Untitled document

Transport (Compliance and Miscellaneous) (Passenger Vehicles) Amendment Regulations 2011

S.R. No. 75/2011

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Authorising provisions

6Definitions

7Application of regulations to employees and police etc.

8When a licence must be returned

9Duplicate licence may be issued

10Records to be kept by a licence holder

11Vehicle specifications

12Vehicle modifications not permitted without approval

13Inspections of vehicles operated by licence holders

14Number plates, signs, symbols, notices and labels

15Fares and timetables

16Issue of tickets

17Passenger without ticket may be asked to leave

18Concession fares—children 4 and over and under 15

19Driver may refuse to carry certain passengers

20Notices to be fixed on or in the vehicle

21Bulkhead behind driver’s seat

22New Part 6 inserted

PART 6—TRANSITIONAL PROVISIONS—TRANSPORT (COMPLIANCE AND MISCELLANEOUS) (PASSENGER VEHICLES) AMENDMENT REGULATIONS 2011

74Definitions

75Regulatory instruments

76Notices to be fixed on or in the vehicle

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 75/2011

Transport (Compliance and Miscellaneous) Act 1983

Transport (Compliance and Miscellaneous) (Passenger Vehicles) Amendment Regulations 2011

The Governor in Council makes the following Regulations:

Dated: 26 July 2011

Responsible Minister:

TERRY MULDER
Minister for Public Transport

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Transport (Passenger Vehicles) Regulations 2005 as a consequence of amendments to the Transport (Compliance and Miscellaneous) Act 1983 made by the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011.

2Authorising provisions

These Regulations are made under sections 256 and 318 of the Transport (Compliance and Miscellaneous) Act 1983.

3Commencement

These Regulations come into operation on 1 August 2011.

4Principal Regulations

In these Regulations, the Transport (Passenger Vehicles) Regulations 2005[1] are called the Principal Regulations.

5Authorising provisions

In regulation 2 of the Principal Regulations for "and 256" substitute ", 256 and 318".

6Definitions

(1)In regulation 4 of the Principal Regulations, in the definition of licensed tester, in paragraph (b) for "Secretary" substitute "licensing authority".

(2)At the foot of the definition of licensed tester in regulation 4 of the Principal Regulations insert—

"Note

The licensing authority is defined in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 to mean the Secretary to the Department of Transport.".

7Application of regulations to employees and police etc.

In regulation 5(c) of the Principal Regulations, for ", the Secretary or the Director" substitute "or the licensing authority".

8When a licence must be returned

In regulation 16 of the Principal Regulations, for "Director" (where twice occurring) substitute "licensing authority".

9Duplicate licence may be issued

In regulation 17 of the Principal Regulations, for "Director" substitute "licensing authority".

10Records to be kept by a licence holder

(1)In regulation 18(2)(a) of the Principal Regulations, for "Director" substitute "licensing authority".

(2)In regulation 18(4) and (5) of the Principal Regulations, for "Director" (where twice occurring) substitute "licensing authority".

11Vehicle specifications

In regulation 20(3) of the Principal Regulations, for "Director" substitute "licensing authority".

12Vehicle modifications not permitted without approval

(1)In regulation 21(1) of the Principal Regulations, for "Director" substitute "licensing authority".

(2)In regulation 21(3) of the Principal Regulations, for "Director" (where twice occurring) substitute "licensing authority".

13Inspections of vehicles operated by licence holders

(1)In regulation 22(1) of the Principal Regulations, for "Director" (wherever occurring) substitute "licensing authority".

(2)In regulation 22(6) of the Principal Regulations, for "Director" (where twice occurring) substitute "licensing authority".

(3)In regulation 22(7) of the Principal Regulations, for "Director" substitute "licensing authority".

14Number plates, signs, symbols, notices and labels

In regulation 30(1) of the Principal Regulations, for ", the Secretary or the Director" (wherever occurring) substitute "or the licensing authority".

15Fares and timetables

In regulation 42(1) of the Principal Regulations, for "Director" substitute "licensing authority".

16Issue of tickets

In regulation 43(2) of the Principal Regulations, for "Director" (where twice occurring) substitute "licensing authority".

17Passenger without ticket may be asked to leave

In regulation 47(1)(c) of the Principal Regulations, for "Director" substitute "licensing authority".

18Concession fares—children 4 and over and under 15

In regulation 49(a) of the Principal Regulations, for "Director" substitute "Secretary".

19Driver may refuse to carry certain passengers

In regulation 71(2) of the Principal Regulations, for "Director" substitute "Secretary".

20Notices to be fixed on or in the vehicle

In clause 13 of Schedule 2 to the Principal Regulations, for "Director" substitute "Secretary".

21Bulkhead behind driver’s seat

In clause 25 of Schedule 2 to the Principal Regulations, for "Director" substitute "Secretary".

22New Part 6 inserted

After Part 5 of the Principal Regulations insert—

"PART 6—TRANSITIONAL PROVISIONS—TRANSPORT (COMPLIANCE AND MISCELLANEOUS) (PASSENGER VEHICLES) AMENDMENT REGULATIONS 2011

74Definitions

In this Part—

commencement day means 1 August 2011.

regulatory instrument means—

(a)an appointment made by the Director under regulation 5;

(b)a notification of licence suspension or revocation given by the Director under regulation 16;

(c)an approval of an address given under regulation 18(2);

(d)an approval, given under regulation 18(4), empowering a person to demand that certain records be made available for inspection;

(e)an approval, given under regulation 18(5), empowering a person to require the giving of certain records;

(f)an approval, given under regulation 20(3), empowering a person to exempt a vehicle from certain requirements;

(g)an approval, given under regulation 21(3), empowering a person to inspect a vehicle and make a finding of fitness for service;

(h)an approval, given under regulation 22(1), empowering a person to direct that a vehicle be produced for inspection;

(i)an approval, given under regulation 22(1), empowering a person to inspect a vehicle;

(j)a requirement to produce evidence under regulation 22(6);

(k)a requirement, made by the Director under regulation 30(1), that number plates, signs, symbols, notices or labels be attached to a vehicle;

(l)a specification, made by the Director under regulation 30(1), as to the manner in which number plates, signs, symbols, notices or labels must be attached to a vehicle;

(m)an approval, given by the Director under regulation 30(1), as to the type or design of number plates, signs, symbols, notices or labels that must be attached to a vehicle;

(n)a requirement, made by the Director under regulation 42(1), as to the manner and form of the display of certain fares;

(o)an authorisation, given by the Director under regulation 43(2), of a type of ticket;

(p)an approval, given by the Director under regulation 43(2)(d), of the position and form of advertising on a ticket;

(q)an authorisation, given by the Director under regulation 47(1), empowering a person to require that another person leave a vehicle;

(r)an approval, given by the Director under regulation 49, of concession rates under regulation 49;

(s)a specification, made by the Director under regulation 49, of concession rates under regulation 49;

(t)an authorisation, given by the Director under regulation 71(2), empowering a person to require that another person leave a vehicle;

(u)a requirement, made by the Director under clause 25 of Schedule 2, that a public commercial passenger vehicle have a bulkhead behind the driver's seat.

75Regulatory instruments

(1)On the commencement day, every regulatory instrument in force immediately before that day is taken to be a regulatory instrument made, given or issued by the Secretary.

(2)On and after the commencement day, every reference to the Director in a regulatory instrument must be construed as a reference to the Secretary, unless the context otherwise requires.

76Notices to be fixed on or in the vehicle

A notice that is fixed on or in a vehicle to the satisfaction of the Director in accordance with clause 13 of Schedule 2 immediately before the commencement day is taken on that day to be fixed on or in the vehicle to the satisfaction of the Secretary in accordance with that clause.

__________________".

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ENDNOTES

[1] Reg. 4: S.R. No. 66/2005.  Reprint No. 1 as at 16 November 2006.  Reprinted to S.R. No. 86/2006.  Subsequently amended by S.R. Nos 68/2007, 40/2008, 75/2008, 90/2010 and 133/2010.