Bus Safety Amendment Regulations 2024 (Vic)

Bus Safety Amendment Regulations 2024

S.R. No. 96/2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6Bus standards

7Documents and other matters to accompany application

8Regulation 23B amended

9Certificate of accreditation

10Payment of fee

11Information to be contained in application for exemption

12Exemption subject to conditions

13Definition

14Retention of records—accredited bus operator

15Disclosure of records by accredited bus operators

16Bus safety inspections—accredited bus operator

17Bus safety inspections—exemptions

18Bus safety inspection reports

19Qualification or experience required to conduct vehicle safety inspections

20Duty to notify Safety Director of bus incidents

21Notification of category 1 incidents

22Notification of category 2 incidents

23Notification of category 3 incidents

24Bus incident investigation

25Bus incident investigation report

26Waiver of fees

27Item 6 of Schedule 1 amended

28Item 9 of Schedule 3 amended

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Endnotes

STATUTORY RULES 2024

S.R. No. 96/2024

Bus Safety Act 2009

Bus Safety Amendment Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 24 September 2024

Responsible Minister:

GABRIELLE WILLIAMS
Minister for Public and Active Transport

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Bus Safety Regulations 2020 to make consequential amendments arising from the enactment of the Transport Legislation Amendment Act 2023.

2Authorising provisions

These Regulations are made under sections 72, 74, 75, 76 and 77 of the Bus Safety Act 2009.

3Commencement

These Regulations come into operation on 1 October 2024.

4Principal Regulations

In these Regulations, the Bus Safety Regulations 2020[1] are called the Principal Regulations.

5Definitions

In regulation 4 of the Principal Regulations—

(a)in the note at the foot of the definition of accreditation, for "86(1) of the Transport (Compliance and Miscellaneous) Act 1983." substitute "3(1) of the Bus Safety Act 2009.";

(b)in the definition of qualified person, for "the Safety Director" substitute "Safe Transport Victoria".

6Bus standards

In regulation 7(2) of the Principal Regulations—

(a)for "The Safety Director" substitute "Safe Transport Victoria";

(b)for "the Safety Director's" substitute "Safe Transport Victoria's".

7Documents and other matters to accompany application

(1)In regulation 18 of the Principal Regulations, for "For the purposes of section" substitute "(1) For the purposes of section".

(2)In regulation 18 of the Principal Regulations, for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria".

8Regulation 23B amended

(1)In the heading to regulation 23B of the Principal Regulations, for "Transport (Compliance and Miscellaneous) Act 1983" substitute "Bus Safety Act 2009".

(2)In regulation 23B of the Principal Regulations, for "Division 6 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983" substitute "Part 4A of the Bus Safety Act 2009".

9Certificate of accreditation

In regulation 24(2) of the Principal Regulations, for "the Safety Director" substitute "Safe Transport Victoria".

10Payment of fee

In regulation 25(1) of the Principal Regulations, for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria".

11Information to be contained in application for exemption

In regulation 26(1)(b) of the Principal Regulations, for "the Safety Director" substitute "Safe Transport Victoria".

12Exemption subject to conditions

In regulation 28 of the Principal Regulations—

(a)in subregulation (2), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria";

(b)in subregulation (3)—

(i)in paragraph (a)(ii), for "Division 6 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983" substitute "Part 4A of the Bus Safety Act 2009";

(ii)in paragraph (a)(iii), for "the Safety Director" substitute "Safe Transport Victoria";

(iii)in paragraph (c), for "the Safety Director" substitute "Safe Transport Victoria";

(c)in the note at the foot of subregulation (3), for "An exemption may" substitute "Unless section 67A of the Act applies, an exemption may".

13Definition

In regulation 30 of the Principal Regulations—

(a)in subregulation (1), in paragraph (b) of the definition of specified period, for "the Safety Director" substitute "Safe Transport Victoria";

(b)in subregulation (2), for "the Safety Director" substitute "Safe Transport Victoria".

14Retention of records—accredited bus operator

In regulation 31(ab) of the Principal Regulations, for "Division 6 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983" substitute "Part 4A of the Bus Safety Act 2009".

15Disclosure of records by accredited bus operators

In regulation 34(2) of the Principal Regulations, for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria".

16Bus safety inspections—accredited bus operator

In regulation 35 of the Principal Regulations, for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria".

17Bus safety inspections—exemptions

In regulation 37 of the Principal Regulations, for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria".

18Bus safety inspection reports

In regulation 39 of the Principal Regulations, for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria".

19Qualification or experience required to conduct vehicle safety inspections

In regulation 40 of the Principal Regulations—

(a)in subregulation (1), for "the Safety Director" substitute "Safe Transport Victoria";

(b)in subregulation (2), for "The Safety Director" substitute "Safe Transport Victoria";

(c)in subregulation (3), for "the Safety Director" substitute "Safe Transport Victoria".

20Duty to notify Safety Director of bus incidents

In the heading to regulation 41 of the Principal Regulations, for "Safety Director" substitute "Safe Transport Victoria".

21Notification of category 1 incidents

In regulation 42 of the Principal Regulations—

(a)in subregulation (1), for "the Safety Director" substitute "Safe Transport Victoria";

(b)in subregulation (1)(b)(ii), for "the Safety Director's" substitute "Safe Transport Victoria's";

(c)in subregulation (2), for "The Safety Director" substitute "Safe Transport Victoria".

22Notification of category 2 incidents

In regulation 43 of the Principal Regulations—

(a)in subregulation (1)(b), for "the Safety Director's" substitute "Safe Transport Victoria's";

(b)in subregulation (2), for "The Safety Director" substitute "Safe Transport Victoria".

23Notification of category 3 incidents

In regulation 44 of the Principal Regulations—

(a)in subregulation (1)(b), for "the Safety Director's" substitute "Safe Transport Victoria's";

(b)in subregulation (2), for "The Safety Director" substitute "Safe Transport Victoria".

24Bus incident investigation

In regulation 45 of the Principal Regulations, for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria".

25Bus incident investigation report

In regulation 46 of the Principal Regulations—

(a)in subregulation (2), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria";

(b)in subregulation (3), for "The Safety Director" substitute "Safe Transport Victoria".

26Waiver of fees

In regulation 49 of the Principal Regulations—

(a)for "The Safety Director" substitute "Safe Transport Victoria";

(b)for "the Safety Director" substitute "Safe Transport Victoria".

27Item 6 of Schedule 1 amended

In item 6 of Schedule 1 to the Principal Regulations, for "the Safety Director" substitute "Safe Transport Victoria".

28Item 9 of Schedule 3 amended

In item 9 of Schedule 3 to the Principal Regulations, for "the Safety Director" substitute "Safe Transport Victoria".

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ENDNOTES

[1] Reg. 4: S.R. No. 102/2020 as amended by S.R. Nos 119/2021 and 17/2022.