Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2020 (Vic)

Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2020

S.R. No. 104/2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Objectives—Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014

5Definition of infringement notice revoked

6Regulation 5 revoked

7Regulation 7 substituted

8Schedule amended

9Schedule further amended

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Endnotes

STATUTORY RULES 2020

S.R. No. 104/2020

Transport (Safety Schemes Compliance and Enforcement) Act 2014

Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 29 September 2020

Responsible Minister:

BEN CARROLL
Minister for Public Transport

CLAIRE CHISHOLM

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014—

(a)to revoke redundant transport safety infringements prescribed for offences under the Rail Safety (Local Operations) Act 2006, the Rail Safety (Local Operations) (Accreditation and Safety) Regulations 2018 and the Bus Safety Regulations 2010; and

(b)to prescribe transport safety infringements, and infringement penalties in respect of those infringements, for offences against transport safety infringement laws in the Bus Safety Regulations 2020; and

(c)to make consequential amendments required due to the repeal of the Rail Safety (Local Operations) Act 2006 and associated provisions in the Transport (Safety Schemes Compliance and Enforcement) Act 2014.

2Authorising provision

These Regulations are made under section 132 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014.

3Commencement

(1)Subject to subregulation (2), these Regulations come into operation on 9 October 2020.

(2)Regulation 9 comes into operation on 5 April 2021.

4Objectives—Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014

In regulation 1 of the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014[1]—

(a)paragraph (a) is revoked;

(b)in paragraph (c), after "appear in" insert "transport safety".

5Definition of infringement notice revoked

In regulation 4 of the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014, the definition of infringement notice is revoked.

6Regulation 5 revoked

Regulation 5 of the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 is revoked.

7Regulation 7 substituted

For regulation 7 of the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014 substitute—

"7   Transport safety infringement notice

In addition to the requirements of section 13 of the Infringements Act 2006, a transport safety infringement notice must state that the infringement is a transport safety infringement.".

8Schedule amended

In the Schedule to the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014—

(a)in column 2, for "Bus Safety Regulations 2010" substitute "Bus Safety Regulations 2020";

(b)for items 116 to 127 substitute—

"116	reg. 6(2)	Operator failing to ensure notice of maximum number of passengers is displayed in the bus	1 penalty unit	9990
117	reg. 8(1)	Operator of school bus failing to ensure complying lights and signs fitted to bus	4 penalty units	9450
118	reg. 9(1)	Failing to ensure fire extinguishers are provided on bus in accordance with requirements for that bus	2 penalty units	9991
119	reg. 9(2)	Failing to ensure fire extinguishers fitted on bus are operational	2 penalty units	9453
120	reg. 12(1)	Accredited bus operator failing to display number plates on buses	2 penalty units	9455
121	reg. 12(2)	Displaying accredited bus operator plates when not permitted	2 penalty units	9456
122	reg. 13(2)	Driver of school bus failing to ensure each light, sign or other device operates when bus is stationary	2 penalty units	9451
123	reg. 13(5)	Operator allowing bus to be used for school bus service before light, sign or other device is operational	4 penalty units	9452
124	reg. 31	Accredited bus operator failing to keep records in a safe and secure location for specified period	1 penalty unit	9457
125	reg. 33	Operator failing to keep records in the English language	1 penalty unit	9458
126	reg. 45(1)	Failing to comply with direction to undertake investigation into bus incident	2 penalty units	9459
127	reg. 45(3)	Failing to commence investigation within 7 days of direction	2 penalty units	9460
127A	reg. 46(2)	Bus operator failing to provide investigation report to Safety Director within specified time	1 penalty unit	9461";

(c)omit "Offences Against Local Rail Safety Laws";

(d)in column 2 omit "Rail Safety (Local Operations) Act 2006";

(e)omit items 128 to 132;

(f)in column 2 omit "Rail Safety (Local Operations) (Accreditation and Safety) Regulations 2018";

(g)omit items 133 to 135.

9Schedule further amended

In the Schedule to the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014—

(a)after item 119 insert—

"119A	reg. 10(1)	Accredited bus operator failing to display accreditation number on bus	2 penalty units	9992
119B	reg. 10(3)	Displaying accreditation number when bus not used by accredited bus operator with that accreditation number	2 penalty units	9993
119C	reg. 11(1)	Registered bus operator failing to display registration number on bus	2 penalty units	9994
119D	reg. 11(3)	Displaying registration number when bus not used by registered bus operator with that registration number	2 penalty units	9995";

(b)after item 124 insert—

"124A reg. 32 Registered bus operator failing to keep records in a safe and secure location for specified period 1 penalty unit 9996".

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Endnotes

[1] Reg. 4: S.R. No. 32/2014 as amended by S.R. Nos 76/2015, 77/2017 and 104/2018.

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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.