Road Safety Road Rules Amendment (Commercial Passenger Vehicle Industry) Rules 2018 (Vic)

Road Safety Road Rules Amendment (Commercial Passenger Vehicle Industry) Rules 2018

S.R. No. 88/2018

TABLE OF PROVISIONS

Rule  Page

1Objective

2Authorising provision

3Commencement

4Principal Rules

5Bicycle lanes

6Stopping on a clearway

7Stopping in a loading zone

8Stopping in a bus lane, tram lane, tramway, transit lane, truck lane or on tram tracks

9Stopping and parking exemption for police vehicles, emergency vehicles, enforcement vehicles, escort vehicles and authorised persons

10Dictionary

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Endnotes

STATUTORY RULES 2018

S.R. No. 88/2018

Road Safety Act 1986

Road Safety Road Rules Amendment (Commercial Passenger Vehicle Industry) Rules 2018

The Governor in Council makes the following Rules:

Dated: 26 June 2018

Responsible Minister:

LUKE DONNELLAN
Minister for Roads and Road Safety

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Rules is to amend the Road Safety Road Rules 2017 to implement reforms in the commercial passenger vehicle industry arising out of the enactment of the Commercial Passenger Vehicle Industry Act 2017 and the Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017.

2Authorising provision

These Rules are made under section 95D of the Road Safety Act 1986.

3Commencement

(1)These Rules (except rules 5, 6 and 8) come into operation on 2 July 2018.

(2)Rules 5, 6 and 8 come into operation on 1 September 2018.

4Principal Rules

In these Rules, the Road Safety Road Rules 2017[1] are called the Principal Rules.

5Bicycle lanes

(1)For rule 153(3) of the Principal Rules substitute—

"(3)A driver may drive for up to 50 metres in a bicycle lane if the driver is driving—

(a)a commercial passenger vehicle while providing a commercial passenger vehicle service and is dropping off, or picking up, passengers; or

(b)a public bus or public minibus and is dropping off, or picking up, passengers.".

(2)For the note at the foot of rule 153(3) of the Principal Rules substitute—

"Note

Commercial passenger vehicle and commercial passenger vehicle service are defined in the Commercial Passenger Vehicle Industry Act 2017. Public bus and public minibus are defined in the dictionary.".

6Stopping on a clearway

(1)The note at the foot of rule 176(1) of the Principal Rules is revoked.

(2)In rule 176(3) of the Principal Rules, for "taxi" substitute "commercial passenger vehicle while providing a commercial passenger vehicle service".

(3)At the foot of rule 176 of the Principal Rules insert—

"Note

Public bus and public minibus are defined in the dictionary. Commercial passenger vehicle and commercial passenger vehicle service are defined in the Commercial Passenger Vehicle Industry Act 2017.".

7Stopping in a loading zone

(1)For rule 179(1)(a) of the Principal Rules substitute—

"(a)a bus that is dropping off, or picking up, passengers; or

(ab)a commercial passenger vehicle while providing a commercial passenger vehicle service and is dropping off, or picking up, passengers; or".

(2)In the note at the foot of rule 179(1) of the Principal Rules, before "Bus," insert "Commercial passenger vehicle and commercial passenger vehicle service are defined in the Commercial Passenger Vehicle Industry Act 2017.".

8Stopping in a bus lane, tram lane, tramway, transit lane, truck lane or on tram tracks

(1)For rule 187(1)(a) of the Principal Rules substitute—

"(a)is driving—

(i)a commercial passenger vehicle while providing a commercial passenger vehicle service and is dropping off, or picking up, passengers; or

(ii)a public bus or public minibus and is dropping off, or picking up, passengers; and".

(2)In note 1 at the foot of rule 187 of the Principal Rules—

(a)omit "taxi,";

(b)after "dictionary." insert "Commercial passenger vehicle and commercial passenger vehicle service are defined in the Commercial Passenger Vehicle Industry Act 2017.".

9Stopping and parking exemption for police vehicles, emergency vehicles, enforcement vehicles, escort vehicles and authorised persons

(1)In rule 307(3) of the Principal Rules, in the definition of authorised person, in paragraph (ba), for "Taxi Services Commission" substitute "CPVC". 

(2)In the note at the foot of the definition of authorised person in rule 307(3) of the Principal Rules, after "dictionary." insert "CPVC is defined in the Road Safety Act 1986.".

10Dictionary

In the dictionary to the Principal Rules—

(a)in paragraph (b) of the definition of authorised person—

(i)for "officer of" substitute

"employee in";

(ii)for "Taxi Services Commission" substitute "CPVC";

(b)for the definition of enforcement vehicle and the note at the foot of that definition substitute—

"enforcement vehicle means a vehicle being used to convey an officer of the Corporation, an employee in the Department of Economic Development, Jobs, Transport and Resources or a person employed in the CPVC engaged in connection with the enforcement of the—

(a)Accident Towing Services Act 2007; or

(b)Bus Safety Act 2009; or

(c)Commercial Passenger Vehicle Industry Act 2017; or

(d)Heavy Vehicle National Law (Victoria); or

(e)Rail Safety (Local Operations) Act 2006; or

(f)Rail Safety National Law (Victoria); or

(g)Road Management Act 2004; or

(h)Road Safety Act 1986; or

(i)Transport (Compliance and Miscellaneous) Act 1983;

Note

CPVC is defined in the Road Safety Act 1986. Corporation is defined in this dictionary.";

(c)for the definition of taxi substitute—

"taxi means a commercial passenger vehicle that is compliant (as defined in regulation 9(4) of the Commercial Passenger Vehicle Industry Regulations 2018) and that is being used to provide a commercial passenger vehicle service in accordance with the Commercial Passenger Vehicle Industry Act 2017 and the regulations made under that Act;";

(d)the definition of Taxi Services Commission is revoked.

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Endnotes

[1] Rule 4: S.R. No. 41/2017 as amended by S.R. No. 6/2018.