Road Transport (Offences) Regulation 2005

This regulation is the Road Transport (Offences) Regulation 2005.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘school zone—see the Road Transport (Road Rules) Regulation 2017, section 23 (2).’ means that the term ‘school zone’ is defined in that section and the definition applies to this regulation.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

In this part:

identifying particulars—

for an animal involved in an infringement notice offence—see section 4B; and

for a registrable vehicle involved in an infringement notice offence—see section 4C; and

for a light rail vehicle involved in an infringement notice offence—see section 4CA; and

for an authorised person—see section 4D.

In this part:

identifying particulars, for an animal involved in an infringement notice offence, means the following particulars:

species;

colour;

any identification or registration tags;

any collar;

any brands or tattoos;

any marks or scars;

any other noticeable distinguishing marks or features;

breed;

sex;

age;

any electronically coded implant.

Subsection (1) (e) to (k) does not apply if it is not possible for the person issuing the infringement notice to decide those particulars.

In this part:

identifying particulars, for a registrable vehicle involved in an infringement notice offence, means the following particulars:

any registration number;

body type;

if there is no numberplate on the vehicle and a vehicle or engine identification number for the vehicle is known—the vehicle or engine identification number;

make;

the identifier (if any) for the jurisdiction of registration shown on any numberplate;

if relevant to the offence—the number of passengers in the vehicle.

For an offence detected by a traffic offence detection device, subsection (1) (d) to (f) does not apply if it is not possible to decide those particulars from the image taken by the traffic offence detection device.

In this part:

identifying particulars, for a light rail vehicle involved in an infringement notice offence, means the unique identification number displayed on the light rail vehicle by the rail transport operator for the light rail vehicle.

For an offence detected by a traffic offence detection device, subsection (1) does not apply if it is not possible to decide those particulars from the image taken by the traffic offence detection device.

In this part:

identifying particulars, for an authorised person, means—

a police officer’s service number if the authorised person is—

for heavy vehicle infringement notice offences—an authorised officer who is a police officer; or

for infringement notice offences—a police officer; and

for an authorised person authorised by the administering authority for an infringement notice offence to serve infringement or reminder notices for the offence—the unique number given to the person by the administering authority under section 11 (People authorised for infringement notices etc to have unique number); and

the identification number allocated to an authorised officer under the Heavy Vehicle National Law (ACT), section 486 (1) if the authorised person is—

for heavy vehicle infringement notice offences—an authorised officer, other than a police officer; or

for infringement notice offences—an authorised officer.

In this part:

discharge action, in relation to a person served with an infringement notice, means—

the person enters into an infringement notice management plan for the infringement notice penalty; or

the infringement notice penalty is added to the person’s infringement notice management plan; or

the administering authority waives the infringement notice penalty.

An infringement notice offence is an offence mentioned in schedule 1 for which column 5 of the item applying to the offence contains—

an infringement penalty; or

for an offence against the Heavy Vehicle National Law (ACT)—

an infringement penalty; or

the text ‘HVINO’.

Note HVINO—see schedule 1, section 1.1.

The penalty payable by a person under an infringement notice for an infringement notice offence mentioned in schedule 1 is—

if there is a single amount mentioned in column 5 of the item applying to the offence—the amount; or

if there is more than 1 amount mentioned in column 5 of the item applying to the offence—the amount applying to the person; or

if the text ‘HVINO’ appears in column 5 of the item applying to the offence—the amount that is 10% of the maximum penalty for the person for the offence.

Note HVINO—see schedule 1, section 1.1.

However, the penalty payable by a corporation for an infringement notice offence (other than an offence against the Road Transport (Road Rules) Regulation 2017, part 12 (Restrictions on stopping and parking)) is—

for a heavy vehicle infringement notice offence—; or

in any other case—worked out as follows:

In this section:

P means the penalty payable by an individual under subsection (1) for the infringement notice offence.

The cost of serving a reminder notice for an infringement notice offence is $34.