ROAD SAFETY (GENERAL) REGULATIONS 2009
S.R. No. 115/2009
Version incorporating amendments as at 8 November 2011
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Road Safety (General) Regulations 2009
- TABLE OF PROVISIONS
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Regulation Page
PART 1-PRELIMINARY
1. Objectives
2. Authorising provision
3. Commencement
4. Revocation
5. Definitions
6. Certificates under section 78A, 83A or 84.
PART 2-EVIDENCE RELATING TO ALCOHOL AND DRUG OFFENCES
7. Preliminary breath test devices
8. Procedure for breath analysis
9. Certificate under section 55(4)
10. Procedure for taking blood sample
11. Procedures after taking blood samples
12. Certificate under section 57(3)
13. Certificate under section 57(4)
14. Certificate under section 57(4A)
15. Certificate under section 57(4B)
16. Oral fluid testing devices
17. Procedure for carrying out preliminary oral fluid test
18. Procedure for taking oral fluid samples under section 55E.
19. Procedure after taking oral fluid sample
20. Certificate under section 57B(3)
21. Certificate under section 57B(4)
22. Notice of immediate licence suspension
23. Particulars of report of assessment of drug impairment
24. Procedure for collecting urine sample
25. Procedures after collecting urine samples
26. Certificate under section 57A(3)
27. Certificate under section 57A(4)
28. Certificate under section 57A(5)
PART 3-EVIDENCE RELATING TO SPEEDING AND OTHER OFFENCES
Division 1-Road safety cameras and prescribed processes
29. Offences detected by road safety cameras or prescribed
processes
30. Prescribed road safety cameras
Division 2-Fixed analogue road safety cameras
31. Use of fixed analogue road safety cameras
Division 3-Mobile analogue road safety cameras
32. Testing of mobile analogue road safety cameras
33. Sealing of mobile analogue road safety cameras
34. Use of mobile analogue road safety cameras
Division 4-Fixed digital road safety cameras
35. Testing of fixed digital road safety cameras
36. Sealing of fixed digital road safety cameras
37. Use of fixed digital road safety cameras
Division 5-Mobile digital road safety cameras
38. Testing of mobile digital road safety cameras
39. Sealing of mobile digital road safety cameras
40. Use of mobile digital road safety cameras
Division 6-Speed detectors
41. Prescribed speed detectors
42. Testing of speed detectors
43. Sealing of speed detectors
44. Use of digitectors
45. Use of laser devices
46. Use of radar devices
Division 7-Prescribed processes
47. Process for production of printed image
48. Prescribed process for the calculation of average speed
Division 8-Other matters
49. Interference with road safety cameras
50. Interference with speed detectors
51. Record keeping requirements
52. Certificate as to testing and sealing road safety camera or
speed detector
Division 9-Engine management system reading devices
53. Specified engine management system reading devices
54. Use of engine management system reading device
55. Obtaining information from an engine management system reading device
PART 4-VEHICLE IMPOUNDMENT, IMMOBILISATION
AND FORFEITURE
56. Notice to driver and registered operator
57. Evidence of identity and entitlement to recover vehicle
58. Form of search and seizure warrant
59. Form of report on execution of warrant
PART 5-EVIDENCE RELATING TO MASS OF VEHICLES
60. Prescribed portable weighing devices
61. Testing of portable weighing devices
62. Prescribed limits of error for portable weighing devices
63. Sealing of portable weighing devices
64. Use of portable weighing devices
65. Certificate as to testing and sealing portable weighing devices
66. Interference with portable weighing device
PART 6-NOTICE OF REASONABLE STEPS DEFENCE
67. Information to be provided regarding reasonable steps defence
PART 7-INSPECTIONS AND SEARCHES CONCERNING HEAVY VEHICLES
68. Embargo notice
69. Information to be provided by registered operator
PART 8-PARKING INFRINGEMENTS
70. Penalties for parking infringements
71. Service of parking infringement notices
72. Summaries of parking infringements in Schedule 6.
PART 9-TRAFFIC INFRINGEMENTS
73. Prescribed traffic infringements
74. Penalties for traffic infringements
75. Prescribed details of traffic infringement notice
76. Summaries of traffic infringements in Schedule 7.
77. Payment of penalty
78. Withdrawal of traffic infringement notice
79. Proof of prior convictions or findings of guilt
PART 10-OPERATOR ONUS
80. Prescribed period for making statements
81. Prescribed period for accepting or rejecting statements
PART 11-APPLICATION OF THE ACT TO PUBLIC AUTHORITIES
82. Power to prosecute
83. Prosecution for parking offences
84. Appropriation of fines
85. Extension of the Act by the Minister
PART 11A-APPLICATION OF FEES
85A. Application of certain fees
PART 12-SAVINGS AND TRANSITIONALS
86. Transitional arrangements
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SCHEDULE
SCHEDULE 1-Revocations
SCHEDULE 2-Certificate under Section 78A.
SCHEDULE 3-Certificate under Section 83.
SCHEDULE 4-Search and Seizure Warrant
SCHEDULE 5-Report on Execution of Search and Seizure Warrant
SCHEDULE 6-Parking Infringements
SCHEDULE 7-Traffic Infringements
SCHEDULE 8-Public Authorities, Prescribed Persons and Prescribed Funds for Appropriation of Fines
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
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Road Safety (General) Regulations 2009
- SECT 1
Objectives
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1. Objectives
The objectives of these Regulations are-
(a) to prescribe devices, systems and procedures for obtaining evidence in relation to-
(i) the presence of alcohol or any other drug in samples of blood, breath or urine; and
(ii) the speed of vehicles; and
(iii) the mass of vehicles; and
(iv) other traffic offences; and
(b) to specify engine management system reading devices and procedures; and
(c) to prescribe the matters to be included in parking infringement notices and traffic infringement notices; and
(d) to prescribe the penalties for parking infringements and traffic infringements; and
(e) to provide for the application of provisions of the Act and regulations to land of public authorities; and
(f) to provide for evidentiary matters relating to impounded or immobilised vehicles; and
(fa) to provide that certain fees received by the Corporation are to be paid by the Corporation into its general fund; and
(g) to prescribe other matters authorised under the Road Safety Act 1986.
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Road Safety (General) Regulations 2009
- SECT 2
Authorising provision
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2. Authorising provision
These Regulations are made under section 95 of the Road Safety Act 1986.
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Road Safety (General) Regulations 2009
- SECT 3
Commencement
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3. Commencement
These Regulations come into operation on 9 November 2009.
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Road Safety (General) Regulations 2009
- SECT 4
Revocation
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4. Revocation
The Regulations listed in Schedule 1 are revoked.
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Road Safety (General) Regulations 2009
- SECT 5
Definitions
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5. Definitions
In these Regulations-
Act means the Road Safety Act 1986;
checksum means a number produced by the application of an algorithm to the contents of that part of a digital file that does not include the checksum;
digital file means a file in a digital format, or electronic copy of such a file, which is created and encrypted by-
(a) a road safety camera;
(b) a digital camera that records date, time and location; or
(c) the process prescribed in regulation 48-
which contains the checksum for that file;
digitector means the device known by that name which determines the speed at which a motor vehicle travels between 2 vehicle detectors on a road;
fixed analogue RSC means the road safety camera prescribed in regulation 30(a);
fixed digital RSC means a road safety camera prescribed in regulation 30(d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (p) or (q);
infringement penalty means-
(a) in relation to a parking infringement-a penalty as provided in regulation 70, or under section 87(3A) or (4) of the Act; and
(b) in relation to a traffic infringement-a penalty as provided in regulation 74;
laser device means a laser device prescribed in regulation 41;
mobile analogue RSC means a road safety camera prescribed in regulation 30(b) or (c);
mobile digital RSC means a road safety camera prescribed in regulation 30(o);
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 radar device prescribed in regulation 41;
speed calculation unit means the part or parts of a road safety camera that determine the speed of a vehicle;
testing officer means-
(a) a technical officer or the head of a faculty, school or department of electrical engineering, communications engineering or electronics engineering at a post-secondary education provider within the meaning of the Education and Training Reform Act 2006; or
(b) a person authorised in writing by the Chief Commissioner of Police or the Secretary of the Department of Justice; or
(c) a testing officer of a testing body accredited in the field of electrical testing by the National Association of Testing Authorities, Australia (NATA) ACN 004 379 748;
vehicle detector means a part of a road safety camera that detects the presence of a vehicle.
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Road Safety (General) Regulations 2009
- SECT 6
Certificates under section 78A, 83A or 84
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6. Certificates under section 78A, 83A or 84
(1) A certificate under section 84(1), (3) or (4A) of the Act must, in addition to the matters referred to in section 84(1), (3) or (4A), contain the following particulars-
(a) the expression "Road Safety Act 1986"; and
(b) the expression "Certificate under section 84(1)", "Certificate under section 84(3)" or "Certificate under section 84(4A)", as the case may be; and
(c) the name and official title of the person issuing the certificate; and
(d) in the case of a certificate issued by an authorised person, a statement to that effect; and
(e) the date on which the certificate is issued.
(2) A certificate under section 83A(1) of the Act contains the prescribed particulars if, in addition to any of the matters referred to in that section, the certificate-
(a) states that it is a certificate issued by an authorised person under section 83A of the Act; and
(b) in the case of a certificate certifying that a printed image or message was produced by a prescribed process, is issued by the person who caused or required that image or message to be printed; and
(c) certifies that, to the best of the knowledge and belief of the person issuing the certificate, the matters set out in the certificate are true and correct.
(3) For the purposes of section 78A of the Act, the prescribed form for a certificate as to the shortest distance that would be travelled on a road between 2 points is the form set out in Schedule 2.
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Road Safety (General) Regulations 2009
- SECT 7
Preliminary breath test devices
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7. 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 lion alcolmeter SD-400 Touch; and
(b) the Lion Alcolmeter, also known as the lion alcolmeter S-D2; and
(c) the lion alcolmeter SD-400PA; and
(d) the Alcolizer LE.
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Road Safety (General) Regulations 2009
- SECT 8
Procedure for breath analysis
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8. 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.
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Road Safety (General) Regulations 2009
- SECT 9
Certificate under section 55(4)
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9. 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 particulars-
(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.
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Road Safety (General) Regulations 2009
- SECT 10
Procedure for taking blood sample
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10. Procedure for taking blood sample
If a blood sample is taken by a registered medical practitioner or an approved health professional 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.
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Road Safety (General) Regulations 2009
- SECT 11
Procedures after taking blood samples
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11. Procedures after taking blood samples
(1) A registered medical practitioner or an approved health professional who takes a blood sample must ensure that-
(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 medical practitioner or approved health professional, 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 under section 55 or 55B of the Act, the registered medical practitioner or approved health professional 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 doctor or approved health professional must ensure that-
(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.
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Road Safety (General) Regulations 2009
- SECT 12
Certificate under section 57(3)
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12. Certificate under section 57(3)
A certificate under section 57(3) of the Act must contain the following particulars-
(a) a statement by the registered medical practitioner or approved health professional 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 medical practitioner or approved health professional who took the blood sample.
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Road Safety (General) Regulations 2009
- SECT 13
Certificate under section 57(4)
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13. 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 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
(c) the name and signature of the analyst; and
(d) the date on which the analysis was conducted; and
(e) a description of the contents of the identification label referred to in regulation 11(1)(d) attached to the container in which the blood sample is placed.
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Road Safety (General) Regulations 2009
- SECT 14
Certificate under section 57(4A)
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14. Certificate under section 57(4A)
A certificate under section 57(4A) of the Act must contain the following particulars-
(a) a statement by the approved 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
(c) a statement that a substance that is, or is capable of being, a drug for the purposes of the Act was present in the sample of blood analysed; and
(d) the name of the substance found to be present in the sample of blood analysed; and
(e) the name and signature of the approved analyst; and
(f) the date on which the analysis was conducted; and
(g) a description of the contents of the identification label referred to in regulation 11(1)(d) attached to the container in which the blood sample is placed.
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Road Safety (General) Regulations 2009
- SECT 15
Certificate under section 57(4B)
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15. Certificate under section 57(4B)
A certificate under section 57(4B) of the Act must contain the following particulars-
(a) a statement by the approved expert that he or she is an approved expert within the meaning of section 57 of the Act; and
(b) a statement as to the usual effect of a specified substance or substances on behaviour when consumed or used (including its effect on a person's ability to drive properly); and
(c) the name and signature of the approved expert.
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Road Safety (General) Regulations 2009
- SECT 16
Oral fluid testing devices
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16. Oral fluid testing devices
(1) The device prescribed for the purposes of section 55D of the Act is the oral fluid testing device known as the SECURETEC DRUGWIPE TWIN or the SECURETEC DRUGWIPE II TWIN.
(2) The devices prescribed for the purposes of section 55E of the Act are-
(a) the oral fluid testing device known as the SECURETEC DRUGWIPE II TWIN COMBO; and
(b) the oral fluid testing device known as the Cozart RapiScan.
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Road Safety (General) Regulations 2009
- SECT 17
Procedure for carrying out preliminary oral fluid test
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17. Procedure for carrying out preliminary oral fluid test
For the purposes of section 55D of the Act, the prescribed procedure for carrying out a preliminary oral fluid test is that the member of the police force or person authorised under section 55D(2) of the Act who conducts the test-
(a) provides a fresh oral fluid collection unit for use by a person required to provide a preliminary oral fluid sample; and
(b) uses only an oral fluid collection unit that, until required for taking the oral fluid sample, has been kept in a sealed container; and
(c) tests the oral fluid sample by using the device, or the oral fluid testing unit that is part of the device, that was used to obtain the sample.
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Road Safety (General) Regulations 2009
- SECT 18
Procedure for taking oral fluid samples under section 55E
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18. Procedure for taking oral fluid samples under section 55E
For the purposes of section 55E of the Act, an authorised officer, in taking an oral fluid sample, must-
(a) provide a fresh oral fluid collection unit for use by each person required to provide an oral fluid sample; and
(b) use only an oral fluid collection unit which, until required for taking the oral fluid sample, has been kept in a sealed container.
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Road Safety (General) Regulations 2009
- SECT 19
Procedure after taking oral fluid sample
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19. Procedure after taking oral fluid sample
An authorised officer who takes a sample of oral fluid under section 55E of the Act must ensure that the sample or, if the sample is broken into parts, each part has attached to it a label bearing-
(a) the name and signature of the authorised officer who took the oral fluid sample; and
(b) the date and time the sample was taken; and
(c) 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.
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Road Safety (General) Regulations 2009
- SECT 20
Certificate under section 57B(3)
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20. Certificate under section 57B(3)
A certificate under section 57B(3) of the Act must contain the following particulars-
(a) a statement by the person who carried out the oral fluid test that he or she is an authorised officer within the meaning of section 55E of the Act; and
(b) a statement as to whether the requirements of these Regulations for the taking and testing of oral fluid samples have been complied with; and
(c) a statement as to whether the result of the oral fluid tested indicated the oral fluid sample provided by the person contained a prescribed illicit drug; and
(d) the name of the person from whom the oral fluid sample was taken; and
(e) the time and date the oral fluid sample was taken; and
(f) the name and signature of the authorised officer who took the oral fluid sample.
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Road Safety (General) Regulations 2009
- SECT 21
Certificate under section 57B(4)
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21. Certificate under section 57B(4)
A certificate under section 57B(4) of the Act must, in addition to a statement as to the presence of a prescribed illicit drug in that sample of oral fluid, contain the following particulars-
(a) a statement by the analyst that he or she is an approved analyst within the meaning of section 57B of the Act; and
(b) a statement as to the method of analysis used; and
(c) the name and signature of the analyst; and
(d) the date on which the analysis was conducted; and
(e) a description of the contents of the identification label referred to in regulation 19 that was attached to the part of the oral fluid received for analysis.
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Road Safety (General) Regulations 2009
- SECT 22
Notice of immediate licence suspension
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22. Notice of immediate licence suspension
(1) 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 or breath (as the case requires) of the accused; and
(c) whether the person holds a full driver licence, a learner permit or a probationary driver licence; and
(d) the name and signature of the person who charged the accused; and
(e) the date on which the notice was given to the accused.
(2) A notice for the purposes of section 51(1A) 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
(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.
(3) A notice for the purposes of section 51(1B) of the Act must, in addition to the matters referred to in that section and in section 51(1C), contain the following particulars-
(a) the name and address of the person to whom the notice is issued; and
(b) a statement of the alleged concentration of alcohol in the blood or breath (as the case requires) of the person to whom the notice is issued; and
(c) whether the person holds a full driver licence, a learner permit or a probationary driver licence; and
(d) the name and signature of the person who issued the notice; and
(e) the date on which the notice was issued.
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Road Safety (General) Regulations 2009
- SECT 23
Particulars of report of assessment of drug impairment
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23. Particulars of report of assessment of drug impairment
For the purposes of section 55B(5) of the Act, the following particulars are prescribed-
(a) particulars of the identity of the person on whom the assessment was carried out, including, if known, the person's name, address, date of birth and gender; and
(b) the date and time at which the person underwent the assessment; and
(c) the place at which the person underwent the assessment; and
(d) the time (if any) reported to the member of the police force carrying out the assessment as the latest time the person drove, was in charge of or was an occupant of a motor vehicle; and
(e) whether the person underwent a preliminary breath test in accordance with section 53 of the Act or furnished a sample of breath for analysis by a breath analysing instrument and, if so, the result of the test or analysis, if known; and
(f) the record of interview of the person carried out by the member of the police force carrying out the assessment; and
(g) particulars of any medical treatment sought by or for the person; and
(h) any statements made by the person concerning a drug or drugs; and
(i) any observations made by the member of the police force carrying out the assessment of the person in relation to-
(i) any apparent injury or illness of the person;
(ii) whether the person smelt of intoxicating liquor;
(iii) the person's speech;
(iv) the person's eyes;
(v) the person's breathing;
(vi) the person's skin;
(vii) the person's movement;
(viii) the person's balance;
(ix) the state of the person's clothing;
(x) the person's actions;
(xi) the person's demeanour;
(xii) any physical signs of drug use by the person;
(xiii) the person's ability to comprehend instructions;
(xiv) the person's ability to divide attention;
(xv) whether the person, during the assessment, exhibited signs that indicated that the person was impaired by a drug or drugs; and
(j) whether the assessment, in the opinion of the member of the police force carrying it out, indicates that the person may be impaired by a drug or drugs; and
(k) the name, rank, station and signature of the member of the police force carrying out the assessment.
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Road Safety (General) Regulations 2009
- SECT 24
Procedure for collecting urine sample
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24. Procedure for collecting urine sample
A registered medical practitioner or an approved health professional who collects a urine sample for the purposes of the Act must ensure that the sample is collected in a container which is clean and dry and which has not previously been used.
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Road Safety (General) Regulations 2009
- SECT 25
Procedures after collecting urine samples
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25. Procedures after collecting urine samples
A registered medical practitioner or an approved health professional who collects a urine sample must ensure thatū
(a) the urine sample is placed in 2 dry containers, each containing approximately the same amount of urine; and
(b) each container is fitted with a tamper proof locking seal; and
(c) each container has attached to it a label bearing-
(i) the signature of the registered medical practitioner or approved health professional who collected the urine sample; and
(ii) the date and the time the sample was collected; and
(iii) the name of the person from whom the sample was collected 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 collected.
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Road Safety (General) Regulations 2009
- SECT 26
Certificate under section 57A(3)
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26. Certificate under section 57A(3)
For the purposes of section 57A(3) of the Act, the following particulars are prescribed-
(a) a statement by the registered medical practitioner or approved health professional as to whether the requirements of the Act and these Regulations for the collection of urine samples have been complied with; and
(b) the name of the person from whom the urine sample was collected 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 collected; and
(c) the time and date the urine sample was collected; and
(d) the name and signature of the registered medical practitioner or approved health professional who collected the urine sample.
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Road Safety (General) Regulations 2009
- SECT 27
Certificate under section 57A(4)
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27. Certificate under section 57A(4)
For the purposes of section 57A(4) of the Act, the following particulars are prescribed-
(a) a statement by the analyst that he or she is an approved analyst within the meaning of section 57A of the Act; and
(b) a statement as to the method of analysis used; and
(c) a statement that a substance that is, or is capable of being, a drug for the purposes of the Act was present in the urine sample analysed; and
(d) the name of the substance found to be present in the urine sample analysed; and
(e) the concentration of the substance found to be present in the urine sample analysed; and
(f) the name and signature of the analyst; and
(g) the date on which the analysis was conducted; and
(h) a description of the contents of the identification label referred to in regulation 25(c) attached to the container in which the urine sample is placed.
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Road Safety (General) Regulations 2009
- SECT 28
Certificate under section 57A(5)
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28. Certificate under section 57A(5)
For the purposes of section 57A(5) of the Act, the following particulars are prescribed-
(a) a statement by the expert that he or she is an approved expert within the meaning of section 57A of the Act; and
(b) a statement as to the usual effect of a specified substance or substances on behaviour when consumed or used in that concentration (including its effect on a person's ability to drive properly); and
(c) the name and signature of the approved expert.
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Division 1-Road safety cameras and prescribed processes
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Road Safety (General) Regulations 2009
- SECT 29
Offences detected by road safety cameras or prescribed processes
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29. Offences detected by road safety cameras or prescribed processes
(1) For the purposes of section 66 of the Act the prescribed offences which may be detected by a prescribed road safety camera are-
(a) all offences in the Act or the Road Safety Road Rules 2009 which involve a driver exceeding the applicable speed limit; and
(b) all offences in the Act or the Road Safety Road Rules 2009 which involve a driver disobeying a traffic signal, including where the vehicle enters a level crossing; and
(c) all offences in the Act or the Road Safety Road Rules 2009 which involve driving in a lane, such as a bus lane or transit lane, when not permitted to do so; and
(d) all offences in the Act or the Road Safety (Vehicles) Regulations 1999 which involve the use of a motor vehicle or trailer that is not registered.
(2) For the purposes of section 66 of the Act the prescribed offences which may be detected by the process prescribed in regulation 48 are all offences in the Act or the Road Safety Road Rules 2009 which involve a driver exceeding the applicable speed limit.
$$A
$$T
Road Safety (General) Regulations 2009
- SECT 30
Prescribed road safety cameras
$$T
$$NSECT
30. Prescribed road safety cameras
For the purposes of the definition of prescribed road safety camera in section 3(1) of the Act, the following camera systems are prescribed-
(a) the camera system known as the Gatso Meter R.L.C.; and
(b) the camera system known as the Traffipax Speedophot Radar Unit; and
(c) the camera system known as the Gatsometer MRC System; and
(d) the camera system known as the Locktronics LaserCam Plus System; and
(e) the camera system known as the Redflex SMARTCAM Speed System; and
(f) the camera system known as the Poltech SafeCam Mk 1; and
(g) the camera system known as the DCD ROBOT Digital Smart Camera; and
(h) the camera system known as the Poltech SafeCam Red Light/Speed Mk 1; and
(i) the camera system known as the REDFLEXred-speed system; and
(j) the camera system known as the REDFLEXred-speed HDX system; and
(k) the camera system known as the REDFLEXlasercam FDSC; and
(l) the camera system known as the ROBOT TRAFFIPAX TraffiPhot III SR; and
(m) the camera system known as the ROBOT TRAFFIPAX TraffiStar SR520; and
(n) the camera system known as the Gatsometer Digital Radar Camera System-Parabolic (DRCS-P); and
(o) the camera system known as the Gatsometer Radar24-GS11; and
(p) the camera system known as the Gatsometer GTC-GS11; and
(q) the camera system known as the REDFLEXred-speed HDX Optical system; and
(r) the camera system known as the PoliScan Speed; and
(s) the camera system known as the PoliScan Speed Mobile.
$$NDIVISION
Division 2-Fixed analogue road safety cameras
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$$T
Road Safety (General) Regulations 2009
- SECT 31
Use of fixed analogue road safety cameras
$$T
$$NSECT
31. Use of fixed analogue road safety cameras
For the purposes of sections 80, 80A, 84(7) and 84H(2)(a) of the Act, a fixed analogue RSC is used in the prescribed manner if the person placing or removing the system or loading or unloading the film magazine into or from the system-
(a) checks the time, date and location code in the display of the system 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 system; and
(b) 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
(c) tests the system to ensure the correct activation of the system by vehicles passing over the detectors; and
(d) ensures that when the system is installed and left unattended it is kept in a locked housing.
$$NDIVISION
Division 3-Mobile analogue road safety cameras
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$$T
Road Safety (General) Regulations 2009
- SECT 32
Testing of mobile analogue road safety cameras
$$T
$$NSECT
32. Testing of mobile analogue road safety cameras
For the purposes of sections 81 and 84(7) of the Act, a mobile analogue RSC is tested in the prescribed manner if the testing officer who tests the system-
(a) is satisfied that the system is in a satisfactory electrical condition and, in particular, that any maintenance carried out on the system has been carried out in a satisfactory manner; and
(b) is satisfied that the speed calculation unit is properly calibrated so that it indicates 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.
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$$T
Road Safety (General) Regulations 2009
- SECT 33
Sealing of mobile analogue road safety cameras
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$$NSECT
33. Sealing of mobile analogue road safety cameras
A mobile analogue RSC is sealed in the prescribed manner for the purposes of sections 81 and 84(7) of the Act if the speed calculation unit is sealed-
(a) by the testing officer who carried out the test under regulation 32; and
(b) with a seal that effectively prevents interference with the time measuring or speed computing components of the speed calculation unit without breaking the seal.
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$$T
Road Safety (General) Regulations 2009
- SECT 34
Use of mobile analogue road safety cameras
$$T
$$NSECT
34. Use of mobile analogue road safety cameras
For the purposes of sections 80, 80A, 81, 84(7) and 84H(2)(a) of the Act, a mobile analogue RSC is used in the prescribed manner if-
(a) the system is used in accordance with operating instructions approved by a testing officer; and
(b) the speed calculation unit has been tested in accordance with regulation 32 within 12 months before the occasion of its use; and
(c) the speed calculation unit has been sealed in accordance with regulation 33 at the time that it was last tested.
$$NDIVISION
Division 4-Fixed digital road safety cameras
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$$T
Road Safety (General) Regulations 2009
- SECT 35
Testing of fixed digital road safety cameras
$$T
$$NSECT
35. Testing of fixed digital road safety cameras
For the purposes of sections 81 and 84(7) of the Act, a fixed digital RSC is tested in the prescribed manner if the testing officer who tests the system-
(a) is satisfied that the system is in a satisfactory electrical condition and, in particular, that any maintenance carried out on the system has been carried out in a satisfactory manner; and
(b) is satisfied that the speed calculation unit (if any) is properly calibrated so that it indicates speed readings within a limit of error not greater than or less than 2 kilometres per hour or 2 per cent (whichever is greater) of the true speeds.
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$$T
Road Safety (General) Regulations 2009
- SECT 36
Sealing of fixed digital road safety cameras
$$T
$$NSECT
36. Sealing of fixed digital road safety cameras
A fixed digital RSC is sealed in the prescribed manner for the purposes of sections 81 and 84(7) of the Act if the speed calculation unit of the system is sealed-
(a) by the testing officer who carried out the test under regulation 35; and
(b) with a seal that effectively prevents interference with the time measuring or speed computing components of the speed calculation unit without breaking the seal.
$$A
$$T
Road Safety (General) Regulations 2009
- SECT 37
Use of fixed digital road safety cameras
$$T
$$NSECT
37. Use of fixed digital road safety cameras
For the purposes of sections 80, 80A, 81, 83A(1), 84(7) and 84H(2)(a) of the Act, a fixed digital RSC is used in the prescribed manner if-
(a) the speed calculation unit (if any) has been tested in accordance with regulation 35 within 12 months before the occasion of its use; and
(b) the vehicle detectors have been placed in position as specified by a manufacturer of fixed digital RSCs or by a party who distributes or maintains them; and
(c) the speed calculation unit (if any) has been sealed in accordance with regulation 36; and
(d) a person placing or removing the speed calculation unit or the RSC or switching on or resetting the RSC after it has been inoperable for any reason-
(i) checks the time, date and location code and makes any corrections that may be necessary to ensure that the correct data is recorded in the digital file; and
(ii) checks that the vehicle detectors are correctly responding to the movement of vehicles at the location; and
(iii) ensures that when the speed calculation unit (if any) and RSC are installed and left unattended they are kept in one or more locked housings.
$$NDIVISION
Division 5-Mobile digital road safety cameras
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$$T
Road Safety (General) Regulations 2009
- SECT 38
Testing of mobile digital road safety cameras
$$T
$$NSECT
38. Testing of mobile digital road safety cameras
For the purposes of sections 81 and 84(7) of the Act, a mobile digital RSC is tested in the prescribed manner if the testing officer who tests the system-
(a) is satisfied that the system is in a satisfactory electrical condition and, in particular, that any maintenance carried out on the system has been carried out in a satisfactory manner; and
(b) is satisfied that the speed calculation unit is properly calibrated so that 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.
$$A
$$T
Road Safety (General) Regulations 2009
- SECT 39
Sealing of mobile digital road safety cameras
$$T
$$NSECT
39. Sealing of mobile digital road safety cameras
A mobile digital RSC is sealed in the prescribed manner for the purposes of sections 81 and 84(7) of the Act if the speed calculation unit is sealed-
(a) by the testing officer who carried out the test under regulation 38; and
(b) with a seal that effectively prevents interference with the time measuring or speed computing components of the speed calculation unit without breaking the seal.
$$A
$$T
Road Safety (General) Regulations 2009
- SECT 40
Use of mobile digital road safety cameras
$$T
$$NSECT
40. Use of mobile digital road safety cameras
For the purposes of sections 80, 80A, 81, 83A(1), 84(7) and 84H(2)(a) of the Act, a mobile digital RSC is used in the prescribed manner if-
(a) the speed calculation unit is used in accordance with operating instructions approved by a testing officer; and
(b) the speed calculation unit has been tested in accordance with regulation 38 within 12 months before the occasion of its use; and
(c) the speed calculation unit has been sealed in accordance with regulation 39 at the time that it was last tested.
$$NDIVISION
Division 6-Speed detectors
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$$T
Road Safety (General) Regulations 2009
- SECT 41
Prescribed speed detectors
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$$NSECT
41. Prescribed speed detectors
For the purposes of the definition of prescribed speed detector in section 3(1) of the Act, the following speed detectors are prescribed-
(a) a digitector; and
(b) the following laser devices-
(i) the LTI 20.20 Marksman AT;
(ii) the Prolaser 11 Model Auslaser;
(iii) the LTI 20-20 Ultralyte LR;
(iv) the Prolaser III;
(v) the Pro-Lite;
(vi) the Pro-Lite +; and
(c) the following radar devices-
(i) the Kustom HR4;
(ii) the Kustom Falcon;
(iii) the Kustom KR-10SP;
(iv) the Kustom Golden Eagle;
(v) the Kustom Silver Eagle;
(vi) the Silver Eagle II;
(vii) the Stalker Dual DSR;
(viii) the Directional Golden Eagle II;
(ix) the Falcon HR;
(x) the Raptor RP-1.
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$$T
Road Safety (General) Regulations 2009
- SECT 42
Testing of speed detectors
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$$NSECT
42. Testing of speed detectors
For the purposes of section 79 of the Act, a speed detector is tested in the prescribed manner if the testing officer who tests the device-
(a) is satisfied that the device is in a satisfactory electrical condition and, in particular, that any maintenance carried out on the device has been carried out in a satisfactory manner; and
(b) is satisfied that the device is properly calibrated so that it indicates the speed readings within a limit of error not greater or less than 2 km per hour of the true speeds.
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$$T
Road Safety (General) Regulations 2009
- SECT 43
Sealing of speed detectors
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$$NSECT
43. Sealing of speed detectors
A prescribed speed detector is sealed in the prescribed manner for the purposes of section 79 of the Act if-
(a) the device is sealed-
(i) by the testing officer who carried out the test under regulation 42; and
(ii) with a seal that effectively prevents interference with the time measuring or speed computing components of the device without breaking the seal.
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$$T
Road Safety (General) Regulations 2009
- SECT 44
Use of digitectors
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$$NSECT
44. Use of digitectors
A digitector is used in the prescribed manner for the purposes of sections 79 of the Act if-
(a) the 2 vehicle detectors which form part of the digitector are, when used with the time measuring and speed computing components of the device for determining the speed at which a motor vehicle travels on a road, positioned across the road approximately parallel to each other at a distance of 25 metres apart within a limit of error that is not greater than 75 millimetres; and
(b) the digitector has been tested in accordance with regulation 42 within a period of 2 years before the occasion of its use; and
(c) the digitector has been sealed in accordance with regulation 43 at the time that it was last tested.
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$$T
Road Safety (General) Regulations 2009
- SECT 45
Use of laser devices
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$$NSECT
45. Use of laser devices
A laser device is used in the prescribed manner for the purposes of section 79 of the Act if-
(a) whenever the operator connects the laser device to a source of electricity, the operator ensures that all elements of the speed display are illuminated; and
(b) the operator activates the device with the device aimed in the direction of a motor vehicle within the operator's field of vision and observes the reading displayed on the digital speed display; and
(c) the device has been tested in accordance with regulation 42 within 12 months before the occasion of its use; and
(d) the device has been sealed in accordance with regulation 43 at the time that it was last tested.
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$$T
Road Safety (General) Regulations 2009
- SECT 46
Use of radar devices
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$$NSECT
46. Use of radar devices
A radar device is used in the prescribed manner for the purposes of section 79 of the Act if-
(a) whenever the operator connects the radar device to a source of electricity, the operator ensures that-
(i) in the case of the Falcon HR and the Raptor RP-1, all of the elements of the digital speed display are illuminated; and
(ii) in the case of all other radar devices, a reading of (888) is displayed on the digital target speed display; and
(b) the doppler audio signal of the radar device is set at a level clearly audible to the operator who may take a reading if the signal indicates normal operation; and
(c) in the case of the Kustom HR4, Kustom Falcon and the Falcon HR, the operator activates the device with the device aimed in the direction of a motor vehicle within the operator's field of vision and observes the reading displayed on the digital target speed display; and
(d) in the case of the Kustom KR-10SP, the Kustom Golden Eagle, the Kustom Silver Eagle, the Silver Eagle II, the Stalker Dual DSR, the Directional Golden Eagle II, and the Raptor RP-1, the operator activates the device with the antenna set in the direction of a motor vehicle within the operator's field of vision and observes the reading displayed on the digital target speed display; and
(e) the device has been tested in accordance with regulation 42 within 12 months before the occasion of its use; and
(f) the device has been sealed in accordance with regulation 43 at the time that it was last tested.
$$NDIVISION
Division 7-Prescribed processes
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$$T
Road Safety (General) Regulations 2009
- SECT 47
Process for production of printed image
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$$NSECT
47. Process for production of printed image
An image or message is produced by a prescribed process used in the prescribed manner for the purposes of sections 80(1)(b), 80A, 81(1)(c), 81(2), 83A(1) and 84(7) of the Act if-
(a) a printed image is produced from a digital file; and
(b) the data contained in the digital file has been verified by a computer-
(i) decrypting that digital file; and
(ii) recalculating the checksum produced for that file; and
(iii) confirming that the checksum produced by the recalculation is identical to the checksum contained in that file; and
(c) the printed image contains an image derived from the digital file (with or without decompressing the image) and a message containing data relating to an offence prescribed in regulation 29(1).
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$$T
Road Safety (General) Regulations 2009
- SECT 48
Prescribed process for the calculation of average speed
$$T
$$NSECT
48. Prescribed process for the calculation of average speed
For the purposes of section 66 of the Act, the following process is prescribed-
(a) a computer receives digital files from 2 or more road safety cameras where each digital file contains-
(i) an image of the same motor vehicle; and
(ii) data indicating the date on which, and the time and place at which, the image was captured by the road safety camera; and
(iii) data indicating the speed limit at the time and place at which the image was captured; and
(b) using that data the computer calculates the average speed of the motor vehicle in accordance with section 78(2) of the Act; and
(c) the computer creates a digital file containing the matters referred to in paragraphs (a) and (b).
$$NDIVISION
Division 8-Other matters
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$$T
Road Safety (General) Regulations 2009
- SECT 49
Interference with road safety cameras
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$$NSECT
49. Interference with road safety cameras
A person must not, without reasonable excuse, wilfully interfere with a road safety camera or any seal affixed to a road safety camera or any housing in which a road safety camera is placed or installed.
P 5 penalty units.
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$$T
Road Safety (General) Regulations 2009
- SECT 50
Interference with speed detectors
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$$NSECT
50. Interference with speed detectors
A person must not, without reasonable excuse, wilfully interfere with a speed detector or any seal affixed to a speed detector or any housing in which a speed detector is placed or installed.
P 5 penalty units.
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$$T
Road Safety (General) Regulations 2009
- SECT 51
Record keeping requirements
$$T
$$NSECT
51. Record keeping requirements
(1) A testing officer who tests a mobile analogue RSC under regulation 32 must record, and retain for at least 7 years, the results of the test, including a statement showing the speed readings of the system and the true speeds.
(2) A testing officer who seals a speed calculation unit for the purpose of sealing a mobile analogue RSC in the prescribed manner, in accordance with regulation 33, must record, sign, and retain for at least 7 years, the following particulars-
(a) the identification number of the speed calculation unit; and
(b) the date on which the test was carried out; and
(c) the manner in which the speed calculation unit was sealed.
(3) A testing officer who tests a fixed digital RSC under regulation 35 must record, and retain for at least 7 years, the results of the test, including a statement showing the speed readings of the system and the true speeds.
(4) A testing officer who seals a speed calculation unit for the purpose of sealing a fixed digital RSC in the prescribed manner, in accordance with regulation 36, must record, sign, and retain for at least 7 years, the following particulars-
(a) the identification number of the speed calculation unit; and
(b) the date on which the test was carried out; and
(c) the manner in which the speed calculation unit was sealed.
(5) A testing officer who tests a mobile digital RSC under regulation 38 must record, and retain for at least 7 years, the results of the test, including a statement showing the speed readings of the system and the true speeds.
(6) A testing officer who seals a speed calculation unit for the purpose of sealing a mobile digital road safety camera in the prescribed manner, in accordance with regulation 39, must record, sign, and retain for at least 7 years, the following particulars-
(a) the identification number of the speed calculation unit; and
(b) the date on which the test was carried out; and
(c) the manner in which the speed calculation unit was sealed.
(7) A testing officer who tests a speed detector under regulation 42 must record, and retain for at least 7 years, the results of the test, including-
(a) 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
(b) the date of the test and the ambient temperature at the time of the test.
(8) A testing officer who seals a speed detector under regulation 43 must record, sign, and retain for at least 7 years, the following particulars:
(a) the identification number of the device; and
(b) the date on which the test was carried out; and
(c) the manner in which the device was sealed.
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$$T
Road Safety (General) Regulations 2009
- SECT 52
Certificate as to testing and sealing road safety camera or speed detector
$$T
$$NSECT
52. Certificate as to testing and sealing road safety camera or speed detector
(1) For the purposes of section 83 of the Act, a certificate in relation to the testing and sealing of a road safety camera or a speed detector is in the prescribed form if it is in the form set out in Schedule 3.
(2) A testing officer is authorised to sign a certificate referred to in subregulation (1).
$$NDIVISION
Division 9-Engine management system reading devices
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$$T
Road Safety (General) Regulations 2009
- SECT 53
Specified engine management system reading devices
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$$NSECT
53. Specified engine management system reading devices
For the purposes of sections 14(1A) and 79A of the Act, the following engine management system reading devices are specified-
(a) a Pro-Link GRAPHIQ that has been fitted with-
(i) an application cartridge applicable to the type of engine to be tested; or
(ii) a multi-protocol cartridge containing an application card applicable to the type of engine to be tested; and
(b) a computer that is running a version or variant of one or more of the following types of software-
(i) Detroit Diesel Diagnostic Link;
(ii) Cummins Insite;
(iii) Cat Electronic Technician.
$$A
$$T
Road Safety (General) Regulations 2009
- SECT 54
Use of engine management system reading device
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$$NSECT
54. Use of engine management system reading device
For the purposes of section 14(1A) of the Act, an engine management system reading device is used in accordance with the Regulations if-
(a) it is connected to the electronic control module of a vehicle; and
(b) the information contained in that electronic control module relevant to the vehicle's operation is transferred-
(i) in the case of an engine management system reading device specified in regulation 53(a), to a printer connected to the device; or
(ii) in the case of an engine management system reading device specified in regulation 53(b), into the device's memory.
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$$T
Road Safety (General) Regulations 2009
- SECT 55
Obtaining information from an engine management system reading device
$$T
$$NSECT
55. Obtaining information from an engine management system reading device
For the purposes of section 79A of the Act-
(a) an engine management system reading device is operated in the manner specified in the Regulations if the engine management system reading device is connected to the electronic control module of a vehicle; and
(b) information held in a vehicle's engine management system is derived in accordance with the Regulations if the information contained in the electronic control module relevant to the vehicle's operation is transferred-
(i) in the case of an engine management system reading device specified in regulation 53(a), to a printer connected to the device; or
(ii) in the case of an engine management system reading device specified in regulation 53(b), into the device's memory.
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$$T
Road Safety (General) Regulations 2009
- SECT 56
Notice to driver and registered operator
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$$NSECT
56. Notice to driver and registered operator
For the purposes of section 84L(h) of the Act, the following particulars are prescribed-
(a) the driver's address, sex and date of birth;
(b) the number, type and expiry date of the driver's driver licence;
(c) if the driver is not the registered operator of the motor vehicle, the name, address and other details of the registered operator;
(d) if the motor vehicle is moved to a holding yard by use of a tow truck, the name of the operator of the tow truck;
(e) the details of the member of the police force who seized the motor vehicle or required it to be surrendered;
(f) advice that it is an offence to move an impounded motor vehicle without authorisation;
(g) if the notice is given to the registered operator of the motor vehicle who is not the owner or sole owner of the motor vehicle, advice that the registered operator must take reasonable steps to serve a copy of the notice on any owner as soon as reasonably practicable.
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$$T
Road Safety (General) Regulations 2009
- SECT 57
Evidence of identity and entitlement to recover vehicle
$$T
$$NSECT
57. Evidence of identity and entitlement to recover vehicle
(1) For the purposes of section 84Q of the Act, satisfactory evidence of the identity and entitlement to recover a motor vehicle of a person who is the registered operator of the motor vehicle is-
(a) the production of the person's current driver licence bearing a photograph of the person; or
(b) identification sufficient to satisfy a 100 point verification check pursuant to the Financial Transaction Reports Act 1988 of the Commonwealth; or
(c) other evidence that in the reasonable opinion of a member of the police force satisfactorily establishes the person's identity and entitlement to recover the vehicle.
(2) For the purposes of section 84Q of the Act, satisfactory evidence of the identity and entitlement to recover a motor vehicle of a person who is not the registered operator of the motor vehicle is-
(a) the following evidence of the person's identity-
(i) the person's current driver licence bearing a photograph of the person; or
(ii) identification sufficient to satisfy a 100 point verification check pursuant to the Financial Transaction Reports Act 1988 of the Commonwealth; or
(iii) other evidence that in the reasonable opinion of a member of the police force satisfactorily establishes the person's identity; and
(b) the following evidence of entitlement to recover the vehicle-
(i) a written statement signed by the registered operator authorising the release of the vehicle to the person; or
(ii) other evidence that in the reasonable opinion of a member of the police force satisfactorily establishes the person's entitlement to recover the vehicle.
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$$T
Road Safety (General) Regulations 2009
- SECT 58
Form of search and seizure warrant
$$T
$$NSECT
58. Form of search and seizure warrant
For the purposes of section 84ZH(4) of the Act, the prescribed form of a search and seizure warrant is the form in Schedule 4.
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$$T
Road Safety (General) Regulations 2009
- SECT 59
Form of report on execution of warrant
$$T
$$NSECT
59. Form of report on execution of warrant
For the purposes of section 84ZO(2) of the Act, the prescribed form of a report on the execution of a search and seizure warrant is the form in Schedule 5.
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$$T
Road Safety (General) Regulations 2009
- SECT 60
Prescribed portable weighing devices
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$$NSECT
60. Prescribed portable weighing devices
A portable weighing device is a prescribed device for the purposes of section 82 of the Act.
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$$T
Road Safety (General) Regulations 2009
- SECT 61
Testing of portable weighing devices
$$T
$$NSECT
61. Testing of portable weighing devices
(1) For the purposes of section 82 of the Act, a portable weighing device is tested in the prescribed manner if-
(a) the load applied for the purposes of testing a portable weighing device is one tonne or more for a single device and 2 tonnes or more for a pair of devices; and
(b) a technical officer, or the head, of the Engineering Department of the University of Melbourne is satisfied that the device operates within the limits of error in regulation 62; and
(c) in the case of portable weighing devices tested in pairs-
(i) each device so tested is used only with the other device with which it was tested; and
(ii) the prescribed limit of error is calculated on the sum of the readings of the two devices; and
(iii) the devices so tested are either passed or failed together.
(2) A portable weighing device must be tested by a technical officer, or the head, of the Engineering Department of the University of Melbourne-
(a) before it is first used; and
(b) at least once every 12 months after it is first used.
(3) The University of Melbourne must ensure that full and accurate records of all portable weighing devices tested are kept for at least 7 years, including-
(a) the identification number of each device; and
(b) the date on which the test was carried out; and
(c) the results of the test.
(4) The records of the test must be signed by the person who carried out the test.
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$$T
Road Safety (General) Regulations 2009
- SECT 62
Prescribed limits of error for portable weighing devices
$$T
$$NSECT
62. 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.
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$$T
Road Safety (General) Regulations 2009
- SECT 63
Sealing of portable weighing devices
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$$NSECT
63. 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 61 and 62 and the device has satisfied the test requirements; and
(b) the device is sealed by the person 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.
(2) The University of Melbourne must ensure that full and accurate records of all portable weighing devices sealed are kept for at least 7 years, including-
(a) the identification number of each device sealed; and
(b) the date on which the device was sealed; and
(c) the manner in which the device was sealed.
(3) The records in subregulation (2) must be signed by the person who sealed the device.
(4) 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 61 and sealed again in accordance with this regulation.
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$$T
Road Safety (General) Regulations 2009
- SECT 64
Use of portable weighing devices
$$T
$$NSECT
64. Use of portable weighing devices
A portable weighing device is used in the prescribed manner for the purposes of section 82 of the Act if-
(a) to ascertain the mass carried on a single axle-
(i) the device is placed under each of any 2 tyres on the axle so that the whole mass borne by the axle is borne by or on the device; and
(ii) the reading on the device used to ascertain the mass is taken while the axle load is borne by the device; and
(iii) in the case of more than one device being used to ascertain the mass, the mass carried on the axle is calculated as the sum of the readings of each of the devices; and
(b) to ascertain the mass carried on a group of axles, the mass carried on the axles is calculated as the sum of the mass carried on the axles comprising the group.
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$$T
Road Safety (General) Regulations 2009
- SECT 65
Certificate as to testing and sealing portable weighing devices
$$T
$$NSECT
65. Certificate as to 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 3.
(2) A person in the Engineering Department of the University of Melbourne who tests and seals portable weighing devices is authorised to sign a certificate for the purposes of section 83 of the Act.
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Road Safety (General) Regulations 2009
- SECT 66
Interference with portable weighing device
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$$NSECT
66. Interference with portable weighing device
A person must not, without reasonable excuse, wilfully interfere with the mechanism or circuitry of a portable weighing device or the seal affixed to such a device.
P 5 penalty units.
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$$T
Road Safety (General) Regulations 2009
- SECT 67
Information to be provided regarding reasonable steps defence
$$T
$$NSECT
67. Information to be provided regarding reasonable steps defence
(1) This Part applies to the following offences under the Act-
(a) a breach of section 174 or 175 of the Act where the vehicle is in breach of a mass limit so far as the reasonable steps defence relates to reliance on the weight stated in a container weight declaration; and
(b) a breach of section 184, 185 or 186 of the Act.
(2) An authorised officer who issues a traffic infringement notice to a person for an offence to which this Part applies must also give that person a notice which complies with subregulation (3).
(3) A notice under subregulation (2) must-
(a) state that the person may have the benefit of the reasonable steps defence if the person is charged with the offence to which the traffic infringement notice relates; and
(b) state that if a person intends to rely on the reasonable steps defence, the person must elect to have the matter of the traffic infringement heard and determined in a court and consequently be charged with the offence for which the traffic infringement notice was issued; and
(c) state that if the person pays the infringement penalty set out in the traffic infringement notice, the reasonable steps defence is not available to the person; and
(d) include a copy of sections 179 and 180 of the Act.
Note
Sections 179 and 180 of the Act set out the circumstances in which a person may have the benefit of the reasonable steps defence.
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Road Safety (General) Regulations 2009
- SECT 68
Embargo notice
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$$NSECT
68. Embargo notice
An embargo notice under section 142(2) of the Act must contain the following details in addition to the matters required by sections 142(4)(b) and 142(4)(c) of the Act-
(a) a description of the thing that has been embargoed; and
(b) either the name of the person on whom the notice was served or a statement that the notice has been affixed to the thing; and
(c) the name, signature and business telephone number of the inspector who issued the notice; and
(d) the date on which the notice was served or affixed.
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Road Safety (General) Regulations 2009
- SECT 69
Information to be provided by registered operator
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$$NSECT
69. Information to be provided by registered operator
(1) In addition to the name and address of the operator of the vehicle at the time of the offence (the operator), the registered operator must include the following information in a statutory declaration made for the purposes of section 201(5) of the Act-
(a) if the vehicle was not physically connected to any other vehicle at the time of the offence-
(i) a statement setting out by, or under, what or whose authority (whether oral or written) the operator had control, use or management of the vehicle at the time of the offence; and
(ii) the address of any premises (other than the address of the operator) from which the operator, or a person acting on behalf of the operator, had the control, use or management of the vehicle at the time of the offence;
(b) if the vehicle was part of a group of vehicles that were physically connected at the time of the offence-
(i) if the vehicle was the towing vehicle, the name and address of the operator of every other vehicle forming part of the group at the time of the offence; and
(ii) if the vehicle was a trailer, the name and address of the operator of the towing vehicle; and
(iii) a statement setting out by, or under, what or whose authority (whether oral or written) the operator had control, use or management of the vehicle at the time of the offence; and
(iv) the address of any premises (other than the address of the operator) from which the operator, or a person acting on behalf of the operator, had the control, use or management of the vehicle at the time of the offence.
(2) For the purposes of section 201(5) of the Act, the time within which the statutory declaration must be given to the Corporation is-
(a) before, or within 28 days after, the service of a summons in respect of the offence; or
(b) if an infringement notice was served on the registered operator in respect of the offence, before the infringement penalty has been lodged with an infringements registrar under Part 4 of the Infringements Act 2006.
(3) For the purposes of section 201(5) of the Act, the statutory declaration must be given to the Corporation by delivering it personally or by post.
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Road Safety (General) Regulations 2009
- SECT 70
Penalties for parking infringements
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$$NSECT
70. Penalties for parking infringements
For the purposes of section 87(3) of the Act, the infringement penalty for a parking infringement prescribed in column 4 of Schedule 6 is the amount prescribed in column 5 of that Schedule for that parking infringement.
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Road Safety (General) Regulations 2009
- SECT 71
Service of parking infringement notices
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$$NSECT
71. Service of parking infringement notices
(1) For the purposes of section 87 of the Act, a parking infringement notice may be served in accordance with section 12 of the Infringements Act 2006.
(2) If a parking infringement notice is served by affixing or placing the notice on a vehicle in accordance with section 12(1)(c) of the Infringements Act 2006, the notice must be affixed 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.
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$$T
Road Safety (General) Regulations 2009
- SECT 72
Summaries of parking infringements in Schedule 6
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$$NSECT
72. Summaries of parking infringements in Schedule 6
A summary of a parking infringement in Schedule 6 is not to be taken to affect the nature or elements of the infringement to which the summary refers or the operation of these Regulations.
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Road Safety (General) Regulations 2009
- SECT 73
Prescribed traffic infringements
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$$NSECT
73. Prescribed traffic infringements
For the purposes of the definition of traffic infringement in section 3 of the Act, an offence set out in column 4 of Schedule 7 is a prescribed offence for the purposes of Part 7 of the Act.
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Road Safety (General) Regulations 2009
- SECT 74
Penalties for traffic infringements
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$$NSECT
74. Penalties for traffic infringements
For the purposes of section 88(5) of the Act, the infringement penalty for a traffic infringement prescribed in column 4 of Schedule 7 is the amount prescribed in column 5 of that Schedule for that traffic infringement.
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Road Safety (General) Regulations 2009
- SECT 75
Prescribed details of traffic infringement notice
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$$NSECT
75. Prescribed details of traffic infringement notice
(1) For the purposes of section 88(2)(c) of the Act, the additional prescribed details that must be contained in a traffic infringement notice are-
(a) in the case of an infringement notice issued in respect of an offence prescribed in regulation 29-
(i) the words "The Operator"; and
(ii) that it is an infringement notice in relation to an offence detected by a road safety camera; and
(b) if the alleged traffic infringement arises out of driving or being in charge of a motor vehicle or trailer, the registration number or other identification of the motor vehicle or trailer; and
(c) if the traffic infringement notice relates to an alleged drink-driving infringement or excessive speed infringement-
(i) that it is issued in respect of a drink-driving infringement or excessive speed infringement (as the case requires); and
(ii) that unless a notice of objection is received at the address specified in the notice within 28 days after the date 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; and
(d) if the traffic infringement notice relates to an alleged drug-driving infringement, that-
(i) it is issued in respect of a drug-driving infringement; and
(ii) unless a notice of objection is received at the address specified in the notice within 28 days after the date of the notice, the notice will take effect as a conviction and will result in suspension of the licence or permit of the person on whom it is served; and
(e) if the notice is issued in respect of an offence prescribed in regulation 29, a statement that a copy of the image or message produced by a road safety camera of the alleged traffic infringement may be inspected or purchased and the manner in which the inspection or purchase may be arranged; and
(f) if the notice is issued in respect of a drink-driving infringement, drug-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.
Note
These details are in addition to the prescribed details that are required to be included in an infringement notice under regulation 8 of the Infringements (Reporting and Prescribed Details and Forms) Regulations 2006.
(2) An infringement notice issued in respect of a drink-driving infringement, drug-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.
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Road Safety (General) Regulations 2009
- SECT 76
Summaries of traffic infringements in Schedule 7
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$$NSECT
76. Summaries of traffic infringements in Schedule 7
A summary of a traffic infringement set out in Schedule 7 is not to be taken to affect the nature or elements of the offence to which the summary refers or the operation of these Regulations.
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Road Safety (General) Regulations 2009
- SECT 77
Payment of penalty
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$$NSECT
77. Payment of penalty
Payment of a penalty under section 89C(7) or 89D(6) of the Act may be made by posting or delivering the amount of the infringement penalty to the address specified in the infringement notice as the address for payment of the infringement penalty.
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Road Safety (General) Regulations 2009
- SECT 78
Withdrawal of traffic infringement notice
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$$NSECT
78. Withdrawal of traffic infringement notice
For the purposes of sections 88(3) and 89A(7) of the Act, a withdrawal notice-
(a) must be served in accordance with section 93 of the Act; and
(b) must contain the following 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 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.
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Road Safety (General) Regulations 2009
- SECT 79
Proof of prior convictions or findings of guilt
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$$NSECT
79. Proof of prior convictions or findings of guilt
(1) For the purposes of section 90(1) of the Act, a document setting out particulars of alleged prior convictions or findings of guilt must contain the following particulars-
(a) the name and address of the person to whom it applies; and
(b) in respect of each alleged prior conviction or finding of guilt-
(i) the court that convicted the person or found the person guilty; and
(ii) the date of the alleged conviction or finding of guilt; and
(iii) a short description of the alleged offence and a short description of the alleged penalty imposed.
(2) For the purposes of section 90(2)(a) of the Act, the prescribed particulars are a statement that the document will be admissible as evidence that the person has been previously convicted or found guilty as alleged if-
(a) the person does not appear in answer to the summons served with the notice; and
(b) the person is convicted or found guilty of the infringement alleged in the summons.
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Road Safety (General) Regulations 2009
- SECT 80
Prescribed period for making statements
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$$NSECT
80. Prescribed period for making statements
(1) Subject to subregulation (2), for the purposes of sections 84BE(1)(a) and 84BF(1)(a) of the Act, the prescribed period is-
(a) in the case of an infringement notice served in respect of an excessive speed infringement, the period beginning on the date of the notice and ending immediately before a conviction takes effect under section 89A(2) of the Act; and
Note
Under section 89A(2) of the Act, a traffic infringement notice that is issued in respect of an excessive speed infringement, takes effect as a conviction for the offence specified in the notice 28 days after the date of the notice.
(b) in the case of an infringement notice served in respect of any other operator onus offence-
(i) if the infringement notice was served on a person other than a child and the offence is a lodgeable infringement offence within the meaning of the Infringements Act 2006, the period beginning on the date of the notice and ending immediately before the details of the infringement penalty in respect of that offence are lodged under section 54 of that Act; or
(ii) if the infringement notice for that offence was served on a child, the period beginning on the date of the notice and ending immediately before the infringement penalty in respect of that offence is registered under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005; or
(iii) if subparagraphs (i) and (ii) do not apply, the period beginning on the date of the notice and ending immediately before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates.
Note
The period prescribed under paragraph (b) for making a statement under Part 6AA of the Act is the same period set out in section 22(2) of the Infringements Act 2006 for a person to apply to a relevant enforcement agency for internal review of a decision to serve an infringement notice under section 22 of the Infringements Act 2006.
(2) If an extension of time to deal with, or object to, an infringement notice, has been granted under section 67 or 89B of the Act, the prescribed period for the purposes of sections 84BE(1)(a) and 84BF(1)(a) of the Act, is the extension of time granted under section 67 or 89B of the Act.
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Road Safety (General) Regulations 2009
- SECT 81
Prescribed period for accepting or rejecting statements
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$$NSECT
81. Prescribed period for accepting or rejecting statements
For the purposes of section 84BE(6) of the Act, the prescribed period is 90 days beginning on the date that the enforcement official received the relevant statement.
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Road Safety (General) Regulations 2009
- SECT 82
Power to prosecute
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$$NSECT
82. 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) an Authority within the meaning of the Water Act 1989;
(c) the Port of Melbourne Corporation established under the Port Services Act 1995;
(d) a Board established under Part 4 of the Alpine Resorts (Management) Act 1997;
(e) the Secretary to the Department of Sustainability and Environment;
(f) the Minister administering Part 7B of the Financial Management Act 1994;
(g) Parks Victoria established under the Parks Victoria Act 1998.
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Road Safety (General) Regulations 2009
- SECT 83
Prosecution for parking offences
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$$NSECT
83. 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 Secretary to the Department of Transport;
(c) an authorised officer within the meaning of the Land Act 1958;
(d) the Director, Transport Safety within the meaning of section 3 of the Transport Integration Act 2010 or an inspector appointed under Part 8 of the Marine Act 1988;
(e) a Board established under Part 4 of the Alpine Resorts (Management) Act 1997;
(f) the board of a public hospital or denominational hospital within the meaning of the Health Services Act 1988;
(g) the council of a university established by or under any Act;
(h) a council incorporated under Part 3.2 of the Education and Training Reform Act 2006 or the council or governing body of a TAFE institute within the meaning of the Education and Training Reform Act 2006;
(i) a committee of management appointed under the Crown Land (Reserves) Act 1978.
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Road Safety (General) Regulations 2009
- SECT 84
Appropriation of fines
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84. Appropriation of fines
For the purposes of section 77(5) of the Act-
(a) a public authority or person specified in Column 1 of Schedule 8 is a prescribed public authority or person; and
(b) a fund described in Column 2 of Schedule 8 is a prescribed fund in respect of the public authority or person set out in Column 1 of that Schedule opposite the fund; and
(c) an offence is a prescribed offence if it is-
(i) committed on land or premises which are vested in or under the control or management of the public authority or person concerned and is-
(A) an offence under the Road Safety Road Rules 2009; or
(B) an offence under Part 2.2, 2.3, 2.4, 2.5 or 2.7 of Chapter 2, Chapter 4, Chapter 5 or Chapter 8 of the Road Safety (Vehicles) Regulations 2009; or
(C) an offence under Part 2 or 5 of the Road Safety (Drivers) Regulations 2009; or
(ii) an offence against section 90E of the Act, or under a regulation made under the Act, for which the charge was filed by a municipal council or any member of staff of a municipal council who is authorised in writing to do so either generally or in a particular case by the municipal council.
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Road Safety (General) Regulations 2009
- SECT 85
Extension of the Act by the Minister
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$$NSECT
85. Extension of the Act by the Minister
The following persons are prescribed for the purposes of section 98(1) of the Act-
(a) the Corporation;
(b) Metro Trains Melbourne Pty Ltd (ACN 136 429 948);
(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;
(e) an Authority within the meaning of the Water Act 1989;
(f) the Port of Melbourne Corporation established under the Port Services Act 1995;
(g) the council of a university established by or under any Act;
(h) a council incorporated under Part 3.2 of the Education and Training Reform Act 2006 or the council or governing body of a TAFE institute within the meaning of the Education and Training Reform Act 2006;
(i) a committee of management appointed under the Crown Land (Reserves) Act 1978;
(j) the board of a public hospital or denominational hospital within the meaning of the Health Services Act 1988;
(k) the House Committee within the meaning of the Parliamentary Committees Act 2003;
(l) the Secretary to the Department of Sustainability and Environment;
(m) Parks Victoria established under the Parks Victoria Act 1998;
(n) an officer of the Marine Board of Victoria appointed under Part 8 of the Marine Act 1988.
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Road Safety (General) Regulations 2009
- SECT 85A
Application of certain fees
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$$NSECT
85A. Application of certain fees
The following fees received by the Corporation must be paid by it into its general fund-
(a) fees payable under regulation 701 of the Road Management (General) Regulations 2005 (property enquiry fees); and
(b) fees payable under regulation 18 of the Road Management (Works and Infrastructure) Regulations 2005 (consent fees for proposed works).
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Road Safety (General) Regulations 2009
- SECT 86
Transitional arrangements
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$$NSECT
86. Transitional arrangements
(1) In this regulation-
commencement day means 9 November 2009;
old Regulations means the Road Safety (General) Regulations 1999 as in force immediately before the commencement day.
(2) Despite the revocation of the old Regulations, if a person is alleged to have committed an offence before the commencement day that was prescribed to be a traffic infringement or parking infringement under the old Regulations, the old Regulations are taken to continue to apply and any infringement notice issued and served in respect of that traffic infringement or parking infringement may be issued and served in accordance with the old Regulations.
(3) If any document issued under the old Regulations before the commencement day makes reference to any device or system, such reference is taken to include a reference to a road safety camera or speed detector, where the case requires.
(4) A reference to a road safety camera in a document issued after the commencement day, in respect of a traffic infringement that is alleged to have occurred before the commencement day, is taken to be a reference to a device prescribed under the old Regulations, where the case requires.
(5) Any image or process produced in accordance with the process prescribed in regulation 47 or regulation 48 in relation to an alleged offence detected before the commencement day is taken to have been produced in accordance with the process prescribed by the old regulations.
(6) This regulation does not affect or take away from the Interpretation of Legislation Act 1984.
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Road Safety (General) Regulations 2009
- SCHEDULE
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$$NSCHEDULE
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Road Safety (General) Regulations 2009
- SCHEDULE 1
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$$NSCHEDULE
Regulation 4
REVOCATIONS
S.R. No.
Title
27/1999
Road Safety (General) Regulations 1999
88/2000
Road Safety (General) (Speed Measuring Devices) Regulations 2000
96/2000
Road Safety (General) (Loading Zone Penalty) Regulations 2000
114/2000
Road Safety (General) (Blood Samples and Drug Testing) Regulations 2000
47/2001
Road Safety (General) (Traffic Infringements) Regulations 2001
57/2001
Road Safety (General) (Traffic Infringements Amendment) Regulations 2001
172/2001
Road Safety (General) (Amendment) Regulations 2001
12/2002
Road Safety (General) (Drink Driving Infringement) Regulations 2002
88/2002
Road Safety (General) (Infringements) Regulations 2002
90/2002
Road Safety (General) (Speed Measuring Devices) Regulations 2002
114/2002
Road Safety (General) (Responsible Driving) Regulations 2002
87/2003
Road Safety (General) (Speed Measuring Devices) Regulations 2003
132/2004
Road Safety (General) (Amendment) Regulations 2004
159/2004
Road Safety (General) (Alcohol and Other Drugs) Regulations 2004
120/2005
Road Safety (General) (Speed Measuring Devices) Regulations 2005
S.R. No.
Title
126/2005
Road Safety (General) (Heavy Vehicle Safety) Regulations 2005
23/2006
Road Safety (General) (Commonwealth Games) Regulations 2006
82/2006
Road Safety (General) (Vehicle Impoundment) Regulations 2006
158/2006
Road Safety (General) (Infringements) Regulations 2006
175/2006
Road Safety (General) (Safety Cameras and Other Amendments) Regulations 2006
71/2007
Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007
153/2007
Road Safety (General) (Young Drivers) Regulations 2007
155/2007
Road Safety (General) (Engine Reading Devices Amendment) Regulations 2007
156/2007
Road Safety (General) (Prescribed Devices and Other Amendments) Regulations 2007
2/2008
Road Safety (General) (Prescribed Devices Amendment) Regulations 2008
26/2008
Road Safety (General) (Miscellaneous Amendments) Regulations 2008
59/2008
Road Safety (General) (Learner Approved Motor Cycle Scheme Amendment) Regulations 2008
77/2008
Road Safety (General) (Infringement Trial Amendments) Regulations 2008
79/2008
Road Safety (General) (Peer Passenger Restrictions) Regulations 2008
104/2008
Road Safety (General) Amendment Regulations 2008
115/2008
Road Safety (General) Amendment (Fatigue Management) Regulations 2008
137/2008
Road Safety (General) Further Amendment (Fatigue Management) Regulations 2008
17/2009
Road Safety (General) and Road Safety (Road Rules) Amendment (Seatbelts) Regulations 2009
S.R. No.
Title
46/2009
Road Safety (General) and Road Safety (Road Rules) Amendment (Mobile Phones and Seatbelts) Regulations 2009
68/2009
Road Safety (General) Amendment (Road Safety Camera) Regulations 2009
93/2009
Road Safety (General) Amendment (Careless Driving) Regulations 2009
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Road Safety (General) Regulations 2009
- SCHEDULE 2
$$T
$$NSCHEDULE
Regulation 6(3)
CERTIFICATE UNDER SECTION 78A
I am a licensed surveyor within the meaning of the Surveying Act 2004 and I am approved by-
*the Surveyor-General
*the Roads Corporation
for the purposes of section 78A of the Road Safety Act 1986.
I certify that the shortest distance, expressed in metres, that would be travelled by a motor vehicle on the [identify road] between:
(a) [describe first point on road] and
(b) [describe second point on road]
is [insert number of metres] metres.
Signature of person issuing certificate:
Name: [print name]
Date:
* Delete if inapplicable
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Road Safety (General) Regulations 2009
- SCHEDULE 3
$$T
$$NSCHEDULE
Regulations 52, 65
CERTIFICATE UNDER SECTION 83
The *road safety camera/*speed detector/*portable weighing device/ (No. ) was tested in accordance with the Road Safety (General) Regulations 2009
on [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:
Name: [print name]
* Strike out whichever is not applicable.
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Road Safety (General) Regulations 2009
- SCHEDULE 4
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Regulation 58
SEARCH AND SEIZURE WARRANT
Court Ref.
This warrant is issued for the purpose of searching for and seizing the motor vehicle described.
Description of motor vehicle authorised for seizure:
( Registration number (if known):
( Vehicle identifier (if known):
( Engine identification number (if known):
( Make, model and colour of motor vehicle:
Premises which may be searched for motor vehicle:
Number and name of street and suburb or other description of premises:
Grounds for issue of warrant:
Reasonable grounds for believing that the motor vehicle described above-
o is
o may be within the next 72 hours-
in or on the premises described.
This warrant is issued to the following member(s) of the police force-
( Name:
( Rank number:
( Agency and address:
-------------------------------------------------------------
This warrant authorises the member(s) of the police force named, with the aid of any assistants considered reasonably necessary to achieve the purpose for which the warrant was issued, to-
o enter the premises described;
o use reasonable force to break into or open any structure on the premises described above that may store the motor vehicle described;
o search for and seize the motor vehicle described.
This warrant also authorises the member(s) of the police force named, or a person assisting that member or those members, to seize and impound or immobilise the motor vehicle described in this warrant.
Nothing in this warrant authorises the seizure of property not described in this warrant or the arrest of a person.
-------------------------------------------------------------
This warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it. If it is not recalled and cancelled, this warrant ceases to have effect at the end of one month after its issue or when it is executed, whichever occurs first.
The person who executes this warrant must announce that he or she is authorised by the warrant to enter the premises and must give any person at the premises an opportunity to allow entry to the premises before force is used to enter.
If the occupier is present at the premises where this warrant is being executed, the person executing the warrant must identify himself or herself to the occupier and give the occupier a copy of the warrant. If the occupier is not present at the premises where this warrant is being executed, the person executing the warrant must identify himself or herself to any other person at the premises and give that person a copy of the warrant.
-------------------------------------------------------------
This warrant is issued under section 84ZH of the Road Safety Act 1986.
Issued at a.m./p.m. on / / at
by Magistrate.
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Road Safety (General) Regulations 2009
- SCHEDULE 5
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$$NSCHEDULE
Regulation 59
REPORT ON EXECUTION OF SEARCH AND SEIZURE WARRANT
To the registrar of the Magistrates' Court
I, [insert name and address]
being the person to whom this search and seizure warrant was issued, report the following outcome in relation to the warrant-
o The warrant was executed by
[insert name and address]
at a.m./p.m. on / /
The following motor vehicle was seized-
( Registration number (if known):
( Vehicle identifier (if known):
( Engine identification number (if known):
( Make, model and colour of motor vehicle:
A copy of the warrant
* was given to the occupier
* was given to a person at the premises other than the occupier
* was not given to the occupier or any other person at the premises because-
[set out reasons why copy of warrant not given]
* Delete whichever is inapplicable
o This warrant was not executed because-
[set out reasons why warrant not executed]
Date
Signature
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Road Safety (General) Regulations 2009
- SCHEDULE 6
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$$NSCHEDULE
Regulation 70
PARKING INFRINGEMENTS
In this Schedule, RR means the Road Safety Road Rules 2009
Item No.
Column 1
Code
Column 2
Summary of parking infringement
Column 3
Prescribed parking infringement reference
Column 4
Infringement penalty
Column 5
1
0701
Parking for longer than indicated
RR 205
0·2 penalty unit
2
0702
Parked-fail to pay fee and obey instructions on sign, meter, ticket or ticket-vending machine
RR 207(2)
0·2 penalty unit
3
0704
Stopped on a bicycle parking area
RR 201
0·2 penalty unit
4
0705
Stopped on a motor bike parking area
RR 202
0·2 penalty unit
5
0706
Parked contrary to requirement of parking area
RR 209(2)
0·2 penalty unit
6
0707
Parked not at an angle of 45 degrees
RR 210(1)
0·2 penalty unit
7
0708
Parked not at an angle of 90 degrees
RR 210(1)
0·2 penalty unit
8
0711
Parked not completely within a parking bay
RR 211(2)
0·2 penalty unit
Item No.
Column 1
Code
Column 2
Summary of parking infringement
Column 3
Prescribed parking infringement reference
Column 4
Infringement penalty
Column 5
9
0712
Parked-long vehicle exceeding minimum number of bays
RR 211(3)
0·2 penalty unit
10
0713
Parked-wide vehicle exceeding minimum number of bays
RR 211(3)
0·2 penalty unit
11
0621
Stopped contrary to a no parking sign
RR 168(1)
0·2 penalty unit
12
0715
Stopped on a marked foot crossing
RR 173(1)
0·6 penalty unit
13
0716
Stopped within 10 metres of a marked foot crossing
RR 173(1)
0·6 penalty unit
14
0717
Stopped within 3 metres after marked foot crossing
RR 173(1)
0·6 penalty unit
15
0718
Stopped within 10 metres before bicycle crossing lights
RR 174(2)
0·6 penalty unit
16
0719
Stopped within 3 metres after bicycle crossing lights
RR 174(2)
0·6 penalty unit
17
0720
Stopped in a loading zone
RR 179(1)
1 penalty unit
18
0721
Stopped in a loading zone longer than 30 minutes
RR 179(2)(a)
1 penalty unit
Item No.
Column 1
Code
Column 2
Summary of parking infringement
Column 3
Prescribed parking infringement reference
Column 4
Infringement penalty
Column 5
19
0722
Stopped in a loading zone longer than indicated time
RR 179(2)(b)
1 penalty unit
20
0723
Stopped in a truck zone
RR 180
0·6 penalty unit
21
0724
Stopped in a mail zone
RR 186(1)
0·6 penalty unit
22
0725
Stopped in a works zone
RR 181(1)
0·6 penalty unit
23
0726
Stopped in a taxi zone
RR 182(1)
0·6 penalty unit
24
0727
Stopped in a bus zone
RR 183(1)
0·6 penalty unit
25
0728
Stopped in a permit zone
RR 185(1)
0·6 penalty unit
26
0729
Stopped-double park
RR 189
0·6 penalty unit
27
0730
Stopped within 1 metre of fire hydrant
RR 194(1)
0·6 penalty unit
28
0731
Stopped within 1 metre of fire hydrant indicator
RR 194(1)
0·6 penalty unit
29
0732
Stopped within 1 metre of fire plug indicator
RR 194(1)
0·6 penalty unit
30
0733
Stopped on a bus stop
RR 195(1)
0·6 penalty unit
31
0734
Stopped within 20 metres before a sign indicating a bus stop
RR 195(1)
0·6 penalty unit
Item No.
Column 1
Code
Column 2
Summary of parking infringement
Column 3
Prescribed parking infringement reference
Column 4
Infringement penalty
Column 5
32
0735
Stopped within 10 metres after a sign indicating a bus stop
RR 195(1)
0·6 penalty unit
33
0736
Stopped on a bicycle path
RR 197(1)
0·6 penalty unit
34
0737
Stopped on a footpath
RR 197(1)
0·6 penalty unit
35
0738
Stopped on a shared path
RR 197(1)
0·6 penalty unit
36
0739
Stopped on a dividing strip
RR 197(1)
0·6 penalty unit
37
0740
Stopped on a nature strip
RR 197(1)
0·6 penalty unit
38
0623
Stopped on a painted island
RR 197(1A)
0·6 penalty unit
39
0741
Stopped within 3 metres of a public post box
RR 199(1)
0·6 penalty unit
40
0742
Stopped within 20 metres of intersection with traffic lights
RR 170(2)
0·6 penalty unit
41
0626
Stopped on or across a driveway or other way of access
RR 198(2)
0·6 penalty unit
42
0745
Parked not facing direction of travel
RR 208(1)
0·6 penalty unit
43
0746
Parked not parallel to far left side of two-way road
RR 208(1)
0·6 penalty unit
Item No.
Column 1
Code
Column 2
Summary of parking infringement
Column 3
Prescribed parking infringement reference
Column 4
Infringement penalty
Column 5
44
0747
Parked not as near as practicable to far left side of two-way road
RR 208(1)
0·6 penalty unit
45
0748
Parked not parallel to far left side of one-way road
RR 208(1)
0·6 penalty unit
46
0749
Parked not parallel to far right side of one-way road
RR 208(1)
0·6 penalty unit
47
0750
Parked not as near as practicable to far left side of one-way road
RR 208(1)
0·6 penalty unit
48
0751
Parked not as near as practicable to far right side of one-way road
RR 208(1)
0·6 penalty unit
49
0752
Parked less than 1 metre from other vehicle
RR 208(1)
0·6 penalty unit
50
0625
Parked less than 3 metres from continuous dividing line or dividing strip
RR 208(1)
0·6 penalty unit
51
0754
Parked-fail to leave 3 metres of road for other vehicle to pass
RR 208(1)
0·6 penalty unit
52
0755
Parked unreasonably obstructing the path of vehicles
RR 208(1)
0·6 penalty unit
Item No.
Column 1
Code
Column 2
Summary of parking infringement
Column 3
Prescribed parking infringement reference
Column 4
Infringement penalty
Column 5
53
0756
Parked unreasonably obstructing the path of pedestrians
RR 208(1)
0·6 penalty unit
54
0622
Parked in a road related area (except in a median strip parking area) where vehicle not facing direction of adjacent traffic
RR 208A
0·6 penalty unit
55
0758
Stopped next to a yellow edge line
RR 169
0·6 penalty unit
56
0759
Stopped on a level crossing
RR 175(1)
0·6 penalty unit
57
0760
Stopped within 20 metres before level crossing
RR 175(1)
0·6 penalty unit
Sch. 6
58
0761
Stopped within 20 metres after level crossing
RR 175(1)
0·6 penalty unit
59
0762
Stopped on a freeway
RR 177(1)
0·6 penalty unit
60
0763
Stopped in an emergency stopping lane
RR 178
0·6 penalty unit
61
0764
Stopped in a bus lane
RR 187(1)
0·6 penalty unit
62
0765
Stopped in a transit lane
RR 187(1)
0·6 penalty unit
63
0766
Stopped in a truck lane
RR 187(1)
0·6 penalty unit
64
0767
Stopped in a tram lane
RR 187(2)
0·6 penalty unit
Item No.
Column 1
Code
Column 2
Summary of parking infringement
Column 3
Prescribed parking infringement reference
Column 4
Infringement penalty
Column 5
65
0768
Stopped on a tram track
RR 187(2)
0·6 penalty unit
66
0769
Stopped in a shared zone
RR 188
0·6 penalty unit
67
0770
Stopped in a safety zone
RR 190(1)
0·6 penalty unit
68
0771
Stopped within 10 metres before a safety zone
RR 190(1)
0·6 penalty unit
69
0772
Stopped within 10 metres after a safety zone
RR 190(1)
0·6 penalty unit
70
0773
Stopped near an obstruction
RR 191
0·6 penalty unit
71
0774
Stopped on a bridge, causeway, ramp or similar structure with width less than approach road
RR 192(1)
0·6 penalty unit
72
0775
Stopped in a tunnel with width less than approach road
RR 192(2)
0·6 penalty unit
73
0776
Stopped in an underpass with width less than approach road
RR 192(2)
0·6 penalty unit
74
0777
Stopped on a crest not in a built-up area
RR 193(1)
0·6 penalty unit
75
0778
Stopped near a crest not in a built-up area
RR 193(1)
0·6 penalty unit
Item No.
Column 1
Code
Column 2
Summary of parking infringement
Column 3
Prescribed parking infringement reference
Column 4
Infringement penalty
Column 5
76
0779
Stopped on a curve not in a built-up area
RR 193(1)
0·6 penalty unit
77
0780
Stopped near a curve not in a built-up area
RR 193(1)
0·6 penalty unit
78
0781
Stopped-obstruct access to a footpath
RR 198(1)
0·6 penalty unit
79
0782
Stopped-obstruct access to a bicycle path
RR 198(1)
0·6 penalty unit
80
0783
Stopped-obstruct access to a passageway
RR 198(1)
0·6 penalty unit
81
0784
Stopped-obstruct access from a footpath
RR 198(1)
0·6 penalty unit
82
0785
Stopped-obstruct access from a bicycle path
RR 198(1)
0·6 penalty unit
83
0786
Stopped-obstruct access from a passageway
RR 198(1)
0·6 penalty unit
84
0787
Stopped heavy vehicle not on shoulder of road
RR 200(1)
0·6 penalty unit
85
0788
Stopped long vehicle not on shoulder of road
RR 200(1)
0·6 penalty unit
86
0789
Stopped heavy vehicle in built-up area longer than 1 hour
RR 200(2)
0·6 penalty unit
Item No.
Column 1
Code
Column 2
Summary of parking infringement
Column 3
Prescribed parking infringement reference
Column 4
Infringement penalty
Column 5
87
0790
Stopped long vehicle in built-up area longer than 1 hour
RR 200(2)
0·6 penalty unit
88
0791
Stopped-clearance and side marker lights not operating effectively and visible
RR 220(1)(a)
0·6 penalty unit
89
0792
Stopped-parking lights not operating effectively and visible
RR 220(1)(b)
0·6 penalty unit
Sch. 6
90
0793
Stopping contrary to a no stopping sign
RR 167
1 penalty unit
91
0794
Stopping on a children's crossing
RR 171(1)
1 penalty unit
92
0795
Stopping within 20 metres before a children's crossing
RR 171(1)
1 penalty unit
93
0796
Stopping within 10 metres after a children's crossing
RR 171(1)
1 penalty unit
94
0797
Stopped on a pedestrian crossing
RR 172(1)
1 penalty unit
95
0798
Stopped within 20 metres before pedestrian crossing
RR 172(1)
1 penalty unit
96
0799
Stopped within 10 metres after pedestrian crossing
RR 172(1)
1 penalty unit
Item No.
Column 1
Code
Column 2
Summary of parking infringement
Column 3
Prescribed parking infringement reference
Column 4
Infringement penalty
Column 5
97
0800
Stopped on a clearway
RR 176(1)
1 penalty unit
98
0624
Stopped within 20 metres before a sign displaying the words "tram stop" or "tram stop request"
RR 196(1)
1 penalty unit
99
0803
Stopped in a parking area for people with disabilities either-
(a) without a current parking permit for people with disabilities clearly displayed in the vehicle; or
(b) not in accordance with the permit conditions
RR 203(1)
1 penalty unit
100
0620
Stopped in a slip lane
RR 203A
1 penalty unit
101
0804
Stopped within 10 metres of intersection
RR 170(3)
1 penalty unit
102
0805
Stopped in an intersection
RR 170(1)
1 penalty unit
Item No.
Column 1
Code
Column 2
Summary of parking infringement
Column 3
Prescribed parking infringement reference
Column 4
Infringement penalty
Column 5
103
0806
Parked or stopped on a reserve without consent
Melbourne Parks and Gardens (Joint Trustee Reserves) Regulations 19941
0·6 penalty unit
104
0807
Disobey direction to move vehicle from parking area for people with disabilities
RR 203(4)
1 penalty unit
105
0627
Stopped on a road within 10 metres before or after a safety zone
RR 190(1)
0·6 penalty unit
Note
Section 87(3A) of the Act provides for the penalty for a parking infringement constituted by a contravention of section 90E of the Act.
__________________
$$A
$$T
Road Safety (General) Regulations 2009
- SCHEDULE 7
$$T
$$NSCHEDULE
Regulations 73, 74
TRAFFIC INFRINGEMENTS
In this Schedule-
RS(D)R means the Road Safety (Drivers) Regulations 2009;
RS(TM)R means the Road Safety (Traffic Management) Regulations 2009;
RS(V)R means the Road Safety (Vehicles) Regulations 2009;
RR means the Road Safety Road Rules 2009;
RSA means the Road Safety Act 1986;
TCMA means the Transport (Compliance and Miscellaneous) Act 1983.
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
Heavy Vehicles
1
1935
Exceed speed limit in a heavy vehicle by less than 10 km per hour
RR 20
1(75 penalty units
2
1936
Exceed speed limit in a heavy vehicle by 10 km per hour or more but less than 15 km per hour
RR 20
2(75 penalty units
3
1937
Exceed speed limit in a heavy vehicle by 15 km per hour or more but less than 25 km per hour
RR 20
4 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
4
1938
Exceed speed limit in a heavy vehicle by 25 km per hour or more but less than 30 km per hour
RR 20
5(5 penalty units
5
1939
Exceed speed limit in a heavy vehicle by 30 km per hour or more but less than 35 km per hour
RR 20
7 penalty units
6
1940
Exceed speed limit in a heavy vehicle by 35 km per hour or more but less than 40 km per hour
RSA 65B
8(5 penalty units
7
1941
Exceed speed limit in a heavy vehicle by 40 km per hour or more but less than 45 km per hour
RSA 65B
10 penalty units
8
1942
Exceed speed limit in a heavy vehicle by 45 km per hour or more
RSA 65B
11(5 penalty units
9
2161
Fail to carry, use or permit inspection of portable warning triangles
RR 226(1), (2), 227(2) and (3)
1 penalty unit
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
9A
2179
Class 1, 2 or 3 vehicle fail to comply with Schedule requirements other than mass or dimension requirements
RS(V)R 182(1), 182(2), 182(3), 192(1), 192(2), 192(3), 198(1), 198(2), 198(3)
2 penalty units
9B
2180
Fail to comply with pilot or escort vehicle requirements
RS(V)R 183(1), 183(2), 183(3), 184(1), 184(2), 184(3), 185(1), 185(2), 186(1), 186(2)
2 penalty units
9C
2172
Fail to carry and produce documents when required
RS(V)R 260(1), 260(2)
1 penalty unit
Speeding
10
1926
Exceed speed limit in a vehicle other than a heavy vehicle by less than 10 km per hour
RR 20
1(25 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
11
1927
Exceed speed limit in a vehicle other than a heavy vehicle by 10 km per hour or more but less than 15 km per hour
RR 20
2 penalty units
12
1928
Exceed speed limit in a vehicle other than a heavy vehicle by 15 km per hour or more but less than 25 km per hour
RR 20
2 penalty units
13
1929
Exceed speed limit in a vehicle other than a heavy vehicle by 25 km per hour or more but less than 30 km per hour
RR 20
2(75 penalty units
14
1930
Exceed speed limit in a vehicle other than a heavy vehicle by 30 km per hour or more but less than 35 km per hour
RR 20
3(25 penalty units
15
1931
Exceed speed limit in a vehicle other than a heavy vehicle by 35 km per hour or more but less than 40 km per hour
RR 20
3(75 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
16
1932
Exceed speed limit in a vehicle other than a heavy vehicle by 40 km per hour or more but less than 45 km per hour
RR 20
4(25 penalty units
17
1933
Exceed speed limit in a vehicle other than a heavy vehicle by 45 km per hour or more
RR 20
5 penalty units
18
1934
Exceed speed limit in a vehicle other than a heavy vehicle in a 110 km per hour zone by 20 km per hour or more but less than 25 km per hour
RR 20
2 penalty units
19
8375
Permit learner driver to drive at excessive speed
RR 406(2)
1(25 penalty units
Failing to Give Way or Stop
20
2011
Fail to give way to a pedestrian
RR 38, 72(1), 73(1), 74(1)(b), (c), (d), 75(1)(a), (b), 81(2) and 83
1(75 penalty units
21
8359
Fail to give way to pedestrian or animal when legally driving on a path, nature strip
RR 288(4), 289(2)
1.5 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
22
2012
Fail to give way at intersection
RR 38, 62(1), 63(2), 63(3), 72(1) and 73(1)
1(75 penalty units
23
2013
Fail to give way not at intersection
RR 38, 74(1)(a), (c), 75(1)(b), (c), (d), 77(1), 84(1), and 87(1)
1(75 penalty units
24
2014
Fail to keep clear or give way to police vehicle or emergency vehicle
RR 78(1), (2) and 79(1)
1(75 penalty units
25
2015
Fail to give way at roundabout
RR 114(1) and (2)
1(75 penalty units
26
2021
Fail to stop and remain stationary at children's crossing
RR 80(2), (3) and (4)
2(5 penalty units
27
2022
Pass stopped vehicle at children's crossing or pedestrian crossing
RR 82
2(5 penalty units
28
2023
Pass stopped tram
RR 163(1) , 164(1) and 164A(1)
2(5 penalty units
29
2024
Fail to stop or give way at level crossing or unlawfully enter level crossing
RR 121, 122 and 123
5 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
30
8369
Bus fail to stop at correct distance from level crossing where no gates, booms, barriers or lights
RR 124A (1)(a)
1(25 penalty units
31
8333
Fail to give way to a pedestrian
RR 62(1) and 63(2) and (3)
1(75 penalty units
32
8361
Fail to give way to a vehicle when legally driving on a path or nature strip
RR 288(4) and 289(2)
1(75 penalty units
33
8334
Fail to give way not at intersection
RR 85, 86(1) and 87(3)
1(75 penalty units
Keeping left and diverging
34
2031
Fail to keep left of oncoming vehicle
RR 131(1)
1(75 penalty units
35
2032
Drive on wrong side of divided road
RR 135(1)
2 penalty units
36
2045
Drive in wrong direction on a one-way service road
RR 136
1(75 penalty units
37
2033
Drive on or over or to the right of dividing lines
RR 132(2) and (2A)
2 penalty units
38
2046
Drive on or over painted island with double lines
RR 138(1)
2 penalty units
39
8381
Drive on or over painted island other than double lines
RR 138(1)
2 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
40
8380
Fail to keep left other than double lines
RR 132(2) and (2A)
2 penalty units
41
2034
Fail to keep left of safety zone
RR 162(1)
2(5 penalty units
42
2035
Fail to keep left of centre of road
RR 132(1)
1(25 penalty units
43
2037
Fail to keep as far left as practicable
RR 129(1) and 130(2)
1 penalty unit
44
2038
Cross single continuous lane line or fail to stay within marked lane or line of traffic
RR 146(1), (2) and 147
1 penalty unit
45
2039
Improperly pass or change lanes or line of traffic without giving way
RR 148(1), (2) and 148A
1·5 penalty units
46
2040
Fail to give way when merging
RR 149
1(5 penalty units
Overtaking
47
2041
Pass to right or left of tram
RR 160(2), (3)
2 penalty units
48
2042
Pass to right of right turning vehicle or a vehicle making a U-turn from the centre of the road
RR 142(1) and 143(2)
2 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
49
2043
Overtake vehicle on left
RR 141(1)
1(5 penalty units
50
8347
Overtake vehicle with DO NOT OVERTAKE TURNING VEHICLE sign on left
RR 143(1), (1A)
2 penalty units
51
8349
Fail to leave enough room when overtaking, or cut in too soon
RR 144
2 penalty units
52
8354
Drive past or overtake tram turning right or giving right change of direction signal
RR 161(3)
2 penalty units
53
2044
Increase speed when being overtaken
RR 145
2 penalty units
Signalling
54
2051
Fail to give signal
RR 46(1), 48(1), 53(1), (2), (3)
1 penalty unit
55
8376
Fail to give signal
RR 112(2), (3), 113(2), (3), 117(1), (2) and 118(1)
1 penalty unit
56
2052
Fail to cancel or incorrectly operate signal
RR 46(4), 48(4), 51 and 118(2)
1 penalty unit
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
Turning
57
2061
Perform unsafe U-turn
RR 37
2 penalty units
58
2062
Make incorrect left, right or U-turn or turn improperly
RR 27(1), 28(1), 28(1A), 29(1), 31(1), 32(1) and 33(1)
1 penalty unit
59
2063
Enter roundabout from wrong marked lane or line of traffic or disobey traffic lane arrows when in roundabout
RR 111(1) and 116
1 penalty unit
60
8330
Make incorrect U-turn at an intersection
RR 42
1 penalty unit
61
2071
Fail to have headlights, tail lights and number plate lights on at night or in hazardous weather conditions
RR 215(1)(a) and 216(1)
1(5 penalty units
62
2072
Fail to have clearance lights or side marker lights on at night or in hazardous weather conditions
RR 215(1)(b)
1 penalty unit
63
2073
Fail to dip headlights
RR 218(1)
1(5 penalty units
64
2074
Operate any front or rear fog light other than as permitted
RR 217(1)
1 penalty unit
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
65
2075
Use hazard warning lights other than as permitted
RR 221
1 penalty unit
66
2076
Animal drawn vehicle-fail to have lights and reflectors displayed at night or in hazardous weather conditions
RR 223
1 penalty unit
Safety Procedures
67
2570
Careless driving of a motor vehicle by a full licence holder
RSA 65(1)
2(4 penalty units
68
2078
Use handheld mobile phone while driving
RR 300(1)
2 penalty units
69
2079
Learner driver or holder of a P1 probationary licence using any mobile phone
RR 300(1A)
2 penalty units
70
2085
Ride motor bike without helmet or with passenger without helmet
RR 270(1)
2 penalty units
71
2573
Holder of motor cycle licence for less than 12 months carrying pillion passenger
RS(D)R 58(1)(b)
3 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
72
2574
Holder of motor cycle learner permit carrying pillion passenger
RS(D)R 58(2)(b)
3 penalty units
73
8358
Rider improperly carrying pillion/sidecar passenger on a motor bike
RR 271(3), (4), (5), and (5A)
3 penalty units
74
8382
Rider not ensuring sidecar passenger properly seated
RR 271(5C)
2 penalty units
75
2088
Fail to have full control, uninterrupted view, at least one hand on handlebars (motor bikes only) or both feet on footrests while motor bike moving
RR 271(1), 297(1), (2), (1A) and (3)
1(5 penalty units
76
2089
Cause hazard to person or vehicle by opening door or alighting from vehicle
RR 269(3)
1 penalty unit
77
2090
Drive or travel with any part of body protruding
RR 268(3) and (4)
1 penalty unit
78
2091
Fail to wear properly fastened and adjusted seat-belt (driver)
RR 264(1)
2 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
79
2092
Fail to wear properly fastened and adjusted seat-belt (passenger)
RR 265(1)
2 penalty units
80
8370
Driver failing to ensure that passenger over 16 years of age wearing properly fastened and adjusted seatbelt
RR 265(3)
2 penalty units
81
2541
Travel in or on part of motor vehicle not designed for carriage of passengers or goods (passenger)
RR 268(1)
2 penalty units
82
2542
Travel improperly seated or unrestrained in or on part of motor vehicle designed for carriage of goods
RR 268(2)
2 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
83
8379
Driver carrying passenger improperly seated or unrestrained in or on part of motor vehicle designed for carriage of goods; Driver travelling with a passenger in or on a part of a motor vehicle not designed for the carriage of passengers or goods
RR 268(4A) and (4B)
2 penalty units
84
2544
Passenger on motor bike/sidecar not wearing helmet
RR 270(2)
2 penalty units
85
2545
Pillion passenger not properly seated on motor bike
RR 271(2) and (5B)
2 penalty units
86
7385
Passenger occupying same seating position as another passenger
RR 265(1)
2 penalty units
87
7386
Passenger under 16 not restrained
RR 266(1)
2(25 penalty units
88
7387
Passenger under 16 occupying same seating position as another passenger
RR 266(1)
2(25 penalty units
89
8371
Leading an animal while driving a vehicle
RR 301(1), (2) and (3)
1 penalty unit
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
Drink Driving
90
1991
Drive or be in charge of a motor vehicle with-
(a) blood alcohol level of 0·05 or more but less than 0·07g/100ml; or
(b) breath alcohol level of 0·05 or more but less than 0·07g/210 litres of exhaled air-
and-
RSA 49
3 penalty units
(c) RSA 52 (zero blood or breath alcohol) does not apply to the person; and
(d) the person holds a full driver licence (or would hold a full driver licence but for the person's failure to renew it); and
(e) the person is aged 26 years or older at the time of the traffic infringement
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
91
1992
Drive or be in charge of a motor vehicle with-
(a) blood alcohol level of 0·05 or more but less than 0·07g/100ml; or
(b) breath alcohol level of 0·05 or more but less than 0·07g/210 litres of exhaled air-
and-
RSA 49
3 penalty units
(c) RSA 52 (zero blood or breath alcohol) does not apply to the person; and
(d) the person holds a full driver licence; and
(e) the person is aged under 26 years at the time of the traffic infringement
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
92
1994
Drive or be in charge of a motor vehicle with-
(a) blood alcohol level of 0(05 or more but less than 0(07g/100ml; or
(b) breath alcohol level of 0(05 or more but less than 0(07g/210 litres of exhaled air-
and RSA 52 (zero blood or breath alcohol) applies to the person
RSA 49
3 penalty units
93
1996
Drive or be in charge of motor vehicle with blood alcohol level of 0(07 or more but less than 0(10g/100ml or breath alcohol level of 0(07 or more but less than 0(10g/210 litres of exhaled air
RSA 49
3 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
94
2093
Drive or be in charge of motor vehicle with unlawful blood alcohol level of less than 0(05g/100 ml or breath alcohol level of less than 0(05g/210 litres of exhaled air
RSA 49
2(5 penalty units
95
2095
Drive or be in charge of motor vehicle with blood alcohol level of 0(10 or more but less than 0(11g/100 ml or breath alcohol level of 0(10 or more but less than 0(11g/210 litres of exhaled air
RSA 49
4(25 penalty units
96
2096
Drive or be in charge of motor vehicle with blood alcohol level of 0(11 or more but less than 0(12g/100 ml or breath alcohol level of 0(11 or more but less than 0(12g/210 litres of exhaled air
RSA 49
4(25 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
97
2097
Drive or be in charge of motor vehicle with blood alcohol level of 0(12 or more but less than 0(13g/100 ml or breath alcohol level of 0(12 or more but less than 0(13g/210 litres of exhaled air
RSA 49
4(25 penalty units
98
2098
Drive or be in charge of motor vehicle with blood alcohol level of 0(13 or more but less than 0(14g/100 ml or breath alcohol level of 0(13 or more but less than 0(14g/210 litres of exhaled air
RSA 49
4(25 penalty units
99
2099
Drive or be in charge of motor vehicle with blood alcohol level of 0(14 or more but less than 0(15g/100 ml or breath alcohol level of 0(14 or more but less than 0(15g/210 litres of exhaled air
RSA 49
4(25 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
Drug Driving
100
1999
Drive or be in charge of motor vehicle with prescribed concentration of drugs or more than the prescribed concentration of drugs present in blood or oral fluid
RSA 49
3 penalty units
Signals
101
8360
Fail to give way when turning at a flashing yellow light at an intersection
RR 64
1(75 penalty units
102
8372
Driver of public bus failing to leave intersection as soon as possible if B light changes to red or yellow while in the intersection;
Fail to clear intersection as soon as possible if entering on yellow light; Fail to leave intersection as soon as practicable if lights change to red after entering; Fail to give way to a pedestrian on a marked foot crossing with flashing yellow
RR 286(3), 57(3), 60A(1), 60A(2), 61(5), 65(2), 66(1) and 66(4)
2 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
lights or passing stationary vehicle at such crossing; Fail to stop at twin red lights not at level crossing; Proceeding after stopping at twin red lights, while lights are still showing; Proceeding through a bicycle storage area before a red traffic light or arrow
103
8368
Fail to obey yellow traffic lights or disobey yellow traffic lights
RR 57(1)
2(5 penalty units
104
2101
Fail to obey traffic lights or disobey traffic lights; Entering intersection while red arrow showing; Drive in marked traffic lane in defiance of overhead lane signal; Driver of public bus fail to stop at red or yellow B light; Driver of public bus stopping for yellow or red B lights
RR 56(1), 56(2), 57(2), 59(1), 60, 61(2), 152(1), 281(a), 281(b), 282(a), 282(b), 284(a), 284(b), 286(2)(a), 286(2)(b) and 286(2)(c)
2(5 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
proceeding before lights change; Driver of public bus stopped at intersection when B light turns to yellow or red or turns off, who then proceeds without other light; Fail to stop and not proceed at stop light; Fail to stop and not proceed at red arrow; Fail to stop and not
proceed (unless unable to stop in time) at yellow traffic light or arrow; Entering intersection (or marked foot crossing) while red light showing; Entering intersection after stopping, while red light is showing
105
2149
Failure of driver of tram to obey T light
RR 274, 275, 277, 279(2) and 279(3)
2(5 penalty units
Licensing and Registration
106
2104
Fail to return licence or learner permit upon suspension or cancellation
RS(D)R 81
1 penalty unit
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
107
2105
Unlicensed driving by the holder of a licence or permit issued outside Victoria whose 3 month exemption under RS(D)R 18(1)(a), or 6 month exemption under RS(D)R 18(1)(b), from holding a Victorian licence or permit has expired
RSA 18
2(5 penalty units
108
2106
Unlicensed driving in the circumstances set out in paragraphs (a) and (b) of section 18(2) of the RSA, namely when a previous licence or International Driving Permit has expired and the licence has not been cancelled for an offence
RSA 18
2(5 penalty units
109
2107
Unlicensed driving in circumstances other than those referred to in codes 2105 and 2106
RSA 18
5 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
110
2108
Fail to produce licence, learner permit or other document on request or within 7 days
RSA 59(1)(a) and (2), TCMA 216(1)(a) and (2)
1 penalty unit
111
2109
Probationary driver failing to have licence in his or her possession while driving or in charge of a motor vehicle
RSA 21(1A)
1 penalty unit
112
8377
Probationary driver who drives a probationary prohibited vehicle on a highway
RS(D)R 57(1)
2 penalty units
113
2111
Breach of a condition of driver licence or permit in Schedule 2 to the RS(D)R (other than E condition)
RSA 18(1)(b)
1 penalty unit
114
2112
Fail to display "L" plates when and as required
RS(D)R 47(1)
1 penalty unit
115
2114
Display "P" plates when not required
RS(D)R 55(2)
1 penalty unit
116
2115
Display "L" plates when not required
RS(D)R 47(3)
1 penalty unit
117
8322
Fail to display driver under instruction plate
RS(D)R 15(3)
1 penalty unit
118
8323
Fail to carry notice explaining code condition
RS(D)R 37(4)
1 penalty unit
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
119
8373
Fail to carry notice explaining condition-overseas or other jurisdiction
RS(D)R 37(5)
1 penalty unit
120
8324
Learner driver towing trailer
RS(D)R 46(1)
2 penalty units
121
8325
Learner driver driving without experienced driver
RS(D)R 46(2)
5 penalty units
122
8326
Learner driver driving tractor without meeting conditions
RS(D)R 46(3)
2 penalty units
123
8374
Experienced driver sitting next to learner driver who is failing to comply with "L" plate requirements
RS(D)R 47(2)
1 penalty unit
124
8327
P1 driver carrying more than one passenger after cancellation or suspension
RS(D)R 60(3)
3 penalty units
125
2116
Fail to notify Corporation of change of name or address
RS(D)R 67(1), RS(V)R 56(1)
1 penalty unit
126
8328
Fail to notify of permanent or long-term injury or illness
RS(D)R 67(2)
1 penalty unit
127
2125
Own or use unregistered motor vehicle with 2 axles (other than a motor cycle)
RSA 7
5 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
128
2126
Own or use unregistered motor vehicle with 3 axles
RSA 7
9 penalty units
129
2127
Own or use unregistered motor vehicle with 4 axles
RSA 7
9 penalty units
130
2128
Own or use unregistered motor vehicle with 5 or more axles
RSA 7
9 penalty units
131
2129
Fail to display "P" plates when and as required
RS(D)R 55(1)
1 penalty unit
132
2569
P1 probationary driver or corresponding novice driver driving a motor vehicle with more than one peer passenger
RS(D)R 61(1)
3 penalty units
133
2571
Holder of motor cycle licence for less than 12 months driving motor cycle that is not a learner approved motor cycle
RS(D)R 58(1)(a)
2 penalty units
134
2572
Holder of motor cycle learner permit driving motor cycle that is not a learner approved motor cycle
RS(D)R 58(2)(a)
2 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
135
2546
P1 probationary licence holder towing another vehicle
RS(D)R 59
2 penalty units
136
2601
Own or use unregistered motor cycle with engine capacity of 60 cc or less
RSA 7
1 penalty unit
137
2602
Own or use unregistered motor cycle with engine capacity of 61 cc or more but less than 501 cc
RSA 7
3 penalty units
138
2603
Own or use unregistered motor cycle with engine capacity of 501 cc or more
RSA 7
5 penalty units
139
2604
Own or use an unregistered trailer that is not a heavy vehicle
RSA 7
1 penalty unit
140
2605
Own or use an unregistered trailer that is a heavy vehicle with 1 axle
RSA 7
4 penalty units
141
2606
Own or use an unregistered trailer that is a heavy vehicle with 2 axles
RSA 7
6 penalty units
142
2607
Own or use an unregistered trailer that is a heavy vehicle with 3 or more axles
RSA 7
9 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
143
2608
Person aged less than 26 years failing to have licence in his or her possession while driving or in charge of motor vehicle
RSA 19(8)
0(5 penalty unit
144
2609
Holder of learner permit failing to have learner permit in his or her possession while driving or in charge or motor vehicle
RSA 22(6)
0(5 penalty unit
144A
8386
Use of vehicle where number plate not affixed or displayed in accordance with regulations
RS(V)R 50(1), 50(2)
1 penalty unit
144B
2119
Use of vehicle where registration label altered, incorrect, misrepresented or not affixed in accordance with regulations
RS(V)R 55(1), 55(2), 245(1), 245(2), 245(3), 245(4), 245(5), 246(1), 246(2), 246(3), 246(4), 246(5), 247(1), 247(2), 247(3), 247(4), 247(5)
1 penalty unit
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
144C
2120
Fail to return number plates
RS(V)R 70(2), 118(2), 118(3)
1 penalty unit
144D
2121
Fail to comply with transfer requirements-non dealer
RS(V)R 71(1), 71(2), 71(3)
1 penalty unit
144E
2122
Fail to comply with repossession or restoration requirements
RS(V)R 77(1), 77(2)
1 penalty unit
144F
2123
Fail to comply with transfer requirements- dealer
RS(V)R 72(1), 73(1)
2 penalty units
144G
8384
Use of vehicle with altered, incorrect or misrepresented number plate
RS(V)R 245(1), 245(2), 245(3), 245(4), 245(5), 246(1), 246(2), 246(3), 246(4), 246(5), 247(1), 247(2), 247(3), 247(4), 247(5)
2 penalty units
Miscellaneous
145
1907
Long vehicle failing to keep minimum distance behind another long vehicle
RR 127(1)
2 penalty units
146
2131
Reverse from median strip parking area
RR 212(2)
1 penalty unit
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
147
2132
Reverse when unsafe or further than is reasonable
RR 296(1) and (2)
1 penalty unit
148
2133
Drive motor vehicle on a path, nature strip, traffic island or dividing strip
RR 137(1), 288(1), 289(1) and 290
1 penalty unit
149
2134
Place or leave dangerous substance on road or leave thing dropped from vehicle on road
RR 293(2), RS(TM)R 35
1·25 penalty units
150
2135
Leave motor vehicle unattended with keys in ignition, motor running, brakes not secured or doors unlocked
RR 213(2), (3), (4) and (5)
1 penalty unit
151
2136
Fail to drive sufficient distance behind a vehicle
RR 126
1(5 penalty units
152
2137
Fail to obey traffic direction given by police officer or authorised person
RR 304(1)
2 penalty units
153
2138
Drive in a tram lane or tramway
RR 155(1) and 155A(1)
1 penalty unit
154
2139
Enter an intersection or crossing when the intersection or crossing is blocked or the road beyond the intersection or crossing is blocked
RR 128
1 penalty unit
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
155
2140
Impede a tram
RR 76(1) and (2)
1 penalty unit
156
8352
Drive unlawfully in bicycle lane
RR 153(1)
1(5 penalty units
157
8378
Drive unlawfully in bus, transit or truck lane
RR 154(1), 156(1), and 157(1)
1 penalty unit
158
2144
An owner or a relevant nominated person failing to provide information when required
RSA 60 and 60A
6 penalty units
159
2146
Drive with empty bicycle carrier
RR 405
1 penalty unit
160
2522
Stop on a keep clear marking
RR 96(1)
1 penalty unit
161
2523
Ride motor bike more than two abreast
RR 151(1) and 151(2)
1 penalty unit
162
2524
Drive over continuous white edge line
RR 150
1 penalty unit
163
2525
Drive motor vehicle with person in attached trailer
RR 298(1)
2 penalty units
164
2526
Drive motor vehicle with TV or VDU operating
RR 299(1)
2 penalty units
165
2527
Fail to comply with roundabout requirements
RR 115(1)
1(75 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
165A
1908
Use large vehicle that is unsafe or has been modified or does not comply with the Standards for Registration
RS(V)R 257(1), 258(1), 258(2), 259(1)
3·5 penalty units
165B
2143
Use vehicle (other than a large vehicle) that is unsafe or has been modified or does not comply with the Standards for Registration
RS(V)R 257(1), 258(1), 258(2), 259(1)
2·5 penalty units
165C
2145
Remove or deface defective vehicle label
RS(V)R 244
2 penalty units
165D
2147
Use or permit use of vehicle other than a heavy vehicle in breach of major vehicle defect notice
RS(V)R 240(1)
2·5 penalty units
165E
2148
Use or permit use of vehicle in breach of minor vehicle defect notice
RS(V)R 240(1)
1·5 penalty units
165F
8385
Use or permit use of heavy vehicle in breach of major vehicle defect notice
RS(V)R 240(1)
5 penalty units
165G
8387
Use vehicle without warning signal for rear projection
RS(V)R 175(1), 175(2), 175(3)
2·5 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
Fatigue management
166
7301
Solo driver not working under accreditation who contravenes maximum work requirement-minor risk offence
RSA 191L (2)(a) and (4)
3 penalty units
167
7302
Solo driver not working under accreditation who contravenes maximum work requirement-substantial risk offence
RSA 191L (2)(a) and (4)
6 penalty units
168
7303
Solo driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period of 11 hours or less-minor risk offence
RSA 191L (2)(b) and (4)
2 penalty units
169
7304
Solo driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period greater than 11 hours-minor risk offence
RSA 191L (2)(b) and (4)
3 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
170
7305
Solo driver not working under accreditation who contravenes minimum rest requirement-substantial risk offence
RSA 191L (2)(b) and (4)
6 penalty units
171
7306
Solo driver of a bus not working under accreditation who contravenes maximum work requirement-minor risk offence
RSA 191M (2)(a) and (4)
3 penalty units
172
7307
Solo driver of a bus not working under accreditation who contravenes maximum work requirement-substantial risk offence
RSA 191M (2)(a) and (4)
6 penalty units
173
7308
Solo driver of a bus not working under accreditation who contravenes minimum rest requirement required to be taken in any period of 11 hours or less-minor risk offence
RSA 191M (2)(b) and (4)
2 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
174
7309
Solo driver of a bus not working under accreditation who contravenes minimum rest requirement required to be taken in any period greater than 11 hours-minor risk offence
RSA 191M (2)(b) and (4)
3 penalty units
175
7310
Solo driver of a bus not working under accreditation who contravenes minimum rest requirement-substantial risk offence
RSA 191M (2)(b) and (4)
6 penalty units
176
7311
Two-up driver not working under accreditation who contravenes maximum work requirement-minor risk offence
RSA 191N (2)(a) and (4)
3 penalty units
177
7312
Two-up driver not working under accreditation who contravenes maximum work requirement-substantial risk offence
RSA 191N (2)(a) and (4)
6 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
178
7313
Two-up driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period of 11 hours or less-minor risk offence
RSA 191N (2)(b) and (4)
2 penalty units
179
7314
Two-up driver not working under accreditation who contravenes minimum rest requirement required to be taken in any period greater than 11 hours-minor risk offence
RSA 191N (2)(b) and (4)
3 penalty units
180
7315
Two-up driver not working under accreditation who contravenes minimum rest requirement-substantial risk offence
RSA 191N (2)(b) and (4)
6 penalty units
181
7316
Solo driver working under BFM accreditation who contravenes maximum work requirement-minor risk offence
RSA 191O (2)(a) and (4)
3 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
182
7317
Solo driver working under BFM accreditation who contravenes maximum work requirement-substantial risk offence
RSA 191O (2)(a) and (4)
6 penalty units
183
7318
Solo driver working under BFM accreditation who contravenes minimum rest requirement required to be taken in any period of 12 hours or less-minor risk offence
RSA 191O (2)(b) and (4)
2 penalty units
184
7319
Solo driver working under BFM accreditation who contravenes minimum rest requirement required to be taken in any period greater than 12 hours-minor risk offence
RSA 191O (2)(b) and (4)
3 penalty units
185
7320
Solo driver working under BFM accreditation who contravenes minimum rest requirement-substantial risk offence
RSA 191O 2)(b) and (4)
6 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
186
7321
Two-up driver working under BFM accreditation who contravenes maximum work requirement-minor risk offence
RSA 191P (2)(a) and (4)
3 penalty units
187
7322
Two-up driver working under BFM accreditation who contravenes maximum work requirement-substantial risk offence
RSA 191P (2)(a) and (4)
6 penalty units
188
7323
Two-up driver working under BFM accreditation who contravenes minimum rest requirement-minor risk offence
RSA 191P (2)(b) and (4)
3 penalty units
189
7324
Two-up driver working under BFM accreditation who contravenes minimum rest requirement-substantial risk offence
RSA 191P (2)(b) and (4)
6 penalty units
190
7325
Driver working under AFM accreditation who contravenes maximum work requirement-minor risk offence
RSA 191Q (2)(a) and (4) and 191QA(1)
3 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
191
7326
Driver working under AFM accreditation who contravenes maximum work requirement-substantial risk offence
RSA 191Q (2)(a) and (4) and 191QA(2)
6 penalty units
192
7327
Driver working under AFM accreditation who contravenes minimum rest requirement-minor risk offence
RSA 191Q (2)(b) and (4) and 191QA(1)
3 penalty units
193
7328
Driver working under AFM accreditation who contravenes minimum rest requirement-substantial risk offence
RSA 191Q(2)(b) and (4) and 191QA(2)
6 penalty units
194
7329
Driver working under AFM accreditation who contravenes maximum work requirement by exceeding the AFM outer limits-substantial risk offence
RSA 191Q (2A)(a) and (4) and 191QA(2)
6 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
195
7330
Driver working under AFM accreditation who contravenes minimum rest requirement under the AFM outer limits-substantial risk offence
RSA 191Q (2A)(b) and (4) and 191QA(2)
6 penalty units
196
7331
Fail to comply with requirements for changing from one work/rest hours option to a different work/rest hours option
RSA 191R(3)
6 penalty units
197
7332
Fail to record information in work diary immediately after starting work on relevant day
RSA 191T(2)
6 penalty units
198
7333
Fail to record information in work diary immediately before or after work/rest change on relevant day
RSA 191T(3)
6 penalty units
199
7334
Fail to record total work time and total rest time immediately before finishing work on relevant day
RSA 191T(4)
6 penalty units
200
7335
Fail to provide two-up driver with requested details
RSA 191T(6)
6 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
201
7336
Fail to comply with requirements for how to record information in a written work diary
RSA 191U(1)
6 penalty units
202
7337
Fail to comply with requirements for how to record information in an electronic work diary
RSA 191U(2)
6 penalty units
203
7338
Fail to record in work diary time in time zone of driver base of vehicle
RSA 191U(3)
6 penalty units
204
7339
Fail to notify Corporation in writing of filled up, destroyed, lost, stolen or malfunctioning work diary or to apply for replacement work diary
RSA 191V(2)
8 penalty units
205
7340
Fail to comply with requirements when lost or stolen written work diary is found or returned after replacement work diary has been issued
RSA 191V(3)
8 penalty units
206
7341
Fail to notify record keeper of malfunctioning electronic work diary
RSA 191V(4)
8 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
207
7342
Fail to inform relevant persons of malfunctioning odometer
RSA 191W(3)
8 penalty units
208
7343
Fail to give copy of driver's diary entries to record keeper
RSA 191Y(7)
6 penalty units
209
7344
Fail to give copy of information recorded in work diary upon changing record keepers
RSA 191Y(9)
6 penalty units
210
7345
Fail to provide list of drivers under BFM accreditation and changes to that list
RSA 191ZN(3)
6 penalty units
211
7346
Fail to advise of change or end of BFM accreditation, in the case of a corporation
RSA 191ZO(1)
30 penalty units
212
7347
Fail to advise of change or end of BFM accreditation, in any other case
RSA 191ZO(1)
6 penalty units
213
7348
Fail to return documents to BFM operator
RSA 191ZO(2)
6 penalty units
214
7349
Fail to have BFM documents in possession
RSA 191ZOA(1)
6 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
215
7350
Fail to ensure driver has BFM documents in possession
RSA 191ZOA(2)
6 penalty units
216
7351
Fail to return BFM documents when required
RSA 191ZOA(3)
6 penalty units
217
7352
Fail to have AFM documents in possession
RSA 191ZW(1)
6 penalty units
218
7353
Fail to return AFM documents when required
RSA 191ZW(3)
6 penalty units
219
7354
Fail to provide list of drivers under AFM accreditation and changes to that list
RSA 191ZX(3)
6 penalty units
220
7355
Fail to advise of change or end of AFM accreditation, in the case of a corporation
RSA 191ZY(1)
30 penalty units
221
7356
Fail to advise of change or end of AFM accreditation, in any other case
RSA 191ZY(1)
6 penalty units
222
8362
Label a device that is not an approved electronic work diary
RS(D)R 101(3)
3 penalty units
223
8363
Use a device that is falsely labelled as an approved electronic work diary
RS(D)R 101(4)
3 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
224
8364
Fail to comply with a direction by the Corporation varying the approval of an electronic work diary
RS(D)R 104(3)
3 penalty units
225
8365
Fail to comply with a direction by the Corporation to remove a label from a cancelled electronic work diary
RS(D)R 105(2)
3 penalty units
226
8366
Fail to comply with a direction by the Corporation cancelling the approval of an electronic work diary
RS(D)R 105(3)
3 penalty units
227
8367
A person who is aware that the approval of a diary in the person's possession has been cancelled must remove from the diary any label that relates to the cancelled approval
RS(D)R 105(6)
3 penalty units
Mass Limits
228
4451
Operator of vehicle in breach of mass limit-minor risk breach, where operator is a body corporate
RSA 174(1)
7(5 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
229
4452
Operator of vehicle in breach of mass limit-minor risk breach, where the operator is not a body corporate
RSA 174(1)
1(5 penalty units
230
4453
Operator of vehicle in breach of mass limit-substantial risk breach, 5% or more excess but less than 10% excess, where operator is a body corporate
RSA 174(1)
10 penalty units
231
4454
Operator of vehicle in breach of mass limit-substantial risk breach, 5% or more excess but less than 10% excess, where operator is not a body corporate
RSA 174(1)
2 penalty units
232
4455
Operator of vehicle in breach of mass limit-substantial risk breach, 10% or more excess but less than 15% excess, where operator is a body corporate
RSA 174(1)
20 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
233
4456
Operator of vehicle in breach of mass limit-substantial risk breach, 10% or more excess but less than 15% excess, where operator is not a body corporate
RSA 174(1)
4 penalty units
234
4457
Operator of vehicle in breach of mass limit-substantial risk breach, 15% or more excess but less than 20% excess, where operator is a body corporate
RSA 174(1)
20 penalty units
235
4458
Operator of vehicle in breach of mass limit-substantial risk breach, 15% or more excess but less than 20% excess, where operator is not a body corporate
RSA 174(1)
10 penalty units
236
4459
Driver of vehicle in breach of mass limit-minor risk breach
RSA 175(1)
1(5 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
237
4460
Driver of vehicle in breach of mass limit-substantial risk breach, 5% or more excess but less than 10% excess
RSA 175(1)
2 penalty units
238
4461
Driver of vehicle in breach of mass limit-substantial risk breach, 10% or more excess but less than 15% excess
RSA 175(1)
4 penalty units
239
4462
Driver of vehicle in breach of mass limit-substantial risk breach, 15% or more excess but less than 20% excess
RSA 175(1)
10 penalty units
Limits and requirements other than mass limits
240
4463
Operator of vehicle in breach of width, length or height limit or load restraint requirement-minor risk breach, where operator is a body corporate
RSA 174(1)
7(5 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
241
4464
Operator of vehicle in breach of width, length or height limit or load restraint requirement-minor risk breach, where operator is not a body corporate
RSA 174(1)
1(5 penalty units
242
4465
Operator of vehicle in breach of width, length or height limit or load restraint requirement-substantial risk breach, where operator is a body corporate
RSA 174(1)
20 penalty units
243
4466
Operator of vehicle in breach of width, length or height limit or load restraint requirement-substantial risk breach, where operator is not a body corporate
RSA 174(1)
4 penalty units
244
4467
Driver of vehicle in breach of width, length or height limit or load restraint requirement-minor risk breach
RSA 175(1)
1(5 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
245
4468
Driver of vehicle in breach of width, length or height limit or load restraint requirement-substantial risk breach
RSA 175(1)
4 penalty units
246
4469
Consignor fail to provide complying container weight declaration to operator, where consignor is a body corporate
RSA 184(2)
20 penalty units
Sch. 7
247
4470
Consignor fail to provide complying container weight declaration to driver or other carrier, where consignor is not a body corporate
RSA 184(2)
4 penalty units
248
4471
Operator fail to ensure container weight declaration provided to driver or other carrier, where operator is a body corporate
RSA 185(2) and 185(3)
20 penalty units
249
4472
Operator fail to ensure container weight declaration provided, where operator is not a body corporate
RSA 185(2) and 185(3)
4 penalty units
250
4473
Driver fail to obtain or keep container weight declaration
RSA 186(1) and 186(2)
4 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
250A
4474
Use vehicle exceeding permitted dimensions
RS(V)R 174(1), 174(2), 174(3)
2·5 penalty units
Directions and orders
251
4475
Failure by a body corporate to comply with a direction of inspector
RSA 168(1)
20 penalty units
252
4476
Failure by a person other than a body corporate to comply with a direction of inspector
RSA 168(1)
10 penalty units
253
4477
Failure by a body corporate to comply with condition imposed under direction or authorisation
RSA 168(2)
20 penalty units
254
4478
Failure by a person other than a body corporate to comply with condition imposed under direction or authorisation
RSA 168(2)
10 penalty units
Bicycles
255
2221
Fail to obey traffic direction given by police officer or authorised person
RR 304(1)
2 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
256
8332
Bicyclist fail to leave intersection as soon as possible if bicycle crossing lights change to red while in intersection; Bicyclist fail to leave intersection as soon as possible if unable to stop and entering intersection on yellow light; Bicyclist fail to clear intersection as soon as possible if lights change to red while in the intersection
RR 57(3) and 61(5)
1 penalty unit
257
2222
Fail to obey traffic lights
RR 56(1), 56(2), 57(1), 57(2), 59(1), 60, 61(2), 65(2), 66(1), 66(4), 152(1), 260(1), 260(2), 261(1) and 262(1)
2(5 penalty units
258
2223
Fail to obey traffic sign (other than a traffic sign referred to in Code 2239 or 2240)
RR 34(1), 36, 39(1), 39(2), 41, 88(1), 88(2), 89(1), 89(2), 90, 91(1), 91(2), 93(1), 94, 98(1), 100, and 252(1)
1 penalty unit
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
259
2224
Fail to keep left
RR 129(1), 132(1) and (2A)
1 penalty unit
260
8383
Ride over or conduct a U-turn over a continuous single line, continuous single to left of broken line or double lines
RR 132(2)
1 penalty unit
261
2226
Fail to give way
RR 38, 64, 72(1), 73(1), 74(1), 75(1), 77(1), 78(1), 78(2), 79(1), 81(2), 83, 84(1), 87(1), 114(1), 114(2), 164(1), 164A(1), 247B(1) and 247B(2)
1 penalty unit
262
8331
Fail to give signal
RR 48(1)
1 penalty unit
263
2228
Fail to have lights or equipment
RR 258 and 259
1(25 penalty units
264
2229
Riding improperly
RR 27(1), 28(1), 28(1A), 28(2A), 29(1), 31(1), 32(1), 33(1), 32(2A), 245, 246(1), 246(2), 246(3), 247A(1) and 255
1 penalty unit
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
265
8357
Bicyclist carry person in bicycle trailer while bicyclist is under 16, or passenger over 10, or without helmet
RR 257(1)
1(25 penalty units
266
2230
Misuse bicycle path, separated footpath or shared path or footpath or fail to use bicycle lane
RR 247(1), 249, 250(1), 250(2) and 251
1 penalty unit
267
2231
Bicycle drawn by other vehicle
RR 254(1) and 254(2)
1(25 penalty units
268
2232
Ride more than 2 abreast
RR 151(1) and 151(2)
1 penalty unit
269
2233
Rider or passenger failing to wear securely fitted approved bicycle helmet
RR 256(1) and 256(2)
1(25 penalty units
270
2234
Use a bicycle to carry a person who is not wearing a securely fitted approved bicycle helmet
RR 256(3)
1(25 penalty unit
271
2235
Ride bicycle on dividing strip, footpath, nature strip, painted island or traffic island when not permitted
RR 137(1), 138(1), 289(1) and 290
1 penalty unit
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
272
2236
Ride bicycle across a children's, pedestrian or marked foot crossing
RR 248(1) and 248(2)
1 penalty unit
273
2237
Overtake to left of left turning vehicle
RR 141(2)
1 penalty unit
274
2238
Fail to comply with roundabout requirements
RR 115(1)
1 penalty unit
275
2239
Fail to obey stop, stop here on red signal or stop here on red arrow sign
RR 67(1), 68(1), 101(1) and 101(2)
2 penalty units
276
2240
Fail to obey give way sign; fail to obey arrester bed or safety ramp sign
RR 69(1), 70, 71(1) and 101A(1)
2 penalty units
277
8329
Perform unsafe U-turn
RR 37
2 penalty units
278
8336
Fail to stop and remain stationary at children's crossing
RR 80(2), 80(3) and 80(4)
2(5 penalty units
279
8337
Pass stopped vehicle at children's crossing or pedestrian crossing
RR 82
2(5 penalty units
280
8339
Fail to obey traffic lane arrow
RR 92(1)
1(25 penalty units
281
8340
Fail to obey emergency stopping lane only sign
RR 95(1)
2 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
282
8341
Fail to stop or give way at level crossing
RR 121, 122 and 123
5 penalty units
283
8342
Fail to drive sufficient distance behind a vehicle
RR 126
1(5 penalty units
284
8343
Fail to keep left of oncoming vehicle
RR 131(1)
1(75 penalty units
285
8344
Drive on wrong side of divided road
RR 135(1)
2 penalty units
286
8345
Drive in wrong direction on a one-way service road
RR 136
1(75 penalty units
287
8346
Pass to right of right turning vehicle or a vehicle making a U-turn from the centre of the road
RR 142(1) and 143(2)
2 penalty units
288
8348
Overtake vehicle with DO NOT OVERTAKE TURNING VEHICLE sign on left
RR 143(1) and (1A)
2 penalty units
289
8350
Fail to leave enough room when overtaking, or cut in too soon
RR 144
2 penalty units
290
8351
Improperly overtake or pass or change lanes or line of traffic without giving way
RR 148(1), 148(2) and 148A
1(5 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
291
8353
Pass to right or left of tram
RR 160(2) and 160(3)
2 penalty units
292
8355
Fail to keep left of safety zone or stop behind tram
RR 162(1) and 163(1)
2.5 penalty units
Pedestrians
292A
2241
Fail to obey traffic direction given by police officer or authorised person
RR 304(1)
2 penalty units
293
2242
Fail to obey traffic lights
RR 231(1) and 232(1)
0(5 penalty unit
294
2243
Walk improperly on road
RR 230(1), 233(1), 233(2), 234(2), 238(1), 238(2) and 239(1)
0(5 penalty unit
295
2244
Alight from or board moving vehicle
RR 237(1) and 269(1)
0(5 penalty unit
296
2245
Crossing road within 20 metres of pedestrian crossing
RR 234(1)
0(5 penalty unit
297
2246
Cross level crossing when not permitted
RR 235 (1), 235(2), 235(2A) and 235A(2)
0(5 penalty unit
298
2247
Fail to give way when crossing a bicycle path or separated footpath
RR 239(3)
0(5 penalty unit
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
299
2248
Person on road to solicit contributions or employment, hitchhike, sell, clean etc.
RR 236(4) and 401
0(5 penalty unit
300
2249
Fail to obey no pedestrians sign or road access sign
RR 228 and 229
1(75 penalty unit
Passenger Vehicles
*
*
*
*
*
Signs
302
2501
Fail to obey turn prohibition or requirement sign or marking
RR 34(1), 39(1), 39(2), 40, 41, 88(1), 88(2), 89(1), 89(2), 90, 91(1), 91(2), 159(1) and 212(1)
1(25 penalty units
303
2502
Fail to obey one-way or no entry sign
RR 98(1) and 100
2 penalty units
304
2503
Fail to obey no overtaking or passing or no overtaking on bridge sign
RR 93(1) and 94
2 penalty units
305
2504
Fail to obey keep left or keep right sign
RR 99(1) and 99(2)
1 penalty unit
306
2505
Fail to obey stop sign
RR 67(1), 68(1), 101(1) and 101(2)
2 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
307
2506
Fail to obey give way sign
RR 69(1), 70 and 71(1)
2 penalty units
308
2507
Fail to obey emergency stopping lane only sign
RR 95(1)
2 penalty units
309
2511
Fail to obey no trucks sign
RR 104(1), 104(2) and 104(3)
1 penalty unit
310
2512
Fail to obey trucks must enter or buses must enter sign
RR 105 and 107
2 penalty units
311
2517
Disobey information on road access sign
RR 97(1)
1 penalty unit
312
2518
Fail to obey no buses sign
RR 106(1), 106(2) and 106(3)
1 penalty unit
313
8338
Fail to obey traffic lane arrow
RR 92(1)
1(25 penalty units
314
8335
Fail to obey safety ramp or arrester bed sign
RR 101A(1)
2 penalty units
314A
2509
Fail to obey low clearance or clearance sign
RS(V)R 253(1), 253(3), 253(4)
5 penalty units
314B
2513
Exceed mass limit sign by up to 1 tonne
RS(V)R 252(2), 252(3), 252(4)
1·5 penalty units
314C
2514
Exceed mass limit sign by 1·01 to 2 tonnes
RS(V)R 252(2), 252(3), 252(4)
3 penalty units
314D
2515
Exceed mass limit sign by 2·01 to 3 tonnes
RS(V)R 252(2), 252(3), 252(4)
4 penalty units
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
314E
2516
Exceed mass limit sign by 3·01 to 4 tonnes
RS(V)R 252(2), 252(3), 252(4)
5 penalty units
Riders of animals
315
2529
Rider or person being carried who is under 18 years fail to wear approved helmet
RR 303A
1(25 penalty units
316
2530
Fail to give way to pedestrians on footpath or nature strip
RR 302
1 penalty unit
317
2531
Fail to give way to a vehicle leaving a roundabout
RR 119
1 penalty unit
318
2532
Ride animal more than 2 abreast
RR 303(1) and 303(2)
1 penalty unit
Wheeled Recreation Devices
319
2551
Travel in or on a wheeled recreation device on a prohibited road or disobeying a sign
RR 240A, 240(1) and 240(2)
0(5 penalty unit
320
2552
Travel improperly on a road in or on a wheeled recreation device
RR 241(1) and 242(1)
0(5 penalty unit
321
2553
Travel on rollerblades/roller-skates on pedestrian side of separated footpath
RR 243(1)
0(5 penalty unit
Item No.
Column 1
Code
Column 2
Summary of infringement offence
Column 3
Prescribed infringement offence
Column 4
Infringement penalty
Column 5
322
2554
Person on rollerblades/roller-skates failing to keep out of the path of bicycle on bicycle path or separated footpath
RR 243(2)
0(5 penalty unit
323
2555
Travel in or on wheeled recreational device while it is being towed by a vehicle, while holding onto moving vehicle, or within 2 metres of the rear of a moving vehicle continuously for more than 200 metres
RR 244(1), 244(2) and 244(3)
0(5 penalty unit
324
8356
Travelling improperly on a scooter
RR 244B(1), 244B(4) and 244B(5)
1(25 penalty units
__________________
$$A
$$T
Road Safety (General) Regulations 2009
- SCHEDULE 8
$$T
$$NSCHEDULE
Regulation 84
PUBLIC AUTHORITIES, PRESCRIBED PERSONS AND PRESCRIBED FUNDS FOR APPROPRIATION OF FINES
Column 1
Column 2
Roads Corporation
The general fund of the Roads Corporation
A Board established under Part 4 of the Alpine Resorts (Management) Act 1997
The general account of that Board
Parks Victoria established under the Parks Victoria Act 1998.
The general fund of Parks Victoria
A Council within the meaning of the Local Government Act 1989
The municipal fund of that council
Melbourne Water Corporation constituted under the Water Act 1989
The general fund of the Melbourne Water Corporation
The council of a university established by or under any Act
The fund of that university
A council incorporated under the Education and Training Reform Act 2006 or the council or governing body of a TAFE institute within the meaning of that Act
The fund of that council or governing body
A committee of management under the Crown Land (Reserves) Act 1978
The fund of that committee of management
Melbourne Market Authority established under the Melbourne Market Authority Act 1977
The general fund of the Melbourne Market 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
The Port of Melbourne Corporation established under the Port Services Act 1995
The general fund of the Port of Melbourne Corporation
$$A
$$T
ROAD SAFETY (GENERAL) REGULATIONS 2009
- NOTES
$$T
$$NNOTES
ENDNOTES
1 General Information
The Road Safety (General) Regulations 2009, S.R. No. 115/2009 were made on 29 September 2009 by the Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council under section 95 of the Road Safety Act 1986, No. 127/1986 and came into operation on 9 November 2009: regulation 3.
The Road Safety (General) Regulations 2009 will sunset 10 years after the day of making on 29 September 2019 (see section 5 of the Subordinate Legislation Act 1994).
2 Table of Amendments
This Version incorporates amendments made to the Road Safety (General) Regulations 2009 by statutory rules, subordinate instruments and Acts.
-------------------------------------------------------------
Road Safety (General) Amendment Regulations 2009, S.R. No. 130/2009
Date of Making:
27.10.09
Date of Commencement:
9.11.09: reg. 3
Road Safety (General) Amendment Regulations 2010, S.R. No. 16/2010
Date of Making:
2.3.10
Date of Commencement:
2.3.10
Road Safety (General) Amendment (Application of Fees) Regulations 2010, S.R. No. 52/2010
Date of Making:
23.6.10
Date of Commencement:
1.7.10: reg. 3
Road Safety (General) Further Amendment Regulations 2010, S.R. No. 134/2010
Date of Making:
26.10.10
Date of Commencement:
Regs 5, 7 on 26.10.10: reg. 3(1); reg. 6 on 12.12.10: reg. 3(2)
Road Safety (General) Amendment Regulations 2011, S.R. No. 62/2011
Date of Making:
12.7.11
Date of Commencement:
12.7.11
Road Safety (General) Amendment (Preliminary Breath Test Device) Regulations 2011, S.R. No. 126/2011
Date of Making:
8.11.11
Date of Commencement:
8.11.11
-------------------------------------------------------------
3 Explanatory Details
1 Schedule 6, item 103: The Melbourne Parks and Gardens (Joint Trustee Reserves) Regulations 1994 were made under section 13 of the Crown Land (Reserves) Act 1978 and published in the Government Gazette on 12 January 1995 (pages 94-102) with subsequent amendments (as at 9 November 2009) published in the Government Gazettes of 5 March 1996 (S17 pages 2, 3), 16 April 1996 (S37 pages 1, 2), 15 January 1997 (S5 page 1), 26 November 1998 (S138 page 1), 20 December 2001 (page 3264), 2 April 2002 (S56 page 1), 30 March 2006 (S98 page 1) and 24 January 2008 (G4 page 177). Section 13(5) of the Crown Land (Reserves) Act 1978 provides that a contravention of a regulation made under section 13 of that Act is liable to a penalty of not more than 2 penalty units.
--
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2011 is $122.14.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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Road Safety (General) Regulations 2009
S.R. No. 115/2009
1
Regulation Page
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