Transport (Infringements) (Amendment) Regulations 2008
Transport (Infringements) (Amendment)
Regulations 2008
S.R. No. 72/2008
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provision 1
3 Commencement 2
4 Principal Regulations 2
5 Revocation of items in the Table in Schedule 3 2
6 Insertion and substitution of new items under the subheading
"Conduct Affecting Amenity" in the Table in Schedule 3 2
7 Insertion and substitution of new items under the subheading
"General Conduct Affecting Safety" in the Table in Schedule 3 4
8 Insertion and substitution of new items under the subheading
"Railway and Tramway Tracks" in the Table in Schedule 3 5
9 Insertion of new items under the subheading "Commercial
Passenger Vehicles and Private Bus Services" in the Table in
Schedule 3 7
10 Insertion and substitution of new items under the subheading
"Taxi-Cabs" in the Table in Schedule 3 8
11 Insertion and substitution of new items under the subheading
"Passenger Vehicles" in the Table in Schedule 3 10
═══════════════
ENDNOTES 11
i
-- 1 of 12 --
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
1 Objective
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.
2 Authorising provision
These Regulations are made under section 215 of
the Transport Act 1983.
1
-- 2 of 12 --
S.R. No. 72/2008
Transport (Infringements) (Amendment) Regulations 2008
r. 3
3 Commencement
These Regulations come into operation on 29 June
2008.
4 Principal Regulations
In these Regulations the Transport (Infringements)
Regulations 19991 are called the Principal
Regulations.
5 Revocation 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.
6 Insertion 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
2
-- 3 of 12 --
S.R. No. 72/2008
Transport (Infringements) (Amendment) Regulations 2008
r. 6
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".
3
-- 4 of 12 --
S.R. No. 72/2008
Transport (Infringements) (Amendment) Regulations 2008
r. 7
7 Insertion 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
4
-- 5 of 12 --
S.R. No. 72/2008
Transport (Infringements) (Amendment) Regulations 2008
r. 8
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".
8 Insertion 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)".
5
-- 6 of 12 --
S.R. No. 72/2008
Transport (Infringements) (Amendment) Regulations 2008
r. 8
(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".
6
-- 7 of 12 --
S.R. No. 72/2008
Transport (Infringements) (Amendment) Regulations 2008
r. 9
9 Insertion 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".
7
-- 8 of 12 --
S.R. No. 72/2008
Transport (Infringements) (Amendment) Regulations 2008
r. 10
(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".
10 Insertion 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
8
-- 9 of 12 --
S.R. No. 72/2008
Transport (Infringements) (Amendment) Regulations 2008
r. 10
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".
9
-- 10 of 12 --
S.R. No. 72/2008
Transport (Infringements) (Amendment) Regulations 2008
r. 11
11 Insertion 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".
═══════════════
10
-- 11 of 12 --
S.R. No. 72/2008
Transport (Infringements) (Amendment) Regulations 2008
Endnotes
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.
11
-- 12 of 12 --