221XOverdimensional vehicles crossing tracks

221X Overdimensional vehicles crossing tracks S. 221X(1) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 7/2019 s. 51(1)(a)(b), 49/2019 s. 186(Sch. 4 item 45.38). (1) A person must not, except in accordance with a permit granted by the Head, Transport for Victoria under section 221XA, drive or convey, or attempt to drive or convey, across a railway track— S. 221X(1)(a) amended by No. 75/2010 s. 24(2), substituted by No. 7/2019 s. 51(1)(c). (a) a vehicle of a mass that exceeds a mass limit that applies to that vehicle under a mass requirement within the meaning of the Heavy Vehicle National Law (Victoria); or (b) a vehicle which, either by itself or in combination with any load carried by it, exceeds— (i) the maximum allowable length; or (ii) the maximum allowable height (when measured from the highest surface of the track to be crossed); or (iii) the maximum allowable width— specified by notice under section 221ZA; or (c) a vehicle which may obstruct, displace or interfere with— (i) the track to be crossed; or S. 221X(1) (c)(ii) substituted by No. 7/2019 s. 51(1)(d). (ii) rail infrastructure in the vicinity of the track. S. 221X(2) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 7/2019 s. 51(2)(a)(b), 49/2019 s. 186(Sch. 4 item 45.38). (2) A person must not, except in accordance with a permit granted by the Head, Transport for Victoria under section 221XA, drive or convey, or attempt to drive or convey, across or along a tramway track— S. 221X(2)(a) amended by No. 75/2010 s. 24(2), substituted by No. 7/2019 s. 51(2)(c). (a) a vehicle of a mass that exceeds a mass limit that applies to that vehicle under a mass requirement within the meaning of the Heavy Vehicle National Law (Victoria); or (b) a vehicle which, either by itself or in combination with any load carried by it, exceeds— (i) the maximum allowable length; or (ii) the maximum allowable height (when measured from the highest surface of the track to be crossed); or (iii) the maximum allowable width— specified by notice under section 221ZA; or S. 221X(2)(c) substituted by No. 7/2019 s. 51(2)(d). (c) a vehicle that may obstruct, displace or interfere with— (i) the track to be driven across or along; or (ii) any tram infrastructure in the vicinity of the track. (3) A person charged with an offence under subsection (1) or (2) does not have the benefit of the mistake of fact defence. Section 221V sets out how subsection (3) operates. S. 221X(4) amended by Nos 75/2010 s. 24(2), 7/2019 s. 51(3)(a)(b). (4) If a vehicle of a mass that exceeds a mass limit that applies to that vehicle under a mass requirement within the meaning of the Heavy Vehicle National Law (Victoria) is driven or conveyed or attempted to be driven or conveyed— (a) across a railway track in contravention of subsection (1); or S. 221X(4)(b) amended by No. 7/2019 s. 51(3)(c). (b) across or along a tramway track in contravention of subsection (2)— the person charged with an offence under subsection (1) or (2) has the benefit of the reasonable steps defence so far as it relates to reliance on the weight stated in a container weight declaration. Section 221Z sets out how this defence operates. S. 221X(5)(6) amended by No. 61/2011 s. 25(Sch. 1 item 13.6), repealed by No. 7/2019 s. 51(4). S. 221X(7) repealed by No. 7/2019 s. 51(4). S. 221X(8) amended by Nos 61/2011 s. 25(Sch. 1 item 13.12), 61/2011 s. 25(Sch. 1 item 13.6), repealed by No. 7/2019 s. 51(4). S. 221X(9) amended by No. 61/2011 s. 25(Sch. 1 item 13.6), repealed by No. 7/2019 s. 51(4). S. 221XA inserted by No. 7/2019 s. 52. 221XA Permit for overdimensional vehicles to cross tracks S. 221XA(1) amended by No. 49/2019 s. 186(Sch. 4 item 45.39). (1) A person may apply to the Head, Transport for Victoria for a permit to drive or convey a vehicle— (a) across a railway track for the purposes of section 221X(1); or (b) across or along a tramway track for the purposes of section 221X(2). (2) An application under subsection (1) must be accompanied by the fee specified by notice under section 221ZA for an application of that kind. S. 221XA(3) amended by No. 49/2019 s. 186(Sch. 4 item 45.39). (3) On receiving an application under subsection (1), the Head, Transport for Victoria may— (a) grant the application and issue the permit; or (b) refuse to grant the application. S. 221XA(4) amended by No. 49/2019 s. 186(Sch. 4 item 45.39). (4) The Head, Transport for Victoria may impose conditions on a permit granted under subsection (3). S. 221XB inserted by No. 7/2019 s. 52. 221XB Additional charges S. 221XB(1) amended by No. 49/2019 s. 186(Sch. 4 item 45.40(a)). (1) If, in the opinion of the Head, Transport for Victoria, one or more employees in the Department must, in the interests of safety, be present when the vehicle is driven or conveyed across the railway track or is driven or conveyed across or along the tramway track, the Head, Transport for Victoria may, in addition to the fee referred to in section 221XA(2), impose any other charge specified by notice under section 221ZA. S. 221XB(2) amended by No. 49/2019 s. 186(Sch. 4 item 45.40(b)). (2) If, in the opinion of the Head, Transport for Victoria, one or more employees or agents of Rail Track, a passenger transport company or a rail freight operator must, in the interests of safety, be present when the vehicle is driven or conveyed across the railway track or is driven or conveyed across or along the tramway track, Rail Track, the passenger transport company or the rail freight operator may impose a charge specified by notice under section 221ZA. S. 221XC inserted by No. 7/2019 s. 52. 221XC Refunds S. 221XC(1) amended by No. 49/2019 s. 186(Sch. 4 item 45.41). (1) The Head, Transport for Victoria may— (a) refund, in whole or in part, any fee or charge paid under section 221XA or 221XB; or (b) waive, in whole or in part, any fee or charge payable under section 221XA or 221XB. (2) Rail Track, a passenger transport company or a rail freight operator may— (a) refund, in whole or in part, any charge paid under section 221XB; or (b) waive, in whole or in part, any charge payable under section 221XB. S. 221XD inserted by No. 7/2019 s. 52, amended by No. 49/2019 s. 186(Sch. 4 item 45.42). 221XD Offence to fail to comply with permit conditions A person must comply with any conditions imposed by the Head, Transport for Victoria on a permit granted under section 221XA. Penalty: 20 penalty units. S. 221Y inserted by No. 9/2006 s. 122. 221Y Operators of overdimensional vehicles crossing tracks without permission also guilty of offence S. 221Y(1) amended by No. 7/2019 s. 53(1)(a). (1) If a vehicle is driven or conveyed or attempted to be driven or conveyed— (a) across a railway track in contravention of section 221X(1); or S. 221Y(1)(b) amended by No. 7/2019 s. 53(1)(b). (b) across or along a tramway track in contravention of section 221X(2); or S. 221Y(1)(c) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 7/2019 s. 53(1)(c), 49/2019 s. 186(Sch. 4 item 45.43). (c) not in accordance with a condition imposed by the Head, Transport for Victoria on a permit granted under section 221XA— the operator of the vehicle is guilty of an offence and is liable to a penalty not exceeding 20 penalty units. (2) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Section 221V sets out how subsection (2) operates. S. 221Y(3) amended by Nos 75/2010 s. 24(2), 7/2019 s. 53(2)(a). (3) If a vehicle that exceeds a mass limit that applies to that vehicle under a mass requirement within the meaning of the Heavy Vehicle National Law (Victoria) is driven or conveyed or attempted to be driven or conveyed— (a) across a railway track in contravention of section 221X(1); or S. 221Y(3)(b) amended by No. 7/2019 s. 53(2)(b). (b) across or along a tramway track in contravention of section 221X(2)— the person charged with an offence under subsection (1)(a) or (b) has the benefit of the reasonable steps defence so far as it relates to reliance on the weight stated in a container weight declaration. Section 221Z sets out how this defence operates. S. 221Z inserted by No. 9/2006 s. 122. 221Z Reasonable steps defence—reliance on container weight declaration (a) a person is charged with an offence under section 221X(1) or (2); or (b) the operator of a vehicle is charged with an offence under section 221Y(1)(a) or (b)— and the person or operator has (as the case requires) the benefit, under section 221X(4) or 221Y(3), of the reasonable steps defence so far as it relates to reliance on the weight stated in a container weight declaration. (2) To the extent that the weight of a freight container and its contents is relevant to the offence, the person charged may rely on the weight stated in the relevant container weight declaration, unless it is established that the person knew, or ought reasonably to have known, that— (a) the stated weight was lower than the actual weight; or S. 221Z(2)(b) amended by Nos 75/2010 s. 24(2), 7/2019 s. 54. (b) the distributed weight of the container and its contents, together with— (i) the mass or location of any other load; or (ii) the mass of the vehicle or any part of it— would result in the breach of a mass limit that applies under a mass requirement within the meaning of the Heavy Vehicle National Law (Victoria). S. 221ZA inserted by No. 9/2006 s. 122, amended by No. 61/2011 s. 25(Sch. 1 item 13.6), substituted by No. 7/2019 s. 55. 221ZA Specification of vehicle limits and fees for overdimensional vehicles crossing tracks S. 221ZA(1) amended by No. 49/2019 s. 186(Sch. 4 item 45.44). (1) The Head, Transport for Victoria, by notice published in the Government Gazette, may specify any one or more of the following— (a) subject to subsection (2), the maximum allowable length, height or width for a vehicle either by itself or in combination with any load carried by it for the purposes of section 221X(1) or (2); (b) the fee payable for the application for a permit under section 221XA; (c) any charge imposed under section 221XB(1) or (2). (2) The maximum allowable width that may be specified by notice under this section for the purposes of section 221X(1) must not be less than 5 metres. S. 221ZA(2A) inserted by No. 34/2023 s. 65. (2A) For the purposes of subsection (1)(a) and subject to subsection (2), a notice may differ according to differences in time, place or circumstance. (3) A fee specified by notice under this section for an application for a permit under section 221XA may differ according to differences in the nature of the application. (4) A charge specified by notice under this section for the purposes of section 221XB(1) or (2) may differ according to differences in time, place or circumstance. S. 221ZB inserted by No. 9/2006 s. 122. 221ZB Animals on railway tracks A person must not take or attempt to take an animal across railway tracks at a pedestrian or level crossing— (a) when warning signals or devices are operating at the crossing; or (b) when gates at the crossing are closed or locked; or (c) when a rail vehicle is entering the crossing; or (d) when a rail vehicle can be seen or heard approaching and there would be a danger of a collision with the animal if it entered the crossing; or (e) if the crossing or the path beyond the crossing is blocked; or (f) when directed not to do so by an authorised person. S. 221ZC inserted by No. 9/2006 s. 122. 221ZC Placing things on tracks A person must not place any thing on a railway track or a tramway track unless the person is driving a vehicle and places the vehicle on a railway track or tramway track in the normal course of driving. S. 221ZD inserted by No. 9/2006 s. 122. 221ZD Mounting a place not intended for travel etc. (1) A person must not, without reasonable excuse, mount or attempt to mount a part of a locomotive, rail vehicle or road vehicle not intended for the purpose of travel by passengers. 1. 15 penalty units. Mounting roof of a rail vehicle or road vehicle, leading brake van of a rail vehicle, brake van of a rail vehicle, driver's cabin of a road vehicle, coupling or communication platform of a rail vehicle. (2) A person must not, without reasonable excuse, walk or climb on any part of rail premises not intended for use by passengers or the public. 1. 15 penalty units. S. 221ZE inserted by No. 9/2006 s. 122. 221ZE Travelling in a place not intended for travel etc. (1) A person must not, without reasonable excuse, travel or attempt to travel on a part of a locomotive, rail vehicle or road vehicle not intended for the purpose of travel. Travelling on the roof of a rail vehicle or road vehicle, leading brake van of a rail vehicle, brake van of a rail vehicle, driver's cabin of a road vehicle, coupling or communication platform of a rail vehicle. (2) A rider of a bicycle or a person in or on a wheeled recreational device or wheeled toy must not attach or attempt to attach himself or herself or another person or the bicycle, wheeled recreational device or wheeled toy to the exterior of a rail vehicle or road vehicle for any purpose. A bicycle rider attached to a tram to enable the rider and the bicycle to be pulled along behind the tram. S. 221ZF inserted by No. 9/2006 s. 122. 221ZF Applying brake or emergency device A person must not, without reasonable excuse— (a) apply any brake or make use of any emergency device fitted to a rail vehicle or road vehicle; or (b) make use of any emergency device on rail premises. Emergency devices include an emergency button on a station communication board or on an escalator. S. 221ZG inserted by No. 9/2006 s. 122. 221ZG Stopping a rail vehicle or road vehicle A person must not, without reasonable excuse, cause or attempt to cause a rail vehicle or road vehicle in motion to be stopped. S. 221ZH inserted by No. 9/2006 s. 122. 221ZH Operating equipment S. 221ZH(1) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.45). (1) A person must not, without the permission of an authorised person— (a) move or attempt to move; (b) interfere or attempt to interfere with; (c) tamper or attempt to tamper with; (d) operate or attempt to operate— any equipment, rail vehicle or road vehicle, owned or operated by a passenger transport company, bus company or the Head, Transport for Victoria in connection with the operation of a passenger service. (2) A person must not, without the permission of an authorised person— (a) move or attempt to move; (b) interfere or attempt to interfere with; (c) tamper or attempt to tamper with; (d) operate or attempt to operate— any equipment, rail vehicle, owned or operated by a rail freight operator in connection with its rail freight service or by Rail Track. S. 221ZI inserted by No. 9/2006 s. 122. 221ZI Permitting drainage A person must not cause or permit drainage or sewage to flow or empty from any premises occupied by the person onto land or premises the property of Rail Track. Pt 7 Div. 4AB (Heading) inserted by No. 63/1999 s. 13(3). Division 4AB—Further offences S. 222 amended by Nos 100/1986 s. 36(1), 44/1989 s. 40(Sch. 1 items 2.2, 19.1), 120/1993 ss 66(9)(10), 68, 68/1995 s. 48, 98/1998 s. 25(e), 30/2000 s. 25, 54/2001 s 20, 45/2005 s. 26, 47/2006 s. 31(1)(Sch. 1 Pt 1 item 32), repealed by No. 9/2006 s. 123. S. 222A inserted by No. 45/2005 s. 27 (as amended by No. 95/2005 s. 20), amended by No. 47/2006 s. 31(1)(Sch. 1 Pt 1 item 33), repealed by No. 95/2005 s. 42. S. 222B inserted by No. 69/2007 s. 24.