Transport (Passenger Vehicles) Regulations 2005

i Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provisions 1 3. Commencement 2 4. Definitions 2 5. Application of regulations to employees and police etc. 3 PART 2—CERTIFICATES, LICENCES AND RECORD KEEPING REQUIREMENTS 5 Division 1—Driver's Certificates 5 6. Driver must hold a driver's certificate 5 7. Full driver licence to be held at all times 5 8. Tests, qualifications and other requirements 6 9. Duration of certificate 7 10. Certificate to be signed by holder 7 11. Requirements when name and address change 8 12. When certificate must be returned 8 13. Duplicate certificate may be issued 8 14. Driver to notify licence holder or accredited person of failure to hold certificate 9 15. Licence holder not to allow uncertificated driving 9 Division 2—Licences 10 16. When a licence must be returned 10 17. Duplicate licence may be issued 10 Division 3—Record keeping 10 18. Records to be kept by a licence holder 10 19. Records to be kept by an accredited person 11 -- 1 of 57 -- Regulation Page ii PART 3—VEHICLES 13 20. Vehicle specifications 13 21. Vehicle modifications not permitted without approval 14 22. Inspection of vehicles operated by licence holders 14 23. Inspection of vehicles operated by accredited persons 16 24. Damaged vehicle not to be used until safe 17 25. Operating doors 18 26. Damage 19 27. Fire 19 28. Applying brake or emergency device 19 29. Operating equipment or vehicle 20 PART 4—PLATES, SIGNS AND DEVICES ETC. 21 30. Number plates, signs, symbols, notices and labels 21 31. Devices and signs for school buses 22 32. Destination sign and route number to be displayed 23 33. Fire extinguishers 24 PART 5—VEHICLE OPERATIONS 25 Division 1—Passenger numbers 25 34. Maximum number of passengers 25 Division 2—Other driver obligations 25 35. Driver must not drink alcohol 25 36. Driver to remain with vehicle 26 37. Picking up and setting down passengers 26 38. Dress and appearance of drivers 26 39. Doors of vehicle to be closed when moving 27 40. Driver's ticketing obligations 27 41. Property in vehicle 28 Division 3—Fares, tickets and timetables 29 42. Fares and timetables 29 43. Issue of tickets 29 44. Passenger responsibilities regarding fares and tickets 30 45. Passenger must produce valid ticket 30 46. Passenger must comply with obligations 31 47. Passenger without ticket may be asked to leave 32 48. Fares—children under 4 may travel free 32 49. Concession fares—children 4 and over and under 15 32 50. Fares—responsibility of passenger for child under 15 33 51. Driver may refuse damaged or defaced tickets 33 -- 2 of 57 -- Regulation Page iii Division 4—Passenger behaviour 33 52. No smoking 33 53. No gambling 34 54. No musical instruments to be played 34 55. Restrictions on operation of sound equipment 34 56. No selling and busking etc. 35 57. No drinking liquor or possessing open liquor containers 36 58. No littering 36 59. No spitting 37 60. No graffiti 37 61. No offensive language or behaviour 37 62. No annoying things to be brought onto vehicle 37 63. No protrusion of body or object from vehicle 38 64. No dropping or throwing of objects 38 65. Blocking of doors prohibited 39 66. Entering and leaving 39 67. No mounting of places not intended for travel etc. 40 68. No travelling in places not intended for travel etc. 40 69. No interference with the comfort of others 41 70. No obstruction of driver 41 71. Driver may refuse to carry certain passengers 41 Division 5—General 42 72. Carriage of animals 42 73. Dogs not to occupy seats 43 PART 6—GENERAL 44 74. Exemption from licensing requirement 44 75. Expiry 44 __________________ SCHEDULES 45 SCHEDULE 1—Test of Acuteness of Vision 45 SCHEDULE 2—Vehicle Specifications 47 SCHEDULE 3—Application of Third Edition Australian Design Rules (ADR) to Vehicles Manufactured Before 1 July 1988 52 ═══════════════ ENDNOTES 54 -- 3 of 57 -- 1 STATUTORY RULES 2005 S.R. No. 66/2005 Transport Act 1983 Transport (Passenger Vehicles) Regulations 2005 The Governor in Council makes the following Regulations: Dated: 28 June 2005 Responsible Minister: PETER BATCHELOR Minister for Transport RUTH LEACH Acting Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to regulate the operation of buses, hire cars and other small passenger vehicles (other than taxi-cabs) to facilitate— (a) the safe and efficient operation of those vehicles; and (b) comfortable and convenient travel on those vehicles. 2. Authorising provisions These Regulations are made under sections 162 and 256 of the Transport Act 1983. -- 4 of 57 -- Part 1—Preliminary Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 2 3. Commencement (1) These Regulations, except regulation 40, come into operation on 28 June 2005. (2) Regulation 40 comes into operation on 1 January 2006. 4. Definitions In these Regulations— "accreditation" means accreditation to operate a service under Part 2 of the Public Transport Competition Act 1995; "accredited person" means a person who holds an accreditation under Part 2 of the Public Transport Competition Act 1995; "commercial passenger vehicle" has the same meaning as in section 86 of the Act; "driver's certificate" means a driver's certificate issued under section 156 of the Act to drive a commercial passenger vehicle (other than a taxi-cab) or a private omnibus; "licence" means a licence issued under the Act to operate a commercial passenger vehicle (other than a taxi-cab) or a private omnibus; "licence holder" means a person who holds a licence for a commercial passenger vehicle other than a taxi-cab; "licensed tester" means— (a) a person who holds a tester's licence issued under Part 6 of the Road Safety (Vehicles) Regulations 19991 authorising the person to examine and test buses; or (b) a person approved as a licensed tester by the Secretary; r. 3 -- 5 of 57 -- Part 1—Preliminary Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 3 "omnibus" means a commercial passenger vehicle with a seating capacity of more than 7 passengers, not including the driver; "private omnibus" means a motor vehicle that is used for operating a private bus service within the meaning of the Public Transport Competition Act 1995; "public commercial passenger vehicle" has the same meaning as in section 86 of the Act; "public passenger vehicle" has the same meaning as in the Public Transport Competition Act 1995; "regular passenger service" has the same meaning as in the Public Transport Competition Act 1995; "the Act" means the Transport Act 1983; "ticket validating machine" means a machine which is designed to electronically validate tickets when inserted in the machine or presented to it for scanning; "vehicle" means a commercial passenger vehicle (other than a taxi-cab) and a private omnibus. 5. Application of regulations to employees and police etc. None of the offences in these Regulations apply in relation to anything done in the course of his or her duties by— (a) a person employed by a bus company who has duties in relation to the issue, inspection or collection of tickets for, or the operation of, a vehicle operated by the bus company; (b) a member of the police force; r. 5 -- 6 of 57 -- Part 1—Preliminary Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 4 (c) any person appointed in writing by a bus company or the Secretary for the purposes of these Regulations; (d) an employee, contractor or agent of a bus company. __________________ r. 5 -- 7 of 57 -- Part 2—Certificates, Licences and Record Keeping Requirements Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 5 PART 2—CERTIFICATES, LICENCES AND RECORD KEEPING REQUIREMENTS Division 1—Driver's Certificates 6. Driver must hold a driver's certificate (1) For the purposes of section 156 of the Act, a vehicle is permitted to be driven only by the holder of— (a) a driver's certificate issued under section 156 for the class of vehicle being driven; or (b) a driver's certificate issued under section 156 for a taxi-cab. (2) Sub-regulation (1) does not apply to a person who is driving a commercial passenger vehicle if there are no passengers being carried in the vehicle for hire or reward and the person is driving the vehicle— (a) solely for private use; or (b) to test the vehicle; or (c) as a trainee driver under instruction. (3) Sub-regulation (1) does not apply to a person who is driving a private omnibus— (a) to test the vehicle; or (b) as a trainee driver under instruction. 7. Full driver licence to be held at all times (1) It is a condition of a driver's certificate that the holder must hold a full driver licence to drive a motor vehicle under the Road Safety Act 1986 for the duration of the certificate. r. 6 -- 8 of 57 -- Part 2—Certificates, Licences and Record Keeping Requirements Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 6 (2) The Secretary may exempt the holder of a driver's certificate from the condition set out in sub- regulation (1) if the Secretary is satisfied that the holder— (a) holds a probationary driver licence to drive a motor vehicle under the Road Safety Act 1986; and (b) is fit to drive a vehicle due to his or her experience or due to other special circumstances. 8. Tests, qualifications and other requirements (1) The Secretary may require an applicant for a driver's certificate to pass any test and hold any qualification specified by the Secretary for the specified class of vehicle for which the certificate is issued that relates to and includes the following— (a) his or her fitness to drive a vehicle; (b) the medical condition of the applicant; (c) knowledge of the names and location of significant streets and places in Melbourne or other area relevant to the specified class of vehicle; (d) knowledge and use of the English language; (e) knowledge and skills relating to customer service in the field of commercial passenger transport. r. 8 -- 9 of 57 -- Part 2—Certificates, Licences and Record Keeping Requirements Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 7 (2) The Secretary may require an applicant for a driver's certificate to— (a) give the Secretary a certificate from a registered medical practitioner (within the meaning of the Medical Practice Act 1994) stating that the applicant is not suffering from any condition which would prevent him or her from driving a vehicle; and (b) give the Secretary a certificate from a registered medical practitioner (within the meaning of the Medical Practice Act 1994) or an optometrist registered under the Optometrists Registration Act 1996 stating that he or she has passed the vision acuteness test set out in Schedule 1; and (c) be photographed, or have a digitised image of the applicant made, at a place and in a manner specified by the Secretary; and (d) give the Secretary 3 recent colour passport size photographs of the applicant showing his or her head and full face only; and (e) give the Secretary a specimen signature at a place and in a manner specified by the Secretary. 9. Duration of certificate The Secretary may grant a driver's certificate for a period of up to 3 years. 10. Certificate to be signed by holder The holder of a driver's certificate must sign the certificate as soon as he or she receives it from the Secretary. Penalty: 5 penalty units. r. 9 -- 10 of 57 -- Part 2—Certificates, Licences and Record Keeping Requirements Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 8 11. Requirements when name and address change If the holder of a driver's certificate changes the address shown on the certificate as the holder's address, the holder must within 7 days after the change— (a) notify the details of the change to the Secretary; and (b) return the certificate to the Secretary. Penalty: 5 penalty units. 12. When certificate must be returned The holder of a driver's certificate must return the certificate to the Secretary as soon as practicable after any of the following matters occur— (a) the certificate becomes illegible or is altered or defaced; (b) the Secretary notifies the certificate holder in writing, by post addressed to the holder at the address shown on the certificate, of the revocation or suspension of the certificate; (c) the holder's driver's licence is suspended or cancelled or expires. Penalty: 10 penalty units. 13. Duplicate certificate may be issued The Secretary may issue a duplicate driver's certificate if he or she is satisfied that the certificate has become illegible, altered or defaced or that it has been stolen, lost or destroyed. r. 11 -- 11 of 57 -- Part 2—Certificates, Licences and Record Keeping Requirements Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 9 14. Driver to notify licence holder or accredited person of failure to hold certificate A person who is allowed to drive a vehicle by the licence holder of the vehicle or the accredited person who operates the vehicle must notify the licence holder or accredited person if the person allowed to drive the vehicle does not hold a driver's certificate which authorises him or her to drive the vehicle. Penalty: 10 penalty units. 15. Licence holder not to allow uncertificated driving (1) A licence holder of a vehicle must not allow a person who does not hold a driver's certificate to drive the vehicle. Penalty: 15 penalty units. (2) A licence holder of a vehicle must not permit a person who holds a driver's certificate to drive the vehicle in contravention of— (a) any condition of the licence; or (b) any condition of the person's driver's certificate. (3) It is a defence to a charge under sub-regulation (1) if the person charged proves that he or she believes, after making all reasonable enquiries, that the driver held a driver's certificate which authorised him or her to drive the vehicle. r. 14 -- 12 of 57 -- Part 2—Certificates, Licences and Record Keeping Requirements Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 10 Division 2—Licences 16. When a licence must be returned A licence holder must return the licence to the Secretary within 7 days after any of the following matters occur— (a) the licence becomes illegible, altered or defaced; (b) the Secretary notifies the holder in writing, by post addressed to the holder at the address shown on the licence, that the licence is suspended or revoked; (c) the holder changes the address shown on the licence as the holder's address; (d) the holder changes the seating capacity of the vehicle to which the licence relates. Penalty: 10 penalty units. 17. Duplicate licence may be issued The Secretary may issue a duplicate licence if he or she is satisfied that the licence is altered, defaced or illegible or that it has been lost, stolen or destroyed. Division 3—Record keeping 18. Records to be kept by a licence holder (1) A licence holder of a vehicle must keep the following records— (a) an up to date record of the name, address, driver licence number and driver certificate number of every person who drives the vehicle; and r. 16 -- 13 of 57 -- Part 2—Certificates, Licences and Record Keeping Requirements Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 11 (b) any other records that the licence holder is required to keep as a condition of the licence. Penalty: 10 penalty units. (2) A licence holder must keep the records referred to in sub-regulation (1)— (a) at an address approved by the Secretary; and (b) for a period of at least 3 years from the date the last entries in the records were made. Penalty: 10 penalty units. (3) A licence holder must keep the records referred to in sub-regulation (1) in the English language. Penalty: 5 penalty units. (4) A licence holder must make the records referred to in sub-regulation (1) available for inspection on demand to a member of the police force, the Secretary or a person approved by the Secretary. Penalty: 10 penalty units. (5) If asked by a member of the police force, the Secretary or a person approved by the Secretary, a licence holder must give the member or person an accurate copy of any part or all of the records within a reasonable time. Penalty: 10 penalty units. 19. Records to be kept by an accredited person (1) An accredited person must keep up to date records of the name, address, driver licence number and driver certificate number of every person who drives a vehicle operated by the accredited person. Penalty: 10 penalty units. r. 19 -- 14 of 57 -- Part 2—Certificates, Licences and Record Keeping Requirements Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 12 (2) An accredited person must keep the records referred to in sub-regulation (1)— (a) at an address approved by the Secretary; and (b) for a period of at least 3 years from the date the last entries in the records were made. Penalty: 10 penalty units. (3) An accredited person must keep the records referred to in sub-regulation (1) in the English language. Penalty: 5 penalty units. (4) An accredited person must make the records available for inspection on demand to a member of the police force, the Secretary or a person approved by the Secretary. Penalty: 10 penalty units. (5) If asked by a member of the police force, the Secretary or a person approved by the Secretary, an accredited person must give the member or person an accurate copy of any part or all of the records within a reasonable time. Penalty: 10 penalty units. __________________ r. 19 -- 15 of 57 -- Part 3—Vehicles Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 13 PART 3—VEHICLES 20. Vehicle specifications (1) A licence holder of a vehicle must— (a) ensure that the vehicle complies with all the specifications set out in Schedule 2 that apply to the vehicle; and (b) if the vehicle was manufactured before 1 July 1988, ensure that it also complies with the Australian Design Rule requirements set out in Schedule 3 (as modified by that Schedule). Penalty: 20 penalty units. (2) An accredited person who operates a public passenger vehicle must— (a) ensure that the vehicle complies with all the specifications set out in Schedule 2 that apply to that vehicle; and (b) if the vehicle was manufactured before 1 July 1988, ensure that it also complies with the Australian Design Rule requirements set out in Schedule 3 (as modified by that Schedule). Penalty: 20 penalty units. (3) An officer of the Roads Corporation appointed for the purpose or a person approved by the Secretary may exempt a vehicle from any requirement set out in Schedule 2 or 3 that applies to the vehicle if, in the officer's or person's opinion, the requirement is inappropriate because of— (a) the nature or construction of the vehicle; or (b) the circumstances in which the vehicle is licensed to operate; or r. 20 -- 16 of 57 -- Part 3—Vehicles Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 14 (c) the kind of service the vehicle is used by an accredited person to provide. 21. Vehicle modifications not permitted without approval (1) A licence holder of a vehicle must not, without the prior written approval of the Secretary— (a) make, or allow to be made, any alteration to the construction or equipment of the vehicle; or (b) install or attach any fitting or equipment to either the inside or outside of the vehicle. Penalty: 20 penalty units. (2) An accredited person who operates a public passenger vehicle must not, without the prior written approval of the Secretary— (a) make, or allow to be made, any alteration to the construction or equipment of the vehicle; or (b) install or attach any fitting or equipment to either the inside or outside of the vehicle. Penalty: 20 penalty units. (3) If an alteration has been made to the construction or equipment of a vehicle, the licence holder or accredited person must not use the vehicle or allow it to be used until the Secretary, or a person approved by the Secretary, has inspected the vehicle and found it to be fit for service. Penalty: 20 penalty units. 22. Inspection of vehicles operated by licence holders (1) The Secretary, a person approved by the Secretary or a member of the police force may direct a licence holder of a vehicle to produce the vehicle for inspection by any of the following— r. 21 -- 17 of 57 -- Part 3—Vehicles Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 15 (a) the Secretary; (b) a person approved by the Secretary; (c) a member of the police force; (d) a licensed tester. (2) A licence holder must comply with a direction given under sub-regulation (1). Penalty: 15 penalty units. (3) If a person who inspects the vehicle finds that it— (a) is unsafe, unsuitable or unfit for use; or (b) does not comply with the Act or these Regulations or with any condition of the relevant licence— the person must serve a notice on the licence holder requiring the licence holder to fix the matters set out in the notice within a specified time. (4) A notice under sub-regulation (3) must— (a) include sufficient details to identify the vehicle to which it relates; and (b) clearly set out the matters which must be fixed; and (c) state a time and date after which the vehicle must not be operated unless the matter required to be fixed is fixed. (5) If the licence holder of a vehicle subject to a notice given under sub-regulation (3) does not fix the matters set out in the notice within the time specified in the notice, the licence holder must not use, or allow to be used, the vehicle for carrying passengers for hire or reward until the matters set out in the notice have been fixed. Penalty: 20 penalty units. r. 22 -- 18 of 57 -- Part 3—Vehicles Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 16 (6) If inspection of a vehicle is required under sub- regulation (1), the Secretary may require the licence holder of the vehicle to provide to the Secretary the evidence that the holder receives from the person who inspected the vehicle that the vehicle has been inspected and the result of that inspection. (7) The licence holder must provide the evidence of the inspection required under sub-regulation (6) to the Secretary within 7 days after receiving the evidence. Penalty: 5 penalty units. 23. Inspection of vehicles operated by accredited persons (1) The Secretary or a person approved by the Secretary may direct an accredited person to produce for inspection by the Secretary or a licensed tester any public passenger vehicle operated by the accredited person. (2) An accredited person must comply with a direction given under sub-regulation (1). Penalty: 15 penalty units. (3) If a person who inspects the vehicle finds that it does not comply with any condition of accreditation, the person must serve a notice on the accredited person requiring the accredited person to fix the matters set out in the notice within a specified time. (4) A notice under sub-regulation (3) must— (a) include sufficient details to identify the vehicle to which it relates; and (b) clearly set out the matters which must be fixed; and r. 23 -- 19 of 57 -- Part 3—Vehicles Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 17 (c) state a time and date after which the vehicle must not be operated unless the matter required to be fixed is fixed. (5) If the accredited person who operates a vehicle subject to a notice given under sub-regulation (3) does not fix the matters set out in the notice within the time specified in the notice, the accredited person must not use, or allow to be used, the vehicle to carry passengers for hire or reward until the matters set out in the notice have been fixed. Penalty: 20 penalty units. (6) If inspection of a vehicle is required under sub- regulation (1), the Secretary may require the accredited person to provide to the Secretary evidence from the person who inspected the vehicle that the vehicle has been inspected and the result of that inspection. (7) The accredited person must, within 7 days of receiving it, provide the evidence of the inspection required under sub-regulation (6) to the Secretary. Penalty: 5 penalty units. 24. Damaged vehicle not to be used until safe (1) If a vehicle is damaged so as to become unsafe, the licence holder of the vehicle must not use it, or allow it to be used, to carry passengers for hire or reward until the vehicle is repaired and safe and fit for service. Penalty: 20 penalty units. (2) If a public passenger vehicle is damaged so as to become unsafe, the accredited person who operates the vehicle must not use it, or allow it to be used, to carry passengers for hire or reward until the vehicle is repaired and safe and fit for service. Penalty: 20 penalty units. r. 24 -- 20 of 57 -- Part 3—Vehicles Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 18 (3) For the purposes of this regulation, a vehicle is to be taken to be unsafe if it— (a) sustains damage to its steering, suspension or braking systems; or (b) is damaged by fire. 25. Operating doors A person in or on a public commercial passenger vehicle, or a public passenger vehicle operated for the purpose of a regular passenger service, must not without reasonable excuse do any of the following— (a) unlock a lock or open a locked door; (b) lock any unlocked door; (c) while the vehicle is in motion, open or hold open any door that provides access to the outside of the vehicle; (d) prevent or attempt to prevent an automatic door from opening or closing; (e) where the release mechanism of an automatic door is operated by the driver of the vehicle, open or attempt to open the automatic door before the release mechanism is operated by the driver; (f) make use of any door in or on the vehicle in a manner likely to cause damage to the release or closing mechanism connected to the door. Penalty: 10 penalty units. r. 25 -- 21 of 57 -- Part 3—Vehicles Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 19 26. Damage A person must not destroy, damage, deface, mutilate or injure a licence holder's or accredited person's vehicle or any equipment on or in that vehicle. Penalty: 15 penalty units. 27. Fire (1) A person must not— (a) bring any burning substance in or on to a vehicle; or (b) by any act or omission, cause a burning substance to be brought in or on to a vehicle; or (c) throw or drop any burning substance at, on or from any vehicle; or (d) by any act or omission, cause a burning substance to be thrown or dropped at, on or from any vehicle. Penalty: 15 penalty units. (2) In this regulation— "burning substance" includes a cigarette or cigar or any part of a cigarette or cigar. 28. Applying brake or emergency device A person must not, without reasonable excuse, apply any brake or make use of any emergency device fitted to a vehicle. Penalty: 20 penalty units. r. 26 -- 22 of 57 -- Part 3—Vehicles Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 20 29. Operating equipment or vehicle A person must not, without the permission of the driver of the vehicle— (a) move or attempt to move; or (b) interfere or attempt to interfere with; or (c) tamper or attempt to tamper with; or (d) operate or attempt to operate— the vehicle or any equipment on or in the vehicle. Penalty: 20 penalty units. __________________ r. 29 -- 23 of 57 -- Part 4—Plates, Signs and Devices etc. Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 21 PART 4—PLATES, SIGNS AND DEVICES ETC. 30. Number plates, signs, symbols, notices and labels (1) A licence holder of a vehicle must attach to the vehicle any number plates, signs, symbols, notices or labels required by the Roads Corporation or the Secretary— (a) in the manner specified by the Roads Corporation or the Secretary; and (b) of a type or design approved by the Roads Corporation or the Secretary; and (c) in a way that ensures that the number plate, sign, symbol, notice or label is clearly visible at all times. Penalty: 5 penalty units. (2) An accredited person who operates a public passenger vehicle must attach to the vehicle any number plates, signs, symbols, notices or labels required by the Roads Corporation or the Secretary— (a) in the manner specified by the Roads Corporation or the Secretary; and (b) of a type or design approved by the Roads Corporation or the Secretary; and (c) in a way which ensures that the number plate, sign, symbol, notice or label is clearly visible at all times. Penalty: 5 penalty units. r. 30 -- 24 of 57 -- Part 4—Plates, Signs and Devices etc. Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 22 31. Devices and signs for school buses (1) This regulation applies to a person who is— (a) the holder of a licence of an omnibus; (b) the driver of an omnibus; (c) an accredited person operating a vehicle— used to carry school children and teachers and supervisors and no other adult passengers. (2) Sub-regulations (4)(a)(ii), (4)(b) and (5)(b) do not apply to a person if the person is also the registered operator (within the meaning of the Road Safety Act 1986) in relation to that vehicle. (3) If the vehicle is not fitted with alternately flashing warning lights under Division 18 of Schedule 8 to the Road Safety (Vehicles) Regulations 1999, a person must ensure that the vehicle has— (a) a hazard warning device; and (b) signs fitted to the front and rear of the omnibus displaying the words "SCHOOL BUS" in capital letters at least 100 millimetres high. Penalty: 10 penalty units. (4) If the vehicle is fitted with alternately flashing warning lights under Division 18 of Schedule 8 to the Road Safety (Vehicles) Regulations 1999, a person must ensure that the vehicle has— (a) a sign fitted to the front of the vehicle that— (i) displays the words "SCHOOL BUS" in capital letters at least 100 millimetres high; or r. 31 -- 25 of 57 -- Part 4—Plates, Signs and Devices etc. Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 23 (ii) displays an image of two children in accordance with the requirements specified in clauses 117(1)(b) and (3) of Schedule 8 to the Road Safety (Vehicles) Regulations 1999; and (b) a sign fitted to the rear of the vehicle displaying an image of two children in accordance with the requirements specified in clauses 117(2) and (3) of Schedule 8 to the Road Safety (Vehicles) Regulations 1999. Penalty: 10 penalty units. (5) The licence holder, accredited person or driver of a vehicle that is required to have a hazard warning device under sub-regulation (3)(a) or alternating flashing warning lights under sub-regulation (4) must ensure that the device operates— (a) when the vehicle is stationary on a highway for the purpose of picking up or setting down school children; and (b) at all times in accordance with clause 116 of Schedule 8 to the Road Safety (Vehicles) Regulations 1999. Penalty: 10 penalty units. 32. Destination sign and route number to be displayed (1) The owner of a public commercial passenger vehicle must ensure that— (a) a destination sign is displayed on the front of the vehicle when it is operating on any route specified in the licence for the vehicle; and (b) if required by the licence, a route number is displayed on the vehicle. Penalty: 5 penalty units. r. 32 -- 26 of 57 -- Part 4—Plates, Signs and Devices etc. Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 24 (2) This regulation does not apply if the vehicle is being used to carry school children and teachers or supervisors and no other adult passengers. 33. Fire extinguishers (1) A person who holds a licence for an omnibus must take reasonable steps to ensure that the vehicle is not used unless all fire extinguishers required to be fitted to the vehicle are maintained in operating condition. Penalty: 10 penalty units. (2) An accredited person who operates a public passenger vehicle or a private omnibus must take reasonable steps to ensure that the vehicle is not used unless all fire extinguishers required to be fitted to the vehicle are maintained in operating condition. Penalty: 10 penalty units. __________________ r. 33 -- 27 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 25 PART 5—VEHICLE OPERATIONS Division 1—Passenger numbers 34. Maximum number of passengers (1) The driver of a vehicle must not carry in the vehicle any more than the number of passengers, including standing passengers— (a) specified in the licence for that vehicle; or (b) in the case of a public passenger vehicle operated by an accredited person, the number of passengers, including standing passengers, specified by a licensed tester for that type of vehicle. (2) For the purposes of sub-regulation (1)— (a) a child under the age of 5 years who is being held on the lap of a passenger is not to be counted as a passenger; and (b) if 3 or more children 5 years of age or more and under 12 years of age are seated in the vehicle, each third child is not to be counted as a passenger. Division 2—Other driver obligations 35. Driver must not drink alcohol The driver of a vehicle must not drink alcohol from the time he or she starts a work shift until the time he or she finishes a work shift. Penalty: 12 penalty units. r. 34 -- 28 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 26 36. Driver to remain with vehicle If a vehicle is on a highway, the driver of the vehicle must stay with the vehicle at all times unless— (a) the driver is helping passengers to enter or leave the vehicle; or (b) the driver is picking up or delivering goods; or (c) the driver has a reasonable cause not to be with the vehicle. Penalty: 5 penalty units. 37. Picking up and setting down passengers (1) When picking up or setting down passengers, the driver of a vehicle must stop the vehicle as close as practicable to the side of the highway where the picking up or setting down is to take place. Penalty: 10 penalty units. (2) The driver of a vehicle who is at or near a place where there are a large number of vehicles must not, without reasonable excuse— (a) interfere with the orderly taking up or setting down of passengers; or (b) interfere with the orderly distribution and movement of vehicles. Penalty: 10 penalty units. 38. Dress and appearance of drivers While on duty the dress and appearance of a driver of a commercial passenger vehicle must be neat, clean and appropriate to that driver's duties. r. 36 -- 29 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 27 39. Doors of vehicle to be closed when moving The driver of a vehicle must ensure that the doors of the vehicle are closed when the vehicle is moving. Penalty: 10 penalty units. 40. Driver's ticketing obligations (1) A driver of a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service must, unless there is a reasonable excuse, take the following steps when a passenger boards the vehicle— (a) if the passenger does not already hold a ticket, request that the passenger pay the correct fare for the journey the passenger is about to take and when sufficient money is given to the driver, issue the correct ticket to the passenger for the journey; (b) if the passenger relies on an existing ticket which requires machine validation after purchase and which, if validated, would be valid for the journey the passenger is about to take— (i) request that the passenger validate the ticket using the ticket validating machine on the vehicle; (ii) if there is no ticket validating machine on the vehicle or if the machine is not operational, request that the passenger show the ticket to the driver; r. 39 -- 30 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 28 (c) if a passenger pays for a ticket but does not take or accept it, immediately rip the ticket in half, leave it in the tray beside the driver that is used for the exchange of cash, tickets and other items between the driver and passengers until the passenger leaves the vehicle or the journey ends. Penalty: 5 penalty units. (2) Sub-regulations (1)(a) and (1)(b) do not apply if the relevant passenger has already taken the action which is otherwise to be the subject of a request by the driver. 41. Property in vehicle (1) A passenger who finds lost or abandoned property in a vehicle must give the property to the driver of the vehicle. Penalty: 1 penalty unit. (2) The driver of a vehicle must carefully search the vehicle for lost or abandoned property as soon as a journey is over. Penalty: 1 penalty unit. (3) A driver who is given lost or abandoned property under sub-regulation (1) or who finds lost or abandoned property in the vehicle must as soon as practicable give it to the licence holder for the vehicle or the accredited person who operates the vehicle (as the case requires). Penalty: 10 penalty units. (4) If lost or abandoned property is not claimed within 28 days after it is given to the licence holder or accredited person, the licence holder or accredited person must give the property as soon as practicable to a member of the Victoria Police. Penalty: 10 penalty units. r. 41 -- 31 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 29 Division 3—Fares, tickets and timetables 42. Fares and timetables (1) The owner of a public commercial passenger vehicle must ensure that relevant fares are displayed, and that relevant timetables are readily available, in the vehicle in the manner and form required by the Secretary. Penalty: 5 penalty units. (2) An accredited person who operates a public passenger vehicle for the purpose of a regular passenger service must ensure that relevant fares are displayed, and that relevant timetables are readily available, in the vehicle in the manner and form required by the Secretary. Penalty: 5 penalty units. 43. Issue of tickets (1) This regulation applies to— (a) a person who holds the licence for a public commercial passenger vehicle; (b) a person who owns a public commercial passenger vehicle. (2) A person must ensure that a ticket issued to a passenger on a public commercial passenger vehicle licensed or owned by him or her— (a) is clearly numbered and— (i) of a type authorised by the Secretary; or (ii) issued in accordance with any applicable conditions of the licence for the vehicle; and (b) has sufficient information clearly printed on it to enable the validity of the ticket to be determined; and r. 42 -- 32 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 30 (c) has a notice clearly printed on it stating that it must be produced on demand or another fare must be paid and that it is not transferable; and (d) does not have any advertising on it unless the position and form of the advertising has been approved by the Secretary. Penalty: 5 penalty units. 44. Passenger responsibilities regarding fares and tickets A passenger who boards a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service must— (a) request and purchase a ticket that entitles the passenger to take his or her intended journey; or (b) show the driver a pre-paid valid ticket or other authority to take the journey; or (c) if the person is using a ticket that requires machine validation and there is an operational ticket validating machine on the vehicle, validate the ticket at that machine. Penalty: 5 penalty units. 45. Passenger must produce valid ticket A passenger on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service must— (a) possess a valid ticket or other authority to take the journey; and r. 44 -- 33 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 31 (b) on the demand of the licence holder of the vehicle, accredited person who operates the vehicle, owner or driver of the vehicle or person authorised by the Secretary, produce the ticket or authority for inspection to that person. Penalty: 5 penalty units. 46. Passenger must comply with obligations (1) If requested to do so by the driver, a passenger on a public commercial passenger vehicle or on a public passenger vehicle operated for the purpose of a regular passenger service who does any one or more of the following things must pay the appropriate fare— (a) fails to comply with a demand made under regulation 45(b); (b) produces a ticket which is not for the passenger's current journey; (c) produces a ticket which has been issued to another person; (d) produces a ticket, a pre-paid ticket or other authority that is rolled up, defaced, illegible or difficult to read, or unable to be read by a ticket validating machine or has had parts torn or cut from it. Penalty: 5 penalty units. (2) Sub-regulation (1) does not apply if— (a) an infringement notice has been issued for the matter; or (b) an authorised officer within the meaning of section 221AB of the Act has made a report of an alleged ticket offence for the matter on the basis of which an infringement notice could be issued. r. 46 -- 34 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 32 47. Passenger without ticket may be asked to leave (1) The following persons may request a passenger who has not paid a fare in accordance with regulation 44 to leave a vehicle— (a) the driver of a public commercial passenger vehicle; (b) the driver of a public passenger vehicle operated for the purpose of a regular passenger service; (c) a person authorised by the Secretary. (2) A person must comply with a request made under sub-regulation (1). Penalty: 10 penalty units. 48. Fares—children under 4 may travel free A child under 4 years of age in the charge of a passenger on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service may be carried in the vehicle without the passenger paying a fare for the child. 49. Concession fares—children 4 and over and under 15 A child 4 years of age or over and under 15 years of age may pay a fare— (a) on a public commercial passenger vehicle, at the concession rates set out in the conditions of the licence or as approved or specified by the Secretary; (b) on a public passenger vehicle 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 Public Transport Competition Act 1995. r. 47 -- 35 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 33 50. Fares—responsibility of passenger for child under 15 A passenger on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service who— (a) is in charge of a child under 15 years of age; and (b) has not paid a full fare for the child— must ensure that the child does not occupy a seat in the vehicle if another passenger in the vehicle who has paid a full fare cannot get a seat. Penalty: 1 penalty unit. 51. Driver may refuse damaged or defaced tickets A driver of a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service may refuse to accept a pre-paid ticket or other authority to travel if the pre-paid ticket or authority is rolled up, defaced, illegible or difficult to read, unable to be read by a ticket validating machine or has had parts torn or cut from it. Division 4—Passenger behaviour 52. No smoking (1) A person must not smoke tobacco or any other substance while in an omnibus. Penalty: 5 penalty units. (2) The following persons must ensure that a clearly legible "no smoking" sign is displayed in the omnibus in a conspicuous place where it can be easily seen by passengers when they board an omnibus— r. 50 -- 36 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 34 (a) a person who holds a licence for the omnibus; (b) an accredited person who operates the omnibus. Penalty: 5 penalty units. 53. No gambling A person must not gamble in or on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service, unless the vehicle is licensed for gambling. Penalty: 5 penalty units. 54. No musical instruments to be played A person must not play a musical instrument in or on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service unless he or she has permission from the driver of the vehicle. Penalty: 5 penalty units. 55. Restrictions on operation of sound equipment (1) A person must not operate sound equipment in or on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service unless the sound is contained by the use of headphones or is otherwise not able to be heard by other passengers. Penalty: 5 penalty units. r. 53 -- 37 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 35 (2) In this regulation "sound equipment" means a radio, cassette player, compact disc player, television, MP3 player, DVD player and any other device capable of producing sound, but does not include a mobile telephone being used to make or receive telephone calls without the use of a speaker phone. 56. No selling and busking etc. (1) A passenger on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service must not— (a) sell, offer to sell or expose for sale any thing; or (b) hire or offer for hire any thing; or (c) tout or ply for custom, hire or employment— unless that conduct is solicited or unless he or she has written permission from the licence holder for the vehicle or accredited person to operate the vehicle. Penalty: 5 penalty units. (2) A passenger on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service must not— (a) distribute handbills; or (b) solicit money or goods from any person; or (c) busk— unless he or she has written permission from the licence holder for the vehicle or person accredited to operate the vehicle. Penalty: 5 penalty units. r. 56 -- 38 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 36 57. No drinking liquor or possessing open liquor containers (1) A passenger on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service must not— (a) drink from a container that contains, or purports to contain, liquor; or (b) possess an open container that contains, or purports to contain, liquor— without the permission of the licence holder for the vehicle or person accredited to operate the vehicle. Penalty: 5 penalty units. (2) In this regulation— "liquor" has the same meaning as in section 3 of the Liquor Control Reform Act 1998. 58. No littering (1) A person in or on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service must not leave or deposit litter in or on the vehicle except in a container or thing provided for that purpose. Penalty: 5 penalty units. (2) A person in or on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service must not leave or deposit any thing in or on the vehicle that may endanger any person or property except in a container or thing provided for that purpose. Penalty: 10 penalty units. r. 57 -- 39 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 37 (3) In this regulation— "litter" has the same meaning as in section 4 of the Environment Protection Act 1970. 59. No spitting (1) A person must not spit in or on a vehicle. Penalty: 5 penalty units. (2) A person must not spit at or on another person in or on a vehicle. Penalty: 10 penalty units. 60. No graffiti A person must not draw or fix any word, representation, character or poster on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service. Penalty: 10 penalty units. 61. No offensive language or behaviour A person must not use offensive language or behave in an obscene, threatening or disorderly manner in or on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service. Penalty: 10 penalty units. 62. No annoying things to be brought onto vehicle (1) A person must not bring or attempt to bring any thing that is likely to annoy or disturb another person onto a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service. Penalty: 5 penalty units. r. 59 -- 40 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 38 (2) A person must not bring or attempt to bring any thing that is likely to injure or endanger another person or damage property onto a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service. Penalty: 10 penalty units. (3) A person must not take or bring or attempt to take or bring onto a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service anything that an employee of a licence holder or accredited person has told the person is likely to annoy, disturb, injure, or endanger, any person or to damage the vehicle. Penalty: 15 penalty units. Example An example of a thing likely to injure or endanger is an explosive or improperly contained inflammable liquid. 63. No protrusion of body or object from vehicle A person in a vehicle that is in motion must not, without reasonable excuse, protrude a part of his or her body or another person's body or any object from a door, window or hatch of the vehicle. Penalty: 10 penalty units. 64. No dropping or throwing of objects A person must not, without reasonable excuse, throw or drop any thing from or at a vehicle. Penalty: 10 penalty units. r. 63 -- 41 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 39 65. Blocking of doors prohibited A person in or on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service must not, without reasonable excuse, block or cause anything to block a door of the vehicle. Penalty: 10 penalty units. Example An example of blocking a door is to place goods so as to block the door and not moving them when asked. 66. Entering and leaving (1) A person in or on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service must not without reasonable excuse or the permission of the driver of the vehicle— (a) enter or attempt to enter the vehicle where it has only stopped for passengers to leave; or (b) leave or attempt to leave the vehicle where it has only stopped for passengers to enter. Penalty: 10 penalty units. (2) A person in or on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service must not, without reasonable excuse or the permission of the driver of the vehicle, enter or leave or attempt to enter or leave the vehicle— (a) other than through a door designed to operate as an ordinary point of entry or exit from the vehicle; or (b) through an emergency exit when there is no emergency. Penalty: 10 penalty units. r. 65 -- 42 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 40 67. No mounting of places not intended for travel etc. A person must not, without reasonable excuse, mount or attempt to mount a part of a vehicle not intended to accommodate passengers for the purpose of travel. Penalty: 15 penalty units. Example A person must not, without reasonable excuse, mount or attempt to mount the roof of a vehicle. 68. No travelling in places not intended for travel etc. (1) A person must not, without reasonable excuse, travel or attempt to travel on a part of a vehicle not intended for the purpose of travel. Penalty: 20 penalty units. (2) A rider of a bicycle or a person in or on a wheeled recreational device or wheeled toy must not attach or attempt to attach himself or herself or another person or the bicycle, wheeled recreational device or wheeled toy to the exterior of a vehicle for any purpose. Penalty: 20 penalty units. (3) Sub-regulation (2) does not apply to a person who, with the permission of the driver of a vehicle, secures a bicycle to a bike rack or other similar fixture attached to the exterior of the vehicle. (4) In this regulation— "wheeled recreational device" means a wheeled device intended to transport a person that is propelled by human power or gravity, and ordinarily used for recreation or play, and includes rollerblades, roller-skates, a skateboard or similar wheeled device, but does not include a golf buggy, pram, stroller, trolley, bicycle, wheelchair or wheeled toy; r. 67 -- 43 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 41 "wheeled toy" means a child's pedal car, scooter, tricycle or similar toy. 69. No interference with the comfort of others A person in or on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service must not unreasonably interfere with the comfort or convenience of any other person on the vehicle. Penalty: 10 penalty units. 70. No obstruction of driver A person in or on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service must not obstruct the driver of the vehicle in the performance of his or her duties as driver or interfere with the operation of the vehicle. Penalty: 15 penalty units. 71. Driver may refuse to carry certain passengers (1) The driver of a vehicle may request a passenger to leave the vehicle if the driver reasonably believes that the passenger has goods or personal effects that could endanger other passengers or interfere with the safe, normal or proper movement of passengers in the vehicle. (2) The driver of a vehicle or a person authorised by the Secretary may request a person to leave a vehicle if the driver or the person reasonably believes that— (a) the person is behaving in a violent, noisy or offensive manner; or (b) the person is so intoxicated that he or she is likely to behave in an offensive manner. r. 69 -- 44 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 42 (3) A person must comply with a request made under sub-regulation (1) or (2). Penalty: 5 penalty units. Division 5—General 72. Carriage of animals (1) The driver of a vehicle must not bring or allow to be brought into the passenger compartment of a vehicle, other than a public commercial passenger vehicle, a public passenger vehicle operated for the purposes of a regular passenger service or a private omnibus, any animal other than the guide- dog of a sight or hearing impaired person. Penalty: 5 penalty units. (2) A person may carry an animal in or on a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service if— (a) the animal is in a container suitable for the purpose; and (b) no inconvenience is caused to any other passenger; and (c) the person in charge of the animal cleans and removes from the vehicle any matter emanating from the animal or a container in which the animal is being carried. (3) The driver of a public commercial passenger vehicle or a public passenger vehicle operated for the purpose of a regular passenger service may ask a person in charge of an animal being carried in the vehicle to remove it from the vehicle if, in the opinion of the driver, the animal is causing a disturbance or acting in a manner that causes annoyance to any passenger. r. 72 -- 45 of 57 -- Part 5—Vehicle Operations Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 43 (4) A person must remove an animal immediately after being asked to remove it under sub- regulation (3). Penalty: 5 penalty units. 73. Dogs not to occupy seats A person must not allow a dog to occupy a seat on a vehicle or be placed in a way in a vehicle that prevents another person from using the seat. Penalty: 5 penalty units. __________________ r. 73 -- 46 of 57 -- Part 6—General Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 44 PART 6—GENERAL 74. Exemption from licensing requirement The following vehicles are exempt from section 139(1) of the Act— (a) a commercial passenger vehicle that is not a taxi-cab within the meaning of section 86(1) of the Act; (b) a commercial passenger vehicle that is operated by an accredited person to provide services in accordance with the conditions of the person's accreditation. 75. Expiry These Regulations cease to have any force or effect on 1 July 2008. __________________ r. 74 -- 47 of 57 -- Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 45 SCHEDULES SCHEDULE 1 Regulation 8 TEST OF ACUTENESS OF VISION 1. Chart The acuteness of vision of an applicant must be tested by using a printed chart which has on each face 7 horizontal lines of black letters printed on a white background and reducing downwards in the following fractions— Line 1—6/60; Line 2—6/36; Line 3—6/24; Line 4—6/18; Line 5—6/12; Line 6—6/9; Line 7—6/6. 2. Type of chart and position The chart may be either the 3 metre or the 6 metre type and must be placed in an upright position at a distance of 6 metres in the case of a 6 metre chart or 3 metres in the case of a 3 metre chart from the applicant and in a light of not less than 100 watts strength. 3. Taking the test An applicant must be shown one face of the chart and must be required— (a) to cover the left eye with the palm of the hand and read with the right eye as far down the lines of the chart as the applicant is capable; and (b) to cover the right eye with the palm of the hand and read with the left eye as far down the lines of the chart as the applicant is capable. Sch. 1 -- 48 of 57 -- Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 46 4. Required vision standards In order to pass the test for acuteness of vision the applicant must— (a) correctly read line 5 with his or her right eye; and (b) correctly read line 5 with his or her left eye. __________________ Sch. 1 -- 49 of 57 -- Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 47 SCHEDULE 2 Regulation 20 VEHICLE SPECIFICATIONS PART 1—REQUIREMENTS APPLICABLE TO ALL VEHICLES 1. Application This Part applies to all vehicles. 2. Stability A vehicle must be constructed and equipped so as to be stable when carrying the maximum number of passengers allowed at all speeds permitted. 3. No undue noise or vibration A vehicle must be constructed and maintained so that no undue noise or vibration arises during its operation. 4. Seats (1) A vehicle must have seats fitted which have cushions that are suitably padded or contoured and are firmly and securely attached to the vehicle structure. (2) A vehicle must have seats, interior fittings and trimmings which are properly constructed, fixed and finished. 5. Handholds A vehicle must have a suitable number of handholds for the safety and convenience of passengers. 6. Electrical wiring must be safe A vehicle must have all electric wiring properly insulated and protected from damage and located so it is of no danger to passengers. Sch. 2 -- 50 of 57 -- Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 48 PART 2—ADDITIONAL REQUIREMENTS 7. Application This Part applies to vehicles other than motorcycles. 8. Construction and maintenance of vehicle body A vehicle must have a body constructed and maintained so as to provide appropriate protection to passengers under all weather conditions. 9. Seats A vehicle must have seats fitted which have backs constructed so as to provide reasonable support for passengers. 10. Floors A vehicle must have floors of sound construction finished and maintained with a skid-resistant surface and sealed so as to prevent fumes and dust from entering the vehicle. 11. Interior lighting A vehicle must have interior lamps adequate for the reasonable convenience of passengers. 12. Windows A vehicle must have every window sound and properly fitted and each moveable window equipped with a suitable opening device. 13. Notices to be fixed on or in the vehicle A vehicle must have notices on or in the vehicle to the satisfaction of the Secretary which— (a) clearly show in letters at least 25 millimetres high and of proportionate width the maximum number of adult passengers, including any standing passengers, the vehicle is licensed to carry; and (b) are displayed on the outside rear only of vehicles licensed to carry less than 8 passengers, and on the inside and outside rear of any other vehicle. Sch. 2 -- 51 of 57 -- Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 49 14. Engine compartment A vehicle must have an engine compartment— (a) that does not contain flammable sound proofing material or material capable of being impregnated with fuel or lubricant; and (b) that has drainage orifices or that is otherwise designed to prevent the accumulation of fuel or lubricant. 15. Segregation of engine department and other heat sources A vehicle must have its engine compartment and other sources of heat separated from the remainder of the vehicle by heat resisting material. 16. Vehicle fuel filler pipe (1) A vehicle must have a vehicle fuel filler pipe— (a) that is designed so that any overflow or leakage cannot accumulate; and (b) that does not project beyond the overall width of the bodywork; and (c) that is not located in the engine compartment. (2) A vehicle must have its fuel filler pipe opening on an external surface. 17. Fuel tank A vehicle must have its fuel tank, or any part of it— (a) not less than 1⋅2 metres from the front of the vehicle; and (b) not projecting beyond the overall width of the bodywork; and (c) not located in the engine compartment. 18. Fuel system fittings A vehicle must have its fuel system fittings designed so that any leaking fuel flows freely to the ground without contacting the exhaust system or any electrical equipment. 19. No flammable material near exhaust system A vehicle must have no flammable material located within 100 millimetres of the exhaust system unless that material is effectively shielded. Sch. 2 -- 52 of 57 -- Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 50 PART 3—ADDITIONAL REQUIREMENTS FOR OMNIBUSES AND PRIVATE OMNIBUSES 20. Stability A single deck omnibus or private omnibus must be stable when positioned on a flat surface with a 28 degree transverse slope with 65 kg in each seating position. 21. Device to remove windscreen condensation An omnibus or private omnibus manufactured before 1 March 1968 which is not fitted with a device capable of removing condensed moisture from the inside of the windscreen must be fitted with a device or be equipped with an appliance or other means to enable the driver to remove condensation from the windscreen. 22. Exposed bars above or behind seat An omnibus or private omnibus first licensed after 31 October 1980 must not have exposed bars protruding above or behind the seat back other than to provide corner handholds. 23. Equipment or device must enable view of passengers An omnibus which is to be operated in a service on which a conductor will not always be present must have a mirror or mirrors, closed circuit television or other device approved by the Secretary which provides the driver with a view of any passengers in or on the omnibus. 24. Luggage rack must be safe Any luggage rack provided in an omnibus or private omnibus must be constructed so as to minimise the possibility of injury to occupants of the vehicle by any projection or by movement of any luggage during braking or cornering manoeuvres and must for omnibuses only be affixed so that the vertical distance between the rack and the seat surface measured at the centre of the seating position is not less than 950 millimetres. Sch. 2 -- 53 of 57 -- Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 51 PART 4—ADDITIONAL REQUIREMENTS FOR PUBLIC COMMERCIAL PASSENGER VEHICLES 25. Bulkhead behind driver's seat If the Secretary requires a public commercial passenger vehicle to have a bulkhead behind the driver's seat it must extend at least 250 millimetres each side of the centre of the driver's seating position and from at least 305 mm to 1·52 m high and be constructed so as not to obstruct the seated driver's view of the omnibus interior. __________________ Sch. 2 -- 54 of 57 -- Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 52 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 Additional requirements applicable to omnibuses and private omnibuses 58.4 Access/Aisle 58.4.3 does not apply to private omnibus 58.5 Access/doors 58.6 Inside height 58.7 Steps 58.7.2, 58.7.3 and 58.7.4 do not apply to private omnibus 58.8 Driver protection Does not apply to private omnibus 58.12 Emergency exits 58.13 Passenger seats 58.13.3, 58.13.5 and 58.13.9 do not apply to private omnibus 58.14 Driver's seat 58.15 Doors 58.16 Stop signal 58.18 Step light Sch. 3 -- 55 of 57 -- Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 53 ADR Number Short details Exclusions 58.20 Double deckers 58.21 Driver shaft guards 58.22 Additional lamps 58.23 Fuel system 58.24 Fire extinguishers Second fire extinguisher not required 58.26 Seats ahead of driver ═══════════════ Sch. 3 -- 56 of 57 -- Transport (Passenger Vehicles) Regulations 2005 S.R. No. 66/2005 54 ENDNOTES 1 Reg. 4 def. of "licensed tester": S.R. No. 29/1999. —— Table of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 2004 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory Rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 20 Australian Design Rules for Motor Vehicles and Trailers, Third Edition, endorsed by the Australian Transport Advisory Council and published pursuant to section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth. Australian Design Rules numbers 15, 18 (except 18.5.2.1.1 and 18.5.2.2.1), 42.8, 42.10.3, 58.4, 58.5, 58.6, 58.7, 58.8, 58.12, 58.13, 58.14, 58.15, 58.16, 58.18, 58.20, 58.21, 58.22, 58.23, 58.24, 58.26. Endnotes -- 57 of 57 --