Transport (Infringements) (Further Amendment) Regulations 2006
S.R. No. 138/2006
table of provisions
RegulationPage
RegulationPage
1.Objective
2.Authorising provisions
3.Commencement
4.Principal regulations
5.Graduated penalties for repeat ticket and transport
infringements
6.New regulation 202B inserted
202B.Original prescribed penalty prevails
7.Safety work infringement
8.Form of infringement notices
9.Amendment of Schedule 3
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ENDNOTES
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Transport (Infringements) (Further Amendment) Regulations 2006
statutory rules 2006
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Transport (Infringements) (Further Amendment) Regulations 2006
Transport Act 1983
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S.R. No. 138/2006
Transport (Infringements) (Further Amendment) Regulations 2006
Transport (Infringements) (Further Amendment) Regulations 2006
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S.R. No. 138/2006
Transport (Infringements) (Further Amendment) Regulations 2006
The Governor in Council makes the following Regulations:
Dated: 10 October 2006
Responsible Minister:
PETER BATCHELOR
Minister for Transport
RUTH LEACH
Clerk of the Executive Council
1.Objective
The objective of these Regulations is to amend the Transport (Infringements) Regulations 1999 to—
(a)make further provision for the operation of the graduated penalties scheme in respect of ticket and transport infringements and provide for penalties imposed to be revised; and
(b)provide for new transport infringements; and
(c)provide for new and revised taxi-cab infringements; and
(d)make consequential amendments to Schedule3 as a result of amendments made by the Rail Safety Act 2006to the Transport Act 1983.
2.Authorising provisions
r. 2
These Regulations are made under sections 215 and 215G of the Transport Act 1983.
3.Commencement
(1)These Regulations (except regulations 9(1)(a), 9(1)(c), 9(2)(a), 9(2)(d) and 9(3)) come into operation on 1 December2006.
(2)Regulations 9(1)(a), 9(1)(c), 9(2)(a), 9(2)(d) and 9(3) come into operation on 1 January 2007.
4.Principal Regulations
In these Regulations, the Transport (Infringements) Regulations 1999[1] are called the Principal Regulations.
5.Graduated penalties for repeat ticket and transport infringements
(1)In regulation 202A(1) of the Principal Regulations, for "3224"(wherever occurring) substitute"3235".
(2)After regulation 202A(4) of the Principal Regulations insert—
"(4A)If the infringement notice for a transport or ticket infringement committed by a person in the relevant period is cancelled or withdrawn after the penalty for a current infringement committed by the person has been calculated in accordance with sub-regulation (2) or(3)—
(a)the penalty for the current infringement is taken to be the penalty applicable as if that transport or ticket infringement in the relevant period had not been committed; and
(b)any payment made that exceeds the penalty payable under paragraph (a) must be refunded.".
(3)After regulation 202(5) of the Principal Regulations insert—
"(6)This regulation does not apply to or in relation to a transport or ticket infringement if the infringement notice is issued by a member of the police force.".
6.New regulation 202B inserted
r. 6
After regulation 202A of the Principal Regulations insert—
"202B.Original prescribed penalty prevails
(1)If a person is served with an infringement notice that sets out a penalty calculated in accordance with regulation 201(2) or 202(2) and the infringement committed by the person was such that the penalty set out in the infringement notice should have been calculated in accordance with regulation 202A, despite that fact, the penalty set out in the infringement notice is to be taken to continue to apply to the infringement.
(2)If a person is served with an infringement notice that sets out a penalty calculated in accordance with regulation 202A(2) and the infringement committed by the person was such that the penalty set out in the infringement notice should have been calculated in accordance with regulation 202A(3), despite that fact, the penalty set out in the infringement notice is to be taken to continue to apply to the infringement.".
7.Safety work infringement
(1)In regulation 203(1) of the Principal Regulations for "section 94(1)(a) of the Act" substitute "section 76(1)(a) of the Rail Safety Act 2006".
(2)In Column 3 of the Table in regulation 203 of the Principal Regulations, for"T.A. s. 94(1)(a)"substitute"Rail Safety Act 2006s. 76(1)(a)".
8.Form of infringement notices
r. 7
In regulation 205(1)(c) of the Principal Regulations for "section 94(1)(a)" substitute "section 76(1)(a) of the Rail Safety Act 2006".
9.Amendment of Schedule 3
(1)In Schedule 3 to the Principal Regulations, in the Table under the sub-heading "General Conduct Affecting Safety"—
(a)before the item relating to Code 3186 insert—
"s.221ZD(1) / Mounting or attempting to mount part of vehicle not meant for travel, without reasonable excuse / 2·45 / 3168s. 221ZD(2) / Walking or climbing on any part of rail premises not intended for passenger use, without reasonable excuse / 2·45 / 3169
s.221ZE(1) / Travelling or attempting to travel on part of vehicle not meant for travel, without reasonable excuse / 2·45 / 3170
";
(b)after the item relating to Code 3173 insert—
r. 9
"reg. 36(4) / Causing an obstruction when parking a vehicle on rail premises / 1·47 / 3225";
(c)the item set out below is revoked—
"reg. 37or
reg. 38(1) / Travelling on part of vehicle not meant for travel / 2·45 / 3170
".
(2)In Schedule 3 to the Principal Regulations, in the Table under the sub-heading "Railway and Tramway Tracks"—
(a)before the item relating to Code 3181 insert—
"Transport Act 1983s.221X(1)(a) or s.221X(1)(b) / Without the permission of the Director, driving or conveying an overdimensional vehicle across railway tracks / 7·34 / 3184
s.221X(1)(c) / Without the permission of the Director, driving or conveying an overdimensional vehicle across railway tracks that may obstruct, displace or interfere with track or overhead power line / 7·34 / 3185
s.221X(2)(a) or s.221X(2)(b) / Without the permission of the Director, driving or conveying an overdimensional vehicle across tramway tracks / 7·34 / 3206
s.221X(2)(c) / Without the permission of the Director, driving or conveying an overdimensional vehicle across tramway tracks that may obstruct, displace or interfere with track or overhead power line / 7·34 / 3207
Transport (Conduct) Regulations 2005
";
r. 9
(b)after the item relating to Code 3183 insert—
"reg. 40(1) / Pedestrian crossing designated tramway tracks not at a place provided / 2·45 / 3226reg. 40(2)(a) / Pedestrian crossing designated tramway tracks when warning signals are operating / 2·45 / 3227
reg. 40(2)(b) / Pedestrian crossing designated tramway tracks when gates closed / 2·45 / 3228
reg. 40(2)(c) / Pedestrian crossing designated tramway tracks when road vehicle approaching / 2·45 / 3229
reg. 40(2)(f) / Pedestrian crossing designated tramway tracks against authorised person's directions / 2·45 / 3230
";
r. 9
(c)after the item relating to Code 3191 insert—
"reg. 42(1) / Driving or riding across railway or designated tramway tracks other than at a level crossing / 2·45 / 3231reg. 42(2)(a) / Driving or riding across railway or designated tramway tracks when warning signals are operating / 2·45 / 3232
reg. 42(2)(b) / Driving or riding across railway or designated tramway tracks when gates closed / 2·45 / 3233
reg. 42(2)(c) / Driving or riding across railway or designated tramway tracks when rail vehicle or road vehicle approaching / 2·45 / 3234
reg. 42(2)(f) / Driving or riding across railway or designated tramway tracks against authorised person's directions / 2·45 / 3235
";
(d)the items set out below are revoked—
r. 9
"reg. 43(1)(a) or reg. 43(1)(b) / Driving or conveying an overdimensional vehicle across railway tracks / 7·34 / 3184reg. 43(1)(c) / Driving or conveying an overdimensional vehicle across railway tracks that may obstruct, displace or interfere with track or overhead power line / 7·34 / 3185
reg. 43(2) / Driving or conveying an overdimensional vehicle across tramway tracks / 7·34 / 3206
".
(3)In Schedule 3 to the Principal Regulations, in the Table under the sub-heading "Interfering with Equipment or Property"—
(a)before the reference in Column 1 to "Transport (Conduct) Regulations 2005" insert—
"Transport Act 1983s. 221ZF(a) / Applying brake or emergency device without reasonable excuse / 2·45 / 3171
s. 221ZG / Causing vehicle to be stopped without reasonable excuse / 2·45 / 3143
s. 221ZH / Moving, operating, interfering or tampering with equipment or vehicle without permission of an authorised person / 2·45 / 3180
";
(b)the items set out below are revoked—
r. 9
"reg. 50(a) / Applying brake or emergency device / 2·45 / 3171reg. 51 / Causing vehicle to be stopped / 2·45 / 3143
reg. 52 / Interfering with operation of etc. equipment or vehicle without permission / 2·45 / 3180
".
(4)In Schedule 3 to the Principal Regulations, in the Table under the sub-heading "Taxi-Cabs"—
(a)after the item relating to Code 2365 insert—
"reg. 8(3) / Failing to return illegible driver photo card / 0·5 / 2621reg. 8(4) / Failing to return driver photo card when required / 1 / 2622
";
(b)after the item relating to Code 2383 insert—
"reg. 15(1) / Operator of a taxi-cab operating a taxi-cab without a security camera / 2 / 2623reg. 15(2) / Driver of a taxi-cab operating a taxi-cab without a security camera / 2 / 2624
";
(c)after the item relating to Code 2384 insert—
r. 9
"reg. 17(1) / Operating a taxi-cab with a boot without a fitted and approved boot lock release device / 1 / 2625reg. 17(2) / Failing to ensure boot lock release device can be operated from inside the boot, cannot be made inoperable from outside the boot and is kept in good working order / 1 / 2626
";
(d)after the item relating to Code 2399 insert—
"reg. 20(3) / Driver failing to give defect notice to operator / 0·5 / 2627";
(e)after the item relating to Code 2391 insert—
"reg. 26(2) / Operating a taxi-cab without a second indicator lamp fitted when required / 1 / 2628";
(f)after the item relating to Code 2392 insert—
"reg. 26(4) / Operating a taxi-cab when an indicator lamp is not in good working order / 1 / 2629";
(g)in Column 2 of the item relating to Code 2394, before"indicator"insert"both";
(h)in column 2 of the item relating to Code 2396, for 'Failing to display "Not for Hire" sign as required'substitute'Driver failing to display "Not for Hire" sign in correct position on vehicle';
(i)after the item relating to Code 2396 insert—
'reg. 27(3) / Driver failing to display "Not for hire" sign when taxi-cab not available for hire / 1 / 2630';
(j)after the item relating to Code 2397 insert—
"reg. 28(1) / Exceeding specified number of passengers / 1 / 2631";
(k)after the item relating to Code 2409 insert—
"reg. 32(2) / Failure of operator of taxi depot to comply with notice to determine uniform design / 0·5 / 2632";
(l)after the item relating to Code 2413 insert—
"reg. 33(2) / Refusing to accept guide dog / 1·5 / 2633";
(m)after the item relating to Code 2430 insert—
"reg. 41(4) / Failing to give receipt if asked when deposit paid / 0·5 / 2634";
(n)after the item relating to Code 2431 insert—
r. 9
"reg. 43(2) / Failing to accept payment by valid credit or debit card / 1 / 2635reg. 43(3) / Failing to use electronic payment facility / 1 / 2636
reg. 43(5) / Hirer failing to pay fare / 1 / 2637
";
(o)after the item relating to Code 2439 insert—
r. 9
"reg. 44(8) / Failing to comply with notice to have taximeter tested / 1 / 2638";
(p)after the item relating to Code 2441insert—
"reg. 45(3) / Starting taximeter before taxi-cab is ready to move off / 1 / 2639";
(q)in Column 2 of the item relating to Code 2443, for "when required"substitute"as soon as hiring has finished";
(r)after the item relating to Code 2443insert—
"reg. 45(6)(b) / Failing to return taximeter to neutral immediately after taxi-cab stops to let last passenger out / 1 / 2640";
(s)in Column 3 of the item relating to Code 2412 for "2"substitute"15".
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ENDNOTES
Endnotes
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[1] Reg. 4: S.R. No. 112/1999. Reprint No. 2 as at 1 March 2006. Reprinted to S.R. No. 10/2006. Further amended by S.R. No. 86/2006.