Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 (Vic)
Version No. 008
Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014
S.R. No. 32/2014
Version incorporating amendments as at
11 June 2023
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Definitions
6Transport safety infringements
7Transport safety infringement notice
Schedule
═══════════════
Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 008
Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014
S.R. No. 32/2014
Version incorporating amendments as at
11 June 2023
1Objectives
The objectives of these Regulations are to—
* * * * *
(b)prescribe transport safety infringements and infringement penalties in respect of those infringements; and
(c)prescribe information to appear in transport safety infringement notices.
2Authorising provision
These Regulations are made under section 132 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014.
3Commencement
These Regulations come into operation on 19 May 2014.
4Definitions
In these Regulations—
* * * * *
Notice
means Notice No. 1 made under section 15(2) of the Marine Act 1988 published in Government Gazette
Number G 26 on 2 July 1998 (pages 1706 to 1824) as amended from time to time.
Note
This Notice is taken to be waterway rules under section 342 of the Marine Safety Act 2010;
the Actmeans the Transport (Safety Schemes Compliance and Enforcement) Act 2014.
* * * * *
6Transport safety infringements
(1)For the purposes of the definition of transport safety infringement in section 3 of the Act, an offence set out in Column 2 of the Table in the Schedule is prescribed as a transport safety infringement.
(2)For the purposes of section 93(4) of the Act, the amount prescribed for a transport safety infringement penalty is the amount set out in Column 4 of the Table in the Schedule opposite the corresponding prescribed offence set out in Column 2 of that Table.
(3)A description of an offence set out in Column 3 of the Table in the Schedule opposite an offence set out in Column 2 of that Table is for convenience of reference only and does not affect the nature or elements of the offence to which such a description refers or the operation of these Regulations.
Note
Column 5 of the Table in the Schedule contains codes by which an infringement offence may be identified.
7Transport safety infringement notice
In addition to the requirements of section 13 of the Infringements Act 2006, a transport safety infringement notice must state that the infringement is a transport safety infringement.
SCHEDULE
Regulation 6
Transport Safety Infringements
Offences Against Marine Safety Laws
| Column 1 Item number | Column 2 Prescribed offence | Column 3 Short description of offence | Column 4 Infringement penalty | Column 5
| |||||
| Marine Safety Act 2010 | |||||||||
| 1 | s. 37(1) | As owner, cause or allow an unregistered vessel or vessel not exempt from registration to be operated | 5 penalty units | 2252 | |||||
| 2 | s. 37(2) | As master, operate an unregistered vessel or vessel not exempt from registration | 5 penalty units | 2251 | |||||
| 3 | s. 37(3) | As owner or master, cause or allow operation of a vessel in breach of a condition of registration | 2 penalty units | 2253 | |||||
| 4 | s. 46(1), s. 49(1) | Act as master of a registered recreational or regulated hire and drive vessel without a marine licence | 5 penalty units | 5799 | |||||
| 5 | s. 46(2), s. 49(2) | Operate a registered recreational vessel or regulated hire and drive vessel in breach of a condition of a marine licence | 2 penalty units | 5706 | |||||
| 6 | s. 47(1), s. 50(1) | Act as master of a prescribed class or type of registered recreational vessel or regulated hire and drive vessel without a licence endorsement for that class or type of vessel | 5 penalty units | 5800 | |||||
| 7 | s. 47(2), s. 50(2) | Operate a prescribed class or type of registered recreational vessel or regulated hire and drive vessel in breach of a prescribed condition or condition of the licence endorsement for that class or type of vessel | 2 penalty units | 5707 | |||||
| 8 | s. 59 | Act as master of a registered recreational vessel in breach of a condition of a licence or certificate issued in another State or Territory or country | 2 penalty units | 5708 | |||||
| 9 | s. 61 | Act as master of a registered recreational vessel without being in possession of a marine licence document | 1 penalty unit | 5709 | |||||
| 10 | s. 80 | Enter, leave or navigate or attempt to do so within waters for which local knowledge certificate required | 2 penalty units | 9439 | |||||
| 11 | s. 162A(4) | Failing to allow a vessel or equipment on vessel to be inspected | 2 penalty units | 5848 | |||||
| 12 | An offence against s. 162A(5) constituted by a failure to comply with s. 162A(2)(b) | Failing to stop or manoeuvre a vessel and produce for inspection equipment specified in a direction | 2 penalty units | 5849 | |||||
| 13 | s. 162C(2) | Failing to provide information concerning the identity and the location of the owner or master of a vessel | 1×47 penalty units | 5850 | |||||
| 14 | An offence against s. 197 constituted by a failure to comply with cl. 2(a) of the Notice | Operate a vessel at a speed exceeding 5 knots within 50 metres of a person | 2 penalty units | 2257 | |||||
| 15 | An offence against s. 197 constituted by a failure to comply with cl. 2(b) of the Notice | Operate a vessel at a speed exceeding 5 knots within 100 metres of a dive flag | 2 penalty units | 2258 | |||||
| 16 | An offence against s. 197 constituted by a failure to comply with cl. 2(c) of the Notice | Operate a vessel at a speed exceeding 5 knots within 50 metres of another vessel | 2 penalty units | 2259 | |||||
| 17 | An offence against s. 197 constituted by a failure to comply with cl. 3 of the Notice | Operate a vessel at a speed exceeding 5 knots within 50 metres of the water's edge or a structure | 2 penalty units | 2261 | |||||
| 18 | An offence against s. 197 constituted by a failure to comply with cl. 4(a) of the Notice | Operate a vessel at a speed exceeding 5 knots within 200 metres of the water's edge except in an access lane | 2 penalty units | 5793 | |||||
| 19 | An offence against s. 197 constituted by a failure to comply with cl. 4(b) of the Notice | Operate a vessel at a speed exceeding 5 knots within 50 metres of a wharf or similar structure except in an access lane | 2 penalty units | 5794 | |||||
| 20 | An offence against s. 197 constituted by a failure to comply with cl. 4(c) of the Notice | Operate a vessel at a speed exceeding 5 knots when passing through an anchorage for small craft | 2 penalty units | 5795 | |||||
| 21 | An offence against s. 197 constituted by a failure to comply with cl. 6(1)(a) of the Notice | Operate a vessel towing a water-skier at greater than 5 knots and depart from or return to the shore other than through an access lane | 2 penalty units | 5796 | |||||
| 22 | An offence against s. 197 constituted by a failure to comply with cl. 6(1)(b) of the Notice | Engage in water-skiing at greater than 5 knots and depart from or return to the shore other than through an access lane | 2 penalty units | 5797 | |||||
| 23 | An offence against s. 197 constituted by a failure to comply with cl. 6(2) of the Notice | Use an access lane other than for a purpose specified in cl. 6(2) of the Notice | 2 penalty units | 5798 | |||||
| 24 | An offence against s. 197 constituted by a failure to comply with cl. 6(3)(a) of the Notice | Operate a vessel in an access lane at a speed greater than reasonably required | 2 penalty units | 5801 | |||||
| 25 | An offence against s. 197 constituted by a failure to comply with cl. 6(3)(b) of the Notice | Operate a vessel in an access lane and fail to remove or beach vessel and secure equipment | 2 penalty units | 5802 | |||||
| 26 | An offence against s. 197 constituted by a failure to comply with cl. 6(3)(c) of the Notice | Operate a vessel in an access lane and fail to keep right or left as required | 2 penalty units | 5803 | |||||
| 27 | An offence against s. 197 constituted by a failure to comply with cl. 6(3)(d) of the Notice | Operate a vessel in an access lane and fail to give way | 2 penalty units | 5804 | |||||
| 28 | An offence against s. 197 constituted by a failure to comply with cl. 7 of the Notice | Operate a vessel at a speed exceeding the speed limit specified in the Notice for the area of water | 2 penalty units | 2264 | |||||
| 29 | An offence against s. 197 constituted by a failure to comply with cl. 8 of the Notice | Enter prohibited area towing water-skier or when water-skiing | 2 penalty units | 2265 | |||||
| 30 | An offence against s. 197 constituted by a failure to comply with cl. 9 of the Notice | Operate a vessel in a prohibited area | 2 penalty units | 2266 | |||||
| 31 | An offence against s. 197 constituted by a failure to comply with cl. 10 of the Notice | Operate a vessel with an engine in a prohibited area | 2 penalty units | 2267 | |||||
| 32 | An offence against s. 197 constituted by a failure to comply with cl. 11 of the Notice | Fail to operate vessel in a manner which creates minimal or no wash in a no wash zone | 2 penalty units | 2268 | |||||
| 33 | An offence against s. 197 constituted by a failure to comply with cl. 12 of the Notice | Operate a vessel or engage in an activity in a prohibited area of water | 2 penalty units | 2270 | |||||
| 34 | An offence against s. 197 constituted by a failure to comply with cl. 13 of the Notice | Use waters contrary to conditions of use specified in the Notice | 2 penalty units | 2271 | |||||
| 35 | An offence against s. 197 constituted by a failure to comply with cl. 14 of the Notice | Operate a vessel with an engine in a direction other than as permitted by the Notice in inland waters | 2 penalty units | 2269 | |||||
| 36 | An offence against s. 197 constituted by a failure to comply with cl. 15 of the Notice | Fail to give way to another vessel when departing from shore on a vessel with an engine | 2 penalty units | 2272 | |||||
| 37 | An offence against s. 197 constituted by a failure to comply with cl. 16 of the Notice | Bathe within 50 metres of a launching ramp being used or about to be used or an access lane | 2 penalty units | 2298 | |||||
| 38 | An offence against s. 197 constituted by a failure to comply with cl. 17 of the Notice | Operate a sailboard in contravention of cl. 17 of the Notice | 2 penalty units | 2260 | |||||
| 39 | An offence against s. 197 constituted by a failure to comply with cl. 19(b) of the Notice | Operate a vessel towing more than 3 water-skiers | 2 penalty units | 5805 | |||||
| 40 | An offence against s. 197 constituted by a failure to comply with cl. 19(c) of the Notice | Operate a vessel towing a water-skier between one hour after sunset and one hour before sunrise | 2 penalty units | 5806 | |||||
| 41 | An offence against s. 197 constituted by a failure to comply with cl. 22 of the Notice | Operate a recreational or hire and drive vessel engaged in diving operations without exhibiting a flag indicating diver below that complies with the Notice | 2 penalty units | 2300 | |||||
| 42 | An offence against s. 197 constituted by a failure to comply with cl. 23 of the Notice | Engage in diving without a buoy or flag displayed that complies with the Notice | 2 penalty units | 2301 | |||||
| 43 | An offence against s. 197 constituted by a failure to comply with cl. 23A of the Notice | Permit vessel to be moored or secured to navigation marker, beacon, buoy, pole or post | 2 penalty units | 2316 | |||||
| 44 | An offence against s. 197 constituted by a failure to comply with cl. 23B of the Notice | Allow vessel to be anchored in a channel that is marked with beacons or buoys | 2 penalty units | 2317 | |||||
| Marine Safety Regulations 2023 | |||||||||
| 45 | reg. 15 | As registered person, fail to notify the Safety Director of a change to the details of the vessel referred to in regulation 11(2)(d) of the Marine Safety Regulations 2023 | 1 penalty unit | 5862 | |||||
| 46 | reg. 16 | As registered person, fail to notify the Safety Director of a change of name or address | 1 penalty unit | 5863 | |||||
| 47 | reg. 17 | As person disposing of vessel registered in person's name, fail to comply with transfer requirements | 1 penalty unit | 5864 | |||||
| 48 | reg. 18 | As person acquiring registered vessel, fail to comply with transfer requirements | 1 penalty unit | 5865 | |||||
| 49 | reg. 24(2) | As owner of a registered recreational vessel, fail to fix registration label on vessel in conspicuous position | 1 penalty unit | 2254 | |||||
| 50 | reg. 24(3) | As owner of a registered recreational vessel that is not a personal watercraft, fail to ensure identification mark is painted or displayed in certain positions on vessel | 2 penalty units | 5810 | |||||
| 51 | reg. 24(5) | As owner of a registered recreational vessel that is a personal watercraft, fail to ensure identification mark is painted or displayed in certain positions on vessel | 2 penalty units | 5811 | |||||
| 52 | reg. 24(7) | Being the master of a registered vessel without identification mark painted or displayed | 2 penalty units | 2255 | |||||
| 52A | reg. 52 | As holder of a marine licence, fail to notify the Safety Director of a change of name or address | 1 penalty unit | 2025 | |||||
| 53 | reg. 56(2) | As master of a recreational vessel or recreational hire and drive vessel, permit vessel to be fuelled at a wharf, jetty or pier with passengers on board | 2 penalty units | 2289 | |||||
| 54 | reg. 56(4) | As master of a recreational vessel or recreational hire and drive vessel, permit vessel to be restarted with passengers on board after being fuelled at a wharf, jetty or pier | 2 penalty units | 5813 | |||||
| 55 | reg. 57(1) | Being the master of a recreational vessel or recreational hire and drive vessel that is overloaded | 2 penalty units | 2293 | |||||
| 56 | reg. 58 | Being the master of a recreational vessel or recreational hire and drive vessel with overloaded flying bridge | 2 penalty units | 5814 | |||||
| 57 | reg. 59(1) | As master of a recreational hire and drive vessel, permit vessel to go outside geographical limits specified in the certificate of operation | 2 penalty units | 2326 | |||||
| 58 | reg. 60 | Being the master of a vessel, tow a person without using another person on board to observe and communicate with master | 2 penalty units | 5812 | |||||
| 59 | reg. 61(1) | Being the master of a recreational vessel of a class specified in Column 2 of Table A in Part 2 of Schedule 3 to the Marine Safety Regulations 2023 on coastal waters when the vessel is not equipped with the compulsory items of equipment | 1·25 penalty units | 5753 (anchor, chain or line) 5754 (electric or manual bilge pumping system) 5755 (bailer) 5756 (compass) 5757 (bucket with lanyard) 5759 (red star parachute distress rocket) 5760 (orange smoke hand-held distress signal) 5761 (red hand-held distress flare) 5762 (oars, rowlocks or paddles) 5763 (waterproof buoyant torch) 5764 (lifebuoy) 5765 (dinghy or life raft) 2026 (lifejacket) | |||||
| 60 | reg. 61(2) | Being the master of a recreational vessel of a class specified in Column 2 of Table B in Part 2 of Schedule 3 to the Marine Safety Regulations 2023 on coastal waters when the vessel is not equipped with the compulsory items of equipment | 2 penalty units | 2340 (EPIRB) 5752 (lifejacket) 5758 (marine radio) | |||||
| 61 | reg. 61(3) | Being the master of a recreational vessel of a class specified in Column 2 of Table C in Part 2 of Schedule 3 to the Marine Safety Regulations 2023 on enclosed waters when the vessel is not equipped with the compulsory items of equipment | 1·25 penalty units | 5753 (anchor, chain or line) 2027 (red hand-held distress flare and orange smoke hand-held distress signal, or a GPS-enabled EPIRB, or a personal locator beacon, or an installed marine radio with a minimum of 25 watt output) 5754 (electric or manual bilge pumping system) 5755 (bailer) 5762 (oars, rowlocks or paddles) 5763 (waterproof buoyant torch) 5764 (lifebuoy) 5757 (bucket with lanyard) 5765 (dinghy or life raft) | |||||
| 62 | reg. 61(4), reg. 61(6) | Being the master of a recreational vessel of a class specified in Column 2 of Table D in Part 2 of Schedule 3 to the Marine Safety Regulations 2023 on enclosed waters, or of a class specified in Column 2 of Table F in Part 2 of Schedule 3 to the Marine Safety Regulations 2023 on inland waters, when the vessel is not equipped with the compulsory items of equipment | 2 penalty units | 5752 (lifejacket) | |||||
| 63 | reg. 61(5) | Being the master of a recreational vessel of a class specified in Column 2 of Table E in Part 2 of Schedule 3 to the Marine Safety Regulations 2023 on inland waters when the vessel is not equipped with the compulsory items of equipment | 1·25 penalty units | 5754 (electric or manual bilge pumping system) 5755 (bailer) 5762 (oars, rowlocks or paddles) 5763 (waterproof buoyant torch) 5764 (lifebuoy) 5757 (bucket with lanyard) | |||||
| 64 | reg. 61(7) | Being the master of a recreational vessel when the compulsory items of equipment do not comply with the requirements specified in Table G in Part 2 of Schedule 3 to the Marine Safety Regulations 2023 | 1·25 penalty units | 9371 (hand-held smoke signals exceeding manu-facturer's expiry date) 9372 (hand-held distress flares exceeding manu-facturer's expiry date) 9373 (red star parachute distress rocket exceeding manu-facturer's expiry date) 2047 (anchor and chain or line do not comply with require-ments) 2048 (bilge pumping system does not comply with require-ments) 2049 (bailer not suitable for bailing water from the boat) 2050 (dinghy or life raft does not comply with require-ments) 2053 (EPIRB does not comply with require-ments) | |||||
| 65 | reg. 62(1) | As master of a recreational vessel (other than a personal watercraft), fail to ensure that the vessel has the required number of portable fire extinguishers, and that the vessel has a portable fire extinguisher of the minimum nominal capacity | 1·25 penalty units | 5766 | |||||
| 66 | reg. 63(3) | As master of a recreational vessel, fail to keep portable fire extinguishers in separate positions on vessel | 1·25 penalty units | 5770 | |||||
| 67 | reg. 64(2) | As owner of a recreational vessel, cause or allow vessel to be operated when required safety equipment or firefighting equipment has not been maintained or serviced as required | 1·25 penalty units | 5768 | |||||
| 68 | reg. 64(3) | As owner of a recreational vessel, cause or allow vessel to be operated when required safety equipment or firefighting equipment has not been serviced on or before the date specified by the manufacturer | 1·25 penalty units | 5769 | |||||
| 69 | reg. 66(1), reg. 66(2), reg. 66(3) | Fail to wear compulsory lifejacket while in open area of recreational vessel or hire and drive vessel that is underway | 2 penalty units | 5771 | |||||
| 69A | reg. 66(5) | Fail to wear compulsory lifejacket in accordance with manufacturer's instructions | 2 penalty units | 2028 | |||||
| 70 | reg. 67(1) in any of the circumstances described in reg. 67(4)(a), (b), (c), (d), (e), (f), (g), (h) or (i) | Fail to wear compulsory lifejacket while in open area of recreational vessel, or hire and drive vessel of a type listed in Column 2 of Table D in Schedule 4 to the Marine Safety Regulations 2023, that is underway on coastal waters | 2 penalty units | 5815 | |||||
| 71 | reg. 67(2) in any of the circumstances described in reg. 67(4)(a), (b), (c), (d), (e), (f), (g), (h) or (i) | Fail to wear compulsory lifejacket while in open area of recreational vessel, or hire and drive vessel of a type listed in Column 2 of Table E in Schedule 4 to the Marine Safety Regulations 2023, that is underway on enclosed waters | 2 penalty units | 5816 | |||||
| 72 | reg. 67(3) in any of the circumstances described in reg. 67(4)(a), (b), (c), (d), (e), (f), (g), (h) or (i) | Fail to wear compulsory lifejacket while in open area of recreational vessel, or hire and drive vessel of a type listed in Column 2 of Table F in Schedule 4 to the Marine Safety Regulations 2023, that is underway on inland waters | 2 penalty units | 5817 | |||||
| 72A | reg. 67(6) | Fail to wear compulsory lifejacket in accordance with manufacturer's instructions | 2 penalty units | 2029 | |||||
| 73 | reg. 68(1) | As master, fail to ensure that person aged less than 12 years old in open area of recreational vessel, or hire and drive vessel of a type listed in Column 2 of Table A or Table D in Schedule 4 to the Marine Safety Regulations 2023, that is underway wears compulsory lifejacket | 2 penalty units | 5772 | |||||
| 73A | reg. 68(2) | As master, fail to ensure that person aged less than 12 years old in open area of recreational vessel, or hire and drive vessel of a type listed in Column 2 of Table B or Table E in Schedule 4 to the Marine Safety Regulations 2023, that is underway wears compulsory lifejacket | 2 penalty units | 5750 | |||||
| 73B | reg. 68(3) | As master, fail to ensure that person aged less than 12 years old in open area of recreational vessel, or hire and drive vessel of a type listed in Column 2 of Table C or Table F in Schedule 4 to the Marine Safety Regulations 2023, that is underway wears compulsory lifejacket | 2 penalty units | 5751 | |||||
| 74 | reg. 69 | Fail to wear compulsory lifejacket while being towed by vessel | 2 penalty units | 5773 | |||||
| 75 | reg. 70(1) | As master of a recreational vessel, or hire and drive vessel of a type listed in Column 2 of Table A, B or C in Schedule 4 to the Marine Safety Regulations 2023, cause or allow vessel to be operated when person on board is not wearing a compulsory lifejacket as required by regulation 66 of the Marine Safety Regulations 2023 | 2 penalty units | 5774 | |||||
| 75A | reg. 70(2) | As master of a recreational vessel, or hire and drive vessel of a type listed in Column 2 of Table D, E or F in Schedule 4 to the Marine Safety Regulations 2023, cause or allow vessel to be operated when person on board is not wearing a compulsory lifejacket as required by regulation 67 of the Marine Safety Regulations 2023 | 2 penalty units | 2030 | |||||
| 76 | reg. 70(3) | As master of a recreational vessel, cause or allow vessel to tow a person not wearing a compulsory lifejacket | 2 penalty units | 5775 | |||||
| 77 | reg. 76(1), reg. 76(2), reg. 76(3), reg. 76(4), reg. 76(5), reg. 76(6), reg. 76(7), reg. 76(8), reg. 76(9) | As master, fail to ensure that vessel that is underway displays required navigation lights | 2 penalty units | 5818 | |||||
| 78 | reg. 77(1) | As master, fail to ensure that vessel that is underway keeps to right of centre of channel or fairway | 2 penalty units | 5819 | |||||
| 79 | reg. 77(2) | As master, fail to ensure that vessel that is underway keeps out of the way of a vessel that can only navigate safely within the channel or fairway | 2 penalty units | 5820 | |||||
| 80 | reg. 78(1), reg. 78(2), reg. 78(3), reg. 78(4), reg. 78(5) | As master of a power-driven vessel that is underway, fail to ensure vessel keeps out of the way | 2 penalty units | 5821 | |||||
| 81 | reg. 79(1), reg. 79(2), reg. 79(3), reg. 79(4) | As master of a sailing vessel that is underway, fail to ensure vessel keeps out of the way | 2 penalty units | 5822 | |||||
| Port Management (Local Ports) Regulations 2015 | |||||||||
| 82 | reg. 22 | Fail to have permit in possession while engaging in an activity or accessing an area | 2 penalty units | 9350 | |||||
| 83 | reg. 23 | Fail to produce permit for inspection on request while engaging in activity or accessing an area | 2 penalty units | 9351 | |||||
| 84 | reg. 26(1) | Engage in prohibited or restricted activity in an area subject to a set aside determination | 2 penalty units | 9352 | |||||
| 85 | reg. 27(1) | Enter into or remain in area subject to a set aside determination where access is prohibited or restricted | 2 penalty units | 9353 | |||||
| 86 | reg. 29(1) | Install a mooring in a local port without a permit | 2 penalty units | 5831 | |||||
| 87 | reg. 29(2) | Moor vessel to a structure not provided or approved by port manager without a permit | 2 penalty units | 9354 | |||||
| 88 | reg. 30(1) | Berth vessel in a prohibited berthing area without a permit | 2 penalty units | 5824 | |||||
| 89 | reg. 30(2) | Moor vessel in a prohibited mooring area without a permit | 2 penalty units | 5823 | |||||
| 90 | reg. 31(1) | Berth vessel in a permit-only berthing area without a permit | 2 penalty units | 5826 | |||||
| 91 | reg. 31(2) | Moor vessel in a permit-only mooring area without a permit | 2 penalty units | 5825 | |||||
| 92 | reg. 32 | Anchor vessel in a mooring area without a permit | 2 penalty units | 9355 | |||||
| 93 | reg. 33(1)(a) | Allow vessel to be berthed or moored for a continuous period exceeding a specified period | 2 penalty units | 5827 | |||||
| 94 | reg. 33(1)(b) | Allow vessel to be berthed or moored for a continuous period exceeding 48 hours | 2 penalty units | 5832 | |||||
| 94A | reg. 41(1) | Cause or permit propeller or other propulsion system to be operated while vessel is berthed at wharf | 2 penalty units | 9356 | |||||
| 94B | reg. 43 | Enter or park vehicle in an area not subject to a set aside determination or without a permit | 2 penalty units | 5833 | |||||
| 94C | reg. 49 | Camp in a local port without a permit | 2 penalty units | 9357 | |||||
| 94D | reg. 50(1) | Jump or dive from a wharf, natural asset or structure on a wharf in contravention of sign or notice | 2 penalty units | 9358 | |||||
| 94E | reg. 51(1) | Swim, bathe, snorkel or scuba dive under or within 20 metres of a wharf in contravention of sign or notice | 2 penalty units | 9359 | |||||
| 94F | reg. 52(1) | Clean fish on a wharf or other structure in a local port in an area not subject to a set aside determination or without a permit | 2 penalty units | 9360 | |||||
| 94G | reg. 52(2) | Leave or store fishing-related equipment in an area not subject to a set aside determination or without a permit | 2 penalty units | 9361 | |||||
| 94H | reg. 52(3) | Stretch or repair fishing equipment in an area not subject to a set aside determination or without a permit | 2 penalty units | 9362 | |||||
| 94I | reg. 53 | Fail to retrieve fishing rod or line when a vessel approaches or departs from a wharf | 2 penalty units | 9363 | |||||
| 94J | reg. 56(1) | Cut, break, or destroy vessel mooring | 2 penalty units | 9364 | |||||
| 94K | reg. 56(2) | Interfere with, cast off or remove vessel from wharf or mooring | 2 penalty units | 9365 | |||||
| 94L | reg. 57 | Damage, deface or interfere with port manager's property or infrastructure without a permit | 2 penalty units | 9366 | |||||
| 94M | reg. 60 | Leave or deposit litter or other industrial waste in a manner not permitted | 2 penalty units | 9367 | |||||
| 94N | reg. 62 | Damage, obstruct or interfere with road, footpath, footway, access area, unloading area or gate without a permit | 2 penalty units | 9368 | |||||
| 94O | reg. 63(1) | Fail to close gate after using it that is bearing a sign or notice stating the gate is to be kept closed at all times | 2 penalty units | 9369 | |||||
| 94P | reg. 65 | Light, kindle, use or maintain a fire in a manner not permitted | 2 penalty units | 9370 | |||||
| 94Q | reg. 66(3) | Fail to comply with a direction from a port manager, transport safety officer or police officer | 2 penalty units | 5834 | |||||
| Marine (Drug, Alcohol and Pollution Control) Act 1988 | |||||||||
| 95 | s. 28(1)(b) | Operate or be the master or pilot of a vessel with— (a) blood alcohol level of 0·05 or more but less than 0·07g/100ml; or | 3 penalty units | 5851 | |||||
| (b) breath alcohol level of 0·05 or more but less than 0·07g/210 litres of exhaled air— and— (c) a prescribed concentration of zero blood or breath alcohol does not apply to the person; and (d) the person is aged 26 years or older at the time of the transport safety infringement | |||||||||
| 96 | s. 28(1)(b) | Operate or be the master or pilot of a vessel 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— | 3 penalty units | 5852 | |||||
| and— (c) a prescribed concentration of zero blood or breath alcohol does not apply to the person; and (d) the person is aged under 26 years at the time of the transport safety infringement | |||||||||
| 97 | s. 28(1)(b) | Operate or be the master or pilot of a vessel 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 a prescribed concentration of zero blood or breath alcohol applies to the person | 3 penalty units | 5853 | |||||
| 98 | s. 28(1)(b) | Operate or be the master or pilot of a vessel 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 | 3 penalty units | 5854 | |||||
| 99 | s. 28(1)(b) | Operate or be the master or pilot of a vessel with— (a) blood alcohol level of less than 0×05g/100 ml; or (b) breath alcohol level of less than 0×05g/210 litres of exhaled air— and a prescribed concentration of zero blood or breath alcohol applies to the person | 2×5 penalty units | 5855 | |||||
| 100 | s. 28(1)(b) | Operate or be the master or pilot of a vessel 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 | 4×25 penalty units | 5856 | |||||
| 101 | s. 28(1)(b) | Operate or be the master or pilot of a vessel 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 | 4×25 penalty units | 5857 | |||||
| 102 | s. 28(1)(b) | Operate or be the master or pilot of a vessel 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 | 4×25 penalty units | 5858 | |||||
| 103 | s. 28(1)(b) | Operate or be the master or pilot of a vessel 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 | 4×25 penalty units | 5859 | |||||
| 104 | s. 28(1)(b) | Operate or be the master or pilot of a vessel 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 | 4×25 penalty units | 5860 | |||||
| 105 | s. 28(1)(bb) | Operate or be the master or pilot of a vessel while the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in blood or oral fluid | 3 penalty units | 5861 | |||||
Offences Against Bus Safety Laws
| Column 1 Item number | Column 2 Prescribed offence | Column 3 Short description of offence | Column 4 Infringement penalty | Column 5
| |
| Bus Safety Act 2009 | |||||
| 106 | s. 19(1) | As accredited bus operator, failing to ensure that each bus used to provide bus services undergoes safety inspection | 4 penalty units | 9440 | |
| * * * * * | |||||
| 108 | s. 19(3) | As accredited bus operator, failing to arrange safety inspection when directed for bus service | 4 penalty units | 9442 | |
| * * * * * | |||||
| 113 | s. 30(3) | Accredited bus operator failing to notify Safety Director of the recovery of, and to return the certificate of accreditation | 4 penalty units | 9447 | |
| 113A | s. 36B(1) | Accredited bus operator of a bus service that is not a commercial bus service or a local bus service failing to ensure driver of bus holds appropriate driver licence | 12 penalty units | 9480 | |
| 113B | s. 38(1) | Accredited bus operator failing to notify Safety Director of a relevant change in circumstances within 7 days | 4 penalty units | 9481 | |
| 114 | s. 55F | Bus operator failing to return certificate of accreditation to Safety Director if accreditation cancelled or surrendered | 12 penalty units | 9448 | |
| 115 | s. 65 | Accredited bus operator failing to notify Safety Director of prescribed incidents | 4 penalty units | 9449 | |
| Bus Safety Regulations 2020 | |||||
| 116 | reg. 6(2) | Operator failing to ensure notice of maximum number of passengers is displayed in the bus | 1 penalty unit | 9990 | |
| 117 | reg. 8(1) | Operator of school bus failing to ensure complying lights and signs fitted to bus | 4 penalty units | 9450 | |
| 118 | reg. 9(1) | Failing to ensure fire extinguishers are provided on bus in accordance with requirements for that bus | 2 penalty units | 9991 | |
| 119 | reg. 9(2) | Failing to ensure fire extinguishers fitted on bus are operational | 2 penalty units | 9453 | |
| 119A | reg. 10(1) | Accredited bus operator failing to display accreditation number on bus | 2 penalty units | 9992 | |
| 119B | reg. 10(3) | Displaying accreditation number when bus not used by accredited bus operator with that accreditation number | 2 penalty units | 9993 | |
| * * * * * | |||||
| 120 | reg. 12(1) | Accredited bus operator failing to display number plates on buses | 2 penalty units | 9455 | |
| 121 | reg. 12(2) | Displaying accredited bus operator plates when not permitted | 2 penalty units | 9456 | |
| 122 | reg. 13(2) | Driver of school bus failing to ensure each light, sign or other device operates when bus is stationary | 2 penalty units | 9451 | |
| 123 | reg. 13(5) | Operator allowing bus to be used for school bus service before light, sign or other device is operational | 4 penalty units | 9452 | |
| 124 | reg. 31 | Accredited bus operator failing to keep records in a safe and secure location for specified period | 1 penalty unit | 9457 | |
| * * * * * | |||||
| 125 | reg. 33 | Operator failing to keep records in the English language | 1 penalty unit | 9458 | |
| 125A | reg. 36(1) | Specified exempt bus operator failing to ensure that each bus used to provide bus services undergoes safety inspection | 4 penalty units | 9482 | |
| 126 | reg. 45(1) | Failing to comply with direction to undertake investigation into bus incident | 2 penalty units | 9459 | |
| 127 | reg. 45(3) | Failing to commence investigation within 7 days of direction | 2 penalty units | 9460 | |
| 127A | reg. 46(2) | Bus operator failing to provide investigation report to Safety Director within specified time | 1 penalty unit | 9461 | |
| |||||
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014, S.R. No. 32/2014 were made on 13 May 2014 by the Governor in Council under section 132 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, No. 27/2014 and came into operation on 19 May 2014: regulation 3.
The Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 will sunset 10 years after the day of making on 13 May 2024 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2015, S.R. No. 76/2015
Date of Making: 23.6.15 Date of Commencement: 27.6.15: reg. 3
Rail Safety (Local Operations) (Accreditation and Safety) Regulations 2017, S.R. No. 77/2017
Date of Making: 18.7.17 Date of Commencement: Reg. 54 on 21.7.17: reg. 3
Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2018, S.R. No. 104/2018
Date of Making: 17.7.18 Date of Commencement: 20.7.18: reg. 3
Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2020, S.R. No. 104/2020
Date of Making: 29.9.20 Date of Commencement: Regs 4–8 on 9.10.20: reg. 3(1); reg. 9 on 5.4.21: reg. 3(2)
Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2022, S.R. No. 18/2022
Date of Making: 22.2.22 Date of Commencement: 1.3.22: reg. 3
Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment (Marine Safety) Regulations 2023, S.R. No. 37/2023
Date of Making: 30.5.23 Date of Commencement: 11.6.23: reg. 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
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 2022 is $184.92 and for the financial year commencing 1 July 2023 is $192.31. 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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