Road Management (General) Regulations 2005

i Road Management (General) Regulations 2005 S.R. No. 63/2005 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 101. Objectives 1 102. Authorising provision 2 103. Commencement 2 104. Definitions 3 PART 2—MANAGEMENT OF ROADS 4 201. Exemption from consultation requirement for discontinuance of certain roads 4 202. Matters that must be included in a register of public roads 5 PART 3—ROAD MANAGEMENT PLANS 6 Division 1—Review of Road Management Plans 6 301. Road authority must conduct review of road management plan 6 302. Conduct of reviews of road management plans 8 Division 2—Amendment of Road Management Plans 10 303. Procedure for certain amendments to road management plans 10 304. When notice of proposed amendment is not required 11 305. Date of effect of plan or amendment 13 306. Availability of amendments to road management plans 13 PART 4—NOTICES OF INCIDENT AND CONDITION REPORTS 14 401. Particulars of notice of incident 14 402. Contents of condition report 15 PART 5—PROTECTION OF ROADS AND PROPERTY 16 501. Interference with roads 16 502. Interference with construction zones 16 503. Damage to roads 17 504. Entry to and conduct on VicRoads' property 17 -- 1 of 33 -- Regulation Page ii 505. Interference with bridges 19 506. No camping on freeways or arterial roads 19 507. Removal of vehicles 20 508. Hoardings and advertisements 21 509. Removal of objects from road 22 PART 6—ROAD MANAGEMENT INFRINGEMENT NOTICES 24 601. Offences under the regulations for which a road management infringement notice may be issued 24 602. Form of road management infringement notice 24 603. Form of withdrawal notice 24 604. Service of notice of withdrawal of road management infringement notices 25 PART 7—FEES AND CHARGES 26 701. Fee for property enquiries 26 702. Charges for use of road reserves 26 __________________ SCHEDULES 28 SCHEDULE 1—Road Management Infringements 28 SCHEDULE 2—Road Management Infringement Notice 29 ═══════════════ ENDNOTES 31 -- 2 of 33 -- 1 STATUTORY RULES 2005 S.R. No. 63/2005 Road Management Act 2004 Road Management (General) Regulations 2005 The Governor in Council makes the following Regulations: Dated: 21 June 2005 Responsible Minister: PETER BATCHELOR Minister for Transport RUTH LEACH Acting Clerk of the Executive Council PART 1—PRELIMINARY 101. Objectives The objectives of these Regulations are— (a) to exempt certain road discontinuances from certain requirements of section 12 of the Act; and (b) to prescribe certain matters that must be recorded in a register of public roads; and (c) to prescribe the interval at which a road authority must review its road management plan; and -- 3 of 33 -- Part 1—Preliminary Road Management (General) Regulations 2005 S.R. No. 63/2005 2 (d) to prescribe the manner in which a road authority must review its road management plan; and (e) to prescribe the manner in which a road authority may amend its road management plan in certain circumstances; and (f) to prescribe the particulars to be contained in a notice of incident; and (g) to prescribe particulars to be contained in a condition report; and (h) to provide for the protection of roads and property; and (i) to authorise the removal of vehicles and other objects and refuse from roads; and (j) to make provision with respect to the matters that a road authority must consider in exercising its powers in relation to hoardings and advertisements on roads, and to confer certain appeal rights; and (k) to make provision with respect to road management infringement notices; and (l) to fix certain fees and charges. 102. Authorising provision These Regulations are made under section 132 of the Road Management Act 2004. 103. Commencement These Regulations come into operation on 1 July 2005. r. 102 -- 4 of 33 -- Part 1—Preliminary Road Management (General) Regulations 2005 S.R. No. 63/2005 3 104. Definitions In these Regulations— "construction zone" means any place or area in which VicRoads is conducting road construction or maintenance works, whether or not that area or place is a road; Note: "road" is defined in the Road Management Act 2004—see section 3(1) of the Act. "municipal council" has the same meaning as "council" has in section 3(1) of the Local Government Act 1989; "the Act" means the Road Management Act 2004; "VicRoads' property" means any land or premises which is owned or occupied by VicRoads but does not include a road. __________________ r. 104 -- 5 of 33 -- Part 2—Management of Roads Road Management (General) Regulations 2005 S.R. No. 63/2005 4 PART 2—MANAGEMENT OF ROADS 201. Exemption from consultation requirement for discontinuance of certain roads A proposed discontinuance of a road or part of a road is exempt for the purposes of section 12(11)(a) of the Act— (a) if— (i) the road is not a public road; and (ii) the road— (A) has never been a public road; or (B) has not been a public road for a period of 3 years; and (iii) no existing access to any land will be denied; or (b) if the road is an unused road within the meaning of the Land Act 1958; or (c) if it is proposed to discontinue part of the road and— (i) no existing access to any land will be denied; and (ii) there is no non-road infrastructure, of which the coordinating road authority is aware, installed in, on, under or over the road or the part of the road to be discontinued. r. 201 -- 6 of 33 -- Part 2—Management of Roads Road Management (General) Regulations 2005 S.R. No. 63/2005 5 202. Matters that must be included in a register of public roads The following matters are prescribed for the purposes of clause 1(k) of Schedule 1 to the Act as matters which must be included in a register of public roads— (a) a reference to any declaration under section 42 of the Act of a controlled access road for which the road authority is the coordinating road authority, and a reference to any amendment or revocation of such a declaration; and (b) a reference to any notice referred to in clause 5(1)(a) of Schedule 2 to the Act in relation to a controlled access road for which the authority is the coordinating road authority. __________________ r. 202 -- 7 of 33 -- Part 3—Road Management Plans Road Management (General) Regulations 2005 S.R. No. 63/2005 6 PART 3—ROAD MANAGEMENT PLANS Division 1—Review of Road Management Plans 301. Road authority must conduct review of road management plan (1) For the purposes of section 54(5) of the Act, a road authority that has a road management plan must conduct a review of that plan at the intervals prescribed by this regulation. Note: The making of a road management plan is voluntary and a road authority may therefore decide not to have a road management plan—see section 49 of the Act. However, a road authority that has made a road management plan must conduct a review of that plan in accordance with the regulations at the intervals prescribed by the regulations—see section 54(5) of the Act. (2) A road authority other than a municipal council must— (a) commence a review of its road management plan— (i) in the case of the first plan, not more than 4 years after the making or a later date fixed by the relevant road Minister; or (ii) in the case of a plan that is not the first plan, not more than 4 years after the making of that plan or of the last review of that plan or a later date fixed by the relevant road Minister; and (b) complete that review not more than 5 years after the making or last review of that plan or a later date fixed by the relevant road Minister. r. 301 -- 8 of 33 -- Part 3—Road Management Plans Road Management (General) Regulations 2005 S.R. No. 63/2005 7 (3) A municipal council must— (a) in the case of a road management plan made before 29 November 2008— (i) commence a review of that plan by 1 January 2009 or a later date fixed by the Minister administering the Local Government Act 1989; and (ii) complete that review by 30 June 2009 or a later date fixed by the Minister administering the Local Government Act 1989; and (b) in any other case, conduct a review of its road management plan within the period referred to in section 125(1)(b) of the Local Government Act 1989 or, if that period is extended in accordance with section 125(4) of that Act, within that extended period. Note 1: Section 31(1) of the Local Government Act 1989 provides that a general election for all municipal councils must be held on the last Saturday in November 2008 and every four years from then on. Note 2: Sub-regulation (3)(a) deals with the review of road management plans by incoming councils elected on Saturday 29 November 2008. These reviews must be commenced no later than 1 January 2009 and completed no later than 30 June 2009 unless the Minister administering the Local Government Act 1989 extends the periods. The Minister administering that Act is the "relevant road Minister" for the purposes of the Road Management Act 2004 in relation to municipal councils. r. 301 -- 9 of 33 -- Part 3—Road Management Plans Road Management (General) Regulations 2005 S.R. No. 63/2005 8 Note 3: Sub-regulation (3)(b) deals with the review of road management plans by incoming municipal councils elected at general elections in later years. Each incoming council must review its road management plan during the same period as it is preparing its Council Plan under the Local Government Act 1989. Among other things, Council Plans deal with the setting of strategic objectives, performance indicators and strategic resource allocation. Section 125(1)(b) of that Act requires each municipal council to prepare a Council Plan within the period of 6 months after each general election or by the next 30 June, whichever is later, unless the Minister administering that Act extends the period under section 125(4) of that Act. The Minister administering the Local Government Act 1989 is the "relevant road Minister" for the purposes of the Road Management Act 2004 in relation to municipal councils. 302. Conduct of reviews of road management plans (1) In conducting a review of its road management plan, a road authority must ensure that the standards in relation to, and the priorities to be given to, the inspection, maintenance and repair of the roads and classes of road to which the plan applies are appropriate. (2) If a road authority proposes to conduct a review of its road management plan, the road authority must give a notice— (a) stating or describing the purpose of the review; and (b) stating or describing the roads and classes of road to which the road management plan applies; and (c) stating where a copy of the current road management plan may be obtained or inspected; and r. 302 -- 10 of 33 -- Part 3—Road Management Plans Road Management (General) Regulations 2005 S.R. No. 63/2005 9 (d) stating that any person may make a submission on the proposed review to the road authority within the period specified in the notice, being not less than 28 days after the date on which the notice is given. (3) Subject to sub-regulation (4), a notice under this regulation must be published in the Government Gazette and in a daily newspaper generally circulating in the area in which the roads to which the road management plan applies are situated. (4) A municipal council may give notice under this regulation as part of a public notice published in accordance with section 223 of the Local Government Act 1989 for the purposes of section 125 of that Act. Note: Sub-regulation (4) enables a municipal council to give public notice of a review of its road management plan in the same public notice dealing with a review of its Council Plan. See sections 125(3) and 223 of the Local Government Act 1989, which deal with public submissions on proposed Council Plans. (5) After a road authority has completed a review of its road management plan, it must— (a) produce a written report summarising the findings and conclusions of the review; and (b) make the report available for copying or inspection at the place where the road management plan may be inspected or obtained in accordance with section 55(1)(b) of the Act. r. 302 -- 11 of 33 -- Part 3—Road Management Plans Road Management (General) Regulations 2005 S.R. No. 63/2005 10 Division 2—Amendment of Road Management Plans 303. Procedure for certain amendments to road management plans (1) Subject to regulation 304, if a road authority proposes to amend a road management plan and the amendment relates to the determination of a standard of construction, inspection, maintenance or repair under section 41 of the Act, the road authority must give a notice— (a) stating or describing the purpose and general purport of the proposed amendment; and (b) stating or describing the roads, roadways, pathways, road infrastructure or road-related infrastructure or classes of roads, roadways, pathways, road infrastructure or road-related infrastructure affected by the proposed amendment; and (c) stating where a copy of the proposed amendment may be obtained or inspected; and (d) stating that any person who is aggrieved by the proposed amendment may make a submission on the proposed amendment to the road authority within the period specified in the notice, being not less than 28 days after the date on which the notice is published in the Government Gazette. r. 303 -- 12 of 33 -- Part 3—Road Management Plans Road Management (General) Regulations 2005 S.R. No. 63/2005 11 (2) A notice under this regulation— (a) must be published in the Government Gazette and in a daily newspaper generally circulating in the area in which the roads, roadways, pathways, road infrastructure or road-related infrastructure or classes of road, roadway, pathway, road infrastructure or road-related infrastructure to which the road management plan applies are situated; and (b) may be given by the road authority to any person who the road authority believes may be affected by the proposed amendment. 304. When notice of proposed amendment is not required A road authority is not required to give notice under regulation 303 if the Chief Executive Officer (however described) of the road authority certifies in writing that the proposed amendment to the road management plan results in the determination under section 41 of the Act of a standard and— (a) that standard is higher than a relevant standard previously determined under section 41 of that Act; or Example The Chief Executive Officer may give a certification if the proposed amendment to the road management plan results in the determination of a standard that— • would provide for more frequent inspection or maintenance of a road; or • would decrease the period of time within which defects are to be repaired— but not if the determination of a standard— • would provide for less frequent inspection or maintenance of a road; or r. 304 -- 13 of 33 -- Part 3—Road Management Plans Road Management (General) Regulations 2005 S.R. No. 63/2005 12 • would increase the period of time within which defects are to be repaired. (b) the determination of that standard only deals with changes to administrative procedures within a road authority or between road authorities; or Example The Chief Executive Officer may give a certification if the proposed amendment to the road management plan results in a determination of a standard consequent on the transfer of responsibility for a road or part of a road from one road authority to another. (c) the determination of that standard only deals with changes of a machinery or declaratory nature; or Example The Chief Executive Officer may give a certification if the proposed amendment to the road management plan results in a determination of a standard consequent on— • the name of a road changing; or • a road being discontinued; or • a road ceasing to be a public road. (d) the determination of that standard only deals with— (i) a road for which the road authority has become the coordinating road authority; or (ii) a road which has become a public road— since the relevant road management plan was made or since that plan was last reviewed in accordance with section 54(5) of the Act and these Regulations. r. 304 -- 14 of 33 -- Part 3—Road Management Plans Road Management (General) Regulations 2005 S.R. No. 63/2005 13 Example The Chief Executive Officer of a road authority may give a certification if the proposed amendment to the road management plan results in a determination of a standard for— • a road that has been constructed since the authority's road management plan was made or last reviewed, such as a newly built arterial road or a road in a new subdivision; or • an existing road that has been transferred to the road authority from another road authority since the authority's road management plan was made or last reviewed; or • an existing road that has become a public road by registration under section 17(3) of the Act since the authority's road management plan was made or last reviewed. 305. Date of effect of plan or amendment If a road management plan or an amendment to a road management plan does not specify the date on which it is to take effect, it takes effect on the day after it is made. 306. Availability of amendments to road management plans (1) If a notice of a proposed amendment has been given in accordance with regulation 303, section 55 of the Act applies to the amendment of a road management plan as if the reference to the making of a road management plan in that section were a reference to the making of the amendment in accordance with this Division. (2) If a road authority amends a road management plan, the road authority must record on that plan— (a) the substance of the amendment; and (b) the date of effect of the amendment. __________________ r. 305 -- 15 of 33 -- Part 4—Notices of Incident and Condition Reports Road Management (General) Regulations 2005 S.R. No. 63/2005 14 PART 4—NOTICES OF INCIDENT AND CONDITION REPORTS 401. Particulars of notice of incident For the purposes of section 115(3) of the Act, the prescribed particulars to be contained in a notice of incident are as follows— (a) the name and address of the person who proposes to commence a proceeding in a court based on a claim in relation to an incident arising out of the condition of a public road or infrastructure; and (b) the signature of the person referred to in paragraph (a) or the name and address of another person giving notice on that person's behalf; and (c) the date of the notice; and (d) a description of the incident in relation to which the person proposes to commence a proceeding; and (e) the date of the incident and the time or approximate time of the incident; and (f) a description of the site of the incident and any relevant infrastructure that is sufficient to enable the responsible road authority to identify and inspect the site of the incident and any relevant infrastructure. r. 401 -- 16 of 33 -- Part 4—Notices of Incident and Condition Reports Road Management (General) Regulations 2005 S.R. No. 63/2005 15 402. Contents of condition report For the purposes of section 116(3)(e) of the Act, the prescribed matters to be contained in a condition report under section 116 are as follows— (a) the name of the road authority that has prepared the report; and (b) a statement or description of the site, road or infrastructure to which the report relates; and (c) the date and time or approximate time on which any inspection on which the report is based was conducted; and (d) a statement, signed by a person authorised by the road authority for the purpose, certifying that the report is a condition report for the purposes of section 116 of the Act. Note: These matters are in addition to the matters required by section 116(3) of the Act. __________________ r. 402 -- 17 of 33 -- Part 5—Protection of Roads and Property Road Management (General) Regulations 2005 S.R. No. 63/2005 16 PART 5—PROTECTION OF ROADS AND PROPERTY 501. Interference with roads (1) Subject to sub-regulation (2), a person must not interfere with or damage any road infrastructure in, on, under or over a road without a written permit issued by the coordinating road authority. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply if the interference or damage— (a) is authorised or permitted by or under the Act or any other Act; or (b) arises out of a lawful and reasonable use of the road. (3) This regulation does not apply to works. Note: "works" is defined in section 3(1) of the Act. (4) A coordinating road authority may charge a person a fee for issuing a permit for the purposes of sub-regulation (1) not exceeding 5 fee units. 502. Interference with construction zones (1) Subject to sub-regulation (2), a person must not interfere with or damage any road infrastructure in, on, under or over a construction zone without a written permit issued by VicRoads. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply if the interference or damage— (a) is authorised or permitted by or under the Act or any other Act; or (b) arises out of a lawful and reasonable use of the road. r. 501 -- 18 of 33 -- Part 5—Protection of Roads and Property Road Management (General) Regulations 2005 S.R. No. 63/2005 17 (3) This regulation does not apply to works. Note: "works" is defined in section 3(1) of the Act. (4) VicRoads may charge a person a fee for issuing a permit for the purposes of sub-regulation (1) not exceeding 5 fee units. 503. Damage to roads (1) Subject to sub-regulation (2), a person must not without the written consent of the coordinating road authority drive on a road a vehicle which is likely to cause damage to the road. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person using snow chains on the wheels of a vehicle where the chains are reasonably required because of snow or ice on the road surface. 504. Entry to and conduct on VicRoads' property (1) VicRoads may place at or near the boundary of a VicRoads' property a sign advising that entry to that property is prohibited without the written consent of VicRoads. (2) Subject to sub-regulation (3), if VicRoads has placed a sign under sub-regulation (1), a person must not enter or remain on VicRoads' property without the written consent of VicRoads. Penalty: 10 penalty units. (3) Sub-regulation (2) does not apply to a person if the person is— (a) authorised or permitted to enter or remain on VicRoads' property by or under the Act or any other Act; or r. 503 -- 19 of 33 -- Part 5—Protection of Roads and Property Road Management (General) Regulations 2005 S.R. No. 63/2005 18 (b) the person is a VicRoads' works manager or a person acting under the supervision of a VicRoads' works manager; or Note: "works manager" is defined in section 3(1) of the Act. (c) the person is an employee or agent of a public sector body within the meaning of the Public Administration Act 2004 who is acting in the course of his or her employment or authority. (4) If VicRoads has placed a sign under sub- regulation (1) a person who has consent for the purposes of this regulation must on demand, when entering or being on VicRoads' property— (a) produce the consent to a member of the Police Force or an authorised officer of VicRoads; and (b) produce evidence to verify that he or she is the person named in the consent. Penalty: 10 penalty units. (5) A person who has been given consent for the purposes of this regulation must not give that written consent to another person knowing or believing that the other person is likely to exercise the privileges given by the consent. Penalty: 10 penalty units. (6) A person who is on VicRoads' property or a construction zone must not, without the written consent of VicRoads— (a) damage, injure or interfere with VicRoads' property, any works or undertaking conducted on that property or with any machinery, equipment or material stored, placed or used on that property; or r. 504 -- 20 of 33 -- Part 5—Protection of Roads and Property Road Management (General) Regulations 2005 S.R. No. 63/2005 19 (b) destroy all or part of a tree, shrub or plant on that property; or (c) erect or remove any notice or sign or fix any notice, bill or sign to a tree or structure on that property. Penalty: 10 penalty units. 505. Interference with bridges A person, other than a person authorised by VicRoads, must not climb, jump or rappel on, from or onto a bridge on or over a freeway or arterial road. Penalty: 8 penalty units. 506. No camping on freeways or arterial roads (1) A person, other than a person authorised by VicRoads, must not camp on the road reserve or an ancillary area of a freeway or arterial road. Penalty: 1 penalty unit. (2) In this regulation— "camp" means— (a) to erect, occupy or use, for accommodation, a tent, tarpaulin or any similar form of accommodation, shelter or temporary structure; or (b) to occupy or use a swag or sleeping bag. r. 505 -- 21 of 33 -- Part 5—Protection of Roads and Property Road Management (General) Regulations 2005 S.R. No. 63/2005 20 507. Removal of vehicles (1) Subject to sub-regulation (2), if a State road authority removes a vehicle in accordance with clause 4 or 5 of Schedule 4 to the Act, the road authority must serve a notice by post on the operator (if any) of the vehicle informing the operator that the authority has removed the vehicle. (2) Sub-regulation (1) does not apply if the vehicle does not display a number plate or other identification that would enable the identification of the vehicle's owner for the purposes of section 66 of the Road Safety Act 1986. (3) A notice under sub-regulation (1) may include— (a) a notice for the purposes of clause 4(2) of Schedule 4 to the Act; and (b) any other information that the State road authority considers appropriate. Note: A fee may be charged for removing an unregistered or abandoned vehicle in certain circumstances—see clause 4 of Schedule 4 to the Act. (4) In this regulation— "operator" has the same meaning as "owner" has in section 66(5) of the Road Safety Act 1986; and "vehicle" has the same meaning as it has in section 3(1) of the Road Safety Act 1986. r. 507 -- 22 of 33 -- Part 5—Protection of Roads and Property Road Management (General) Regulations 2005 S.R. No. 63/2005 21 508. Hoardings and advertisements (1) In considering whether to give consent for the purposes of section 66(1) of the Act, the coordinating road authority must consider whether the structure, device or hoarding or advertisement would, or would be likely to— (a) obscure the field of view of a user of the road; or (b) cause a hazard by distracting the attention of a user of the road; or (c) obscure or distract attention of a user of the road from a traffic control device; or (d) in any other way be detrimental to the safe or efficient use of the road. (2) If the coordinating road authority refuses its consent under section 66(1) of the Act, the applicant may— (a) in the case of a decision made before 1 July 2005 where the applicant was advised of the refusal before 1 July 2005, within 28 days of 1 July 2005; (b) in the case of a decision made before 1 July 2005 where the applicant is advised of the refusal on or after 1 July 2005, within 28 days of being advised of the refusal; (c) in the case of a decision made on or after 1 July 2005, within 28 days of being advised of the refusal— apply to the Tribunal for a review of the decision. Note: "Tribunal" means the Victorian Civil and Administrative Tribunal—see section 3(1) of the Act. r. 508 -- 23 of 33 -- Part 5—Protection of Roads and Property Road Management (General) Regulations 2005 S.R. No. 63/2005 22 (3) In reviewing a decision, the Tribunal may take submissions from— (a) the applicant; (b) the coordinating road authority; (c) VicRoads; (d) any person that the Tribunal considers has a substantial interest in the application such that that person should make submissions to, the Tribunal. 509. Removal of objects from road (1) A responsible road authority may remove any object, refuse, rubbish or other materials deposited or left on a road or part of a road for which it is the responsible road authority. Example A road authority may remove from a road or a part of a road for which it is the responsible road authority— • litter; or • debris, including debris from a motor vehicle collision; or • a truck or trailer load spilled on a road; or • lost or abandoned property. (2) Subject to sub-regulation (3), a responsible road authority may sell or destroy anything which the responsible road authority has removed from a road or part of a road under sub-regulation (1). r. 509 -- 24 of 33 -- Part 5—Protection of Roads and Property Road Management (General) Regulations 2005 S.R. No. 63/2005 23 (3) Before exercising its powers under sub- regulation (2), except in relation to refuse or rubbish, the responsible road authority must— (a) if the owner of the object or material is known to the responsible road authority— send to the last known address of the owner of the object or material a notice stating that the object or material will be destroyed or sold if not collected within a period, not being less than 14 days, stated in the notice; and (b) if the owner of the object or material is not known to the responsible road authority— wait 14 days from the date that the object or material was removed from the road. (4) A responsible road authority may recover in the Magistrates' Court, from a person responsible, expenses incurred in removing refuse, rubbish or other material deposited or left on a road for which it is the responsible road authority other than in a receptacle or area provided for the purpose by the responsible road authority. __________________ r. 509 -- 25 of 33 -- Part 6—Road Management Infringement Notices Road Management (General) Regulations 2005 S.R. No. 63/2005 24 PART 6—ROAD MANAGEMENT INFRINGEMENT NOTICES 601. Offences under the regulations for which a road management infringement notice may be issued (1) The offences listed in column one of Schedule 1 are specified as road management infringements for the purposes of section 90(1) of the Act. Note 1: In section 3(1) of the Act, the definition of "road management infringement" includes offences against the regulations that are specified in the regulations to be road management infringements. Note 2: Section 90(1) of the Act provides that a member of the police force or an authorised officer of a road authority may serve a road management infringement notice in respect of an offence specified in the regulations. (2) For the purposes of a road management infringement listed in column one of Schedule 1, the specified penalty is the penalty set out in column two of Schedule 1. 602. Form of road management infringement notice For the purpose of section 91 of the Act, the prescribed form of a road management infringement notice is as set out in Schedule 2. 603. Form of withdrawal notice For the purposes of section 92(2) of the Act, the prescribed particulars to be contained in a notice of withdrawal of a road management infringement notice are as follows— (a) the name and address of the person on whom the infringement notice was served; (b) the number of the infringement notice and the date of its issue; (c) a statement that the infringement notice has been withdrawn; r. 601 -- 26 of 33 -- Part 6—Road Management Infringement Notices Road Management (General) Regulations 2005 S.R. No. 63/2005 25 (d) if it is intended that court proceedings may be instituted against the person in respect of the alleged infringement, a statement to that effect; and (e) if payment has been made in respect of the infringement penalty, a statement as to the refund of the amount paid. 604. Service of notice of withdrawal of road management infringement notices A notice of withdrawal of a road management infringement notice may be served— (a) by personally serving the notice upon the alleged offender; or (b) by sending the notice by post addressed to the alleged offender at his or her last known place of residence or business. __________________ r. 604 -- 27 of 33 -- Part 7—Fees and Charges Road Management (General) Regulations 2005 S.R. No. 63/2005 26 PART 7—FEES AND CHARGES 701. Fee for property enquiries The fee to be charged by VicRoads for the supply, on request, of— (a) information as to whether VicRoads has any approved proposals for works requiring the purchase or compulsory acquisition of land; or (b) information as to whether VicRoads has declared any road or part of a road as a controlled access road under section 42 of the Act; or (c) the details of any policy made under clause 3 of Schedule 2 to the Act; or (d) information for the purposes of complying with section 32 of the Sale of Land Act 1962— is 1⋅27 fee units. 702. Charges for use of road reserves (1) Subject to sub-regulation (2), the grant of a lease or licence under Schedule 5 to the Act is subject to the payment of a charge approved by the Minister, either generally or for a specific case. (2) A payment to VicRoads is not required for a lease or licence to operate a roadside restaurant or similar facility on a pathway on an arterial road, other than in an ancillary area. r. 701 -- 28 of 33 -- Part 7—Fees and Charges Road Management (General) Regulations 2005 S.R. No. 63/2005 27 Example A fee may be payable to VicRoads for a licence issued under the Act to operate a take-away food van in a rest stop on a freeway but no fee is payable to VicRoads for a café placing tables on a footpath of an arterial road. Note: A municipal council may charge fees for use of footpaths under the Local Government Act 1989. __________________ r. 702 -- 29 of 33 -- Road Management (General) Regulations 2005 S.R. No. 63/2005 28 SCHEDULES SCHEDULE 1 Regulation 601 ROAD MANAGEMENT INFRINGEMENTS Column one Column two Item Road Management Infringement Specified Penalty 1. Enter or remain on VicRoads' property without consent (regulation 504(2)) 3 penalty units 2. Damage, injure or interfere with property, destroy plants, erect or remove signs or notices on VicRoads' property or a construction zone without written consent (regulation 504(6)) 3 penalty units 3. Climb, jump or rappel on, from or onto a bridge on or over a freeway or arterial road (regulation 505) 2 penalty units 4. Unauthorised camping on a road reserve or ancillary area (regulation 506) 1 penalty unit __________________ Sch. 1 -- 30 of 33 -- Road Management (General) Regulations 2005 S.R. No. 63/2005 29 SCHEDULE 2 Regulation 602 ROAD MANAGEMENT INFRINGEMENT NOTICE Road Management Act 2004 Section 90 Date of Issue of Infringement Notice: Infringement Notice Number: Details of person alleged to have committed the Infringement Name: Address: Postcode: Details of Infringement Nature and brief description of the Infringement: Provision of Road Management Act 2004 or regulations made under that Act: Location of Infringement: Date of Infringement: Time (or approximate time) of Infringement: [a.m./p.m.] Amount of penalty: $ How to pay the Penalty Payment may be made in person at: [insert details] Or by post addressed as follows: [insert name and address of person or organisation to which payment is to be sent]. Sch. 2 -- 31 of 33 -- Road Management (General) Regulations 2005 S.R. No. 63/2005 30 If paying by post, payment must be made by Cash or Cheque or Money Order crossed "Not-Negotiable" and made payable to [insert payee details]. Date by which penalty must be paid: Signature of authorised officer or police officer: Name of authorised officer or police officer: Information for the person to whom this infringement notice is issued If the amount of the penalty is tendered at the place(s) referred to in this notice this matter will not be brought before the Magistrates' Court unless this notice is withdrawn before the date specified above as the date by which penalty must be paid. If the amount of the penalty is not paid before the end of the time specified in the notice and proceedings are brought before the Magistrates' Court the person on whom the notice is served is entitled to defend any such proceedings. Complete this section if you wish to have this matter dealt with by a Court To the authorised officer or police officer named above: I decline to be dealt with by infringement notice and want to have the matter dealt with by a Court. I understand that I may receive a summons for this alleged offence: Surname Given names Please serve summons at the following address: Postcode: Signature: Date of birth / / Please send correspondence to: [Insert postal address for notices to the authorised officer or police officer who issued the infringement notice] ═══════════════ Sch. 2 -- 32 of 33 -- Road Management (General) Regulations 2005 S.R. No. 63/2005 31 ENDNOTES Fee Units These Regulations provide for fees by reference to fee units established under the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2005, is $10.49. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee 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 fee 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 -- 33 of 33 --