Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 (Vic)
Commercial Passenger Vehicle Industry Further Amendment Regulations 2020
S.R. No. 122/2020
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
Part 2—Amendment of Commercial Passenger Vehicle Industry Regulations 2018
4New Part 2A inserted
Part 3—Amendment of Commercial Passenger Vehicle Industry (Infringements) Regulations 2018
5Regulation 7 revoked
6Schedule 1 amended
Part 4—Revocations and expiry
7Revocation of amendments
8Expiry
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Endnotes
STATUTORY RULES 2020
S.R. No. 122/2020
Commercial Passenger Vehicle Industry Act 2017
Commercial Passenger Vehicle Industry Further Amendment Regulations 2020
The Governor in Council makes the following Regulations:
Dated: 10 November 2020
Responsible Minister:
BEN CARROLL
Minister for Public TransportCLAIRE CHISHOLM
Clerk of the Executive Council
Part 1—Preliminary
1Objectives
The objectives of these Regulations are—
(a)to amend the Commercial Passenger Vehicle Industry Regulations 2018 to prescribe obligations in relation to ensuring the cleanliness of commercial passenger vehicles; and
(b)to amend the Commercial Passenger Vehicle Industry (Infringements) Regulations 2018 to prescribe additional infringement offences and infringement penalties.
2Authorising provision
These Regulations are made under section 289 of the Commercial Passenger Vehicle Industry Act 2017.
3Commencement
(1)These Regulations, except regulation 7, come into operation on 18 November 2020.
(2)Regulation 7 comes into operation on 30 September 2021.
Part 2—Amendment of Commercial
Passenger Vehicle Industry Regulations 2018
4New Part 2A inserted
After Part 2 of the Commercial Passenger Vehicle Industry Regulations 2018[1] insert—
"Part 2A—Cleanliness of commercial passenger vehicles
7ADefinitions
In this Part—
approved disinfectant means a disinfectant that has a label which states a claim by the manufacturer that the disinfectant has anti-bacterial or anti-viral properties;
approved hand sanitiser means a hand sanitiser with a minimum of 60% alcohol content;
driver proximate surfaces means the following—
(a)any hand held payment device;
(b)the centre console;
(c)external and internal door handles, including the boot handle;
(d)the gear stick;
(e)the glove box;
(f)the handbrake;
(g)heat and air conditioner controls;
(h)navigation and radio controls;
(i)the radio mouthpiece;
(j)the rear view mirror;
(k)seat belt clips;
(l)the steering wheel, including any buttons on the steering wheel;
(m)the transmission control;
(n)visors;
(o)wheelchair hoists (if applicable);
(p)wheelchair restraints (if applicable);
(q)windows, window controls and window handles;
passenger proximate surfaces means the following—
(a)any hand held payment device;
(b)the centre console;
(c)external and internal door handles, including the boot handle;
(d)heat and air conditioner controls;
(e)seat belt clips;
(f)visors;
(g)wheelchair hoists (if applicable);
(h)wheelchair restraints (if applicable);
(i)windows, window controls and window handles.
7BDriver to make available hand sanitiser
(1)A driver, when providing a commercial passenger vehicle service, must make available to each passenger receiving that service an approved hand sanitiser for use by each passenger while in the vehicle.
Penalty:20 penalty units.
(2)A Part 3 permission holder in relation to a commercial passenger vehicle must take reasonable steps to ensure that a driver complies with subregulation (1).
Penalty:20 penalty units.
7CDriver to clean surfaces before providing commercial passenger vehicle service
(1)Before providing the first commercial passenger vehicle service on any day, a driver of a commercial passenger vehicle must clean, with an approved disinfectant—
(a)all surfaces of the vehicle that are likely to be touched by a passenger, including passenger proximate surfaces; and
(b)all surfaces of the vehicle that are likely to be touched by the driver, including driver proximate surfaces.
Penalty:20 penalty units.
(2)Subject to subregulation (3), a Part 3 permission holder in relation to a commercial passenger vehicle must take reasonable steps to ensure that a driver complies with subregulation (1).
Penalty:20 penalty units.
(3)Subregulation (1) does not apply to a driver who complies with regulation 7D(1).
7DDriver to clean surfaces after private use of vehicle
(1)If a commercial passenger vehicle has been used for a purpose other than the provision of a commercial passenger vehicle service (private use), after that private use and before providing a commercial passenger vehicle service, the driver must clean, with an approved disinfectant—
(a)all surfaces of the vehicle that are likely to have been touched during the private use by a passenger, including passenger proximate surfaces; and
(b)all surfaces of the vehicle that are likely to have been touched during the private use by a driver, including driver proximate surfaces.
Penalty:20 penalty units.
(2)A Part 3 permission holder in relation to a commercial passenger vehicle must take reasonable steps to ensure that a driver complies with subregulation (1).
Penalty:20 penalty units.
7EDriver to clean surfaces touched by a passenger
(1)After every commercial passenger vehicle service provided by a driver of a commercial passenger vehicle and before a further commercial passenger vehicle service is provided by the driver, the driver must clean, with an approved disinfectant, all surfaces of the vehicle that are likely to have been touched by a passenger, including passenger proximate surfaces.
Penalty:20 penalty units.
(2)A Part 3 permission holder in relation to a commercial passenger vehicle must take reasonable steps to ensure that a driver complies with subregulation (1).
Penalty:20 penalty units.
7FDriver to clean vehicle to be driven by others
(1)Subregulation (2) applies if a commercial passenger vehicle is to be driven by more than one person.
(2)A driver who has provided a commercial passenger vehicle service, before surrendering the commercial passenger vehicle to be driven by another person, must clean, with an approved disinfectant, all surfaces of the vehicle that are likely to have been touched by the driver, including driver proximate surfaces.
Penalty:20 penalty units.
(3)A Part 3 permission holder in relation to a commercial passenger vehicle must take reasonable steps to ensure that a driver complies with subregulation (2).
Penalty:20 penalty units.
7GDriver to clean surfaces touched by driver
(1)Subregulation (2) applies if a commercial passenger vehicle is only driven by one driver.
(2)Once every day, a driver of a commercial passenger vehicle, unless the driver has not used the vehicle to provide a commercial passenger vehicle service on that day, must clean, with an approved disinfectant, all surfaces of the vehicle that are likely to have been touched by the driver, including driver proximate surfaces.
Penalty:20 penalty units.
(3)A Part 3 permission holder in relation to a commercial passenger vehicle must take reasonable steps to ensure that a driver complies with subregulation (2).
Penalty:20 penalty units.
7HRecords to be kept of cleaning activities
(1)A booking service provider must keep a record of the information specified in subregulation (3) in relation to the cleaning of a commercial passenger vehicle by an associated driver for a period of 12 months from the date the record was created.
Penalty:20 penalty units.
(2)A provider of an unbooked commercial passenger vehicle service must keep a record of the information specified in subregulation (3) in relation to the cleaning of a commercial passenger vehicle by a driver for a period of 12 months from the date the record was created.
Penalty:20 penalty units.
(3)For the purposes of subregulations (1) and (2), the specified information is the following—
(a)the registration number of the commercial passenger vehicle;
(b)the date and time the vehicle was cleaned for the purposes of regulations 7C(1), 7D(1), 7E(1), 7F(2) and 7G(2) (as the case requires);
(c)if a commercial passenger vehicle service was provided, the date and time it was provided.
7IBooking service provider must take reasonable steps to ensure compliance
(1)A booking service provider must take reasonable steps to ensure that an associated driver complies with regulations 7B(1), 7C(1), 7D(1), 7E(1), 7F(2) and 7G(2).
Penalty:20 penalty units.
(2)For the purposes of subregulation (1), reasonable steps include, but are not limited to, providing information or instruction to associated drivers about—
(a)wearing gloves and masks when undertaking cleaning of commercial passenger vehicles; and
(b)approved disinfectants and approved hand sanitisers that may be used; and
(c)how to safely dispose of used cleaning products, gloves and masks; and
(d)how to clean commercial passenger vehicles efficiently and effectively.".
Part 3—Amendment of Commercial Passenger Vehicle Industry (Infringements) Regulations 2018
5Regulation 7 revoked
Regulation 7 of the Commercial Passenger Vehicle Industry (Infringements) Regulations 2018[2] is revoked.
6Schedule 1 amended
(1)Before item 17A of the table in Schedule 1 to the Commercial Passenger Vehicle Industry (Infringements) Regulations 2018 insert—
| "Commercial Passenger Vehicle Industry Regulations 2018 | |||
| 17AAC | reg. 7B(1) | 4 penalty units | 0600 |
| 17AAD | reg. 7C(1) | 4 penalty units | 0601 |
| 17AAE | reg. 7D(1) | 4 penalty units | 0602 |
| 17AAF | reg. 7E(1) | 4 penalty units | 0603 |
| 17AAG | reg. 7F(2) | 4 penalty units | 0604 |
| 17AAH | reg. 7G(2) | 4 penalty units | 0605". |
(2)Before item 18 of the table in Schedule 1 to the Commercial Passenger Vehicle Industry (Infringements) Regulations 2018, in Column 2 omit "Commercial Passenger Vehicle Industry Regulations 2018".
Part 4—Revocations and expiry
7Revocation of amendments
(1)Part 2A of the Commercial Passenger Vehicle Industry Regulations 2018 is revoked.
(2)Items 17AAC, 17AAD, 17AAE, 17AAF, 17AAG and 17AAH of the table in Schedule 1 to the Commercial Passenger Vehicle Industry (Infringements) Regulations 2018 are revoked.
8Expiry
These Regulations expire on 1 October 2021.
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Endnotes
[1] Reg. 4: S.R. No. 84/2018 as amended by S.R. Nos 53/2019, 166/2019 and 65/2020.
[2] Reg. 5: S.R. No. 85/2018 as amended by S.R. Nos 85/2018 and 162/2019.
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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 2020 is $165.22.
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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