Transport (Passenger Vehicles) Regulations 2005FILE/05-66sr021.docx · Web viewOCPC-VIC, Word...

Version No. 021

Transport (Passenger Vehicles) Regulations 2005

S.R. No. 66/2005

Version incorporating amendments as at17 June 2014

TABLE OF PROVISIONSRegulation Page

PART 1—PRELIMINARY 1

1 Objective 12 Authorising provisions 13 Commencement 14 Definitions 25 Application of regulations to employees and police etc. 5

PART 2—DRIVER ACCREDITATION, LICENCES AND RECORD KEEPING REQUIREMENTS 7

Division 1—Driver accreditation 7

6 Prescribed class of person to give medical certificate 77 Test of acuteness of vision 7

Division 2—Licences 7

16 When a licence must be returned 717 Duplicate licence may be issued 8

Division 3—Record keeping 8

18 Records to be kept by a licence holder 8

PART 3—VEHICLES 10

20 Vehicle specifications 1021 Vehicle modifications not permitted without approval 1122 Inspection of vehicles operated by licence holders 1124 Damaged vehicle not to be used until safe 1325 Operating doors 1426 Damage 1527 Fire 1528 Applying brake or emergency device 15

1

29 Operating equipment or vehicle 16

PART 4—PLATES, SIGNS AND DEVICES ETC. 17

30 Number plates, signs, symbols, notices and labels 1732 Destination sign and route number to be displayed 18

PART 5—VEHICLE OPERATIONS 19

Division 1—Passenger numbers 19

34 Maximum number of passengers 19

Division 2—Other driver obligations 19

35 Driver must not drink alcohol 1936 Driver to remain with vehicle 1937 Picking up and setting down passengers 2038 Dress and appearance of drivers 2039 Doors of vehicle to be closed when moving 2040 Driver's ticketing obligations 2041 Property in vehicle 22

Division 3—Fares, tickets and timetables 22

42 Fares and timetables 2243 Issue of tickets 2347 Passenger without ticket may be asked to leave 2448 Fares—children under 4 may travel free 2549 Concession fares—children 4 and over and under 15 2550 Fares—responsibility of passenger for child under 15 25

Division 4—Passenger behaviour 26

52 No smoking 2653 No gambling 2654 No musical instruments to be played 2655 Restrictions on operation of sound equipment 2656 No selling and busking etc. 2757 No drinking liquor or possessing open liquor containers 2858 No littering 2859 No spitting 2960 No graffiti 2961 No offensive language or behaviour 2962 No annoying things to be brought onto vehicle 2963 No protrusion of body or object from vehicle 3064 No dropping or throwing of objects 3065 Blocking of doors prohibited 3066 Entering and leaving 3167 No mounting of places not intended for travel etc. 3268 No travelling in places not intended for travel etc. 32

2

69 No interference with the comfort of others 33

70 No obstruction of driver 3371 Driver may refuse to carry certain passengers 33

Division 5—General 34

72 Carriage of animals 3473 Dogs not to occupy seats 35

PART 6—TRANSITIONAL PROVISIONS—TRANSPORT (COMPLIANCE AND MISCELLANEOUS) (PASSENGER VEHICLES) AMENDMENT REGULATIONS 2011 36

74 Definitions 3675 Regulatory instruments 3876 Notices to be fixed on or in the vehicle 39

PART 7—TRANSITIONAL PROVISIONS—TRANSPORT (PASSENGER VEHICLES) AMENDMENT (TAXI SERVICES REFORMS AND OTHER MATTERS) REGULATIONS 2014 40

77 Definitions 4078 When this Part takes effect 4279 Regulatory instruments 4280 Notices to be fixed on or in the vehicle 42

__________________

SCHEDULES 43

SCHEDULE 1—Test of Acuteness of Vision 43

1 Chart 432 Type of chart and position 433 Taking the test 444 Required vision standards 44

SCHEDULE 2—Vehicle Specifications 45

PART 1—REQUIREMENTS APPLICABLE TO ALL VEHICLES 45

1 Application 452 Stability 453 No undue noise or vibration 454 Seats 455 Handholds 456 Electrical wiring must be safe 45

PART 2—ADDITIONAL REQUIREMENTS 46

7 Application 46

3

8 Construction and maintenance of vehicle body 469 Seats 4610 Floors 4611 Interior lighting 4612 Windows 4613 Notices to be fixed on or in the vehicle 4614 Engine compartment 4715 Segregation of engine department and other heat sources 4716 Vehicle fuel filler pipe 4717 Fuel tank 4818 Fuel system fittings 4819 No flammable material near exhaust system 48

PART 4—ADDITIONAL REQUIREMENTS FOR PUBLIC COMMERCIAL PASSENGER VEHICLES 48

25 Bulkhead behind driver's seat 48

SCHEDULE 3—Application of Third Edition Australian Design Rules (ADR) to Vehicles Manufactured Before 1 July 1988 49

═══════════════

ENDNOTES 50

1. General Information 50

2. Table of Amendments 51

3. Explanatory Details 52

4

Version No. 021


S.R. No. 66/2005

Version incorporating amendments as at17 June 2014

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, 256 and 318 of the Transport (Compliance and Miscellaneous) Act 1983.

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.

1

Reg. 2 amended by S.R. Nos 133/2010 reg. 4, 75/2011 reg. 5.

4 Definitions

In these Regulations—

* * * * *

accredited person means a person who is an accredited bus operator within the meaning of the Bus Safety Act 2009;

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;

* * * * *

2

r. 4

Reg. 4 def. of accreditation amended by S.R. No. 68/2007 reg. 5(a), revoked by S.R. No. 133/2010 reg. 5(e).

Reg. 4 def. of accredited person substituted by S.R. No. 133/2010 reg. 5(b).

Reg. 4 def. of bus inserted by S.R. No. 133/2010 reg. 5(a).

Reg. 4 def. of commercial passenger vehicle revoked by S.R. No. 68/2007 reg. 5(c).

* * * * *

licence means a licence issued under the Act to operate a commercial passenger vehicle (other than a taxi-cab);

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 licensing authority;

Note

The licensing authority is defined in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 to mean the Taxi Services Commission.

* * * * *

* * * * *

3

Reg. 4 def. of driver's certificate revoked by S.R. No. 68/2007 reg. 5(c).

Reg. 4 def. of licence amended by S.R. No. 68/2007 reg. 5(d).

Reg. 4 def. of licensed tester amended by S.R. Nos 75/2011 reg. 6, 64/2014 reg. 5(a).

r. 4

Reg. 4 def. of omnibus substituted by S.R. No. 75/2008 reg. 4, revoked by S.R. No. 133/2010 reg. 5(e).

Reg. 4 def. of private omnibus substituted as private bus by S.R. No. 68/2007 reg. 5(b), revoked by S.R. No. 133/2010 reg. 5(e).

* * * * *

* * * * *

registered person means a person who is a registered bus operator within the meaning of the Bus Safety Act 2009;

regular passenger service has the same meaning as in the Bus Services Act 1995;

the Act means the Transport (Compliance and Miscellaneous) Act 1983;

ticket validating machine means a machine which is designed and intended to be used to

4

Reg. 4 def. of public commercial passenger vehicle revoked by S.R. No. 68/2007 reg. 5(c).

r. 4

Reg. 4 def. of public passenger vehicle revoked by S.R. No. 133/2010 reg. 5(e).

Reg. 4 def. of registered person inserted by S.R. No. 133/2010 reg. 5(a).

Reg. 4 def. of regular passenger service substituted by S.R. No. 133/2010 reg. 5(c).

Reg. 4 def. of the Act amended by S.R. No. 64/2014 reg. 5(b).

Reg. 4 def. of ticket validating machine substituted by S.R. No. 86/2006 reg. 4(Sch. item 2.2).

electronically record information about a ticket when the ticket is inserted into the machine, or presented to the machine for scanning, regardless of whether or not at any particular time the machine is in working order;

vehicle means a commercial passenger vehicle other than a taxi-cab or a bus.

5 Application of regulations to employees and police etc.

The offences in these Regulations (except the offences in Division 2 of Part 5) do not 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;

(c) any person appointed in writing by a bus company or the licensing authority for the purposes of these Regulations;

(d) an employee, contractor or agent of a bus company.

__________________

5

Reg. 4 def. of vehicle amended by S.R. No. 68/2007 reg. 5(e), substituted by S.R. No. 133/2010 reg. 5(d).

Reg. 5 amended by S.R. No. 86/2006 reg. 4(Sch. item 2.1).

r. 5

Reg. 5(c) amended by S.R. Nos 68/2007 reg. 9(2), 75/2011 reg. 7.

r. 5

PART 2—DRIVER ACCREDITATION, LICENCES AND RECORD KEEPING REQUIREMENTS

Division 1—Driver accreditation

6 Prescribed class of person to give medical certificate

For the purposes of section 167(2)(a) of the Act, a prescribed class of person is a registered medical practitioner within the meaning of the Health Professions Registration Act 2005.

7 Test of acuteness of vision

For the purposes of section 167(2)(b) of the Act, the prescribed vision acuteness test is the test set out in Schedule 1.

* * * * *

Division 2—Licences

16 When a licence must be returned

A licence holder must return the licence to the licensing authority within 7 days after any of the following matters occur—

(a) the licence becomes illegible, altered or defaced;

Pt 2 (Heading) substituted by S.R. No. 68/2007 reg. 6.

Pt 2 Div. 1 (Heading and regs 6–15) substituted as Pt 2 Div. 1 (Heading and regs 6, 7) by S.R. No. 68/2007 reg. 7.Reg. 6 substituted by S.R. No. 68/2007 reg. 7.

Reg. 7 substituted by S.R. No. 68/2007 reg. 7.

Regs 8–15 revoked by S.R. No. 68/2007 reg. 7.

Reg. 16 amended by S.R. Nos 68/2007 reg. 9(1), 75/2011 reg. 8.

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(b) the licensing authority 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;

(e) when a person becomes an accredited person or a registered person in respect of the vehicle to which the licence relates.

Penalty:10 penalty units.

17 Duplicate licence may be issued

The licensing authority 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

(b) any other records that the licence holder is required to keep as a condition of the licence.


(2) A licence holder must keep the records referred to in subregulation (1)—

Reg. 16(b) amended by S.R. Nos 68/2007 reg. 9(1), 75/2011 reg. 8.

Reg. 16(d) substituted by S.R. No. 133/2010 reg. 6.

Reg. 16(e) inserted by S.R. No. 133/2010 reg. 6.

Reg. 17 amended by S.R. Nos 68/2007 reg. 9(1), 75/2011 reg. 9.

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(a) at an address approved by the licensing authority; and

(b) for a period of at least 3 years from the date the last entries in the records were made.


(3) A licence holder must keep the records referred to in subregulation (1) in the English language.

Penalty: 5 penalty units.

(4) A licence holder must make the records referred to in subregulation (1) available for inspection on demand to a member of the police force, the licensing authority or a person approved by the licensing authority.

Penalty:10 penalty units.Reg. 18(5) amended by S.R. Nos 68/2007 reg. 9(1), 75/2011 reg. 10(2).r. 18

(5) If asked by a member of the police force, the licensing authority or a person approved by the licensing authority, a licence holder must give the member or person an accurate copy of any part or all of the records within a reasonable time.


* * * * *

__________________

Reg. 18(2)(a) amended by S.R. Nos 68/2007 reg. 9(1), 75/2011 reg. 10(1).

Reg. 18(4) amended by S.R. Nos 68/2007 reg. 9(1), 75/2011 reg. 10(2).

Reg. 19 amended by S.R. Nos 68/2007 reg. 9(1), 40/2008 reg. 4(1), revoked by S.R. No. 133/2010 reg. 7.

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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).


* * * * *

(3) An officer of the Roads Corporation appointed for the purpose or a person approved by the licensing authority 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

(c) the kind of service the vehicle is used by an accredited person to provide.

r. 20

Reg. 20(2) revoked by S.R. No. 133/2010 reg. 8.

Reg. 20(3) amended by S.R. Nos 68/2007 reg. 9(1), 75/2011 reg. 11.

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21 Vehicle modifications not permitted without approval

Reg. 21(1) amended by S.R. Nos 68/2007 reg. 9(1), 75/2011 reg. 12(1).r. 21

(1) A licence holder of a vehicle must not, without the prior written approval of the licensing authority—

(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.


* * * * *

(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 licensing authority, or a person approved by the licensing authority, has inspected the vehicle and found it to be fit for service.


22 Inspection of vehicles operated by licence holders

(1) The licensing authority, a person approved by the licensing authority 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—

Reg. 21(2) amended by S.R. No. 68/2007 reg. 9(1), revoked by S.R. No. 133/2010 reg. 8.



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(a) the licensing authority;

(b) a person approved by the licensing authority;

(c) a member of the police force;

(d) a licensed tester.

(2) A licence holder must comply with a direction given under subregulation (1).


(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 subregulation (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

Reg. 22(1)(a) amended by S.R. Nos 68/2007 reg. 9(1), 75/2011 reg. 13(1).

Reg. 22(1)(b) amended by S.R. Nos 68/2007 reg. 9(1), 75/2011 reg. 13(1).

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(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 subregulation (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.


(6) If inspection of a vehicle is required under subregulation (1), the licensing authority may require the licence holder of the vehicle to provide to the licensing authority 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 subregulation (6) to the licensing authority within 7 days after receiving the evidence.


* * * * *

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



Reg. 23 amended by S.R. Nos 68/2007 reg. 9(1), 40/2008 reg. 4(1), revoked by S.R. No. 133/2010 reg. 8.

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reward until the vehicle is repaired and safe and fit for service.


* * * * *

(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 bus or vehicle 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.


Reg. 24(2) revoked by S.R. No. 133/2010 reg. 8.

Reg. 25 amended by S.R. No. 133/2010 reg. 9.

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26 Damage

A person must not destroy, damage, deface, mutilate or injure a licence holder's vehicle or accredited person's bus or any equipment on or in that vehicle.


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.


(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.



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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.__________________

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PART 4—PLATES, SIGNS AND DEVICES ETC.

30 Number plates, signs, symbols, notices and labelsReg. 30(1) amended by S.R. Nos 68/2007 reg. 9(3), 75/2011 reg. 14.r. 30

(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 licensing authority—

(a) in the manner specified by the Roads Corporation or the licensing authority; and

(b) of a type or design approved by the Roads Corporation or the licensing authority; and

(c) in a way that ensures that the number plate, sign, symbol, notice or label is clearly visible at all times.


* * * * *

* * * * *

Reg. 30(1)(a) amended by S.R. Nos 68/2007 reg. 9(3), 75/2011 reg. 14.

Reg. 30(1)(b) amended by S.R. Nos 68/2007 reg. 9(3), 75/2011 reg. 14.

Reg. 30(2) amended by S.R. Nos 68/2007 reg. 9(3), 40/2008 reg. 4(2), revoked by S.R. No. 133/2010 reg. 11.

Reg. 31 revoked by S.R. No. 133/2010 reg. 11.

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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.


(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.

* * * * *

__________________

r. 32

Reg. 33 amended by S.R. No. 68/2007 reg. 8(1), revoked by S.R. No. 133/2010 reg. 11.

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PART 5—VEHICLE OPERATIONS

Division 1—Passenger numbers

34 Maximum number of passengersr. 34

Reg. 34(1) substituted by S.R. No. 133/2010 reg. 12.

(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.

(2) For the purposes of subregulation (1)(b)—

(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.


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

Reg. 34(2) amended by S.R. No. 90/2010 reg. 3.

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(c) the driver has a reasonable cause not to be with the vehicle.


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.


(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.


38 Dress and appearance of drivers

While on duty the dress and appearance of a driver of a vehicle must be neat, clean and appropriate to that driver's duties.

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.


40 Driver's ticketing obligations

(1) A driver of a public commercial passenger vehicle or a bus operated for the purpose of a regular passenger service must, unless there is a

r. 37



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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 whole of the travel the passenger is about to undertake in that vehicle and when sufficient money is given to the driver, issue the correct ticket to the passenger for that travel;

(b) if the passenger relies on an existing ticket which, in order to be made valid for the whole of the travel the passenger is about to undertake in that vehicle, must be inserted into a ticket validating machine—

(i) request that the passenger insert the ticket into the ticket validating machine on the vehicle so as to make the ticket valid; or

(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;

(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's travel in that vehicle ends.


(2) Subregulations (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.

Reg. 40(1)(a) amended by S.R. No. 86/2006 reg. 4(Sch. item 2.3).

Reg. 40(1)(b) substituted by S.R. No. 86/2006 reg. 4(Sch. item 2.4).

r. 40

Reg. 40(1)(c) amended by S.R. No. 86/2006 reg. 4(Sch. item 2.5).

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(3) For the purposes of subregulation (1)(b), a ticket is valid for the whole of a passenger's travel if the ticket authorises the whole of that travel.

41 Property in vehicler. 41

Reg. 41(1) amended by S.R. No. 133/2010 reg. 15(1).

(1) A passenger who finds lost or abandoned property in a bus or vehicle must give the property to the driver of the bus or vehicle.

Penalty: 1 penalty unit.

(2) The driver of a bus or vehicle must carefully search the bus or vehicle for lost or abandoned property as soon as a journey is over.


(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).


(4) If lost or abandoned property is not claimed within 28 days after it is given to the licence holder, accredited person or registered person, the licence holder, accredited person or registered person must give the property as soon as practicable to a member of the Victoria Police.


Division 3—Fares, tickets and timetables

42 Fares and timetables

Reg. 40(3) inserted by S.R. No. 86/2006 reg. 4(Sch. item 2.6).


Reg. 41(3) substituted by S.R. No. 133/2010 reg. 15(2).


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(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 licensing authority.


* * * * *

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 licensing authority; 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


Reg. 42(2) amended by S.R. No. 68/2007 reg. 9(1), revoked by S.R. No. 133/2010 reg. 16.

r. 43

Reg. 43(2)(a)(i) amended by S.R. Nos 68/2007 reg. 9(1), 75/2011 reg. 16.

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(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 licensing authority.


* * * * *

47 Passenger without ticket may be asked to leaver. 47

Reg. 47(1) amended by S.R. No. 86/2006 reg. 4(Sch. item 2.8).

(1) The following persons may request a passenger who has failed to comply with regulation 6(1), 7(2), 9(3), 20(1) or 20(2) of the Transport (Ticketing) Regulations 2006 to leave a vehicle—

(a) the driver of a public commercial passenger vehicle;

* * * * *

(c) a person authorised by the licensing authority.

Reg. 43(2)(d) amended by S.R. Nos 68/2007 reg. 9(1), 75/2011 reg. 16.

Regs 44–46 revoked by S.R. No. 86/2006 reg. 4(Sch. item 2.7).

Reg. 47(1)(b) revoked by S.R. No. 133/2010 reg. 17.

Reg. 47(1)(c) amended by S.R. Nos 68/2007 reg. 9(1), 75/2011 reg. 17.

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(2) A person must comply with a request made under subregulation (1).


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 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 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.

50 Fares—responsibility of passenger for child under 15

A passenger on a public commercial passenger vehicle or a bus who—

(a) is in charge of a child under 15 years of age; and

(b) has not paid a full fare for the child—


r. 48

Reg. 49(a) amended by S.R. Nos 68/2007 reg. 9(1), 75/2011 reg. 18.

Reg. 49(b) substituted by S.R. No. 133/2010 reg. 19.


S.R. No. 66/2005


24

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.


* * * * *

Division 4—Passenger behaviour

52 No smoking

(1) A person must not smoke tobacco or any other substance while in a bus or vehicle.


(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.


53 No gambling

A person must not gamble in or on a public commercial passenger vehicle or a bus operated for the purpose of a regular passenger service, unless the vehicle is licensed for gambling.


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 bus operated for the purpose of a regular passenger service unless he or she has permission from the driver of the vehicle or bus.


Reg. 51 revoked by S.R. No. 86/2006 reg. 4(Sch. item 2.7).


Reg. 52(2) substituted by S.R. No. 133/2010 reg. 21(2).


r. 52


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25

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 bus 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.


(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.r. 56


(1) A passenger on a public commercial passenger vehicle or a bus 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 for the bus.



(a) distribute handbills; or



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26

(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 accredited person for the bus.


57 No drinking liquor or possessing open liquor containers

Reg. 57(1) amended by S.R. No. 133/2010 reg. 26.r. 57


(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 accredited person for the bus.



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 bus must not leave or deposit litter in or on the vehicle except in a container or thing provided for that purpose.



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(2) A person in or on a public commercial passenger vehicle or a bus 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.



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.


(2) A person must not spit at or on another person in or on a vehicle.


60 No graffiti

A person must not draw or fix any word, representation, character or poster on a public commercial passenger vehicle or a bus operated for the purpose of a regular passenger service.


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 bus.


62 No annoying things to be brought onto vehicle




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(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 bus.


(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 bus.


(3) A person must not take or bring or attempt to take or bring onto a public commercial passenger vehicle or a bus 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.


64 No dropping or throwing of objects

A person must not, without reasonable excuse, throw or drop any thing from or at a vehicle.


65 Blocking of doors prohibited




r. 63


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A person in or on a public commercial passenger vehicle or a bus must not, without reasonable excuse, block or cause anything to block a door of the vehicle.


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 leavingReg. 66(1) amended by S.R. No. 133/2010 reg. 32.r. 66

(1) A person in or on a public commercial passenger vehicle or a bus must not without reasonable excuse or the permission of the driver of the vehicle or bus—

(a) enter or attempt to enter the vehicle or bus where it has only stopped for passengers to leave; or

(b) leave or attempt to leave the vehicle or bus where it has only stopped for passengers to enter.


(2) A person in or on a public commercial passenger vehicle or a bus must not, without reasonable excuse or the permission of the driver of the vehicle or bus, enter or leave or attempt to enter or leave the vehicle or bus—

Reg. 66(1)(a) amended by S.R. No. 133/2010 reg. 32(b).

Reg. 66(1)(b) amended by S.R. No. 133/2010 reg. 32(b).


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(a) other than through a door designed to operate as an ordinary point of entry or exit from the vehicle or bus; or

(b) through an emergency exit when there is no emergency.


(3) A person in or on a public commercial passenger vehicle or a bus must not, without reasonable excuse, enter or leave or attempt to enter or leave the vehicle or bus while the vehicle or bus is in motion.


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.


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.


(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

Reg. 66(2)(a) amended by S.R. No. 133/2010 reg. 32(b).

Reg. 66(3) inserted by S.R. No. 75/2008 reg. 5, amended by S.R. No. 133/2010 reg. 32.

r. 67 S.R. No. 66/2005


31

or wheeled toy to the exterior of a vehicle for any purpose.


(3) Subregulation (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.


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;

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 bus must not unreasonably interfere with the comfort or convenience of any other person on the vehicle or bus.


70 No obstruction of driver

A person in or on a public commercial passenger vehicle or a bus must not obstruct the driver of the vehicle or bus in the performance of his or her duties as driver or interfere with the operation of the vehicle or bus.


71 Driver may refuse to carry certain passengers


r. 69


S.R. No. 66/2005


32

(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.

(3) A person must comply with a request made under subregulation (1) or (2).


Division 5—General

72 Carriage of animals

(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 under section 220D(1) of the Act; or

(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


Reg. 72(1) amended by S.R. No. 68/2007 reg. 8(1), substituted by S.R. No. 133/2010 reg. 34(1).

Reg. 72(1)(a) amended by S.R. No. 22/2012 reg. 6(1).

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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 under section 220D(1) of the Act are published in the Government Gazette.

* * * * *

(3) The driver of a public commercial passenger vehicle or a bus operated for the purpose of a regular passenger service may ask a person in charge of an animal being carried in the vehicle or bus to remove it from the vehicle or bus if, in the opinion of the driver, the animal is causing a disturbance or acting in a manner that causes annoyance to any passenger.

(4) A person must remove an animal immediately after being asked to remove it under subregulation (3).


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.


__________________

Note to reg. 72(1) amended by S.R. No. 22/2012 reg. 6(2).

Reg. 72(2) revoked by S.R. No. 133/2010 reg. 34(1).

r. 72


r. 73 S.R. No. 66/2005


34

PART 6—TRANSITIONAL PROVISIONS—TRANSPORT (COMPLIANCE AND MISCELLANEOUS) (PASSENGER

VEHICLES) AMENDMENT REGULATIONS 2011

New reg. 74 inserted by No. 75/2011 reg. 22.r. 74

74 Definitions

In this Part—

commencement day means 1 August 2011.

regulatory instrument means—

(a) an appointment made by the Director under regulation 5;

(b) a notification of licence suspension or revocation given by the Director under regulation 16;

(c) an approval of an address given under regulation 18(2);

(d) an approval, given under regulation 18(4), empowering a person to demand that certain records be made available for inspection;

(e) an approval, given under regulation 18(5), empowering a person to require the giving of certain records;

(f) an approval, given under regulation 20(3), empowering a person to exempt a vehicle from certain requirements;

(g) an approval, given under regulation 21(3), empowering a person to inspect a vehicle and make a finding of fitness for service;

New Pt 6 (Heading and regs 74–76) inserted by No. 75/2011 reg. 22.

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35

(h) an approval, given under regulation 22(1), empowering a person to direct that a vehicle be produced for inspection;

(i) an approval, given under regulation 22(1), empowering a person to inspect a vehicle;

(j) a requirement to produce evidence under regulation 22(6);

(k) a requirement, made by the Director under regulation 30(1), that number plates, signs, symbols, notices or labels be attached to a vehicle;

(l) a specification, made by the Director under regulation 30(1), as to the manner in which number plates, signs, symbols, notices or labels must be attached to a vehicle;

(m) an approval, given by the Director under regulation 30(1), as to the type or design of number plates, signs, symbols, notices or labels that must be attached to a vehicle;

(n) a requirement, made by the Director under regulation 42(1), as to the manner and form of the display of certain fares;

(o) an authorisation, given by the Director under regulation 43(2), of a type of ticket;

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36

(p) an approval, given by the Director under regulation 43(2)(d), of the position and form of advertising on a ticket;

(q) an authorisation, given by the Director under regulation 47(1), empowering a person to require that another person leave a vehicle;

(r) an approval, given by the Director under regulation 49, of concession rates under regulation 49;

(s) a specification, made by the Director under regulation 49, of concession rates under regulation 49;

(t) an authorisation, given by the Director under regulation 71(2), empowering a person to require that another person leave a vehicle;

(u) a requirement, made by the Director under clause 25 of Schedule 2, that a public commercial passenger vehicle have a bulkhead behind the driver's seat.

75 Regulatory instruments

(1) On the commencement day, every regulatory instrument in force immediately before that day is taken to be a regulatory instrument made, given or issued by the Secretary.

(2) On and after the commencement day, every reference to the Director in a regulatory instrument must be construed as a reference to the Secretary, unless the context otherwise requires.

76 Notices to be fixed on or in the vehicle

New reg. 75 inserted by No. 75/2011 reg. 22.

r. 75

Reg. 76 inserted by No. 75/2011 reg. 22.

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37

A notice that is fixed on or in a vehicle to the satisfaction of the Director in accordance with clause 13 of Schedule 2 immediately before the commencement day is taken on that day to be fixed on or in the vehicle to the satisfaction of the Secretary in accordance with that clause.

__________________

* * * * *

r. 76

Pt 6 (Heading and regs 74, 75) amended by S.R. Nos 9/2006 reg. 3, 75/2008 reg. 6, revoked by S.R. No. 133/2010 reg. 35.

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PART 7—TRANSITIONAL PROVISIONS—TRANSPORT (PASSENGER VEHICLES) AMENDMENT (TAXI SERVICES REFORMS AND OTHER MATTERS) REGULATIONS 2014

77 Definitions

In this Part—

applicable day means the day on which this Part is taken to have effect under regulation 78.

regulatory instrument means—

(a) an appointment made by the Secretary under regulation 5(c);

(b) a notification of licence suspension or revocation given under regulation 16(b);

(c) an approval of an address given under regulation 18(2)(a);

(d) an approval, given under regulation 18(4), empowering a person to demand that certain records be made available for inspection;

(e) an approval, given under regulation 18(5), empowering a person to require the giving of certain records;

(f) an approval, given under regulation 20(3), empowering a person to exempt a vehicle from certain requirements;

(g) an approval, given under regulation 21(3), empowering a person to inspect a vehicle and make a finding of fitness for service;

Pt 7 (Heading and regs 77–80) inserted by S.R. No. 64/2014 reg. 6.

Reg. 77 inserted by S.R. No. 64/2014 reg. 6.

r. 77 S.R. No. 66/2005


39

(h) an approval, given under regulation 22(1), empowering a person to direct that a vehicle be produced for inspection;

(i) an approval, given under regulation 22(1), empowering a person to inspect a vehicle;

(j) a requirement, made under regulation 22(6), to produce evidence of an inspection;

(k) a requirement, made by the Secretary under regulation 30(1), that number plates, signs, symbols, notices or labels be attached to a vehicle;

(l) a specification, made by the Secretary under regulation 30(1)(a), as to the manner in which number plates, signs, symbols, notices or labels must be attached to a vehicle;

(m) an approval, given by the Secretary under regulation 30(1)(b), as to the type or design of number plates, signs, symbols, notices or labels that must be attached to a vehicle;

(n) a requirement, made under regulation 42(1), as to the manner and form of the display of certain fares and timetables;

(o) an authorisation, given under regulation 43(2)(a)(i), of a type of ticket;

(p) an approval, given under regulation 43(2)(d), of the position and form of advertising on a ticket;

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(q) an authorisation, given under regulation 47(1)(c), empowering a person to require that another person leave a vehicle.

78 When this Part takes effect

This Part is taken to have effect on 1 July 2013.

79 Regulatory instruments

(1) On the applicable day, every regulatory instrument in force immediately before that day is taken to be a regulatory instrument made, given or issued by the Taxi Services Commission.

(2) On and after the applicable day, every reference to the Secretary in a regulatory instrument must be construed as a reference to the licensing authority, unless the context otherwise requires.


A notice that is fixed on or in a vehicle to the satisfaction of the Secretary in accordance with clause 13 of Schedule 2 immediately before the applicable day is taken on that day to be fixed on or in the vehicle to the satisfaction of the Taxi Services Commission in accordance with that clause.

__________________


r. 78



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SCHEDULES

SCHEDULE 1

Regulation 7

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.

Sch. 1 amended by S.R. No. 68/2007 reg. 10.

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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.

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.

5 The test for acuteness of vision may be conducted by—

(a) a person who is registered as an optometrist under the Health Professions Registration Act 2005; or

(b) a registered medical practitioner within the meaning of the Health Professions Registration Act 2005.

6 The person who conducts the test may issue a certificate to the applicant which—

(a) contains the results of the test; and

(b) states whether or not the applicant has passed the test.

__________________

Sch. 1 S.R. No. 66/2005


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SCHEDULE 2Regulation 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

Sch. 2 amended by S.R. Nos 68/2007 regs 8, 9(1), 133/2010 reg. 36, 75/2011 regs 20, 21, 64/2014 reg. 7.

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A vehicle must have all electric wiring properly insulated and protected from damage and located so it is of no danger to passengers.

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.


(1) A vehicle must have notices on or in the vehicle to the satisfaction of the licensing authority which—

(a) clearly show in letters at least 25 millimetres high and of proportionate width the

Sch. 2 S.R. No. 66/2005


45

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.

(2) The amendment made to subclause (1) by regulation 7(1) of the Transport (Passenger Vehicles) Amendment (Taxi Services Reforms and Other Matters) Regulations 2014 is taken to have effect on 1 July 2013.

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.

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(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 12 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.

* * * * *

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 S.R. No. 66/2005


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SCHEDULE 3Regulation 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 18.5.2.2.1do not apply

42.8 Exhaust outlet

42.10.3 Driver's seat

═══════════════

Sch. 3 amended by S.R. No. 68/2007 reg. 8, substituted by S.R. No. 133/2010 reg. 37.

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ENDNOTES

1. General InformationThe Transport (Passenger Vehicles) Regulations 2005, S.R. No. 66/2005 were made on 28 June 2005 by the Governor in Council under sections 162 and 256 of the Transport Act 1983, No. 9921/1983 and came into operation as follows:

Regulations 1–39, 41–75, Schedules 1–3 on 28 June 2005: regulation 3(1); regulation 40 on 1 January 2006: regulation 3(2).

The Transport (Passenger Vehicles) Regulations 2005 will sunset 10 years after the day of making on 28 June 2015 (see section 5 of the Subordinate Legislation Act 1994).

Endnotes S.R. No. 66/2005


50

2. Table of AmendmentsThis Version incorporates amendments made to the Transport (Passenger Vehicles) Regulations 2005 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Transport (Passenger Vehicles) (Amendment) Regulations 2006, S.R. No. 9/2006Date of Making: 7.2.06Date of Commencement: 7.2.06

Transport (Ticketing) Regulations 2006, S.R. No. 86/2006Date of Making: 4.7.06Date of Commencement: 31.7.06: reg. 3

Transport (Passenger Vehicles) (Amendment) Regulations 2007, S.R. No. 68/2007Date of Making: 26.6.07Date of Commencement: 1.7.07: reg. 3

Transport (Passenger Vehicles) (Amendment) Regulations 2008, S.R. No. 40/2008Date of Making: 21.5.08Date of Commencement: 21.5.08: reg. 3

Transport (Passenger Vehicles) (Miscellaneous Amendment) Regulations 2008, S.R. No. 75/2008

Date of Making: 24.6.08Date of Commencement: 29.6.08: reg. 3

Transport (Passenger Vehicles) and Transport (Taxi-Cabs) Amendment (Passenger Numbers) Regulations 2010, S.R. No. 90/2010

Date of Making: 7.9.10Date of Commencement: 7.9.10

Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010, S.R. No. 133/2010

Date of Making: 26.10.10Date of Commencement: Regs 4–37 on 31.12.10: reg. 3(2)

Transport (Compliance and Miscellaneous) (Passenger Vehicles) Amendment Regulations 2011, S.R. No. 75/2011


Transport (Conduct), (Passenger Vehicles) and (Ticketing) Amendment (Public Transport Development Authority) Regulations 2012, S.R. No. 22/2012


Transport (Passenger Vehicles) Amendment (Taxi Services Reforms and Other Matters) Regulations 2014, S.R. No. 64/2014

Date of Making: 17.6.14Date of Commencement: 17.6.14

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



51

3. Explanatory Details



52

1 Reg. 4 def. of licensed tester: S.R. No. 29/1999.

——Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 66/2005 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.

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