88Traffic infringements

88 Traffic infringements S. 88(1) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 105.11), 53/1989 s. 17(a), 60/1994 s. 29(12)(a)(b), 44/1997 s. 34(1), 46/1998 s. 7(Sch. 1), 57/1998 s. 4(5)(c)(i), 32/2006 s. 63(1), 77/2011 s. 5(1), 68/2017 s. 30(1), 41/2020 s. 30. (1) A person who is referred to in section 77(2)(a), (c) or (dc) who has reason to believe that a person has committed a traffic infringement of a kind that is prescribed for the purposes of this Part may issue or cause to be issued and serve or cause to be served on that person a traffic infringement notice. S. 88(1AAA) inserted by No. 26/2025 s. 5(1). (1AAA) A protective services officer who has reason to believe that a person has committed an electric scooter offence that is a traffic infringement may issue or cause to be issued and serve or cause to be served on that person a traffic infringement notice. S. 88(1AAB) inserted by No. 25/2025 s. 14(1). (1AAB) A person who is referred to in section 77(2)(ca) who has reason to believe that a person has committed a traffic infringement may issue or cause to be issued and serve or cause to be served on that person a traffic infringement notice if the traffic infringement is— (a) of a kind prescribed for the purposes of this Part; and (b) an offence to which section 66 applies; and (c) not an excessive speed infringement. S. 88(1AA) inserted by No. 32/2006 s. 63(2), amended by Nos 25/2025 s. 14(2), 26/2025 s. 5(2). (1AA) Subject to this Act, an offence referred to in subsection (1), (1AAA) or (1AAB) for which a traffic infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**. S. 88(1A) inserted by No. 53/1989 s. 17(b), amended by Nos 5/1990 s. 11(7), 44/1997 s. 34(2), 111/2003 s. 20(1), 28/2009 s. 42, 37/2014 s. 10(Sch. item 147.46), 25/2025 s. 14(3). (1A) Despite subsection (1) and subject to subsection (1AAB), a traffic infringement notice in respect of a drink-driving infringement, a drug-driving infringement or of an infringement detected by a prescribed road safety camera, may only be issued or caused to be issued by a police officer. S. 88(2) amended by Nos 53/1989 s. 17(c), 57/1998 s. 4(5)(c)(ii), 94/2003 s. 8(28), substituted by No. 32/2006 s. 63(3), amended by Nos 25/2025 s. 14(4), 26/2025 s. 5(3). (2) For the purposes of subsections (1), (1AAA) and (1AAB), a traffic infringement notice— (a) must be in the form required by section 13 of the **Infringements Act 2006**; and (b) must also state— (i) in the case of a traffic infringement notice in respect of a drink-driving infringement, the concentration of alcohol alleged to have been present in the person's blood or breath; and (ii) in the case of a traffic infringement notice in respect of an excessive speed infringement, the speed at which the motor vehicle is alleged to have been driven and the permitted speed; and (c) may contain any additional prescribed details. S. 88(2A) inserted by No. 32/2006 s. 63(3). (2A) Regulations made for the purposes of subsection (2) must not be inconsistent with the **Infringements Act 2006**. S. 88(3) amended by Nos 57/1998 s. 4(5)(c)(iii), 49/2004 s. 36(1), 32/2006 s. 63(4)(a)(b). (3) Despite anything to the contrary in the **Infringements Act 2006**, a traffic infringement notice of a kind referred to in section 89A may be withdrawn, whether the appropriate penalty has been paid or not, at any time within 28 days of the service of the notice, by serving on the alleged offender, in accordance with the regulations, a withdrawal notice which contains the prescribed particulars and is signed by a prosecution officer. S. 88(3AA) inserted by No. 49/2004 s. 36(2), amended by No. 21/2005 s. 57(1)(h), substituted by No. 32/2006 s. 63(5). (3AA) Despite subsection (3) of this Act or section 18 of the **Infringements Act 2006**, a traffic infringement notice cannot be withdrawn under those provisions— S. 88(3AA)(a) substituted by No. 47/2014 s. 301, amended by No. 17/2022 s. 80. (a) where the outstanding amount of an infringement penalty in respect of an infringement offence is registered with the Director, Fines Victoria under the **Fines Reform Act 2014**; or S. 88(3AA)(b) amended by No. 48/2006 s. 42(Sch. item 31.1). (b) where the infringement penalty is registered under Schedule 3 to the **Children, Youth and Families Act 2005**. S. 88(3A) inserted by No. 5/1990 s. 11(8), amended by Nos 32/2006 s. 63(6), 37/2014 s. 10(Sch. item 147.46). (3A) Despite subsection (3) or section 18 or 19 of the **Infringements Act 2006**, a withdrawal notice in relation to a traffic infringement notice of a kind referred to in subsection (1A) must be signed by a police officer. S. 88(4) substituted by No. 32/2006 s. 63(7). (4) If, in relation to a traffic infringement of a kind referred to in section 89A, the amount specified in the infringement notice as the penalty for the infringement has been paid before the notice is withdrawn the amount so paid must be refunded upon the notice of withdrawal being given. S. 88(5) amended by Nos 77/2011 s. 5(2), 68/2017 s. 30(2). (5) The penalty for the purposes of this section in respect of any traffic infringement is the amount prescribed in respect of that infringement. S. 88(5A) inserted by No. 77/2011 s. 5(3), repealed by No. 68/2017 s. 30(3). S. 88(6) amended by Nos 57/1998 s. 4(5)(c)(iv), 41/2020 s. 30. (6) A person referred to in section 77(2)(a), (c) or (dc) who has reason to believe that a person (other than the driver of a motor vehicle) has committed a traffic infringement may require that person to state his or her name and address. (7) A person must not refuse or fail to state his or her name and address, or state a false name or address. 1. 2 penalty units. S. 89 (Heading) inserted by No. 32/2006 s. 64(1).