Transport (Passenger Vehicles) (Amendment) Regulations 1999 (Vic)

Transport (Passenger Vehicles) (Amendment)

Regulations 1999

S.R. No. 61/1999

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Principal Regulations	1
4.	Amendments to definitions	2
5.	School Buses	2
6.	Inspection of vehicles	2
7.	Maximum number of passengers	4
8.	Child fares on regular passenger services	4
9.	Ticket requirements on regular passenger services	5
10.	Amendments to regulation concerning animals on vehicles	6
11.	Behaviour in vehicles	6
12.	New regulation 36	7

36.          Exemption from requirement that vehicle be licensed if

operating on a highway 7

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NOTES 8

i

STATUTORY RULES 1999

S.R. No. 61/1999

Transport Act 1983

Transport (Passenger Vehicles) (Amendment)

Regulations 1999

The Lieutenant-Governor as the Governor's Deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 25 May 1999

Responsible Minister:

ROBIN COOPER

Minister for Transport

SHANNON DELLAMARTA

Acting Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the
Principal Regulations consequential upon the
enactment of the Public Transport Competition

Act 1995.

2. Authorising provision

These Regulations are made under section 162 of the Transport Act 1983.

3. Principal Regulations

In these Regulations, the Transport (Passenger
Vehicles) Regulations 19941 are called the
Principal Regulations.

Transport (Passenger Vehicles) (Amendment) Regulations 1999

r. 4 S.R. No. 61/1999

4. Amendments to definitions

In regulation 4 of the Principal Regulations insert
the following definitions—

"accreditation" means accreditation to operate a

service under Part 2 of the Public Transport
Competition Act 1995;

"accredited person" has the same meaning as in

the Public Transport Competition Act
1995;

"licensed tester" means a person who holds a tester's licence issued under Part 6 of the Road Safety (Vehicles) Regulations 19992

authorising the person to examine and test
buses;

"public passenger vehicle" has the same meaning as in the Public Transport Competition Act 1995;

"regular passenger service" has the same

meaning as in the Public Transport

Competition Act 1995;

"service contract" has the same meaning as in

the Public Transport Competition Act

1995.

5. School Buses

(1) In regulation 15(1) of the Principal Regulations

after "The licence holder" insert ", accredited

person,".

(2) In regulation 15(3) of the Principal Regulations

after "The licence holder" insert ", accredited

person,".

6. Inspection of vehicles

(1) After regulation 18(2) of the Principal Regulations

insert—

Transport (Passenger Vehicles) (Amendment) Regulations 1999

S.R. No. 61/1999 r. 6

"(2A) The Secretary or a person approved by the Secretary may require an accredited person or vehicle driver to produce a public

passenger vehicle operated by the accredited person for inspection by the Secretary or by a licensed tester.

(2B) The accredited person, or vehicle driver,

must produce the vehicle referred to in sub- regulation (2A) for inspection if required to do so.

Penalty: 20 penalty units.".

(2) After regulation 18(3) of the Principal Regulations

insert—

"(3A) If a public passenger vehicle does not

comply with any condition of accreditation notice on the accredited person, the owner of the vehicle or the driver of the vehicle requiring the matters set out in the notice to be rectified within the time specified in the notice.".

imposed under the Public Transport
Competition Act 1995 or under any
regulation made under that Act, the

(3) In regulation 18(4) of the Principal Regulations

after "notice" insert "under sub-regulation (3) or

(3A)".

(4) In regulation 18(5) of the Principal Regulations

after "A licence holder," insert "accredited

person,".

(5) After regulation 18(6) of the Principal Regulations

insert—

"(6A) Where inspection of a public passenger

vehicle is required under sub-regulation (2A)
or (3A), the Secretary may require the

Transport (Passenger Vehicles) (Amendment) Regulations 1999

r. 7 S.R. No. 61/1999

accredited person or owner of the vehicle to
provide to the Secretary evidence that the
accredited person or owner receives from the
person who inspects the vehicle, in the
manner and form specified by the Secretary,
that the vehicle has been inspected and the
result of that inspection.".

(6) In regulation 18(7) of the Principal Regulations after "must" insert ", within 7 days of receiving it".

(7) After regulation 18(7) of the Principal Regulations

insert—

"(7A) The accredited person or owner must, within

7 days of receiving it, provide the evidence
of the inspection referred to in sub-regulation
(6A) to the Secretary.
Penalty: 5 penalty units.".

7. Maximum number of passengers

(1) In regulation 21(1) of the Principal Regulations,

after "in the vehicle licence" insert "or, in the case
of a public passenger vehicle operated by an
accredited person, the number of passengers
specified by a licensed tester in respect of that

type of vehicle".

(2) In regulation 21(2)(b) of the Principal Regulations

for "15" substitute "12".

8. Child fares on regular passenger services

(1) In regulation 22(1) of the Principal Regulations

after "public commercial passenger vehicle"
insert "or a public passenger vehicle operated for

the purpose of a regular passenger service".

(2) For regulation 22(2) of the Principal Regulations

substitute—

Transport (Passenger Vehicles) (Amendment) Regulations 1999

S.R. No. 61/1999 r. 9

"(2) A child over the age of 4 years and under

15 years of age is entitled to pay a fare—

(a)	on a public commercial passenger vehicle at the concession rates set out in the conditions of the licence or as approved or specified by the Secretary; or
(b)	on a public passenger vehicle operated for the purpose of a regular passenger service at the concession rates set out in
the service contract applicable to the regular passenger service.".

(3) In regulation 22(3) of the Principal Regulations

after "public commercial passenger vehicle"
insert "or a public passenger vehicle operated for

the purpose of a regular passenger service".

9. Ticket requirements on regular passenger services

(1) In regulation 23(3) of the Principal Regulations

after "public commercial passenger vehicle"
insert "or a public passenger vehicle operated for

the purpose of a regular passenger service".

(2) In regulation 23(4) of the Principal Regulations

after "public commercial passenger vehicle"
insert "or a public passenger vehicle operated for

the purpose of a regular passenger service".

(3) In regulation 23(5) of the Principal Regulations—

(a)	after "public commercial passenger vehicle" insert "or a public passenger vehicle operated for the purpose of a regular passenger service";
(b)	after "the licence holder," insert "accredited person,".

(4) In regulation 23(6) of the Principal Regulations

after "public commercial passenger vehicle"

Transport (Passenger Vehicles) (Amendment) Regulations 1999

r. 10 S.R. No. 61/1999

insert "or on a public passenger vehicle operated

for the purpose of a regular passenger service".

(5) In regulation 23(7) of the Principal Regulations

after "public commercial passenger vehicle"
insert "or a public passenger vehicle operated for
the purpose of a regular passenger service".

10.  Amendments to regulation concerning animals on vehicles

(1) In regulation 29(2) of the Principal Regulations

after "public commercial passenger vehicle"
insert "or a public passenger vehicle operated for

the purpose of a regular passenger service".

(2) In regulation 29(3) of the Principal Regulations

after "public commercial passenger vehicle"
insert "or a public passenger vehicle operated for

the purpose of a regular passenger service".

11. Behaviour in vehicles

(1) In regulation 33(1) of the Principal Regulations

after "public commercial passenger vehicle"
insert "or on a public passenger vehicle operated

for the purpose of a regular passenger service".

(2) In regulation 33(2) of the Principal Regulations

after "public commercial passenger vehicle"
insert "or on a public passenger vehicle operated

for the purpose of a regular passenger service".

(3) In regulation 33(3) of the Principal Regulations

after "public commercial passenger vehicle"
insert "or on a public passenger vehicle operated

for the purpose of a regular passenger service".

(4) In regulation 33(4) of the Principal Regulations

after "public commercial passenger vehicle"
insert "or on a public passenger vehicle operated
for the purpose of a regular passenger service".

Transport (Passenger Vehicles) (Amendment) Regulations 1999

S.R. No. 61/1999 r. 12

12. New regulation 36

After regulation 35 of the Principal Regulations
insert—

"36. Exemption from requirement that vehicle

be licensed if operating on a highway

A commercial passenger vehicle, not being a taxi-cab within the meaning of section 86(1) of the Act, operated by an accredited person to provide services in accordance with the

conditions of accreditation is exempt from

section 139(1) of the Act.".

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Transport (Passenger Vehicles) (Amendment) Regulations 1999

Notes S.R. No. 61/1999

NOTES

1 Reg. 3: S.R. No. 93/1994. Reprint No. 2 as at 1 May 1999.

2 Reg. 4 def. of "licensed tester": S.R. No. 29/1999.