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

Authorised by the Chief Parliamentary Counsel Authorised Version i Transport (Compliance and Miscellaneous) (Passenger Vehicles) Amendment Regulations 2011 S.R. No. 75/2011 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Regulations 2 5 Authorising provisions 2 6 Definitions 2 7 Application of regulations to employees and police etc. 2 8 When a licence must be returned 2 9 Duplicate licence may be issued 2 10 Records to be kept by a licence holder 3 11 Vehicle specifications 3 12 Vehicle modifications not permitted without approval 3 13 Inspections of vehicles operated by licence holders 3 14 Number plates, signs, symbols, notices and labels 3 15 Fares and timetables 4 16 Issue of tickets 4 17 Passenger without ticket may be asked to leave 4 18 Concession fares—children 4 and over and under 15 4 19 Driver may refuse to carry certain passengers 4 20 Notices to be fixed on or in the vehicle 4 21 Bulkhead behind driver’s seat 4 22 New Part 6 inserted 5 PART 6—TRANSITIONAL PROVISIONS—TRANSPORT (COMPLIANCE AND MISCELLANEOUS) (PASSENGER VEHICLES) AMENDMENT REGULATIONS 2011 5 74 Definitions 5 75 Regulatory instruments 7 76 Notices to be fixed on or in the vehicle 8 ═══════════════ ENDNOTES 9 -- 1 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 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 1 Objective 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. 2 Authorising provisions These Regulations are made under sections 256 and 318 of the Transport (Compliance and Miscellaneous) Act 1983. 3 Commencement These Regulations come into operation on 1 August 2011. -- 2 of 10 -- S.R. No. 75/2011 Transport (Compliance and Miscellaneous) (Passenger Vehicles) Amendment Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 4 Principal Regulations In these Regulations, the Transport (Passenger Vehicles) Regulations 20051 are called the Principal Regulations. 5 Authorising provisions In regulation 2 of the Principal Regulations for "and 256" substitute ", 256 and 318". 6 Definitions (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.". 7 Application 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". 8 When a licence must be returned In regulation 16 of the Principal Regulations, for "Director" (where twice occurring) substitute "licensing authority". 9 Duplicate licence may be issued In regulation 17 of the Principal Regulations, for "Director" substitute "licensing authority". r. 4 -- 3 of 10 -- S.R. No. 75/2011 Transport (Compliance and Miscellaneous) (Passenger Vehicles) Amendment Regulations 2011 3 Authorised by the Chief Parliamentary Counsel 10 Records 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". 11 Vehicle specifications In regulation 20(3) of the Principal Regulations, for "Director" substitute "licensing authority". 12 Vehicle 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". 13 Inspections 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". 14 Number 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". r. 10 -- 4 of 10 -- S.R. No. 75/2011 Transport (Compliance and Miscellaneous) (Passenger Vehicles) Amendment Regulations 2011 4 Authorised by the Chief Parliamentary Counsel 15 Fares and timetables In regulation 42(1) of the Principal Regulations, for "Director" substitute "licensing authority". 16 Issue of tickets In regulation 43(2) of the Principal Regulations, for "Director" (where twice occurring) substitute "licensing authority". 17 Passenger without ticket may be asked to leave In regulation 47(1)(c) of the Principal Regulations, for "Director" substitute "licensing authority". 18 Concession fares—children 4 and over and under 15 In regulation 49(a) of the Principal Regulations, for "Director" substitute "Secretary". 19 Driver may refuse to carry certain passengers In regulation 71(2) of the Principal Regulations, for "Director" substitute "Secretary". 20 Notices to be fixed on or in the vehicle In clause 13 of Schedule 2 to the Principal Regulations, for "Director" substitute "Secretary". 21 Bulkhead behind driver’s seat In clause 25 of Schedule 2 to the Principal Regulations, for "Director" substitute "Secretary". r. 15 -- 5 of 10 -- S.R. No. 75/2011 Transport (Compliance and Miscellaneous) (Passenger Vehicles) Amendment Regulations 2011 5 Authorised by the Chief Parliamentary Counsel 22 New Part 6 inserted After Part 5 of the Principal Regulations insert— "PART 6—TRANSITIONAL PROVISIONS— TRANSPORT (COMPLIANCE AND MISCELLANEOUS) (PASSENGER VEHICLES) AMENDMENT REGULATIONS 2011 74 Definitions 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 r. 22 -- 6 of 10 -- S.R. No. 75/2011 Transport (Compliance and Miscellaneous) (Passenger Vehicles) Amendment Regulations 2011 6 Authorised by the Chief Parliamentary Counsel 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; r. 22 -- 7 of 10 -- S.R. No. 75/2011 Transport (Compliance and Miscellaneous) (Passenger Vehicles) Amendment Regulations 2011 7 Authorised by the Chief Parliamentary Counsel (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. 75 Regulatory 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 r. 22 -- 8 of 10 -- S.R. No. 75/2011 Transport (Compliance and Miscellaneous) (Passenger Vehicles) Amendment Regulations 2011 8 Authorised by the Chief Parliamentary Counsel to the Secretary, unless the context otherwise requires. 76 Notices 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. __________________". ═══════════════ r. 22 -- 9 of 10 -- S.R. No. 75/2011 Transport (Compliance and Miscellaneous) (Passenger Vehicles) Amendment Regulations 2011 9 Authorised by the Chief Parliamentary Counsel 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. Endnotes -- 10 of 10 --