Note: This information is put here on for the use of interested parties. No guaranty is made as to the accuracy or currency of the following. It was typed in good faith from a fax sent by Jack Hanna of the City of Melbourne on 18 January 1996. Any typographical errors are mine. Any errors in law are probably the City's. To obtain your own copy of this document, contact the City of Melbourne on 9658 9869. If you have queries about this law, the contact point at the City of Melbourne is By Laws and Traffic Branch 9658 9639 - Mr David Durose. The law is currently under review, and submissions can be sent to

Mr Greg McLaren, 
Principle Officer, 
Street Activities Management,
Council House,
200 Little Collins Street
Melbourne
3001

1. Title:

This Local Law is titled the "Control of Toy Vehicles Local Law 1992" (No. 5 of 1992).

2. Objectives:

The objectives of this Local Law are to -

1. provide for the peace, order and good government of the municipal district;
2. provide a safe, attractive and accessible pedestrian network and environment;
3. regulate the use of toy vehicles within the municipal district.

3. Authorising Provision:

This Local Law is made under Part 5 of the Local Government Act 1989, and is authorised by section 8 of, and items 6(2) and 7 of Schedule 1 to, that Act.

4. Application

This Local Law applies throughout the whole of the municipal district.

5. Definitions:

In this local Law -

"authorised officer"

means a member of the Council staff or a member of the Victoria Police authorised by the council either generally or in any particular case for the purposes of this Local Law.

"Council"

means the Council of the City of Melbourne.

"delegate"

means any member of the Council's staff for the time being holding or acting in any of the positions of Superintendent By-laws and Traffic (Administration) and Superintendent By-laws and Traffic (Enforcement).

"road"

has the same meaning as in the Local Government Act, 1989.

"toy vehicle"

means a vehicle other than a bicycle or pedicab, designed to be propelled by human power and includes a skateboard, scooter, roller skates and roller blades.

6. Use of toy vehicles:

1. The Council may by resolution from time to time designate areas and times in which toy vehicles must not be used.
2. A person shall not use a toy vehicle in an area and between times designated by the Council, unless the consent of the Council or delegate has been obtained in writing.

7. Conduct when using a toy vehicle:

Any person who uses a toy vehicle or causes or authorises another person to use a toy vehicle on a road must ensure that the use does not inconvenience, worry, obstruct, hinder, endanger, alarm or prevent the free passage of any pedestrian or other user of the road.

8. Seizure and removal of toy vehicle:

1. Where an authorised officer detects a person using a toy vehicle in contravention of this Local Law, the authorised officer may -
   1. direct the person to cease using it and issue a warning that continued use may result in the seizure and removal of the toy vehicle; and
   2. inform the person of the provisions of this Local Law and the designated areas and times in which toy vehicles must not be used.
2. If any person -
   1. fails or refuses to comply with any reasonable direction of an authorised officer to cease using a toy vehicle; or
   2. uses a toy vehicle after being issued a warning by an authorised officer; or
   3. is detected using a toy vehicle after having previously had a toy vehicle seized -
   an authorised officer may cause the toy vehicle to be removed and taken to such a place as he or she considers appropriate in the particular case and to be retained there subject to this clause.
3. If a toy vehicle is so removed the authorised officer must as soon as practical after the seizure, serve on the owner of the toy vehicle, if known, or the user of the toy vehicle at the time of the seizure a notice detailing
   1. the name and address of the owner or user;
   2. a description of the toy vehicle;
   3. the date time and location of the seizure;
   4. the name and telephone number of the authorised officer responsible for the seizure;
   5. the provisions of clause 8 (Seizure and removal of toy vehicle) of this Local Law; and
   6. the designated areas and times in which toy vehicles must not be used.
4. Seizure and retention of a toy vehicle will be for -
   1. a period of 7 days for the first seizure; and
   2. a period of 14 days with a redemption fee of $25 for second and subsequent seizures.
5. Any toy vehicle which has been so removed must be surrended to the owner or some person acting on the owner's behalf on the giving of satisfactory evidence of the right to a toy vehicle after the lapsing of the appropriated retention period, and upon payment to the council of a redemption fee, if required.
6. If any toy vehicle is not so claimed and removed by the owner or some person acting on the owner's behalf within 90 days after the lapsing of the appropriate retention period, the Council or delegate may cause it to be sold, destroyed or given away as it or he or she thinks fit.
7. The proceeds of the sale of any toy vehicle under sub-clause (6) will be applied in reimbursing the expenses of the Council in the removal and retention of the toy vehicle.
8. Any money remaining after the requirements of sub-clause (7) have be complied with will be held in a trust fund by the Council and be paid to the owner or any person acting on the owner's behalf on the giving of satisfactory evidence of the right to be paid the net proceeds and if not claimed within 12 months transferred into the Municipal Fund.

The COMMON SEAL of the                         )    
COUNCIL OF THE CITY OF MELBOURNE               )     R.J.Meldrum
was affixed hereto in accordance with its      )     Lord Mayor
Common Seal Local Law 1990.                    )
                                                     J.A. Young
                                                     Town Clerk

I certify that this is a true copy of a Local Law made by the Council of the City of Melbourne on 13th April, 1992, in accordance with the requirements of section 119 of the Local Government Act 1989.

The notices required to be given by section 119(2) of the Act were given in the Government Gazette no.G 8 of 26th of February, 1992 at page Nos.500 and 501 and in "The Age" newspaper on 26th of February, 1992.

The notices required to be given by section 119(3) of the Act were given in the Government Gazette no.G 16 of 296th of April, 1992 at page No. 1016 and in "The Age" newspaper on 15th of April, 1992.

A copy of the Local Law was sent to the Minister for Ethnic, Municipal and Community Affairs on 14th April, 1992

The Local Law came into operation on 13th of April, 1992 and will expire on 13th of April, 2002, (being the day 10 years after the day on which it came into operation, as stipulated in section 122 of the Act).

The Council on 13th of April, 1992, appointed the area bounded by and including Flinders Street, Queen Street, Victoria Street and Russell Street, Melbourne, between the hours of 7 am and 10 pm, Monday to Sunday, as a designated area under the Local Law.

J.A. YOUNG

Town Clerk

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