We’ve been speaking up about the unfair system of toll road fines

We have joined forces with others in the legal assistance sector to call for a fairer system of toll road fines in the state, while negotiations over future tolling arrangements are afoot.

Damian Stock, Acting Manager of Strategic Advocacy, said the system of unpaid toll fines was hurting vulnerable Victorians. ‘The rapid escalation of enforcement costs, combined with delayed notification, means that many of our clients are quickly in significant debt that they cannot repay,’ said Damian.

Damian and leaders from community legal centres such as West Justice CEO Denis Nelthorpe, have been speaking out in the media and meeting with decision makers to ensure that the considerable expertise of the legal assistance sector and the lived experiences of clients are taken into consideration when new tolling deeds are drawn up.

The government is currently in negotiations with private roads operator Transurban, to extend concession deeds for 12 years beyond the current termination date of 2035, to build the $5.5 billion West Gate Tunnel.

The public interest in the new tunnel and parliamentary hearings into the project have opened a window for reforming the tolling system, something Damian says is much needed for disadvantaged Victorians.

‘An infringement warrant is $350 per day of unauthorised travel. If something goes wrong with an e-tag account, a driver does not know the rules or there is a short-term crisis, a person can accumulate debt at over $2,000 per week and we regularly see people with tens or hundreds of thousands of dollars of debt. We felt that if government was considering extending toll roads, it needed to know the true cost of enforcing compliance through the criminal justice system.’

Toll infringements have been an increasing problem over recent years, using the resources of the legal assistance sector and the courts. Figures from the Magistrates' Court of Victoria showed toll road offences are now the number one charge heard in that jurisdiction.

‘One of our first steps was to coordinate a workshop held at RMIT’s Centre for Innovative Justice, to provide space for all interested parties, including the toll road operators, policy experts, court staff and the legal assistance sector to share their experience of the toll enforcement system. This collaboration was instrumental in identifying a collective view of the problem across different parts of the justice sector, and provided surprising agreement even among presumed opponents.’

The group are now seeking a fairer system for those who cannot pay for their road use.

‘We would like to see the toll road operators engage drivers earlier to offer payment plans and hardship policies where necessary', said Damian.

Reliance on the infringements and justice system should be reserved for a driver who refuses to engage with the toll road operator, and demonstrates repeated deliberate behaviour.’

In a sign of innovation in the sector a website designed to give people knowledge and tools to deal with their infringements, FineFixer, was also launched last month. Principal Lawyer at Moonee Valley Legal Service Brendan Lacota said FineFixer had already attracted over 9000 users. ‘There are more fines for tolling than for any other offence in Victoria, FineFixer can help by empowering people with tolling and other fines to understand their options and take action before things get out of control.’

Damian Stock believes while the Legal Aid Act impels the organisation to speak out on laws that are unfairly impacting on Victorians, working alongside partners in the community legal sector has been invaluable –

‘We could not have done this on our own. Our CLC partners have strong relationships with their local MPs, and with the media, which were fundamental to raising the profile of the reforms and getting early meetings with government.

'The experience and data we obtain in assisting people with toll infringements has been helpful to government when assessing the nature and scope of the problem, and we are confident our suggestions for reform are credible given the evidence that supports them.’

More information

Get other support for fines and infringements​

Read 7 out of 10 toll road fines go unpaid, The Age.

Read CityLink should collect its own toll debts, former police prosecutor says,The Age.

Read about when The Age visited Werribee Magistrates' Court to hear about how tolling offences are affecting community members.

Read Survivors of Family Violence left with huge CityLink debts, The Herald Sun.

Try the online tool Finefixer – fix your fine to view your options if you have a fine.