Untitled document
Road Legislation Further Amendment Act 2007
No. 74 of 2007
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Amendment of Road Safety Act 1986
3Definitions
4Definition of driver base
5Driver licences
6Probationary driver licences
7Demerits register
8Definition for Part 5
9New section 68B inserted
68BDeliberately or recklessly entering a level crossing when a train or tram is approaching etc.
10Definitions in Part 6AA
11Use of effective statement to avoid liability
12Cancellation of acceptance of statement
13Proceedings against nominated persons
14Defences to operator onus offences
15Relevant offence
16Disclosure of information
17Transitional provisions
103NTransitional provisions for operator onus—Road Legislation Further Amendment Act 2007
103OTransitional provisions for Demerits Register—Road Legislation Further Amendment Act 2007
103PTransitional provisions for level crossings—Road Legislation Further Amendment Act 2007
103QTransitional provisions for fatigue regulated heavy vehicles—Road Legislation Further Amendment Act 2007
103RTransitional provisions for certain drivers of fatigue regulated heavy vehicles—Road Legislation Further Amendment Act 2007
103STransitional provisions for existing exemptions for drivers of fatigue regulated heavy vehicles—Road Legislation Further Amendment Act 2007
103TTransitional provisions for existing log books—Road Legislation Further Amendment Act 2007
18Definition of driver base
19Definitions of consignor, consignee and loader
20New Part 10A inserted
Part 10A—Fatigue Management requirements
Division 1—Interpretation
191ADefinitions
191BMeaning of fatigue regulated heavy vehicle
191CApplication of Commonwealth Interpretation Act
Division 2—Duties to avoid and prevent fatigue
191DDriver's duty to avoid driver fatigue
191EDuty on parties in the chain of responsibility to prevent driver fatigue
191FDuties on employers, prime contractors and operators
191GDuties on schedulers
191HDuties on consignors and consignees
191IDuties on loading managers
191JCertain requests etc. prohibited
191KCertain contracts prohibited
Division 3—Duties relating to work and rest times
Subdivision 1—Work and rest times applying to drivers not working under accreditation
191LStandard hours—solo drivers
191MStandard hours—solo drivers of buses
191NStandard hours—two-up drivers
Subdivision 2—Work and rest times applying to drivers working under BFM accreditation
191OBFM hours—solo drivers
191PBFM hours—two-up drivers
Subdivision 3—Work and rest hours under AFM accreditation
191QDrivers working under AFM accreditation
191RChanging work/rest hours option
Division 4—Duties relating to record keeping
191SDriver must carry work diary
191TInformation that driver must record in work diary
191UHow driver must record information in work diary
191VDestroyed, lost, stolen or malfunctioning work diaries
191WMalfunctioning odometers
191XDuty on employers, prime contractors, operators and schedulers to ensure driver compliance
Division 5—Records relating to drivers
191YInformation that record keeper must record
191ZFalse entries
191ZAKeeping 2 work diaries simultaneously prohibited
191ZBPossession of purported work records etc. prohibited
191ZCDefacing or changing work records etc. prohibited
191ZDFalse representation of work records prohibited
191ZEMaking entries in someone else's work records prohibited
191ZFDestruction of certain work records prohibited
191ZGTampering with electronic work diaries prohibited
Division 6—Accreditation and exemptions
Subdivision 1—BFM accreditation
191ZHMeaning of BFM system
191ZIApplication for BFM accreditation
191ZJGranting BFM accreditation
191ZKBFM accreditation certificate and period of
accreditation191ZLRefusal to grant BFM accreditation
191ZMConditions of BFM accreditation
191ZNObligations of operator under BFM accreditation
191ZOOperator must advise of change or end of
accreditation
Subdivision 2—AFM accreditation
191ZPMeaning of AFM proposal
191ZQMeaning of AFM system
191ZRApplication for AFM accreditation
191ZSGranting AFM accreditation
191ZTAFM accreditation certificate and period of
accreditation191ZURefusal to grant AFM accreditation
191ZVConditions of AFM accreditation
191ZWDriver must carry AFM accreditation details
191ZXObligations of operator under AFM accreditation
191ZYOperator must advise of change or end of accreditation
Subdivision 3—Exemptions
191ZZExemptions for emergency services
191ZZAWork diary exemption
Subdivision 4—Variation, suspension or cancellation of accreditation or exemption
191ZZBVariation or cancellation of accreditation or exemption—on application
191ZZCGrounds for variation—without application
191ZZDGrounds for cancellation—without application
191ZZEVariation or cancellation of accreditation—without application
191ZZFImmediate suspension of accreditation in interest of public safety
191ZZGReturn of accreditation certificate or exemption
Subdivision 5—Miscellaneous provisions relating to accreditation and exemptions
191ZZHReplacement of lost etc. accreditation certificates and exemptions
191ZZIOffence to falsely represent that accreditation
held
Division 7—Compliance and enforcement
Subdivision 1—Enforcement powers
191ZZJRequiring rest for contravention of maximum work requirement
191ZZKRequiring rest for contravention of minimum rest requirement
191ZZLRequiring driver to stop working if impaired by fatigue
191ZZMRequiring driver to stop working if work diary not produced or unreliable
191ZZNCompliance with requirement under this Division
Subdivision 2—Reasonable steps and provisions concerning defences
191ZZOWhat constitutes reasonable steps
191ZZPReasonable steps defence
191ZZQMatters relevant to deciding whether acts or omissions constitute all reasonable steps
191ZZRInclusion of reasonable diligence
191ZZSCompliance with industry code of practice
191ZZTExclusion of mistake of fact defence
Subdivision 3—Penalties
191ZZUPenalties
191ZZVProceedings for offences
191ZZWDeciding whether a person knew or ought reasonably to have known something
191ZZXMultiple offenders
191ZZYOther powers not affected
191ZZZContracting out prohibited
Division 8—Fatigue Authorities Panel
191ZZZAEstablishment of Panel
191ZZZBApproved matters to be published
Division 9—Reconsideration and review of decisions
191ZZZCDecisions that may be reconsidered and
reviewed191ZZZDReconsideration of decisions
21New Part 11 heading
"Part 11—Additional Provisions Concerning Relevant Heavy Vehicle Offences".
22Application of Commonwealth Acts Interpretation Act 1901
23Relevant heavy vehicle offences
24Definitions
25Meaning of associate repealed
26Meaning of operator repealed
27Definitions
28Regulations
29New Schedules 3 to 4A inserted
SCHEDULE 3—Work and Rest Hours for Drivers Not Working under Accreditation
Table 1—Standard hours—Solo drivers of a fatigue regulated heavy vehicle
Table 2—Standard hours—Solo drivers of buses
Table 3—Standard hours—Two-up drivers of a fatigue
regulated heavy vehicle
SCHEDULE 4—Work and Rest Hours for Drivers Working
Under BFM AccreditationTable 1—BFM hours—Solo drivers of a fatigue regulated heavy vehicle
Table 2—BFM hours—Two-up drivers of a fatigue regulated heavy vehicle
SCHEDULE 4A—AFM Outer Limits
Part 3—Amendment of Chattel Securities
Act 1987
30New section 16B inserted
16BCorporation may enter into agreement with sheriff about registration fees
31Section 18 substituted
18Cancellation of registration
32Corporation to record details of cancellation
33Prescribed fees for variation
34Variation of particulars
35Correction of inaccuracies in the register
36Certificate
37New section 24A inserted
24AProvision of information other than by certificate
38Regulations
Part 4—Amendment of EastLink Project Act 2004
39Definitions
40New section 197AA inserted
197AAAuthorisation of authorised persons
41Liability to pay toll charged
42Exemptions from toll and toll administration fees
43Section 199 substituted and new sections 199A and 199B inserted
199Operator not liable if effective tolling statement
made199ACancellation of acceptance of statement
199BOffence to provide false or misleading information
44Charge of toll
45Payment of toll
46Division 3 heading amended
47Sections 204 and 205 substituted
204Offence to drive unregistered vehicle in toll zone
205Registration of vehicles
205AOn-going registration
205BTemporary registration
205CInformation to be given in relation to registration
205DCancellation or suspension of registration
48New section 206A inserted
206AOffence to fraudulently induce registration
49New section 206B inserted
206BCourt to require payment of toll and costs
50Freeway Corporation may notify enforcement agency of non-payment of toll
51New section 207A inserted
207ADisputes in relation to payment of tolls
52Power to serve a notice
53Infringement penalty
54Additional effect of expiation
55Section 219 substituted
219Operator onus offence
56New section 219A inserted
219AExtension of time if no actual notice for offence to drive unregistered vehicle in toll zone
57Proof that vehicle driven on EastLink
58Evidence of certificate or document from VicRoads
59New section 221A inserted
221AGeneral evidentiary provision
60Evidence of certificate issued by Freeway Corporation
61Regulations
Part 5—Amendment of Melbourne City Link Act 1995
62Definitions
63New section 69B inserted
69BAuthorisation of authorised persons
64Liability to pay toll and toll administration fees
65New sections 72AA and 72AB inserted
72AACancellation of acceptance of statement
72ABOffence to provide false or misleading information
66Charge of toll
67Offence to drive unregistered vehicle in toll zone
68Relevant corporation or authorised person may notify enforcement agency of non-payment of toll
69Disputes in relation to payment of tolls
70Power to serve a notice
71Prescribed penalty
72General evidentiary provisions
73Transitional provisions
125Transitional provisions—Road Legislation Further Amendment Act 2007
Part 6—Amendment of Road Management
Act 2004
74Definitions
75Powers of a road authority
76General functions
77Street lighting arrangements
46ASpecific duties and powers in relation to street
lighting
78Defence to prove that reasonable care was taken
79New Schedule 7A inserted
SCHEDULE 7A—Street Lighting
1Definitions
2Power to install street lighting
3Responsibility for installation and operating costs of street lighting
4Transitional provisions—cost allocation tables for arterial roads
Part 7—Amendment of Transport Act 1983
80Delegation
81Repeal of section 55
82Substitution of Roads Corporation as the licensing authority for tow trucks
83Allocation schemes
84Roads Corporation to replace Secretary
85Repeal of Schedule 5
Part 8—Repeal of Amending Act
86Repeal of Act
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Endnotes
Road Legislation Further Amendment Act 2007
No. 74 of 2007
[Assented to 18 December 2007]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The main purpose of this Act is—
(a)to amend the Road Safety Act 1986—
(i)to include provisions providing for fatigue management for drivers of certain heavy vehicles; and
(ii)to introduce a new offence for drivers who deliberately or recklessly enter level crossings when warning devices are operating or a train or tram is approaching; and
(iii)to allow for the use of VicRoads' records—
(A)to assist in locating missing persons; and
(B)to facilitate the reunion of families and friends; and
(C)to facilitate road safety related research projects; and
(D)to assist infrastructure managers to carry out the managers' functions under the Road Management Act 2004; and
(iv)to clarify the operator onus provisions in Part 6AA for the purposes of tolling offences; and
(v)to enable VicRoads to delay sending a demerit point suspension notice if a demerit point option notice is returned as undeliverable; and
(vi)to allow VicRoads to grant people under the age of 21 years driver licences for different terms than those that apply to older drivers; and
(vii)to empower regulations in respect of learner drivers to make different provision for drivers of different ages; and
(viii)to clarify that a Ministerial order that recognises laws of other States or of Territories for the purposes of determining a person's liability for repeat drink-driving and drug-driving offences may include offences under laws that have been repealed or expired; and
(b)to amend the Chattel Securities Act 1987 to clarify provisions regarding the registration of security interests in motor vehicles, including clarification of the power to make regulations imposing fees, and the ability to waive or reduce those fees in certain circumstances; and
(c)to amend the EastLink Project Act 2004 to ensure that the tolling provisions in that Act include recent reforms to operator onus offences and the provisions are more consistent with those that apply under the Melbourne City Link Act 1995; and
(d)to amend the Melbourne City Link Act 1995 to apply recent reforms to operator onus offences to City Link tolling, so that recipients of tolling invoices who were not driving can nominate the responsible person in relation to the vehicle; and
(e)to amend the Road Management Act 2004 to establish a new set of arrangements for the funding and management of street lighting on arterial roads between the State and local governments, and to make amendments in relation to road management functions; and
(f)to amend the Transport Act 1983 to transfer responsibility for the provisions regarding tow trucks from the Director of Public Transport and the Secretary to the Department of Infrastructure to VicRoads.
2Commencement
(1)Subject to subsections (2) to (7), this Act comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsections (3) to (6), sections 3, 4, 6, 10 to 14, 18 to 29, 33, 34, 35(2) and 37 and Parts 4 and 5 come into operation on a day or days to be proclaimed.
(3)If sections 3 and 4 and 18 to 29 do not come into operation before 1 October 2008, those provisions come into operation on that day.
(4)If section 6 does not come into operation before 1 July 2008, it comes into operation on that day.
(5)If sections 10 to 14 and Parts 4 and 5 do not come into operation before 1 September 2008 those provisions come into operation on that day.
(6)If sections 33, 34, 35(2) and 37 do not come into operation before 14 September 2008, those provisions come into operation on that day.
(7)Sections 75, 77 and 79 come into operation on 1 January 2008.
__________________
Part 2—Amendment of Road Safety Act 1986
3Definitions
In section 3(1) of the Road Safety Act 1986—
(a)for the definition of associate substitute—
"associate, of another person, means any of the following persons—
(a)a spouse, parent, brother, sister or child of the other person;
(b)a member of the other person's household;
(c)a partner of the other person;
(d)a trustee or beneficiary of the same trust as the other person;
(e)a trustee of a trust of which the other person is a beneficiary;
(f)a beneficiary of a trust of which the other person is a trustee;
(g)a body corporate if the other person is a director or member of the governing body of the body corporate;
(h)a director or member of the governing body of a body corporate if the other person is the body corporate;
(i)a body corporate (other than a public company whose shares are listed on a stock exchange) of which the other person is a shareholder;
(j)a shareholder of the other person if the other person is a body corporate (other than a public company whose shares are listed on a stock exchange);
(k)a related body corporate of the other person within the meaning of the Corporations Act;
(l)a person with whom a chain of relationships with the other person can be traced under any one or more of the above paragraphs;";
(b)for the definition of consignee substitute—
"consignee, in relation to goods transported or to be transported by a heavy vehicle or a fatigue regulated heavy vehicle—
(a)means the person who—
(i)has consented to being, and is, named or otherwise identified as the intended consignee of the goods in the transport documentation for the consignment; or
(ii)actually receives the goods after the goods are transported by road; but
(b)does not include a person who merely unloads or unpacks the goods;";
(c)for the definition of consignor substitute—
"consignor of goods is a person who—
(a)with the person's authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road; or
(b)engages an operator of a vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or
(c)has possession of, or control over, the goods immediately before the goods are transported by road; or
(d)loads a vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is unattended (except by a driver of the vehicle, a trainee driver or any person necessary for the normal operation of the vehicle) during loading; or
(e)if the goods are imported into Australia, imports the goods;";
(d)for the definition of driver base substitute—
"driver base, in relation to a heavy vehicle or a fatigue regulated heavy vehicle, means—
(a)in the case of a vehicle that is not part of a group of vehicles—
(i)the place recorded for the time being as the driver base in the log book or work diary kept by the driver of the vehicle; or
(ii)if no place is recorded as specified in subparagraph (i)—the garage address of the vehicle, as recorded—
(A)by the Corporation; or
(B)if the vehicle is registered in another State or Territory, by the registration authority of that State or Territory; or
(iii)if no place is recorded as specified in subparagraph (i) or (ii)—the place from which the driver normally works and receives instructions; or
(b)in the case of a group of vehicles—
(i)the place recorded for the time being as the driver base in the log book or work diary kept by the driver of the group; or
(ii)if no place is recorded as specified in subparagraph (i)—the garage address of each vehicle in the group, as recorded—
(A)by the Corporation; or
(B)if a vehicle is registered in another State or Territory, by the registration authority of that State or Territory; or
(iii)if no place is recorded as specified in subparagraph (i) or (ii)—the place from which the driver normally works and receives instructions;";
(e)for the definitions of garage address of a vehicle and garage address of a heavy vehicle substitute—
"garage address, of a vehicle, means—
(a)in the case of a heavy vehicle that is normally kept at a depot or base of operations when not in use, the principal depot or base of operations of the vehicle; or
(b)in the case of a heavy vehicle that is normally kept on a highway when not in use—
(i)if the vehicle has only one registered operator, the home address of the registered operator; or
(ii)if the vehicle has more than one registered operator, the home address of the registered operator whose home address is nearest to the highway where it is kept; or
(c)in any other case, the place nominated by the applicant for registration as the place where the vehicle is normally kept;";
(f)for the definition of loader substitute—
"loader means—
(a)a person who loads a vehicle or combination with goods for transport by road; or
(b)a person who loads a vehicle or combination with a freight container (whether or not containing goods) for transport by road; or
(c)without limiting paragraph (a) or (b), a person who loads a freight container already in or on a vehicle or combination with goods for transport by road; or
(d)a person who supervises an activity mentioned in paragraph (a), (b) or (c); or
(e)a person who manages or controls an activity mentioned in paragraph (a), (b), (c) or (d);";
(g)for the definition of operator substitute—
"operator means—
(a)in the case of a vehicle (including a vehicle in a group of vehicles that are physically connected)—the person responsible for controlling or directing the operations of the vehicle; or
(b)in the case of a group of vehicles that are physically connected—the person responsible for controlling or directing the operations of the towing vehicle in the group; but
does not include a person merely because the person owns a vehicle or does any or all of the following—
(c)drives a vehicle;
(d)maintains or arranges for the maintenance of a vehicle;
(e)arranges for the registration of a vehicle;";
(h)insert the following definitions—
"beneficiary, of a trust, includes an object of a discretionary trust;
business day means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993;
fatigue regulated heavy vehicle has the meaning given by section 191B;
registered industry code of practice means an industry code of practice for which registration is in force under section 93B;";
(i)in paragraph (d) of the example at the foot of the definition of journey documentation, after "log book entry," insert "a work diary,".
4Definition of driver base
After section 3 of the Road Safety Act 1986 insert—
"3AAA Definition of driver base
For the purposes of the definition of driver base in section 3(1)—
(a)a group of vehicles means a heavy vehicle or fatigue regulated heavy vehicle that is physically connected to one or more other vehicles (even if those other vehicles are not heavy vehicles or fatigue regulated heavy vehicles); and
(b)if a driver is a self-employed driver and an employed driver at different times, the driver may have one driver base as a self-employed driver and another driver base as an employed driver; and
(c)if a driver has 2 or more employers, the driver may have a different driver base in relation to each employer.".
5Driver licences
After section 19(2) of the Road Safety Act 1986 insert—
"(2A)Without limiting subsection (2)(b), a regulation for the purposes of that paragraph may provide for different procedures or requirements depending on a person's age, experience or any other factor.".
6Probationary driver licences
After section 21(3) of the Road Safety Act 1986 insert—
"(4)Without limiting subsection (3), regulations for the purpose of this section may provide that probationary driver licences granted to persons under the age of 21 may have longer terms than the terms that usually apply to probationary drivers licences granted to persons who are 21 years of age or more.".
7Demerits register
(1)In section 25(3) of the Road Safety Act 1986, after "a notice" insert "(a demerit point option notice)".
(2)In section 25(3A) of the Road Safety Act 1986, for "that notice" substitute "a demerit point option notice".
(3)In sections 25(3B) and 25(3C) of the Road Safety Act 1986, for "notice served under subsection (3)" (wherever occurring) substitute "demerit point option notice".
(4)In sections 25(3B) and 25(3C) of the Road Safety Act 1986, for "notice under subsection (3)" (wherever occurring) substitute "demerit point option notice".
(5)For section 25(3D) of the Road Safety Act 1986 substitute—
"(3D)If a person on whom a demerit point option notice is served does not, in accordance with subsection (3A), notify the Corporation that the person elects to extend the demerit point period, the Corporation must—
(a)for a demerit point option notice returned to the Corporation as undelivered to the person—
(i)decide to serve another demerit point option notice on the person under subsection (3) as soon as practicable after the person—
(A)next applies for or renews the person's driver licence or learner permit; or
(B)next applies to register, or renew the registration of, a motor vehicle for which the person is the registered operator; or
(C)otherwise advises the Corporation of the person's current address; or
(ii)take action under paragraph (b); or
(b)otherwise— suspend the person's driver licence (whether or not a probationary driver licence) or learner permit for the period calculated in accordance with subsection (3E).
(3E)For the purposes of subsection (3D)(b), the period for which a person's driver licence or learner permit must be suspended is—
(a)3 months, and an additional 1 month for each 4 demerit points in excess of 12 recorded against the person as at the date the demerit point option notice was issued—
(i)for a full driver licence; or
(ii)for a learner permit or probationary driver licence if the person also holds, or has held, a full driver licence; or
(iii)for a learner permit or probationary driver licence if the person incurred 12 or more demerit points within any 3 year period but not 5 or more within any 12 month period; or
(b)3 months, and an additional 1 month for each 4 demerit points in excess of 5 recorded against the person as at the date the demerit point option notice was issued—
(i)for a learner permit or probationary driver licence; and
(ii)if the person does not hold, and has never held, a full driver licence; and
(iii)if the person incurred 5 or more demerit points within any 12 month period.
(3F)If the Corporation suspends a person's driver licence or learner permit under subsection (3D)(b), the Corporation must, when calculating demerit points recorded against the person at any time after the end of the period of suspension, disregard all demerit points recorded against the person as at the date of issue of the demerit point option notice.".
(6)In section 25(4) of the Road Safety Act 1986, for "notice served under subsection (3) or (3B)(c)" substitute "demerit point option notice or a notice under subsection (3B)(c)".
(7)After section 25(4) of the Road Safety Act 1986 insert—
"(4AA)For the purposes of subsection (4), if a demerit point option notice is returned to the Corporation as undelivered to the person and the Corporation decides, under subsection (3D)(a)(i), to serve another demerit point option notice on the person, the suspension takes effect on and from the date specified in the later notice.".
(8)In sections 25(4A) and 25(4B) of the Road Safety Act 1986, for "notice under subsection (3) or (3B)(c)" (wherever occurring) substitute "demerit point option notice or a notice under subsection (3B)(c)".
8Definition for Part 5
In section 47A(2) of the Road Safety Act 1986, after "Territory" insert ", including a law that has been repealed or has expired,".
9New section 68B inserted
After section 68A of the Road Safety Act 1986 insert—
"68B Deliberately or recklessly entering a level crossing when a train or tram is approaching etc.
(1)A driver of a vehicle must not, deliberately or recklessly, enter a level crossing if—
(a)warning lights (for example, twin red lights or rotating red lights) are operating or warning bells are ringing; or
(b)a gate, boom or barrier at the crossing is closed or is opening or closing; or
(c)a train or tram is on or entering the crossing; or
(d)a train or tram approaching the crossing can be seen from the crossing, or is sounding a warning, and there would be a danger of a collision with the train or tram if the driver entered the crossing; or
(e)the driver cannot drive through the crossing because the crossing, or a road beyond the crossing, is blocked.
Penalty:30 penalty units.
(2)On convicting a person, or finding a person guilty, of an offence under subsection (1), the court must—
(a)if the offender holds a driver licence or permit, suspend the licence or permit for a period of not less than 3 months; or
(b)if the offender does not hold a driver licence or permit, disqualify the offender from obtaining one for a period of not less than 3 months.".
10Definitions in Part 6AA
In section 84BB of the Road Safety Act 1986—
(a)insert the following definitions—
"authorised tolling person means—
(a)a person authorised in writing under section 69B of the Melbourne City Link Act 1995 to carry out functions under Part 4 of that Act; or
(b)a person authorised in writing under section 197AA of the EastLink Project Act 2004 to carry out functions under Part 9 of that Act;
tolling nomination statement, in relation to a tolling offence, means a statement in writing made by an authorised tolling person to the effect that the authorised tolling person believes that the person nominated in the statement is the responsible person in relation to a motor vehicle at the time of the tolling offence;
tolling offence means an offence involving a motor vehicle against section 73(1) of the Melbourne City Link Act 1995 or section 204(1) of the EastLink Project Act 2004;";
(b)in the definition of effective, after "a sold vehicle statement" insert ", a tolling nomination statement";
(c)in the definition of illegal user statement, omit "and giving reasons for that belief";
(d)in the definition of known user statement—
(i)in paragraph (b), for "attached; and" substitute "attached;";
(ii)paragraph (c) is repealed;
(e)for the definition of nomination rejection statement substitute—
"nomination rejection statement means a statement in writing made by a person nominated in a known user statement, a sold vehicle statement or a tolling nomination statement as being the responsible person in relation to a motor vehicle or trailer to the effect—
(a)if nominated in a known user statement, that the person had not had possession or control of the motor vehicle or trailer, as the case requires, before the offence, as stated in the known user statement, and did not have possession or control of it at the time of the offence; and
(b)if nominated in a sold vehicle statement, that the motor vehicle or trailer, as the case requires, had not been sold or disposed of to the person, and that no interest in it had otherwise vested in the person, as stated in the sold vehicle statement; and
(c)if nominated in a tolling nomination statement, that the person was not the responsible person in relation to the motor vehicle at the time of the tolling offence as stated in the tolling nomination statement;";
(f)in the definition of responsible person, for paragraph (d) substitute—
"(d)in the case of a tolling offence, without limiting paragraphs (a), (b) and (c), the person nominated in an effective tolling nomination statement;";
(g)in the definition of unknown user statement—
(i)after "trailer" (where first occurring) insert "(other than a tolling offence)";
(ii)in paragraph (b), omit "and giving reasons for not knowing and not being able to ascertain the identity of that person".
11Use of effective statement to avoid liability
(1)In section 84BE(1) of the Road Safety Act 1986—
(a)in paragraph (a), after "the person" insert
", or an authorised tolling person,";
(b)for paragraph (a)(iv) substitute—
"(iv)subject to subsection (1A), an unknown user statement; or";
(c)after paragraph (a)(iv) insert—
"(v)a tolling nomination statement; and".
(2)After section 84BE(1) of the Road Safety Act 1986 insert—
"(1A)A person nominated in a tolling nomination statement may not make, or give to an enforcement official, an unknown user statement in relation to a tolling offence.".
(3)In section 84BE(2) of the Road Safety Act 1986—
(a)for "statement or a" substitute
"statement, a";
(b)after "vehicle statement" insert "or a tolling nomination statement";
(c)after paragraph (b) insert—
"(ba)reasons for nominating the individual under paragraph (a) or person under paragraph (b); and".
(4)In section 84BE(4) of the Road Safety Act 1986—
(a)for "statement or a" substitute
"statement, a";(b)after "vehicle statement" insert "or a tolling nomination statement".
(5)After section 84BE(4) of the Road Safety Act 1986 insert—
"(4A)If an authorised tolling person gives an enforcement official a tolling nomination statement, and the nomination made in the statement is based on a belief formed after receiving a statement or statements made under Part 4 of the Melbourne City Link Act 1995 or Part 9 of the EastLink Project Act 2004—
(a)an enforcement official may request the statement or statements be given to the official; and
(b)the authorised tolling person must give a copy or copies of the statement or statements made under the Melbourne City Link Act 1995 or the EastLink Project Act 2004 to the official as soon as practicable after the official makes the request.".
(6)For section 84BE(5) of the Road Safety Act 1986 substitute—
"(5)An enforcement official may decide to accept an illegal user statement as an effective statement for the purposes of this Part if satisfied as to the matters, and any reasons set out in support of those matters, stated in the statement.
(5A)An enforcement official may decide to accept an unknown user statement as an effective statement if the enforcement official is satisfied that it states—
(a)that, at the time of the offence, the person was not driving, or had not at that time possession or control of the motor vehicle or trailer or the motor vehicle to which the trailer was attached; and
(b)reasons in support of the matters raised under paragraph (a) that—
(i)are adequate and reasonable in the circumstances; and
(ii)explain why the person could not, with reasonable diligence, ascertain the identity of the person who was at that time driving or at that time was last known to have had possession or control of the motor vehicle or trailer, or the motor vehicle to which the trailer was attached.".
(7)In section 84BE(6) of the Road Safety Act 1986—
(a)for "or sold" substitute ", sold";
(b)after "vehicle statement" insert "or tolling nomination statement";
(c)for "or (5)" substitute ", (5) or (5A)".
12Cancellation of acceptance of statement
In section 84BF(1)(a) of the Road Safety Act 1986—
(a)for "statement or a" substitute
"statement, a";(b)after "vehicle statement" insert "or a tolling nomination statement".
13Proceedings against nominated persons
(1)In section 84BG(1) of the Road Safety Act 1986—
(a)for "or sold" substitute ", sold";
(b)after "vehicle statement" insert "or tolling nomination statement".
(2)In section 84BG(2) of the Road Safety Act 1986—
(a)for "or sold" substitute ", sold";
(b)after "vehicle statement" insert "or tolling nomination statement".
14Defences to operator onus offences
(1)After section 84BH(b) of the Road Safety Act 1986 insert—
"(ba)that the acceptance as an effective statement for the purposes of this Part of a tolling nomination statement made by an authorised tolling person ought not to have been cancelled under section 84BF(1);".
(2)In section 84BH(c) of the Road Safety Act 1986—
(a)for "or sold" substitute ", sold";
(b)after "vehicle statement" insert "or tolling nomination statement";
(c)for "incorrect;" substitute "incorrect.".
(3)Section 84BH(d) of the Road Safety Act 1986 is repealed.
15Relevant offence
After paragraph (e) of the definition of relevant offence in section 84C(1) of the Road Safety Act 1986 insert—
"(ea)an offence against section 68B;".
16Disclosure of information
After section 92(3)(ib) of the Road Safety Act 1986 insert—
"(ic)to or by a person or body, approved by the Minister by notice in the Government Gazette for the purposes of this paragraph, to enable the person or body to locate and contact individuals—
(i)for the purpose of locating missing persons for non-commercial, humanitarian purposes; or
(ii)for facilitating the reunion of families and friends for non-commercial, humanitarian purposes; or
Example
The use of driver licence and vehicle registration records by a welfare agency for the purpose of reuniting members of refugee communities with families and friends within Victoria or in other parts of the world.
(id)for the purposes of the Corporation conducting road safety research or disseminating information or advice on road safety to road users generally or a particular class of road users; or
Example
Using driver licence and vehicle registration records for the purposes of conducting a survey of licence holders to gather data for use in developing road safety policies and programs.
(ie)to or by a road authority or utility (within the meaning of the Road Management Act 2004) for the purposes of issuing or defending civil proceedings relating to—
(i)the road authority's or utility's road management functions within the meaning of the Road Management Act 2004; or
(ii)damage to infrastructure, within the meaning of the Road Management Act 2004, resulting from road accidents; or".
17Transitional provisions
After section 103M of the Road Safety Act 1986 insert—
"103N Transitional provisions for operator onus—Road Legislation Further Amendment Act 2007
(1)The amendments made to a section of this Act by any of the following provisions of the Road Legislation Further Amendment Act 2007 only apply to offences alleged to have been committed on or after the commencement of that provision—
(a)section 10;
(b)section 11;
(c)section 12;
(d)section 13;
(e)section 14.
(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of a provision of the Road Legislation Further Amendment Act 2007 referred to in subsections (1)(a) to (1)(e), the offence is alleged to have been committed before the commencement of that provision.
103OTransitional provisions for Demerits Register—Road Legislation Further Amendment Act 2007
The amendments made to section 25 of this Act by section 7 of the Road Legislation Further Amendment Act 2007 apply to a demerit point option notice served on a person after the commencement of that section 7, whether the demerit points to which the notice relates were incurred before or after that commencement.
103PTransitional provisions for level crossings—Road Legislation Further Amendment Act 2007
(1)Section 68B of this Act, as inserted by section 9 of the Road Legislation Further Amendment Act 2007, and paragraph (ea) of the definition of relevant offence in section 84C(1) of this Act, as inserted by section 15 of that Act, apply only to offences alleged to have been committed on or after the commencement of sections 9 or 15.
(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of sections 9 and 15 of the Road Legislation Further Amendment Act 2007, the offence is alleged to have been committed before the commencement of those provisions.
103QTransitional provisions for fatigue regulated heavy vehicles—Road Legislation Further Amendment Act 2007
(1)Part 10A of this Act, as inserted by section 20 of the Road Legislation Further Amendment Act 2007, applies only to offences alleged to have been committed on or after the commencement of that section 20.
(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 20 of the Road Legislation Further Amendment Act 2007, the offence is alleged to have been committed before the commencement of that provision.
103RTransitional provisions for certain drivers of fatigue regulated heavy vehicles—Road Legislation Further Amendment Act 2007
(1)Despite anything to the contrary in this Act but subject to subsection (6), until the expiry of 6 months after the commencement of Part 10A, as inserted by section 20 of the Road Legislation Further Amendment Act 2007—
(a)a driver may drive at BFM hours if, immediately before that commencement, the driver—
(i)was exempt under the regulations from complying with the requirements in the regulations relating to maximum working times and minimum rest times for drivers because the driver was a participant in a fatigue management program approved under the regulations and known as a transitional fatigue management program; or
(ii)was exempt under a law of another State or of a Territory from complying with the requirements relating to maximum working times and minimum rest times for drivers applying under the law in that State or Territory because the driver was a participant in a fatigue management program corresponding to the program referred to in subparagraph (i); and
(b)a driver who, immediately before that commencement, was exempt under a law of another State or of a Territory from the requirements relating to maximum working times and minimum rest times for drivers applying under the law in that State or Territory because the driver was a participant in a fatigue management program known as a fatigue management pilot, may drive at the hours approved in the exemption.
(2)Subsection (1)(a) does not apply—
(a)at any time that the driver is in breach of any condition or requirement of the fatigue management program in which the driver is a participant; or
(b)if the fatigue management program is cancelled.
(3)Subsection (1)(b) does not apply—
(a)at any time that the driver is in breach of any condition or requirement of the exemption under the fatigue management program; or
(b)if the exemption is cancelled.
(4)For the purposes of this section, a driver is not in breach of any condition or requirement referred to in subsection (2) or (3) if, instead of recording any entry the driver was required to record in a log book, the driver records the entry in a work diary issued under Part 10A.
(5)For the purposes of this section, if a driver's employer has yet to obtain BFM accreditation, it is sufficient compliance with any requirement of this Act to record a BFM accreditation number if the employer's TFMS or FMS exemption registration number is recorded instead.
(6)The Corporation may withdraw approval of a fatigue management program given under the regulations.
103STransitional provisions for existing exemptions for drivers of fatigue regulated heavy vehicles—Road Legislation Further Amendment Act 2007
(1)This section applies if, immediately before the commencement of Part 10A, as inserted by section 20 of the Road Legislation Further Amendment Act 2007, a driver was exempted under the regulations from the requirement to make records in the driver's log book.
(2)The exemption is taken to be a work diary exemption made under Part 10A.
(3)Unless cancelled sooner under Part 10A, the exemption continues to apply—
(a)for the period stated in the exemption; or
(b)if the exemption does not state a period, for 3 years after the exemption took effect.
103TTransitional provisions for existing log books—Road Legislation Further Amendment Act 2007
(1)A driver working under standard hours may continue to use a log book issued under the regulations for 90 days after the commencement of Part 10A, as inserted by section 20 of the Road Legislation Further Amendment Act 2007, as if the regulations providing for driving hours for drivers continued to apply.
(2)A driver cannot work under BFM hours or AFM hours unless the driver has surrendered the driver's log book and has obtained a work diary.".
18Definition of driver base
Section 108 of the Road Safety Act 1986 is repealed.
19Definitions of consignor, consignee and loader
(1)Section 171(1) of the Road Safety Act 1986 is repealed.
(2)Section 173(1) of the Road Safety Act 1986 is repealed.
(3)Section 176(1) of the Road Safety Act 1986 is repealed.
20New Part 10A inserted
After Part 10 of the Road Safety Act 1986 insert—
"Part 10A—Fatigue Management requirements
Division 1—Interpretation
191ADefinitions
In this Part—
100+ km work, for the driver of a fatigue regulated heavy vehicle, means the driver is driving in an area that has a radius of more than 100 km from the vehicle's driver base;
accreditation means—
(a)AFM accreditation; or
(b)BFM accreditation;
ADR 42 means the national standard described as ADR 42 as in force from time to time under the Motor Vehicle Standards Act 1989 of the Commonwealth;
AFM accreditation means accreditation granted under section 191ZS, or a corresponding fatigue law, that is in force;
AFM proposal has the meaning given by section 191ZP;
AFM hours means the work times and rest times set out in an AFM accreditation for a driver working under the accreditation;
AFM outer limits are the limits set in Schedule 4A;
AFM standards and business rules means the standards and business rules for AFM accreditation specified by the Fatigue Authorities Panel;
AFM system has the meaning given by section 191ZQ;
approved sleeper berth means—
(a)for a vehicle other than a bus—a driver's sleeper berth that complies with ADR 42 or with a standard for sleeper berths that is specified by the Fatigue Authorities Panel and is able to be used by the driver when taking rest; or
(b)for a bus—a driver's sleeper berth that complies with a standard for sleeper berths that is specified by the Fatigue Authorities Panel and is able to be used by the driver when taking rest;
BFM accreditation means accreditation granted under section 191ZJ, or a corresponding fatigue law, that is in force;
BFM hours means the work times and rest times set out in Schedule 4 for a driver working under BFM accreditation;
BFM standards and business rules means the standards and business rules for BFM accreditation specified by the Fatigue Authorities Panel;
BFM system has the meaning given by section 191ZH;
corresponding fatigue law means—
(a)a law in force in another jurisdiction corresponding to this Part; or
(b)a law of another jurisdiction that is declared under the regulations to be a corresponding fatigue law, whether or not the law corresponds, or substantially corresponds, to this Part;
critical risk offence means an offence that is specified in this Part or Schedule 3 or 4 as a critical risk offence;
driver means the driver of a fatigue regulated heavy vehicle and includes an employed driver and a self-employed driver;
electronic work diary means a device that—
(a)is approved by the Corporation in accordance with the regulations; and
(b)is fitted to a fatigue regulated heavy vehicle to monitor the work and rest times of the vehicle's driver;
employed driver means a driver who is employed by someone else to drive a fatigue regulated heavy vehicle;
employer means a person who engages someone else to drive a fatigue regulated heavy vehicle under a contract of employment, apprenticeship or training;
Example
A labour hire company.
entry, in a work record, includes an annotation made in the record by an inspector;
Fatigue Authorities Panel means the panel established under section 191ZZZA;
fatigue impairment requirement means a requirement under this Part relating to a requirement that a person must not drive a fatigue regulated heavy vehicle while impaired by fatigue;
fatigue management requirement means—
(a)a fatigue impairment requirement; or
(b)a maximum work requirement; or
(c)a minimum rest requirement; or
(d)a work diary requirement;
impaired by fatigue, for a driver, means the driver is fatigued to the extent that the driver is incapable of driving a vehicle safely;
loading manager means—
(a)a person who manages, or is responsible for the operation of, premises at which usually on a business day at least 5 fatigue regulated heavy vehicles are loaded with goods for transport, or have goods that the vehicles have transported unloaded; or
(b)a person who directly or indirectly supervises, manages or controls the loading or unloading of fatigue regulated heavy vehicles at premises referred to in paragraph (a);
long/night work time means—
(a)any work time of more than 12 hours in a 24 hour period; or
(b)any work time between midnight and 6 a.m. (or the equivalent hours in the time zone of the driver base of the vehicle if it is on a journey);
maximum work requirement means a requirement under this Part or Schedule 3 or 4 relating to the maximum period a driver, or two-up driver, of a fatigue regulated heavy vehicle may drive a fatigue regulated heavy vehicle, or otherwise work, without taking a rest;
minimum rest requirement means a requirement under this Part or Schedule 3 or 4 relating to the minimum period a driver, or two-up driver, of a fatigue regulated heavy vehicle must rest to break up the period of time the driver, or two-up driver, drives a fatigue regulated heavy vehicle or otherwise works;
minor risk offence means an offence that is specified in this Part or Schedule 3 or 4 as a minor risk offence;
motor home—
(a)means a rigid or articulated motor vehicle or combination that is built, or has been modified, primarily for residential purposes; and
(b)does not include a motor vehicle that is merely a motor vehicle constructed with a sleeper berth;
night rest break means—
(a)7 hours of continuous and stationary rest time taken between 10 p.m. on a day and 8 a.m. on the next day, using the time zone of the driver base of the vehicle; or
(b)24 hours of continuous and stationary rest time;
participating jurisdiction means—
(a)this jurisdiction; or
(b)another jurisdiction, if that jurisdiction has a corresponding fatigue law;
party in the chain of responsibility, in relation to a fatigue regulated heavy vehicle, means any of the following persons—
(a)the employer of the driver of the vehicle;
(b)the prime contractor of the driver;
(c)the operator of the vehicle;
(d)the scheduler of goods or passengers for transport by the vehicle, and the scheduler of its driver;
(e)the consignor of goods for transport by the vehicle;
(f)the consignee of goods for transport by the vehicle;
(g)the loading manager of goods for transport by the vehicle;
(h)the loader of goods on to the vehicle;
(i)the unloader of goods from the vehicle;
prime contractor means a person who engages someone else to drive a fatigue regulated heavy vehicle under a contract for services;
Example
A logistics business that engages a subcontractor to transport goods.
record keeper, for a driver, means—
(a)for an employed driver working under standard hours—the employer; or
(b)for a self-employed driver working under standard hours—the self-employed driver; or
(c)for an employed or self-employed driver working under an operator's accreditation—the operator;
record location, for a driver, means—
(a)the place which the record keeper has told the driver is the driver's record location; or
(b)if the record keeper has not told the driver a place under paragraph (a), the driver base of the fatigue regulated heavy vehicle;
rest time, for a driver, means the time that is not work time for the driver;
scheduler means a person who—
(a)schedules a driver's work time or rest time; or
(b)schedules the transport of passengers or goods by road;
severe risk offence means an offence that is specified in this Part or Schedule 3 or 4 as a severe risk offence;
solo driver means a driver who is not a party to a two-up driving arrangement;
specified, in relation to an offence, means the offence is specified as a particular type of offence either—
(a)directly by a statement or other indication in the provision creating the offence that the offence is an offence of that particular type; or
(b)by a statement that the penalty for the offence is the penalty for that type of offence;
standard hours means the work times and rest times applying under this Part to a driver if the driver is not working under an accreditation;
stationary rest time means rest time that a driver spends—
(a)out of a fatigue regulated heavy vehicle; or
(b)in an approved sleeper berth of a stationary fatigue regulated heavy vehicle;
substantial risk offence means an offence that is specified in this Part or Schedule 3 or 4 as a substantial risk offence;
suitable rest place, for fatigue regulated heavy vehicles, means—
(a)a rest area that is designated by the Corporation for use by fatigue regulated heavy vehicles and able to be used by fatigue regulated heavy vehicles; or
(b)a place at which fatigue regulated heavy vehicles may be safely parked; or
(c)another place prescribed under the regulations to be a suitable rest place for fatigue regulated heavy vehicles;
supplementary record means a record that—
(a)is not made in a written or electronic work diary; and
(b)is at least as accurate and understandable as, and is made in a similar form to, a record made in a written or electronic work diary;
unloader means—
(a)a person who unloads from a fatigue regulated heavy vehicle goods that have been transported by road; or
(b)a person who unloads from a bulk container or freight container on a fatigue regulated heavy vehicle, or a tank that is part of a fatigue regulated heavy vehicle, goods that have been transported by road; or
(c)a person who unloads from a fatigue regulated heavy vehicle a freight container, whether or not it contains goods, that have been transported by road;
work diary requirement means a requirement under this Part relating to a driver keeping a work diary or another record;
work record means a work diary or a record required to be kept under section 191Y;
work/rest change, for a driver, means—
(a)a change for the driver from work time to rest time; or
(b)a change for the driver from rest time to work time; or
(c)a change for the driver from being a solo driver to being a two-up driver; or
(d)a change for the driver from being a two-up driver to being a solo driver;
work/rest hours option sets out the maximum work time and minimum rest time that a driver must have and includes—
(a)standard hours; and
(b)BFM hours; and
(c)AFM hours;
work time, for a driver, means—
(a)the time the driver spends driving a fatigue regulated heavy vehicle, whether or not it is on a road and includes—
(i)being in the driver's seat of the vehicle while its engine is running; and
(ii)being in the vehicle for the purpose of instructing or supervising another person driving the vehicle; and
(b)any other time the driver spends doing tasks that are related to the operation of a fatigue regulated heavy vehicle, including for example—
(i)loading or unloading the vehicle; and
(ii)inspecting, servicing or repairing the vehicle; and
(iii)inspecting or attending to the load on the vehicle; and
(iv)attending to the passengers of a bus; and
(v)cleaning or refuelling the vehicle; and
(vi)performing marketing tasks in relation to the operation of the vehicle, including arranging, or canvassing, for the transport of passengers or goods; and
(vii)helping with, or supervising, an activity mentioned in subparagraph (i), (ii), (iii), (iv), (v) or (vi); and
(viii)recording information, or completing a document, in accordance with this Act or otherwise, in relation to the operation of the vehicle.
191BMeaning of fatigue regulated heavy vehicle
(1)A heavy vehicle is a fatigue regulated heavy vehicle if it is any of the following—
(a)a motor vehicle with a GVM of more than 12 tonnes;
(b)a combination with a GVM of more than 12 tonnes;
(c)a bus.
(2)However, a heavy vehicle is not a fatigue regulated heavy vehicle if it is any of the following—
(a)a tram;
(b)a motor vehicle that—
(i)is built, or has been modified, primarily to operate as a machine or implement off-road, on a road-related area, or on an area of road that is under construction; and
(ii)is not capable of carrying goods or passengers by road;
Examples
The following are examples of vehicles of a type referred to in paragraph (b)—
agricultural machine, backhoe, bulldozer, excavator, forklift, front-end loader, grader, tractor, motor vehicle registered as a special purpose vehicle.
The following are examples of vehicles not of a type referred to in paragraph (b)—
truck-mounted crane, truck-mounted drilling rig.
(c)a motor home.
191CApplication of Commonwealth Interpretation Act
(1)The Acts Interpretation Act 1901 of the Commonwealth applies to the interpretation of this Part, except that, in relation to Victoria, "Ministerial Order" refers to an order made by the responsible Minister of Victoria.
(2)This section does not prevent the Interpretation of Legislation Act 1984 from applying to this Part to the extent that it can do so consistently with the application of the Acts Interpretation Act 1901 of the Commonwealth.
Division 2—Duties to avoid and prevent fatigue
191DDriver's duty to avoid driver fatigue
(1)A person must not drive a fatigue regulated heavy vehicle on a road while the person is impaired by fatigue.
Penalty:the penalty for a severe risk offence.
(2)A person charged with an offence under subsection (1) does not have the benefit of the mistake of fact defence.
Note
Section 191ZZT sets out how subsection (2) operates.
191EDuty on parties in the chain of responsibility to prevent driver fatigue
(1)A party in the chain of responsibility in relation to a fatigue regulated heavy vehicle must take all reasonable steps to ensure that a person does not drive the vehicle on a road while the person is impaired by fatigue.
Penalty:the penalty for a critical risk offence.
(2)A person charged with an offence under subsection (1) does not have the benefit of the mistake of fact defence.
Note
Section 191ZZT sets out how subsection (2) operates.
(3)For the purposes of subsection (1), evidence—
(a)that a party complied with a relevant prescribed fatigue duty under another law is evidence that the party took all the reasonable steps required by that subsection; and
(b)that an operator complied with the requirement of the operator's accreditation is evidence that the operator took all the reasonable steps required by that subsection.
(4)In a prosecution for an offence under subsection (1), it is not necessary to prove that any particular person drove, or would or may have driven, the vehicle on a road while impaired by fatigue.
(5)In this section—
prescribed fatigue duty under another law means a duty under another law of this jurisdiction, or of another participating jurisdiction, prescribed by the regulations for the purposes of this section.
191FDuties on employers, prime contractors and operators
(1)This section applies to—
(a)the employer of an employed driver; and
(b)the prime contractor of a self-employed driver; and
(c)the operator of the fatigue regulated heavy vehicle if the driver is to make a journey for the operator.
(2)The employer, prime contractor and operator must take all reasonable steps to ensure that the employer's, prime contractor's or operator's business practices will not cause or permit the driver to—
(a)drive while impaired by fatigue; or
(b)drive while in breach of the driver's work/rest hours option; or
(c)drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option.
Penalty:the penalty for a severe risk offence.
(3)The employer must not cause or permit the driver to drive the vehicle unless—
(a)the employer has complied with subsection (2); and
(b)the employer, after making reasonable inquiries, is satisfied that the scheduler has complied with section 191G.
Penalty:the penalty for a substantial risk offence.
(4)The prime contractor or operator must not cause or permit the driver to drive the vehicle, or enter into a contract with the driver to that effect, unless—
(a)the prime contractor or operator has complied with subsection (2); and
(b)the prime contractor or operator, after making reasonable inquiries, is satisfied that the scheduler has complied with section 191G.
Penalty:the penalty for a substantial risk offence.
(5)A person charged with an offence under this section does not have the benefit of the mistake of fact defence.
Note
Section 191ZZT sets out how subsection (5) operates.
(6)In this section—
business practices, of an employer, prime contractor or operator, means the practices of the employer, prime contractor or operator in running the business, and includes—
(a)the operating policies and procedures of the business; and
(b)the human resource and contract management arrangements of the business; and
(c)arrangements for managing safety.
191GDuties on schedulers
(1)This section applies to the scheduler of—
(a)a fatigue regulated heavy vehicle; or
(b)a driver.
(2)The scheduler must take all reasonable steps to ensure that a driver's schedule for driving the vehicle will not cause or permit the driver to—
(a)drive while impaired by fatigue; or
(b)drive while in breach of the driver's work/rest hours option; or
(c)drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option.
Penalty:the penalty for a severe risk offence.
(3)The scheduler must not cause or permit the driver to drive the vehicle unless—
(a)the scheduler has complied with subsection (2); and
(b)the driver's schedule for driving the vehicle allows for—
(i)the driver to take rest breaks in accordance with the driver's work/rest hours option; and
Examples
·Ensuring that a driver is able to take a short rest break at a suitable location.
·Ensuring that a driver is able to take a long rest break at a location where facilities that enable adequate rest to be taken are available.
(ii)traffic conditions and other delays that could reasonably be expected.
Examples
·The actual average speed able to be travelled lawfully and safely by the driver on the route in question.
·Known traffic conditions such as road works or traffic congestion on the route in question.
·Delays caused by loading, unloading or queuing.
Penalty:the penalty for a substantial risk offence.
(4)A person charged with an offence under this section does not have the benefit of the mistake of fact defence.
Note
Section 191ZZT sets out how subsection (4) operates.
191HDuties on consignors and consignees
(1)This section applies to—
(a)the consignor of goods for transport by a fatigue regulated heavy vehicle; and
(b)the consignee of goods for transport by a fatigue regulated heavy vehicle.
(2)The consignor and consignee must take all reasonable steps to ensure that the terms of consignment including, for example, the delivery time, will not result in, encourage or provide an incentive to the driver to—
(a)drive while impaired by fatigue; or
(b)drive while in breach of the driver's work/rest hours option; or
(c)drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option.
Penalty:the penalty for a severe risk offence.
(3)The consignor and consignee must take all reasonable steps to ensure that the terms of consignment, including, for example, the delivery time, will not result in, encourage or provide an incentive to the employer of an employed driver, prime contractor of a self-employed driver or operator of the fatigue regulated heavy vehicle to cause or permit the driver to—
(a)drive while impaired by fatigue; or
(b)drive while in breach of the driver's work/rest hours option; or
(c)drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option.
Penalty:the penalty for a severe risk offence.
(4)The consignor or consignee must not cause or permit the driver to drive the vehicle, or enter into a contract to that effect, unless—
(a)the consignor or consignee has complied with subsections (2) and (3); and
(b)for an employed driver—the consignor or consignee, after making reasonable inquiries, is satisfied that—
(i)the driver's employer and the operator of the driver's vehicle have complied with section 191F; and
(ii)the scheduler has complied with section 191G; and
(c)for a self-employed driver—the consignor or consignee, after making reasonable inquiries, is satisfied that—
(i)if the driver has a prime contractor—the prime contractor of the driver has complied with section 191F; and
(ii)the scheduler has complied with section 191G.
Penalty:the penalty for a substantial risk offence.
(5)The consignor or consignee must not make a demand that affects, or that may affect, a time in a schedule for the transport of the consigned goods and that may cause or permit the driver to—
(a)drive while impaired by fatigue; or
(b)drive while in breach of the driver's work/rest hours option; or
(c)drive while in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option.
Penalty:the penalty for a severe risk offence.
(6)Subsection (5) does not apply if the consignor or consignee, before making the demand—
(a)complies with subsections (2) and (3); and
(b)is satisfied, after making reasonable inquiries, that the making of the demand will not cause or permit a person to contravene section 191D.
(7)A person charged with an offence under this section does not have the benefit of the mistake of fact defence.
Note
Section 191ZZT sets out how subsection (7) operates.
191IDuties on loading managers
(1)A loading manager must take all reasonable steps to ensure that the arrangements for loading and unloading fatigue regulated heavy vehicles at the premises at which he or she is the loading manager will not cause or permit a driver to—
(a)drive while impaired; or
(b)drive while in breach of the driver's work/rest hours option; or
(c)drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option.
Penalty:the penalty for a severe risk offence.
Examples
·Providing for rest to be taken with adequate facilities.
·Providing for the reporting of travel delays and providing a mechanism for managing late arrivals.
·Allowing loading and unloading to occur at an agreed time.
·Having a system of setting and allocating loading and unloading times that a driver can reasonably rely on to comply with the driver's work/rest hours option.
(2)The loading manager must take all reasonable steps to ensure that the driver is able to take rest while waiting for the vehicle to be loaded or unloaded if the loading manager, or a person acting under the loading manager's supervision or control—
(a)has advised the driver, either directly or indirectly, of when the loading or unloading of the vehicle is to finish, and the loading manager or other person becomes aware that the loading or unloading will, or is likely to, finish more than 30 minutes late; or
(b)is unable to advise the driver of when the loading or unloading of the vehicle is to finish.
Example
Providing a system of notifying the driver when the driver's vehicle can be loaded or unloaded that does not require the driver to be awake.
Penalty:the penalty for a substantial risk offence.
(3)A person charged with an offence under this section does not have the benefit of the mistake of fact defence.
Note
Section 191ZZT sets out how subsection (3) operates.
191JCertain requests etc. prohibited
A person must not ask, direct or require (directly or indirectly) a driver or a party in the chain of responsibility to do something the person knows, or reasonably ought to know, would have the effect of causing or permitting the driver to—
(a)drive while impaired by fatigue; or
(b)drive while in breach of the driver's work/rest hours option; or
(c)drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option.
Example
A requirement that the driver complete a journey in a time that the person knows or reasonably ought to know cannot be complied with unless the driver commits a speeding offence or does not take all the rest breaks the driver is required to take.
Penalty:the penalty for a critical risk offence.
191KCertain contracts prohibited
(1)A person must not enter into a contract with a driver or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would have the effect of causing or permitting a driver to—
(a)drive while impaired by fatigue; or
(b)drive while in breach of the driver's work/rest hours option; or
(c)drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option.
Penalty:the penalty for a critical risk offence.
(2)A person must not enter into a contract with a driver or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would encourage or provide an incentive for a party in the chain of responsibility to cause or permit a driver to—
(a)drive while impaired by fatigue; or
(b)drive while in breach of the driver's work/rest hours option; or
(c)drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work/rest hours option.
Penalty:the penalty for a critical risk offence.
Division 3—Duties relating to work and rest times
Subdivision 1—Work and rest times applying to drivers not working under accreditation
191LStandard hours—solo drivers
(1)This section applies to a solo driver, including a solo driver of a bus, who is not working under an accreditation.
(2)In any period mentioned in column 1 of Table 1 in Schedule 3, the solo driver—
(a)must not work for more than the time set out opposite in column 2 of that Table; and
(b)must have the rest of that period off work, with at least the rest time set out opposite in column 3 of that Table.
(3)A party in the chain of responsibility for the fatigue regulated heavy vehicle must ensure the driver does not contravene subsection (2).
(4)A person who contravenes subsection (2) or (3)—
(a)is guilty of an offence; and
(b)is liable to the penalty for the category of offence set out in column 4 of the Table, opposite the relevant period.
(5)A person charged with an offence under subsection (4) does not have the benefit of the mistake of fact defence.
Note
Section 191ZZT sets out how subsection (5) operates.
(6)However, a person, other than the solo driver or the operator of the vehicle, charged with an offence against subsection (4) has the benefit of the reasonable steps defence.
(7)This section does not apply to the solo driver of a bus if the solo driver complies with section 191M.
191MStandard hours—solo drivers of buses
(1)This section applies to a solo driver of a bus who is not working under an accreditation.
(2)In any period mentioned in column 1 of Table 2 in Schedule 3, the solo driver—
(a)must not work for more than the time set out opposite in column 2 of that Table; and
(b)must have the rest of that period off work, with at least the rest time set out opposite in column 3 of that Table.
(3)A party in the chain of responsibility for the bus must ensure the driver does not contravene subsection (2).
(4)A person who contravenes subsection (2) or (3)—
(a)is guilty of an offence; and
(b)is liable to the penalty for the category of offence set out in column 4 of the Table, opposite the relevant period.
(5)A person charged with an offence under subsection (4) does not have the benefit of the mistake of fact defence.
Note
Section 191ZZT sets out how subsection (5) operates.
(6)However, a person, other than the solo driver or the operator of the bus, charged with an offence against subsection (4) has the benefit of the reasonable steps defence.
(7)This section does not apply to the solo driver of a bus if the solo driver complies with section 191L.
191NStandard hours—two-up drivers
(1)This section applies to a two-up driver who is not working under an accreditation.
(2)In any period mentioned in column 1 of Table 3 in Schedule 3, the two-up driver—
(a)must not work for more than the time set out opposite in column 2 of that Table; and
(b)must have the rest of that period off work, with at least the rest time set out opposite in column 3 of that Table.
(3)A party in the chain of responsibility for the fatigue regulated heavy vehicle must ensure the driver does not contravene subsection (2).
(4)A person who contravenes subsection (2) or (3)—
(a)is guilty of an offence; and
(b)is liable to the penalty for the category of offence set out in column 4 of the Table, opposite the relevant period.
(5)A person charged with an offence under subsection (4) does not have the benefit of the mistake of fact defence.
Note
Section 191ZZT sets out how subsection (5) operates.
(6)However, a person, other than the two-up driver or the operator of the vehicle, charged with an offence against subsection (4) has the benefit of the reasonable steps defence.
Subdivision 2—Work and rest times applying to drivers working under BFM accreditation
191OBFM hours—solo drivers
(1)This section applies to a solo driver, including a solo driver of a bus, who is working under BFM accreditation.
(2)In any period mentioned in column 1 of Table 1 in Schedule 4, the solo driver—
(a)must not work for more than the time set out opposite in column 2 of that Table; and
(b)must have the rest of that period off work, with at least the rest time set out opposite in column 3 of that Table.
(3)A party in the chain of responsibility for the fatigue regulated heavy vehicle must ensure the driver does not contravene subsection (2).
(4)A person who contravenes subsection (2) or (3)—
(a)is guilty of an offence; and
(b)is liable to the penalty for the category of offence set out in column 4 of the Table, opposite the relevant period.
(5)A person charged with an offence under subsection (4) does not have the benefit of the mistake of fact defence.
Note
Section 191ZZT sets out how subsection (5) operates.
(6)However, a person, other than the solo driver or the operator of the vehicle, charged with an offence against subsection (4) has the benefit of the reasonable steps defence.
191PBFM hours—two-up drivers
(1)This section applies to a two-up driver of a fatigue regulated heavy vehicle who is working under BFM accreditation.
(2)In any period mentioned in column 1 of Table 2 in Schedule 4, the two-up driver—
(a)must not work for more than the time set out opposite in column 2 of that Table; and
(b)must have the rest of that period off work, with at least the rest time set out opposite in column 3 of that Table.
(3)A party in the chain of responsibility for the fatigue regulated heavy vehicle must ensure the driver does not contravene subsection (2).
(4)A person who contravenes subsection (2) or (3)—
(a)is guilty of an offence; and
(b)is liable to the penalty for the category of offence set out in column 4 of the Table, opposite the relevant period.
(5)A person charged with an offence under subsection (4) does not have the benefit of the mistake of fact defence.
Note
Section 191ZZT sets out how subsection (5) operates.
(6)A person, other than the two-up driver or the operator of the vehicle, charged with an offence against subsection (4) has the benefit of the reasonable steps defence.
Subdivision 3—Work and rest hours under AFM accreditation
191QDrivers working under AFM accreditation
(6)For the purposes of subsection (5) a person who is granted an extension of time as referred to in subsection (1) only takes a relevant action in relation to an infringement notice if the person—
(a)pays the whole of the penalty shown on the infringement notice; or
(b)gives a statement under section 84BE of the Road Safety Act 1986 to an enforcement official within the meaning of Part 6AA of that Act; or
(c)elects to have the matter heard and determined in the Magistrates' Court under Part 2 of the Infringements Act 2006; or
(d)is offered a payment plan in accordance with the Infringements Act 2006 and the enforcement agency under that Act or the Secretary (as the case may be) received the first payment under that plan from the person; or
(e)in the case of a person who applies under section 22 of the Infringements Act 2006 for an internal review, is notified of a decision in accordance with section 25(1)(b), (c) or (d) of that Act or section 25(2) of that Act.
(7)If the Magistrates' Court or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, grants an extension of time as referred to in subsection (1), an infringement notice may be withdrawn under section 18 of the Infringements Act 2006 even though the infringement penalty has been lodged with an infringements registrar under Part 4 of the Infringements Act 2006 or registered under Schedule 3 to the Children, Youth and Families Act 2005, as the case requires.
(8)Despite anything to the contrary in this section or the Infringements Act 2006, the 28 day extension period under this section is suspended and no step may be taken in the enforcement of an infringement notice to which this section applies if a person has—
(a)applied for an internal review under section 22 of that Act which has not been determined, until the application is determined and the applicant notified of the outcome; or
(b)applied for a payment plan under section 46 of that Act, until—
(i)the person is notified that his or her application for a payment plan has been refused; or
(ii)in the case of a payment plan that has been offered, the payment plan is cancelled under section 48(2) of that Act; or
(iii)in the case of a payment plan that has commenced—
(A)the payment plan is cancelled under section 49(2)(b) of that Act; or
(B)the infringement penalty in respect of that infringement notice is removed from the payment plan under section 49(2)(a) of that Act; or
(C)the person receives written notice under section 52(2) of that Act advising the person that he or she is in default.".
57Proof that vehicle driven on EastLink
(1)In the heading to section 220 of the EastLink Project Act 2004 after "EastLink" insert "in a toll zone".
(2)In section 220 of the EastLink Project Act 2004 after "EastLink" insert "in a toll zone".
58Evidence of certificate or document from VicRoads
(1)In section 221(2) of the EastLink Project Act 2004 for "owner" substitute "operator".
(2)In section 221(4) of the EastLink Project Act 2004—
(a)for "Act of the Commonwealth or of another State or Territory of the Commonwealth corresponding to the Road Safety Act 1986" substitute "corresponding law";
(b)in paragraphs (a) and (b), for "Act" (wherever occurring) substitute "law".
59New section 221A inserted
After section 221 of the EastLink Project Act 2004 insert—
"221A General evidentiary provision
A certificate in the prescribed form purporting to be issued by the enforcement agency certifying as to any matter related to a toll which appears in or can be calculated from the records kept by the enforcement agency is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of that matter.".
60Evidence of certificate issued by Freeway Corporation
In section 222 of the EastLink Project Act 2004, before paragraph (a) insert—
"(aa)that a specified vehicle was, or was not, registered under this Part in respect of a specified toll zone at a specified time; or
(ab)that the Freeway Corporation was, or was not, a party to an agreement relating to the use of a specified vehicle in a toll zone at a specified time; or".
61Regulations
After section 258(1)(f) of the EastLink Project Act 2004 insert—
"(fa)the exemption by the Freeway Corporation of vehicles from the requirement to be registered under Part 9;".
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Part 5—Amendment of Melbourne City Link Act 1995
62Definitions
In section 69 of the Melbourne City Link Act 1995—
(a)insert the following definitions—
"authorised person means a person authorised in writing by the relevant corporation under section 69B;
corresponding body has the same meaning as in section 84BB of the Road Safety Act 1986;
corresponding law has the same meaning as in section 84BB of the Road Safety Act 1986;
effective, in relation to an illegal user statement, a known user statement or a sold vehicle statement, means a statement that is, or is accepted by an authorised person under section 72 as, and has not ceased to be, an effective statement for the purposes of this Part;
illegal user statement, in relation to the use of a vehicle, means a statement in writing made by a responsible person to the effect that the person believes that at the relevant time the vehicle was a stolen vehicle or that the number plates displayed on the vehicle were stolen;
known user statement, in relation to the use of a vehicle, means a statement in writing made by a responsible person—
(a)to the effect that the person was not driving at the relevant time, or had not at that time possession or control of, the vehicle; and
(b)containing sufficient information to identify and locate the person who the responsible person last knew to have, before the relevant time, possession or control of the vehicle;
nomination rejection statement means a statement in writing made by a person nominated in a known user statement or a sold vehicle statement as being the responsible person in relation to a vehicle to the effect that—
(a)if nominated in a known user statement, the person had not had possession or control of the vehicle at the relevant time, as stated in the known user statement; and
(b)if nominated in a sold vehicle statement, the vehicle had not been sold or disposed of to the person, and that no interest in it had otherwise vested in the person, as stated in the sold vehicle statement;
operator, in relation to a vehicle at the time the vehicle is driven in a toll zone, means each of the following—
(a)the registered operator of the vehicle at that time or the person recorded at that time on a register of vehicles maintained under a corresponding law as the person responsible for the vehicle;
(b)if the Roads Corporation under the regulations under the Road Safety Act 1986, or a corresponding body under a corresponding law, has received notice of transfer of registration of the vehicle, the person whose name is disclosed in the records kept by the Roads Corporation or the corresponding body (as the case requires) as being responsible for the vehicle at that time;
(c)if the vehicle is not registered under the Road Safety Act 1986 or a corresponding law, the person whose name is disclosed in the records kept by the Roads Corporation or the corresponding body as being responsible for the vehicle at that time;
(d)if the vehicle displays a number plate—
(i)the person who, at the time at which the registration number borne by that number plate was last assigned by the Roads Corporation or a corresponding body, was the registered operator of, or (if assigned by a corresponding body) the person recorded on a register of vehicles maintained under the corresponding law as the person responsible for, the vehicle to which that registration number was assigned, whether or not that vehicle is the same as the vehicle involved in the offence; or
(ii)the person whose name is disclosed in the records kept by the Roads Corporation or a corresponding body as being entitled, or last entitled, at that time to use or possess that number plate;
(e)if the vehicle displays a general identification mark by means of a special identification plate issued by the Roads Corporation under the regulations under the Road Safety Act 1986 or by a corresponding body under a corresponding law, the person to whom the mark is assigned at that time;
registered operator has the same meaning as in section 3(1) of the Road Safety Act 1986;
responsible person means—
(a)the operator; or
(b)the person nominated in an effective known user statement or an effective sold vehicle statement;
sold vehicle statement, in relation to the use of a vehicle, means a statement in writing made by a responsible person—
(a)to the effect that—
(i)the person had sold or otherwise disposed of the vehicle before the relevant time or that any interest in the vehicle had otherwise ceased to be vested in the person before that time; and
(ii)the person was not at that time driving, or had not at that time possession or control of, the vehicle; and
(b)containing sufficient information to identify and locate the person to whom the vehicle was sold or disposed of, or in whom an interest in the vehicle was otherwise vested, and the date and, if relevant, the time of sale, disposal or vesting;
tolling nomination statement means a tolling nomination statement made by an authorised person under Part 6AA of the Road Safety Act 1986;";
(b)the definition of owner is repealed.
63New section 69B inserted
After section 69A of the Melbourne City Link Act 1995 insert—
"69B Authorisation of authorised persons
The relevant corporation may, in writing, authorise a person to carry out functions under this Part.".
64Liability to pay toll and toll administration fees
(1)In section 72(2) of the Melbourne City Link Act 1995 for "owner" substitute "operator".
(2)For sections 72(3) and 72(4) of the Melbourne City Link Act 1995 substitute—
"(3)The operator of a vehicle is not liable under subsection (2) to pay a toll and the relevant toll administration fee for the use of the vehicle in a toll zone if, within 28 days after being notified of the non-payment of the toll and toll administration fee, the operator gives to an authorised person—
(a)an illegal user statement; or
(b)a known user statement; or
(c)a sold vehicle statement—
and the authorised person accepts the statement as an effective statement for the purposes of this Part.
(3A)Information contained in a known user statement or a sold vehicle statement identifying a person is sufficient for the purposes of this Part if it contains—
(a)in the case of an individual, the individual's full name and current home address and either the individual's date of birth or the number of the licence or permit authorising the individual to drive and, if that licence or permit is issued by a corresponding body, the name of that body; and
(b)in the case of a person other than an individual, its full name and current address and (where applicable) its Australian Business Number or Australian Company Number; and
(c)reasons for nominating the individual under paragraph (a) or the person under paragraph (b); and
(d)in any case, any other prescribed information.
(3B)A statement containing all the information required by subsection (3A) may be accepted by an authorised person as an effective statement for the purposes of this Part.
(3C)In addition, an authorised person may decide to accept a known user statement or a sold vehicle statement as an effective statement for the purposes of this Part even if it does not contain all the information required by subsection (3A) if the authorised person is satisfied that it contains sufficient information to identify and locate the nominated person.
(3D)An authorised person may decide to accept an illegal user statement as an effective statement for the purposes of this Part if satisfied as to the matters, and any reasons set out in support of those matters, stated in the statement.
(4)In any proceedings for the recovery of a toll or relevant toll administration fee, an effective statement that is a known user statement or a sold vehicle statement is evidence that the person named in the statement was driving the vehicle at all the relevant times relating to the matter named in the statement, if the proceedings are—
(a)against the person named in the statement; and
(b)in respect of the matter named in the statement.".
65New sections 72AA and 72AB inserted
After section 72 of the Melbourne City Link Act 1995 insert—
"72AA Cancellation of acceptance of statement
(1)An authorised person may cancel the acceptance of a known user statement or sold vehicle statement as an effective statement for the purposes of this Part if—
(a)the person nominated in the statement as being the responsible person gives to an authorised person within the prescribed period a nomination rejection statement; and
(b)the authorised person is satisfied, having regard to the matters stated in the nomination rejection statement, that the nomination was incorrect.
(2)If the acceptance of a statement as an effective statement is cancelled under subsection (1), on that cancellation—
(a)the statement ceases to be an effective statement for the purposes of this Part and cannot be used by an authorised person to make a tolling nomination statement; and
(b)the operator who would, but for the statement, have continued to be the responsible person in relation to the vehicle becomes again the responsible person.
72ABOffence to provide false or misleading information
A person must not in a statement given to the authorised person under section 72(3) or 72AA(1) provide information that the person knows to be false or misleading.
Penalty:60 penalty units.".
66Charge of toll
(1)In section 72B(1) of the Melbourne City Link Act 1995—
(a)for "demand" substitute "make a request for";
(b)in paragraph (a), for "owner" substitute "operator";
(c)for paragraph (b) substitute—
"(b)the person nominated in a known user statement or a sold vehicle statement that has been accepted by an authorised person as an effective statement.".
(2)In section 72B(2) of the Melbourne City Link Act 1995 for "demand" substitute "request for payment".
67Offence to drive unregistered vehicle in toll zone
For the penalty at the foot of section 73(1) of the Melbourne City Link Act 1995 substitute—
"Penalty:10 penalty units.".
68Relevant corporation or authorised person may notify enforcement agency of non-payment of toll
(1)In section 77(1) of the Melbourne City Link Act 1995 for ", or a person authorised by the relevant corporation for the purposes of this section," substitute "or an authorised person".
(2)For section 77(1)(b)(ii) of the Melbourne City Link Act 1995 substitute—
"(ii)to serve an infringement notice under section 80 on—
(A)the operator of the vehicle involved in the offence; or
(B)the person nominated by an authorised person in a tolling nomination statement; or".
(3)In section 77(1A) of the Melbourne City Link Act 1995—
(a)for "a person authorised by the relevant corporation for the purposes of this section" substitute "an authorised person".
(b)for "owner" substitute "operator".
69Disputes in relation to payment of tolls
(1)In section 78(1) of the Melbourne City Link Act 1995, for "a person authorised by a relevant corporation for the purposes of section 77" substitute "an authorised person".
(2)In section 78(1A) of the Melbourne City Link Act 1995—
(a)for "a person authorised by a relevant corporation for the purposes of section 77" substitute "an authorised person";
(b)for "owner" substitute "operator".
70Power to serve a notice
For section 80(2A)(b) of the Melbourne City Link Act 1995 substitute—
"(b)the person nominated in a tolling nomination statement that has been made by an authorised person and accepted by an enforcement official as an effective statement under Part 6AA of the Road Safety Act 1986.".
71Prescribed penalty
(1)In section 82(1) of the Melbourne City Link Act 1995—
(a)after "The" insert "prescribed";
(b)for "$100" substitute "1 penalty unit".
(2)In section 82(2) of the Melbourne City Link Act 1995 for "$2000" substitute "20 penalty units".
72General evidentiary provisions
(1)In section 89(2) of the Melbourne City Link Act 1995 for "owner" substitute "operator".
(2)In section 89(3) of the Melbourne City Link Act 1995—
(a)for "an Act of the Commonwealth or another State or a Territory corresponding to the Road Safety Act 1986" substitute
"a corresponding law";
(b)for "that Act" substitute "that corresponding law";
(c)for "owner" substitute "operator".
(3)In section 89(3B) of the Melbourne City Link Act 1995—
(a)for "Act of the Commonwealth or of another State or Territory of the Commonwealth corresponding to the Road Safety Act 1986" substitute "corresponding law";
(b)in paragraphs (a) and (b), for "Act" (wherever occurring) substitute "law".
73Transitional provisions
After section 124 of the Melbourne City Link Act 1995 insert—
"125 Transitional provisions—Road Legislation Further Amendment Act 2007
(1)The amendments to a section of this Act made by Part 5 of the Road Legislation Further Amendment Act 2007 only apply to offences alleged to have been committed on or after the commencement of that Part.
(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of a provision in Part 5 of the Road Legislation Further Amendment Act 2007, the offence is alleged to have been committed before the commencement of that provision.
(3)Part 4 of this Act, as in force immediately before the commencement of Part 5 of the Road Legislation Further Amendment Act 2007, continues to apply to offences committed before that commencement.".
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Part 6—Amendment of Road Management Act 2004
74Definitions
In section 3(1) of the Road Management Act 2004, after "traffic light," in the example at the foot of the definition of road-related infrastructure, insert "street light,".
75Powers of a road authority
In section 35(3) of the Road Management Act 2004, for "7" substitute "7A".
76General functions
In section 34(1) of the Road Management Act 2004—
(a)after paragraph (c), insert—
"(ca)to design, construct, inspect, repair and maintain roads and road infrastructure;";
(b)in paragraph (e), for "and (c)" substitute
", (c) and (ca)".
77Street lighting arrangements
After section 46 of the Road Management Act 2004, insert—
"46A Specific duties and powers in relation to street lighting
Schedule 7A has effect.
Note
However, see section 35, which provides that Schedules 1 to 7A do not affect the functions and powers conferred upon a road authority by this Act or any other Act. Also see section 15, which provides that a road authority may enter into an arrangement to transfer a road management function, and section 121, which provides that a road authority may enter into an agreement to conduct additional works.".
78Defence to prove that reasonable care was taken
(1)In section 105(1) of the Road Management Act 2004, for "a failure to maintain" substitute
"the performance or non-performance of a road management function in respect of".(2)In section 105(2) of the Road Management Act 2004, for "a failure to maintain" substitute "the performance or non-performance of a road management function in respect of".
79New Schedule 7A inserted
After Schedule 7 to the Road Management Act 2004, insert—
"SCHEDULE 7A
Street Lighting
1Definitions
In this Schedule—
operating costs, in respect of street lighting, means all costs related to the operation and maintenance of the street lighting, including, but not limited to—
(a)the costs of electricity supply; and
(b)maintenance and repair costs; and
(c)replacement costs for obsolete lighting;
but not including installation costs;
relevant municipal council, in relation to a road, means the municipal council for the municipal district in which the road is located;
2Power to install street lighting
A responsible road authority may, at its discretion, cause to be installed street lighting on roads or parts of roads for which it is the coordinating road authority or the responsible road authority to the extent and in a manner which it considers appropriate having regard to its road management functions.
3Responsibility for installation and operating costs of street lighting
(1)The installation costs and the operating costs of street lighting are to be paid—
(a)in the case of the Link Road—by the Link corporation; and
(b)in the case of the Extension road—by the Extension corporation; and
(c)in the case of EastLink—by the EastLink corporation; and
(d)in the case of street lights for a road that is not an arterial road, other than a road or part of a road referred to in paragraph (a), (b) or (c)—by the responsible road authority for that road; and
(e)in the case of street lights for a service road on an arterial road, other than a road or part of a road referred to in paragraph (a), (b) or (c), and any adjacent area for which a municipal council is the responsible road authority—by the council; and
(f)in the case of street lights for an arterial road or part of an arterial road not otherwise referred to in paragraph (a), (b), (c), (d) or (e)—in accordance with subclause (2).
(2)For the purposes of subclause (1)(f)—
(a)the installation costs are to be paid by the road authority that caused the street lighting to be installed for the road; and
(b)the operating costs are to be paid by VicRoads and the relevant municipal council in the following proportions—
(i)60% by VicRoads;
(ii)40% by the council.
4Transitional provisions—cost allocation tables for arterial roads
(1)In this clause Street Lighting Committee means the Street Lighting Committee referred to in Schedule 5 of the Transport Act 1983 before the repeal of that Schedule by the Road Legislation Further Amendment Act 2007.
(2)Despite clause 3, for a period set out in Column 1 of Table 1, 2 or 3, the allocation of operating costs for street lighting on arterial roads, or parts of arterial roads, referred to in clause 3(1)(f) is in accordance with this clause.
(3)For street lighting on arterial roads that has been installed—
(a)after receiving approval from the Street Lighting Committee, the operating costs for the street lighting for a period set out in Column 1 of Table 1 is to be paid by VicRoads and the relevant municipal council in the proportions set out opposite in Columns 2 and 3 of that Table; and
(b)at the initiation of VicRoads but which was not approved by the Street Lighting Committee, the operating costs for the street lighting for a period set out in Column 1 of Table 2 must be paid by VicRoads and the relevant municipal council in the proportions set out opposite in Columns 2 and 3 of that Table; and
(c)at the initiation of a municipal council but which was not approved by the Street Lighting Committee, the operating costs for the street lighting for a period set out in Column 1 of Table 3 must be paid by VicRoads and the relevant municipal council in the proportions set out in Columns 2 and 3 of that Table.
(4)For the purposes of this clause, in the absence of reliable records as to whether particular street lighting was approved by the Street Lighting Committee—
(a)the Street Lighting Committee will be deemed to have approved street lighting if, as at 31 December 2007, the operating costs of the street lighting are in practice being paid by VicRoads and the relevant municipal council in the following proportions—
(i)VicRoads, two-thirds; and
(ii)the relevant municipal council, one-third;
(b)the Street Lighting Committee will be deemed not to have approved street lighting if, as at 31 December 2007, the operating costs of the street lighting are in practice not being shared between VicRoads and the relevant municipal council.
(5)This clause and Tables 1, 2 and 3 expire on 1 July 2013.
Table 1
Allocation of operating costs for street lighting on arterial roads that was previously approved by the Street Lighting Committee
Column 1 Column 2 Column 3 Date Proportion of operating costs to be paid by VicRoads Proportion of operating costs to be paid by municipal council 1 January 2008–30 June 2010 2/3 1/3 Table 2
Allocation of operating costs for street lighting on arterial roads that was not previously approved by the Street Lighting Committee and was initiated by VicRoads
Column 1 Column 2 Column 3 Date Proportion of operating costs to be paid by VicRoads Proportion of operating costs to be paid by municipal council 1 January 2008–30 June 2010 100% nil
Table 3
Allocation of operating costs for street lighting on arterial roads that was not previously approved by the Street Lighting Committee and was initiated by a municipal council
Column 1 Column 2 Column 3 Date Proportion of operating costs to be paid by VicRoads Proportion of operating costs to be paid by municipal council 1 January 2008–30 June 2008 nil 100% 1 July 2008–
30 June 200910% 90% 1 July 2009–
30 June 201020% 80% 1 July 2010–
30 June 201130% 70% 1 July 2011–
30 June 201240% 60% 1 July 2012–
30 June 201350% 50% Note
After the last date set out in Column 1 of Tables 1, 2 and 3, the allocation of operating costs for street lighting on arterial roads will be in accordance with clause 3.".
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Part 7—Amendment of Transport Act 1983
80Delegation
For section 32(2) of the Transport Act 1983 substitute—
"(2)The Corporation may delegate any power or duty of the Corporation under this Act or any other Act or the regulations, other than this power of delegation, to—
(a)an officer of the Corporation either by name or by reference to the officer's office only (and where the reference is to the office only the holder for the time being of the office shall be the delegate);
(b)an employee in the Department of Infrastructure either by name or by reference to the employee's position only.".
81Repeal of section 55
Section 55 of the Transport Act 1983 is repealed.
82Substitution of Roads Corporation as the licensing authority for tow trucks
In sections 172, 172C(3)(b), 172D, 172E, 172F, 172G, 172H, 172I(1), 172J, 172O, 172P, 173(1), 173A(1), 174, 174A(1), 174AB(1), 174B, 175, 175A, 175B, 175C, 175D, 176D, 176F, 180(1), 181, 181A, 182, 182B, 182C, 182D, 182F, 182G(1), 183A, 183B(4)(c) and 184A(4) of the Transport Act 1983, for "licensing authority" (wherever occurring) substitute "Corporation".
83Allocation schemes
Insert the following heading to section 183A of the Transport Act 1983—
"The Corporation may establish allocation schemes".
84Roads Corporation to replace Secretary
In sections 181B and 181C of the Transport Act 1983, for "Secretary" (wherever occurring) substitute "Corporation".
85Repeal of Schedule 5
Schedule 5 to the Transport Act 1983 is repealed.
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Part 8—Repeal of Amending Act
86Repeal of Act
This Act is repealed on 1 October 2009.
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Endnotes
Minister's second reading speech—
Legislative Assembly: 1 November 2007
Legislative Council: 22 November 2007
The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986, the Chattel Securities Act 1987, the EastLink Project Act 2004, the Melbourne City Link Act 1995, the Road Management Act 2004 and the Transport Act 1983 and for other purposes."
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