Infringement, improvement or prohibition notices
This page has information on rail safety infringement notices, improvement notices and prohibition notices.
An infringement notice may be issued when we have reason to believe that a person has committed an offence against a transport safety or infrastructure law (other than a safety work infringement).
Infringements are prescribed in the Transport (Safety Schemes Compliance and Enforcement) Infringements Regulations 2014 (Vic).
Infringement notices are used to address lower level offences in lieu of prosecution and may be appropriate where:
- The breach of the law is relatively minor or technical in nature (but relying solely on information / guidance / education is insufficient)
- The nature of the breach (for example, in terms of the gravity, potential/actual harm caused) can be immediately assessed, and is 'low' enough that this form of immediate but relatively minor intervention is warranted (bearing in mind the relevant penalty units involved)
- The broader impacts of the breach are such that the public interest is served by taking some level of intervention on the issue (for example, in terms of awareness raising for the sector, deterrence effect)
- A penalty will provide sufficient deterrent against repeat breaches.
If you are issued with a rail safety infringement notice, you may:
- Pay the fine
- Request the matter be reviewed by Transport Safety Victoria
- Choose to have the matter heard by a court.
For more information visit the infringement notices page.
We may issue an improvement notice to deal with a current or likely breach of the:
- Rail Safety (Local Operations) Act 2006 (Vic)
- Other transport safety or infringement laws and associated regulations
or to address operations or services that threaten rail safety.
An improvement notice will require the recipient to take a specified action, before a specified date. Failure to comply with a notice is an offence.
A prohibition notice prohibits a person from carrying out an activity where there is evidence of an immediate risk to safety. This notice has effect until we serve a certificate confirming there is no longer an immediate risk to safety.