Transport (Conduct) and (Infringements) Amendment (Park and Ride Facilities) Regulations 2014 (Vic)
Transport (Conduct) and (Infringements) Amendment (Park and Ride Facilities) Regulations 2014
S.R. No. 149/2014
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY
1Objectives
2Authorising provisions
3Commencement
PART 2—AMENDMENT OF TRANSPORT (CONDUCT) REGULATIONS 2005
4Amendment of objectives
5Interpretation
6Driving or riding a vehicle on rail premises
7Request to leave vehicle and power to remove
8New Part 8 inserted
PART 8—PARKING AT DESIGNATED PARK AND RIDE FACILITIES
Division 1—Preliminary
55Purpose of Part
Division 2—Parking in public transport parking area
56Application of Division
57Person who leaves motor vehicle parked must use public transport
58Exception—person who does not leave park and ride facility
59Exception—emergencies and other Road Rules matters
60Exception—using public transport without valid ticket but taking all reasonable steps
Division 3—Removing a motor vehicle parked at a public transport parking area
61Application of Division
62Person removing motor vehicle must have valid ticket
63Request to produce valid ticket
64Exception—person who does not leave park and ride facility
65Exception—use of public transport by certain other persons
66Exception—emergencies and other Road Rules matters
67Exception—using public transport without valid ticket but taking all reasonable steps
Division 4—Miscellaneous
68Authorisation to park, leave parked and remove a motor vehicle
69Directions in relation to parking at designated park and ride facility
70Double jeopardy not to occur
9Statute law revision amendments
PART 3—AMENDMENT OF TRANSPORT (INFRINGEMENTS) REGULATIONS 2010
10Amendment of Table 2 in Schedule 3
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ENDNOTES
STATUTORY RULES 2014
S.R. No. 149/2014
Transport (Compliance and Miscellaneous) Act 1983
Transport (Conduct) and (Infringements) Amendment (Park and Ride Facilities) Regulations 2014
The Governor in Council makes the following Regulations:
Dated: 30 September 2014
Responsible Minister:
TERRY MULDER
Minister for Public Transport
YVETTE CARISBROOKE
Clerk of the Executive Council
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are—
(a)to amend the Transport (Conduct) Regulations 2005—
(i)to regulate the parking of motor vehicles at particular park and ride facilities; and
(ii)to make statute law revision amendments; and
(b)to amend the Transport (Infringements) Regulations 2010—
(i)to prescribe certain offences under the Transport (Conduct) Regulations 2005 as transport infringements; and
(ii)to prescribe penalties for those transport infringements.
2Authorising provisions
These Regulations are made under sections 56 and 215 of the Transport (Compliance and Miscellaneous) Act 1983.
3Commencement
These Regulations come into operation on 1 January 2015.
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PART 2—AMENDMENT OF TRANSPORT (CONDUCT) REGULATIONS 2005
4Amendment of objectives
(1)In regulation 1(d)(iv) of the Transport (Conduct) Regulations 2005[1], for "property." substitute "property;".
(2)After regulation 1(d) of the Transport (Conduct) Regulations 2005 insert—
"(e)regulate the parking of motor vehicles at designated park and ride facilities.".
5Interpretation
In regulation 3(1) of the Transport (Conduct) Regulations 2005 insert the following definitions—
"authorised officer has the same meaning as in section 208 of the Act;
designated park and ride facility means a park and ride facility (within the meaning of the Road Safety Act 1986) that is located at—
(a)Box Hill Railway Station; or
(b)Burwood Railway Station; or
(c)Camberwell Railway Station; or
(d)Heidelberg Railway Station; or
(e)Highett Railway Station; or
(f)Murrumbeena Railway Station;
driver means a person who is driving, riding, or otherwise in control of a motor vehicle;
exempt vehicle means—
(a)a taxi-cab within the meaning of section 86(1) of the Act; or
(b)a hire car within the meaning of section 86(1) of the Act; or
(c)an emergency vehicle within the meaning of the Road Rules; or
(d)an enforcement vehicle within the meaning of the Road Rules; or
(e)an escort vehicle within the meaning of the Road Safety (Vehicles) Regulations 2009; or
(f)a public bus within the meaning of the Road Rules;
motor vehicle has the same meaning as in the Road Safety Act 1986;
park has the same meaning as in Part 12 of the Road Rules;
passenger vehicle has the same meaning as in the Transport (Ticketing) Regulations 2006;
public transport parking area means the area of a designated park and ride facility other than any area to which any of the following parking control signs apply at any time—
(a)a bus zone sign within the meaning of the Road Rules;
(b)a permit zone sign within the meaning of the Road Rules;
(c)a taxi zone sign within the meaning of the Road Rules;
stop has the same meaning as in Part 12 of the Road Rules;
the Act means the Transport (Compliance and Miscellaneous) Act 1983;
ticket has the same meaning as in the Transport (Ticketing) Regulations 2006;
tow truck has the same meaning as in the Accident Towing Services Act 2007;
valid ticket means a ticket that was valid, in accordance with the Transport (Ticketing) Regulations 2006, for the whole of a person's travel in a passenger vehicle;
validly using public transport means travelling in a passenger vehicle while in possession of a ticket that is valid, in accordance with the Transport (Ticketing) Regulations 2006, for the whole of that travel in that vehicle;".
6Driving or riding a vehicle on rail premises
(1)In regulation 36(5) of the Transport (Conduct) Regulations 2005, for "riding" substitute "riding, stopping, removing".
(2)In regulation 36(6) of the Transport (Conduct) Regulations 2005, the definition of park is revoked.
7Request to leave vehicle and power to remove
In regulation 54(1)(b) of the Transport (Conduct) Regulations 2005—
(a)omit "within the meaning of the Transport (Ticketing) Regulations 2006";
(b)for "those Regulations" substitute "the Transport (Ticketing) Regulations 2006".
8New Part 8 inserted
After Part 7 of the Transport (Conduct) Regulations 2005 insert—
"PART 8—PARKING AT DESIGNATED PARK AND RIDE FACILITIES
Division 1—Preliminary
55Purpose of Part
The purpose of this Part is to regulate the parking of motor vehicles at designated park and ride facilities so that parking bays at those facilities are available for users of public transport at times when those facilities are most used.
Division 2—Parking in public transport parking area
56Application of Division
This Division does not apply to—
(a)a person leaving an exempt vehicle parked in the course of the person's duty as the driver of an exempt vehicle; or
(b)a person leaving a motor vehicle parked in the course of the person's duty as the sheriff, the deputy sheriff or a sheriff's officer (within the meaning of the Sheriff Act 2009); or
(c)a person leaving a motor vehicle parked in a public transport parking area if the person—
(i)has been authorised to do so under regulation 68 in respect of the designated park and ride facility at which the area is located; and
(ii)complies with the conditions, if any, to which the authorisation is subject; or
(d)a person leaving a motor vehicle parked in compliance with a direction given under regulation 69(1); or
(e)a person leaving a tow truck parked while the person is engaged in loading, towing or connecting to a vehicle referred to in rule 312(3) of the Road Rules if—
(i)the tow truck displayed a flashing light while it was left parked; and
(ii)the person acted safely while the tow truck was left parked; and
(iii)the person left the tow truck parked for no longer than was necessary to engage in loading, towing or connecting to the other vehicle.
Note
Regulation 4 provides that an authorised person (conduct) and an employee, contractor or agent of a passenger transport company, a rail freight operator or Rail Track are not liable for an offence under these Regulations for anything done in the course of duty by that person.
57Person who leaves motor vehicle parked must use public transport
(1)A person must not leave a motor vehicle parked in a public transport parking area at any time between 6 a.m. and 7 p.m. on a business day unless—
(a)any of the following persons validly uses public transport at any time between 12 a.m. on that day and 2 a.m. on the next day while the motor vehicle remains parked—
(i)the person who parks the motor vehicle;
(ii)a person who is a passenger in the motor vehicle when it is parked;
(iii)a person who removes the motor vehicle from the designated park and ride facility at which the public transport parking area is located;
(iv)a person who is a passenger in the motor vehicle when it is removed from the designated park and ride facility at which the public transport parking area is located; or
(b)regulation 58, 59 or 60 applies.
Penalty:3 penalty units.
(2)If a person leaves a motor vehicle parked in contravention of subregulation (1) for longer than one day—
(a)only one criminal proceeding in respect of an offence against subregulation (1) may be commenced in respect of those circumstances; and
(b)only one infringement notice in respect of an offence against subregulation (1) may be issued in respect of those circumstances.
58Exception—person who does not leave park and ride facility
A person does not contravene regulation 57(1) if—
(a)the motor vehicle is parked for no longer than 1 hour; and
(b)while the motor vehicle is parked, the person does not leave the designated park and ride facility containing the public transport parking area at which the motor vehicle is parked.
Examples
1 A person may park in a public transport parking area at 8 a.m. on a business day and, without leaving the designated park and ride facility, drop off a passenger at the railway station at which the area is located.
2 A person may park in a public transport parking area at 5.30 p.m. on a business day and, without leaving the designated park and ride facility, collect a passenger from the railway station at which the area is located.
59Exception—emergencies and other Road Rules matters
A person does not contravene regulation 57(1) if—
(a)the person leaves the motor vehicle parked in the public transport parking area because the vehicle is disabled, and the person leaves the vehicle parked for no longer than is necessary for the vehicle to be moved safely to a place where the person is permitted to park the vehicle under the Road Rules; or
(b)the person leaves the motor vehicle parked in the public transport parking area to deal with a medical or other emergency, or to assist a disabled vehicle, and the person leaves the vehicle parked for no longer than is necessary in the circumstances; or
(c)the person leaves the motor vehicle parked in the public transport parking area because the condition of the person, a passenger or the vehicle makes it necessary for the person to leave the vehicle parked in the interests of safety, and the person leaves the vehicle parked for no longer than is necessary in the circumstances; or
(d)the person leaves the motor vehicle parked in the public transport parking area to comply with a provision of the Road Rules, and the person leaves the vehicle parked for no longer than is necessary to comply with the provision.
60Exception—using public transport without valid ticket but taking all reasonable steps
(1)Regulations 12 and 14 of the Transport (Ticketing) Regulations 2006 apply to the prosecution of a person for an offence against regulation 57(1) as if—
(a)a reference to a charge under regulation 6(1) or 7(2) were a reference to a charge for an offence against regulation 57(1); and
(b)a reference to the person charged were a reference to any of the following persons who, at any relevant time, travelled in a passenger vehicle without being in possession of a valid ticket for that travel—
(i)the person who parked the motor vehicle;
(ii)a person who was a passenger in the motor vehicle when it was parked;
(iii)the person who removed the motor vehicle from the designated park and ride facility at which the public transport parking area is located;
(iv)a person who was a passenger in the motor vehicle when it was removed from the designated park and ride facility at which the public transport parking area is located.
(2)In this regulation—
relevant time means a time—
(a)between 12 a.m. on the day on which the offence is alleged to have been committed and 2 a.m. on the next day; and
(b)during which the motor vehicle remained parked in the public transport parking area.
Division 3—Removing a motor vehicle parked at a public transport parking area
61Application of Division
This Division does not apply in relation to—
(a)the removal of an exempt vehicle by a person in the course of the person's duty as the driver of an exempt vehicle; or
(b)the removal of a motor vehicle by a person in the course of the person's duty as the sheriff, the deputy sheriff or a sheriff's officer (within the meaning of the Sheriff Act 2009); or
(c)the removal of a motor vehicle from a designated park and ride facility by a person who—
(i)has been authorised to do so under regulation 68 in respect of the facility; and
(ii)complies with the conditions, if any, to which the permission is subject; or
(d)the removal of a motor vehicle in compliance with a direction given under regulation 69(1); or
(e)the removal of a motor vehicle that was parked in compliance with a direction given under regulation 69(1); or
(f)the removal of a tow truck that is loaded with or towing, or connected to, a vehicle referred to in rule 312(3) of the Road Rules.
Note
Regulation 4 provides that an authorised person (conduct) and an employee, contractor or agent of a passenger transport company, a rail freight operator or Rail Track are not liable for an offence under these Regulations for anything done in the course of duty by that person.
62Person removing motor vehicle must have valid ticket
(1)A person who removes from a designated park and ride facility a motor vehicle that was parked in a public transport parking area at the facility at any time between 6 a.m. and 7 p.m. on a business day (the relevant day) must, unless regulation 64, 65, 66 or 67 applies, have in the person's possession, or be accompanied by a passenger who has in that person's possession, a valid ticket for travel at a relevant time.
Penalty:3 penalty units.
(2)In this regulation—
relevant time means a time—
(a)between 12 a.m. on the relevant day and 2 a.m. on the next day; and
(b)during which the motor vehicle remains parked in the public transport parking area.
63Request to produce valid ticket
(1)This regulation applies if—
(a)a motor vehicle was parked in a public transport parking area at any time between 6 a.m. and 7 p.m. on a business day (the relevant day); and
(b)a person (the driver)—
(i)is removing the motor vehicle from the designated park and ride facility at which the public transport parking area is located; or
(ii)is driving or riding the motor vehicle in the designated park and ride facility towards an exit of the facility for the purpose of exiting the facility; or
(iii)has just driven or ridden the motor vehicle from the designated park and ride facility.
(2)An authorised officer may, at or in the immediate vicinity of the designated park and ride facility, request the driver to produce for inspection, from the possession of the driver or from a passenger in the motor vehicle, a valid ticket for travel at any time—
(a)between 12 a.m. on the relevant day and 2 a.m. on the next day; and
(b)during which the motor vehicle remained parked in the public transport parking area.
(3)A person must comply with a request made under subregulation (2) unless regulation 64, 65, 66 or 67 applies.
Penalty:3 penalty units.
64Exception—person who does not leave park and ride facility
A person does not contravene regulation 62(1) or 63(3) if—
(a)the motor vehicle is parked for no longer than 1 hour; and
(b)while the motor vehicle is parked, the person does not leave the designated park and ride facility containing the public transport parking area at which the vehicle is parked.
Examples
1 A person may park in a public transport parking area at 8 a.m. on a business day and, without leaving the designated park and ride facility, drop off a passenger at the railway station at which the area is located, and then remove the motor vehicle without producing a ticket referred to in regulation 63(2).
2 A person may park in a public transport parking area at 5.30 p.m. on a business day and, without leaving the designated park and ride facility, collect a passenger from the railway station at which the area is located, and then remove the motor vehicle without producing a ticket referred to in regulation 63(2).
65Exception—use of public transport by certain other persons
(1)A person does not contravene regulation 62(1) or 63(3) if any of the following persons validly used public transport at a relevant time—
(a)the person who parked the motor vehicle in the public transport parking area;
(b)a person who was a passenger in the motor vehicle when it was parked in the public transport parking area.
(2)In this regulation—
relevant time means a time—
(a)between 12 a.m. on the business day in relation to which the offence is alleged to have been committed and 2 a.m. on the next day; and
(b)during which the motor vehicle remains parked in the public transport parking area.
66Exception—emergencies and other Road Rules matters
A person does not contravene regulation 62(1) or 63(3) if—
(a)the motor vehicle is parked in the public transport parking area because the vehicle is disabled, and the vehicle is left parked for no longer than is necessary for the vehicle to be moved safely to a place where it is permitted to park the vehicle under the Road Rules; or
(b)the motor vehicle is parked in the public transport parking area to deal with a medical or other emergency, or to assist a disabled vehicle, and the vehicle is left parked for no longer than is necessary in the circumstances; or
(c)the motor vehicle is parked in the public transport parking area because the condition of the driver, a passenger or the vehicle makes it necessary to park the vehicle in the interests of safety, and the vehicle is left parked for no longer than is necessary in the circumstances; or
(d)the motor vehicle is parked in the public transport parking area to comply with a provision of the Road Rules, and the vehicle is left parked for no longer than is necessary to comply with the provision.
67Exception—using public transport without valid ticket but taking all reasonable steps
(1)Regulations 12 and 14 of the Transport (Ticketing) Regulations 2006 apply to the prosecution of a person for an offence against regulation 62(1) or 63(3) as if—
(a)a reference to a charge under regulation 6(1) or 7(2) were a reference to a charge for an offence against regulation 62(1) or 63(3); and
(b)a reference to the person charged were a reference to any of the following persons who, at any relevant time, travelled in a passenger vehicle without being in possession of a valid ticket for that travel—
(i)the person who parked the motor vehicle;
(ii)a person who was a passenger in the motor vehicle when it was parked;
(iii)the person who removed the motor vehicle from the designated park and ride facility at which the public transport parking area is located;
(iv)a person who was a passenger in the motor vehicle when it was removed from the designated park and ride facility at which the public transport parking area is located.
(2)In this regulation—
relevant time has the same meaning as it has in regulation 65.
Division 4—Miscellaneous
68Authorisation to park, leave parked and remove a motor vehicle
(1)A relevant body may authorise a person to do the following things without complying with regulations 57(1), 62(1) and 63(3)—
(a)park a motor vehicle in a public transport parking area at the designated park and ride facility that is specified in the authorisation; and
(b)leave the motor vehicle parked in the area referred to in paragraph (a); and
(c)remove the motor vehicle from the facility referred to in paragraph (a).
(2)An authorisation issued by a relevant body that is a passenger transport company may be issued only in relation to a designated park and ride facility that belongs to or is under the control of the passenger transport company.
(3)An authorisation—
(a)must be in writing; and
(b)may be subject to any conditions specified in the authorisation, including a condition stating that the authorisation is given in relation to a specified period of time.
(4)In this regulation—
relevant body means—
(a)a passenger transport company; or
(b)the Public Transport Development Authority; or
(c)Rail Track.
69Directions in relation to parking at designated park and ride facility
(1)An authorised officer may give a direction to the owner or driver of a motor vehicle in relation to the parking of the motor vehicle at, or the removal of the motor vehicle from, a designated park and ride facility.
(2)Subject to subregulation (5), a direction under subregulation (1) may be given orally or in writing.
(3)Without limiting subregulation (1), a direction under that subregulation may—
(a)direct that the motor vehicle not be parked at the designated park and ride facility; or
(b)direct that the motor vehicle be removed from the designated park and ride facility; or
(c)direct that a motor vehicle that has just left the designated park and ride facility must stop.
(4)A direction under subregulation (1) may be given—
(a)regardless of whether the owner or driver is in the motor vehicle; and
(b)regardless of where the authorised officer is at the time the direction is given; and
(c)regardless of whether the motor vehicle is at or has just left the designated park and ride facility.
(5)A direction under subregulation (1) that directs that a motor vehicle not be parked at the designated park and ride facility—
(a)must be given in writing; and
(b)may prohibit the parking of the motor vehicle on days or at times that are specified in the direction.
(6)A person to whom a direction is given under subregulation (1) must comply with the direction.
Penalty:5 penalty units.
70Double jeopardy not to occur
A person is not liable to be prosecuted or served with infringement notices for more than one of the following offences in relation to the same facts or circumstances—
(a)an offence against regulation 57(1) in relation to a motor vehicle being left parked at a public transport parking area for a period of time;
(b)an offence against regulation 62(1) in relation to the motor vehicle being removed at the end of that period from the designated park and ride facility at which the area is located;
(c)an offence against regulation 63(3) in relation to a request made under regulation 63(2) to the person who is removing the motor vehicle as described in paragraph (b).
__________________".
9Statute law revision amendments
(1)In regulation 24(3) of the Transport (Conduct) Regulations 2005, for "at" substitute "as".
(2)In regulation 27B(1)(b) of the Transport (Conduct) Regulations 2005, after "part of" insert "the".
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PART 3—AMENDMENT OF TRANSPORT (INFRINGEMENTS) REGULATIONS 2010
10Amendment of Table 2 in Schedule 3
In Table 2 in Schedule 3 to the Transport (Infringements) Regulations 2010[2], after item 39 insert—
| "39A | r. 57(1) | Leaving a motor vehicle parked in a public transport parking area without using public transport | 0.6 penalty units | 8975 |
| 39B | r. 62(1) | Removing a motor vehicle from a public transport parking area without having used public transport | 0.6 penalty units | 8976 |
| 39C | r. 63(3) | Failing to comply with request to produce a valid ticket when removing a motor vehicle from a public transport parking area | 0.6 penalty units | 8977 |
| 39D | r. 69(6) | Failing to comply with direction relating to parking of motor vehicle at, or removal of motor vehicle from, designated park and ride facility | 0.5 penalty units | 8978 ". |
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ENDNOTES
[1] Reg. 4(1): S.R. No. 69/2005. Reprint No. 1 as at 14 July 2008. Reprinted to S.R. No. 73/2008. Subsequently amended by S.R. Nos 123/2008, 105/2011, 131/2011, 22/2012, 1/2014, 6/2014 and 33/2014.
[2] Reg. 10: S.R. No. 4/2010. Reprint No. 1 as at 7 August 2013. Reprinted to S.R. No. 103/2013. Subsequently amended by S.R. Nos 1/2014 and 34/2014.
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