Transport (Ticketing) Amendment (On-the-Spot Penalty Fares) Regulations 2014 (Vic)

Transport (Ticketing) Amendment (On-the-Spot Penalty Fares) Regulations 2014

S.R. No. 66/2014

table of provisions

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Definitions and reference provision

5New regulation 14A inserted

14ANon-acceptance or withdrawal of offer of an
opportunity to pay an on-the-spot penalty fare

6New Part 2A inserted

Part 2A—On-the-Spot Penalty Fares

14BOn-the-spot penalty ticket offences

14COn-the-spot penalty fare amount—financial year
starting on 1 July 2014

14DOn-the-spot penalty fare amount—financial years starting on 1 July 2015

14EPublication of adjusted on-the-spot penalty fare

14FRecords in relation to the issuing of on‑the‑spot
penalty tickets and the receipt of on‑the‑spot penalty fares

14GForm and manner of the records in relation to the
issuing of on‑the‑spot penalty tickets and the receipt
of on‑the‑spot penalty fares

═══════════════

ENDNOTES

statutory rules 2014

S.R. No. 66/2014

Transport (Compliance and Miscellaneous) Act 1983

Transport (Ticketing) Amendment (On-the-Spot Penalty Fares) Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 17 June 2014

Responsible Minister:

TERRY MULDER
Minister for Public Transport

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Transport (Ticketing) Regulations 2006 to—

(a)prescribe offences as on-the-spot penalty ticket offences; and

(b)prescribe the amount of the on-the-spot penalty fare; and

(c)provide for the annual adjustment of the on‑the-spot penalty fare; and

(d)provide for an on-the-spot penalty fare that is annually adjusted to be rounded; and

(e)require the publication of the amount of an on-the-spot penalty fare that has been annually adjusted and rounded; and

(f)prescribe the records that must be kept by the Public Transport Development Authority, a passenger transport company, a bus company and Bus Association Victoria in relation to the issuing of on-the-spot penalty tickets and the receipt of on-the-spot penalty fares; and

(g)prescribe the form and manner of the records referred to in paragraph (f); and

(h)make a consequential amendment.

2Authorising provisions

These Regulations are made under sections 221AA and 256 of the Transport (Compliance and Miscellaneous) Act 1983.

3Commencement

These Regulations come into operation on 1 July 2014.

4Definitions and reference provision

In regulation 5(1) of the Transport (Ticketing) Regulations 2006[1], in the definition of ticket, after "designated area" insert ", and includes an on-the-spot penalty ticket".

5New regulation 14A inserted

After regulation 14 of the Transport (Ticketing) Regulations 2006 insert—

"14A   Non-acceptance or withdrawal of offer of an opportunity to pay an on-the-spot penalty fare

(1)This regulation applies if—

(a)an opportunity to pay an on-the-spot penalty fare is offered to a person under section 212AA(1) of the Act; and

(b)either—

(i)the offer is not accepted under section 212AA(3) of the Act; or

(ii)the offer is withdrawn under section 212AA(4) of the Act.

(2)Regulations 12, 13 and 14 apply in relation to a relevant charge as if the offer of an opportunity to pay an on-the-spot penalty fare had not been made.

(3)In this regulation—

relevant charge means a charge in relation to—

(a)the ticket offence to which the offer of an opportunity to pay an on-the-spot penalty fare relates; or

(b)any other on-the-spot penalty ticket offence in respect of the same use of public transport services.".

6New Part 2A inserted

After Part 2 of the Transport (Ticketing) Regulations 2006 insert—

"Part 2A—On-the-Spot Penalty Fares

14BOn-the-spot penalty ticket offences

The offences against these regulations that are prescribed as on-the-spot penalty ticket offences are the offences against regulations 6(1), 6(2), 7(2), 8(2), 9(3) and 10(3).

14COn-the-spot penalty fare amount—financial year starting on 1 July 2014

The amount prescribed for an on-the-spot penalty ticket for the financial year starting on 1 July 2014 is $75.

14DOn-the-spot penalty fare amount—financial years starting on 1 July 2015

(1)The on-the-spot penalty fare must be adjusted, for the financial year starting on 1 July 2015 and for each subsequent financial year, in accordance with the following formula—

where—

Xis the adjusted amount for the financial year;

Ais the adjusted amount for the financial year that immediately preceded that financial year;

Bis the amount of a penalty unit fixed by the Treasurer under section 5 of the Monetary Units Act 2004 with respect to that financial year;

Cis the amount of a penalty unit fixed by the Treasurer under section 5 of the Monetary Units Act 2004 with respect to the financial year that immediately preceded that financial year.

(2)An amount adjusted in accordance with subregulation (1) must be rounded to the nearest dollar amount that is divisible by $5.

(3)The amount adjusted for a financial year in accordance with subregulation (1) and rounded in accordance with subregulation (2) is the amount prescribed for an on-the-spot penalty ticket for that financial year.

(4)In this regulation—

adjusted amount for a financial year means—

(a)for the financial year starting on 1 July 2014—$75; and

(b)for any subsequent financial year—the amount of the on-the-spot penalty fare for the financial year after the adjustment in accordance with subregulation (1), but before the rounding in accordance with subregulation (2).

14EPublication of adjusted on-the-spot penalty fare

(1)The Public Transport Development Authority must publish in the Government Gazette and on the Authority's Internet site the amount of an on-the-spot penalty fare that has been adjusted and rounded in accordance with regulation 14D.

(2)An amount referred to in subsection (1) must be published in accordance with that subsection before the commencement of the financial year in respect of which the amount is to apply.

14FRecords in relation to the issuing of on‑the‑spot penalty tickets and the receipt of on‑the‑spot penalty fares

(1)The Public Transport Development Authority must assign a unique identifying number to each on-the-spot penalty ticket.

(2)For the purposes of section 220DE(1) of the Act, the prescribed records are—

(a)the number of on-the-spot penalty fares paid during each public transport day; and

(b)the receipt of those on-the-spot penalty fares by the Public Transport Development Authority. 

(3)For the purposes of section 220DE(2) of the Act, the prescribed records are the unique identifying numbers of the on-the-spot penalty tickets issued, or caused to be issued, during each public transport day by authorised officers employed or engaged by the passenger transport company, the bus company or Bus Association Victoria.

(4)A record referred to in subregulation (2) or subregulation (3) must be kept for a period of 7 years commencing on the date the record was created.

(5)In this regulation, public transport day means the period beginning at 3.00 a.m. on a day and ending at 3.00 a.m. on the following day.

14GForm and manner of the records in relation to the issuing of on‑the‑spot penalty tickets and the receipt of on‑the‑spot penalty fares

(1)For the purposes of section 220DE(1) of the Act, the prescribed form and manner is to keep the records—

(a)in, or so as to be able to be read or reproduced in, the English language; and

(b)either in writing or electronically.

(2)For the purposes of section 220DE(2) of the Act, the prescribed form and manner is to keep the records—

(a)in, or so as to be able to be read or reproduced in, the English language; and

(b)either in writing or electronically; and

(c)otherwise to the satisfaction of the Public Transport Development Authority.

__________________".

═══════════════

ENDNOTES

[1] Reg. 4: S.R. No. 86/2006. Reprint No. 1 as at 7 August 2013. Reprinted to S.R. No. 95/2013.