EastLink Project Regulations 2008

EastLink Project Regulations 2008 S.R. No. 81/2008 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provision 2 3 Definitions 2 PART 2—EXEMPTIONS 6 4 Vehicles exempt from payment of tolls 6 5 Vehicles exempt from registration 7 PART 3—NOTICES FOR TOLL ZONES 8 6 Placement of notices 8 7 Information to be provided by notices 8 PART 4—CANCELLATION OF ACCEPTANCE OF STATEMENTS 9 8 Prescribed period for rejecting statements 9 PART 5—PRESCRIBED TOLLING SYSTEM, TOLLING DEVICES AND PROCESSES 0 1 1 1 1 1 1 1 1 1 1 1 9 Prescribed tolling system 0 10 Prescribed tolling devices 0 11 Use of digital toll camera unit 0 12 Testing of digital toll camera unit 1 13 Process for production of printed image 2 PART 6—NOTICES AND CERTIFICATES 4 14 Additional details to be included in infringement notices 4 15 Certificates as to registered owner of vehicle 4 16 Certificates issued by enforcement agency 5 17 Certificates issued by Freeway Corporation 6 ═══════════════ i -- 1 of 17 -- STATUTORY RULES 2008 S.R. No. 81/2008 EastLink Project Act 2004 EastLink Project Regulations 2008 The Administrator of the State of Victoria as the Governor's deputy with the advice of the Executive Council, makes the following Regulations: Dated: 24 June 2008 Responsible Minister: TIM PALLAS Minister for Roads and Ports RYAN HEATH Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are— (a) to prescribe additional details to be included in infringement notices; and (b) to prescribe tolling devices; and (c) to prescribe the process for the production of images or messages; and (d) to prescribe the manner in which the tolling devices are to be installed, set up, tested, operated, used, maintained or repaired; and (e) to prescribe the manner in which information from the tolling devices is to be handled for the purpose of tolling; and 1 -- 2 of 17 -- Part 1—Preliminary EastLink Project Regulations 2008 S.R. No. 81/2008 r. 2 (f) to prescribe methods of recording the payment of tolls and toll administration fees; and (g) to exempt from the payment of tolls vehicles or classes of vehicle that under the Agreement may be exempted from the payment of tolls; and (h) to prescribe other matters required to be prescribed for the purposes of the EastLink Project Act 2004. 2 Authorising provision These Regulations are made under section 258 of the EastLink Project Act 2004. 3 Definitions In these Regulations— checksum means a number produced by the application of an algorithm to the contents of a digital file or electronic copy of a digital file (other than a checksum contained in the file); computer has the same meaning as in Division 3 of Part III of the Evidence Act 1958; control unit means a computer that temporarily stores images taken by a digital toll camera unit; digital file means a file in a digital format, or electronic copy of such a file, that is created by a digital toll camera unit and that contains— (a) a digital image; and (b) data indicating the toll zone in which the vehicle to which the image relates was driven; and 2 -- 3 of 17 -- Part 1—Preliminary EastLink Project Regulations 2008 S.R. No. 81/2008 r. 3 (c) data from which the date on and time at which that vehicle was driven in the toll zone can be calculated; and (d) the checksum for that file; digital image means an image, or electronic copy of an image, of a vehicle or part of a vehicle that has been taken and processed into a digital format by a digital toll camera unit; digital toll camera means a digital toll camera unit that creates a digital file; digital toll camera unit means— (a) the device known as the Vehicle Registration Sensor: Kapsch Part Number 8633 001-415; and (b) the device known as the Vehicle Registration Sensor Controller: Kapsch Part Number 8633 001-093; printed image means a printed image produced in accordance with the process in regulation 13; responsible road authority has the same meaning as it has in section 3 of the Road Management Act 2004; tag means a vehicle transponder known as a Kapsch TS 3203/80 or a Kapsch TS 3203/80A; testing officer means— (a) the head, or a person authorised by the head, of a faculty or department providing education or training in electrical engineering, communications engineering or electronics engineering at a university or TAFE institute as defined in section 1.1.3 of the 3 -- 4 of 17 -- Part 1—Preliminary EastLink Project Regulations 2008 S.R. No. 81/2008 r. 3 Education and Training Reform Act 2006; or (b) a person, or a member of a class of persons, approved by the Secretary to the Department of Infrastructure as being appropriately qualified to conduct tests for the purposes of these Regulations; or (c) the principal testing officer, or a person authorised by the principal testing officer, of a testing body accredited in the field of electrical testing by the National Association of Testing Authorities, Australia ACN 004 379 748 (NATA); or (d) a person who— (i) is a member of the Institution of Engineers Australia; and (ii) holds a Bachelor degree or higher degree in the field of electrical engineering, communications engineering or electronics engineering from a university as defined in section 1.1.3 of the Education and Training Reform Act 2006; and (iii) is approved by the Chairperson of the Victorian Division of that Institution as being appropriately qualified to conduct tests for the purposes of these Regulations; the Act means the EastLink Project Act 2004; 4 -- 5 of 17 -- Part 1—Preliminary EastLink Project Regulations 2008 S.R. No. 81/2008 r. 3 toll message file means a digital file created by a control unit which contains data indicating— (a) the toll zone that the vehicle to which the image relates was driven; and (b) the date on and the time at which that vehicle was driven in the toll zone; and (c) a checksum for each digital image. __________________ 5 -- 6 of 17 -- Part 2—Exemptions EastLink Project Regulations 2008 S.R. No. 81/2008 r. 4 PART 2—EXEMPTIONS 4 Vehicles exempt from payment of tolls For the purposes of section 198(2) of the Act, the following vehicles and classes of vehicle are exempt from the payment of tolls— (a) an ambulance under the control of— (i) an ambulance service created by section 23 of the Ambulance Services Act 1986 or listed in Schedule 1 to that Act; or (ii) an ambulance service created under a law in force in another State or in a Territory of the Commonwealth that the Minister, by notice in the Government Gazette, declares to be an ambulance service to which this paragraph applies; or (iii) the Australian Defence Force; (b) a fire service unit under the control of— (i) the Metropolitan Fire and Emergency Services Board; or (ii) the Department of Natural Resources and Environment; or (iii) the Country Fire Authority; or (iv) the Australian Defence Force; (c) a vehicle under the control, or being driven by a member acting in the course of duty, of one of the following police forces or police services— (i) the police force of Victoria; or (ii) the Australian Federal Police; or 6 -- 7 of 17 -- Part 2—Exemptions EastLink Project Regulations 2008 S.R. No. 81/2008 r. 5 (iii) the Military, Naval or Air Force Police of the Australian Defence Force; or (iv) the police service of another State or Territory; (d) a vehicle under the control of the State Emergency Service; (e) a vehicle under the control of the Australian Defence Force that is being used to convey any of its members or property while on march or duty; (f) without limiting paragraphs (a) to (e), a vehicle that is an emergency vehicle within the meaning of the Road Safety (Road Rules) Regulations 1999 and is being operated or used in the performance of emergency services. 5 Vehicles exempt from registration For the purposes of section 204(9) of the Act, the Freeway Corporation may— (a) exempt a vehicle or class of vehicle from the requirement to be registered under Part 9 of the Act; and (b) make such exemptions— (i) the same for all cases, or different for different cases or classes of case, or different for the same case or class of case for different purposes; or (ii) either unconditionally or subject to any specified conditions and either wholly or to such an extent as is specified; or (iii) so as to apply at all times or at particular times or periods of time. __________________ 7 -- 8 of 17 -- Part 3—Notices for Toll Zones EastLink Project Regulations 2008 S.R. No. 81/2008 r. 6 PART 3—NOTICES FOR TOLL ZONES 6 Placement of notices (1) The Freeway Corporation, with the consent of the responsible road authority, must cause notices providing the information prescribed by regulation 7 to be placed on every road that connects to EastLink, before each entrance to EastLink and at a place that is adjacent to the carriageway so as to face a driver who is approaching EastLink. (2) A notice placed on a road that connects to EastLink under subregulation (1) must be placed at a reasonable distance before each entrance to EastLink so that a driver can safely avoid entering EastLink. (3) Nothing in this regulation prevents the Freeway Corporation, with the consent of the responsible road authority, from causing notices other than notices referred to in this regulation to be placed on any road in the vicinity of EastLink. 7 Information to be provided by notices (1) Notices referred to in regulation 6 must indicate that the driver is approaching EastLink and that tolls will apply if a vehicle is driven on EastLink. (2) Notices referred to in regulation 6 may include— (a) information as to how a user of EastLink may register a vehicle that is driven in a toll zone; and (b) any information that the Freeway Corporation, with the consent of the Authority, considers necessary to assist users of EastLink. __________________ 8 -- 9 of 17 -- Part 4—Cancellation of Acceptance of Statements EastLink Project Regulations 2008 S.R. No. 81/2008 r. 8 PART 4—CANCELLATION OF ACCEPTANCE OF STATEMENTS 8 Prescribed period for rejecting statements For the purposes of section 199A(1) of the Act, the prescribed period for a person nominated in a statement as being the responsible person to give a nomination rejection statement to an authorised person is 14 days from the date on which an invoice is issued to the person nominated in the statement. __________________ 9 -- 10 of 17 -- Part 5—Prescribed Tolling System, Tolling Devices and Processes EastLink Project Regulations 2008 S.R. No. 81/2008 r. 9 PART 5—PRESCRIBED TOLLING SYSTEM, TOLLING DEVICES AND PROCESSES 9 Prescribed tolling system For the purposes of Part 9 of the Act, the prescribed tolling system is the tolling system installed, used and maintained in accordance with the Agreement. 10 Prescribed tolling devices (1) For the purposes of Part 9 of the Act, a digital toll camera unit is a prescribed tolling device. (2) For the purposes of section 206 of the Act, a tag is a prescribed tolling device. 11 Use of digital toll camera unit For the purposes of Part 9 of the Act, a digital toll camera unit is used in the prescribed manner if— (a) it is positioned so that the unit takes images of the licence plate numbers of vehicles driven in the toll zone and transmits the images taken to a control unit; and (b) it has been tested in the manner set out in regulation 12; and (c) it is tested at the following times— (i) in the case of a digital toll camera that has been repaired or modified, after the repairs or modifications are made and before the occasion of the digital toll camera's first use after the repairs or modifications; and (ii) in the case of all digital toll cameras, within a period of 24 months before the occasion of its use. 10 -- 11 of 17 -- Part 5—Prescribed Tolling System, Tolling Devices and Processes EastLink Project Regulations 2008 S.R. No. 81/2008 r. 12 12 Testing of digital toll camera unit (1) A digital toll camera unit is tested in the prescribed manner if the testing officer who tests the unit— (a) is satisfied that— (i) if positioned in the manner prescribed in regulation 11, the digital toll camera unit takes images of the licence plate numbers of vehicles driven in the toll zone and transmits the images taken to a control unit; and (ii) any maintenance or repairs carried out on the digital toll camera unit have been carried out in a satisfactory manner; and (b) makes a full and accurate record of each digital toll camera unit tested, including— (i) the serial number of the unit tested; and (ii) the date on and time at which the test was carried out; and (iii) a statement that the unit satisfied each of the testing requirements in paragraph (a); and (c) signs the record referred to in paragraph (b) and sets out in the record his or her name and qualifications. (2) The testing officer must, within 21 days after testing a digital toll camera unit— (a) give the record referred to in subregulation (1)(b) to the Freeway Corporation; and (b) give a copy of that record to the enforcement agency. 11 -- 12 of 17 -- Part 5—Prescribed Tolling System, Tolling Devices and Processes EastLink Project Regulations 2008 S.R. No. 81/2008 r. 13 (3) The Freeway Corporation must retain a record given to it under subregulation (2)(a) for at least one year after the date on which the test was carried out. 13 Process for production of printed image (1) An image or message is produced by a prescribed process for the purposes of Part 9 of the Act if— (a) a printed image is produced from a digital file created by a digital toll camera unit by the processes set out in subregulation (2); and (b) the data contained in the digital file has been verified by a computer— (i) recalculating the checksum for that file; and (ii) confirming that the checksum produced by the recalculation is identical to the checksum contained in that file, or the toll message file; and (c) the printed image contains an image derived from the digital image (with or without decompressing the digital image) and a message indicating— (i) the toll zone in which the vehicle to which the image relates was driven; and (ii) the date on and the time at which that vehicle was driven in the toll zone. (2) A digital file is created by a digital toll camera unit if the digital toll camera unit processes the image taken by itself and used in the prescribed manner by— (a) converting the image taken into a digital format (with or without compressing the image so taken); and 12 -- 13 of 17 -- Part 5—Prescribed Tolling System, Tolling Devices and Processes EastLink Project Regulations 2008 S.R. No. 81/2008 r. 13 (b) generating data— (i) indicating the toll zone in which the vehicle to which the image relates was driven; and (ii) from which the date on and the time at which that vehicle was driven in the toll zone can be calculated; and (c) calculating a checksum for the digital file; and (d) combining into one digital file the digital image with the data referred to in paragraph (b) and the checksum referred to in paragraph (c). __________________ 13 -- 14 of 17 -- Part 6—Notices and Certificates EastLink Project Regulations 2008 S.R. No. 81/2008 r. 14 PART 6—NOTICES AND CERTIFICATES 14 Additional details to be included in infringement notices An infringement notice in relation to an alleged offence against section 204(1) of the Act must contain the following additional details⎯ (a) the licence plate number or other identification of the vehicle which is alleged to have been driven in a toll zone; and (b) a statement to the effect that a copy of the image relating to the detection of the alleged vehicle on EastLink and information as to the date on and time and location at which it was detected may be inspected or purchased and the manner in which the inspection or purchase may be arranged. 15 Certificates as to registered owner of vehicle (1) A certificate under section 221(1) of the Act is in the prescribed form if the certificate— (a) states that it is a certificate issued by VicRoads or the Department of Infrastructure or an authorised person (as the case may be) under section 221(1) of the Act; and (b) certifies that, according to the records of VicRoads or the Department of Infrastructure (as the case may be), on a specified date the vehicle specified in the certificate was registered under the Road Safety Act 1986 in the name of the person specified in the certificate. 14 -- 15 of 17 -- Part 6—Notices and Certificates EastLink Project Regulations 2008 S.R. No. 81/2008 r. 16 (2) A certificate under section 221(3) contains the prescribed particulars if it— (a) states that it is a certificate issued by VicRoads or the Department of Infrastructure or an authorised person (as the case may be) under section 221(3) of the Act; and (b) certifies that, according to the records of VicRoads or the Department of Infrastructure (as the case may be), on a date specified in the certificate— (i) the registration number specified in the certificate was assigned to a vehicle specified in the certificate; or (ii) a person specified in the certificate was entitled, or last entitled, to use or possess a number plate bearing a registration number specified in the certificate. 16 Certificates issued by enforcement agency A certificate under section 221A of the Act is in the prescribed form if the certificate— (a) states that it is a certificate issued by the enforcement agency under section 221A of the Act; and (b) certifies— (i) that the matters set out in the certificate appear in, or have been calculated from, the records kept by the enforcement agency; and (ii) that, to the best knowledge and belief of the person issuing the certificate on behalf of the enforcement agency, the matters set out in the certificate are true and correct. 15 -- 16 of 17 -- Part 6—Notices and Certificates EastLink Project Regulations 2008 S.R. No. 81/2008 r. 17 17 Certificates issued by Freeway Corporation A certificate under section 222 of the Act is in the prescribed form if, in addition to any of the matters referred to in that section, the certificate— (a) states that it is a certificate issued by the Freeway Corporation or a person authorised by the Freeway Corporation (as the case may be) under section 222 of the Act; and (b) in the case of a certificate certifying that a printed image was produced by a prescribed process, is issued by the person who caused the printed image to be printed; and (c) certifies that, to the best knowledge and belief of the person issuing the certificate or issuing the certificate on behalf of the Freeway Corporation, the matters set out in the certificate are true and correct. ═══════════════ 16 -- 17 of 17 --