Eastlink Project Regulations 2016

EastLink Project Regulations2016

S.R. No. 150/2016

table of provisions

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 2

3 Revocations 2

4 Definitions 3

Part 2—Exemptions 7

5 Vehicles exempt from payment of tolls 7

6 Vehicles exempt from registration 9

Part 3—Notices for toll zones 10

7 Placement of notices 10

8 Information to be provided by notices 10

Part 4—Cancellation of acceptance of statement 11

9 Prescribed period for nomination rejection statement 11

Part 5—Prescribed tolling system, tolling devices and processes 12

10 Prescribed tolling system 12

11 Prescribed tolling devices 12

12 Prescribed manner of use of digital toll camera unit 12

13 Prescribed manner of testing of digital toll camera unit 13

14 Prescribed process for production of printed image 14

Part 6—Certificates 16

15 Certificates as to registered operator of vehicle 16

16 Certificates issued by enforcement agency 17

17 Certificates issued by Freeway Corporation 17

Part 7—Miscellaneous 19

18 Prescribed administrative costs 19

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Endnotes 20

Part 7—Miscellaneous

EastLink Project Regulations2016

S.R. No. 150/2016

statutory rules 2016

S.R. No. 150/2016

Part 7—Miscellaneous

EastLink Project Regulations2016

S.R. No. 150/2016

EastLink Project Act 2004

Part 7—Miscellaneous

EastLink Project Regulations2016

S.R. No. 150/2016

EastLink Project Regulations2016

Part 7—Miscellaneous

EastLink Project Regulations2016

S.R. No. 150/2016

The Governor in Council makes the following Regulations:

Dated: 13 December 2016

Responsible Minister:

LUKE DONNELLAN

Minister for Roads and Road Safety

aNDREW ROBINSON

Clerk of the Executive Council

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are—

(a) to prescribe the period in which a nomination rejection statement can be given; and

(b) to prescribe the form of evidentiary certificates; and

(d) to prescribe the process for the production of images or messages; and

(e) to prescribe the manner in which the tolling devices are to be tested, installed, used and maintained; and

(f) to prescribe the manner in which information from the tolling devices is to be handled for the purpose of tolling; and

(g) to exempt from the payment of tolls vehiclesor classes of vehicle that under the Agreement may be exempted from the payment of tolls; and

(h) to provide for the exemption of vehicles from the requirement to be registered under Part 9 of the EastLink Project Act 2004; and

(i) to require the Freeway Corporation to cause notices to be placed before each entrance to EastLink; and

(j) to prescribe administrative costs to be paid under a court order made under section 206B of the EastLink Project Act 2004; and

(k) to prescribe other matters required to be prescribed for the purposes of the EastLink Project Act 2004.

2 Authorising provision

These Regulations are made under section 258 of the EastLink Project Act 2004.

3 Revocations

The following Regulations are revoked—

(a) the EastLink Project Regulations 2008[1];

(b) the EastLink Project Amendment (PrescribedAdministrative Costs) Regulations 2013[2];

(d) the EastLink Project Amendment Regulations 2016[4].

4 Definitions

In these Regulations—

Airservices Australia means the body established under section 7 of the Air Services Act 1995 of the Commonwealth;

checksum means a number produced by the application of an algorithm to the contents ofa digital file (other than a checksum contained in the file);

computer means any electronic device for storing or processing information;

control unit means a computer that temporarily stores images taken by a digital toll camera unit;

digital file means a file in a digital format that is created by a digital toll camera unit, or an electronic copy of such a file, that contains the following—

(a) a digital image;

(b) data indicating the toll zone in which the vehicle to which the image relates was driven;

(d) the checksum for that file;

digital image means—

(a) an image of a vehicle or partof a vehicle that has been taken and processed into a digital format by adigital toll camera unit; or

(b) an electronic copy of an image referred to in paragraph (a);

digital toll camera unit means any of the following devices—

(a) the device known as the Vehicle Registration Sensor: Kapsch PartNumber 8633 001-415;

(b) the device known as the Vehicle Registration Sensor Controller: KapschPart Number 8633 001-093;

(d) the device known as the Vehicle Registration Sensor: Kapsch PartNumber 340 333-400-00;

(e) the device known as the Vehicle Registration Sensor: Kapsch PartNumber VRX-2400-LPI;

(f) the device known as the Vehicle Registration Sensor Controller: KapschPart Number 8633 005-028;

printed image means a printed image produced in accordance with the process in regulation 14;

registration number includes licence plate number;

responsible road authority has the same meaning as it has in section 3(1) of the Road Management Act 2004;

tag means any of the following devices—

(a) the vehicle transponder known as theKapsch TS3203/80;

(b) the vehicle transponder known as theKapsch TS3203/80A;

testing officer means—

(a) the head, or a person authorised by thehead, of a faculty or department providing education or training in electrical engineering, communications engineering or electronics engineering at a university or TAFE institute within the meaning of the Education and Training Reform Act 2006; or

(b) a person, or a member of a class of persons, approved by the Secretary tothe Department of Economic Development, Jobs, Transport and Resources as being appropriately qualified to conduct tests for the purposes of these Regulations; or

(c) a testing officer of a testing facility accredited by the National Association ofTesting Authorities, Australia ACN004 379 748 (NATA); or

(d) a person who—

(i) holds a Bachelor or higher degreein the field of electrical engineering, communications engineering or electronics engineering from a university within the meaning of the Education and Training Reform Act 2006; and

(ii) is a member of the Institution of Engineers Australia; and

(iii) is approved by the President of theVictorian Division of that Institution as being appropriately qualified to conduct tests for the purposes of these Regulations;

the Act means the EastLink Project Act 2004;

toll message file means a digital file created by a control unit which contains data indicating—

(a) the toll zone in which the vehicle that the image relates to was driven; and

(b) the date on and the time at which that vehicle was driven in the toll zone; and

Part 2—Exemptions

5 Vehicles exempt from payment of tolls

For the purposes of section 198(2) of the Act, thefollowing vehicles and classes of vehicle are exempt from the payment of a toll and toll administration fees—

(a) an ambulance under the control of—

(i) an ambulance service within the meaning of the Ambulance Services Act 1986; or

(ii) an ambulance service created under a law in force in another State or in a Territory of the Commonwealth that the Minister, by notice in the Government Gazette, declares to be an ambulance service to which this paragraph applies; or

(iii) the Australian Defence Force;

(b) a fire service unit under the control of—

(i) the Metropolitan Fire and Emergency Services Board; or

(ii) the Department of Environment, Land, Water and Planning; or

(iii) the Country Fire Authority; or

(iv) the Australian Defence Force;

(d) a vehicle under the control of, or being driven by, a member acting in the course of duty, of one of the following police forces or police services—

(i) the Australian Federal Police;

(ii) the Military, Naval or Air Force Police of the Australian Defence Force;

(iii) the police service of another State or a Territory;

(e) a vehicle under the control of the Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005;

(f) a vehicle under the control of the Emergency Management Commissioner (within the meaning of the Emergency Management Act2013);

(g) a vehicle under the control of the Australian Defence Force that is being used to convey any of its members or property while on march or duty;

(h) a vehicle being used to convey a member ofthe Australian Army engaged in connection with emergency ordnance disposal procedures;

(i) a vehicle under the control of Airservices Australia;

(j) without limiting paragraphs (a) to (i), a vehicle that is an emergency vehicle withinthe meaning of the Road Safety RoadRules 2009[5] and is being operated orused in the performance of emergency services.

Note

See the definition of emergency vehicle in the dictionary to the Road Safety Road Rules 2009.

6 Vehicles exempt from registration

(1) For the purposes of section 204(9) of the Act, the body that may exempt a vehicle or class of vehicle from the requirement to be registered under Part 9 of the Act is the Freeway Corporation.

(2) An exemption referred to in subregulation (1) may be made—

(a) the same for all cases, or different for different cases or classes of case, or differentfor the same case or class of casefor different purposes; or

(b) either unconditionally or subject to any specified conditions and either wholly or tosuch an extent as is specified; or

Part 3—Notices for toll zones

7 Placement of notices

(1) The Freeway Corporation, with the consent of the responsible road authority, must cause a notice providing the information specified in regulation8 to be placed on every road that connects to EastLink, before each entrance to EastLink and ata place that is adjacent to the carriageway so asto face a driver who is approaching EastLink.

(2) A notice placed on a road that connects to EastLink under subregulation (1) must be placed at a reasonable distance before each entrance to EastLink so that a driver can safely avoid entering EastLink.

(3) Nothing in this regulation prevents the Freeway Corporation, with the consent of the responsible road authority, from causing notices other than notices referred to in this regulation to be placed on any road in the vicinity of EastLink.

8 Information to be provided by notices

(1) A notice referred to in regulation 7 must indicate that the driver is approaching EastLink and that tolls will apply if a vehicle is driven on EastLink.

(2) A notice may include—

(a) information as to how a user of EastLink may register a vehicle that is driven in a toll zone; and

(b) any information that the Freeway Corporation, with the consent of the Authority, considers necessary to assist usersof EastLink.

Part 4—Cancellation of acceptance of statement

9 Prescribed period for nomination rejection statement

For the purposes of section 199A(1) of the Act, the prescribed period for a person nominated in a statement as being the responsible person to give anomination rejection statement to an authorised person is 14 days from the date on which an invoice is issued to the person nominated in the statement.

Part 5—Prescribed tolling system, tolling devices and processes

10 Prescribed tolling system

For the purposes of Part 9 of the Act, the prescribed tolling system is the tolling system installed, used and maintained in accordance withthe Agreement.

11 Prescribed tolling devices

(1) For the purposes of Part 9 of the Act, a digital toll camera unit is a prescribed tolling device.

(2) For the purposes of section 206 of the Act, a tag is a prescribed tolling device.

12 Prescribed manner of use of digital toll camera unit

For the purposes of Part 9 of the Act, a digital toll camera unit is used in the prescribed manner if—

(a) it is positioned so that the digital toll cameraunit takes images of the registration numbers of vehicles driven in the toll zone and transmits the images taken to a control unit; and

(b) it has been tested in the manner set out in regulation 13; and

(i) in the case of a digital toll camera unit that has been repaired or modified, afterthe repairs or modifications are made and before the occasion of the digital toll camera unit's first use after the repairs or modifications; and

(ii) in any case, within a period of 24months before the occasion of itsuse.

13 Prescribed manner of testing of digital toll camera unit

(1) A digital toll camera unit is tested in the prescribed manner if the testing officer who teststhe unit—

(a) is satisfied that—

(i) if positioned in the manner prescribed in regulation 12(a), the digital toll camera unit takes images of the registration numbers of vehicles drivenin the toll zone and transmits the images taken to a control unit; and

(ii) any maintenance or repairs carried out on the digital toll camera unit have been carried out in a satisfactory manner; and

(b) makes a full and accurate record of each digital toll camera unit tested, including—

(i) the serial number of the unit tested; and

(ii) the date on and the time at which the test was carried out; and

(iii) a statement that the unit satisfied eachof the testing requirements in paragraph(a); and

(c) signs the record referred to in paragraph (b) and sets out in the record the testing officer's name and qualifications.

(2) The testing officer must, within 21 days after testing a digital toll camera unit—

(a) give the record referred to in subregulation(1)(b) to the Freeway Corporation; and

(b) give a copy of that record to the enforcementagency.

(3) The Freeway Corporation must retain a record given to it under subregulation (2)(a) for at least one year after the date on which the test was carried out.

14 Prescribed process for production of printed image

(1) For the purposes of Part 9 of the Act, an image or message is produced by a prescribed process if—

(a) a printed image is produced from a digital file created by a digital toll camera unit by the processes set out in subregulation (2); and