Road Legislation Amendment Act 2007

i Road Legislation Amendment Act 2007 No. 14 of 2007 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—OWNER ONUS AMENDMENTS 4 3 Statements—offences under Road Safety Act 1986 detected by a photographic detention device 4 4 Statements—parking infringements under Road Safety Act 1986 4 5 New section 103M inserted in Road Safety Act 1986 5 103M Transitional provisions—Road Legislation Amendment Act 2007 5 6 Statements—offences under Melbourne City Link Act 1995 detected by prescribed tolling device 6 7 New section 124 inserted in Melbourne City Link Act 1995 7 124 Transitional provisions—Road Legislation Amendment Act 2007 7 8 Statements—owner onus offences under EastLink Project Act 2004 9 PART 3—OTHER AMENDMENTS 10 9 Proceedings against the responsible person 10 10 Offence to provide false or misleading information 10 11 New section 3AC inserted in Road Safety Act 1986 10 3AC Circumstances in which person is taken to be driving a trailer 10 12 Extension to trailers of certain evidentiary provisions of the Road Safety Act 1986 11 13 New section 84BAA inserted in Road Safety Act 1986 13 84BAA Double jeopardy 13 14 Repeal of unnecessary provisions 13 15 Meaning of trip in EastLink Project Act 2004 13 16 New section 125 substituted in EastLink Project Act 2004 14 125 Authority to be referral authority 14 -- 1 of 23 -- Section Page ii 17 Definition of tollway operator in Melbourne City Link Act 1995 15 18 New Division 5 inserted in Part 4 of Melbourne City Link Act 1995 16 Division 5—Link roaming agreements 16 93AA Definitions 16 93AB Roaming fees 17 93AC Determination of net incremental marginal cost 18 19 Statute law revision 19 PART 4—REPEAL OF ACT 20 20 Repeal of Act 20 ═══════════════ ENDNOTES 21 -- 2 of 23 -- 1 Road Legislation Amendment Act 2007 † No. 14 of 2007 [Assented to 8 May 2007] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the nomination process under the "owner onus" provisions of the Road Safety Act 1986, the Melbourne City Link Act 1995 and the EastLink Project Act 2004 to replace the requirement for sworn statements or statutory declarations with a simpler statement requirement; Victoria -- 3 of 23 -- Part 1—Preliminary Road Legislation Amendment Act 2007 No. 14 of 2007 2 (b) to amend the "operator onus" provisions of the Road Safety Act 1986 to ensure that a proceeding may be commenced against any person who again becomes a responsible person in relation to a motor vehicle or trailer not later than 12 months after that event; (c) to extend to trailers and towed motor vehicles certain evidentiary provisions of the Road Safety Act 1986; (d) to amend the EastLink Project Act 2004— (i) to redefine the meaning of trip; and (ii) to allow the area for which the Freeway Corporation is a referral authority to be extended; (e) to amend the Melbourne City Link Act 1995— (i) to limit the roaming fee that may be charged by the relevant corporation for providing a roaming service in relation to the use of EastLink; and (ii) to provide for the definition of tollway operator to include tollway operators in Victoria. 2 Commencement (1) This Act (except sections 11, 12 and 18) comes into operation on the day after the day on which it receives the Royal Assent. (2) Sections 11 and 12 come into operation on the day on which section 24 of the Road Legislation (Projects and Road Safety) Act 2006 comes into operation. (3) Subject to subsection (4), section 18 comes into operation on a day to be proclaimed. s. 2 -- 4 of 23 -- Part 1—Preliminary Road Legislation Amendment Act 2007 No. 14 of 2007 3 (4) If section 18 does not come into operation before 1 January 2009, it comes into operation on that day. __________________ s. 2 -- 5 of 23 -- Part 2—Owner Onus Amendments Road Legislation Amendment Act 2007 No. 14 of 2007 4 PART 2—OWNER ONUS AMENDMENTS 3 Statements—offences under Road Safety Act 1986 detected by a photographic detention device (1) In section 66(3)(a) and (aab) of the Road Safety Act 1986 for "in a sworn statement in writing or in a statutory declaration" substitute "a statement in writing made by the owner containing". (2) In section 66(3)(ab) of the Road Safety Act 1986 for "in a sworn statement in writing or in a statutory declaration" substitute "a statement in writing made by the person containing". (3) In section 66(3)(b) of the Road Safety Act 1986 for "by sworn statement in writing or by a statutory declaration" substitute "by a statement in writing made by the owner". (4) After section 66(3) of the Road Safety Act 1986 insert— "(3AAA) A person must not in a statement given under subsection (3) to an enforcement official provide information that the person knows to be false or misleading. Penalty: 60 penalty units.". (5) In section 66(3A) and (4) of the Road Safety Act 1986 omit "or declaration" (wherever occurring). (6) In section 67(6)(b) of the Road Safety Act 1986 omit "or declaration". 4 Statements—parking infringements under Road Safety Act 1986 (1) In section 86(3)(a) and (aab) of the Road Safety Act 1986 for "in a sworn statement in writing or in a statutory declaration" substitute "a statement in writing made by the owner containing". See: Act No. 127/1986. Reprint No. 10 as at 9 November 2006 and amending Act Nos 19/1991, 97/2005, 48/2006 and 81/2006. LawToday: www. legislation. vic.gov.au s. 3 -- 6 of 23 -- Part 2—Owner Onus Amendments Road Legislation Amendment Act 2007 No. 14 of 2007 5 (2) In section 86(3)(ab) of the Road Safety Act 1986 for "in a sworn statement in writing or in a statutory declaration" substitute "a statement in writing made by the person containing". (3) After section 86(3) of the Road Safety Act 1986 insert— "(3A) A person must not in a statement given under subsection (3) to an enforcement official provide information that the person knows to be false or misleading. Penalty: 60 penalty units.". (4) In section 86(4A) and (5) of the Road Safety Act 1986 omit "or declaration" (wherever occurring). 5 New section 103M inserted in Road Safety Act 1986 After section 103L of the Road Safety Act 1986 insert— "103M Transitional provisions—Road Legislation Amendment Act 2007 (1) The amendments of sections 66 and 86 of this Act made by sections 3 and 4 of the Road Legislation Amendment Act 2007 apply to offences alleged to have been committed before, on or after the commencement of those sections of that Act and so apply irrespective of whether or not before that commencement— (a) a charge was filed; or (b) a summons, traffic infringement notice or parking infringement notice was served; or s. 5 -- 7 of 23 -- Part 2—Owner Onus Amendments Road Legislation Amendment Act 2007 No. 14 of 2007 6 (c) any step was taken in respect of the offence under the Infringements Act 2006 or a corresponding previous enactment or under Schedule 2A to the Children and Young Persons Act 1989. (2) Without limiting section 14 of the Interpretation of Legislation Act 1984, nothing in subsection (1) affects any sworn statement or statutory declaration supplied (whether before, on or after the commencement of sections 3 and 4 of the Road Legislation Amendment Act 2007) for the purpose of section 66 or 86 of this Act in relation to an offence alleged to have been committed before that commencement and such a statement or declaration has the same effect for that purpose as a statement made under that section as amended by section 3 or 4 (as the case requires) of the Road Legislation Amendment Act 2007. (3) Nothing in subsection (2) affects any liability for the making of a sworn statement or statutory declaration that is false.". 6 Statements—offences under Melbourne City Link Act 1995 detected by prescribed tolling device (1) In section 80(2A)(b) of the Melbourne City Link Act 1995 for "or 87(3)" substitute "or a statement supplied in accordance with section 87(3)". (2) In section 87(3)(a) and (aab) of the Melbourne City Link Act 1995 for "in a sworn statement in writing or in a statutory declaration" substitute "a statement in writing made by the owner containing". See: Act No. 107/1995. Reprint No. 6 as at 10 February 2006 and amending Act Nos 61/2005, 32/2006, 48/2006, 63/2006, 74/2006, 81/2006 and 85/2006. LawToday: www. legislation. vic.gov.au s. 6 -- 8 of 23 -- Part 2—Owner Onus Amendments Road Legislation Amendment Act 2007 No. 14 of 2007 7 (3) In section 87(3)(ab) of the Melbourne City Link Act 1995 for "in a sworn statement in writing or in a statutory declaration" substitute "a statement in writing made by the person containing". (4) In section 87(3)(b) of the Melbourne City Link Act 1995 for "by sworn statement in writing or by a statutory declaration" substitute "by a statement in writing made by the owner". (5) After section 87(3) of the Melbourne City Link Act 1995 insert— "(3AA) A person must not in a statement given under subsection (3) to an enforcement official provide information that the person knows to be false or misleading. Penalty: 60 penalty units.". (6) In section 87(4) and (5) of the Melbourne City Link Act 1995 omit "or declaration" (wherever occurring). (7) In section 87A(6)(b) of the Melbourne City Link Act 1995 omit "or declaration". (8) For section 27(2)(b) of the Road Legislation (Projects and Road Safety) Act 2006 substitute— '(b) in paragraph (b) omit "or a statement supplied in accordance with section 87(3)".'. 7 New section 124 inserted in Melbourne City Link Act 1995 At the end of Part 6 of the Melbourne City Link Act 1995 insert— "124 Transitional provisions—Road Legislation Amendment Act 2007 (1) The amendments of section 87 of this Act made by section 6 of the Road Legislation Amendment Act 2007 apply to offences See: Act No. 81/2006. Statute Book: www. legislation. vic.gov.au s. 7 -- 9 of 23 -- Part 2—Owner Onus Amendments Road Legislation Amendment Act 2007 No. 14 of 2007 8 alleged to have been committed before, on or after the commencement of that section of that Act and so apply irrespective of whether or not before that commencement— (a) a charge was filed; or (b) a summons or infringement notice was served; or (c) any step was taken in respect of the offence under the Infringements Act 2006 or a corresponding previous enactment or under Schedule 2A to the Children and Young Persons Act 1989. (2) Without limiting section 14 of the Interpretation of Legislation Act 1984, nothing in subsection (1) affects any sworn statement or statutory declaration supplied (whether before, on or after the commencement of section 6 of the Road Legislation Amendment Act 2007) for the purpose of section 87 of this Act in relation to an offence alleged to have been committed before that commencement and such a statement or declaration has the same effect for that purpose as a statement made under that section as amended by section 6 of the Road Legislation Amendment Act 2007. (3) Nothing in subsection (2) affects any liability for the making of a sworn statement or statutory declaration that is false.". s. 7 -- 10 of 23 -- Part 2—Owner Onus Amendments Road Legislation Amendment Act 2007 No. 14 of 2007 9 8 Statements—owner onus offences under EastLink Project Act 2004 (1) In section 219(3)(a) and (ab) of the EastLink Project Act 2004 for "in a sworn statement in writing or in a statutory declaration" substitute "a statement in writing made by the owner containing". (2) In section 219(3)(b) of the EastLink Project Act 2004 for "in a sworn statement in writing or in a statutory declaration" substitute "a statement in writing made by the person containing". (3) In section 219(3)(c) of the EastLink Project Act 2004 for "in a sworn statement in writing or a statutory declaration" substitute "a statement in writing made by the owner containing". (4) In section 219(3)(d) of the EastLink Project Act 2004 for "by sworn statement in writing or by a statutory declaration" substitute "by a statement in writing made by the owner". (5) After section 219(3) of the EastLink Project Act 2004 insert— "(3A) A person must not in a statement given under subsection (3) to an enforcement official provide information that the person knows to be false or misleading. Penalty: 60 penalty units.". (6) In section 219(4) and (5) of the EastLink Project Act 2004 omit "or declaration" (wherever occurring). __________________ See: Act No. 39/2004. Reprint No. 1 as at 30 November 2005 and amending Act Nos 32/2006, 48/2006, 63/2006 and 85/2006. LawToday: www. legislation. vic.gov.au s. 8 -- 11 of 23 -- Part 3—Other Amendments Road Legislation Amendment Act 2007 No. 14 of 2007 10 PART 3—OTHER AMENDMENTS 9 Proceedings against the responsible person In section 24 of the Road Legislation (Projects and Road Safety) Act 2006, at the end of proposed new section 84BG of the Road Safety Act 1986 insert— "(3) A proceeding against a person (other than a person nominated in an effective known user statement or sold vehicle statement) who, by force of section 84BF(2), becomes again the responsible person in relation to the motor vehicle or trailer at the time of an offence to which this Part applies may be commenced not later than 12 months after the day on which that person again became the responsible person.". 10 Offence to provide false or misleading information In section 24 of the Road Legislation (Projects and Road Safety) Act 2006, in proposed new section 84BI, omit "in a material respect". 11 New section 3AC inserted in Road Safety Act 1986 After section 3AB of the Road Safety Act 1986 insert— "3AC Circumstances in which person is taken to be driving a trailer Without limiting the circumstances in which a person is driving a trailer, a person who is driving a motor vehicle to which a trailer is attached is to be taken to be driving the trailer for the purposes of this Act.". s. 9 -- 12 of 23 -- Part 3—Other Amendments Road Legislation Amendment Act 2007 No. 14 of 2007 11 12 Extension to trailers of certain evidentiary provisions of the Road Safety Act 1986 (1) In sections 78, 78A, 79, 80 and 81 of the Road Safety Act 1986 after "motor vehicle" (wherever occurring) insert "or trailer". (2) After section 78(3) of the Road Safety Act 1986 insert— "(4) For the purpose of any proceedings for an offence against this Act or the regulations in which the speed at which a motor vehicle or trailer travelled is relevant, if a trailer or a motor vehicle that is being towed is attached to a motor vehicle, the trailer or towed motor vehicle and the towing motor vehicle are to be taken to be travelling at the same speed. Note See section 84BAA.". (3) At the end of section 79 of the Road Safety Act 1986 insert— "(2) For the purpose of any criminal proceedings in which the speed at which a motor vehicle or trailer travelled on any occasion is relevant, if a trailer or a motor vehicle that is being towed is attached to a motor vehicle, the trailer or towed motor vehicle and the towing motor vehicle are to be taken to be travelling at the same speed. Note See section 84BAA.". (4) In section 80 of the Road Safety Act 1986 for "driver of the vehicle" substitute "driver of the motor vehicle or trailer". s. 12 -- 13 of 23 -- Part 3—Other Amendments Road Legislation Amendment Act 2007 No. 14 of 2007 12 (5) At the end of section 80 of the Road Safety Act 1986 insert— "(2) For the purpose of any proceedings for an offence to which section 66 applies in which the question whether the driver of a motor vehicle or trailer disobeyed a traffic control signal or drove the motor vehicle or trailer in a particular portion of a highway on any occasion is relevant, if a trailer or a motor vehicle that is being towed is attached to a motor vehicle, proof that the driver of one of those vehicles disobeyed a traffic control signal or drove the vehicle in a particular portion of the highway on that occasion is proof that the driver of the other vehicle did so. Note See section 84BAA.". (6) After section 81(1) of the Road Safety Act 1986 insert— "(1A) For the purpose of any proceedings for an offence to which section 66 applies in which the speed at which a motor vehicle or trailer travelled on any occasion is relevant, if a trailer or a motor vehicle that is being towed is attached to a motor vehicle, the trailer or towed motor vehicle and the towing motor vehicle are to be taken to be travelling at the same speed. Note See section 84BAA.". s. 12 -- 14 of 23 -- Part 3—Other Amendments Road Legislation Amendment Act 2007 No. 14 of 2007 13 13 New section 84BAA inserted in Road Safety Act 1986 In Part 6 of the Road Safety Act 1986, after section 84B insert— "84BAA Double jeopardy Nothing in section 78(4), 79(2), 80(2) or 81(1A) is intended to have the effect of making a person who at a particular time is both the driver of a towing motor vehicle and of a trailer or motor vehicle that is being towed attached to the towing motor vehicle liable to be prosecuted or punished more than once for the same act or omission connected with the driving of a vehicle at that time.". 14 Repeal of unnecessary provisions (1) Section 15 of the Road Legislation (Projects and Road Safety) Act 2006 is repealed. (2) Section 103L(8) of the Road Safety Act 1986 is repealed. 15 Meaning of trip in EastLink Project Act 2004 (1) In section 3(1) of the EastLink Project Act 2004 for the definition of trip substitute— "trip means the driving of a vehicle on EastLink in a single direction through one or more toll zones within the space of a single hour (without repeating a toll zone), whether or not that driving is interrupted by exit from EastLink;". (2) In section 3(1) of the EastLink Project Act 2004 insert the following definition— "prescribed tolling system means a tolling system prescribed for the purposes of Part 9;". s. 13 -- 15 of 23 -- Part 3—Other Amendments Road Legislation Amendment Act 2007 No. 14 of 2007 14 (3) After section 3(3) of the EastLink Project Act 2004 insert— "(4) For the purposes of this Act, the period of a trip commences— (a) in the case of the first driving of a vehicle on EastLink in a particular direction, when that vehicle is first detected by the prescribed tolling system as travelling in that direction; and (b) in the case of any other driving on EastLink, when that vehicle is first detected by the prescribed tolling system as travelling in a particular direction after the last trip in that direction.". (4) In section 205(2) of the EastLink Project Act 2004 for "continues into" substitute "ends on". 16 New section 125 substituted in EastLink Project Act 2004 For section 125 of the EastLink Project Act 2004 substitute— "125 Authority to be referral authority (1) The Authority is deemed to be specified as a referral authority in any planning scheme under the Planning and Environment Act 1987 in relation to— (a) land in the Extended Project area; and (b) land in any additional referral area declared under subsection (2). s. 16 -- 16 of 23 -- Part 3—Other Amendments Road Legislation Amendment Act 2007 No. 14 of 2007 15 (2) The Minister may, by Order published in the Government Gazette, declare any area within 200 metres of the boundary of the Extended Project area to be an additional referral area for the purposes of this section. (3) The Minister must not make an Order under subsection (2) unless the Minister has received the appropriate plans which have been— (a) signed by the Surveyor-General; and (b) lodged in the Central Plan Office.". 17 Definition of tollway operator in Melbourne City Link Act 1995 In section 69 of the Melbourne City Link Act 1995, in the definition of tollway operator— (a) for paragraph (a) substitute— "(a) operates a tollway under a law of Victoria or of another State or Territory, or under an agreement between that person and the State or another State or Territory; and"; and (b) at the end of paragraph (b) for "tollway;" substitute— "tollway— but does not include the Freeway Corporation within the meaning of the EastLink Project Act 2004 unless a Link roaming agreement (within the meaning of section 93AA) is in force;". s. 17 -- 17 of 23 -- Part 3—Other Amendments Road Legislation Amendment Act 2007 No. 14 of 2007 16 18 New Division 5 inserted in Part 4 of Melbourne City Link Act 1995 After Division 4 of Part 4 of the Melbourne City Link Act 1995 insert— "Division 5—Link roaming agreements 93AA Definitions In this Division— commencement day means the date of commencement of section 18 of the Road Legislation Amendment Act 2007; EastLink Agreement means the Agreement within the meaning of the EastLink Project Act 2004; EastLink toll zone means a toll zone within the meaning of the EastLink Project Act 2004; Freeway Corporation has the same meaning as it has in the EastLink Project Act 2004; Link roaming agreement means an agreement between the relevant corporation and the Freeway Corporation relating to the use in EastLink toll zones of a class or classes of vehicles that are registered with the relevant corporation; Link roaming service means a service relating to the billing and payment of amounts for tolls and charges relating to the use in EastLink toll zones of a class or classes of vehicles that are registered with the relevant corporation; s. 18 -- 18 of 23 -- Part 3—Other Amendments Road Legislation Amendment Act 2007 No. 14 of 2007 17 net incremental marginal cost in relation to a Link roaming service, means— (a) the additional cost to the relevant corporation of providing the Link roaming service (net of any savings) calculated in accordance with a determination under section 93AC(1); or (b) the amount that is determined under section 93AC(2) to be the net incremental marginal cost to the relevant corporation of providing the Link roaming service; or (c) if neither paragraph (a) nor paragraph (b) applies, the additional cost to the relevant corporation of providing the Link roaming service (net of any savings); Secretary means the Secretary to the Department of Infrastructure. 93AB Roaming fees (1) For the duration of the concession period (within the meaning of the Agreement) or the concession period (within the meaning of the EastLink Agreement) whichever expires first, the fee or charge that may be imposed by the relevant corporation on the Freeway Corporation under a Link roaming agreement for the provision of a Link roaming service must not exceed the amount that represents the net incremental marginal cost to the relevant corporation of providing that Link roaming service. s. 18 -- 19 of 23 -- Part 3—Other Amendments Road Legislation Amendment Act 2007 No. 14 of 2007 18 (2) Any agreement or arrangement existing on or after the commencement day that is inconsistent with subsection (1) is void to the extent of the inconsistency. 93AC Determination of net incremental marginal cost (1) The Secretary may, by notice published in the Government Gazette, determine the method and criteria to be used for calculating the additional cost to the relevant corporation of providing a Link roaming service. (2) The Secretary, on the joint application of the relevant corporation and the Freeway Corporation, may, by notice published in the Government Gazette, determine an amount to be the net incremental marginal cost to the relevant corporation of providing a Link roaming service. (3) A determination of an amount under subsection (2) may provide for the amount to be a variable amount to be determined in accordance with an agreement existing at the date of the determination between the relevant corporation and the Freeway Corporation. (4) The Secretary must not make a determination under subsection (2) unless the Secretary is satisfied that the amount to be determined has been agreed to by the relevant corporation and the Freeway Corporation. (5) On the publication in the Government Gazette of a determination under this section, any existing determination under this section is revoked.". s. 18 -- 20 of 23 -- Part 3—Other Amendments Road Legislation Amendment Act 2007 No. 14 of 2007 19 19 Statute law revision (1) The Road Safety Act 1986 is amended as follows— (a) in section 51(2) for "information" substitute "charge"; (b) in section 92(3)(e)(ii) for "in , the" substitute "in the"; (c) in section 93B(1) for "this Division" substitute "section 93A"; (d) section 96(1)(d) is repealed. (2) In section 9 of the Road Legislation (Projects and Road Safety) Act 2006, in proposed new section 259(1)(e) of the Road Safety Act 1986, for "that that" substitute "that". __________________ s. 19 -- 21 of 23 -- Part 4—Repeal of Act Road Legislation Amendment Act 2007 No. 14 of 2007 20 PART 4—REPEAL OF ACT 20 Repeal of Act This Act is repealed on the first anniversary of the first day on which all of its provisions are in operation. ═══════════════ s. 20 -- 22 of 23 -- Road Legislation Amendment Act 2007 No. 14 of 2007 21 ENDNOTES † Minister's second reading speech— Legislative Assembly: 15 March 2007 Legislative Council: 19 April 2007 The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986, the Melbourne City Link Act 1995, the EastLink Project Act 2004 and the Road Legislation (Projects and Road Safety) Act 2006 and for other purposes." Endnotes -- 23 of 23 --