Transport safety infringement notices
Transport safety infringement notices are one of a range of enforcement tools available in response to breaches of transport safety law.
We may issue a transport safety infringement notice where:
- The breach(es) are relatively minor
- The offence is capable of being remedied quickly and easily and
- Where a fine is likely to be an efficient deterrent.
A 'transport safety infringement' is defined in section 3 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 (Vic) (TSSCEA) as a prescribed (specified in regulations) offence against a transport safety or infringement law (other than a safety work infringement), which is defined in section 3 of the TSSCEA to include:
- In the case of an accredited bus operator or a registered bus operator – a provision of the Bus Safety Act 2009 (Vic) or the regulations made under that Act;
- In the case of a rail transport operator – a provision of the Rail Safety (Local Operations) Act 2006 (Vic) or the regulations made under that Act;
- A marine or port infringement law - defined in section 3 of the TSSCEA to mean:
- a provision of the Marine Safety Act 2010 (Vic) or any regulations made under that Act; or
- a provision of the Marine (Drug, Alcohol and Pollution Control) Act 1988 or any regulations made under that Act; or
- a provision of the Port Management Act 1995 (Vic) or any regulations made under that Act.
Examples of these include:
- As master of a vessel, tow a person without using an observer
- Act as master of an overloaded recreational vessel or hire and drive vessel
- As master of a power-driven vessel, fail to ensure vessel keeps out of the way
- Failing to allow a vessel or equipment on vessel to be inspected
- Failing to carry the required safety equipment on a recreational vessel
- As owner, cause or allow an unregistered vessel or vessel not exempt from registration to be operated
- Failing to comply with direction to undertake investigation into bus incident
- Failing to keep records in safe and secure location for specified period (bus operations)
- Failing to ensure required safety notices are displayed in bus.
What do I do if I've received an infringement notice?
If you have received a transport safety infringement notice, you have the following options:
Pay the fine in full
- An infringement notice provides the recipient at least 28 days to pay the fine or take other action. The due date for payment is clearly specified on the notice along with the fine amount to be paid.
- The matter is resolved upon full payment of the fine. If a fine is not paid on time, a penalty reminder notice will be issued and additional costs will be incurred by the person who received the fine.
Apply to pay the fine by instalments
The Infringements Act 2006 (Vic) allows fines to be paid by instalments in certain circumstances. To be eligible for a payment plan, the person receiving the infringement notice must be a 'natural person' (not a company) and must have one of the following:
- Centrelink Pensioner Concession Card
- Department of Veterans' Affairs Pensioner Concession Card or Gold Card
- Centrelink Health Care Card (any type, including non-means tested)
Request an internal review
The Infringements Act 2006 allows anyone who receives an infringement notice to apply for an internal review by the issuing agency (in this case TSV).
You can apply for a review of an infringement notice if you believe that the notice was issued contrary to the law or involved mistaken identity or if exceptional or special circumstances apply, which are specifically defined in Infringement Act 2006 (Vic).
An application for internal review needs to be made in writing, must include why the decision should be reviewed and current address details. An internal review cannot be made after the payment period specified in the infringement notice has passed.
Applications for internal review of transport safety infringement notices must be submitted via Civic Compliance, details are available at http://online.fines.vic.gov.au
Upon receiving an internal review application we will review the decision in line with the requirements of the Infringement s Act 2006 (Vic).
Elect to go to court
Where the recipient does not want the offence to be dealt with as an infringement notice they are able to take the matter to the Magistrates Court to be determined at a formal hearing.
If the matter goes to court the magistrate will decide the case and any appropriate penalty. This may result in the court ordering a higher penalty than the initial one under the infringement notice. Alternatively, the court may decide on an alternative sentence available to it under the Sentencing Act 1991 (Vic).
Further information on any of the matters raised above and relevant forms are available from the Victorian Government Fines website.