic sign referred to in Code 2239 or 2240) RR 34(1), 36, 39(1), 39(2), 41, 88(1), 88(2), 89(1), 89(2), 90, 91(1), 91(2), 93(1), 94, 98(1), 100, and 252(1) 1 penalty unit Sch. 7 -- 135 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 132 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 259 2224 Fail to keep left RR 129(1), 132(1) and (2A) 1 penalty unit 260 8383 Ride over or conduct a U-turn over a continuous single line, continuous single to left of broken line or double lines RR 132(2) 1 penalty unit 261 2226 Fail to give way RR 38, 64, 72(1), 73(1), 74(1), 75(1), 77(1), 78(1), 78(2), 79(1), 81(2), 83, 84(1), 87(1), 114(1), 114(2), 164(1), 164A(1), 247B(1) and 247B(2) 1 penalty unit 262 8331 Fail to give signal RR 46(1), 53(1), (2), (3) and 48(1) 1 penalty unit 263 2228 Fail to have lights or equipment RR 258 and 259 1⋅25 penalty units 264 2229 Riding improperly RR 27(1), 28(1), 28(1A), 28(2A), 29(1), 31(1), 32(1), 33(1), 32(2A), 245, 246(1), 246(2), 246(3), 247A(1) and 255 1 penalty unit Sch. 7 -- 136 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 133 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 265 8357 Bicyclist carry person in bicycle trailer while bicyclist is under 16, or passenger over 10, or without helmet RR 257(1) 1⋅25 penalty units 266 2230 Misuse bicycle path, separated footpath or shared path or footpath or fail to use bicycle lane RR 247(1), 249, 250(1), 250(2) and 251 1 penalty unit 267 2231 Bicycle drawn by other vehicle RR 254(1) and 254(2) 1⋅25 penalty units 268 2232 Ride more than 2 abreast RR 151(1) and 151(2) 1 penalty unit 269 2233 Rider or passenger failing to wear securely fitted approved bicycle helmet RR 256(1) and 256(2) 1⋅25 penalty units 270 2234 Use a bicycle to carry a person who is not wearing a securely fitted approved bicycle helmet RR 256(3) 1⋅25 penalty unit 271 2235 Ride bicycle on dividing strip, footpath, nature strip, painted island or traffic island when not permitted RR 137(1), 138(1), 289(1) and 290 1 penalty unit Sch. 7 -- 137 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 134 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 272 2236 Ride bicycle across a children's, pedestrian or marked foot crossing RR 248(1) and 248(2) 1 penalty unit 273 2237 Overtake to left of left turning vehicle RR 141(2) 1 penalty unit 274 2238 Fail to comply with roundabout requirements RR 115(1) 1 penalty unit 275 2239 Fail to obey stop, stop here on red signal or stop here on red arrow sign RR 67(1), 68(1), 101(1) and 101(2) 2 penalty units 276 2240 Fail to obey give way sign; fail to obey arrester bed or safety ramp sign RR 69(1), 70, 71(1) and 101A(1) 2 penalty units 277 8329 Perform unsafe U-turn RR 37 2 penalty units 278 8336 Fail to stop and remain stationary at children's crossing RR 80(2), 80(3) and 80(4) 2⋅5 penalty units 279 8337 Pass stopped vehicle at children's crossing or pedestrian crossing RR 82 2⋅5 penalty units 280 8339 Fail to obey traffic lane arrow RR 92(1) 1⋅25 penalty units 281 8340 Fail to obey emergency stopping lane only sign RR 95(1) 2 penalty units Sch. 7 -- 138 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 135 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 282 8341 Fail to stop or give way at level crossing RR 121, 122 and 123 5 penalty units 283 8342 Fail to drive sufficient distance behind a vehicle RR 126 1⋅5 penalty units 284 8343 Fail to keep left of oncoming vehicle RR 131(1) 1⋅75 penalty units 285 8344 Drive on wrong side of divided road RR 135(1) 2 penalty units 286 8345 Drive in wrong direction on a one-way service road RR 136 1⋅75 penalty units 287 8346 Pass to right of right turning vehicle or a vehicle making a U-turn from the centre of the road RR 142(1) and 143(2) 2 penalty units 288 8348 Overtake vehicle with DO NOT OVERTAKE TURNING VEHICLE sign on left RR 143(1) and (1A) 2 penalty units 289 8350 Fail to leave enough room when overtaking, or cut in too soon RR 144 2 penalty units 290 8351 Improperly overtake or pass or change lanes or line of traffic without giving way RR 148(1), 148(2) and 148A 1⋅5 penalty units Sch. 7 -- 139 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 136 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 291 8353 Pass to right or left of tram RR 160(2) and 160(3) 2 penalty units 292 8355 Fail to keep left of safety zone or stop behind tram RR 162(1) and 163(1) 2.5 penalty units Pedestrians 293 2242 Fail to obey traffic lights RR 231(1) and 232(1) 0⋅5 penalty unit 294 2243 Walk improperly on road RR 230(1), 233(1), 233(2), 234(2), 238(1), 238(2) and 239(1) 0⋅5 penalty unit 295 2244 Alight from or board moving vehicle RR 237(1) and 269(1) 0⋅5 penalty unit 296 2245 Crossing road within 20 metres of pedestrian crossing RR 234(1) 0⋅5 penalty unit 297 2246 Cross level crossing when not permitted RR 235 (1), 235(2), 235(2A) and 235A(2) 0⋅5 penalty unit 298 2247 Fail to give way when crossing a bicycle path or separated footpath RR 239(3) 0⋅5 penalty unit 299 2248 Person on road to solicit contributions or employment, hitchhike, sell, clean etc. RR 236(4) and 401 0⋅5 penalty unit Sch. 7 -- 140 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 137 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 300 2249 Fail to obey no pedestrians sign or road access sign RR 228 and 229 1⋅75 penalty unit Passenger Vehicles 301 2482 Failing to activate hazard warning device and "school bus" signs RR 222(2) 1 penalty unit Signs 302 2501 Fail to obey turn prohibition or requirement sign or marking RR 34(1), 39(1), 39(2), 40, 41, 88(1), 88(2), 89(1), 89(2), 90, 91(1), 91(2), 159(1) and 212(1) 1⋅25 penalty units 303 2502 Fail to obey one-way or no entry sign RR 98(1) and 100 2 penalty units 304 2503 Fail to obey no overtaking or passing or no overtaking on bridge sign RR 93(1) and 94 2 penalty units 305 2504 Fail to obey keep left or keep right sign RR 99(1) and 99(2) 1 penalty unit 306 2505 Fail to obey stop sign RR 67(1), 68(1), 101(1) and 101(2) 2 penalty units 307 2506 Fail to obey give way sign RR 69(1), 70 and 71(1) 2 penalty units 308 2507 Fail to obey emergency stopping lane only sign RR 95(1) 2 penalty units Sch. 7 -- 141 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 138 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 309 2511 Fail to obey no trucks sign RR 104(1), 104(2) and 104(3) 1 penalty unit 310 2512 Fail to obey trucks must enter or buses must enter sign RR 105 and 107 2 penalty units 311 2517 Disobey information on road access sign RR 97(1) 1 penalty unit 312 2518 Fail to obey no buses sign RR 106(1), 106(2) and 106(3) 1 penalty unit 313 8338 Fail to obey traffic lane arrow RR 92(1) 1⋅25 penalty units 314 8335 Fail to obey safety ramp or arrester bed sign RR 101A(1) 2 penalty units Riders of animals 315 2529 Rider or person being carried who is under 18 years fail to wear approved helmet RR 303A 1⋅25 penalty units 316 2530 Fail to give way to pedestrians on footpath or nature strip RR 302 1 penalty unit 317 2531 Fail to give way to a vehicle leaving a roundabout RR 119 1 penalty unit Sch. 7 -- 142 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 139 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 318 2532 Ride animal more than 2 abreast RR 303(1) and 303(2) 1 penalty unit Wheeled Recreation Devices 319 2551 Travel in or on a wheeled recreation device on a prohibited road or disobeying a sign RR 240A, 240(1) and 240(2) 0⋅5 penalty unit 320 2552 Travel improperly on a road in or on a wheeled recreation device RR 241(1) and 242(1) 0⋅5 penalty unit 321 2553 Travel on rollerblades/roller- skates on pedestrian side of separated footpath RR 243(1) 0⋅5 penalty unit 322 2554 Person on rollerblades/roller- skates failing to keep out of the path of bicycle on bicycle path or separated footpath RR 243(2) 0⋅5 penalty unit 323 2555 Travel in or on wheeled recreational device while it is being towed by a vehicle, while holding onto moving vehicle, or within 2 metres of the rear of a moving vehicle continuously for more than 200 metres RR 244(1), 244(2) and 244(3) 0⋅5 penalty unit Sch. 7 -- 143 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 140 Item No. Column 1 Code Column 2 Summary of infringement offence Column 3 Prescribed infringement offence Column 4 Infringement penalty Column 5 324 8356 Travelling improperly on a scooter RR 244B(1), 244B(4) and 244B(5) 1⋅25 penalty units __________________ Sch. 7 -- 144 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 141 SCHEDULE 8 Regulation 84 PUBLIC AUTHORITIES, PRESCRIBED PERSONS AND PRESCRIBED FUNDS FOR APPROPRIATION OF FINES Column 1 Column 2 Roads Corporation The general fund of the Roads Corporation A Board established under Part 4 of the Alpine Resorts (Management) Act 1997 The general account of that Board Parks Victoria established under the Parks Victoria Act 1998. The general fund of Parks Victoria A Council within the meaning of the Local Government Act 1989 The municipal fund of that council Melbourne Water Corporation constituted under the Water Act 1989 The general fund of the Melbourne Water Corporation The council of a university established by or under any Act The fund of that university A council incorporated under the Education and Training Reform Act 2006 or the council or governing body of a TAFE institute within the meaning of that Act The fund of that council or governing body A committee of management under the Crown Land (Reserves) Act 1978 The fund of that committee of management Melbourne Market Authority established under the Melbourne Market Authority Act 1977 The general fund of the Melbourne Market Authority The board of a public hospital or denominational hospital within the meaning of the Health Services Act 1988 The fund of that board or other governing body Sch. 8 -- 145 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 142 Column 1 Column 2 The Port of Melbourne Corporation established under the Port Services Act 1995 The general fund of the Port of Melbourne Corporation ═══════════════ Sch. 8 -- 146 of 147 -- Road Safety (General) Regulations 2009 S.R. No. 115/2009 143 ENDNOTES 1 Schedule 6, item 103: The Melbourne Parks and Gardens (Joint Trustee Reserves) Regulations 1994 were made under section 13 of the Crown Land (Reserves) Act 1978 and published in the Government Gazette on 12 January 1995 (pages 94–102) with subsequent amendments published in the Government Gazettes of 5 March 1996 (S17 pages 2, 3), 16 April 1996 (S37 pages 1, 2), 15 January 1997 (S5 page 1), 26 November 1998 (S138 page 1), 20 December 2001 (page 3264), 2 April 2002 (S56 page 1), 30 March 2006 (S98 page 1) and 24 January 2008 (G4 page 177). Section 13(5) of the Crown Land (Reserves) Act 1978 provides that a contravention of a regulation made under section 13 of that Act is liable to a penalty of not more than 2 penalty units. —— 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 2009 is $116.82. 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 -- 147 of 147 --