Transport Legislation Amendment (Vehicle Sharing Scheme Safety and Standards) Act 2025 (Vic)
Transport Legislation Amendment (Vehicle Sharing Scheme Safety and Standards) Act 2025
No. 26 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Road Safety Act 1986
3Definitions
4Power to prosecute
5Traffic infringements
6Part 7C repealed
Part 3—Amendment of Transport (Compliance and Miscellaneous) Act 1983
7Definitions
8New Part VIA inserted
9New Division 17 of Part VIII inserted
Part 4—Repeal of this Act
10Repeal of this Act
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Endnotes
1 General information
Transport Legislation Amendment (Vehicle Sharing Scheme Safety and Standards) Act 2025
No. 26 of 2025
[Assented to 5 August 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Road Safety Act 1986—
(i)to repeal provisions of that Act relating to vehicle sharing schemes; and
(ii)to make further provision for offences involving electric scooters; and
(b)to amend the Transport (Compliance and Miscellaneous) Act 1983—
(i)to make new and further provision relating to vehicle sharing schemes; and
(ii)to provide savings and transitional arrangements for the repeal of provisions of the Road Safety Act 1986.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 18 February 2026, it comes into operation on that day.
PART 2—AMENDMENT OF ROAD SAFETY ACT 1986
3Definitions
In section 3(1) of the Road Safety Act 1986 insert the following definition—
"electric scooter offence means a prescribed offence against this Act, the regulations or the rules a necessary element of which is the riding of, or any other use of, an electric scooter;".
4Power to prosecute
After section 77(2)(ac) of the Road Safety Act 1986 insert—
"(ad)a protective services officer if the offence is an electric scooter offence;".
5Traffic infringements
(1)After section 88(1) of the Road Safety Act 1986 insert—
"(1AAA)A protective services officer who has reason to believe that a person has committed an electric scooter offence that is a traffic infringement may issue or cause to be issued and serve or cause to be served on that person a traffic infringement notice.".
(2)In section 88(1AA) of the Road Safety Act 1986, after "subsection (1)" insert "or (1AAA)".
(3)In section 88(2) of the Road Safety Act 1986, after "subsection (1)" insert "and (1AAA)".
6Part 7C repealed
Part 7C of the Road Safety Act 1986 is repealed.
PART 3—AMENDMENT OF TRANSPORT (COMPLIANCE AND MISCELLANEOUS) ACT 1983
7Definitions
In section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 insert the following definitions—
"municipal council has the same meaning as Council has in the Local Government Act 2020;
municipal district has the same meaning as in the Local Government Act 2020;".
8New Part VIA inserted
After Part VI of the Transport (Compliance and Miscellaneous) Act 1983 insert—
"PART VIA—VEHICLE SHARING SCHEMES
Division 1—Interpretation
205Definitions
In this Part—
approved category A scheme operator means a person who is approved under Division 2;
authorising agreement means an agreement entered into under section 207L;
bicycle has the same meaning as in the Road Safety Act 1986;
category A standards means the standards or requirements for a category A vehicle sharing scheme that are prescribed;
category A vehicle means—
(a)an electric scooter; or
(b)a scheme vehicle that is prescribed;
category A vehicle sharing scheme means a scheme under which category A vehicles are—
(a)made available for hire; and
(b)hired, from wherever they are located, through a wholly or partly automated electronic system; and
Example
Electric scooters hired through a mobile phone application.
(c)not required to be returned, after the period of hire ends, to private premises;
Example
Electric scooters not required to be returned to commercial premises.
category B vehicle means a vehicle that is prescribed;
category B vehicle sharing scheme means a scheme under which category B vehicles are—
(a)made available for hire; and
(b)hired, from wherever they are located, through a wholly or partly automated electronic system; and
(c)not required to be returned, after the period of hire ends, to private premises;
electric scooter has the same meaning as in the Road Safety Act 1986;
motor vehicle has the same meaning as in the Road Safety Act 1986;
scheme vehicle means—
(a)a bicycle; or
(b)any other vehicle that is not a motor vehicle;
submission period—see section 207E(2);
vehicle has the same meaning as in the Road Safety Act 1986;
vehicle sharing scheme means—
(a)a category A vehicle sharing scheme; or
(b)a category B vehicle sharing scheme.
Division 2—Approval to operate category A vehicle sharing scheme
206Application for approval
(1)A person who proposes to operate a category A vehicle sharing scheme may apply to the Secretary for approval to be an approved category A scheme operator.
(2)An application under subsection (1) must—
(a)be in writing; and
(b)specify the name, address and contact details of the applicant; and
(c)include evidence demonstrating that the scheme will meet the category A standards; and
(d)include the prescribed information (if any); and
(e)be accompanied by the prescribed application fee (if any).
207Request for further information
(1)The Secretary may request an applicant to provide further information to determine an application for approval.
(2)A request under subsection (1) must be in writing.
207ADetermination of application for approval
(1)Subject to this section, the Secretary, on receiving an application under section 206, must—
(a)if the Secretary is satisfied that the applicant—
(i)has demonstrated that the category A vehicle sharing scheme will meet the category A standards when the scheme is in operation; and
(ii)is a fit and proper person—
approve the applicant to be an approved category A scheme operator; or
(b)if the Secretary is not so satisfied, refuse to approve the applicant to be an approved category A scheme operator.
(2)The Secretary must make a decision under subsection (1) within 60 days after receiving the application.
(3)The Secretary must give the applicant written notice of a decision under subsection (1).
(4)If the Secretary approves the applicant to be an approved category A scheme operator, the written notice under subsection (3) must specify the day on which the approval takes effect.
(5)If the Secretary refuses to approve the applicant to be an approved category A scheme operator, the written notice under subsection (3) must—
(a)include a statement of reasons for the decision; and
(b)inform the applicant that they may seek review of the decision under Division 4.
207BTerm of approval
An approval under section 207A expires on the fifth anniversary of the day on which the approval takes effect.
207CRenewal of approval
(1)An approved category A scheme operator may apply to the Secretary for renewal of their approval at any time within the period—
(a)beginning 6 months before the expiry of the approval; and
(b)ending on the day before the expiry of the approval.
(2)The Secretary, on receiving an application under subsection (1), must—
(a)renew the operator's approval; or
(b)refuse to renew the operator's approval.
(3)If the Secretary does not make a decision on an application under subsection (1) before the expiry of the approval, the applicant's approval continues in effect until the Secretary makes a decision on the application.
(4)For the purposes of subsections (1) and (2), sections 206(2), 207 and 207A apply as if the application were an application made under section 206(1).
(5)Section 207B applies to a renewal of approval under this section as if the renewal were an approval under section 207A.
207DRevocation of approval
(1)The Secretary, by written notice, may revoke an approved category A scheme operator's approval if the Secretary is satisfied that—
(a)the category A vehicle sharing scheme proposed to be operated by the operator will no longer meet the category A standards; or
(b)the operator is no longer a fit and proper person; or
(c)the operator is operating, or has at any time operated, a category A vehicle sharing scheme that does not meet the category A standards.
(2)The Secretary must not revoke an approval under subsection (1) unless the Secretary has—
(a)given the approved category A scheme operator notice under section 207E; and
(b)considered any written submissions made by the approved category A scheme operator within the submission period.
(3)The Secretary must give the approved category A scheme operator written notice of the Secretary's decision under subsection (1).
(4)If the Secretary revokes the approved category A scheme operator's approval, the written notice under subsection (3) must—
(a)include a statement of reasons for the decision; and
(b)inform the applicant that they may seek review of the decision under Division 4.
207ENotice of intention to revoke approval
(1)Before the Secretary makes a decision under section 207D, the Secretary must give an approved category A scheme operator written notice stating—
(a)that the Secretary intends to revoke the operator's approval; and
(b)the reasons for the intention to revoke the approval; and
(c)that the operator, within the submission period, may make written submissions to the Secretary regarding why the approval should not be revoked.
(2)For the purposes of subsection (1)(c), the submission period is—
(a)the period of 10 business days after receiving the notice; or
(b)such longer period as the Secretary allows.
207FPublic notification of decision to revoke approval
If the Secretary revokes an approval under section 207D, the Secretary must ensure that a notification of the decision revoking the approval is published on the Department's Internet site.
Division 3—Register of approved category A scheme operators
207GRegister of approved category A scheme operators
(1)The Secretary must maintain a register of approved category A scheme operators.
(2)The register must include the prescribed information in respect of—
(a)approved category A scheme operators; and
(b)persons who were previously approved category A scheme operators.
(3)The Secretary must ensure that the register is available for inspection on the Department's Internet site.
Division 4—Internal review and Tribunal review
207HApplication for internal review
(1)A person may apply to the Secretary for internal review of—
(a)a decision of the Secretary under section 207A refusing to approve the person to be an approved category A scheme operator; or
(b)a decision of the Secretary under section 207C refusing to renew the person's approval; or
(c)a decision of the Secretary under section 207D revoking the person's approval.
(2)An application under subsection (1) must be made within—
(a)28 days after the day on which the person receives notice of the decision; or
(b)such longer period as the Secretary allows.
(3)An application under subsection (1) must be made in the manner and form determined by the Secretary.
207IStay of operation of revocation decision subject to application for internal review
(1)An application for internal review of a decision revoking a person's approval under section 207D does not affect the operation of the decision or prevent the taking of any action to implement it, unless the Secretary stays the operation of the decision pending the determination of the internal review—
(a)on the Secretary's own initiative; or
(b)on the application of the applicant for review.
(2)The Secretary must make a decision on an application for a stay within 2 business days after the making of that application.
(3)If the Secretary has not made a decision in accordance with subsection (2), the Secretary is taken to have made a decision to grant a stay.
(4)The Secretary may attach any conditions to a stay of operation that the Secretary considers appropriate.
207JDetermination of application for internal review
(1)On receiving an application made in accordance with section 207H, the Secretary must appoint a delegate of the Secretary—
(a)to conduct an internal review of the decision the subject of the application (the original decision); and
(b)to make a decision—
(i)to affirm the original decision; or
(ii)to set aside the original decision and, if the original decision was to refuse to approve the applicant to be an approved category A scheme operator or to refuse to renew their approval, approve the applicant to be an approved category A scheme operator or renew their approval (as the case requires).
(2)The Secretary must not appoint for the purposes of subsection (1) a person who made the original decision as a delegate of the Secretary.
(3)The Secretary must give the applicant written notice of a decision under subsection (1)(b) within 28 days after receiving the application.
(4)If the Secretary does not give the applicant written notice of a decision under subsection (1)(b) within the period specified in subsection (3), the original decision is taken to have been affirmed.
207KApplication for Tribunal review
(1)A person may apply to the Tribunal for review of—
(a)a decision made under section 207J(1)(b)(i); or
(b)a decision taken to have been made under section 207J(4).
(2)An application under subsection (1) must be made within 28 days after the later of—
(a)the day on which the decision is made or taken to have been made; or
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
Division 5—Authorising agreements
207LAuthorising agreements
(1)An approved category A scheme operator may enter into an agreement with a municipal council under which the person may operate a category A vehicle sharing scheme within the municipal district of that council.
(2)A person may enter into an agreement with a municipal council under which the person may operate a category B vehicle sharing scheme within the municipal district of that council.
(3)An agreement under this section must make provision for or with respect to—
(a)the vehicles that are to be made available for hire under the scheme; and
(b)the prescribed matters (if any).
Examples
Prescribed matters may include the period of the scheme, how the agreement may be terminated and insurance requirements.
Division 6—Offences
207MOffence to make vehicle available for hire under vehicle sharing scheme unless certain requirements are met
(1)A person must not make a vehicle available for hire under a category A vehicle sharing scheme unless—
(a)the vehicle is a category A vehicle; and
(b)the person is an approved category A scheme operator; and
(c)the person is a party to an agreement under section 207L(1) with the municipal council that governs the municipal district in which the vehicle is located.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(2)A person must not make a vehicle available for hire under a category B vehicle sharing scheme unless—
(a)the vehicle is a category B vehicle; and
(b)the person is a party to an agreement under section 207L(2) with the municipal council that governs the municipal district in which the vehicle is located.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
207NOffence to operate category A vehicle sharing scheme that does not meet category A standards
An approved category A scheme operator must not operate a category A vehicle sharing scheme that does not meet the category A standards.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
Division 7—General
207ORegulations
(1)The Governor in Council may make regulations for or with respect to—
(a)standards or requirements for a category A vehicle sharing scheme, including standards or requirements for any of the following—
(i)systems and processes to ensure that a helmet is made available to each person who hires a category A vehicle made available under the scheme;
(ii)systems to detect whether a person who is riding or otherwise using, or about to ride or otherwise use, a category A vehicle made available under the scheme is wearing a helmet;
(iii)systems to detect the location of category A vehicles made available under the scheme and to regulate or control their speed or movement or give warnings or other communications based on their location;
(iv)systems to ensure that category A vehicles made available for hire under the scheme are parked or otherwise left in a particular place or in a particular manner after their period of hire;
(v)systems to prevent a person from riding or otherwise using a category A vehicle made available under the scheme while the person is intoxicated;
(vi)technological or safety features of category A vehicles made available under the scheme;
(b)anything required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part.
(2)The regulations may—
(a)be of general or limited application;
(b)differ according to differences in time, place or circumstance;
(c)apply, adopt or incorporate any matter contained in any document whether—
(i)wholly or partially or as amended by the regulations; or
(ii)as in force at a particular time or as amended from time to time.
(3)In this section—
systems includes software applications and software systems.".
9New Division 17 of Part VIII inserted
After Division 16 of Part VIII of the Transport (Compliance and Miscellaneous) Act 1983 insert—
"Division 17—Savings and transitional arrangements—Transport Legislation Amendment (Vehicle Sharing Scheme Safety and Standards) Act 2025
366Vehicle sharing schemes—agreements and approvals
(1)On the commencement day, a relevant agreement is taken to be—
(a)if the agreement makes provision for or with respect to electric scooters that are to be made available for hire—an agreement entered into under section 207L(1); or
(b)if the agreement makes provision for or with respect to bicycles that are to be made available for hire—an agreement entered into under section 207L(2).
(2)Despite anything to the contrary in Part VIA, a person who, immediately before the commencement day, is a party to a relevant agreement is not required to be an approved category A scheme operator to make a vehicle available for hire under a category A vehicle sharing scheme for the period—
(a)beginning on that day; and
(b)ending on the earlier of the following—
(i)the day on which the agreement ends;
(ii)the day that is 3 months after the commencement day.
(3)In this section—
approved category A scheme operator has the same meaning as in Part VIA;
bicycle has the same meaning as in the Road Safety Act 1986;
category A vehicle sharing scheme has the same meaning as in Part VIA;
commencement day means the day on which section 6 of the Transport Legislation Amendment (Vehicle Sharing Scheme Safety and Standards) Act 2025 comes into operation;
electric scooter has the same meaning as in the Road Safety Act 1986;
relevant agreement means—
(a)an agreement—
(i)entered into under section 90T of the Road Safety Act 1986 before the commencement day; and
(ii)in effect immediately before the commencement day; or
(b)an agreement between a person and a municipal council that is an agreement—
(i)entered into before 1 July 2024; and
(ii)in effect immediately before the commencement day; and
(iii)under which the person may operate, within the municipal district of that council, a scheme under which electric scooters or bicycles are—
(A)made available for hire; and
(B)hired, from wherever they are located, through a wholly or partly automated system; and
(C)not required to be returned, after the period of hire ends, to private premises.
vehicle has the same meaning as in the Road Safety Act 1986.".
PART 4—REPEAL OF THIS ACT
10Repeal of this Act
This Act is repealed on 18 February 2027.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 19 February 2025
Legislative Council: 3 April 2025
The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986 in relation to vehicle sharing schemes and offences involving electric scooters and the Transport (Compliance and Miscellaneous) Act 1983 in relation to vehicle sharing schemes and for other purposes."
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