Transport Legislation (Amendment) Act 2004

Transport Legislation (Amendment) Act 2004

Act No. 110/2004

table of provisions

Section Page

Part 1—Preliminary Matters 1

1. Purpose 1

2. Commencement 4

Part 2—Amendments to the Chattel Securities Act1987 5

3. Reporting of discharge etc. of registered security interest 5

Part 3—Amendments to the Melbourne City Link Act 1995 6

4. Publication of agreements 6

5. Evidence of agreements 6

6. Agreement as evidence 6

7. Amendment consequent to the Road Management Act 2004 6

8. Fixing of tolls 6

9. Liability to pay toll and toll administration fees 8

10. Insertion of sections 72A and 72B 9

72A. Exemptions from toll administration fee 9

72B. Charge of toll 9

11. Further changes concerning tolls 10

12. Offences detected by prescribed tolling devices 12

13. New section 87A inserted 12

87A. Extension of time if no actual notice for offence to driveunregistered vehicle in toll zone 12

14. Disclosure and use of information to and by the police 14

15. VicRoads may disclose certain information to a relevant corporation 14

16. New section 122 inserted 15

122. Transitional provision—Transport Legislation (Amendment) Act 2004 15

Part 4—Amendment of Police Regulation Act1958 16

17. New Part VIB inserted 16

Part VIB—Disclosure of VEHICLE Accident Information 16

118L. Definitions 16

118M. Declaration of non-Victorian statutory insurance schemelaws and persons as statutory scheme insurers 21

118N. Certain persons may request vehicle accident information from police 21

118O. Form and content of application for vehicle accident information 22

118P. Disclosure of vehicle accident information 23

118Q. Disclosure or use of vehicle accident information for apurpose other than an authorised purpose prohibited 24

18. Vehicle accident information may be disclosed to certain personsby police 24

Part 5—Amendment to the Rail Corporations Act1996 25

19. What determinations may deal with 25

Part 6—Amendments to the Road Management Act2004 26

20. Widening of regulation-making powers 26

21. Additional power for VicRoads 26

Part 7—Amendments to the Road Safety Act 1986 28

22. Definitions 28

23. Different provision may be made on the basis of age in grantinglicences 39

24. Cancellation, suspension or variation of licences and permits byCorporation 40

25. Demerits Register 40

26. Demerits Register 41

27. Section 26 substituted and new section 26AA inserted 41

26. Appeal to Magistrates' Court 41

26AA. Appeal to Magistrates' Court—demerit points 43

28. Power of court to cancel, suspend or vary licences and permits 44

29. Appeal to County Court 45

30. Insertion of section 30A 45

30A. Court may extend suspension or disqualification period even if offence not committed 45

31. Alcohol interlocks 46

32. Offences detected by a photographic detection service 48

33. New section 67 inserted 48

67. Extension of time if no actual notice for certain traffic infringements 48

34. Insertion of sections 77A and 77B 51

77A. Extension of time limit for certain prosecutions 51

77B. Special defence for drivers of heavy vehicles 51

35. Parking infringements 52

36. Extension of time to object if no actual notice 52

37. Insertion of sections 93A and 93B 52

93A. Guidelines for industry codes of practice 52

93B. Registration of industry codes of practice 53

38. New section 103H inserted 54

103H. Transitional provision—sections 27 and 33 of the Transport Legislation (Amendment) Act 2004 54

39. Insertion of section 103I 54

103I. Application of amendments made by section 41 of theTransport Legislation (Amendment) Act2004 54

40. Repeal of transferred definitions 55

41. Insertion of Parts 10 and 11 55

PART 10—PROVISIONS CONCERNING BREACHES ofMASS, DIMENSION AND LOAD RESTRAINT limitSand requirements 55

Division 1—Preliminary Matters 55

150. Reference to vehicle includes loads and attached
vehicles 55

151. Statement that mistake of fact defence does not apply notto affect other offences 56

Division 2—Categorisation of Breaches 56

152. Purpose of this Division 56

153. Mass limits 56

154. Width limit 58

155. Length limit 58

156. Height limit 59

157. Load restraint requirement 59

158. Upgrading of categorisation in certain circumstances 60

Division 3—Enforcement Powers Concerning Mass, Dimension or Load Restraint Breaches 61

159. Application of this Division 61

160. Meaning of "rectify a breach" 62

161. Reference to single offence includes multiple offences 62

162. Rectification of minor risk breaches 62

163. Rectification of substantial or severe risk breaches 64

164. Further provision concerning rectification places 65

165. General provisions concerning directions and authorisations 66

166. Conditions 66

167. Operation of directions in relation to a group of
vehicles 66

168. Person must comply with a direction and conditions 67

169. Application of Division in relation to other directions 67

170. Amendment or revocation of directions or conditions 68

Division 4—Responsibility for Breaches of Mass, Dimensionand Load Restraint Limits and Requirements 68

171. Liability of consignor 68

172. Liability of packer 70

173. Liability of loader 71

174. Liability of operator 72

175. Liability of driver 73

176. Liability of consignee 73

177. Multiple offenders 75

178. Penalties applying to offences under this Division andexclusion of double jeopardy 76

Division 5—Provisions Concerning Defences 77

179. Reasonable steps defence 77

180. Reasonable steps defence—reliance on container weightdeclaration 80

181. Exclusion of mistake of fact defence 81

Division 6—Container Weight Declarations 82

182. Consignor for the purposes of this Division 82

183. Container weight declarations 82

184. Duty of consignor 83

185. Duty of operator 84

186. Duty of driver 85

187. Liability of consignee—knowledge of matters relating tocontainer weight declaration 86

Division 7—Sentencing Considerations for Mass, Dimensionor Load Restraint Breaches 87

188. Matters to be taken into consideration by courts 87

Division 8—Other Matters 89

189. Offence to provide false or misleading transport or journey documentation 89

190. Other powers not affected 90

191. Contracting out prohibited 90

Part 11—ADDITIONAL Provisions ConcerningBreaches of Mass, Dimension andLoad Restraint limits and requirementsby Heavy Vehicles 91

Division 1—Preliminary Matters 91

192. This Part only applies to relevant heavy vehicle
offences 91

193. Definitions 91

194. Meaning of "associate" 92

195. Meaning of "operator" 93

Division 2—Additional Offences 93

196. Victimisation of employee or contractor assisting with,or reporting, offences 93

197. Other false or misleading statements 97

198. False or misleading information provided to a responsible person 98

Division 3—Vicarious Responsibility for Offences 100

199. Vicarious responsibility for officers and employees 100

200. Liability of directors, partners, employers and others 100

201. Liability of registered operators 102

202. Double jeopardy not to occur 104

Division 4—Additional Powers of Courts 104

203. Court may impose period of disqualification from registration 104

204. Commercial benefits penalty orders 105

205. Supervisory intervention orders 107

206. Contravention of supervisory intervention order 110

207. Prohibition orders 110

208. Contravention of prohibition order 112

Division 5—Improvement Notices 112

209. Improvement notices 112

210. Amendment of improvement notices 114

211. Cancellation of improvement notices 115

212. Appeals against notices 115

Division 6—Recognition of Certain Non-Victorian Matters 116

213. Effect of administrative actions of authorities of other jurisdictions 116

214. Effect of court orders of other jurisdictions 118

Division 7—Defences 119

215. Sudden or extraordinary emergency 119

216. Lawful authority 119

217. Special defence for owners or operators 119

218. Other defences 120

Division 8—Evidentiary Matters 120

219. Imputation of state of mind of consignee body corporate,employer etc. 120

220. Evidence regarding manufacturer's ratings 121

221. Transport documentation and journey documentation 122

222. Evidence of facts relevant to prosecutions 123

42. Minor amendments 124

43. Regulations concerning pilot vehicle drivers 124

Part 8—Amendments to the Road Safety (Drug Driving) Act2003 125

44. Statute law revision 125

Part 9—Amendments to the Sentencing Act 1991 126

45. Alcohol interlocks 126

Part 10—Amendments to the Transport Act 1983 127

46. Insertion of sections 115A–115C 127

115A. Accreditation following direction 127

115B. Secretary may give directions concerning arrangementsbetween manager and intending
operator 127

115C. Secretary not liable for certain acts or omissions undersection 115B 129

47. Review by Tribunal 129

48. Circumstances in which interstate commercial passenger vehiclemay operate on highways 130

49. Transfers of licences 131

50. Assignments 132

51. Regulation-making powers—trading in taxi-cab licences 133

52. Other conditions of tow truck licences 135

53. Insertion of Division 10 into Part VI 136

Division 10—Events Affecting Public Transport 136

192. Meaning of "event" and "organiser" 136

193. Events to which this Division applies 136

194. Meaning of "regular public transport service" 137

195. Organiser must give notice of proposed event 137

196. Director may ask that a public transport plan be submitted 138

197. Public transport plans 138

198. Preparation of public transport plans 139

199. By when public transport plans to be submitted 140

200. Director may impose fee 140

201. Alternative arrangements if time limited 141

202. Director may waive or reduce time limits 142

203. Approval of public transport plans 142

204. Consequences of a failure to comply with this
Division 142

54. Police may also weigh vehicles 144

55. Clarification of ticket inspection provision 144

Part 11—Amendments to the Transport (Rights andResponsibilities) Act 2003 145

56. Extension of commencement date of amendment in Transport(Rights and Responsibilities) Act 2003 145

57. Minor amendments 145

Part 12—Amendments to the Port Services
Act 1995 146

58. Definitions 146

59. Reserved land 146

60. Insertion of new sections 65 and 66 146

65. Station Pier land deemed to be reserved land 146

66. Powers of Port of Melbourne Corporation in relation toreserved Crown land 147

61. Insertion of new Part 17 148

Part 17—Station Pier—Savings and Transitional 148

185. Definitions 148

186. Savings and transitional provisions for Station Pier 148

187. Transfer of property etc. from old body to Port of Melbourne Corporation 150

62. Further amendments to the Port Services Act 1995 151

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SCHEDULE 152

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Endnotes 154

Section Page

Victoria

No. 110 of 2004

Section Page

Transport Legislation (Amendment) Act 2004[(]

[Assented to 21 December 2004]

Act No. 110/2004

Transport Legislation (Amendment) Act 2004

Act No. 110/2004

Transport Legislation (Amendment) Act 2004

The Parliament of Victoria enacts as follows:

Part 3—Amendments to the Melbourne City Link Act 1995

Transport Legislation (Amendment) Act 2004

Act No. 110/2004

Part 1—Preliminary Matters

1. Purpose

The purpose of this Act is to amend—

(a) the Chattel Securities Act 1987 to reduce the period in which the discharge or extinguishment of a registered security interest must be reported; and

(b) the Melbourne City Link Act 1995 to make various changes concerning tolling and tolling enforcement and various minor amendments in relation to agreements; and

s. 1

(d) the Rail Corporations Act 1996 to restrict what a determination concerning access to a rail transport service may contain; and

(e) the Road Management Act 2004 to enable VicRoads to sell the land from discontinued roads; and

(f) the Road Safety Act 1986—

(i) to authorise shorter driver licence periods for people who are 75 years of age or older; and

(ii) to require that an alcohol interlock condition be imposed for a longer period in certain cases; and

(iii) to make special provision in relation to breaches of mass, dimension and load restraint limits and requirements, in particular where those breaches involve heavy vehicles; and

(iv) to enable the certification of pilot vehicle drivers; and

(v) to otherwise improve the operation of that Act; and

(g) the Road Safety (Drug Driving) Act 2003 to make some statute law revision amendments; and

(h) the Sentencing Act 1991 to require that an alcohol interlock condition be imposed for a longer period in certain cases; and

s. 1

(i) the Transport Act 1983—

(i) to enable deadlocks in relation to proposed agreements between the operators of rail infrastructure and the proposed operators of rolling stock to be resolved; and

(ii) to enable interstate commercial passenger vehicles to operate in Victoria in certain circumstances; and

(iii) to require the licensing authority to be satisfied of certain matters in relation to certain dealings for or in connection with the transfer of a taxi-cab licence or the assignment of rights to operate a vehicle under a taxi-cab licence before authorising the transfer of the licence or assignment of the right; and

(iv) to clarify the scope of the regulation making powers relating to trading in taxi-cab licences; and

(v) to require the organisers of events that may have an impact on public transport to prepare appropriate plans; and

(vi) to otherwise improve the operation of that Act; and

(j) the Transport (Rights and Responsibilities) Act 2003 in minor respects; and

(k) the Port Services Act 1995 to make further provision for Crown land reserves forming part of the port of Melbourne.

2. Commencement

s. 2

(1) This Act (other than sections 8 to 13, 15, 16, 24, 26, 27, 29, 32, 33, 36, 38, 39, 41, 44 and 53 and Part 12) comes into operation on the day after the day on which it receives the Royal Assent.

(2) Sections 8 to 11 and 15 come into operation on a day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does not come into operation before 1 July 2005, it comes into operation on that day.

(4) Sections 12, 13, 16, 24, 26, 27, 29, 32, 33, 36 and 38 come into operation on 1 February 2005.

(5) Sections 39 and 41 come into operation on a day to be proclaimed.

(6) If a provision referred to in sub-section (5) does not come into operation before 30 September 2005, it comes into operation on that day.

(7) Section 44(1) is deemed to have come into operation on 16 June 2004.

(8) Section 44(2) is deemed to have come into operation on 9 December 2003.

(9) Section 53 comes into operation on a day to be proclaimed.

(10) If section 53 does not come into operation before 1January 2006, it comes into operation on that day.

(11) Part 12 comes into operation on a day to be proclaimed.

(12) If Part 12 does not come into operation before 1December 2005, it comes into operation on that day.

______

See:
Act No.
15/1987.
Reprint No. 2
as at
1 July 1999
and amending
Act Nos
99/2000, 44/2001 and 99/2001.
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