Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 87

Service of parking infringement notices

87. Service of parking infringement notices



(1) If a person who is referred to in section 77(2) (other than a person
referred to in paragraph (db) of that subsection) or an officer who is
referred to in section 77(4) has reason to believe that a parking infringement
has been committed in respect of any vehicle on land or premises other than a
council controlled area within the meaning of Part 7A, he or she may serve or
cause to be served, in accordance with the regulations, a parking infringement
notice.

(1AA) Despite subsection (1), if a parking infringement (other than a parking
infringement involving a contravention of section 90E) occurs on land which is
part of the Parliamentary reserve, no parking infringement notice in respect
of it may be served except on the written direction of a presiding officer
authorising the serving of a parking infringement notice either generally or
in a particular case.

(1AB) In a prosecution in relation to a parking infringement notice served in
accordance with this section occurring on the Parliamentary reserve, a
certificate which purports to be signed by a presiding officer, stating that a
person is authorised to serve that parking infringement notice or take
proceedings in respect of that parking infringement notice is evidence, and,
in the absence of evidence to the contrary, is proof, that the person is so
authorised.

(1AC) All courts must take judicial notice of the signature of a presiding
officer on a certificate referred to in subsection (1AB).

(1AD) If an authorised officer within the meaning of section 208 of the
Transport Act 1983 (as authorised under section 221AB of that Act) has reason
to believe that a parking infringement has been committed in respect of any
vehicle that is on or in a park and ride facility, the person may serve or
cause to be served, in accordance with the regulations, a parking infringement
notice.

(1A) Without limiting subsection (1), an authorised person for a municipal
council or a relevant public authority may serve or cause to be served, in
accordance with the regulations, a parking infringement notice if the
authorised person has reason to believe-

   (a)  in the case of an authorised person for a municipal council, that a
        parking infringement has been committed in respect of a vehicle on
        land within the council's municipal district; or

   (b)  in the case of an authorised person for a relevant public authority,
        that a parking infringement has been committed in respect of a vehicle
        on a relevant place in relation to the relevant public authority.

(1B) If-

   (a)  a member of the police force; or

   (b)  a member of staff of the municipal council; or

   (c)  an authorised person for a municipal council-

has reason to believe that a parking infringement has been committed in
respect of any vehicle on land within the municipal district of a municipal
council, being land that is a council controlled area within the meaning of
Part 7A, he or she may serve or cause to be served, in accordance with the
regulations, a parking infringement notice.

(1BA) An offence referred to in subsection (1), (1AD), (1A) or (1B) for which
a parking infringement notice may be served is an infringement offence within
the meaning of the Infringements Act 2006.

(1BB) Regulations about service referred to in subsections (1), (1AD), (1A) or
(1B) must not be inconsistent with the Infringements Act 2006.

(1C) A municipal council or relevant public authority may authorise a person
under this section only if it is satisfied the person-

   (a)  is competent to exercise the functions conferred on an authorised
        person by or under this Part; and

   (b)  is of good repute, having regard to character, honesty and integrity;
        and

   (c)  has agreed in writing to exercise the functions conferred on an
        authorised person by or under this Part according to performance
        criteria established from time to time by the municipal council or
        relevant public authority.

(1D) A municipal council or relevant public authority must issue an identity
card to an authorised person it appoints.





(1E) An identity card under subsection (1D) must-

   (a)  contain a photograph of the authorised person; and

   (b)  contain the signature of the authorised person; and

   (c)  be signed by a member of staff of the municipal council or relevant
        public authority authorised by the municipal council or relevant
        public authority to do so either generally or in any particular case.

(1F) A person issued with an identity card under subsection (1D) must produce
it on being requested to do so.

Penalty: 5 penalty units.

(1G) Any action taken or thing done by an authorised person is not invalidated
by his or her failure to produce his or her identity card.





(1H) A person must not falsely represent himself or herself to be an
authorised person.

Penalty: 10 penalty units.



* * * * *





(3) The penalty prescribed for the purposes of this section for any parking
infringement, other than a penalty for a parking infringement referred to in
subsection (3A) or a penalty fixed by any municipal council or relevant public
authority pursuant to subsection (4), is the amount prescribed by the
regulations in respect of infringements of the kind in question.

(3A) The penalty for a parking infringement constituted by a contravention of
section 90E is 1 penalty unit or the higher amount prescribed by the
regulations in respect of infringements of that kind.

(4) Despite subsection (3)-

   (a)  a municipal council may, by resolution; or

   (b)  a relevant public authority may, with the approval of the Minister-

fix a penalty for a parking infringement in contravention of a regulation
under this Act, that is a regulation in respect of which regulations under
this Act prescribe a penalty, if the penalty to be fixed is not more than 0·5
penalty unit and is not more than the penalty prescribed by the regulations.

(4A) A penalty so fixed under subsection (4) is the penalty prescribed for the
purposes of this section in respect of such a parking infringement occurring-

   (a)  in the case of the municipal council, within the municipal district of
        that municipal council; or

   (b)  in the case of the relevant public authority, on land or premises that
        are vested in or under the control of that authority.

(5) If a municipal council or relevant public authority fixes a penalty under
subsection (4) in relation to a parking infringement, a member of the police
force issuing a parking infringement notice in respect of the infringement may
specify in the notice one or other of the following as the penalty payable
under the notice-

   (a)  the amount fixed by the council or relevant public authority as the
        penalty; or



   (b)  the amount specified by the regulations as the penalty in respect of
        the infringement.

(6) The Minister may, by notice published in the Government Gazette-

   (a)  declare a public authority to be a relevant public authority for the
        purposes of this section; and

   (b)  declare land or premises that are vested in, or under the control of,
        the public authority to be a relevant place for the purposes of this
        section.

(7) The Minister responsible for a relevant public authority may, by notice
published in the Government Gazette, give an approval for the public authority
to fix a penalty under subsection (4).

(8) In this section-

authorised person, for a municipal council or relevant public authority,
means-

   (a)  in the case of a municipal council, a person, other than a member of
        the council's staff, who is given an authority in writing by the
        council, either generally or in a particular case, to serve parking
        infringement notices; or

   (b)  in the case of a relevant public authority, a person, other than a
        member of the authority's staff, who is given an authority in writing
        by the public authority, either generally or in a particular case, to
        serve parking infringement notices; Ministerial approval, in relation
        to a relevant public authority, means an approval given under
        subsection (7) by the Minister responsible for the public authority;
        relevant place, for a relevant public authority, means land or
        premises declared under subsection (6)(b) by the Minister to be a
        relevant place for the relevant public authority; relevant public
        authority means a public authority declared under subsection (6)(a) by
        the Minister to be a relevant public authority.