EastLink Project Regulations 2008FILE/08-81sr005.docx · Web viewOCPC-VIC, Word 2007, Template Release 15/02/2016 (PROD) RegulationPage. Part 1—Preliminary. ... (other than a

Version No. 005

EastLink Project Regulations 2008S.R. No. 81/2008

Version incorporating amendments as at26 April 2016

TABLE OF PROVISIONSRegulation Page

Part 1—Preliminary 1

1 Objectives 12 Authorising provision 23 Definitions 2

Part 2—Exemptions 6

4 Vehicles exempt from payment of tolls 65 Vehicles exempt from registration 7

Part 3—Notices for toll zones 9

6 Placement of notices 97 Information to be provided by notices 9

Part 4—Cancellation of acceptance of statements 10

8 Prescribed period for rejecting statements 10

Part 5—Prescribed tolling system, tolling devices and processes 11

9 Prescribed tolling system 1110 Prescribed tolling devices 1111 Use of digital toll camera unit 1112 Testing of digital toll camera unit 1213 Process for production of printed image 13

Part 6—Notices and certificates 15

14 Additional details to be included in infringement notices 1515 Certificates as to registered owner of vehicle 1516 Certificates issued by enforcement agency 1617 Certificates issued by Freeway Corporation 17

Part 7—Miscellaneous 18

18 Prescribed administrative costs 18═══════════════

1

Endnotes 19

1 General information 19

2 Table of Amendments 21

3 Amendments Not in Operation 22

4 Explanatory details 23

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Version No. 005


Version incorporating amendments as at26 April 2016

Part 1—Preliminary1 Objectives

The objectives of these Regulations are—

(a) to prescribe additional details to be included in infringement notices; and

(b) to prescribe tolling devices; and

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

(d) to prescribe the manner in which the tolling devices are to be installed, set up, tested, operated, used, maintained or repaired; and

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

(f) to prescribe methods of recording the payment of tolls and toll administration fees; and

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

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

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Reg. 1(ga) inserted by S.R. No. 104/2013 reg. 3.

(h) 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 Definitions

In these Regulations—

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

computer has the same meaning as in Division 3 of Part III of the Evidence Act 1958;

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, or electronic copy of such a file, that is created by a digital toll camera unit and that contains—

(a) a digital image; and

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

(c) data from which the date on and time at which that vehicle was driven in the toll zone can be calculated; and

(d) the checksum for that file;

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digital image means an image, or electronic copy of an image, of a vehicle or part of a vehicle that has been taken and processed into a digital format by a digital toll camera unit;

digital toll camera means a digital toll camera unit that creates a digital file;

digital toll camera unit means the following devices—

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

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

(c) the device known as the Vehicle Registration Sensor: Kapsch Part Number 8633 004-262B;

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

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

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

printed image means a printed image produced in accordance with the process in regulation 13;

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

tag means a vehicle transponder known as a Kapsch TS 3203/80 or a Kapsch TS 3203/80A;

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Reg. 3 def. of digital toll camera unit amended by S.R. No. 36/2016 reg. 3(1).

testing officer means—

(a) the head, or a person authorised by the head, of a faculty or department providing education or training in electrical engineering, communications engineering or electronics engineering at a university or TAFE institute as defined in section 1.1.3 of the Education and Training Reform Act 2006; or

(b) a person, or a member of a class of persons, approved by the Secretary to the Department of Infrastructure 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 of Testing Authorities, Australia ACN 004 379 748 (NATA); or

(d) a person who—

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

(ii) holds a Bachelor degree or higher degree in the field of electrical engineering, communications engineering or electronics engineering from a university as defined in section 1.1.3 of the Education and Training Reform Act 2006; and

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

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Reg. 3 def. of testing officer amended by S.R. No. 36/2016 reg. 3(2).

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 that the vehicle to which the image relates was driven; and

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

(c) a checksum for each digital image.

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Part 2—Exemptions4 Vehicles exempt from payment of tolls

For the purposes of section 198(2) of the Act, the following vehicles and classes of vehicle are exempt from the payment of tolls—

(a) an ambulance under the control of—

(i) an ambulance service created by section 23 of the Ambulance Services Act 1986 or listed in Schedule 1 to that Act; 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 Natural Resources and Environment; or

(iii) the Country Fire Authority; or

(iv) the Australian Defence Force;

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

(i) Victoria Police; or

Reg. 4(c)(i) amended by S.R. No. 167/2014 reg. 3.

Part 1—Preliminary


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(ii) the Australian Federal Police; or

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

(iv) the police service of another State or Territory;

(d) a vehicle under the control of the State Emergency Service;

(e) 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;

(f) without limiting paragraphs (a) to (e), a vehicle that is an emergency vehicle within the meaning of the Road Safety (Road Rules) Regulations 1999 and is being operated or used in the performance of emergency services.

5 Vehicles exempt from registration

For the purposes of section 204(9) of the Act, the Freeway Corporation may—

(a) exempt a vehicle or class of vehicle from the requirement to be registered under Part 9 of the Act; and

(b) make such exemptions—

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



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

(iii) so as to apply at all times or at particular times or periods of time.



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Part 3—Notices for toll zones6 Placement of notices

(1) The Freeway Corporation, with the consent of the responsible road authority, must cause notices providing the information prescribed by regulation 7 to be placed on every road that connects to EastLink, before each entrance to EastLink and at a place that is adjacent to the carriageway so as to 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.

7 Information to be provided by notices

(1) Notices referred to in regulation 6 must indicate that the driver is approaching EastLink and that tolls will apply if a vehicle is driven on EastLink.

(2) Notices referred to in regulation 6 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 users of EastLink.



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Part 4—Cancellation of acceptance of statements

8 Prescribed period for rejecting statements

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 a nomination 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.



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Part 5—Prescribed tolling system, tolling devices and processes

9 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 with the Agreement.

10 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.

11 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 unit takes images of the licence plate 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 12; and

(c) it is tested at the following times—

(i) in the case of a digital toll camera that has been repaired or

modified, after the repairs or modifications are made and before the occasion of the digital toll camera's first use after the repairs or

modifications; and

(ii) in the case of all digital toll cameras, within a period of 24 months before the occasion of its use.



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12 Testing of digital toll camera unit

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

(a) is satisfied that—

(i) if positioned in the manner prescribed in regulation 11, the digital toll camera unit takes images of the licence plate numbers of vehicles driven in 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 time at which the test was carried out; and

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

(c) signs the record referred to in paragraph (b) and sets out in the record his or her 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



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

(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.

13 Process for production of printed image

(1) An image or message is produced by a prescribed process for the purposes of Part 9 of the Act 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

(b) the data contained in the digital file has been verified by a computer—

(i) recalculating the checksum for that file; and

(ii) confirming that the checksum produced by the recalculation is identical to the checksum contained in that file, or the toll message file; and

(c) the printed image contains an image derived from the digital image (with or without decompressing the digital image) and a message indicating—

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

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

(2) A digital file is created by a digital toll camera unit if the digital toll camera unit processes the image taken by itself and used in the prescribed manner by—



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(a) converting the image taken into a digital format (with or without compressing the image so taken); and

(b) generating data—

(i) indicating the toll zone in which the vehicle to which the image relates was driven; and

(ii) from which the date on and the time at which that vehicle was driven in the toll zone can be calculated; and

(c) calculating a checksum for the digital file; and

(d) combining into one digital file the digital image with the data referred to in paragraph (b) and the checksum referred to in paragraph (c).



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Part 6—Notices and certificates14 Additional details to be included in infringement

notices

An infringement notice in relation to an alleged offence against section 204(1) of the Act must contain the following additional details

(a) the licence plate number or other identification of the vehicle which is alleged to have been driven in a toll zone; and

(b) a statement to the effect that a copy of the image relating to the detection of the alleged vehicle on EastLink and information as to the date on and time and location at which it was detected may be inspected or purchased and the manner in which the inspection or purchase may be arranged.

15 Certificates as to registered owner of vehicle

(1) A certificate under section 221(1) of the Act is in the prescribed form if the certificate—

(a) states that it is a certificate issued by VicRoads or the Department of Infrastructure or an authorised person (as the case may be) under section 221(1) of the Act; and

(b) certifies that, according to the records of VicRoads or the Department of Infrastructure (as the case may be), on a specified date the vehicle specified in the certificate was registered under the Road Safety Act 1986 in the name of the person specified in the certificate.



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(2) A certificate under section 221(3) contains the prescribed particulars if it—

(a) states that it is a certificate issued by VicRoads or the Department of Infrastructure or an authorised person (as the case may be) under section 221(3) of the Act; and

(b) certifies that, according to the records of VicRoads or the Department of Infrastructure (as the case may be), on a date specified in the certificate—

(i) the registration number specified in the certificate was assigned to a vehicle specified in the certificate; or

(ii) a person specified in the certificate was entitled, or last entitled, to use or possess a number plate bearing a registration number specified in the certificate.

16 Certificates issued by enforcement agency

A certificate under section 221A of the Act is in the prescribed form if the certificate—

(a) states that it is a certificate issued by the enforcement agency under section 221A of the Act; and

(b) certifies—

(i) that the matters set out in the certificate appear in, or have been calculated from, the records kept by the enforcement agency; and

(ii) that, to the best knowledge and belief of the person issuing the certificate on behalf of the enforcement agency, the matters set out in the certificate are true and correct.



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17 Certificates issued by Freeway Corporation

A certificate under section 222 of the Act is in the prescribed form if, in addition to any of the matters referred to in that section, the certificate—

(a) states that it is a certificate issued by the Freeway Corporation or a person authorised by the Freeway Corporation (as the case may be) under section 222 of the Act; and

(b) in the case of a certificate certifying that a printed image was produced by a prescribed process, is issued by the person who caused the printed image to be printed; and

(c) certifies that, to the best knowledge and belief of the person issuing the certificate or issuing the certificate on behalf of the Freeway Corporation, the matters set out in the certificate are true and correct.



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Part 7—Miscellaneous

18 Prescribed administrative costs

For the purposes of section 206B of the Act, the prescribed administrative costs are $40 in respect of each charge found proven.

═══════════════

Pt 7 (Heading and reg. 18) inserted by S.R. No. 104/2013 reg. 4.

Reg. 18 inserted by S.R. No. 104/2013 reg. 4.



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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The EastLink Project Regulations 2008, S.R. No. 81/2008 were made on 24 June 2008 by the Administrator of the State of Victoria as the Governor's Deputy, with the advice of the Executive Council, under section 258 of the EastLink Project Act 2004, No. 39/2004 and came into operation on 24 June 2008.

The EastLink Project Regulations 2008 will sunset 10 years after the day of making on 24 June 2018 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).



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http://www.legislation.vic.gov.au/

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).



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2 Table of AmendmentsThis publication incorporates amendments made to the EastLink Project Regulations 2008 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

EastLink Project Amendment (Prescribed Administrative Costs) Regulations 2013, S.R. No. 104/2013

Date of Making: 30.7.13Date of Commencement: 30.7.13

EastLink Project Amendment Regulations 2014, S.R. No. 167/2014Date of Making: 14.10.14Date of Commencement: 14.10.14

EastLink Project Amendment Regulations 2016, S.R. No. 36/2016Date of Making: 26.4.16Date of Commencement: 26.4.16

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



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3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.



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4 Explanatory detailsNo entries at date of publication.



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Documents

EastLink Project Regulations 2008FILE/08-81sr005.docx · Web viewOCPC-VIC, Word 2007, Template Release 15/02/2016 (PROD) RegulationPage. Part 1—Preliminary. ... (other than a