Offence to drive unregistered vehicle in toll zone
32 Offence to drive unregistered vehicle in toll zone
A person must not drive a vehicle in a toll zone unless the vehicle is registered in respect of that toll zone by the relevant West Gate Tunnel Corporation at that time.
Penalty: 10 penalty units.
If during the course of one 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 the trip.
In a proceeding for an offence against subsection (1), it is a defence to the charge for the driver to prove that the driver believed on reasonable grounds, at the time the offence is alleged to have been committed, that the vehicle—
was registered under this Part in respect of the relevant toll zone by the relevant West Gate Tunnel Corporation; or
was covered by a tollway billing arrangement that was not suspended at the time the offence is alleged to have been committed.
A certificate purporting to be given by the tollway operator certifying that, at the time the offence is alleged to have been committed, the tollway billing arrangement was suspended, is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that, at that time, the tollway billing arrangement was suspended.
In a proceeding for an offence against subsection (1), it is a defence to the charge for the driver to prove—
that the driver received, or was issued, an invoice in respect of the trip that is the subject of the charge; and
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.
S. 32(6) amended by No. 18/2020 s. 158(1)(a).
Despite anything to the contrary in this Act or any other Act (other than the Charter of Human Rights and Responsibilities)—
S. 32(6)(a) amended by No. 18/2020 s. 158(1)(b).
only one criminal proceeding may be commenced in respect of an offence constituted by the driving of any one vehicle in a toll zone during the course of a prescribed period; and
S. 32(6)(b) amended by No. 18/2020 s. 158(1)(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 during the course of a prescribed period—
regardless of how many toll zones the vehicle is driven in during the course of the period and how many trips the vehicle makes during the course of the period and how many different individuals drive the vehicle during the course of the period.
For the purposes of subsection (6), 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.
Subsection (1) does not apply in respect of—
a vehicle that is exempted, in accordance with the regulations, from the requirement to be registered under this Part; and
a vehicle that under the regulations is exempt from the payment of tolls; and
a vehicle that is covered by a tollway billing arrangement that was not suspended at the time the offence is alleged to have been committed.
On a person being found guilty of an offence under subsection (1), any debt that arose under this Part as a result of the person driving in the toll zone in the vehicle that was the subject of the offence is extinguished.
S. 32(10) substituted by No. 18/2020 s. 158(2).
In this section—
invoice means a request for the payment of a toll in respect of a trip and any associated toll administration fee;
prescribed period means—
a period prescribed by the regulations for the purposes of subsection (6); or
if no period is prescribed under paragraph (a), a period of 7 days.
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