Untitled document

Transport (Infringements) (Amendment) Regulations 2008

S.R. No. 72/2008

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Revocation of items in the Table in Schedule 3

6Insertion and substitution of new items under the subheading "Conduct Affecting Amenity" in the Table in Schedule 3

7Insertion and substitution of new items under the subheading "General Conduct Affecting Safety" in the Table in Schedule 3

8Insertion and substitution of new items under the subheading "Railway and Tramway Tracks" in the Table in Schedule 3

9Insertion of new items under the subheading "Commercial Passenger Vehicles and Private Bus Services" in the Table in Schedule 3

10Insertion and substitution of new items under the subheading "Taxi-Cabs" in the Table in Schedule 3

11Insertion and substitution of new items under the subheading "Passenger Vehicles" in the Table in Schedule 3

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 72/2008

Transport Act 1983

Transport (Infringements) (Amendment) Regulations 2008

The Administrator of the State of Victoria as the Governor's deputy with the advice of the Executive Council, makes the following Regulations:

Dated: 24 June 2008

Responsible Minister:

LYNNE KOSKY
Minister for Public Transport

RYAN HEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Transport (Infringements) Regulations 1999 to prescribe transport infringements in relation to—

(a)taxi-cabs and commercial passenger vehicles; and

(b)accreditation offences for the taxi industry and commercial passenger vehicle drivers; and

(c)conduct on or in relation to public transport.

2Authorising provision

These Regulations are made under section 215 of the Transport Act1983.

3Commencement

These Regulations come into operation on 29 June 2008.

4Principal Regulations

In these Regulations the Transport (Infringements) Regulations 1999[1] are called the Principal Regulations.

5Revocation of items in the Table in Schedule 3

In the Table in Schedule 3 to the Principal Regulations, the items relating to codes 3140, 3205, 3182, 3186, 3187, 3188, and 3189 are revoked.

6Insertion and substitution of new items under the subheading "Conduct Affecting Amenity" in the Table in Schedule 3

(1)In the Table in Schedule 3 to the Principal Regulations, after the item relating to code 3120 insert—

"reg. 20(1)	Taking a dog or other animal onto or into a rail or road vehicle or rail premises	1×47	3236
reg. 20(4)	Failing to remove matter emanating from dog or other animal or from the dog or other animal's container	1×47	3237".

(2)In the Table in Schedule 3 to the Principal Regulations, after the item relating to code 3223 insert—

"reg. 24A(1)	Smoking in or on rolling stock, a tram stop shelter or bus stop shelter, or a covered train platform	1×47	3140
reg. 24A(2)	Smoking in or on public transport property where notice prohibiting smoking is displayed	1×47	3238".

(3)In the Table in Schedule 3 to the Principal Regulations, for the item relating to code 3200 substitute—

"reg. 27	Writing, drawing or affixing any word, representation, character or poster on any rail or road vehicle or rail premises	1×96	3200
reg. 27A	Scratching or burning a rail or road vehicle or rail premises	1×96	3239
reg. 27B(1)	Placing feet other than on the floor or on a part of a rail or road vehicle specifically designed for the placing of feet	1×47	3205
reg. 27B(2)	Placing feet on furniture of a passenger transport company not specifically designed for the placing of feet	1×47	3242".

7Insertion and substitution of new items under the subheading "General Conduct Affecting Safety" in the Table in Schedule 3

(1)In the Table in Schedule 3 to the Principal Regulations, for the item relating to code 3170 substitute—

"s. 221ZE(1)	Travelling or attempting to travel on part of vehicle not meant for travel	2×45		3170
Transport (Conduct) Regulations 2005".

(2)In the Table in Schedule 3 to the Principal Regulations, after the item relating to code 3178 insert—

"reg. 31 Protruding part of body or object from rail or road vehicle while vehicle is in motion 1×96 3187".

(3)In the Table in Schedule 3 to the Principal Regulations, after the item relating to code 3190 insert—

"reg. 34(3)	Jumping or climbing over barrier	1×47	3243
reg. 34A(1)	Entering or leaving or attempting to enter or leave a road or rail vehicle while vehicle is in motion	2×45	3186
reg. 34A(2)	Stepping, standing, sitting, kneeling or lying on or holding onto an exterior part of a rail vehicle while vehicle is in motion	2×45	3244

reg. 34A(3) Entering onto part of rail vehicle not designed for purpose of carriage while vehicle is in motion 2×45 3245".

(4)In the Table in Schedule 3 to the Principal Regulations, for the item relating to code 3173 substitute—

"reg. 36(2)  Failing to obey traffic control devices and parking control signs on rail premises 0×5 3173".

(5)In the Table in Schedule 3 to the Principal Regulations, for the item relating to code 3153 substitute—

"reg. 36(5) Failing to comply with direction when driving, riding or parking a vehicle on rail premises 0×5 3153".

8Insertion and substitution of new items under the subheading "Railway and Tramway Tracks" in the Table in Schedule 3

(1)In the Table in Schedule 3 to the Principal Regulations, in the item relating to code 3181, for "39(a)" substitute "39(1)(a)".

(2)In the Table in Schedule 3 to the Principal Regulations, after the item relating to code 3181 insert—

"reg. 39(1)(ab) Pedestrian crossing railway track when warning signals or devices operating 2×45 3189".

(3)In the Table in Schedule 3 to the Principal Regulations, in the item relating to code 3224, for "39(b)" substitute "39(1)(b)".

(4)In the Table in Schedule 3 to the Principal Regulations, in the item relating to code 3183, for "39(e)" substitute "39(1)(e)".

(5)In the Table in Schedule 3 to the Principal Regulations, after the item relating to code 3183 insert—

"reg. 39(2) Pedestrian crossing railway tracks other than at crossing place 2×45 3188".

(6)In the Table in Schedule 3 to the Principal Regulations, for the item relating to code 3191 substitute—

"reg. 41(1)	Entering a place between platforms where there is a railway track or tramway track	2×45	3191
reg. 41(2)	Descending from a platform onto a railway or designated tramway track other than at crossing place	2×45	3246
reg. 41(3)	Entering on to railway or designated tramway track other than at crossing place	2×45	3247".

(7)In the Table in Schedule 3 to the Principal Regulations, after the item relating to code 3235 insert—

"reg. 43(1)	Stopping vehicle on level crossing between boom gates	1×47	3248
reg. 43(2)	Standing on level crossing between boom gates when closed	1×47	3249
reg. 43(2)	Walking through an area between boom gates when closed	1×47	3269".

9Insertion of new items under the subheading "Commercial Passenger Vehicles and Private Bus Services" in the Table in Schedule 3

(1)In the Table in Schedule 3 to the Principal Regulations, before the item relating to code 2556 insert—

"s. 131	Taxi-cab operator operating or permitting operation of taxi-cab without being accredited	12	3250
s. 133B	Failing to comply with condition restriction or other limitation imposed on accreditation	6	3251
s. 134(4)	Failing to notify licensing authority of recovered certificate of accreditation and returning the recovered certificate	4	3252
s. 134A(2)	Failing to produce certificate of accreditation for inspection	1	3253
s. 135E(1)	Failure to return certificate or (if lost or stolen) provide a statement verified by statutory declaration where accreditation cancelled or suspended	4	3254
s. 135F(5)	Failing to comply with improvement notice	4	3255
s. 137A(4)	Failing to notify of relevant change in circumstances	12	3256
s. 137A(4)	Failing to surrender certificate if certificate of accreditation has become inaccurate or inapplicable	12	3273
s. 144(1A)	Breach of licence condition relating to a vehicle	2	3258
s. 144(4)	Breach of licence condition relating to equipment	2	3259".

(2)In the Table in Schedule 3 to the Principal Regulations, after the item relating to code 2558 insert—

"s. 169EC Failing to notify Director of suspension or cancellation of driver licence or probationary licence and to return certificate of accreditation 1 3260".

(3)In the Table in Schedule 3 to the Principal Regulations, after the item relating to code 2565 insert—

"s. 169WA(2)	Operator permitting a person who is not a holder of a driver accreditation to drive a commercial passenger vehicle	2	3261
s. 169WA(2)	Operator permitting a person who is not a holder of a driver accreditation to drive a vehicle used for the operation of a private bus service	2	3262".

10Insertion and substitution of new items under the subheading "Taxi-Cabs" in the Table in Schedule 3

(1)In the Table in Schedule 3 to the Principal Regulations, after the item relating to code 2380 insert—

"reg. 13(3)	Installing equipment in or on or fitting equipment to a taxi-cab without written approval	2	3263
reg. 13(4)	Permitting the installing or fitting of equipment in or on or fitting equipment to a taxi-cab without written approval	2	3264
reg. 13A	Using or permitting to be used equipment without written approval	2	3265".

(2)In the Table in Schedule 3 to the Principal Regulations, after the item relating to code 2634 insert—

"reg. 41(8)	Failing to give receipt for deposit	1	3240
reg. 41(9)(a)	Failing to deduct deposit when less than fare	1	3241
reg. 41(9)(b)	Failing to repay excess of deposit over full fare	1	3274".

(3)In the Table in Schedule 3 to the Principal Regulations, for the item relating to code 2432 substitute—

"reg. 43(6) Failing to offer and give a receipt 1 3266".

(4)In the Table in Schedule 3 to the Principal Regulations, for the item relating to code 2434 substitute—

"reg. 44(1) Operating or permitting a taxi-cab to be operated without a taximeter of a type approved being fitted 2 2434".

(5)In the Table in Schedule 3 to the Principal Regulations, after the item relating to code 2412 insert—

"reg. 46A(1)	Drinking from container containing or purporting to contain liquor	1×47	3271
reg. 46A(2)	Possessing open container containing or purporting to contain liquor	1×47	3272".

11Insertion and substitution of new items under the subheading "Passenger Vehicles" in the Table in Schedule 3

(1)In the Table in Schedule 3 to the Principal Regulations, for the item relating to code 2471 substitute—

"s. 158A(1)	Touting for hire at a specified place	12	2471
s. 158A(2)	Touting for hire at a place other than at a specified place	12	2485".

(2)In the Table in Schedule 3 to the Principal Regulations, after the item relating to code 2478 insert—

"reg. 66(3) Entering or leaving a vehicle while the vehicle is in motion 2×45 3270".

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ENDNOTES

[1] Reg. 4: S.R. No. 112/1999.  Reprint No. 3 as at 1 January 2007.  Reprinted to S.R. No. 138/2006.  Subsequently amended by S.R. Nos 20/2007 and 70/2007.