FILE/14-32sr002.docx · Web view(3)A description of an offence set out in Column 3 of the Table in the Schedule opposite an offence set out in Column 2 of that Table is for convenience

Version No. 002

Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations

2014S.R. No. 32/2014

Version incorporating amendments as at27 June 2015

TABLE OF PROVISIONSRegulation Page

1 Objectives 12 Authorising provision 13 Commencement 14 Definitions 15 Safety work infringements 26 Transport safety infringements 27 Infringement notices 3

__________________

Schedule 4

═══════════════

Endnotes 40

1 General information 40

2 Table of Amendments 41

3 Amendments Not in Operation 42

4 Explanatory details 43

1

Version No. 002

Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations

2014S.R. No. 32/2014

Version incorporating amendments as at27 June 2015

1 Objectives

The objectives of these Regulations are to—

(a) prescribe penalties for safety work infringements; and

(b) prescribe transport safety infringements and infringement penalties in respect of those infringements; and

(c) prescribe information to appear in infringement notices.

2 Authorising provision

These Regulations are made under section 132 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014.

3 Commencement

These Regulations come into operation on 19 May 2014.

4 Definitions

In these Regulations—

infringement notice means a safety work infringement notice or a transport safety infringement notice;

1

Notice means Notice No. 1 made under section 15(2) of the Marine Act 1988 published in Government Gazette Number G 26 on 2 July 1998 (pages 1706 to 1824) as amended from time to time.Note

This Notice is taken to be waterway rules under section 342 of the Marine Safety Act 2010;

the Act means the Transport (Safety Schemes Compliance and Enforcement) Act 2014.

5 Safety work infringements

For the purposes of section 94(5) of the Act, the amount prescribed for the penalty for a safety work infringement (code 3220) is 3 penalty units.

6 Transport safety infringements

(1) For the purposes of the definition of transport safety infringement in section 3 of the Act, an offence set out in Column 2 of the Table in the Schedule is prescribed as a transport safety infringement.

(2) For the purposes of section 93(4) of the Act, the amount prescribed for a transport safety infringement penalty is the amount set out in Column 4 of the Table in the Schedule opposite the corresponding prescribed offence set out in Column 2 of that Table.

2

(3) A description of an offence set out in Column 3 of the Table in the Schedule opposite an offence set out in Column 2 of that Table is for convenience of reference only and does not affect the nature or elements of the offence to which such a description refers or the operation of these Regulations.Note

Column 5 of the Table in the Schedule contains codes by which an infringement offence may be identified.

7 Infringement notices

(1) In addition to the requirements of section 13 of the Infringements Act 2006, an infringement notice must state whether it is—

(a) a safety work infringement; or

(b) a transport safety infringement.

(2) If the infringement notice is a safety work infringement notice, the infringement notice must explain the effect of sections 95 and 96 of the Act.

__________________

3

SCHEDULERegulation 6

TRANSPORT SAFETY INFRINGEMENTS

Offences Against Marine Safety Laws

Column 1Item number

Column 2Prescribed offence

Column 3Short description of offence

Column 4Infringement penalty

Column 5

Code

Marine Safety Act 2010

1 s. 37(1) As owner, cause or allow an unregistered vessel or vessel not exempt from registration to be operated

5 penalty units

2252

2 s. 37(2) As master, operate an unregistered vessel or vessel not exempt from registration

5 penalty units

2251

3 s. 37(3) As owner or master, cause or allow operation of a vessel in breach of a condition of registration

2 penalty units

2253

4 s. 46(1), s. 49(1)

Act as master of a registered recreational or regulated hire and drive vessel without a marine licence

5 penalty units

5799

Sch. amended by S.R. No. 76/2015 reg. 4.

Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014S.R. No. 32/2014

4

Column 1Item number




Column 5

Code

5 s. 46(2), s. 49(2)

Operate a registered recreational vessel or regulated hire and drive vessel in breach of a condition of a marine licence

2 penalty units

5706

6 s. 47(1), s. 50(1)

Act as master of a prescribed class or type of registered recreational vessel or regulated hire and drive vessel without a licence endorsement for that class or type of vessel

5 penalty units

5800

7 s. 47(2), s. 50(2)

Operate a prescribed class or type of registered recreational vessel or regulated hire and drive vessel in breach of a prescribed condition or condition of the licence endorsement for that class or type of vessel

2 penalty units

5707


5

Column 1Item number




Column 5

Code

8 s. 59 Act as master of a registered recreational vessel in breach of a condition of a licence or certificate issued in another State or Territory or country

2 penalty units

5708

9 s. 61 Act as master of a registered recreational vessel without being in possession of a marine licence document

1 penalty unit

5709

10 s. 80 Enter, leave or navigate or attempt to do so within waters for which local knowledge certificate required

2 penalty units

9439

11 s. 162A(4) Failing to allow a vessel or equipment on vessel to be inspected

2 penalty units

5848

12 An offence against s. 162A(5) constituted by a failure to comply with s. 162A(2)(b)

Failing to stop or manoeuvre a vessel and produce for inspection equipment specified in a direction

2 penalty units

5849


6

Column 1Item number




Column 5

Code

13 s. 162C(2) Failing to provide information concerning the identity and the location of the owner or master of a vessel

147 penalty units

5850

14 An offence against s. 197 constituted by a failure to comply with cl. 2(a) of the Notice

Operate a vessel at a speed exceeding 5 knots within 50 metres of a person

2 penalty units

2257

15 An offence against s. 197 constituted by a failure to comply with cl. 2(b) of the Notice

Operate a vessel at a speed exceeding 5 knots within 100 metres of a dive flag

2 penalty units

2258

16 An offence against s. 197 constituted by a failure to comply with cl. 2(c) of the Notice

Operate a vessel at a speed exceeding 5 knots within 50 metres of another vessel

2 penalty units

2259

17 An offence against s. 197 constituted by a failure to comply with cl. 3 of the Notice

Operate a vessel at a speed exceeding 5 knots within 50 metres of the water's edge or a structure

2 penalty units

2261


7

Column 1Item number




Column 5

Code

18 An offence against s. 197 constituted by a failure to comply with cl. 4(a) of the Notice

Operate a vessel at a speed exceeding 5 knots within 200 metres of the water's edge except in an access lane

2 penalty units

5793


Operate a vessel at a speed exceeding 5 knots within 50 metres of a wharf or similar structure except in an access lane

2 penalty units

5794


Operate a vessel at a speed exceeding 5 knots when passing through an anchorage for small craft

2 penalty units

5795

21 An offence against s. 197 constituted by a failure to comply with cl. 6(1)(a) of the Notice

Operate a vessel towing a water-skier at greater than 5 knots and depart from or return to the shore other than through an access lane

2 penalty units

5796

22 An offence against s. 197 constituted by a failure to comply with cl. 6(1)(b) of the Notice

Engage in water-skiing at greater than 5 knots and depart from or return to the shore other than through an access lane

2 penalty units

5797


8

Column 1Item number




Column 5

Code

23 An offence against s. 197 constituted by a failure to comply with cl. 6(2) of the Notice

Use an access lane other than for a purpose specified in cl. 6(2) of the Notice

2 penalty units

5798

24 An offence against s. 197 constituted by a failure to comply with cl. 6(3)(a) of the Notice

Operate a vessel in an access lane at a speed greater than reasonably required

2 penalty units

5801

25 An offence against s. 197 constituted by a failure to comply with cl. 6(3)(b) of the Notice

Operate a vessel in an access lane and fail to remove or beach vessel and secure equipment

2 penalty units

5802

26 An offence against s. 197 constituted by a failure to comply with cl. 6(3)(c) of the Notice

Operate a vessel in an access lane and fail to keep right or left as required

2 penalty units

5803

27 An offence against s. 197 constituted by a failure to comply with cl. 6(3)(d) of the Notice

Operate a vessel in an access lane and fail to give way

2 penalty units

5804


9

Column 1Item number




Column 5

Code


Operate a vessel at a speed exceeding the speed limit specified in the Notice for the area of water

2 penalty units

2264


Enter prohibited area towing water-skier or when water-skiing

2 penalty units

2265


Operate a vessel in a prohibited area

2 penalty units

2266


Operate a vessel with an engine in a prohibited area

2 penalty units

2267


Fail to operate vessel in a manner which creates minimal or no wash in a no wash zone

2 penalty units

2268


10

Column 1Item number




Column 5

Code


Operate a vessel or engage in an activity in a prohibited area of water

2 penalty units

2270


Use waters contrary to conditions of use specified in the Notice

2 penalty units

2271


Operate a vessel with an engine in a direction other than as permitted by the Notice in inland waters

2 penalty units

2269


Fail to give way to another vessel when departing from shore on a vessel with an engine

2 penalty units

2272


Bathe within 50 metres of a launching ramp being used or about to be used or an access lane

2 penalty units

2298


11

Column 1Item number




Column 5

Code


Operate a sailboard in contravention of cl. 17 of the Notice

2 penalty units

2260


Operate a vessel towing more than 3 water-skiers

2 penalty units

5805


Operate a vessel towing a water-skier between one hour after sunset and one hour before sunrise

2 penalty units

5806


Operate a recreational or hire and drive vessel engaged in diving operations without exhibiting a flag indicating diver below that complies with the Notice

2 penalty units

2300


Engage in diving without a buoy or flag displayed that complies with the Notice

2 penalty units

2301


12

Column 1Item number




Column 5

Code

43 An offence against s. 197 constituted by a failure to comply with cl. 23A of the Notice

Permit vessel to be moored or secured to navigation marker, beacon, buoy, pole or post

2 penalty units

2316

44 An offence against s. 197 constituted by a failure to comply with cl. 23B of the Notice

Allow vessel to be anchored in a channel that is marked with beacons or buoys

2 penalty units

2317

Marine Safety Regulations 2012

45 reg. 15 Failing to notify the Safety Director of a change of details to the vessel provided under regulation 11(2)(d)

1 penalty unit

5862

46 reg. 16 Failing to notify the Safety Director of a change of name or address of registered person

1 penalty unit

5863

47 reg. 17 As person disposing of vessel registered in person's name, fail to comply with transfer requirements

1 penalty unit

5864


13

Column 1Item number




Column 5

Code

48 reg. 18 As person acquiring registered vessel, fail to comply with transfer requirements

1 penalty unit

5865

49 reg. 24(2) As owner of a registered recreational vessel, fail to fix registration label on vessel in conspicuous position

1 penalty unit

2254

50 reg. 24(3) As owner of a registered recreational vessel that is not a personal watercraft, fail to ensure identification mark is painted or displayed in certain positions on vessel

2 penalty units

5810

51 reg. 24(5) As owner of a registered recreational vessel that is a personal watercraft, fail to ensure identification mark is painted or displayed in certain positions on vessel

2 penalty units

5811

52 reg. 24(7) Act as master of a registered vessel without identification mark displayed

2 penalty units

2255


14

Column 1Item number




Column 5

Code

53 reg. 91(1) As master of a recreational vessel or hire and drive vessel, permit vessel to be fuelled at a wharf, jetty or pier with passengers on board

2 penalty units

2289

54 reg. 91(2) As master of a recreational vessel or hire and drive vessel, permit recreational vessel or hire and drive vessel to be restarted after being fuelled at a wharf, jetty or pier with passengers on board

2 penalty units

5813

55 reg. 92(1) Act as master of an overloaded recreational vessel or hire and drive vessel

2 penalty units

2293

56 reg. 93 Act as master of a recreational vessel or hire and drive vessel with overloaded flying bridge

2 penalty units

5814


15

Column 1Item number




Column 5

Code

57 reg. 94(1) As master of a hire and drive vessel, permit vessel to go outside limits specified in safe operation certificate

2 penalty units

2326

58 reg. 95 As master of a vessel, tow a person without using an observer

2 penalty units

5812

59 reg. 96(1) Act as master of a recreational vessel in coastal waters if vessel is not equipped with sufficient quantity of particular items of equipment

125 penalty units

5756 (compasses)5757 (buckets with lanyards)5759 (red star parachute distress rockets)5765 (dinghies or life rafts)5753 (anchors, chains or lines)5760 (hand-held orange smoke signals)


16

Column 1Item number




Column 5

Code

5761 (hand-held red distress flares)5754 (electric or manual bilge pumping systems)5755 (bailers)5762 (oars, rowlocks or paddles)5763 (waterproof buoyant torches)5764 (lifebuoys)

60 reg. 96(2) Act as master of a recreational vessel in coastal waters if vessel is not equipped with sufficient quantity of particular items of equipment

2 penalty units

2340 (EPIRB)5758 (marine radios)5752 (personal flotation devices)


17

Column 1Item number




Column 5

Code

61 reg. 96(3) Act as master of a recreational vessel in enclosed waters if vessel is not equipped with sufficient quantity of particular items of equipment

125 penalty units

5753 (anchors, chains or lines)5760 (hand-held orange smoke signals)5761 (hand-held red distress flares)5754 (electric or manual bilge pumping systems)5755 (bailers)5762 (oars, rowlocks or paddles)5763 (waterproof buoyant torches)5764 (lifebuoys)

62 reg. 96(4), reg. 96(6)

Act as master of a recreational vessel in enclosed or inland waters if vessel is not equipped with sufficient quantity of particular items of equipment

2 penalty units

5752 (personal flotation devices)


18

Column 1Item number




Column 5

Code

63 reg. 96(5) Act as master of a recreational vessel in inland waters if vessel is not equipped with sufficient quantity of particular items of equipment

125 penalty units

5754 (electric or manual bilge pumping systems)5755 (bailers)5762 (oars, rowlocks or paddles)5763(waterproof buoyant torches)5764 (lifebuoys)

63A reg. 96(8) Being master of a recreational vessel, unless equipment complies with specified requirements

1·25 penalty units

9371 (hand-held smoke signals exceeding manufacturer's expiry date)9372 (hand-held distress flare exceeding manufacturer's expiry date)9373 (red star distress rocket exceeding manufacturer's expiry date)


19

Column 1Item number




Column 5

Code

64 reg. 97(1)(a) As master of a recreational vessel, fail to ensure that the vessel has the required number of portable fire extinguishers

125 penalty units

5766

65 reg. 97(1)(b) As master of a recreational vessel, fail to ensure that the vessel has a portable fire extinguisher that has the required minimum nominal capacity

125 penalty units

5767

66 reg. 98(3) As master of a recreational vessel, fail to keep portable fire extinguishers in separate positions on vessel

125 penalty units

5770

67 reg. 99(2) Being owner of a recreational vessel, cause or allow vessel to be operated with required safety equipment that has not been maintained as required

125 penalty units

5768


20

Column 1Item number




Column 5

Code

68 reg. 99(3) Being owner of a recreational vessel, cause or allow vessel to be operated with required safety equipment that has not been serviced as required

125 penalty units

5769

69 reg. 100(1), reg. 100(2), reg. 100(3)

Fail to wear required personal flotation device while in open area of recreational vessel or hire and drive vessel of 48 metres or less in length that is underway

2 penalty units

5771

70 reg. 101(1) in any of the circumstances described in reg. 101(4)(a), (b), (c), (d) or (e)

Fail to wear required personal flotation device while in open area of recreational vessel or hire and drive vessel of greater than 48 metres in length that is underway on coastal waters

2 penalty units

5815


Fail to wear required personal flotation device while in open area of recreational vessel or hire and drive vessel of

2 penalty units

5816


21

Column 1Item number




Column 5

Code

greater than 48 metres in length that is underway on enclosed waters


Fail to wear required personal flotation device while in open area of recreational vessel or hire and drive vessel of greater than 48 metres in length that is underway on inland waters

2 penalty units

5817

73 reg. 102(1), reg. 102(2), reg. 102(3)

Fail to ensure that person under 10 years of age in open area of recreational vessel or hire and drive vessel underway wears required personal flotation device

2 penalty units

5772

74 reg. 103 Fail to wear required personal flotation device while being towed by vessel

2 penalty units

5773


22

Column 1Item number




Column 5

Code

75 reg. 104(1) As master of a recreational vessel or hire and drive vessel, cause or allow vessel to be operated when persons on board are not wearing required personal flotation devices

2 penalty units

5774

76 reg. 104(2) As master of a recreational vessel, cause or allow vessel to tow a person not wearing required personal flotation device

2 penalty units

5775

77 reg. 110(1), reg. 110(2), reg. 110(3), reg. 110(4), reg. 110(5), reg. 110(6), reg. 110(7), reg. 110(8), reg. 110(9)

As master, fail to ensure that vessel displays required navigation lights

2 penalty units

5818

78 reg. 111(1) As master, fail to ensure that vessel keeps to right of channel

2 penalty units

5819

79 reg. 111(2) As master, fail to ensure that vessel keeps out of the way of a vessel that can only safely navigate in a channel

2 penalty units

5820


23

Column 1Item number




Column 5

Code

80 reg. 112(1) As master of a power-driven vessel, fail to ensure vessel keeps out of the way

2 penalty units

5821

81 reg. 112(2) As master of a sailing vessel, fail to ensure vessel keeps out of the way

2 penalty units

5822

Port Management (Local Ports) Regulations 2015

82 reg. 22 Fail to have permit in possession while engaging in an activity or accessing an area

2 penalty units

9350

83 reg. 23 Fail to produce permit for inspection on request while engaging in activity or accessing an area

2 penalty units

9351

84 reg. 26(1) Engage in prohibited or restricted activity in an area subject to a set aside determination

2 penalty units

9352


24

85 reg. 27(1) Enter into or remain in area subject to a set aside determination where access is prohibited or restricted

2 penalty units

9353

Column 1Item number




Column 5

Code

86 reg. 29(1) Install a mooring in a local port without a permit

2 penalty units

5831

87 reg. 29(2) Moor vessel to a structure not provided or approved by port manager without a permit

2 penalty units

9354

88 reg. 30(1) Berth vessel in a prohibited berthing area without a permit

2 penalty units

5824

89 reg. 30(2) Moor vessel in a prohibited mooring area without a permit

2 penalty units

5823

90 reg. 31(1) Berth vessel in a permit-only berthing area without a permit

2 penalty units

5826

91 reg. 31(2) Moor vessel in a permit-only mooring area without a permit

2 penalty units

5825

92 reg. 32 Anchor vessel in a mooring area without a permit

2 penalty units

9355


25

93 reg. 33(1)(a) Allow vessel to be berthed or moored for a continuous period exceeding a specified period

2 penalty units

5827

94 reg. 33(1)(b) Allow vessel to be berthed or moored for a continuous period exceeding 48 hours

2 penalty units

5832

Column 1Item number




Column 5

Code

94A reg. 41(1) Cause or permit propeller or other propulsion system to be operated while vessel is berthed at wharf

2 penalty units

9356

94B reg. 43 Enter or park vehicle in an area not subject to a set aside determination or without a permit

2 penalty units

5833

94C reg. 49 Camp in a local port without a permit

2 penalty units

9357

94D reg. 50(1) Jump or dive from a wharf, natural asset or structure on a wharf in contravention of sign or notice

2 penalty units

9358

94E reg. 51(1) Swim, bathe, snorkel or scuba dive under or within 20 metres of a wharf in contravention of sign or notice

2 penalty units

9359


26

94F reg. 52(1) Clean fish on a wharf or other structure in a local port in an area not subject to a set aside determination or without a permit

2 penalty units

9360

Column 1Item number




Column 5

Code

94G reg. 52(2) Leave or store fishing-related equipment in an area not subject to a set aside determination or without a permit

2 penalty units

9361

94H reg. 52(3) Stretch or repair fishing equipment in an area not subject to a set aside determination or without a permit

2 penalty units

9362

94I reg. 53 Fail to retrieve fishing rod or line when a vessel approaches or departs from a wharf

2 penalty units

9363

94J reg. 56(1) Cut, break, or destroy vessel mooring

2 penalty units

9364

94K reg. 56(2) Interfere with, cast off or remove vessel from wharf or mooring

2 penalty units

9365


27

94L reg. 57 Damage, deface or interfere with port manager's property or infrastructure without a permit

2 penalty units

9366

94M reg. 60 Leave or deposit litter or other industrial waste in a manner not permitted

2 penalty units

9367

Column 1Item number




Column 5

Code

94N reg. 62 Damage, obstruct or interfere with road, footpath, footway, access area, unloading area or gate without a permit

2 penalty units

9368

94O reg. 63(1) Fail to close gate after using it that is bearing a sign or notice stating the gate is to be kept closed at all times

2 penalty units

9369

94P reg. 65 Light, kindle, use or maintain a fire in a manner not permitted

2 penalty units

9370

94Q reg. 66(3) Fail to comply with a direction from a port manager, transport safety officer or police officer

2 penalty units

5834


28

Marine (Drug, Alcohol and Pollution Control) Act 1988

95 s. 28(1)(b) Operate or be the master or pilot of a vessel with—(a) blood alcohol

level of 0·05 or more but less than 0·07g/100ml; or

3 penalty units

5851

Column 1Item number




Column 5

Code

(b) breath alcohol level of 0·05 or more but less than 0·07g/210 litres of exhaled air—

and—(c) a prescribed

concentration of zero blood or breath alcohol does not apply to the person; and

(d) the person is aged 26 years or older at the time of the transport safety infringement


29


level of 0·05 or more but less than 0·07g/100ml; or

(b) breath alcohol level of 0·05 or more but less than 0·07g/210 litres of exhaled air—

3 penalty units

5852

Column 1Item number




Column 5

Code

and—(c) a prescribed

concentration of zero blood or breath alcohol does not apply to the person; and

(d) the person is aged under 26 years at the time of the transport safety infringement


30


level of 005 or more but less than 007g/100ml; or

(b) breath alcohol level of 005 or more but less than 007g/210 litres of exhaled air—

and a prescribed concentration of zero blood or breath alcohol applies to the person

3 penalty units

5853

Column 1Item number




Column 5

Code

98 s. 28(1)(b) Operate or be the master or pilot of a vessel with blood alcohol level of 007 or more but less than 010g/100ml or breath alcohol level of 007 or more but less than 010g/210 litres of exhaled air

3 penalty units

5854


31


level of less than 005g/100 ml; or

(b) breath alcohol level of less than 005g/210 litres of exhaled air—

and a prescribed concentration of zero blood or breath alcohol applies to the person

25 penalty units

5855

100 s. 28(1)(b) Operate or be the master or pilot of a vessel with blood alcohol level of 010 or more but less than 011g/100 ml or breath alcohol

425 penalty units

5856

Column 1Item number




Column 5

Code

level of 010 or more but less than 011g/210 litres of exhaled air


32

101 s. 28(1)(b) Operate or be the master or pilot of a vessel with blood alcohol level of 011 or more but less than 012g/100 ml or breath alcohol level of 011 or more but less than 012g/210 litres of exhaled air

425 penalty units

5857


425 penalty units

5858


425 penalty units

5859

Column 1Item number




Column 5

Code


33


425 penalty units

5860

105 s. 28(1)(bb) Operate or be the master or pilot of a vessel while the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in blood or oral fluid

3 penalty units

5861


34

Offences Against Bus Safety Laws

Column 1Item number




Column 5

Code

Bus Safety Act 2009

106 s. 19(1) As accredited bus operator, failing to ensure that each bus used to provide commercial or local bus services undergoes safety inspection

4 penalty units

9440

107 s. 19(2) As registered bus operator, failing to ensure that each bus used to provide commercial or local bus services undergoes safety inspection

4 penalty units

9441

108 s. 19(3) As accredited or registered bus operator, failing to arrange safety inspection when directed for bus service

4 penalty units

9442

109 s. 22A(1) Operating bus service if not registered or without an exemption

12 penalty units

9443

110 s. 22A(2) As registered bus operator, failing to comply with conditions of registration

12 penalty units

9444


35

Column 1Item number




Column 5

Code

111 s. 22A(3) Registered bus operator registered in respect of commercial minibus service failing to ensure driver holds driver accreditation

12 penalty units

9445

112 s. 22A(4) Registered bus operator failing to ensure driver of bus holds appropriate driver licence

12 penalty units

9446

113 s. 33(3) Accredited bus operator failing to notify Safety Director of the recovery of, and to return the certificate of accreditation

4 penalty units

9447

114 s. 53 Accredited bus operator failing to return certificate of accreditation and number plates if accreditation cancelled or surrendered

12 penalty units

9448

115 s. 65 Accredited or registered bus operator failing to notify Safety Director of prescribed incidents

4 penalty units

9449


36

Column 1Item number




Column 5

Code

Bus Safety Regulations 2010

116 reg. 7(1) Operator of school bus failing to ensure complying lights and signs fitted to bus

4 penalty units

9450

117 reg. 7(3) Driver of school bus failing to ensure lights, signs or hazard warning device operate when bus is stationary

2 penalty units

9451

118 reg. 7(6) Operator allowing bus to be used for school bus service before lights or hazard warning device are operational

4 penalty units

9452

119 reg. 8 Failing to ensure fire extinguishers fitted on bus are operational

2 penalty units

9453

120 reg. 9 Failing to ensure required safety notices are displayed in bus

0·4 penalty units

9454

121 reg. 10(1) Accredited bus operator failing to display number plates on buses

2 penalty units

9455


37

122 reg. 10(2) Displaying accredited bus operator plates when not accredited

2 penalty units

9456

Column 1Item number




Column 5

Code

123 reg. 16(1) Failing to keep records in safe and secure location for specified period

1 penalty unit

9457

124 reg. 16(2) Failing to keep books and records in the English language

1 penalty unit

9458

125 reg. 25(1) Failing to comply with direction to undertake investigation into bus incident

0·4 penalty units

9459

126 reg. 25(2) Failing to commence investigation within 7 days of direction

0·4 penalty units

9460

127 reg. 25(5) Accredited bus operator failing to provide investigation report to Safety Director within specified time

1 penalty unit

9461


38

Offences Against Local Rail Safety Laws

Column 1Item number




Column 5

Code

Rail Safety (Local Operations) Act 2006

128 s. 34K(1) Rail transport operator failing to maintain register of safety interface agreements and arrangements

2·5 penalty units

9462

129 s. 34K(2) Road authority failing to maintain register of safety interface agreements and arrangements

2·5 penalty units

9463

130 s. 69A(3) Accredited rail transport operator failing to provide prescribed information

12 penalty units

9464

131 s. 69R(2) Registered person failing to make documents available for inspection

6 penalty units

9465

132 s. 69R(3) Registered person failing to maintain register of documents available for inspection

6 penalty units

9466


39

Column 1Item number




Column 5

Code

Rail Safety (Local Operations) Regulations 2006

133 reg. 14(1), (2) Failing to review safety management system

3 penalty units

9467

134 reg. 40 Failing to maintain or prepare records relating to rail safety

1 penalty unit

9468

135 reg. 49(3) Failing to provide annual report to Safety Director

2 penalty units

9469

═══════════════


40

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 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014, S.R. No. 32/2014 were made on 13 May 2014 by the Governor in Council under section 132 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, No. 27/2014 and came into operation on 19 May 2014: regulation 3.

The Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 will sunset 10 years after the day of making on 13 May 2024 (see section 5 of the Subordinate Legislation Act 1994).


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

2 Table of AmendmentsThis publication incorporates amendments made to the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 by statutory rules, subordinate instruments and Acts.

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Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2015, S.R. No. 76/2015

Date of Making: 23.6.15Date of Commencement: 27.6.15: reg. 3

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3 Amendments Not in OperationNot updated for this publication.


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4 Explanatory details

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2014 is $147.61.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.


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Documents

FILE/14-32sr002.docx · Web view(3)A description of an offence set out in Column 3 of the Table in the Schedule opposite an offence set out in Column 2 of that Table is for convenience