Melbourne City Link (General) Regulations 1999

i Melbourne City Link (General) Regulations 1999 S.R. No. 55/1999 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 101. Objectives 1 102. Authorising provisions 2 103. Definitions 2 PART 2—EXEMPTIONS 6 201. Vehicles exempted from payment of tolls 6 202. Vehicles exempt from registration 7 PART 3—NOTICES FOR TOLL ZONES 8 301. Placement of notices 8 302. Information to be provided by notices 9 PART 4—PRESCRIBED TOLLING DEVICES AND PROCESSES 11 401. Prescribed tolling devices 11 402. Use of sensor unit 11 403. Testing of sensor unit 11 404. Process for production of printed image 12 PART 5—NOTICES AND CERTIFICATES 14 501. Form of infringement notice 14 502. Certificates issued by enforcement agency 15 503. Certificates as to registered owner of vehicle 15 504. Certificates issued by relevant corporation 16 PART 6—MISCELLANEOUS 17 601. Persons authorised to bring proceedings 17 __________________ SCHEDULE—Connecting roads 18 ═══════════════ -- 1 of 20 -- 1 STATUTORY RULES 1999 S.R. No. 55/1999 Melbourne City Link Act 1995 Melbourne City Link (General) Regulations 1999 The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations: Dated: 18 May 1999 Responsible Minister: ROBERT MACLELLAN Minister for Planning and Local Government BILL ZISIMOPOULOS Acting Clerk of the Executive Council PART 1—PRELIMINARY 101. Objectives The objectives of these Regulations are— (a) to exempt from the payment of tolls certain vehicles which under the Agreement or the Extension Agreement may be exempted from tolls; and (b) to make provision for the exemption by the relevant corporation of vehicles from the requirement to be registered under Part 4 of the Melbourne City Link Act 1995; and (c) to prescribe requirements in relation to placing notices on, or in the vicinity of, the Link road and Extension road; and -- 2 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 2 (d) to prescribe tolling devices and the manner in which specified devices are to be used and tested; and (e) to prescribe the process for the production of images and messages for the purposes of Part 4 of that Act; and (f) to prescribe the form of infringement notices and evidentiary certificates; and (g) to prescribe persons authorised to bring proceedings under that Act. 102. Authorising provisions These Regulations are made under section 118 of the Melbourne City Link Act 1995. 103. Definitions In these Regulations— "Act" means the Melbourne City Link Act 1995; "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; "connecting freeway" means— (a) the South Eastern Freeway; (b) the Tullamarine Freeway; (c) the West Gate Freeway; "connecting road" means— r. 102 -- 3 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 3 (a) in respect of the Western Link, a road specified in Part A of the Schedule; (b) in respect of the Southern Link, a road specified in Part B of the Schedule; (c) in respect of the Extension road, a road specified in Part C of the Schedule; "control unit" means a computer that processes images taken by a sensor unit and creates a digital file in respect of those images; "digital file" means a file in a digital format, or electronic copy of such a file, that is created by a control 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 (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— (a) taken by a sensor unit; and (b) processed by a control unit into a digital format; "printed image" means a printed image produced in accordance with the process in regulation 404(1); "relevant corporation" has the same meaning as it has in section 73 of the Act; r. 103 -- 4 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 4 "Roads Corporation" has the same meaning as in the Transport Act 1983; "sensor unit" means the device known as the Vehicle Registration Sensor Unit Type TS 4240/00A which is also referred to as Model Number TS 4240/00A; "Southern Link" means that part of the Link road described in section 6(a) of the Act; "tag" means a vehicle transponder known as a Tag (Model Number TS 3204/00A or TS 3204/01A); "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 specified in Schedule 1 to the Tertiary Education Act 1993 or an institution referred to in Schedule 1 to the Vocational Education and Training Act 1990; 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 of a testing body accredited in the field of electrical testing by the National Association of Testing Authorities, Australia (NATA); or (d) a person who— r. 103 -- 5 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 5 (i) is a member of the Institution of Engineers Australia; and (ii) holds a Bachelor's or higher degree in the field of electrical engineering, communications engineering or electronics engineering from a university specified in Schedule 1 to the Tertiary Education Act 1993; 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; "Western Link" means that part of the Link road described in section 6(b) of the Act. _______________ r. 103 -- 6 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 6 PART 2—EXEMPTIONS 201. Vehicles exempted from payment of tolls The following vehicles and classes of vehicles are exempt from the payment of tolls for the purposes of section 73(6) of the Act— (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 r. 201 -- 7 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 7 (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 (Traffic) Regulations 1988 and is being operated or used in the performance of emergency services. 202. Vehicles exempt from registration For the purposes of section 73(5) of the Act, the relevant corporation may— (a) exempt a vehicle or class of vehicle from the requirement to be registered under Part 4 of the Act; and (b) make such exemptions— (i) the same for all cases, or different for different cases or classes of case, or different for the same case or class of case for different purposes; or (ii) either unconditionally or subject to any specified conditions and either wholly or to such an extent as is specified; or (iii) so as to apply at all times or at particular times or periods of time. _______________ r. 202 -- 8 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 8 PART 3—NOTICES FOR TOLL ZONES 301. Placement of notices (1) The Link corporation, with the consent of the Roads Corporation, must cause notices providing the information prescribed by regulation 302 to be placed on each connecting freeway specified in column 1 of the Table at a place that is adjacent to the carriageway so as to face an approaching driver and is after the point on that freeway specified in column 2 of the Table but before the point on that freeway specified in column 3 of the Table. TABLE Column 1 Column 2 Column 3 Connecting Freeway After Before Tullamarine Freeway Bulla Road entrance Bell Street exit West Gate Freeway Todd Road entrance Western Link entrance West Gate Freeway Montague Street entrance Western Link entrance West Gate Freeway Montague Street entrance Power Street exit South Eastern Freeway Burke Road entrance Toorak Road exit (2) The Link corporation, with the consent of the Roads Corporation, must cause notices providing the information prescribed by regulation 302 to be placed on each connecting road— (a) at or in the vicinity of each entrance to the Link road or Extension road, as the case requires; and r. 301 -- 9 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 9 (b) so as to face a driver who is approaching the Link road or the Extension road, as the case requires. (3) If a notice under section 69A(1) of the Act has taken effect and no notice under section 69A(2) of the Act is in effect, then for the purposes of sub- regulation (2) in respect of the Extension road, a reference to the Link corporation is to be taken to be a reference to the Extension corporation in relation to a road specified in Part C of the Schedule. (4) Nothing in this regulation prevents the Link corporation (or, if sub-regulation (3) applies, the Extension corporation), with the consent of the Roads Corporation, from causing notices other than notices referred to in this regulation to be placed on a connecting freeway or connecting road. 302. Information to be provided by notices (1) Notices referred to in regulation 301 must indicate that use of the toll zone is restricted to vehicles in respect of which tolls are paid or there is an arrangement in place for the payment of tolls. (2) A notice satisfies the requirements of sub- regulation (1) if it includes the expression "e-TAG OR DAYPASS ONLY" or "e-TAG/DAYPASS ONLY", whether or not other words or expressions are included in the notice. (3) Without limiting sub-regulation (2), notices referred to in regulation 301 may include— (a) information as to how the user may register a vehicle that is driven in a toll zone; (b) any information that the Link corporation (or, if regulation 301(3) applies, the Extension corporation), with the consent of r. 302 -- 10 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 10 the Roads Corporation, considers necessary to assist users of a toll zone. _______________ r. 302 -- 11 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 11 PART 4—PRESCRIBED TOLLING DEVICES AND PROCESSES 401. Prescribed tolling devices (1) For the purposes of Part 4 of the Act, a sensor unit is a prescribed tolling device. (2) For the purposes of section 74 of the Act, a tag is a prescribed tolling device. 402. Use of sensor unit For the purposes of Part 4 of the Act, a sensor unit is used in the prescribed manner if— (a) it is positioned on a gantry in the mountings provided for the unit 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 prescribed manner— (i) if the device has been repaired or modified, before the occasion of its use after that repair or modification; and (ii) in all cases, within a period of 6 months before the occasion of its use. 403. Testing of sensor unit (1) A sensor 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 402(a), the sensor 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 r. 401 -- 12 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 12 (ii) any maintenance or repairs carried out on the sensor unit have been carried out in a satisfactory manner; and (b) makes a full and accurate record of each sensor 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 sensor unit— (a) give the record referred to in sub-regulation (1)(c) to the relevant corporation; and (b) give a copy of that record to the enforcement agency. (3) The relevant corporation must retain a record given to it under sub-regulation (2)(a) for at least one year after the date on which the test was carried out. 404. Process for production of printed image (1) An image or message is produced by a prescribed process for the purposes of Part 4 of the Act if— (a) a printed image is produced from a digital file created by a control unit by the processes set out in sub-regulation (2); and (b) the data contained in the digital file has been verified by a computer— r. 404 -- 13 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 13 (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; 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 control unit if the control unit processes the image taken by a sensor unit used in the prescribed manner by— (a) converting the image taken by the sensor unit into a digital format (with or without compressing the image so taken); and (b) generating data— (i) indicating the toll zone in which the vehicle to which the image relates was driven; and (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). _______________ r. 404 -- 14 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 14 PART 5—NOTICES AND CERTIFICATES 501. Form of infringement notice For the purposes of section 81(a) of the Act, an infringement notice is in the prescribed form if it is in writing and contains a statement of the particulars required by section 81 of the Act and the following additional particulars— (a) a reference to the fact that the notice is a notice in relation to an offence of driving a vehicle in a toll zone contrary to section 73(1) of the Act; and (b) the date on which the notice is issued; and (c) the number of the notice; and (d) the date and approximate time and place of the commission of the alleged offence; and (e) the licence plate number or other identification of the vehicle which is alleged to have been driven in a toll zone; and (f) the name and address of the person alleged to have committed the offence or, if the notice is issued to the owner of the vehicle in accordance with section 87(1) of the Act, the words "The Owner"; and (g) the manner in which the penalty may be paid; and (h) the time within which the penalty may be paid; and (i) the name and location of the enforcement officer who issued the notice; and r. 501 -- 15 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 15 (j) a statement to the effect that a copy of the image relating to the detection of the alleged offence and information as to the date on, and time and location at, which the alleged offence was detected may be inspected or purchased and information on the manner in which the inspection or purchase may be arranged. 502. Certificates issued by enforcement agency A certificate under section 89(1) of the Act is in the prescribed form if the certificate— (a) states that it is a certificate issued by the enforcement agency under section 89(1) of the Act; and (b) certifies— (i) that the matters set out in the certificate appear in, or have been calculated from, the records kept by the enforcement agency; and (ii) that, to the best of the knowledge and belief of the person issuing the certificate on behalf of the enforcement agency, the matters set out in the certificate are true and correct. 503. Certificates as to registered owner of vehicle A certificate under section 89(2) of the Act is in the prescribed form if the certificate— (a) states that it is a certificate issued by the Roads Corporation or the Department of Infrastructure (as the case may be) under section 89(2) of the Act; and (b) certifies that, according to the records of the Roads Corporation or the Department of Infrastructure (as the case may be), on a r. 502 -- 16 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 16 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. 504. Certificates issued by relevant corporation A certificate under section 89(4) of the Act is in the prescribed form if, in addition to any of the matters referred to in that section, the certificate— (a) states that it is a certificate issued by the relevant corporation or a person authorised by the relevant corporation (as the case may be) under section 89(4) of the Act; and (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 of the knowledge and belief of the person issuing the certificate or issuing the certificate on behalf of the relevant corporation, the matters set out in the certificate are true and correct. _______________ r. 504 -- 17 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 17 PART 6—MISCELLANEOUS 601. Persons authorised to bring proceedings The chief executive officer of the Melbourne City Link Authority established by the Melbourne City Link Authority Act 1994 is a prescribed person for the purposes of section 116(2)(b) of the Act. __________________ r. 601 -- 18 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 18 SCHEDULE CONNECTING ROADS PART A—WESTERN LINK Pascoe Vale Road Moreland Road Coonans Road Brunswick Road Ormond Road Flemington Road Mt Alexander Road Racecourse Road Dynon Road Footscray Road PART B—SOUTHERN LINK Kings Way Power Street Swan Street Punt Road Cremorne Street Gibdon Street Barkley Avenue Twickenham Crescent Loyola Grove Grange Road Yarra Boulevard Toorak Road Sch. -- 19 of 20 -- S.R. No. 55/1999 Melbourne City Link (General) Regulations 1999 19 PART C—EXTENSION ROAD Exhibition Street Flinders Street Swan Street ═══════════════ Sch. -- 20 of 20 --