Transport (Infringements) (Further Amendment) Regulations 2006
i
Transport (Infringements) (Further Amendment)
Regulations 2006
S.R. No. 138/2006
TABLE OF PROVISIONS
Regulation Page
1. Objective 1
2. Authorising provisions 2
3. Commencement 2
4. Principal regulations 2
5. Graduated penalties for repeat ticket and transport
infringements 2
6. New regulation 202B inserted 3
202B. Original prescribed penalty prevails 3
7. Safety work infringement 4
8. Form of infringement notices 4
9. Amendment of Schedule 3 4
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ENDNOTES 13
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1
STATUTORY RULES 2006
S.R. No. 138/2006
Transport Act 1983
Transport (Infringements) (Further Amendment)
Regulations 2006
The Governor in Council makes the following Regulations:
Dated: 10 October 2006
Responsible Minister:
PETER BATCHELOR
Minister for Transport
RUTH LEACH
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend the
Transport (Infringements) Regulations 1999 to—
(a) make further provision for the operation of
the graduated penalties scheme in respect of
ticket and transport infringements and
provide for penalties imposed to be revised;
and
(b) provide for new transport infringements; and
(c) provide for new and revised taxi-cab
infringements; and
(d) make consequential amendments to
Schedule 3 as a result of amendments made
by the Rail Safety Act 2006 to the
Transport Act 1983.
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2. Authorising provisions
These Regulations are made under sections 215
and 215G of the Transport Act 1983.
3. Commencement
(1) These Regulations (except regulations 9(1)(a),
9(1)(c), 9(2)(a), 9(2)(d) and 9(3)) come into
operation on 1 December 2006.
(2) Regulations 9(1)(a), 9(1)(c), 9(2)(a), 9(2)(d) and
9(3) come into operation on 1 January 2007.
4. Principal Regulations
In these Regulations, the Transport
(Infringements) Regulations 19991 are called the
Principal Regulations.
5. Graduated penalties for repeat ticket and transport
infringements
(1) In regulation 202A(1) of the Principal
Regulations, for "3224" (wherever occurring)
substitute "3235".
(2) After regulation 202A(4) of the Principal
Regulations insert—
"(4A) If the infringement notice for a transport or
ticket infringement committed by a person in
the relevant period is cancelled or withdrawn
after the penalty for a current infringement
committed by the person has been calculated
in accordance with sub-regulation (2)
or (3)—
(a) the penalty for the current infringement
is taken to be the penalty applicable as
if that transport or ticket infringement
in the relevant period had not been
committed; and
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(b) any payment made that exceeds the
penalty payable under paragraph (a)
must be refunded.".
(3) After regulation 202(5) of the Principal
Regulations insert—
"(6) This regulation does not apply to or in
relation to a transport or ticket infringement
if the infringement notice is issued by a
member of the police force.".
6. New regulation 202B inserted
After regulation 202A of the Principal
Regulations insert—
"202B. Original prescribed penalty prevails
(1) If a person is served with an infringement
notice that sets out a penalty calculated in
accordance with regulation 201(2) or 202(2)
and the infringement committed by the
person was such that the penalty set out in
the infringement notice should have been
calculated in accordance with regulation
202A, despite that fact, the penalty set out in
the infringement notice is to be taken to
continue to apply to the infringement.
(2) If a person is served with an infringement
notice that sets out a penalty calculated in
accordance with regulation 202A(2) and the
infringement committed by the person was
such that the penalty set out in the
infringement notice should have been
calculated in accordance with regulation
202A(3), despite that fact, the penalty set out
in the infringement notice is to be taken to
continue to apply to the infringement.".
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7. Safety work infringement
(1) In regulation 203(1) of the Principal Regulations
for "section 94(1)(a) of the Act" substitute
"section 76(1)(a) of the Rail Safety Act 2006".
(2) In Column 3 of the Table in regulation 203 of the
Principal Regulations, for "T.A. s. 94(1)(a)"
substitute "Rail Safety Act 2006 s. 76(1)(a)".
8. Form of infringement notices
In regulation 205(1)(c) of the Principal
Regulations for "section 94(1)(a)" substitute
"section 76(1)(a) of the Rail Safety Act 2006".
9. Amendment of Schedule 3
(1) In Schedule 3 to the Principal Regulations, in the
Table under the sub-heading "General Conduct
Affecting Safety"—
(a) before the item relating to Code 3186
insert—
"s. 221ZD(1) Mounting or
attempting to mount
part of vehicle not
meant for travel,
without reasonable
excuse
2·45 3168
s. 221ZD(2) Walking or climbing
on any part of rail
premises not intended
for passenger use,
without reasonable
excuse
2·45 3169
s. 221ZE(1) Travelling or
attempting to travel
on part of vehicle not
meant for travel,
without reasonable
excuse
2·45 3170
";
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(b) after the item relating to Code 3173 insert—
"reg. 36(4) Causing an obstruction
when parking a
vehicle on rail
premises
1·47 3225
";
(c) the item set out below is revoked—
"reg. 37
or
reg. 38(1)
Travelling on part of
vehicle not meant for
travel
2·45 3170
".
(2) In Schedule 3 to the Principal Regulations, in the
Table under the sub-heading "Railway and
Tramway Tracks"—
(a) before the item relating to Code 3181
insert—
"Transport
Act 1983
s. 221X(1)(a)
or
s. 221X(1)(b)
Without the
permission of the
Director, driving or
conveying an
overdimensional
vehicle across railway
tracks
7·34 3184
s. 221X(1)(c) Without the
permission of the
Director, driving or
conveying an
overdimensional
vehicle across railway
tracks that may
obstruct, displace or
interfere with track or
overhead power line
7·34 3185
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s. 221X(2)(a)
or
s. 221X(2)(b)
Without the
permission of the
Director, driving or
conveying an
overdimensional
vehicle across
tramway tracks
7·34 3206
s. 221X(2)(c) Without the
permission of the
Director, driving or
conveying an
overdimensional
vehicle across
tramway tracks that
may obstruct, displace
or interfere with track
or overhead power
line
7·34 3207
Transport
(Conduct)
Regulations
2005
";
(b) after the item relating to Code 3183 insert—
"reg. 40(1) Pedestrian crossing
designated tramway
tracks not at a place
provided
2·45 3226
reg. 40(2)(a) Pedestrian crossing
designated tramway
tracks when warning
signals are operating
2·45 3227
reg. 40(2)(b) Pedestrian crossing
designated tramway
tracks when gates
closed
2·45 3228
reg. 40(2)(c) Pedestrian crossing
designated tramway
tracks when road
vehicle approaching
2·45 3229
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reg. 40(2)(f) Pedestrian crossing
designated tramway
tracks against
authorised person's
directions
2·45 3230
";
(c) after the item relating to Code 3191 insert—
"reg. 42(1) Driving or riding
across railway or
designated tramway
tracks other than at a
level crossing
2·45 3231
reg. 42(2)(a) Driving or riding
across railway or
designated tramway
tracks when warning
signals are operating
2·45 3232
reg. 42(2)(b) Driving or riding
across railway or
designated tramway
tracks when gates
closed
2·45 3233
reg. 42(2)(c) Driving or riding
across railway or
designated tramway
tracks when rail
vehicle or road
vehicle approaching
2·45 3234
reg. 42(2)(f) Driving or riding
across railway or
designated tramway
tracks against
authorised person's
directions
2·45 3235
";
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(d) the items set out below are revoked—
"reg.
43(1)(a) or
reg. 43(1)(b)
Driving or conveying
an overdimensional
vehicle across railway
tracks
7·34 3184
reg. 43(1)(c) Driving or conveying
an overdimensional
vehicle across railway
tracks that may
obstruct, displace or
interfere with track or
overhead power line
7·34 3185
reg. 43(2) Driving or conveying
an overdimensional
vehicle across
tramway tracks
7·34 3206
".
(3) In Schedule 3 to the Principal Regulations, in the
Table under the sub-heading "Interfering with
Equipment or Property"—
(a) before the reference in Column 1 to
"Transport (Conduct) Regulations 2005"
insert—
"Transport
Act 1983
s. 221ZF(a) Applying brake or
emergency device
without reasonable
excuse
2·45 3171
s. 221ZG Causing vehicle to be
stopped without
reasonable excuse
2·45 3143
s. 221ZH Moving, operating,
interfering or
tampering with
equipment or vehicle
without permission of
an authorised person
2·45 3180
";
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(b) the items set out below are revoked—
"reg. 50(a) Applying brake or
emergency device
2·45 3171
reg. 51 Causing vehicle to be
stopped
2·45 3143
reg. 52 Interfering with
operation of etc.
equipment or vehicle
without permission
2·45 3180
".
(4) In Schedule 3 to the Principal Regulations, in the
Table under the sub-heading "Taxi-Cabs"—
(a) after the item relating to Code 2365 insert—
"reg. 8(3) Failing to return
illegible driver photo
card
0·5 2621
reg. 8(4) Failing to return driver
photo card when
required
1 2622
";
(b) after the item relating to Code 2383 insert—
"reg. 15(1) Operator of a taxi-cab
operating a taxi-cab
without a security
camera
2 2623
reg. 15(2) Driver of a taxi-cab
operating a taxi-cab
without a security
camera
2 2624
";
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(c) after the item relating to Code 2384 insert—
"reg. 17(1) Operating a taxi-cab
with a boot without a
fitted and approved
boot lock release
device
1 2625
reg. 17(2) Failing to ensure boot
lock release device
can be operated from
inside the boot, cannot
be made inoperable
from outside the boot
and is kept in good
working order
1 2626
";
(d) after the item relating to Code 2399 insert—
"reg. 20(3) Driver failing to give
defect notice to
operator
0·5 2627
";
(e) after the item relating to Code 2391 insert—
"reg. 26(2) Operating a taxi-cab
without a second
indicator lamp fitted
when required
1 2628
";
(f) after the item relating to Code 2392 insert—
"reg. 26(4) Operating a taxi-cab
when an indicator
lamp is not in good
working order
1 2629
";
(g) in Column 2 of the item relating to Code
2394, before "indicator" insert "both";
(h) in column 2 of the item relating to Code
2396, for 'Failing to display "Not for Hire"
sign as required' substitute 'Driver failing to
display "Not for Hire" sign in correct
position on vehicle';
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(i) after the item relating to Code 2396 insert—
'reg. 27(3) Driver failing to
display "Not for hire"
sign when taxi-cab not
available for hire
1 2630
';
(j) after the item relating to Code 2397 insert—
"reg. 28(1) Exceeding specified
number of passengers
1 2631
" ;
(k) after the item relating to Code 2409 insert—
"reg. 32(2) Failure of operator of
taxi depot to comply
with notice to
determine uniform
design
0·5 2632
";
(l) after the item relating to Code 2413 insert—
"reg. 33(2) Refusing to accept
guide dog
1·5 2633
" ;
(m) after the item relating to Code 2430 insert—
"reg. 41(4) Failing to give receipt
if asked when deposit
paid
0·5 2634
";
(n) after the item relating to Code 2431 insert—
"reg. 43(2) Failing to accept
payment by valid
credit or debit card
1 2635
reg. 43(3) Failing to use
electronic payment
facility
1 2636
reg. 43(5) Hirer failing to pay
fare
1 2637
" ;
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(o) after the item relating to Code 2439 insert—
"reg. 44(8) Failing to comply with
notice to have
taximeter tested
1 2638
" ;
(p) after the item relating to Code 2441 insert—
"reg. 45(3) Starting taximeter
before taxi-cab is
ready to move off
1 2639
" ;
(q) in Column 2 of the item relating to Code
2443, for "when required" substitute "as
soon as hiring has finished";
(r) after the item relating to Code 2443 insert—
"reg.
45(6)(b)
Failing to return
taximeter to neutral
immediately after taxi-
cab stops to let last
passenger out
1 2640
";
(s) in Column 3 of the item relating to Code
2412 for "2" substitute "1⋅5".
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ENDNOTES
1 Reg. 4: S.R. No. 112/1999. Reprint No. 2 as at 1 March 2006. Reprinted to
S.R. No. 10/2006. Further amended by S.R. No. 86/2006.
Endnotes
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