Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ROAD SAFETY ACT 1986 - SECT 87

Service of parking infringement notices

S. 87(1) amended by Nos 17/1994 s. 13, 25/1996 s. 5(1), 57/1998 s. 4(5)(b)(i), 32/2006 s. 62(2), 69/2007 s. 74(1).

    (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.

S. 87(1AA) inserted by No. 4/2001 s. 29(6).

    (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.

S. 87(1AB) inserted by No. 4/2001 s. 29(6).

    (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.

S. 87(1AC) inserted by No. 4/2001 s. 29(6).

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

S. 87(1AD) inserted by No. 101/2003 s. 25, amended by No. 32/2006 s. 62(2), substituted by No. 69/2007 s. 74(2), amended by Nos 6/2010 s. 203(1)
(Sch. 6 item 42.3) (as amended by No. 45/2010 s. 22), 19/2010 s. 83(1).

    (1AD)     Subject to subsections (1AE) to (1AG), if an authorised officer within the meaning of section 208 of the Transport (Compliance and Miscellaneous) 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.

S. 87(1AE) inserted by No. 19/2010 s. 83(2).

    (1AE)     Before serving or causing to be served a parking infringement notice, an authorised officer within the meaning of section 208 of the Transport Act 1983 (as authorised under section 221AB of that Act) may serve a parking infringement advisory notice.

S. 87(1AF) inserted by No. 19/2010 s. 83(2), amended by Nos 74/2013 s. 33, 70/2016 s. 41(13), 49/2019 s. 116(Sch.  1 item 194).

    (1AF)     A parking infringement advisory notice must state that a parking infringement has been reported to the Department of Transport by the authorised officer.

S. 87(1AG) inserted by No. 19/2010 s. 83(2).

    (1AG)     A parking infringement advisory notice must be served by affixing or placing the notice on the relevant vehicle in a conspicuous manner.

S. 87(1A) inserted by No. 25/1996 s. 5(2), amended by No. 32/2006 s. 62(2), substituted by No. 28/2009 s. 41(1).

    (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.

S. 87(1B) inserted by No. 25/1996 s. 5(2), amended by No. 32/2006 s. 62(2).

    (1B)     If—

S. 87(1B)(a) amended by No. 37/2014 s. 10(Sch. item 147.46).

        (a)     a police officer; or

S. 87(1B)(ab) inserted by No. 43/2011 s. 45(1).

        (ab)     a protective services officer; or

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

S. 87(1B)(c) substituted by No. 28/2009 s. 41(2).

        (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.

S. 87(1BA) inserted by No. 32/2006 s. 62(3).

    (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 .

S. 87(1BB) inserted by No. 32/2006 s. 62(3).

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

S. 87(1C) inserted by No. 25/1996 s. 5(2), amended by No. 28/2009 s. 41(3)(4).

    (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

S. 87(1C)(c) amended by No. 28/2009 s. 41(4).

        (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.

S. 87(1D) inserted by No. 25/1996 s. 5(2), amended by No. 28/2009 s. 41(4)(5).

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

S. 87(1E) inserted by No. 25/1996 s. 5(2).

    (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

S. 87(1E)(c) amended by No. 28/2009 s. 41(4).

        (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.

S. 87(1F) inserted by No. 25/1996 s. 5(2).

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

Penalty:     5 penalty units.

S. 87(1G) inserted by No. 25/1996 s. 5(2), amended by No. 28/2009 s. 41(6).

    (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.

S. 87(1H) inserted by No. 25/1996 s. 5(2), amended by No. 28/2009 s. 41(7).

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

Penalty:     10 penalty units.

S. 87(2) amended by No. 57/1998 s. 4(5)(b)(ii), repealed by No. 32/2006 s. 62(4).

    *     *     *     *     *

S. 87(3) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 105.9), 25/1996 s. 6(1), 28/2009 s. 41(4).

    (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.

S. 87(3A) inserted by No. 25/1996 s. 6(2), amended by No. 10/2004 s. 15(Sch. 1 item 25).

    (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.

S. 87(4) amended by No. 78/1987 s. 17, substituted by Nos 12/1989 s. 4(1)
(Sch. 2 item 105.10) (as amended by No. 13/1990 s. 38(2)(q)), 14/2000 s. 22, amended by No. 81/2006 s. 47, substituted by No. 28/2009 s. 41(8).

    (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.

S. 87(4A) inserted by No. 28/2009 s. 41(8).

    (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.

S. 87(5) inserted by No. 110/2004 s. 35, amended by Nos 28/2009 s. 41(4), 43/2011 s. 45(2), 37/2014 s. 10(Sch. item 147.46).

    (5)     If a municipal council or relevant public authority fixes a penalty under subsection (4) in relation to a parking infringement, a police officer or a protective services officer 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—

S. 87(5)(a) amended by No. 28/2009 s. 41(9).

        (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.

S. 87(6) inserted by No. 28/2009 s. 41(10).

    (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.

S. 87(7) inserted by No. 28/2009 s. 41(10).

    (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).

S. 87(8) inserted by No. 28/2009 s. 41(10).

    (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.

S. 88 amended by No. 44/1989 s. 41(Sch. 2 item 34.4).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback