Transport Legislation (Amendment) Act 2004

Transport Legislation (Amendment) Act 2004

Act No.

table of provisions

ClausePage

ClausePage

Part 1—Preliminary Matters

1.Purpose

2.Commencement

Part 2—Amendments to the Chattel Securities Act1987

3.Reporting of discharge etc. of registered security interest

Part 3—Amendments to the Melbourne City Link Act 1995

4.Publication of agreements

5.Evidence of agreements

6.Agreement as evidence

7.Amendment consequent to the Road Management Act 2004

8.Fixing of tolls

9.Liability to pay toll and toll administration fees

10.Insertion of sections 72A and 72B

72A.Exemptions from toll administration fee

72B.Charge of toll

11.Further changes concerning tolls

12.Offences detected by prescribed tolling devices

13.New section 87A inserted

87A.Extension of time if no actual notice for offence to driveunregistered vehicle in toll zone

14.Disclosure and use of information to and by the police

15.VicRoads may disclose certain information to a relevant corporation

16.New section 122 inserted

122.Transitional provision—Transport Legislation (Amendment) Act 2004

Part 4—Amendment of Police Regulation Act1958

17.New Part VIB inserted

Part VIB—Disclosure of VEHICLE Accident Information

118L.Definitions

118M.Declaration of non-Victorian statutory insurance schemelaws and persons as statutory scheme insurers

118N.Certain persons may request vehicle accident information from police

118O.Form and content of application for vehicle accident information

118P.Disclosure of vehicle accident information

118Q.Disclosure or use of vehicle accident information for apurpose other than an authorised purpose prohibited

18.Vehicle accident information may be disclosed to certain personsby police

Part 5—Amendment to the Rail Corporations Act1996

19.What determinations may deal with

Part 6—Amendments to the Road Management Act2004

20.Widening of regulation-making powers

21.Additional power for VicRoads

Part 7—Amendments to the Road Safety Act 1986

22.Definitions

23.Different provision may be made on the basis of age in grantinglicences

24.Cancellation, suspension or variation of licences and permits byCorporation

25.Demerits Register

26.Demerits Register

27.Section 26 substituted and new section 26AA inserted

26.Appeal to Magistrates' Court

26AA.Appeal to Magistrates' Court—demerit points

28.Power of court to cancel, suspend or vary licences and permits

29.Appeal to County Court

30.Insertion of section 30A

30A.Court may extend suspension or disqualification period even if offence not committed

31.Alcohol interlocks

32.Offences detected by a photographic detection service

33.New section 67 inserted

67.Extension of time if no actual notice for certain traffic infringements

34.Insertion of sections 77A and 77B

77A.Extension of time limit for certain prosecutions

77B.Special defence for drivers of heavy vehicles

35.Parking infringements

36.Extension of time to object if no actual notice

37.Insertion of sections 93A and 93B

93A.Guidelines for industry codes of practice

93B.Registration of industry codes of practice

38.New section 103H inserted

103H.Transitional provision—sections 27 and 33 of the Transport Legislation (Amendment) Act 2004

39.Insertion of section 103I

103I.Application of amendments made by section 41 of theTransport Legislation (Amendment) Act2004

40.Repeal of transferred definitions

41.Insertion of Parts 10 and 11

PART 10—PROVISIONS CONCERNING BREACHES ofMASS, DIMENSION AND LOAD RESTRAINT limitSand requirements

Division 1—Preliminary Matters

150.Reference to vehicle includes loads and attached
vehicles

151.Statement that mistake of fact defence does not apply notto affect other offences

Division 2—Categorisation of Breaches

152.Purpose of this Division

153.Mass limits

154.Width limit

155.Length limit

156.Height limit

157.Load restraint requirement

158.Upgrading of categorisation in certain circumstances

Division 3—Enforcement Powers Concerning Mass, Dimension or Load Restraint Breaches

159.Application of this Division

160.Meaning of "rectify a breach"

161.Reference to single offence includes multiple offences

162.Rectification of minor risk breaches

163.Rectification of substantial or severe risk breaches

164.Further provision concerning rectification places

165.General provisions concerning directions and authorisations

166.Conditions

167.Operation of directions in relation to a group of
vehicles

168.Person must comply with a direction and conditions

169.Application of Division in relation to other directions

170.Amendment or revocation of directions or conditions

Division 4—Responsibility for Breaches of Mass, Dimensionand Load Restraint Limits and Requirements

171.Liability of consignor

172.Liability of packer

173.Liability of loader

174.Liability of operator

175.Liability of driver

176.Liability of consignee

177.Multiple offenders

178.Penalties applying to offences under this Division andexclusion of double jeopardy

Division 5—Provisions Concerning Defences

179.Reasonable steps defence

180.Reasonable steps defence—reliance on container weightdeclaration

181.Exclusion of mistake of fact defence

Division 6—Container Weight Declarations

182.Consignor for the purposes of this Division

183.Container weight declarations

184.Duty of consignor

185.Duty of operator

186.Duty of driver

187.Liability of consignee—knowledge of matters relating tocontainer weight declaration

Division 7—Sentencing Considerations for Mass, Dimensionor Load Restraint Breaches

188.Matters to be taken into consideration by courts

Division 8—Other Matters

189.Offence to provide false or misleading transport or journey documentation

190.Other powers not affected

191.Contracting out prohibited

Part 11—ADDITIONAL Provisions ConcerningBreaches of Mass, Dimension andLoad Restraint limits and requirementsby Heavy Vehicles

Division 1—Preliminary Matters

192.This Part only applies to relevant heavy vehicle
offences

193.Definitions

194.Meaning of "associate"

195.Meaning of "operator"

Division 2—Additional Offences

196.Victimisation of employee or contractor assisting with,or reporting, offences

197.Other false or misleading statements

198.False or misleading information provided to a responsible person

Division 3—Vicarious Responsibility for Offences

199.Vicarious responsibility for officers and employees

200.Liability of directors, partners, employers and others

201.Liability of registered operators

202.Double jeopardy not to occur

Division 4—Additional Powers of Courts

203.Court may impose period of disqualification from registration

204.Commercial benefits penalty orders

205.Supervisory intervention orders

206.Contravention of supervisory intervention order

207.Prohibition orders

208.Contravention of prohibition order

Division 5—Improvement Notices

209.Improvement notices

210.Amendment of improvement notices

211.Cancellation of improvement notices

212.Appeals against notices

Division 6—Recognition of Certain Non-Victorian Matters

213.Effect of administrative actions of authorities of other jurisdictions

214.Effect of court orders of other jurisdictions

Division 7—Defences

215.Sudden or extraordinary emergency

216.Lawful authority

217.Special defence for owners or operators

218.Other defences

Division 8—Evidentiary Matters

219.Imputation of state of mind of consignee body corporate,employer etc.

220.Evidence regarding manufacturer's ratings

221.Transport documentation and journey documentation

222.Evidence of facts relevant to prosecutions

42.Minor amendments

43.Regulations concerning pilot vehicle drivers

Part 8—Amendments to the Road Safety (Drug Driving) Act2003

44.Statute law revision

Part 9—Amendments to the Sentencing Act 1991

45.Alcohol interlocks

Part 10—Amendments to the Transport Act 1983

46.Insertion of sections 115A–115C

115A.Accreditation following direction

115B.Secretary may give directions concerning arrangementsbetween manager and intending
operator

115C.Secretary not liable for certain acts or omissions undersection 115B

47.Review by Tribunal

48.Circumstances in which interstate commercial passenger vehiclemay operate on highways

49.Transfers of licences

50.Assignments

51.Regulation-making powers—trading in taxi-cab licences

52.Other conditions of tow truck licences

53.Insertion of Division 10 into Part VI

Division 10—Events Affecting Public Transport

192.Meaning of "event" and "organiser"

193.Events to which this Division applies

194.Meaning of "regular public transport service"

195.Organiser must give notice of proposed event

196.Director may ask that a public transport plan be submitted

197.Public transport plans

198.Preparation of public transport plans

199.By when public transport plans to be submitted

200.Director may impose fee

201.Alternative arrangements if time limited

202.Director may waive or reduce time limits

203.Approval of public transport plans

204.Consequences of a failure to comply with this
Division

54.Police may also weigh vehicles

55.Clarification of ticket inspection provision

Part 11—Amendments to the Transport (Rights andResponsibilities) Act 2003

56.Extension of commencement date of amendment in Transport(Rights and Responsibilities) Act 2003

57.Minor amendments

Part 12—Amendments to the Port Services
Act 1995

58.Definitions

59.Reserved land

60.Insertion of new sections 65 and 66

65.Station Pier land deemed to be reserved land

66.Powers of Port of Melbourne Corporation in relation toreserved Crown land

61.Insertion of new Part 17

Part 17—Station Pier—Savings and Transitional

185.Definitions

186.Savings and transitional provisions for Station Pier

187.Transfer of property etc from old body to Port of Melbourne Corporation

62.Further amendments to the Port Services Act 1995

______

SCHEDULE

═══════════════

Endnotes

1

551225B.I2-18/11/2004BILL LA CIRCULATION 18/11/2004

ClausePage

Initiated in Assembly 16 November 2004

A BILL

1

551225B.I2-18/11/2004BILL LA CIRCULATION 18/11/2004

ClausePage

to amend various Acts relating to transportand for other purposes.

1

551225B.I2-18/11/2004BILL LA CIRCULATION 18/11/2004

ClausePage

Transport Legislation (Amendment) Act 2004

1

551225B.I2-18/11/2004BILL LA CIRCULATION 18/11/2004

Act No.

Transport Legislation (Amendment) Act 2004

1

551225B.I2-18/11/2004BILL LA CIRCULATION 18/11/2004

Act No.

Transport Legislation (Amendment) Act 2004

The Parliament of Victoriaenacts as follows:

1

551225B.I2-18/11/2004BILL LA CIRCULATION 18/11/2004

Transport Legislation (Amendment) Act 2004

Act No.

Part 1—Preliminary Matters

1.Purpose

The purpose of this Act is to amend—

(a)the Chattel Securities Act 1987 to reduce the period in which the discharge or extinguishment of a registered security interest must be reported; and

(b)the Melbourne City Link Act 1995 to make various changes concerning tolling and tolling enforcement and various minor amendments in relation to agreements; and

(c)the Police Regulation Act 1958 to allow police to disclose vehicle accident information in certain cases; and

s. 1

(d)the Rail Corporations Act 1996 to restrict what a determination concerning access to a rail transport service may contain; and

(e)the Road Management Act 2004 to enable VicRoads to sell the land from discontinued roads; and

(f)the Road Safety Act 1986—

(i)to authorise shorter driver licence periods for people who are 75 years of age or older; and

(ii)to require that an alcohol interlock condition be imposed for a longer period in certain cases; and

(iii)to make special provision in relation to breaches of mass, dimension and load restraint limits and requirements, in particular where those breaches involve heavy vehicles; and

(iv)to enable the certification of pilot vehicle drivers; and

(v)to otherwise improve the operation of that Act; and

(g)the Road Safety (Drug Driving) Act 2003 to make some statute law revision amendments; and

(h)the Sentencing Act 1991 to require that an alcohol interlock condition be imposed for a longer period in certain cases; and

s. 1

(i)the Transport Act 1983—

(i)to enable deadlocks in relation to proposed agreements between the operators of rail infrastructure and the proposed operators of rolling stock to be resolved; and

(ii)to enable interstate commercial passenger vehicles to operate in Victoria in certain circumstances; and

(iii)to require the licensing authority to be satisfied of certain matters in relation to certain dealings for or in connection with the transfer of a taxi-cab licence or the assignment of rights to operate a vehicle under a taxi-cab licence before authorising the transfer of the licence or assignment of the right; and

(iv)to clarify the scope of the regulation making powers relating to trading in taxi-cab licences; and

(v)to require the organisers of events that may have an impact on public transport to prepare appropriate plans; and

(vi)to otherwise improve the operation of that Act; and

(j)the Transport (Rights and Responsibilities) Act 2003 in minor respects; and

(k)the Port Services Act 1995 to make further provision for Crown land reserves forming part of the port of Melbourne.

2.Commencement

s. 2

(1)This Act (other than sections 8 to 13, 15, 16, 17, 18, 24, 26, 27, 29, 32, 33, 36, 38, 39, 41, 44 and 53 and Part 12) comes into operation on the day after the day on which it receives the Royal Assent.

(2)Sections 8 to 11 and 15 come into operation on a day or days to be proclaimed.

(3)If a provision referred to in sub-section (2) does not come into operation before 1 July 2005, it comes into operation on that day.

(4)Sections 12, 13, 16, 17, 18, 24, 26, 27, 29, 32, 33, 36 and 38 come into operation on 1 February 2005.

(5)Sections 39 and 41 come into operation on a day to be proclaimed.

(6)If a provision referred to in sub-section (5) does not come into operation before 30 September 2005, it comes into operation on that day.

(7)Section 44(1) is deemed to have come into operation on 16 June 2004.

(8)Section 44(2) is deemed to have come into operation on 9 December 2003.

(9)Section 53 comes into operation on a day to be proclaimed.

(10)If section 53 does not come into operation before 1January 2006, it comes into operation on that day.

(11)Part 12 comes into operation on a day to be proclaimed.

s. 2

(12)If Part 12 does not come into operation before 1December 2005, it comes into operation on that day.

______

See:
Act No.
15/1987.
Reprint No. 2
as at
1 July 1999
and amending
Act Nos
99/2000, 44/2001 and 99/2001.
LawToday:

dpc.vic.
gov.au

Part 2—Amendments to the Chattel Securities Act 1987

3.Reporting of discharge etc. of registered security interest

s. 3

(1)In section 19 of the Chattel Securities Act1987—

(a)for "fourteen days" substitute "7 days";

(b)at the foot of the section insert—

"Penalty: 5 penalty units.".

(2)At the end of section 19 of the Chattel Securities Act1987insert—

"(2)If a registered security interest is to be discharged or extinguished by a payment made by cheque or a credit facility, for the purposes of this section the discharge or extinguishment only occurs when the cheque is honoured or the person to whom the credit payment is made receives the amount of the payment in a form that the person can use.".

______

See:
Act No.
107/1995.
Reprint No. 5
as at
31 December 2002
and amending
Act Nos
59/2003, 94/2003, 12/2004 and 49/2004.
LawToday:

dpc.vic.
gov.au

Part 3—Amendments to the Melbourne City Link Act 1995

4.Publication of agreements

s. 4

In section 18A(1) of the Melbourne City Link Act 1995,for "with any reprint of this Act" substitute "at the same time that this Act is reprinted".

5.Evidence of agreements

For section 18A(2) of the Melbourne City Link Act 1995substitute—

"(2)A document purporting to be printed by the Government Printer and to be a copy of a reprint of an agreement made in accordance with sub-section (1) is, on the mere production of the document, admissible as evidence of the agreement before all courts or persons acting judicially within Victoria.".

6.Agreement as evidence

In section 18B(1) of the Melbourne City Link Act 1995, for "of the agreement" substitute "of the exhibit or variation (as the case may be)".

7.Amendment consequent to the Road Management Act 2004

In sections 62(2)(b) and 93I(2) the Melbourne City Link Act 1995, for "a State highway" (wherever occurring) substitute "an arterial road".

8.Fixing of tolls

(1)In the Melbourne City Link Act 1995—

(a) in section 69—

(i)insert the following heading—

"Definitions";

(ii)in the definition of "tollway billing arrangement", after "tollway operator" insert "(or an agent of a tollway operator)";

(b)in section 70—

s. 8

(i)insert the following heading—

"Relevant corporation may fix, charge and collect tolls and toll administration fees";

(ii)in sub-section (1), after "in a toll zone" insert "and toll administration fees".

(2) After section 71(1) of the Melbourne City Link Act 1995insert—

"(1A)If the Agreement or the Extension Agreement (as the case requires) expressly provides for the fixing of a toll administration fee under this sub-section, the relevant corporation, in accordance with this Act and the Agreement or the Extension Agreement (as the case requires), may, by notice published in the Government Gazette, fix toll administration fees that are payable to it and specify the circumstances in which they are payable.".

(3) After section 71(2) of the Melbourne City Link Act 1995insert—

"(2A)A notice under sub-section (1A) may specify different toll administration fees in respect of different cases or classes of cases including different zones or groups of zones, different classes of vehicles and different toll payment methods or any combination of these.".

(4)In section 71 of the Melbourne City Link Act1995—

(a)insert the following heading—

"Fixing of tolls and toll administration fees";

(b)in sub-sections (3) and (4), after
"sub-section (1)" insert "or (1A)";

(c)in sub-section (4)—

(i)omit "or for the recovery of the amount of a toll";

(ii)after "the toll" insert "or toll administration fee".

9.Liability to pay toll and toll administration fees

s. 9

(1)In section 72 of the Melbourne City Link Act 1995, insert the following heading—

"Liability to pay toll and toll administration fees".

(2)For section 72(1) of the Melbourne City Link Act 1995 substitute—

"(1)Subject to this Part, a person who is the driver of a vehicle used in a toll zone is liable to pay to the relevant corporation—

(a)the toll charged by the relevant corporation for that use; and

(b)the relevant toll administration fee charged by the relevant corporation.".

(3)In section 72(4) of the Melbourne City Link Act 1995, after "the statement" (wherever occurring) insert "or declaration".

10.Insertion of sections 72A and 72B

s. 10

After section 72 of the Melbourne City Link Act 1995insert—

"72A.Exemptions from toll administration fee

Despite section 72, a toll administration fee is not payable in respect of a vehicle—

(a)that is registered with the relevant corporation; or

(b)that under the regulations is exempt from the payment of tolls; or

(c)that is used in a toll zone in accordance with a tollway billing arrangement.

72B.Charge of toll

(1)A relevant corporation may demand payment of a toll for the use of a vehicle in a toll zone and any relevant toll administration fee from—

(a)the owner of the vehicle; and

(b)the person named as the driver of the vehicle at the time of the trip in a sworn statement or statutory declaration supplied to the relevant corporation under section 72(3).

(2)A demand—

(a)must be in writing; and

(b)must identify separately each use for which a toll or toll administration fee is payable.".

11.Further changes concerning tolls

s. 11

(1)After section 73(3) of the Melbourne City Link Act 1995 insert—

"(3A)In a proceeding for an offence against sub-section (1), it is a defence to the charge for the driver to prove—

(a)that he or she received, or was issued, an invoice in respect of the trip that is the subject of the charge; and

(b)that the invoice was paid in full (even though it may also have related to trips other than the trip that is the subject of the charge) in any manner, and within the time, permitted by the invoice.".

(2) After section 73(7) of the Melbourne City Link Act 1995 insert—

"(8)On a person being found guilty of an offence under sub-section (1), any debt that arose under section 72 as a result of the person driving in the toll zone on the day of the offence in the vehicle that was the subject of the offence is extinguished.".

(3)In section 77(1) of the Melbourne City Link Act 1995, for all words and expressions after "the relevant corporation or authorised person" substitute—

"may do any or all of the following at any time—

(a)send a request for payment of the toll and toll administration fee payable in respect of the use of the vehicle in the toll zone to any person who appears to be liable to pay the toll and fee; or

(b)notify the enforcement agency of that belief and request the enforcement agency—