Victorian Consolidated Legislation

EastLink Project Act 2004 - SECT 204

Offence to drive unregistered vehicle in toll zone

204. Offence to drive unregistered vehicle in toll zone



(1) A person must not drive a vehicle in a toll zone unless the vehicle is
registered under this Part in respect of that toll zone by the Freeway
Corporation.

Penalty: 10 penalty units.

(2) If during the course of a trip a person commits an offence against
subsection (1), the person is guilty of only one offence against that
subsection, regardless of how many toll zones the person drives in during the
course of that trip.

(3) If a person drives a vehicle in a toll zone and the trip commences before
midnight on a particular day and ends on the succeeding day-



   (a)  a person is guilty of only one offence under subsection (1) in
        relation to that trip; and

   (b)  the offence is to be taken to have occurred on the day on which the
        trip commenced.

(4) In a proceeding for an offence against subsection (1), it is a defence to
the charge for the driver to prove that he or she believed on reasonable
grounds, at the time the offence is alleged to have been committed, that the
vehicle-

   (a)  was registered under this Part in respect of the relevant toll zone by
        the Freeway Corporation; or

   (b)  was covered by a tollway billing arrangement.

(5) In a proceeding for an offence against subsection (1), it is a defence to
the charge for the driver to prove-

   (a)  that he or she received, or was issued, an invoice in respect of the
        trip that is the subject of the charge; and

   (b)  that the invoice was paid in full (even though it may also have
        related to trips other than the trip that is the subject of the
        charge) in any manner, and within the time, permitted by the invoice.

(6) In subsection (5), invoice means a request for the payment of a toll in
respect of a trip and any relevant toll administration fees.

(7) Despite anything to the contrary in this or any other Act (other than the
Charter of Human Rights and Responsibilities)-



   (a)  only one criminal proceeding may be commenced in respect of an offence
        constituted by the driving of any one vehicle in a toll zone on any
        one day; and

   (b)  only one infringement notice may be issued in respect of an offence
        constituted by the driving of any one vehicle in a toll zone on any
        one day-

regardless of how many toll zones the vehicle is driven in during the course
of that day and how many trips the vehicle makes during the course of that day
and how many different people drive the vehicle during the course of that day.

(8) For the purposes of subsection (7), a criminal proceeding commenced
against, or an infringement notice served on, a person in respect of an
offence against subsection (1) is to be disregarded if the charge or
infringement notice is withdrawn.

(9) Subsection (1) does not apply in respect of a vehicle if it is exempted,
in accordance with the regulations, from the requirement to be registered
under this Part.

(10) Subsection (1) does not apply in respect of a vehicle that under the
regulations is exempt from the payment of tolls.

(11) Subsection (1) does not apply in respect of a vehicle covered by a
tollway billing arrangement.

(12) On a person being found guilty of an offence under subsection (1), any
debt that arose under section 197 as a result of the person driving in the
toll zone on the day of the offence in the vehicle that was the subject of the
offence is extinguished.