Bus Safety Amendment Regulations 2022 (Vic)
Bus Safety Amendment Regulations 2022
S.R. No. 17/2022
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provisions
3Commencement
4Principal Regulations
5Objectives—Bus Safety Regulations 2020
6Definitions
7Regulation 11 revoked
8Signage—number plates
9Part 3 revoked
10Documents and other matters to accompany application
11Heading to Division 2 of Part 4 amended
12Regulation 19 substituted
13New regulations 23A and 23B inserted
14Certificate of accreditation
15New regulation 26AA inserted
16Information to be contained in application for exemption
17Requirements for exemption
18Exemption subject to conditions
19Application for variation of an exemption
20Retention of records—accredited bus operator
21Regulation 32 revoked
22Disclosure of records by accredited bus operators
23Bus safety inspections—accredited bus operator
24Regulation 36 substituted
25Bus safety inspections—exemptions
26Notification of category 1 incidents
27Notification of category 2 incidents
28Notification of category 3 incidents
29Bus incident investigation
30Bus incident investigation report
31Annual accreditation fee
32New regulations 52, 53 and 54 inserted
33Schedule 2 substituted
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Endnotes
STATUTORY RULES 2022
S.R. No. 17/2022
Bus Safety Act 2009
Bus Safety Amendment Regulations 2022
The Governor in Council makes the following Regulations:
Dated: 22 February 2022
Responsible Minister:
BEN CARROLL
Minister for Public TransportALEXANDRA DEBELJAKOVIC
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Bus Safety Regulations 2020—
(a)to make consequential amendments required due to amendments made to the Bus Safety Act 2009 by the Transport Legislation Miscellaneous Amendments Act 2021; and
(b)to provide for additional conditions on accreditation applicable to accredited bus operators; and
(c)to provide that certain bus operators are exempt from the requirement to be accredited under Part 4 of the Bus Safety Act 2009; and
(d)to provide for bus safety inspection requirements for certain bus operators exempted from the accreditation requirement; and
(e)to update the formula for the calculation of the annual accreditation fee; and
(f)to update a requirement for certain evidence to be provided with applications for bus operator accreditation as a consequence of the repeal of the Working with Children Act 2005.
2Authorising provisions
These Regulations are made under sections 72, 73, 74, 75, 76 and 77 of the Bus Safety Act 2009.
3Commencement
These Regulations come into operation on 1 March 2022.
4Principal Regulations
In these Regulations, the Bus Safety Regulations 2020[1] are called the Principal Regulations.
5Objectives—Bus Safety Regulations 2020
In regulation 1(b) of the Principal Regulations omit "and registration".
6Definitions
In regulation 4 of the Principal Regulations—
(a)insert the following definitions—
"Council has the same meaning as in the Local Government Act 2020;
specified exempt bus operator means a bus operator exempted under regulation 26AA(1)(a) or (b) from the requirement to be accredited under Part 4 of the Act;";
(b)in the definitions of category 1 incident, category 2 incident and category 3 incident omit "or a registered bus operator";
(c)in the definition of certificate of accreditation, for "section 33" substitute "section 30";
(d)the definitions of certificate of registration and contact person are revoked.
7Regulation 11 revoked
Regulation 11 of the Principal Regulations is revoked.
8Signage—number plates
For regulation 12(2)(b)(ii) of the Principal Regulations substitute—
"(ii)used to provide a service by a bus operator exempted under the Act or regulation 26AA from the requirement to be accredited under Part 4 of the Act.".
9Part 3 revoked
Part 3 of the Principal Regulations is revoked.
10Documents and other matters to accompany application
In regulation 18 of the Principal Regulations—
(a)for "section 25(2)(b)(ii) and (d)" substitute "section 23(2)(b)(ii) and (iii)";
(b)paragraph (j) is revoked;
(c)for paragraph (k) substitute—
"(k)a national police certificate in respect of the applicant (or if the applicant is not a natural person, each relevant person) issued no more than 28 days before the date of the application; and";
(d)for paragraph (l) substitute—
"(l)evidence that shows whether or not the applicant (or if the applicant is not a natural person, each relevant person) is subject to—
(i)reporting obligations imposed under Part 3 of the Sex Offenders Registration Act 2004; or
(ii)a supervision order or interim supervision order within the meaning of the Serious Offenders Act 2018; or
(iii)a supervision order or interim supervision order within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009; or
(iv)an extended supervision order or interim extended supervision order made under the Serious Sex Offenders Monitoring Act 2005; and".
11Heading to Division 2 of Part 4 amended
In the heading to Division 2 of Part 4 of the Principal Regulations, for "of" substitute "on".
12Regulation 19 substituted
For regulation 19 of the Principal Regulations substitute—
"19 Prescribed conditions on accreditation
For the purposes of section 31(1)(b) of the Act, the prescribed conditions on accreditation are the conditions set out in this Division.".
13New regulations 23A and 23B inserted
After regulation 23 of the Principal Regulations insert—
"23A Bus used by accredited bus operator that is a heavy vehicle must comply with heavy vehicle standards
An accredited bus operator must ensure that a bus that is a heavy vehicle that is used by the accredited bus operator to provide a bus service complies with the Heavy Vehicle (Vehicle Standards) National Regulations.
23BBus driver for commercial minibus service must be accredited under Transport (Compliance and Miscellaneous) Act 1983
An accredited bus operator must not permit a person to drive a bus for a commercial minibus service unless that person holds a driver accreditation under Division 6 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983.".
14Certificate of accreditation
In regulation 24(2)(c) of the Principal Regulations, for "section 42" substitute "section 37(4) or 39(1)".
15New regulation 26AA inserted
After the heading to Part 5 of the Principal Regulations insert—
"26AA Certain operators exempted from the requirement to be accredited
(1)For the purposes of section 22(c) of the Act, the following bus service operators are exempted from the requirement to be accredited under Part 4 of the Act—
(a)non-commercial courtesy bus service operators;
(b)community and private bus service operators that only operate buses with less than 24 seats, other than—
(i)operators that are a Council; or
(ii)operators that provide bus services for or in connection with the activities of—
(A)an educational body, for the transport of children or primary or secondary school students; or
(B)a health or welfare body, for the transport of persons who need special care or support due to their age or disability;
(c)bus service operators that only operate buses from time to time by hiring a bus to provide a single bus service.
(2)For the purposes of subregulation (1)(c), providing a single bus service may involve one or more trips.
(3)To avoid doubt, subregulation (1)(c) does not apply to hire and drive bus service operators.".
16Information to be contained in application for exemption
In regulation 26(1) of the Principal Regulations—
(a)for "section 52B(2)(b)" substitute "section 51(2)(b)";
(b)in paragraph (h), for "accreditation; and" substitute "accreditation.";
(c)paragraph (i) is revoked.
17Requirements for exemption
In regulation 27(1) of the Principal Regulations, for "section 52C(b)" substitute "section 52(b)".
18Exemption subject to conditions
(1)In regulation 28(1) of the Principal Regulations, for "section 52D(2)" substitute "section 53(2)(a)".
(2)In regulation 28(3) of the Principal Regulations—
(a)omit "registered or";
(b)in paragraph (a)(iii) omit "or 36 (as the case requires)".
(3)For the note at the foot of regulation 28(3) of the Principal Regulations substitute—
"Note
An exemption may only be given from section 22, 23 or 24 of the Act and regulations made for the purposes of those sections.
An exemption that is varied under Division 7 of Part 4 of the Act is subject to the applicable conditions or restrictions prescribed by this regulation—see section 55A of the Act.".
(4)For regulation 28(4) of the Principal Regulations substitute—
"(4)In this regulation—
notification, of an exemption, means a notification given to the applicant under section 53(3) of the Act together with—
(a)any notification of a variation to the exemption given under section 55(1)(a) of the Act; and
(b)any notification of a variation to the conditions or restrictions imposed on the exemption given under section 55C(3) of the Act.".
19Application for variation of an exemption
In regulation 29 of the Principal Regulations, for "section 52E(3)(b)" substitute "section 54(3)(b)".
20Retention of records—accredited bus operator
In regulation 31 of the Principal Regulations—
(a)for paragraph (a) substitute—
"(a)a record of the name, address and driver licence number of each person who drives a bus operated by the accredited bus operator;";
(b)after paragraph (a) insert—
"(ab)if the accredited bus operator operates a commercial bus service, commercial minibus service or local bus service, a record of the driver accreditation issued under Division 6 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983 held by each person who drives a bus for that bus operator for a commercial bus service, commercial minibus service or local bus service (as the case requires);";
(c)after paragraph (c) insert—
"(ca)a record of the lease of any bus in the fleet of the accredited bus operator to another operator, or the lease by the accredited bus operator of any bus from another operator, including—
(i)the total number of buses leased to another operator; and
(ii)the total number of buses leased from another operator; and
(iii)the vehicle registration number of each leased bus; and
(iv)the vehicle identification number of each leased bus; and
(v)details regarding who is responsible for the service and maintenance of each leased bus and at what intervals;";
(d)for paragraph (f) substitute—
"(f)any document produced as part of an audit of the management information system or maintenance management system under regulation 23;".
21Regulation 32 revoked
Regulation 32 of the Principal Regulations is revoked.
22Disclosure of records by accredited bus operators
In regulation 34(1) of the Principal Regulations, for "regulation 31(a)" substitute "regulation 31(a) or (ab)".
23Bus safety inspections—accredited bus operator
In the note at the foot of regulation 35 of the Principal Regulations omit "commercial bus service or local".
24Regulation 36 substituted
For regulation 36 of the Principal Regulations substitute—
"36 Bus safety inspections—specified exempt bus operators
(1)A specified exempt bus operator must ensure that each bus used to provide the bus service undergoes a safety inspection in accordance with section 19 of the Act as if that bus operator were an accredited bus operator.
Penalty:20 penalty units.
(2)For the purposes of subregulation (1), section 19(1B) of the Act applies to a specified exempt bus operator that commences operating bus services on or after 1 March 2022 as if a reference to the accreditation of the bus operator were a reference to the specified exempt bus operator's commencement of operation.".
25Bus safety inspections—exemptions
In regulation 37 of the Principal Regulations—
(a)for "registered bus operator" substitute "specified exempt bus operator";
(b)after "the Act" insert "or regulation 36 (as the case requires)".
26Notification of category 1 incidents
(1)In regulation 42(1)(a) of the Principal Regulations omit "or registered bus operator (as the case requires)".
(2)In regulation 42(2) of the Principal Regulations omit "or registered bus operator".
27Notification of category 2 incidents
In regulation 43(2) of the Principal Regulations omit "or registered bus operator".
28Notification of category 3 incidents
In regulation 44(2) of the Principal Regulations omit "or registered bus operator".
29Bus incident investigation
(1)In regulation 45(1) of the Principal Regulations omit "or a registered bus operator".
(2)In regulation 45(2) of the Principal Regulations omit "or registered bus operator".
30Bus incident investigation report
(1)In regulation 46(1) of the Principal Regulations—
(a)omit "or a registered bus operator";
(b)in paragraph (c), for "and" substitute "or".
(2)In regulation 46(2) of the Principal Regulations omit "or a registered bus operator".
(3)In regulation 46(3) of the Principal Regulations omit "or registered bus operator".
31Annual accreditation fee
In regulation 48 of the Principal Regulations, for "20 fee units" substitute "10 fee units".
32New regulations 52, 53 and 54 inserted
After regulation 51 of the Principal Regulations insert—
"52 Payment of annual accreditation fee by bus operator previously registered
(1)This regulation applies to a bus operator that—
(a)was registered to operate a bus service under section 22 of the Act as in force before 1 March 2022; and
(b)becomes an accredited bus operator on and from that date.
(2)For the purposes of regulation 25(1), the date on which the accreditation is taken to be granted to the bus operator is the first occurrence after 1 March 2022 of the anniversary of the date that the operator was registered to operate a bus service by the Safety Director under section 22(5) of the Act as in force before 1 March 2022.
(3)A bus operator to which this regulation applies is entitled to the following reductions in the annual accreditation fee under regulation 25(1)—
(a)100 per cent, from 1 March 2022 to 28 February 2023;
(b)75 per cent, from 1 March 2023 to 29 February 2024;
(c)50 per cent, from 1 March 2024 to 28 February 2025;
(d)25 per cent, from 1 March 2025 to 28 February 2026.
53Compliance of bus operator previously registered with accredited bus operator number plate requirement and accreditation conditions
(1)This regulation applies to a bus operator that—
(a)was registered to operate a bus service under section 22 of the Act as in force before 1 March 2022; and
(b)becomes an accredited bus operator on and from that date.
(2)Despite regulation 12(1), a bus operator to which this regulation applies is not required to comply with the requirement to display accredited bus operator number plates until 1 March 2023.
(3)Despite regulations 21, 22 and 23, a bus operator to which this regulation applies is not subject to the conditions on accredition in regulation 21, 22 or 23 until 1 March 2023.
54Meaning of first annual bus safety inspection for specified exempt bus operators previously registered
(1)This regulation applies to a bus operator that—
(a)was registered to operate a bus service under section 22 of the Act as in force before 1 March 2022; and
(b)becomes a specified exempt bus operator on and from that date.
(2)Despite section 19(1B) of the Act and for the purposes of section 19(1A) of the Act and regulation 36(1), for a bus operator to which this regulation applies, the first inspection of the bus is the first inspection that was or is conducted within the first year after—
(a)the date the bus operator was registered; or
(b)the acquisition of the bus, if the bus is acquired after the date the bus operator was registered.".
33Schedule 2 substituted
For Schedule 2 to the Principal Regulations substitute—
"Schedule 2—Application of Third Edition Australian Design Rules (ADR) to buses manufactured before 1 July 1988
Regulations 4, 7
| ADR Number | Short details | Exclusions |
| 42/00 Clause 42.8 | Exhaust outlets | |
| 42/00 Clause 42.10.3 | Seats to right of driver | |
| 58/00 Clause 58.4 | Access/aisle | |
| 58/00 Clause 58.5 | Access/doors | |
| 58/00 Clause 58.6 | Inside height | |
| 58/00 Clause 58.7 | Steps | |
| 58/00 Clause 58.8 | Driver protection | |
| 58/00 Clause 58.12 | Emergency exits | |
| 58/00 Clause 58.13 | Passenger seats | |
| 58/00 Clause 58.14 | Driver's seat | |
| 58/00 Clause 58.15 | Doors | |
| 58/00 Clause 58.16 | Stop signal | |
| 58/00 Clause 58.18 | Step light | |
| 58/00 Clause 58.20 | Double deckers | |
| 58/00 Clause 58.21 | Tail shaft guards | |
| 58/00 Clause 58.22 | Additional lamps | |
| 58/00 Clause 58.23 | Fuel system | |
| 58/00 Clause 58.24 | Fire extinguishers | Second fire extinguisher not required. |
| 58/00 Clause 58.26 | Seats ahead of driver |
".
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Endnotes
[1] Reg. 4: S.R. No. 102/2020 as amended by S.R. No. 119/2021.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2021 is $15.03. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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