Road Safety (General) Regulations 1999

i Road Safety (General) Regulations 1999 S.R. No. 27/1999 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 101. Objectives 1 102. Authorising provisions 2 103. Commencement 2 104. Revocation 2 105. Definition 2 PART 2—EVIDENCE RELATING TO ALCOHOL AND DRUG OFFENCES 6 201. Preliminary breath test devices 6 202. Procedure for breath analysis 6 203. Certificate under section 55(4) 6 204. Procedure for taking blood sample 7 205. Procedures after taking blood samples 7 206. Certificate under section 57(3) 9 207. Certificate under section 57(4) 9 208. Notice of immediate licence suspension 10 PART 3—EVIDENCE RELATING TO SPEEDING AND OTHER OFFENCES 11 Division 1—Automatic detection devices 11 301. Offences detected by automatic detection devices 11 302. Automatic detection devices 11 303. Use of automatic detection devices 11 304. Interference with automatic detection devices 13 Division 2—Speed measuring devices 13 305. Prescribed speed measuring devices 13 306. Testing of speed measuring devices 13 307. Sealing of speed measuring devices 15 308. Use of digitectors 15 309. Use of laser devices 16 310. Use of radar devices 16 -- 1 of 69 -- Regulation Page ii 311. Certificate as to testing and sealing of speed measuring devices 17 312. Interference with speed measuring device 18 PART 4—EVIDENCE RELATING TO MASS OF VEHICLES 19 Division 1—Portable weighing devices 19 401. Prescribed portable weighing devices 19 402. Testing of portable weighing devices 19 403. Prescribed limits of error for portable weighing devices 20 404. Sealing of portable weighing devices 20 405. Use of portable weighing devices 21 406. Certificate of testing and sealing portable weighing devices 22 407. Interference with portable weighing device 22 Division 2—Dynamic axle weighing devices 23 408. Prescribed dynamic axle weighing devices 23 409. Testing of dynamic axle weighing devices 23 410. Prescribed limits of error for dynamic axle weighing devices 23 411. Use of dynamic axle weighing devices 24 412. Certificate of testing dynamic axle weighing devices 25 413. Interference with dynamic axle weighing devices 25 PART 5—PARKING INFRINGEMENTS 26 501. Service of parking infringement notices 26 502. Prescribed particulars of parking infringement notice 26 PART 6—TRAFFIC INFRINGEMENTS 28 601. Prescribed traffic infringements 28 602. Service of traffic infringement notices 28 603. Prescribed particulars of traffic infringement notice 28 604. Payment of penalty 30 605. Withdrawal of traffic infringement notice 31 606. Proof of prior convictions or findings of guilt 31 PART 7—APPLICATION OF THE ACT TO PUBLIC AUTHORITIES 33 701. Power to prosecute 33 702. Prosecution for parking offences 34 703. Appropriation of fines 34 704. Extension of the Act by the Minister 35 PART 8—SAVINGS AND TRANSITIONALS 38 -- 2 of 69 -- Regulation Page iii 801. Infringement notices issued under 1988 Regulations 38 __________________ SCHEDULES 40 SCHEDULE 1—Revoked Regulations 40 SCHEDULE 2—Certificate under section 83 43 SCHEDULE 3—Parking infringements 44 SCHEDULE 4—Traffic infringements 47 SCHEDULE 5—Prescribed public authorities, persons and funds for appropriation of fines 65 ═══════════════ -- 3 of 69 -- 1 STATUTORY RULES 1999 S.R. No. 27/1999 Road Safety Act 1986 Road Safety (General) Regulations 1999 The Governor in Council makes the following Regulations: Dated: 16 March 1999 Responsible Minister: GEOFF CRAIGE Minister for Roads and Ports STACEY ROBERTSON Acting Clerk of the Executive Council PART 1—PRELIMINARY 101. Objectives The objectives of these Regulations are— (a) to prescribe devices and procedures for obtaining evidence in relation to— (i) blood alcohol concentration or the presence of alcohol or any other drug; and (ii) the speed of vehicles; and (iii) the mass of vehicles; and (iv) other traffic offences; and (b) to prescribe the matters to be included in parking infringement notices and traffic infringement notices; and -- 4 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 2 (c) to prescribe the penalties for parking infringements and traffic infringements; and (d) to provide for the application of provisions of the Act and regulations to land of public authorities; and (e) to prescribe other matters authorised under the Road Safety Act 1986. 102. Authorising provisions These Regulations are made under section 95 of the Road Safety Act 1986. 103. Commencement These Regulations come into operation on 1 May 1999. 104. Revocation The Regulations listed in Schedule 1 are revoked. 105. Definition In these Regulations— "Act" means the Road Safety Act 1986; "automatic detection device" means a detection device prescribed by regulation 302; "digitector" means the device known by that name which determines the speed at which a motor vehicle travels between two vehicle detectors on a road; "dynamic axle weighing device" means a device which— (a) is designed to weigh each axle of a moving vehicle successively; and (b) is either— r. 102 -- 5 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 3 (i) the device known as the Electronic Mass Unit Model 870.3 or 870.4; or (ii) a device which satisfies the testing requirements in regulations 409 and 410 and which has been approved by the Corporation by notice published in the Government Gazette; "Engineering Department" means the head of the Engineering Department of the University of Melbourne or a testing officer of that Department; "infringement penalty" means— (a) in relation to a parking infringement— (i) the amount prescribed in Schedule 3 for the purposes of section 87(3) of the Act; or (ii) in the case of a contravention of section 90E of the Act, $100; or (iii) the amount fixed by the municipal council under section 87(4) of the Act as the penalty for the parking infringement to which the parking infringement notice relates; (b) in relation to a traffic infringement, the amount prescribed in Schedule 4 for the purposes of section 88(5) of the Act as the penalty for the traffic infringement to which the traffic infringement notice relates; "laser device" means— r. 105 -- 6 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 4 (a) the LTI 20.20 Marksman AT; (b) the Prolaser 11 Model Auslaser; "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) the Kustom HR4; (b) the Kustom Falcon; (c) the Kustom KR-10SP; "registered practitioner" means a registered medical practitioner within the meaning of the Medical Practice Act 1994 or a registered nurse within the meaning of the Nurses Act 1993; "speed measuring device" means a device prescribed by regulation 305; "testing authority" means a person or body (whether corporate or unincorporate) approved by the Corporation for the purposes of Division 2 of Part 4 by notice published in the Government Gazette; "testing officer" means— (a) a technical officer or the head of the faculty, school or department of electrical engineering, electronics or communications at a university specified in Schedule 1 to the Tertiary Education Act 1993 or at an institution specified in Schedule 1 to the Vocational Training and Education Act 1990; or r. 105 -- 7 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 5 (b) a person skilled in the development and operation of speed measuring devices and authorised in writing by the Chief Commissioner of Police; 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). _______________ r. 105 -- 8 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 6 PART 2—EVIDENCE RELATING TO ALCOHOL AND DRUG OFFENCES 201. 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. 202. 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. 203. 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 prescribed particulars— r. 201 -- 9 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 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. 204. Procedure for taking blood sample If a blood sample is taken by a registered practitioner 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. 205. Procedures after taking blood samples (1) A registered practitioner who takes a blood sample must ensure that— r. 204 -- 10 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 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 practitioner, 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 other than under section 56 of the Act, the registered practitioner 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 registered practitioner must ensure that— r. 205 -- 11 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 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. 206. Certificate under section 57(3) A certificate under section 57(3) of the Act must contain the following prescribed particulars— (a) a statement by the registered practitioner 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 practitioner. 207. 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 prescribed 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 (b) a statement as to the method of analysis used; and r. 206 -- 12 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 10 (c) the name and signature of the analyst; and (d) the date on which the analysis was conducted; and (e) a description of the identification label referred to in regulation 205(1)(d) attached to the container in which the blood sample is placed. 208. Notice of immediate licence suspension 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 of the accused; and (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. _______________ r. 208 -- 13 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 11 PART 3—EVIDENCE RELATING TO SPEEDING AND OTHER OFFENCES Division 1—Automatic detection devices 301. Offences detected by automatic detection devices For the purposes of section 66 of the Act the prescribed offences which may be detected by an automatic detection device are— (a) exceeding the applicable speed limit; and (b) disobeying a traffic control signal; and (c) driving in a bus lane or transit lane when not permitted to do so; and (d) owning or using a motor vehicle or trailer that is not registered in accordance with the Act. 302. Automatic detection devices For the purposes of section 66 of the Act, the prescribed detection devices are— (a) the automatic detection device known as the Gatso Meter R.L.C; and (b) the automatic detection device known as the Traffipax Speedophot Radar Unit; and (c) the automatic detection device known as the Gatsometer MRC System. 303. Use of automatic detection devices For the purposes of sections 79, 80, 80A and 81 of the Act, an automatic detection device is used in the prescribed manner if the person placing or removing the device or loading or unloading the film magazine into or from the device— r. 301 -- 14 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 12 (a) in the case of a device referred to in regulation 302(a)— (i) checks the time, date and location code in the display of the device 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 device; and (ii) 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 (iii) tests the device to ensure the correct activation of the device by vehicles passing over the detectors; and (iv) ensures that when the device is installed and left unattended it is kept in a locked housing; and (b) in the case of a device referred to in regulation 302(b) and (c)— (i) the device is used in accordance with operating instructions approved by a testing officer; and (ii) the device has been tested in accordance with regulation 306 or the corresponding previous regulation within 12 months before the occasion of its use; and (iii) the device has been sealed in accordance with regulation 307 or the corresponding previous regulation. r. 303 -- 15 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 13 304. Interference with automatic detection devices A person must not, without proper authority, wilfully interfere with an automatic detection device or any seal affixed to such a device or any housing in which such a device is placed or installed. Penalty: 5 penalty units. Division 2—Speed measuring devices 305. Prescribed speed measuring devices For the purposes of sections 74 and 79 of the Act, the prescribed speed measuring devices are— (a) an automatic detection device referred to in regulation 302(b) and (c); and (b) a digitector; and (c) a laser device; and (d) a radar device. 306. Testing of speed measuring devices For the purposes of sections 79 and 81 of the Act, a speed measuring device 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 operates within the following limits of error— r. 304 -- 16 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 14 (i) in the case of a digitector, the time intervals at which calibration is effected indicate speed readings within a limit of error not greater than or less than 2 kilometres per hour of the true speeds determinable from those intervals; and (ii) in the case of an automatic detection device referred to in regulation 302(b) and (c), 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; (iii) in the case of a laser device, not more than 2 kilometres per hour greater than or less than the true speeds determinable from those tests; and (iv) in the case of a radar device, the frequencies generated at which calibration is effected indicate speed readings within a limit of error not greater than or less than 2 kilometres per hour of the true speeds determinable from those frequencies; and (c) records and retains the results of the test, including— (i) 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 r. 306 -- 17 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 15 (ii) the date of the test and the ambient temperature at the time of the test. 307. Sealing of speed measuring devices A speed measuring device is sealed in the prescribed manner for the purposes of section 79 of the Act if— (a) the device has been tested in accordance with regulation 306 and the device has satisfied the test requirements; and (b) the device is sealed by the testing officer 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; and (d) the testing officer keeps full and accurate records of all devices sealed, including— (i) the identification number of each device; and (ii) the date on which the test was carried out; and (iii) the manner in which the device was sealed; and (e) the records in paragraph (d) are signed by the testing officer who sealed the device. 308. Use of digitectors A digitector is used in the prescribed manner for the purposes of sections 79 of the Act if— (a) the two vehicle detectors which form part of the digitector are, when used with the time r. 307 -- 18 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 16 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 306 or the corresponding previous regulation within a period of two years before the occasion of its use; and (c) the digitector has been sealed in accordance with regulation 307 or the corresponding previous regulation. 309. 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 306 or the corresponding previous regulation within 12 months before the occasion of its use; and (d) the device has been sealed in accordance with regulation 307 or the corresponding previous regulation. 310. Use of radar devices r. 309 -- 19 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 17 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 a reading of (888) is displayed on the digital 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 and the Kustom Falcon, 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 (d) in the case of the Kustom KR-10SP, 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 speed display; and (e) the device has been tested in accordance with regulation 306 or the corresponding previous regulation within 12 months before the occasion of its use; and (f) the device has been sealed in accordance with regulation 307 or the corresponding previous regulation. 311. Certificate as to testing and sealing of speed measuring devices (1) For the purposes of section 83 of the Act, a certificate in relation to the testing and sealing of a speed measuring device is in the prescribed form if it is in the form set out in Schedule 2. r. 311 -- 20 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 18 (2) A testing officer is authorised to sign a certificate referred to in sub-regulation (1). 312. Interference with speed measuring device A person must not, without proper authority, wilfully interfere with the time measuring or speed computing components of a speed measuring device or any seal affixed to such a device. Penalty: 5 penalty units. _______________ r. 312 -- 21 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 19 PART 4—EVIDENCE RELATING TO MASS OF VEHICLES Division 1—Portable weighing devices 401. Prescribed portable weighing devices A portable weighing device is a prescribed device for the purposes of section 82 of the Act. 402. 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) the Engineering Department is satisfied that the device operates within the limits of error in regulation 403; 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; and (d) the Engineering Department keeps full and accurate records of all portable weighing devices tested, including— (i) the identification number of each device; and r. 401 -- 22 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 20 (ii) the date on which the test was carried out; and (iii) the results of the test; and (e) the records of the test are signed by the person in the Engineering Department who carried out the test. (2) A portable weighing device must be tested by the Engineering Department— (a) before it is first used; and (b) at least once every 12 months after it is first used. 403. 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. 404. 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 402 and 403 and the device has satisfied the test requirements; and (b) the device is sealed by the person in the Engineering Department 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; and r. 403 -- 23 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 21 (d) the Engineering Department keeps full and accurate records of all portable weighing devices sealed, including— (i) the identification number of each device sealed; and (ii) the date on which the device was sealed; and (iii) the manner in which the device was sealed; and (e) the records in paragraph (d) are signed by the person in the Engineering Department who sealed the device. (2) 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 402 and sealed again in accordance with this regulation. 405. 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 two 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 r. 405 -- 24 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 22 the sum of the readings of each of the devices less the deductions specified by the National Association of Australian State Road Authorities in its "Guidelines for weighing of vehicles" for the type of device, site condition and method of weighing used; and (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 less the deductions specified by the National Association of Australian State Road Authorities in its "Guidelines for weighing of vehicles" for the type of device, site condition and method of weighing used. 406. Certificate of 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 2. (2) A person in the Engineering Department who tests and seals portable weighing devices is authorised to sign a certificate for the purposes of section 83 of the Act. 407. Interference with portable weighing device A person must not, without proper authority, wilfully interfere with the mechanism or circuitry of a portable weighing device or the seal affixed to such a device. r. 406 r. 407 -- 25 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 23 Penalty: 5 penalty units. Division 2—Dynamic axle weighing devices 408. Prescribed dynamic axle weighing devices A dynamic axle weighing device is a prescribed device for the purposes of section 82 of the Act. 409. Testing of dynamic axle weighing devices For the purposes of section 82 of the Act, a dynamic axle weighing device is tested in the prescribed manner if— (a) the testing authority is satisfied that the dynamic axle weighing device is properly operating and is in a satisfactory condition and, in particular, that any maintenance carried out on the device has been carried out in a satisfactory manner; and (b) the testing authority is satisfied that the device operates within the limits of error in regulation 410; (c) the testing authority keeps full and accurate records of all dynamic axle weighing devices tested, including— (i) the identification number of each device; and (ii) the date on which the test was carried out; and (iii) the results of the test; and (d) the records in paragraph (c) are signed by the testing authority that, or a person authorised by the testing authority who, carried out the test. 410. Prescribed limits of error for dynamic axle weighing devices r. 410 -- 26 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 24 The prescribed limits of error for a dynamic axle weighing device for the purposes of section 82 of the Act are the administrative tolerances specified by the National Association of Australian State Road Authorities in its "Guidelines for weighing of vehicles". 411. Use of dynamic axle weighing devices A dynamic axle weighing device is used in the prescribed manner for the purposes of section 82 of the Act if— (a) the device is used by a person who is a member of the police force or an authorised officer of the Corporation; and (b) the device has been tested by a testing authority within the preceding 12 months; and (c) the fixed parts of the device have been installed or re-installed to the satisfaction of an authorised officer of the Corporation; and (d) a licensed surveyor or registered surveyor (within the meaning of the Surveyors Act 1978) has— (i) in the preceding 12 months, issued a certificate that the weighing platform and approaches meet the applicable standards published by Corporation in the Government Gazette from time to time; or (ii) if the weighing platform approaches have been altered or re-installed, re-surveyed the weighing platform and approaches and issued a certificate referred to in sub-regulation (i) after the completion of the alteration or the re-installation. -- 27 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 25 412. Certificate of testing dynamic axle weighing devices (1) For the purposes of section 83 of the Act, a certificate in relation to the testing of a dynamic axle weighing device is in the prescribed form if it is in the form set out in Schedule 2. (2) A testing authority, or a person authorised by a testing authority, is authorised to sign a certificate referred to in sub-regulation (1). 413. Interference with dynamic axle weighing devices A person must not, without proper authority, wilfully interfere with the mechanism or circuitry of a dynamic axle weighing device. Penalty: 5 penalty units. _______________ r. 412 -- 28 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 26 PART 5—PARKING INFRINGEMENTS 501. Service of parking infringement notices (1) For the purposes of section 87 of the Act, a parking infringement notice may be served— (a) by giving the notice personally to the person who appears to have committed the infringement or any person who is driving or appears to be in charge of the vehicle; or (b) by fixing or securing the notice to the vehicle as set out in sub-regulation (2); or (c) by serving the notice on the registered operator of the vehicle in accordance with section 93 of the Act. (2) If a parking infringement notice is served by fixing or placing the notice on a vehicle, the notice must be fixed 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. 502. Prescribed particulars of parking infringement notice For the purposes of section 87(2) of the Act, the prescribed particulars of a parking infringement notice are— (a) the date on which the notice is issued; (b) the number of the notice; (c) the name and address (if known) of the person alleged to have committed the infringement or the words "The Owner"; and r. 501 -- 29 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 27 (d) the date, time and place of the alleged parking infringement; (e) the registered number or other identification of the vehicle involved in the parking infringement; (f) the nature, and a brief description, of the alleged parking infringement; (g) the infringement penalty for the alleged parking infringement; (h) a statement as to the manner in which the infringement penalty may be paid; (i) a statement as to the time (not being less than 28 days after the date on which the notice is served) within which the penalty must be paid; (j) a statement that if the amount of the infringement penalty is paid before the end of the time specified in the notice, the matter will not be brought before the Magistrates' Court; (k) a statement that if the amount 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. _______________ r. 502 -- 30 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 28 PART 6—TRAFFIC INFRINGEMENTS 601. Prescribed traffic infringements For the purposes of the definition of "traffic infringement" in section 3 of the Act, an offence set out in Schedule 4 is a prescribed offence for the purposes of Part 7 of the Act. 602. Service of traffic infringement notices A traffic infringement notice must be served in accordance with section 93 of the Act. 603. Prescribed particulars of traffic infringement notice (1) For the purposes of section 88(2) of the Act, the prescribed particulars of a traffic infringement notice are— (a) the date on which the notice is issued; (b) the number of the notice; (c) the name and address of the person alleged to have committed the infringement or, if the notice is issued in respect of an offence referred to in regulation 301, the words "The Owner"; and (d) the date, approximate time and place of the alleged traffic infringement; (e) if the alleged traffic infringement arises out of driving or being in charge of a motor vehicle or trailer, the registered number or other identification of the motor vehicle or trailer; (f) if the traffic infringement notice relates to an alleged offence prescribed by regulation 301, it states that it is an infringement notice in relation to an offence detected by an automatic detection device; and r. 601 -- 31 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 29 (g) if the traffic infringement notice relates to an alleged drink-driving infringement or excessive speed infringement— (i) it states that it is issued in respect of a drink-driving infringement or excessive speed infringement (as the case requires); (ii) it states that unless a notice of objection is received at the address specified in the notice within 28 days after service 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; (iii) in the case of an alleged drink-driving infringement, it specifies the concentration of alcohol alleged to have been present in the blood of the person on whom it is served; (iv) in the case of an alleged excessive speed infringement, it specifies the speed at which the motor vehicle is alleged to have been driven and the permitted speed; (h) the nature, and a brief description, of the alleged traffic infringement; (i) the infringement penalty for the alleged traffic infringement; (j) the manner in which the infringement penalty may be paid; (k) the time within which the infringement penalty may be paid; (l) a statement that if the infringement penalty is paid before the end of the time specified in r. 603 -- 32 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 30 the notice, the matter will not be brought before the Magistrates' Court unless the notice is withdrawn within 28 days after the date on which it was served; (m) the name and location of the member of the police force, officer of the Corporation, officer of the Department of Infrastructure or other person authorised in accordance with section 88(1) of the Act who issued the notice; (n) if the notice is issued in respect of an offence prescribed in regulation 301, a statement that a copy of the image or message produced by an automatic detection device of the alleged traffic infringement may be inspected or purchased and the manner in which the inspection or purchase may be arranged; (o) if the notice is issued in respect of a drink- 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. (2) An infringement notice issued in respect of a drink 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. 604. Payment of penalty r. 603 r. 604 -- 33 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 31 Payment of a penalty under section 89(3), 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. 605. Withdrawal of traffic infringement notice For the purposes of sections 88(3) and 89A(7) of the Act, a notice of withdrawal of a traffic infringement notice— (a) must be served in accordance with section 93 of the Act; and (b) must contain the following prescribed 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 may 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. 606. Proof of prior convictions or findings of guilt r. 606 -- 34 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 32 (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 prescribed 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, the court that convicted the person or found the person guilty, the date of the alleged conviction or finding of guilt, a short description of the alleged offence and a short description of the alleged penalty imposed. (2) A notice endorsed on a document referred to in sub-regulation (1) must, for the purpose of section 90(2) of the Act, contain 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. _______________ -- 35 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 33 PART 7—APPLICATION OF THE ACT TO PUBLIC AUTHORITIES 701. 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) the Melbourne Water Corporation constituted under the Melbourne Water Corporation Act 1992; (c) Melbourne Parks and Water Ways established under Part 4 of the Water Industry Act 1994; (d) the Melbourne Port Corporation established under the Port Services Act 1995; (e) the Gippsland and Southern Rural Water Authority, the Goulbourn-Murray Rural Water Authority, the Sunraysia Rural Water Authority and the Wimmera-Mallee Rural Water Authority; (f) a Board established under Part 4 of the Alpine Resorts (Management) Act 1997; (g) the Secretary to the Department of Natural Resources and Environment; (h) the Minister administering Part 7B of the Financial Management Act 1994; (i) the Director of National Parks. r. 701 -- 36 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 34 702. 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 Public Transport Corporation established under Part II of the Transport Act 1983; (c) Melbourne Parks and Waterways established under Part 4 of the Water Industry Act 1994; (d) a Board established under Part 4 of the Alpine Resorts (Management) Act 1997; (e) the board of a public hospital or denominational hospital within the meaning of the Health Services Act 1988; (f) the council of a university established by or under any Act; (g) a council incorporated under the Tertiary Education Act 1993 or the council or governing body of an institution mentioned in Schedule 2 to that Act or in Schedule 1 to the Vocational Education and Training Act 1990; (h) a committee of management appointed under the Crown Land (Reserves) Act 1978; (i) the Secretary to the Department of Infrastructure; (j) an authorised officer for the purposes of the Land Act 1958; (k) an officer of the Marine Board of Victoria appointed under Part 8 of the Marine Act 1988. 703. Appropriation of fines r. 702 r. 703 -- 37 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 35 For the purposes of section 77(5) of the Act— (a) a public authority or person mentioned in Column 1 of Schedule 5 is a prescribed public authority or person; and (b) a fund described in Column 2 of Schedule 5 is a prescribed fund in respect of the corresponding public authority or person in Column 1; and (c) an offence is a prescribed offence if it is committed on land or premises which are vested in or under the control of the public authority or person concerned and is— (i) an offence under the Road Safety (Traffic) Regulations 1988; or (ii) 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 (iii) an offence under Part 2 or 5 of the Road Safety (Drivers) Regulations 1999. 704. Extension of the Act by the Minister The following persons and public authorities are prescribed for the purposes of section 98(1) of the Act— (a) the Corporation; (b) the Public Transport Corporation established under Part II of the Transport Act 1983; (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; -- 38 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 36 (e) the Gippsland and Southern Rural Water Authority, the Goulbourn-Murray Rural Water Authority, the Sunraysia Rural Water Authority and the Wimmera-Mallee Rural Water Authority; (f) Melbourne Parks and Waterways established under Part 4 of the Water Industry Act 1994; (g) the Melbourne Port Corporation established under the Port Services Act 1995; (h) the council of a university established by or under any Act; (i) a council incorporated under the Tertiary Education Act 1993 or the council or governing body of an institution mentioned in Schedule 2 to that Act or in Schedule 1 to the Vocational Education and Training Act 1990; (j) a committee of management appointed under the Crown Land (Reserves) Act 1978; (k) a Board established under Part 4 of the Alpine Resorts (Management) Act 1997; (l) the board of a public hospital or denominational hospital within the meaning of the Health Services Act 1988; (m) the House Committee within the meaning of the Parliamentary Committees Act 1968; (n) the Secretary to the Department of Natural Resources and Environment; (o) the Director of National Parks; (p) an officer of the Marine Board of Victoria appointed under Part 8 of the Marine Act 1988. r. 704 -- 39 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 37 _______________ r. 704 -- 40 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 38 PART 8—SAVINGS AND TRANSITIONALS 801. Infringement notices issued under 1988 Regulations (1) If a traffic infringement is committed before the commencement of these Regulations against the Road Safety (Procedures) Regulations 1988 or the Road Safety (Vehicles) Regulations 1988— (a) in the case of a traffic infringement under Schedule 6 to the Road Safety (Procedures) Regulations 1988 that has not been re- enacted under Schedule 4 of these Regulations, the traffic infringement continues to be a traffic infringement under Schedule 6 of the Road Safety (Procedures) Regulations 1988 and a traffic infringement notice for that infringement may be issued or served in accordance with those Regulations as if they had not been revoked; (b) in the case of a traffic infringement under Schedule 6 to the Road Safety (Procedures) Regulations 1988 that has been re-enacted under Schedule 4 of these Regulations, the traffic infringement is to be taken to be a traffic infringement under Schedule 4 of these Regulations with the corresponding code, description of offence and penalty under Schedule 4 and a traffic infringement notice for that infringement may be issued or served in accordance with these Regulations. (2) The revocation by these Regulations of the Road Safety (Procedures) Regulations 1988 and the Road Safety (Vehicles) Regulations 1988 does not affect— (a) a parking infringement notice or a traffic infringement notice issued or served in r. 801 -- 41 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 39 accordance with those Regulations before the commencement of these Regulations; or (b) a traffic infringement notice issued or served in accordance with those Regulations after the commencement of these Regulations for an infringement under sub-regulation (1)(a). (3) Without limiting sub-regulation (2)— (a) a notice referred to in that sub-regulation may be withdrawn; and (b) the penalty shown on it is payable; and (c) the procedures set out in Schedule 7 to the Magistrates' Court Act 1989 may be used for the enforcement of the amount payable— as if the Road Safety (Procedures) Regulations 1988 had not been revoked. (4) This Regulation does not affect or take away from the Interpretation of Legislation Act 1984. __________________ r. 801 -- 42 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 40 SCHEDULES SCHEDULE 1 Regulation 104 REVOKED REGULATIONS Road Safety (Procedures) Regulations 1988, S.R. No. 28/1988 Road Safety (Procedures) (Amendment) Regulations 1988, S.R. No. 90/1988 Road Safety (Procedures) (Fee Amendment) Regulations 1989, S.R. No. 9/1989 Road Safety (Procedures) (Amendment No. 3) Regulations 1989, S.R. No. 119/1989 Road Safety (Procedures) (Infringements) Regulations 1989, S.R. No. 245/1989 Road Safety (Procedures) (Demerit Points) Regulations 1989, S.R. No. 267/1989 Road Safety (Procedures) (Defence Personnel) Regulations 1989, S.R. No. 271/1989 Road Safety (Procedures) (Speed Cameras) Regulations 1989, S.R. No. 325/1989 Road Safety (Procedures) (Fees) Regulations 1990, S.R. No. 6/1990 Road Safety (Procedures) (Suspension of Licences) Regulations 1990, S.R. No. 13/1990 Road Safety (Procedures) (Relicensing) Regulations 1990, S.R. No. 73/1990 Road Safety (Bicycle Helmets) Regulations 1990, S.R. No. 122/1990 Road Safety (Procedures) (Detection Devices) Regulations 1990, S.R. No. 152/1990 Road Safety (Procedures) (Graduated Licences) Regulations 1990, S.R. No. 173/1990 Road Safety (Procedures) (Parking Fines) Regulations 1990, S.R. No. 274/1990 Road Safety (Procedures) (Fees and Licences) Regulations 1990, S.R. No. 320/1990 Road Safety (Side Projection) Regulations 1990, S.R. No. 339/1990 Road Safety (Procedures) (Portable Weighing Devices) Regulations 1990, S.R. No. 353/1990 Road Safety (Disabled Persons) Regulations 1990, S.R. No. 394/1990 Road Safety (Procedures) (Consequential Amendments) Regulations 1990, S.R. No. 395/1990 Road Safety (Large Vehicles) Regulations 1990, S.R. No. 396/1990 Road Safety (Procedures) (Learner Permit) Regulations 1990, S.R. No. 398/1990 Road Safety (Procedures) (Traffic Infringement Penalties) Regulations 1991, S.R. No. 138/1991 Sch. 1 -- 43 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 41 Road Safety (Traffic) (Disabled Parking Conditions) Regulations 1991, S.R. No. 161/1991 Road Safety (Procedures) (Fees) Regulations 1991, S.R. No. 234/1991 Road Safety (Procedures) (Single Licence) Regulations 1991, S.R. No. 326/1991 Road Safety (Procedures) (TAFE Parking) Regulations 1992, S.R. No. 10/1992 Road Safety (Procedures) (Licence Variation) Regulations 1992, S.R. No. 223/1992 Road Safety (Procedures) (Fees) Regulations 1993, S.R. No. 2/1993 Road Safety (Procedures) (Speed Penalties) Regulations 1993, S.R. No. 125/1993 Road Safety (Procedures) (Testing Officers) Regulations 1993, S.R. No. 141/1993 Road Safety (Procedures) (Licence Restriction) Regulations 1993, S.R. No. 144/1993 Road Safety (Procedures) (Motor Cycles) Regulations 1993, S.R. No. 158/1993 Road Safety (Procedures) (Speed Measuring Devices) Regulations 1993, S.R. No. 233/1993 Road Safety (Consequential Amendments) Regulations 1993, S.R. No. 264/1993 Road Safety (Procedures) (Infringements) Regulations 1993, S.R. No. 267/1993 Road Safety (Procedures) (Driver Testing) Regulations 1994, S.R. No. 11/1994 Road Safety (Procedures) (Fees) Regulations 1994, S.R. No. 23/1994 Road Safety (Procedures) (Breath and Blood Tests) Regulations 1994, S.R. No. 110/1994 Road Safety (Procedures) (Infringements) Regulations 1994, S.R. No. 127/1994 Road Safety (Procedures) (Learner Permit) Regulations 1994, S.R. No. 178/1994 Road Safety (Procedures) (Exemption) Regulations 1995, S.R. No. 43/1995 Road Safety (Procedures) (Amendment) Regulations 1995, S.R. No. 60/1995 Road Safety (Procedures) (Infringements) Regulations 1995, S.R. No. 98/1995 Road Safety (Procedures) (Licence Classifications) Regulations 1995, S.R. No. 115/1995 Road Safety (Procedures) (Interstate Licences) Regulations 1995, S.R. No. 128/1995 Road Safety (Procedures) (Digitised Images) Regulations 1995, S.R. No. 142/1995 Road Safety (Procedures) (Towing Infringements) Regulations 1995, S.R. No. 154/1995 Road Safety (Procedures) (Miscellaneous) Regulations 1995, S.R. No. 193/1995 Road Safety (Procedures) (Demerit Points) Regulations 1996, S.R. No. 5/1996 Road Safety (Procedures) (Driving Hours) Regulations 1996, S.R. No. 17/1996 Road Safety (Bicycle Carriers) Regulations 1996, S.R. No. 63/1996 Road Safety (Procedures) (Probationary Licence) Regulations 1996, S.R. No. 69/1996 Sch. 1 -- 44 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 42 Road Safety (Procedures) (Sign Penalties) Regulations 1996, S.R. No. 83/1996 Road Safety (Procedures) (Laser Speed Measuring Devices) Regulations 1996, S.R. No. 89/1996 Road Safety (Procedures) (Taxi-Cabs) Regulations 1996, S.R. No. 102/1996 Road Safety (Procedures) (Parking Penalties) Regulations 1996, S.R. No. 104/1996 Road Safety (Procedures) (Preliminary Breath Test Devices) Regulations 1997, S.R. No. 21/1997 Road Safety (Procedures) (Amendment) Regulations 1998, S.R. No. 35/1998 Road Safety (Procedures) (Unlicensed Driving) Regulations 1998, S.R. No. 58/1998 Road Safety (Procedures) (Driving Hours) Regulations 1998, S.R. No. 104/1998 Road Safety (Procedures) (Fatigue Management) Regulations 1998, S.R. No. 116/1998 Road Safety (Procedures) (Infringements) Regulations 1998, S.R. No. 169/1998 _______________ Sch. 1 -- 45 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 43 SCHEDULE 2 Regulations 311, 406, 412 CERTIFICATE UNDER SECTION 83 The *speed camera/*digitector/*radar device/*laser device/*portable weighing device/*dynamic axle weighing device (No. ) was tested in accordance with the Road Safety (General) Regulations 1999 on the [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: * Strike out whichever is not applicable. _______________ Sch. 2 -- 46 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 44 SCHEDULE 3 Regulation 105 PARKING INFRINGEMENTS 1. In this Schedule— (a) expressions used in this Schedule that are defined in regulation 105 of the Road Safety (Traffic) Regulations 1988 have the same meanings in this Schedule as in those Regulations; (b) "double-parked", in relation to a vehicle, means standing so that any portion of the vehicle is between the centre of a road and any other vehicle standing on the road; (c) "parking infringement" does not include a parking infringement constituted by a contravention of section 90E of the Act. 2. A $20 infringement penalty is prescribed for parking infringements arising from the presence of a vehicle in a parking area— (a) at an expired meter; or (b) without payment of the appropriate parking fee; or (c) for a longer period than that fixed in relation to the vehicle and the parking area concerned; or (d) not within or wholly within a parking bay; or (e) contrary to any other requirement applicable to the parking area— unless— (f) the parking infringement contravenes a regulation or local law under the Local Government Act 1989 and a different penalty has been fixed under section 87(4) of the Road Safety Act 1986 by the municipal council concerned; or (g) clause 4 or 5 of this Schedule applies to the parking infringement. 3. A $20 infringement penalty is prescribed for parking infringements arising from the presence of a vehicle in a no-parking area unless— (a) the parking infringement contravenes a regulation or local law under the Local Government Act 1989 and a different penalty has been fixed under section 87(4) of the Road Safety Act 1986 by the municipal council concerned; or (b) clause 4 or 5 of this Schedule applies to the infringement. Sch. 3 -- 47 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 45 4. A $60 infringement penalty is prescribed for parking infringements arising from the presence of a vehicle— (a) in such a position that it is double-parked; or (b) in a standing control zone; or (c) not parallel to the boundary of the road concerned; or (d) too far from the boundary of the road concerned; or (e) causing undue obstruction; or (f) in front of a private drive; or (g) on a footway or reservation; or (h) opposite double lines; or (i) within 1 metre of a fire hydrant or plug; or (j) within 3 metres of an Australia Post pillar box; or (k) within 9 metres of— (i) the departure side of a bus stop; or (ii) traffic lights not at an intersection; or (l) within 18 metres of the approach side of— (i) traffic lights at an intersection; or (ii) a bus stop; or (m) contrary to any other requirement applicable to the vehicle or its position, other than a requirement applicable to a parking area— unless clause 5 of this Schedule applies to the parking infringement. 5. A $100 penalty is prescribed for parking infringements arising from the presence of a vehicle— (a) on a road which at the time of the infringement is a clearway; or (b) in a no-standing area; or (c) on or within 9 metres of— (i) a pedestrian crossing; or (ii) an intersection; or (iii) the approach side of a tram stop; or (d) on or within 18 metres of a school crossing; or (e) in a place reserved for vehicles displaying a disabled person's parking permit if— Sch. 3 -- 48 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 46 (i) there is not displayed in the vehicle in accordance with the Code for the Disabled Persons Parking Scheme a valid disabled person's parking permit; or (ii) the vehicle is not parked in accordance with the conditions of use of that permit; or (iii) the vehicle is not a taxi-cab which is engaged in taking up or setting down a person who holds a multi purpose taxi card issued by the Corporation; or (iv) the driver fails to move the vehicle when required to do so under regulation 207(b) of the Road Safety (Traffic) Regulations 1988; or (f) within an intersection. _______________ Sch. 3 -- 49 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 47 SCHEDULE 4 Regulation 105 TRAFFIC INFRINGEMENTS RSA—Road Safety Act 1986; RS (D) R—Road Safety (Drivers) Regulations 1999; RS (T) R—Road Safety (Traffic) Regulations 1988; RS (V) R—Road Safety (Vehicles) Regulations 1999; TA—Transport Act 1983; T (TT) R—Transport (Tow Truck) Regulations 1994; T (PV) R—Transport (Passenger Vehicles) Regulations 1994; T (T-C) R—Transport (Taxi-Cabs) Regulations 1994. Code Offence Reference Penalty $ Large Vehicles 1901 Exceed speed limit by 15 km/h or less in large vehicle RS (T) R 1001 140 1902 Exceed speed limit by more than 15 km/h but less than 30 km/h in large vehicle RS (T) R 1001 220 1903 Exceed speed limit by 30 km/h or more but less than 40 km/h in large vehicle RS (T) R 1001 450 1904 Exceed speed limit by 40 km/h or more but less than 45 km/h in large vehicle RS (T) R 1001 450 1905 Exceed speed limit by 45 km/h or more but less than 50 km/h in large vehicle RS (T) R 1001 900 1906 Exceed speed limit by 50 km/h or more in large vehicle RS (T) R 1001 900 1907 Follow too closely in long vehicle RS (T) R 510 205 1908 Use unsafe large vehicle or one that has been modified or does not comply with the Standards for Registration RS (V) R 819(1), (3), 820(1), RS (T) R 1601 325 Sch. 4 -- 50 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 48 Code Offence Reference Penalty $ Speeding 2001 Exceed speed limit in a vehicle other than a large vehicle by more than 15 km/h but less than 30 km/h in a zone other than a 110 km/h zone RS (T) R 1001 165 2002 Exceed speed limit in a vehicle other than a large vehicle by 15 km/h or less RS (T) R 1001 105 2003 Exceed speed limit in a vehicle other than a large vehicle by 30 km/h or more but less than 40 km/h RS (T) R 1001 220 2004 Exceed speed limit in a vehicle other than a large vehicle by 20 km/h or more but less than 30 km/h in a 110 km/h zone RS (T) R 1001 165 2005 Exceed speed limit in a vehicle other than a large vehicle by 40 km/h or more but less than 45 km/h RS (T) R 1001 300 2006 Exceed speed limit in a vehicle other than a large vehicle by 45 km/h or more but less than 50 km/h RS (T) R 1001 300 2007 Exceed speed limit in a vehicle other than a large vehicle by 50 km/h or more RS (T) R 1001 360 2008 Exceed speed limit in a vehicle other than a large vehicle by more than 15 km/h but less than 20 km/h in a 110 km/h zone RS (T) R 1001 165 Failing to Give Way 2011 Fail to give way to a pedestrian RS (T) R 701(2), 706, 707(1), 603(1)(b), (4) 165 2012 Fail to give way at intersection RS (T) R 602(3), (7), 603(3) 165 2013 Fail to give way not at intersection RS (T) R 511(b), 604(1), (4), 606 165 Code Offence Reference Penalty Sch. 4 -- 51 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 49 $ 2014 Fail to yield right of way to police vehicle or emergency vehicle RS (T) R 605 165 Failing to Stop 2021 Fail to stop or remain stationary at school crossing RS (T) R 702(2) 165 2022 Pass stationary vehicle at school crossing or pedestrian crossing RS (T) R 701(3), 702(4) 165 2023 Pass stationary tram RS (T) R 1401, 1402 165 2024 Fail to stop and remain stationary at level crossing RS (T) R 901 165 Keeping Left and Diverging 2031 Fail to keep left of oncoming vehicle RS (T) R 504 165 2032 Drive on wrong side of divided highway RS (T) R 511(a) 165 2033 Drive on or over or to the right of double lines RS (T) R 509 165 2034 Fail to keep left of safety zone RS (T) R 1403(1), (2) 135 2035 Fail to keep left of centre RS (T) R 512 135 2036 Drive in centre lane of 3 or 5 lane road RS (T) R 503(1) 105 2037 Fail to keep as far left as practicable RS (T) R 501(1), (2) 105 2038 Fail to stay within lane markings RS (T) R 507(1) 105 2039 Diverge when unsafe RS (T) R 507(2) 135 Overtaking 2041 Pass to right of tram RS (T) R 502(2) 165 2042 Pass to right of right turning vehicle RS (T) R 502(3) 165 2043 Overtake vehicle on left or at unsafe distance RS (T) R 502(1), (5) 165 Code Offence Reference Penalty $ Sch. 4 Sch. 4 -- 52 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 50 2044 Increase speed or fail to move to the left when being overtaken RS (T) R 505 165 Signalling 2051 Fail to give signal RS (T) R 803 105 2052 Fail to cancel/incorrectly operate signal RS (T) R 804 105 Turning 2061 Perform unsafe U turn RS (T) R 603(1)(a), (2) 105 2062 Make incorrect left or right turn RS (T) R 801, 802(1), (2), (4), 805(2) 75 Lighting 2071 Fail to have headlights and tail lights on at night RS (V) R 811(1), (2), 812(1), (2) 135 2072 Fail to have prescribed lights other than headlights and tail lights on at night RS (V) R 813(1), (2), (3), 814(1), (2), 815(1), (2), RS (T) R 1203(2) 105 2073 Fail to dip headlights RS (T) R 1202 135 Safety Procedures 2078 Use hand held communication equipment while driving RS (T) R 1505 135 2081 Passenger under 18 not restrained in front seat RS (T) R 1507 165 2082 Passenger under 18 not restrained in rear seat where restraint available RS (T) R 1507 165 2085 Ride motor cycle without helmet or with passenger without helmet RS (T) R 1503(5) 135 Code Offence Reference Penalty $ 2086 Ride motor cycle carrying a passenger RSA 18(1)(b) 105 Sch. 4 -- 53 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 51 when licensed for less than 12 months where the licence condition referred to is condition E, para. (b) in the Table in RS (D) R 207 and refers to riding a motor cycle on which there is a pillion passenger 2088 Fail to have full control, uninterrupted view or at least one hand on handlebars RS (T) R 1502(1), (3) 135 2089 Open door or alight from vehicle to impede traffic or endanger persons RS (T) R 1608 75 2090 Drive or travel with any part of body protruding RS (T) R 1503(1) 75 2091 Fail to wear properly fastened and adjusted seat belt (driver) RS (T) R 1506 135 2092 Fail to wear properly fastened and adjusted seat belt (passenger) RS (T) R 1506 135 Drink Driving 2093 Drive or be in charge of motor vehicle with unlawful blood alcohol level of 0.05 g/100 ml or less RSA 49 240 2094 Drive or be in charge of motor vehicle with blood alcohol level of more than 0·05 but less than 0·10 g/100 ml RSA 49 300 2095 Drive or be in charge of motor vehicle with blood alcohol level of 0·10 or more but less than 0·11 g/100 ml RSA 49 420 2096 Drive or be in charge of motor vehicle with blood alcohol level of 0·11 or more but less than 0·12 g/100 ml RSA 49 420 Code Offence Reference Penalty $ 2097 Drive or be in charge of motor vehicle with blood alcohol level of 0·12 or more but less than 0·13 g/100 ml RSA 49 420 Sch. 4 -- 54 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 52 2098 Drive or be in charge of motor vehicle with blood alcohol level of 0·13 or more but less than 0·14 g/100 ml RSA 49 420 2099 Drive or be in charge of motor vehicle with blood alcohol level of 0·14 or more but less than 0·15 g/100 ml RSA 49 420 Signals 2101 Fail to obey traffic control signal RS (T) R 401(1) 165 Licensing and Registration 2104 Fail to surrender licence or learner permit when required RS (D) R 204(1), 304(4) 105 2105 Unlicensed driving by the holder of a licence or permit issued in Australia (other than Victoria) or another country that is appropriate for the vehicle being driven but the holder has resided continuously in Victoria for 3 or more months immediately before the time of driving. RSA 18 250 2106 Unlicensed driving in the circumstances set out in paragraphs (a) and (b) of section 18(2), namely when a previous licence or International Driving Permit has expired and the licence has not been cancelled for an offence. RSA 18 250 2107 Unlicensed driving in circumstances other than those referred to in codes 2105 and 2106. RSA 18 500 2108 Fail to produce licence, learner permit or drivers certificate on request or within 7 days RSA 59(1)(a), (3), TA 216 50 Code Offence Reference Penalty $ 2109 Probationary driver failing to have licence in his or her possession while driving or in charge of a motor vehicle RSA 21 50 2110 Holder of a probationary driver licence RS (D) R 211(1) 105 Sch. 4 -- 55 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 53 driving a high powered motor vehicle before probationary period expired 2111 Fail to obey licence condition other than a condition referred to in Code 2086 RSA 18 105 2112 Fail to display 'L' plates when required RS (D) R 213(1) 105 2114 Display 'P' plates when not required RS (D) R 217(2) 50 2115 Display 'L' plates when not required RS (D) R 213(3) 50 2116 Fail to notify Corporation of change of name or address RS (V) R 225(1), RS(D) R 225(1) 50 2117 Use unregistered vehicle RSA 7 110 2118 Number plate not fixed in accordance with regulations or altered or false RS (V) R 222(6), 801 110 2119 Registration label not fixed in accordance with regulations RS (V) R 223(7), 801 50 2120 Fail to return number plates RS (V) R 227(9), 246(4) 50 2121 Fail to comply with transfer requirements—non dealer RS (V) R 229(1) 75 2122 Fail to comply with repossession or restoration requirements RS (V) R 231(1) 75 2123 Fail to comply with transfer requirements—dealer RS (V) R 229(1), (2), (3) 145 2124 Own or use unregistered motor cycle or trailer RSA 7 110 2125 Own or use unregistered motor vehicle with 2 axles (other than a motor cycle) RSA 7 500 2126 Own or use unregistered motor vehicle with 3 axles RSA 7 700 Code Offence Reference Penalty $ 2127 Own or use unregistered motor vehicle with 4 axles RSA 7 800 2128 Own or use unregistered motor vehicle with 5 or more axles RSA 7 900 Miscellaneous Sch. 4 -- 56 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 54 2131 Reverse from centre parking area RS (T) R 604(2) 105 2132 Reverse when unsafe RS (T) R 1603(a) 105 2133 Drive motor vehicle on footway, bicycle path or reservation RS (T) R 1604 75 2134 Place or leave dangerous substance on highway RS (T) R 1609 135 2135 Leave motor vehicle unattended with keys in ignition, brake not secured, wheels not turned in or motor running RS (T) R 1602 75 2136 Follow too closely in a vehicle other than a long vehicle RS (T) R 510 135 2137 Fail to obey traffic instruction of member of the police force or authorised officer of Roads Corporation RS (T) R 202 135 2138 Fail to keep left of tram-lane line RS (T) R 508 75 2139 Enter a blocked intersection or one that is likely to become blocked RS (T) R 607 75 2140 Impede a tram RS (T) R 513(1), 602(6), 802(4) 75 2141 Drive unlawfully in bus, transit, bicycle or truck lane RS (T) R 514, 515, 516, 517 75 2142 Use or permit use of motor vehicle in breach of vehicle defect notice conditions RS (V) R 702 135 2143 Use unsafe vehicle (other than a large vehicle) or use vehicle (other than a large vehicle) that has been modified or does not comply with the Regulations or Standards for Registration RS (V) 417, 418, 419, 819(1), (3), RS (T) R 1601 165 Code Offence Reference Penalty $ 2144 Company failing to disclose identity of driver when required RSA 60 600 2145 Remove or deface defective vehicle label RS (V) R 703(7) 165 2146 Drive with empty bicycle carrier RS (T) R 1208 50 Sch. 4 -- 57 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 55 2166 Insecure load RS (V) R 802(1) 135 Heavy Vehicles 2161 Fail to carry, use or permit inspection of portable warning signs RS (T) R 1205 105 Commercial Vehicles 2162 Fail to observe limit on hours of driving RS (D) R 505, 506, 508 165 2163 Driving record offences —fail to make and carry RS (D) R 510(1) 165 —fail to carry RS (D) R 510(2), (3) 165 —deface, destroy or alter log book RS (D) R 514(a), (b) 165 —remove page from log book RS (D) R 514(c) 165 —possess log book not issued to person RS (D) R 516(1)(c)(ii) 165 —possess more than one log book RS (D) R 516(1)(d) 165 —fail to produce on request RSA 59(1)(c) 165 2165 Log book not signed RS (D) R 511(2) 165 2172 Fail to carry and produce documents when required RS (V) R 821 75 Mass and Dimension Limits 2174 Motor vehicle exceeds prescribed mass by up to 1 tonne RS (V) R 417(1), 506(1), 507(3), 508(1), 514(1), 520(1) 145 Code Offence Reference Penalty $ 2175 Motor vehicle exceeds prescribed mass by 1·01 to 2 tonnes RS (V) R 417(1), 506(1), 507(3), 508(1), 514(1), 520(1) 265 2176 Motor vehicle exceeds prescribed mass by 2·01 to 3 tonnes RS (V) R 417(1), 506(1), 507(3), 385 Sch. 4 -- 58 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 56 508(1), 514(1), 520(1) 2177 Motor vehicle exceeds prescribed mass by 3·01 to 4 tonnes RS (V) 417(1), 506(1), 507(3), 508(1), 514(1), 520(1) 505 2178 Use vehicle exceeding permitted dimensions RS (V) R 418(1), 506(2), 514(2), 520(2) 165 Tow Trucks 4400 Tow Truck driver operate flashing light other than at breakdown or accident scene T (TT) R 14 165 4401 Fail to notify licensing authority of change of address T (TT) R 15(1)(c), TA 182C(3)(b) 105 4402 Authority to Tow book not carried T (TT) R 7(1) 165 4403 Fail to enter all particulars on Authority to Tow form T (TT) R 7(2)(b) 165 4404 Fail to hand completed Authority to Tow duplicate to signatory T (TT) R 7(2)(c) 165 4405 Tow truck not fitted with a flashing or rotating light or lights T (TT) R 5(1)(f) 165 4406 Tow truck not fitted with broom, shovel or rubbish receptacle T (TT) R 5(1)(d) 165 4407 Tow truck not equipped with fire extinguisher T (TT) R 5(1)(e) 165 4408 Fail to maintain copies of invoices T (TT) R 8(1)(a) 165 4409 Fail to keep Authority to Tow forms T (TT) R 8(1)(b) 165 Code Offence Reference Penalty $ 4410 Fail to maintain a record of tow truck drivers T (TT) R 8(1)(c) 165 4411 Fail to attend accident within 30 minutes T (TT) R 11(4)(a) 165 4412 Tow truck driver at accident scene unlawfully attending, towing or attempting to tow damaged motor vehicle TA 183B(1) 2000 Sch. 4 -- 59 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 57 4413 Owner of tow truck whose driver at accident scene unlawfully attends, tows or attempts to tow damaged motor vehicle T (TT) R 12(1) 700 4414 Touting or soliciting at accident scene for towing, storing, removal or repair of damaged vehicle TA 177(1), (2), (3) 2000 4415 Fail to produce records on demand T (TT) R 8(3) 165 4416 Drive or travel in tow truck not being the holder of Driver Authority TA 182A(1) 2000 4417 Fail to carry or produce Driver Authority on demand TA 182C(1), (2) 500 4418 Permit person to drive or travel in tow truck not being an Authority holder TA 182A(2), (3) 2000 4419 Unlicensed tow truck TA 172(1), TA 172A(1), TA 172B(1) 2000 4420 Operate heavy tow truck towing damaged motor vehicle under 4·5 tonnes GVM from accident scene TA 172B(3) 2000 4421 Name and address, tare and gross, or depot number not displayed on tow truck T (TT) R 5(2) 165 4422 Fail to tow damaged motor vehicle on request T (TT) R 13(3) 500 4423 Tow motor vehicle to place other than specified in authority to tow form T (TT) R 7(2)(d) 300 Code Offence Reference Penalty $ 4424 Tow truck driver failing to clean roadway T (TT) R 13(1) 165 4425 Attend accident scene outside controlled area without authorisation T (TT) R 12(4) 300 4426 Fail to produce tow truck for inspection T (TT) R 6(2) 165 4427 Use, permit or cause use of tow truck when prohibited by rectification notice T (TT) R 6(5) 135 4428 Fail to operate tow truck from T (TT) R 9(1) 500 Sch. 4 -- 60 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 58 authorised depot Bicycles 2221 Fail to obey traffic instruction given by member of the police force or authorised officer of Roads Corporation RS (T) R 202 20 2222 Fail to obey a traffic control signal RS (T) R 401 20 2223 Fail to obey a traffic sign RS (T) R 402 20 2224 Fail to keep left RS (T) R 501(1), 512 20 2225 Ride over double lines RS (T) R 509 20 2226 Fail to give way RS (T) R 511(b), 602(3), (7), 603, 604, 605, 606, 701(2), 706, 707(1) 20 2227 Fail to give signal when making right turn or U turn RS (T) R 803 20 2228 Fail to have lamps and equipment RS (T) R 1206 20 2229 Riding improperly RS (T) R 1301 20 2230 Misuse bicycle path, segregated footway or shared footway or failure to use bicycle lane RS (T) R 1302 20 2231 Bicycle drawn by other vehicle RS (T) R 1303 20 2232 Ride more than two abreast RS (T) R 1304 20 Code Offence Reference Penalty $ 2233 Fail to wear securely fitted bicycle helmet of approved type RS (T) R 1305 20 2234 Use a bicycle to carry a person who is not wearing a securely fitted bicycle helmet of approved type RS (T) R 1305 20 2235 Ride bicycle on footway or reservation when not permitted RS (T) R 1604 20 Pedestrians 2241 Fail to obey traffic instruction given by a member of the police force or RS (T) R 202 15 Sch. 4 -- 61 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 59 authorised officer of Roads Corporation 2242 Fail to obey traffic control signal RS (T) R 401 15 2243 Walk improperly on road RS (T) R 703(1), 704(1)(a), (b), (d), (f), 705 15 2244 Alight from or board a moving vehicle RS (T) R 704(1)(c) 15 2245 Crossing road within 20 metres of pedestrian crossing RS (T) R 705(4) 15 Taxis 2360 Fail to return licence T (T-C) R 5 100 2361 Uncertificated driving T (T-C) R 6(1) 150 2362 Breach of Certificate condition T (T-C) R 6(3) 100 2363 Fail to sign a Certificate T (T-C) R 6(7) 50 2364 Fail to notify Certificate changes T (T-C) R 6(8) 50 2365 Fail to return Certificate T (T-C) R 6(9) 50 2366 Allow Uncertificated Driving T (T-C) R 7(1) 150 2367 Fail to notify not certificated T (T-C) R 7(3) 150 2368 Fail to have records T (T-C) R 8(1) 100 2369 Fail to retain records T (T-C) R 8(2) 100 2370 Fail to keep records in English T (T-C) R 8(3) 50 2371 Fail to produce records T (T-C) R 8(4) 100 Code Offence Reference Penalty $ 2372 Fail to give accurate copy of records T (T-C) R 8(5) 100 2373 Fail to attach signs to taxi-cab T (T-C) R 9(1) 50 2374 Fit unapproved signs T (T-C) R 9(2) 50 2375 Obscure sign T (T-C) R 9(3) 50 2376 Fit unapproved attachments T (T-C) R 9(4) 50 2377 Fail to comply with vehicle standards T (T-C) R 10(1) 200 2378 Fail to comply with A.D.Rs T (T-C) R 10(2) 200 2379 Unapproved alteration to taxi-cab T (T-C) R 11(1) 200 Sch. 4 -- 62 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 60 2380 Use taxi-cab before inspection T (T-C) R 11(2) 200 2381 Fail to fit emergency warning device T (T-C) R 12(1) 100 2382 Inaccessible activating switch T (T-C) R 12(2) 100 2383 Fit unapproved emergency warning device T (T-C) R 12(4) 100 2384 Fit unapproved protective screen T (T-C) R 13(2) 100 2385 Not displaying required material T (T-C) R 14(1) 100 2386 Unapproved taxi-cab colour T (T-C) R 14(2) 100 2387 Fail to fit roof sign T (T-C) R 15(1) 100 2388 Roof lamp cannot be turned off from inside taxi-cab T (T-C) R 15(2) 100 2389 Fail to turn off lamp when taxi-cab hired T (T-C) R 15(3) 100 2390 Light lamp when unauthorised T (T-C) R 15(4) 100 2391 Fail to fit tariff lamps T (T-C) R 16(1) 100 2392 Unauthorised use of tariff lamps T (T-C) R 16(2) 100 2393 Fail to fit internal lamps T (T-C) R 16(3) 100 2394 Operate taxi-cab when lamps not working T (T-C) R 16(4) 100 2395 Fail to fit 'Not for Hire' sign T (T-C) R 17(1) 100 2396 Fail to display 'Not for Hire' sign T (T-C) R 17(2) 100 Code Offence Reference Penalty $ 2397 Accept hiring when sign displayed T (T-C) R 17(3) 100 2398 Inoperative air-conditioner T (T-C) R 18 100 2399 Fail to produce vehicle for inspection T (T-C) R 19(2) 200 2400 Use taxi-cab when prohibited T (T-C) R 19(5) 200 2401 Fail to produce inspection details T (T-C) R 19(7) 200 2402 Interfere with taxi-cab equipment T (T-C) R 20 150 2403 Fail to carry passenger T (T-C) R 22(1) 100 2404 Fail to fulfil hiring T (T-C) R 22(2) 100 2405 Incorrect route T (T-C) R 22(3) 100 Sch. 4 -- 63 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 61 2406 Fail to take nominated route T (T-C) R 22(4) 100 2408 Absent from taxi-cab T (T-C) R 24 50 2409 Fail to wear uniform T (T-C) R 25(1) 50 2411 Consume alcohol on duty T (T-C) R 26 120 2412 Smoke in a taxi-cab T (T-C) R 27 200 2413 Unauthorised carriage of animals T (T-C) R 28 50 2414 Fail to correctly set down passengers T (T-C) R 29(1) 50 2415 Interfere with traffic T (T-C) R 29(2) 50 2416 Refuse to carry passenger T (T-C) R 30(2) 50 2417 Fail to assist passenger T (T-C) R 31(1) 50 2418 Fail to take care of luggage T (T-C) R 31(2) 50 2419 Fail to give property to driver T (T-C) R 32(1) 50 2420 Fail to give lost property to Police T (T-C) R 32(2) 100 2421 Incorrect use of taxi-stand T (T-C) R 33(2) 50 2422 Try to use fully occupied taxi-stand T (T-C) R 33(3) 50 2423 Improper use of taxi-stand T (T-C) R 33(4) 50 2424 Fail to take next position on taxi-stand T (T-C) R 33(5) 50 2425 Fail to accept hiring T (T-C) R 33(7) 50 2426 Unauthorised fare T (T-C) R 34(1) 100 Code Offence Reference Penalty $ 2427 Overcharging T (T-C) R 34(2) 100 2428 Unauthorised detention rate T (T-C) R 34(4) 100 2429 Fail to wait for passenger T (T-C) R 34(7) 100 2430 Unauthorised multiple-hiring T (T-C) R 34(8) 100 2431 Refuse to tell hirer of fare T (T-C) R 34(9) 100 2432 Fail to give receipt T (T-C) R 34(10) 100 2433 Fail to give legible receipt T (T-C) R 34(11) 100 2434 Unauthorised meter T (T-C) R 35(1) 100 2435 Fail to fit operating meter T (T-C) R 35(2) 100 Sch. 4 -- 64 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 62 2436 Unsealed meter T (T-C) R 35(3) 100 2437 Inoperative meter T (T-C) R 35(4) 100 2438 Unapproved meter T (T-C) R 35(5) 100 2439 Unauthorised alterations affecting meter T (T-C) R 35(7) 100 2440 Operate meter when taxi-cab not hired T (T-C) R 35(8) 100 2441 Fail to start meter when taxi-cab hired T (T-C) R 35(9) 100 2442 Fail to inform hirer of new tariff T (T-C) R 35(10) 100 2443 Fail to return meter to neutral T (T-C) R 35(11) 100 2444 Fail to correctly fit meter T (T-C) R 35(12) 100 2445 Meter not working correctly T (T-C) R 35(14) 100 Passenger Vehicles 2446 Fail to return licence T (PV) R 5(1) 100 2447 Uncertificated driving T (PV) R 6(1) 150 2448 Breach of Certificate condition T (PV) R 6(3) 100 2449 Fail to sign a Certificate T (PV) R 6(8) 50 2450 Fail to notify Certificate changes T (PV) R 6(9) 50 2451 Fail to return Certificate T (PV) R 6(10) 50 2452 Allow Uncertificated driving T (PV) R 7(1) 150 Code Offence Reference Penalty $ 2453 Fail to notify not certificated T (PV) R 7(3) 150 2454 Fail to have records T (PV) R 10(1) 100 2455 Fail to retain records T (PV) R 10(3) 100 2456 Fail to keep records in English T (PV) R 10(4) 50 2457 Fail to produce records T (PV) R 10(5) 100 2458 Fail to give accurate copy of records T (PV) R 10(6) 100 2459 Fail to attach signs to vehicle T (PV) R 11(1) 50 2460 Fit unapproved signs T (PV) R 11(2) 50 2461 Obscure sign T (PV) R 11(3) 50 2462 Fail to comply with vehicle standards T (PV) R 12(1) 200 -- 65 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 63 2463 Fail to comply with A.D.Rs T (PV) R 12(2) 200 2464 Unapproved alteration to vehicle T (PV) R 13(1) 200 2465 Use vehicle before inspection T (PV) R 13(2) 200 2466 Unapproved fitting or equipment T (PV) R 13(3) 200 2467 Fail to produce vehicle for inspection T (PV) R 18(2) 200 2468 Use vehicle when prohibited T (PV) R 18(5) 200 2469 Fail to produce inspection details T (PV) R 18(7) 200 2470 Interfere with vehicle equipment T (PV) R 20 150 2471 Touting or attempting to induce passenger to hire TA 158A 2000 2472 Absent from vehicle T (PV) R 25 50 2473 Fail to correctly set down passengers T (PV) R 30(1) 50 2474 Interfere with traffic T (PV) R 30(2) 50 2475 Consume alcohol on duty T (PV) R 31 120 2476 Fail to give property to driver T (PV) R 34(1) 50 2477 Fail to give property to licence holder or vehicle operator T (PV) R 34(3) 100 2478 Fail to give lost property to Police T (PV) R 34(4) 100 Code Offence Reference Penalty $ 2480 Operating outside conditions of licence TA 158(3) 100 2481 School bus without hazard warning device and 'school bus' signs T (PV) R 15(1) 105 2482 Fail to activate hazard warning device on school bus T (PV) R 15(3) 135 2483 Vehicle door open while vehicle in motion T (PV) R 27 135 2484 Unauthorised operating (vehicle with seating capacity of not more than 12) TA 158(1) 2000 2485 Unauthorised operating (any other vehicle) TA 158(1) 100 Signs Sch. 4 -- 66 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 64 2501 Fail to obey turn prohibition or requirement sign RS (T) R 402(1), (2), (5), (16), (23), (28), (30) 105 2502 Fail to obey one way or do not enter sign RS (T) R 402(3), (4) 165 2503 Fail to obey no overtaking or passing or no overtaking on bridge sign RS (T) R 402(6), (7) 165 2504 Fail to obey keep left or keep right sign RS (T) R 402(8), (9) 105 2505 Fail to obey stop, stop here on red signal or stop here on red arrow sign RS (T) R 402(10), (11), (17), (29) 165 2506 Fail to obey give way sign RS (T) R 402(13), (14) 165 2507 Fail to obey emergency stopping lane only sign RS (T) R 402(18) 165 2508 Fail to obey roundabout sign RS (T) R 402(19) 165 2509 Fail to obey low clearance or clearance sign RS (V) R 809(2) 105 2510 Fail to obey no exit sign RS (T) R 402(26) 105 Code Offence Reference Penalty $ 2511 Fail to obey no trucks sign RS (T) R 402(27) 105 2512 Fail to obey all trucks must enter, trucks must enter, all buses must enter, or buses must enter sign RS (T) R 402(31), (32) 105 2513 Exceed mass limit sign by up to 1 tonne over the limit RS (V) R 808(2) 145 2514 Exceed mass limit sign by 1·01 to 2 tonnes RS (V) R 808(2) 265 2515 Exceed mass limit sign by 2·01 to 3 tonnes RS (V) R 808(2) 385 2516 Exceed mass limit sign by 3·01 to 4 tonnes RS (V) R 808(2) 505 _______________ Sch. 4 Sch. 4 -- 67 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 65 SCHEDULE 5 Regulation 703 PRESCRIBED PUBLIC AUTHORITIES, PERSONS AND FUNDS FOR APPROPRIATION OF FINES Column 1 Column 2 Corporation The general fund of that Corporation Public Transport Corporation established under Part II of the Transport Act 1983 The general fund of that Corporation A board established under Part 4 of the Alpine Resorts Management Act 1997 Alpine Resorts Fund Melbourne Parks and Waterways established under the Water Industry Act 1994 Melbourne Parks and Waterways General Account A Council within the meaning of the Local Government Act 1989 The municipal fund of that council Melbourne Water Corporation constituted under the Melbourne Water Corporation Act 1992 The general fund of that Corporation The council of a university established by or under any Act The fund of that university A council incorporated under the Tertiary Education Act 1993 or the council or governing body of an institution mentioned in Schedule 2 to that Act or in Schedule 1 to the Vocational Education and Training Act 1990 The fund of that council or governing body The committee of management under the Crown Land (Reserves) Act 1978 The fund of that committee of management Sch. 5 -- 68 of 69 -- S.R. No. 27/1999 Road Safety (General) Regulations 1999 66 Column 1 Column 2 Melbourne Market Authority established under the Melbourne Market Authority Act 1977 The general fund of the 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. 5 -- 69 of 69 --