Transport (Infringements) (Amendment) Regulations 2007

Transport (Infringements) (Amendment) Regulations 2007 S.R. No. 70/2007 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 2 5 Amendment of Schedule 3 2 ═══════════════ ENDNOTES 9 i -- 1 of 10 -- STATUTORY RULES 2007 S.R. No. 70/2007 Transport Act 1983 Transport (Infringements) (Amendment) Regulations 2007 The Governor in Council makes the following Regulations: Dated: 26 June 2007 Responsible Minister: LYNNE KOSKY Minister for Public Transport RUTH LEACH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Transport (Infringements) Regulations 1999 by revoking references to redundant offences and by prescribing new transport infringements relating to the accreditation of drivers of commercial passenger vehicles and private bus services. 2 Authorising provision These Regulations are made under section 215 of the Transport Act 1983. 3 Commencement These Regulations come into operation on 1 July 2007. 1 -- 2 of 10 -- S.R. No. 70/2007 Transport (Infringements) (Amendment) Regulations 2007 r. 4 4 Principal Regulations In these Regulations, the Transport (Infringements) Regulations 19991 are called the Principal Regulations. 5 Amendment of Schedule 3 (1) In Schedule 3 to the Principal Regulations, in the Table before the sub-heading "Taxi-Cabs" insert— "Commercial Passenger Vehicles and Private Bus Services Column 1 Column 2 Column 3 Column 4 Reference Short description of offence Penalty units Code Transport Act 1983 s. 165(1)(a) Driving commercial passenger vehicle without accreditation, unless the vehicle is driven in accordance with section 165(2) or (4) of the Transport Act 1983 5 2556 s. 165(1)(b) Driving a vehicle being used for the operation of a private bus service without accreditation, unless the vehicle is driven in accordance with section 165(3) of the Transport Act 1983 5 2557 2 -- 3 of 10 -- S.R. No. 70/2007 Transport (Infringements) (Amendment) Regulations 2007 r. 5 Column 1 Column 2 Column 3 Column 4 Reference Short description of offence Penalty units Code s. 169B Failure of holder of driver accreditation under Division 6 of Part VI of the Transport Act 1983 to comply with condition of accreditation 1 2558 s. 169R Failure of holder of driver accreditation to notify Director of change of residential address within 7 days of changing address 1 2559 s. 169S Failure of holder of driver accreditation to notify person who holds licence or accreditation to operate vehicle as a commercial passenger vehicle of suspension or cancellation of driver accreditation within 7 days of suspension or cancellation 1 2560 s. 169T(1) Failure of holder of driver accreditation to notify Director of charge, or finding of guilt, of disqualifying offence within 28 days of being charged or found guilty 1 2561 3 -- 4 of 10 -- S.R. No. 70/2007 Transport (Infringements) (Amendment) Regulations 2007 r. 5 Column 1 Column 2 Column 3 Column 4 Reference Short description of offence Penalty units Code s. 169T(2) Failure of holder of driver accreditation to notify Director of becoming subject to reporting obligations or order referred to in section 169(2)(c) within 28 days of becoming so subject 1 2562 s. 169U Failure of holder of driver accreditation to return to the Director a certificate of accreditation that is illegible, altered or defaced and apply for a replacement certificate 1 2563 s. 169V Failure of holder of driver accreditation to return to the Director a certificate of accreditation within 28 days of receiving notice that accreditation has been suspended or cancelled 1 2564 4 -- 5 of 10 -- S.R. No. 70/2007 Transport (Infringements) (Amendment) Regulations 2007 r. 5 Column 1 Column 2 Column 3 Column 4 Reference Short description of offence Penalty units Code s. 169W Failure of holder of driver accreditation to carry certificate of accreditation while driving in circumstances in which he or she is required to carry it under Division 6 of Part VI of the Transport Act 1983 1 2565 s. 169X Failure of holder of driver accreditation to produce certificate of accreditation, in circumstances in which he or she is required to carry it under Division 6 of Part VI of the Transport Act 1983, on request of authorised officer or member of police force 1 2566 ". (2) In Schedule 3 to the Principal Regulations, in the Table under the sub-heading "Taxi-Cabs"— (a) the reference and item set out below are revoked— "Transport Act 1983 s. 156(4) Driving without holding driver's certificate 1⋅5 2361 "; 5 -- 6 of 10 -- S.R. No. 70/2007 Transport (Infringements) (Amendment) Regulations 2007 r. 5 (b) for the reference and items set out below— "Transport (Taxi-Cab) Regulations 2005 reg. 4(3) Driver not notifying failure to hold driver's certificate 1⋅5 2367 reg. 5(4) Breaching certificate condition 1 2362 reg. 6(3) Failing to sign certificate 0⋅5 2363 reg. 6(4) Failing to notify address changes and return certificate within 7 days 0⋅5 2364 reg. 6(5) or reg. 6(6) Failing to return certificate 0⋅5 2365 reg. 8(3) Failing to return illegible driver photo card 0⋅5 2621 reg. 8(4) Failing to return driver photo card when required 1 2622 reg. 9(1) Operator allowing person to drive without driver's certificate 1⋅5 2366 " substitute— "Transport (Taxi-Cabs) Regulations 2005 reg. 6(2) Failure of holder of taxi-cab driver accreditation to comply with a requirement under regulation 6(1) of 1 2567 6 -- 7 of 10 -- S.R. No. 70/2007 Transport (Infringements) (Amendment) Regulations 2007 r. 5 the Transport (Taxi- Cabs) Regulations 2005 reg. 8 Failure of holder of taxi-cab driver accreditation to display driver photo card in a position approved by the Director for the type of vehicle being driven 1 2568 ". (3) In Schedule 3 to the Principal Regulations, in the Table under the sub-heading "Passenger Vehicles"— (a) under the reference in Column 1 to "Transport Act 1983", the item set out below is revoked— "s. 156(4) Driving without holding driver's certificate 1⋅5 2447 "; (b) under the reference in Column 1 to "Transport (Passenger Vehicles) Regulations 2005", the items set out below are revoked— "reg. 10 Failing to sign a certificate 0⋅5 2449 reg. 11 Failing to notify of address changes and return certificate within 7 days 0⋅5 2450 reg. 12 Failing to return certificate 0⋅5 2451 reg. 14 Driver not notifying failure to hold driver's certificate 1⋅5 2453 7 -- 8 of 10 -- S.R. No. 70/2007 Transport (Infringements) (Amendment) Regulations 2007 r. 5 reg. 15(1) Licence holder allowing person to drive without driver's certificate 1⋅5 2452 ". ═══════════════ 8 -- 9 of 10 -- S.R. No. 70/2007 Transport (Infringements) (Amendment) Regulations 2007 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. Further amended by S.R. No. 20/2007. 9 -- 10 of 10 --