Victorian Current Acts Victorian Current ActsS. 73(1) amended by Nos 4/2000 s. 5(1), 74/2007 s. 67.
(1) A person must not drive a vehicle in a toll zone unless the vehicle is registered under this Part in respect of that toll zone by the relevant corporation at that time.
Penalty: 10 penalty units.
(2) If during the course of a 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 that trip.
S. 73(3) amended by Nos 4/2000 s. 5(2), 49/2004 s. 8(1).
(3) In a proceeding for an offence against subsection (1), it is a defence to the charge for the driver to prove that he or she believed on reasonable grounds, at the time the offence is alleged to have been committed, that the vehicle—
S. 73(3)(a) inserted by No. 49/2004 s. 8(1).
(a) was registered under this Part in respect of the relevant toll zone by the relevant corporation; or
S. 73(3)(b) inserted by No. 49/2004 s. 8(1), amended by No. 75/2010 s. 7(1).
(b) was covered by a tollway billing arrangement that was not suspended at the time the offence is alleged to have been committed.
S. 73(3A) inserted by No. 110/2004 s. 11(1).
(3A) In a proceeding for an offence against subsection (1), it is a defence to the charge for the driver to prove—
(a) that he or she received, or was issued, an invoice in respect of the trip that is the subject of the charge; and
(b) 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. 73(3B) inserted by No. 95/2005 s. 3(2).
(3B) In subsection (3A), "invoice" means a request for the payment of a toll in respect of the trip and any associated toll administration fee.
S. 73(3C) inserted by No. 75/2010 s. 7(2).
(3C) 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.
S. 73(4) substituted by No. 8/2019 s. 120(1), amended by No. 18/2020 s. 137(1)(a).
(4) Despite anything to the contrary in this Act or any other Act (other than the Charter of Human Rights and Responsibilities)—
S. 73(4)(a) amended by No. 18/2020 s. 137(1)(b).
(a) 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. 73(4)(b) amended by No. 18/2020 s. 137(1)(b).
(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.
S. 73(4A) inserted by No. 45/1999 s. 48(1), amended by No. 49/2004 s. 8(2)(a)(b).
(4A) For the purposes of subsection (4), 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.
(5) Subsection (1) does not apply in respect of a vehicle if it is exempted, in accordance with the regulations, from the requirement to be registered under this Part.
(6) Subsection (1) does not apply in respect of a vehicle that under the regulations is exempt from the payment of tolls.
S. 73(7) inserted by No. 49/2004 s. 8(3), amended by No. 75/2010 s. 7(3).
(7) Subsection (1) does not apply in respect of a vehicle covered by a tollway billing arrangement that was not suspended at the time the offence is alleged to have been committed.
S. 73(8) inserted by No. 110/2004 s. 11(2), amended by No. 8/2019 s. 120(2).
(8) On a person being found guilty of an offence under subsection (1), any debt that arose under section 72 as a result of the person driving in the toll zone in the vehicle that was the subject of the offence is extinguished.
S. 73(9) inserted by No. 18/2020 s. 137(2).
(9) In this section—
"prescribed period "means—
(a) a period prescribed by the regulations for the purposes of subsection (4); or
(b) if no period is prescribed under paragraph (a), a period of 7 days.
S. 73A inserted by No. 102/1998 s. 15.