Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010

i Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010 S.R. No. 133/2010 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provisions 1 3 Commencement 2 PART 2—AMENDMENTS TO THE TRANSPORT (PASSENGER VEHICLES) REGULATIONS 2005 3 4 Authorising provisions 3 5 Definitions 3 6 When a licence must be returned 4 7 Records to be kept by an accredited person 4 8 Provisions relating to vehicles revoked 4 9 Operating doors 5 10 Damage 5 11 Provisions relating to number plates, signs and devices revoked 5 12 Maximum number of passengers 5 13 Dress and appearance of drivers 5 14 Driver's ticketing obligations 6 15 Property in vehicle 6 16 Fares and timetables 6 17 Passenger without ticket may be asked to leave 6 18 Fares—children under 4 may travel free 7 19 Concession fares—children 4 and over and under 15 7 20 Fares—responsibility of passenger for child under 15 7 21 No smoking 7 22 No gambling 8 23 No musical instruments to be played 8 24 Restrictions on operation of sound equipment 8 25 No selling and busking etc. 8 26 No drinking liquor or possessing open liquor containers 9 27 No littering 9 28 No graffiti 9 29 No offensive language or behaviour 9 -- 1 of 17 -- Regulation Page ii 30 No annoying things to be brought onto vehicle 9 31 Blocking of doors prohibited 9 32 Entering and leaving 10 33 Regulations 69 and 70 amended 10 34 Carriage of animals 10 35 Part 6 revoked 11 36 Additional requirements for omnibuses and private buses 11 37 Schedule 3 substituted 12 SCHEDULE 3—Application of Third Edition Australian Design Rules (ADR) to Vehicles Manufactured Before 1 July 1988 12 PART 3—AMENDMENTS TO THE TRANSPORT (INFRINGEMENTS) REGULATIONS 2010 13 38 Authorising provisions 13 39 Transport Infringements—Table 2 of Schedule 3 to the Transport (Infringements) Regulations 2010 13 40 Transport Infringements—Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010 13 41 Transport Infringements—Table 10 of Schedule 3 to the Transport (Infringements) Regulations 2010 14 ═══════════════ ENDNOTES 15 -- 2 of 17 -- 1 STATUTORY RULES 2010 S.R. No. 133/2010 Transport (Compliance and Miscellaneous) Act 1983 Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010 The Governor in Council makes the following Regulations: Dated: 26 October 2010 Responsible Minister: MARTIN PAKULA Minister for Public Transport MATTHEW McBEATH Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are to— (a) align the Transport (Passenger Vehicles) Regulations 2005 with the provisions of the Bus Safety Act 2009 and regulations under that Act; and (b) amend incorrect references in the Transport (Infringements) Regulations 2010; and (c) revoke redundant regulations. 2 Authorising provisions These Regulations are made under sections 162 and 215 of the Transport (Compliance and Miscellaneous) Act 1983. -- 3 of 17 -- Part 1—Preliminary Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010 S.R. No. 133/2010 2 3 Commencement (1) These Regulations, except Part 2 and regulation 41, come into operation on the day on which they are made. (2) Part 2 of these Regulations and regulation 41 come into operation on 31 December 2010. __________________ r. 3 -- 4 of 17 -- Part 2—Amendments to the Transport (Passenger Vehicles) Regulations 2005 Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010 S.R. No. 133/2010 3 PART 2—AMENDMENTS TO THE TRANSPORT (PASSENGER VEHICLES) REGULATIONS 2005 4 Authorising provisions In regulation 2 of the Transport (Passenger Vehicles) Regulations 2005 1 for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 5 Definitions In regulation 4 of the Transport (Passenger Vehicles) Regulations 2005— (a) insert the following definitions— "bus means a bus within the meaning of the Bus Safety Act 2009 that is— (a) operated for the purpose of a commercial bus service within the meaning of the Bus Safety Act 2009; or (b) operated for the purpose of a local bus service within the meaning of the Bus Safety Act 2009; or (c) built with seating positions for 13 or more adults (including the driver) and operated for the purpose of a community and private bus service within the meaning of the Bus Safety Act 2009; registered person means a person who is a registered bus operator within the meaning of the Bus Safety Act 2009;"; r. 4 -- 5 of 17 -- Part 2—Amendments to the Transport (Passenger Vehicles) Regulations 2005 Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010 S.R. No. 133/2010 4 (b) for the definition of accredited person substitute— "accredited person means a person who is an accredited bus operator within the meaning of the Bus Safety Act 2009;"; (c) for the definition of regular passenger service substitute— "regular passenger service has the same meaning as in the Bus Services Act 1995;"; (d) for the definition of vehicle substitute— "vehicle means a commercial passenger vehicle other than a taxi-cab or a bus."; (e) the definitions of accreditation, omnibus, private bus and public passenger vehicle are revoked. 6 When a licence must be returned For regulation 16(d) of the Transport (Passenger Vehicles) Regulations 2005 substitute— "(d) the holder changes the seating capacity of the vehicle to which the licence relates; (e) when a person becomes an accredited person or a registered person in respect of the vehicle to which the licence relates.". 7 Records to be kept by an accredited person Regulation 19 of the Transport (Passenger Vehicles) Regulations 2005 is revoked. 8 Provisions relating to vehicles revoked Regulations 20(2), 21(2), 23 and 24(2) of the Transport (Passenger Vehicles) Regulations 2005 are revoked. r. 6 -- 6 of 17 -- Part 2—Amendments to the Transport (Passenger Vehicles) Regulations 2005 Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010 S.R. No. 133/2010 5 9 Operating doors In regulation 25 of the Transport (Passenger Vehicles) Regulations 2005, for "public commercial passenger vehicle, or a public passenger vehicle operated for the purpose of a regular passenger service," substitute "bus or vehicle". 10 Damage In regulation 26 of the Transport (Passenger Vehicles) Regulations 2005 for "or accredited person's vehicle" substitute "vehicle or accredited person's bus". 11 Provisions relating to number plates, signs and devices revoked Regulations 30(2), 31 and 33 of the Transport (Passenger Vehicles) Regulations 2005 are revoked. 12 Maximum number of passengers For regulation 34(1) of the Transport (Passenger Vehicles) Regulations 2005 substitute— "(1) The driver of a vehicle must not carry in the vehicle any more than the number of passengers, including standing passengers, specified in the licence for that vehicle.". 13 Dress and appearance of drivers In regulation 38 of the Transport (Passenger Vehicles) Regulations 2005 omit "commercial passenger". r. 9 -- 7 of 17 -- Part 2—Amendments to the Transport (Passenger Vehicles) Regulations 2005 Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010 S.R. No. 133/2010 6 14 Driver's ticketing obligations In regulation 40(1) of the Transport (Passenger Vehicles) Regulations 2005, for "public passenger vehicle" substitute "bus". 15 Property in vehicle (1) In regulation 41(1) and (2) of the Transport (Passenger Vehicles) Regulations 2005, before "vehicle" (wherever occurring) insert "bus or". (2) For regulation 41(3) of the Transport (Passenger Vehicles) Regulations 2005 substitute— "(3) A driver who is given lost or abandoned property under subregulation (1) or who finds lost or abandoned property in the bus or vehicle must as soon as practicable give it to the licence holder for the bus or vehicle or the accredited person or registered person who operates the bus or vehicle (as the case requires). Penalty: 10 penalty units.". (3) In regulation 41(4) of the Transport (Passenger Vehicles) Regulations 2005, for "or accredited person" (wherever occurring) substitute ", accredited person or registered person". 16 Fares and timetables Regulation 42(2) of the Transport (Passenger Vehicles) Regulations 2005 is revoked. 17 Passenger without ticket may be asked to leave Regulation 47(1)(b) of the Transport (Passenger Vehicles) Regulations 2005 is revoked. r. 14 -- 8 of 17 -- Part 2—Amendments to the Transport (Passenger Vehicles) Regulations 2005 Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010 S.R. No. 133/2010 7 18 Fares—children under 4 may travel free In regulation 48 of the Transport (Passenger Vehicles) Regulations 2005 omit "or a public passenger vehicle operated for the purpose of a regular passenger service". 19 Concession fares—children 4 and over and under 15 For regulation 49(b) of the Transport (Passenger Vehicles) Regulations 2005, substitute— "(b) on a bus 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 entered into under Part 3 of the Bus Services Act 1995.". 20 Fares—responsibility of passenger for child under 15 In regulation 50 of the Transport (Passenger Vehicles) Regulations 2005, for "public passenger vehicle operated for the purpose of a regular passenger service" substitute "bus". 21 No smoking (1) In regulation 52 of the Transport (Passenger Vehicles) Regulations 2005, for "an omnibus" substitute "a bus or vehicle". (2) For regulation 52(2) of the Transport (Passenger Vehicles) Regulations 2005 substitute— "(2) A person who holds a licence for a bus or vehicle must ensure that at least one clearly legible no smoking sign is displayed in the vehicle in a conspicuous place where it can be easily seen by passengers when they board the bus or vehicle. Penalty: 5 penalty units.". r. 18 -- 9 of 17 -- Part 2—Amendments to the Transport (Passenger Vehicles) Regulations 2005 Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010 S.R. No. 133/2010 8 22 No gambling In regulation 53 of the Transport (Passenger Vehicles) Regulations 2005, for "public passenger vehicle" substitute "bus". 23 No musical instruments to be played In regulation 54 of the Transport (Passenger Vehicles) Regulations 2005— (a) for "public passenger vehicle" substitute "bus"; and (b) after "driver of the vehicle" insert "or bus". 24 Restrictions on operation of sound equipment In regulation 55(1) of the Transport (Passenger Vehicles) Regulations 2005 for "public passenger vehicle" substitute "bus". 25 No selling and busking etc. (1) In regulation 56(1) of the Transport (Passenger Vehicles) Regulations 2005— (a) for "public passenger vehicle" substitute "bus"; and (b) for "to operate the vehicle" substitute "for the bus". (2) In regulation 56(2) of the Transport (Passenger Vehicles) Regulations 2005— (a) for "public passenger vehicle" substitute "bus"; and (b) for "person accredited to operate the vehicle" substitute "accredited person for the bus". r. 22 -- 10 of 17 -- Part 2—Amendments to the Transport (Passenger Vehicles) Regulations 2005 Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010 S.R. No. 133/2010 9 26 No drinking liquor or possessing open liquor containers In regulation 57(1) of the Transport (Passenger Vehicles) Regulations 2005— (a) for "public passenger vehicle" substitute "bus"; and (b) for "person accredited to operate the vehicle" substitute "accredited person for the bus". 27 No littering In regulation 58(1) and (2) of the Transport (Passenger Vehicles) Regulations 2005 for "public passenger vehicle operated for the purpose of a regular passenger service" substitute "bus". 28 No graffiti In regulation 60 of the Transport (Passenger Vehicles) Regulations 2005 for "public passenger vehicle" substitute "bus". 29 No offensive language or behaviour In regulation 61 of the Transport (Passenger Vehicles) Regulations 2005 for "public passenger vehicle operated for the purpose of a regular passenger service" substitute "bus". 30 No annoying things to be brought onto vehicle In regulation 62(1), (2) and (3) of the Transport (Passenger Vehicles) Regulations 2005 for "public passenger vehicle operated for the purpose of a regular passenger service" substitute "bus". 31 Blocking of doors prohibited In regulation 65 of the Transport (Passenger Vehicles) Regulations 2005 for "public passenger vehicle operated for the purpose of a regular passenger service" substitute "bus". r. 26 -- 11 of 17 -- Part 2—Amendments to the Transport (Passenger Vehicles) Regulations 2005 Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010 S.R. No. 133/2010 10 32 Entering and leaving In regulation 66(1), (2) and (3) of the Transport (Passenger Vehicles) Regulations 2005— (a) for "public passenger vehicle operated for the purpose of a regular passenger service" substitute "bus"; and (b) after "the vehicle" (wherever occurring) insert "or bus". 33 Regulations 69 and 70 amended In regulations 69 and 70 of the Transport (Passenger Vehicles) Regulations 2005— (a) for "public passenger vehicle operated for the purpose of a regular passenger service" substitute "bus"; and (b) after "the vehicle" (wherever occurring) insert "or bus". 34 Carriage of animals (1) For regulation 72(1) and (2) of the Transport (Passenger Vehicles) Regulations 2005 substitute— "(1) The driver of a public commercial passenger vehicle or a bus operated for the purposes of a regular passenger service must not bring or allow any animal to be brought into the passenger compartment of the vehicle or bus unless— (a) the animal is the guide dog of a sight or hearing impaired person or other assistance animal of a type which may be taken on public transport in accordance with conditions determined by the Director under section 220D(1) of the Act; or r. 32 -- 12 of 17 -- Part 2—Amendments to the Transport (Passenger Vehicles) Regulations 2005 Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010 S.R. No. 133/2010 11 (b) the animal is in a container suitable for the purpose, no inconvenience is caused to any other passenger and the person in charge of the animal cleans and removes from the vehicle any matter emanating from the animal or the container in which the animal is being carried. Penalty: 5 penalty units. Note The conditions determined by the Director under section 220D(1) of the Act are published in the Government Gazette.". (2) In regulation 72(3) of the Transport (Passenger Vehicles) Regulations 2005— (a) for "public passenger vehicle" substitute "bus"; and (b) after "the vehicle" (wherever occurring) insert "or bus". 35 Part 6 revoked Part 6 of the Transport (Passenger Vehicles) Regulations 2005 is revoked. 36 Additional requirements for omnibuses and private buses Part 3 of Schedule 2 to the Transport (Passenger Vehicles) Regulations 2005 is revoked. r. 35 -- 13 of 17 -- Part 2—Amendments to the Transport (Passenger Vehicles) Regulations 2005 Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010 S.R. No. 133/2010 12 37 Schedule 3 substituted For Schedule 3 to the Transport (Passenger Vehicles) Regulations 2005 substitute— "__________________ SCHEDULE 3 Regulation 20 APPLICATION OF THIRD EDITION AUSTRALIAN DESIGN RULES (ADR) TO VEHICLES MANUFACTURED BEFORE 1 JULY 1988 ADR Number Short details Exclusions Requirements applicable to all vehicles 15 Demisting Applies only to vehicles with a seating capacity of more than 7 persons not including the driver manufactured from 1 March 1968 18 Speedometer and odometer 18.5.2.1.1 and 18.5.2.2.1 do not apply 42.8 Exhaust outlet 42.10.3 Driver's seat ". __________________ r. 37 -- 14 of 17 -- Part 3—Amendments to the Transport (Infringements) Regulations 2010 Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010 S.R. No. 133/2010 13 PART 3—AMENDMENTS TO THE TRANSPORT (INFRINGEMENTS) REGULATIONS 2010 38 Authorising provisions In regulation 2 of the Transport (Infringements) Regulations 2010 2 for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 39 Transport Infringements—Table 2 of Schedule 3 to the Transport (Infringements) Regulations 2010 (1) In item 28 of Table 2 in Schedule 3 to the Transport (Infringements) Regulations 2010— (a) for "Spitting on property" substitute "Spitting in, at or on a public transport vehicle or public transport premises"; and (b) for "8953" substitute "8963"; and (c) for "8241" substitute "8964". (2) In item 29 of Table 2 in Schedule 3 to the Transport (Infringements) Regulations 2010— (a) for "Spitting on people" substitute "Spitting at or on people"; and (b) for "3152" substitute "8965"; and (c) for "8242" substitute "8966". 40 Transport Infringements—Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010 In item 154 of Table 8 in Schedule 3 to the Transport (Infringements) Regulations 2010 for "14(2)" substitute "14(1)". r. 38 -- 15 of 17 -- Part 3—Amendments to the Transport (Infringements) Regulations 2010 Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010 S.R. No. 133/2010 14 41 Transport Infringements—Table 10 of Schedule 3 to the Transport (Infringements) Regulations 2010 Table 10 in Schedule 3 to the Transport (Infringements) Regulations 2010 is revoked. ═══════════════ r. 41 -- 16 of 17 -- Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010 S.R. No. 133/2010 15 ENDNOTES 1 Reg. 4: S.R. No. 66/2005. Reprint No. 1 incorporating amendments as at 16 November 2006. Reprinted to S.R. No. 86/2006 and subsequently amended by S.R. Nos 68/2007, 40/2008, 75/2008 and 90/2010. 2 Reg. 38: S.R. No. 4/2010 as amended by S.R. No. 41/2010. Endnotes -- 17 of 17 --