Sch 4Expiation of offences

Schedule 4—Expiation of offences 1—Expiation of alleged offences (1) The expiation fees set out in this Schedule are fixed for alleged offences against the Act or the rules or regulations specified in this Schedule. (2) Text set out in italic type under a heading in this Schedule commencing with the words "Description of offence" is a description for convenience purposes only and is not to be taken to define the offence for which a particular amount is fixed as the expiation fee. 2—Photographic detection devices The expiation fee for an alleged offence against section 79B(2) of the Act constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an expiable offence is the same as the expiation fee payable for that expiable offence. 3—Expiation fee for certain offences at average speed camera locations Despite any other provision of this Schedule, the expiation fee for— (a) an alleged offence constituted of a contravention of or failure to comply with— (i) rule 132(2) of the Australian Road Rules (Keeping to the left of the centre of a road or the dividing line); or (ii) rule 150(1) of the Australian Road Rules (Driving on or across a continuous white edge line); or (b) an alleged offence against section 164A(1) of the Road Traffic Act 1961 constituted of a contravention of or failure to comply with section 110 of the Act (Driving on sealed surface), is $1 138 if the contravention or failure to comply takes place within 100 metres of a stub line at an average speed camera location. 4—Expiation fee for certain Road Rules contraventions within 100 metres of Safe‑T‑Cam photographic detection device Despite any other provision of this Schedule, the expiation fee for an alleged offence constituted of contravention by the driver of a heavy vehicle of any of the following provisions of the Australian Road Rules is $698 if the contravention takes place within 100 metres of a Safe‑T‑Cam photographic detection device: (a) rule 95(1) (Emergency stopping lane only signs); (b) rule 126 (Keeping a safe distance behind vehicles); (c) rule 127(1) (Keeping a minimum distance between long vehicles); (d) rule 132(2) (Keeping to the left of the centre of a road or the dividing line); (e) rule 146(1) (Driving within a single marked lane or line of traffic); (f) rule 147 (Moving from one marked lane to another marked lane across a continuous line separating the lanes); (g) rule 150(1) (Driving on or across a continuous white edge line); (h) rule 215(1) (Using lights when driving at night or in hazardous weather conditions). 5—Lesser expiation fee if motor vehicle not involved (1) Despite the fees fixed in the tables in this Schedule, the expiation fee is $70 for an alleged offence (other than an offence referred to in subclause (2)) constituted of— (a) driving, towing, stopping or parking a vehicle other than a motor vehicle; or (b) travelling in or on a wheeled recreational device or wheeled toy. (2) Subclause (1) does not apply in the case of— (a) an offence constituted of failing to comply with the lawful directions of a person; or (b) an offence constituted of driving, towing, stopping, parking or travelling in or on, an electric personal transporter; or (ba) an offence against regulation 30A(4), (5), (9), (10), (12), (13) or (14) of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014; or (c) an offence against section 164A(1) of the Act comprising a contravention of or failure to comply with section 99B(1), 162C(1), 162C(2) or 162C(2a) of the Act; or (d) an offence against rule 240(1), 240(2), 241(1), 244(2), 244B, 244C, 254(2), 256(1), 256(2) or 256(3) of the Australian Road Rules. 6—Prescribed roads—offences against section 45A of Act involving road trains (1) For the purposes of determining the expiation fee for an offence against section 45A of the Act, a road train is driven on a prescribed road if it is driven on a length of road with a prescribed speed limit (road trains) of 90 kilometres per hour or more. (2) In this clause— prescribed speed limit (road trains) means a prescribed speed limit (road trains) imposed under regulation 8(4) of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014. Different penalties apply in respect of road trains being driven on prescribed roads—see the item relating to offences against section 45A in Part 2 of this Schedule.