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Transport (Infringements) Regulations 1999

Legislation · Victoria · 2020
i Transport (Infringements) Regulations 1999 S.R. No. 112/1999 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 101. Objectives 1 102. Authorising provisions 1 103. Revocation 2 104. Definitions 2 PART 2—INFRINGEMENTS 3 201. Ticket infringements 3 202. Transport infringements 4 203. Safety work infringement 9 204. Service of infringement notices 10 205. Form of infringement notices 10 206. Service of notice of withdrawal of infringement notices 12 207. Form of notice of withdrawal of infringement notices 12 208. Payment of penalty 13 209. Proof of prior convictions 13 PART 3—MINOR AMENDMENT TO RELATED REGULATIONS 15 301. Transport (Passengers and Rail Freight) Regulations 1994 15 __________________ SCHEDULE 16 SCHEDULE 1—Revoked Regulations 16 ═══════════════ NOTES 17 -- 1 of 18 -- 1 STATUTORY RULES 1999 S.R. No. 112/1999 Transport Act 1983 Transport (Infringements) Regulations 1999 The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations: Dated: 24 August 1999 Responsible Minister: ROBIN COOPER Minister for Transport STACEY ROBERTSON Acting Clerk of the Executive Council PART 1—PRELIMINARY 101. Objectives The main objectives of these Regulations are to prescribe— (a) ticket and transport infringements; and (b) a penalty for a safety work infringement; and (c) the form of infringement notices; and (d) the method and form of service and withdrawal of infringement notices; and (e) the method of payment of penalties. 102. Authorising provisions These Regulations are made under sections 56, 215, 215G and 249B of the Transport Act 1983. -- 2 of 18 -- S.R. No. 112/1999 Transport (Infringements) Regulations 1999 2 103. Revocation The Regulations listed in Schedule 1 are revoked. 104. Definitions In these Regulations— "Act" or "T.A." means the Transport Act 1983; "authorised officer", in relation to a ticket infringement or a transport infringement, has the same meaning as in Division 2 of Part VII of the Act; "infringement notice" means a ticket infringement notice, a transport infringement notice or a safety work infringement notice for a safety work infringement referred to in regulation 203; "PRFR" means the Transport (Passengers and Rail Freight) Regulations 1994. _______________ r. 103 -- 3 of 18 -- S.R. No. 112/1999 Transport (Infringements) Regulations 1999 3 PART 2—INFRINGEMENTS 201. Ticket infringements (1) For the purposes of Part VII of the Act, the ticket offences set out in Column 3 of the following Table are prescribed as ticket infringements. (2) For the purposes of section 212(5) of the Act, the penalty prescribed for a ticket infringement is the amount set out in Column 4 of the following Table opposite the prescribed ticket offence set out in Column 3 of that Table. (3) A description of a ticket offence set out in Column 2 opposite a provision set out in Column 3 is for convenience of reference only and is not to be taken to affect the nature or elements of the offence to which such a description refers or the operation of these Regulations. TABLE TICKET INFRINGEMENTS Column 1 Code Column 2 Short Description of Offence Column 3 Reference Column 4 Penalty $ 3100 Fail to produce evidence of concession T.A. s. 221(4A) 100 3102 Expired ticket PRFR r. 202 100 3103 Transfer ticket to another person PRFR r. 204 100 3104 Make journey without valid ticket T.A. s. 221(3) 100 r. 201 -- 4 of 18 -- S.R. No. 112/1999 Transport (Infringements) Regulations 1999 4 Column 1 Code Column 2 Short Description of Offence Column 3 Reference Column 4 Penalty $ 3105 Remain in vehicle or on premises without ticket having been requested to leave PRFR r. 324(2) 100 3106 Unable to produce valid ticket while making journey T.A. s. 221(4) 100 202. Transport infringements (1) For the purposes of Part VII of the Act, the offences set out in Column 3 of the following Table are prescribed as transport infringements. (2) For the purposes of section 212(5) of the Act, the penalty prescribed for a transport infringement is the amount set out in Column 4 of the following Table opposite the prescribed offence set out in Column 3 of that Table. (3) A description of an offence set out in Column 2 opposite a provision set out in Column 3 is for convenience of reference only and is not to be taken to affect the nature or elements of the offence to which such a description refers or the operation of these Regulations. r. 202 -- 5 of 18 -- S.R. No. 112/1999 Transport (Infringements) Regulations 1999 5 TABLE TRANSPORT INFRINGEMENTS Column 1 Code Column 2 Short Description of Offence Column 3 Reference Column 4 Penalty $ Behaviour Offences 3120 Distribute hand bills, busk, or solicit money PRFR r. 325(c), (d) or (e) 100 3121 Play a musical instrument or radio PRFR r. 301(1)(b) 100 3122 Trespass T.A. s. 223 135 3123 Fail to give correct name and address T.A. s. 218B(4)(b) or (c) 100 3124 Refuse to give name and address T.A. s. 218B(4)(a) 100 3125 Unauthorised operation of equipment or vehicle PRFR r. 302(a) 50 3126 Failure to place luggage or goods as directed by employee PRFR r. 327 50 3127 Unauthorised hawking, selling, touting or soliciting PRFR r. 325(a) or (b) 100 3128 Ride bicycle, skateboard or skates on vehicle, platform or other property PRFR r. 301(2)(a) 100 r. 202 -- 6 of 18 -- S.R. No. 112/1999 Transport (Infringements) Regulations 1999 6 Column 1 Code Column 2 Short Description of Offence Column 3 Reference Column 4 Penalty $ Offensive Behaviour 3140 Smoke in carriage or on premises T.A. s. 222(1) 100 3141 Open lock or locked door of vehicle PRFR r. 305(a) 100 3142 Lock unlocked door of vehicle PRFR r. 305(b) 100 3143 Cause vehicle to be stopped PRFR r. 304 75 3144 Drink intoxicating liquor PRFR r. 317 200 3146 Create obstruction PRFR r. 315 50 3147 Indecent/ offensive language or gesture PRFR r. 301(3)(a) 100 3149 Unauthorised exit/entry PRFR r. 309(1)(a) or (c) 100 3150 Interfere with gates or doors on premises PRFR r. 305(c) 100 3151 Light/extinguish lamps PRFR r. 302(b) 100 3152 Spit PRFR r. 316 50 3153 Driver fail to obey reasonable direction PRFR r. 321(a) 50 3154 Offender refuse to leave PRFR r. 324(2) 50 r. 202 -- 7 of 18 -- S.R. No. 112/1999 Transport (Infringements) Regulations 1999 7 Column 1 Code Column 2 Short Description of Offence Column 3 Reference Column 4 Penalty $ 3155 Consign motor vehicle etc. not drained of fuel PRFR r. 311 50 3156 Litter PRFR r. 301(1)(c) 100 3157 Adult allow child to offend PRFR r. 326 25 3158 Articles on seats which prevent another from using seat PRFR r. 318 25 Offences Causing Danger 3170 Travel on part of vehicle not meant for travel PRFR r. 309(2) 100 3171 Apply brake or emergency device PRFR r. 303 100 3173 Drive in a dangerous manner PRFR r. 321(c) 100 3175 Speed while driving PRFR r. 321(b) 100 3176 Explosives and other dangerous articles PRFR r. 310(1) or (2) 50 3178 Disorderly or offensive behaviour PRFR r. 301(4)(a) 100 3179 Interfere with doors of vehicle PRFR r. 306 100 3180 Interfere with equipment PRFR r. 302(a) 100 3181 Cross lines while gates closed PRFR r. 308(1)(a) 200 r. 202 -- 8 of 18 -- S.R. No. 112/1999 Transport (Infringements) Regulations 1999 8 Column 1 Code Column 2 Short Description of Offence Column 3 Reference Column 4 Penalty $ 3182 Cross against signals T.A. s. 222(3)(ca) 200 3183 Cross against employees direction PRFR r. 308(1)(c) 200 3184 Heavy vehicle cross tracks PRFR r. 322(1)(a) or (b) 100 3185 Vehicle likely to cause obstruction PRFR r. 322(1)(c) 100 3186 Board or leave carriage in motion or attempt T.A. s. 222(3)(a) 135 3187 Protrude part of body from carriage in motion T.A. s. 222(3)(b) 135 3188 Cross line other than at crossing place or attempt to cross T.A. s. 222(3)(c) 200 3189 Pedestrian cross line or attempt when warning device in operation T.A. s. 222(3)(d) 200 3190 Enter or leave wrong side of road vehicle PRFR r. 309(1)(b) 50 3191 Cross pit between platforms PRFR r. 307 200 Column 1 Column 2 Column 3 Column 4 r. 202 -- 9 of 18 -- S.R. No. 112/1999 Transport (Infringements) Regulations 1999 9 Code Short Description of Offence Reference Penalty $ Offences Causing Damage 3200 Write or draw on vehicle or premises PRFR r. 301(3)(d) 100 3201 Damage property PRFR r. 301(4)(b) 100 3202 Light fire PRFR r. 312(a) 100 3203 Bring burning substance onto vehicle or premises PRFR r. 312(c) 100 3204 Throw burning substance PRFR r. 312(d) 100 3205 Feet on furniture or other part of carriage or premises other than the floor T.A. s. 222(3)(e) 100 3206 Over dimensional vehicle cross tracks PRFR r. 322(2) 100 203. Safety work infringement (1) In this regulation— "safety work infringement" means an offence under section 94(1)(a) of the Act in the circumstances referred to in paragraphs (a) and (b) of the definition of "safety work infringement" in section 208 of the Act. (2) For the purposes of section 215B(5) of the Act, the penalty prescribed for the safety work infringement set out in Column 3 of the following Table is the amount set out in Column 4 opposite that safety work infringement. r. 203 -- 10 of 18 -- S.R. No. 112/1999 Transport (Infringements) Regulations 1999 10 (3) A description of the offence in Column 2 of the following Table opposite the safety work infringement set out in Column 3 is for convenience of reference only and is not to be taken to affect the nature or elements of the offence to which the description refers or the operation of these Regulations. TABLE SAFETY WORK INFRINGEMENT Column 1 Code Column 2 Short Description of Offence Column 3 Reference Column 4 Penalty $ 3220 Carry out safety work with unlawful blood alcohol level T.A. s. 94(1)(a) 240 204. Service of infringement notices An infringement notice may be served— (a) by personally serving the notice upon the alleged offender; or (b) by sending the notice by post addressed to the alleged offender at his or her last known place of residence or business. 205. Form of infringement notices (1) An infringement notice is in the prescribed form if it refers to the fact that it is an infringement notice in relation to— (a) a ticket infringement; or (b) an offence against the Act or regulations made under the Act that constitutes a transport infringement; or (c) an offence against section 94(1)(a) that constitutes a safety work infringement— r. 204 -- 11 of 18 -- S.R. No. 112/1999 Transport (Infringements) Regulations 1999 11 (as the case requires). (2) The particulars that an infringement notice must contain 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; (d) the date and approximate time and place of commission of the infringement; (e) if the infringement arises out of the operation or being in charge of a motor vehicle, the registered number or other identification of the vehicle; (f) a brief description of the kind of infringement alleged to have been committed; (g) a code by which the infringement may be identified, being the code set out in Column 1 of the Table in regulation 201, 202 or 203 (as the case requires) opposite the infringement set out in Column 3 of the relevant Table; (h) the amount of the penalty prescribed in respect of that infringement; (i) a statement to the effect that if the amount of the penalty is paid on time, the matter will not be brought before a court unless, before the expiration of the period specified in the notice as the time for payment of the penalty, a member of the police force or an authorised officer (as the case requires) gives notice that the ticket infringement notice, transport infringement notice or safety work r. 205 -- 12 of 18 -- S.R. No. 112/1999 Transport (Infringements) Regulations 1999 12 infringement notice (as the case requires) has been withdrawn; (j) the signature of the member of the police force or authorised officer (as the case requires) by whom the notice was issued. 206. Service of notice of withdrawal of infringement notices A notice of withdrawal of an infringement notice may be served— (a) by personally serving the notice upon the alleged offender; or (b) by sending the notice by post addressed to the alleged offender at his or her last known place of residence or business. 207. Form of notice of withdrawal of infringement notices A notice of withdrawal of an infringement notice is in the prescribed form if it is signed by a member of the police force or an authorised officer (as the case requires) and includes— (a) the name and address of the person on whom the infringement notice was served; (b) the number and date of issue of the infringement notice; (c) a statement that the infringement notice has been withdrawn; (d) if it is intended that court proceedings may be instituted against the person in respect of the alleged infringement, a statement to that effect; (e) if payment has been made in respect of the infringement penalty, a statement as to the refund of the amount paid. r. 206 -- 13 of 18 -- S.R. No. 112/1999 Transport (Infringements) Regulations 1999 13 208. Payment of penalty Payment of a penalty under section 213 or 215B(6) of the Act may be made by sending the amount of the penalty by post or delivering it to the address specified in the notice as the address for payment of the penalty. 209. Proof of prior convictions (1) A document setting out particulars of alleged prior convictions or findings of guilt served under section 214 or section 215F of the Act is in the prescribed form if it sets out— (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— (i) a statement of the court at which the person is alleged to have been convicted or found guilty; and (ii) the date of the alleged conviction or finding; and (iii) a short description of the alleged offence; and (iv) a short description of the alleged penalty imposed. (2) A notice which is required to be endorsed on a document served under section 214(2) or section 215F(2) of the Act must state that if the person does not appear in answer to the summons served with the notice and if the person is convicted or found guilty of the infringement alleged in the summons, the document will be admissible as evidence that the person has been convicted or found guilty previously as alleged. _______________ r. 208 -- 14 of 18 -- S.R. No. 112/1999 Transport (Infringements) Regulations 1999 14 r. 209 -- 15 of 18 -- S.R. No. 112/1999 Transport (Infringements) Regulations 1999 15 PART 3—MINOR AMENDMENT TO RELATED REGULATIONS 301. Transport (Passengers and Rail Freight) Regulations 1994 In regulation 321 of the Transport (Passengers and Rail Freight) Regulations 19941 , at the end of paragraphs (a), (b), (c), for "and" substitute "or". __________________ r. 301 -- 16 of 18 -- S.R. No. 112/1999 Transport (Infringements) Regulations 1999 16 SCHEDULE SCHEDULE 1 Regulation 103 REVOKED REGULATIONS S.R. No. Title 197/1990 Transport (Infringements) Regulations 1990 106/1992 Transport (Infringements) (Amendment) Regulations 1992 91/1994 Transport (Infringements) (Amendment) Regulations 1994 221/1994 Transport (Infringements) (Safety Work Infringement) Regulations 1994 189/1995 Transport (Infringements) (Amendment) Regulations 1995 171/1998 Transport (Public Transport Corporation) (Amendment) Regulations 1998 ═══════════════ Sch. 1 -- 17 of 18 -- S.R. No. 112/1999 Transport (Infringements) Regulations 1999 17 NOTES 1 Reg. 301: S.R. No. 90/1994. Reprint No. 1 as at 1 January 1999. Further amended by S.R. No. 30/1999. Notes -- 18 of 18 --