Toll Infringement Lawyers

Navigating the toll infringement system in Victoria can be daunting, especially given the complex interplay between toll companies and the legal system. The system generates a significant volume of infringements, making it one of the most common issues that land in court. Notably, private toll companies benefit from a system that allows them to leverage public resources for debt collection, leading to high fees and penalties that can transform a simple toll into a substantial financial burden.

For those who find themselves facing hefty fines due to toll infringements, it’s important to understand the process and your options. From receiving initial toll invoices to dealing with overdue notices and final demands, the road to resolution can be fraught with confusion. Additionally, the involvement of Victoria Police as an enforcement agency adds another layer of complexity.

Whether you’re dealing with an initial toll invoice or facing an infringement notice from Victoria Police, we provide the expertise and support you need to navigate these challenges effectively.

The Toll Infringement System in Victoria

The toll infringement system in Victoria creates incredible challenges for the criminal justice system and produces by far the most infringements to come before the Court. From the outset, without becoming too political, it has not escaped our notice that Toll companies are afforded a publicly funded, harsh and powerful debt collection system. By virtue of the legislation passed in relation to tollways, private toll companies can make billions in profits and then utilise the Victoria Police and the Sheriff’s Office to debt collect for them. So not only does the public pay for the tollway, we pay for these companies to debt collect through the Courts without paying any legal or Court fees. What other private company can boast the same privilege?

Understanding Toll Infringement Fees

It is also apparent that incredible fees are generated from toll infringements: “administration fees”, “penalty fees”, “court fees”. These convert a toll that was perhaps $12-13 into an infringement that can increase to $150-250!

In these circumstances, it is understandable that it becomes all too much for those in the community who (admittedly) have not paid to use the tollway, but then are served with thousands and sometimes tens of thousands of dollars in “infringements”. A ten minute trip on the Eastlink all of a sudden costs you more than a return trip to Noosa!

However, there are options available to you to appeal an infringement, apply for revocation of an enforcement order or to have the matter heard in Court before a Registrar or Magistrate.

Steps in the Toll Infringement Process 

If you are alleged to have driven on the tollway without an active toll account (either by way of an e-tag or licence plate recognition account), the first thing you will receive is a toll invoice. On the back of the first page, you will see that it lists the date the toll was incurred, the vehicle licence plate and the total due. On the front page, you will see that there is an invoice number, which is the reference number at this stage of the process. If you don’t pay you initial Toll Invoice, you will be sent an Overdue Notice, that will charge a further amount (usually $4-10 on top of the initial Toll). If you don’t pay the Overdue Notice, you will usually be sent a Final Notice.

Most people don’t know this but both Citylink and Eastlink operate under their own legislation:

1. Eastlink Project Act 2004; and
2. Melbourne City Link Act 1995.

Why is this relevant? Both Acts contain provisions in relation to toll offences, what evidentiary burden is placed on the tollway to prove that you in fact drove on it and defences available to a person served with a Toll Invoice or Overdue Toll Invoice. For example, section 204(4) of the Eastlink Project Act 2004 provides that it is a defence to an offence of driving an unregistered vehicle on the tollway if the drivelled believed on reasonable grounds, at the time of the offence, that the vehicle was registered and subject to a tollway billing arrangement. Depending on your particular case, you may want to check these Acts to see whether they provide a defence. You can then contact the Tollway directly and raise it with them, if you object to the Toll Notice, and you may avoid it being referred to the Victoria Police Traffic Camera Office.

Infringement Notice from the Victoria Police

Once the Tollway has exhausted its notices, it refers the matter to the Victoria Police, which acts as its ‘Enforcement Agency’. On the front of the Notice there is an obligation number. This is a different number than the invoice number that was included on the original Toll Invoices.

[NOTE: At various stages in the infringement process, different reference numbers are assigned to the various Notices and Orders. This makes it terribly confusing. The same toll can generate a different invoice number, infringement notice number, obligation number, court case number. This means that you need to try and consolidate all of the documentation that relate to the same tolls so that you know which invoice, notices etc were incurred in relation to which trip.]

Once you have received an Infringement Notice from the Victoria Police, the matter is conducted pursuant to the Infringements Act 2006 and any options that you may have had under the Toll legislation are inapplicable, unless you are arguing a defence available under the Act which has been rejected by the Tollway.The Infringement process through the Courts in toll matters is identical to the process for other types of infringements, so refer to the top of this page for further information.

How our Toll Infringement Lawyers can Help

Dealing with toll infringements can be overwhelming, especially when navigating the complex and often confusing process. Our experienced toll infringement lawyers specialise in helping clients manage and resolve these issues efficiently. We understand the intricacies of toll legislation, and are adept at identifying potential defenses and appealing infringement notices. Whether you need assistance in contesting a toll invoice, challenging an infringement notice, or representing you in court, our team is here to support you every step of the way.

We will work closely with you to assess your case, consolidate all related documents, and develop a strategic approach to ensure the best possible outcome. With our expertise, you can navigate the toll infringement system with confidence, minimising stress and potential financial impact. Contact us today to schedule a consultation and explore your options.