Fines and infringements

Driving on a toll road – namely Linkt (formerly known as Citylink) or Eastlink – ‘unauthorised’, that is without paying, is a criminal offence for which infringements are routinely issued. However, these fines start off as civil debts payable to the toll road operator company, that is, Transurban (for Linkt) or Connect East (for Eastlink). Sometimes the toll road operators use debt collectors to pursue people for unpaid toll fees before referring the matters to become fines.

At the civil debt stage, hardship options are available from the toll road operator. These can include payment plans, waivers of late fees, or waivers of the whole outstanding amount. It is worth contacting the relevant toll road operator if your toll debts are the result of an inability to pay, family violence, health issues or other difficulties. Transurban’s hardship team is called Linkt Assist. Eastlink does not have a dedicated hardship phone line but has a hardship email address. Hardship resolutions need to be negotiated with the toll road operator. The Tolling Customer Ombudsman is available if you are not satisfied with the outcome (see ‘Contacts’ at the end of this chapter).

You can check whether you have outstanding toll debts at www.linkt.com.au/toll-invoices/ melbourne for Linkt and https://transact.eastlink. com.au/public_portal/pages/info/info_home/ publicHome.jsf for Eastlink.

If toll road fees remain unpaid for 180 days, toll road operators usually refer the matter to the Victoria Police Toll Enforcement Office. Victoria Police issues and manages the fine in the same way other fines are administered. Toll road infringement notices are valued at one penalty unit ($192.31), so a lot more than the fees owed to the toll road companies. You can make the same applications to deal with your toll fines as all other fines (see Options 1–9, above), including enforcement review, the Family Violence Scheme, or a work and development permit once the fines have been referred to Victoria Police.

The Justice Legislation (Fines Reform and Other Matters) Act 2022 (Vic) enabled toll road operators to require Victoria Police to withdraw a toll road fine where the toll road operator requests it. This means if a toll road company becomes aware that a customer’s toll fines are the result of financial or other hardship, they can contact Fines Victoria and Victoria Police to have the fine withdrawn at any stage in the life of the fine.

Currently, there is a lack of clarity around whether the new law applies to toll road infringement warrants that have been executed (i.e. where the person has been arrested and bailed to the Magistrates’ Court – see ‘Enforcement Warrant Hearings’ below). Efforts are being undertaken to resolve this issue, but for the time being Fines Victoria has taken the position that toll fines cannot be withdrawn by toll road operators after warrants have been executed.

To make an application for your toll fines to be withdrawn on the basis of hardship, call or write to the Hardship Team at Linkt or Eastlink (see ‘Contacts’ at the end of this chapter). You need to provide:

• a list of infringements to be considered for withdrawal, including the infringement number(s) and vehicle registration(s);
• a summary of the circumstances impacting your capacity to pay, for example, financial hardship, disability, family violence or substance dependence;
• information on how you will prevent incurring further toll road debt.

When asking for Eastlink fines to be withdrawn, you also need to explain why other options discussed in the rest of this chapter, for example a special circumstances application or a work and development permit, are not appropriate.

Once you apply to the toll road company for withdrawal, they should assess and determine your application within five business days. If they approve your application, they will write to Fines Victoria for the withdrawal to be actioned and then Victoria Police will send you a notice of withdrawal by post.

Infringements that are paid in full are not eligible for withdrawal under the toll recall process.