Version No. 002
Transport (Passenger Vehicles) Regulations 2005
S.R. No. 66/2005
Version as at 1 January 2006
table of provisions
RegulationPage
1
RegulationPage
Part 1—Preliminary
1.Objective
2.Authorising provisions
3.Commencement
4.Definitions
5.Application of regulations to employees and police etc.
Part 2—Certificates, Licences and Record Keeping Requirements
Division 1—Driver's Certificates
6.Driver must hold a driver's certificate
7.Full driver licence to be held at all times
8.Tests, qualifications and other requirements
9.Duration of certificate
10.Certificate to be signed by holder
11.Requirements when name and address change
12.When certificate must be returned
13.Duplicate certificate may be issued
14.Driver to notify licence holder or accredited person of failure
to hold certificate
15.Licence holder not to allow uncertificated driving
Division 2—Licences
16.When a licence must be returned
17.Duplicate licence may be issued
Division 3—Record keeping
18.Records to be kept by a licence holder
19.Records to be kept by an accredited person
Part 3—Vehicles
20.Vehicle specifications
21.Vehicle modifications not permitted without approval
22.Inspection of vehicles operated by licence holders
23.Inspection of vehicles operated by accredited persons
24.Damaged vehicle not to be used until safe
25.Operating doors
26.Damage
27.Fire
28.Applying brake or emergency device
29.Operating equipment or vehicle
Part 4—Plates, Signs and Devices etc.
30.Number plates, signs, symbols, notices and labels
31.Devices and signs for school buses
32.Destination sign and route number to be displayed
33.Fire extinguishers
Part 5—Vehicle Operations
Division 1—Passenger numbers
34.Maximum number of passengers
Division 2—Other driver obligations
35.Driver must not drink alcohol
36.Driver to remain with vehicle
37.Picking up and setting down passengers
38.Dress and appearance of drivers
39.Doors of vehicle to be closed when moving
40.Driver's ticketing obligations
41.Property in vehicle
Division 3—Fares, tickets and timetables
42.Fares and timetables
43.Issue of tickets
44.Passenger responsibilities regarding fares and tickets
45.Passenger must produce valid ticket
46.Passenger must comply with obligations
47.Passenger without ticket may be asked to leave
48.Fares—children under 4 may travel free
49.Concession fares—children 4 and over and under 15
50.Fares—responsibility of passenger for child under15
51.Driver may refuse damaged or defaced tickets
Division 4—Passenger behaviour
52.No smoking
53.No gambling
54.No musical instruments to be played
55.Restrictions on operation of sound equipment
56.No selling and busking etc.
57.No drinking liquor or possessing open liquor containers
58.No littering
59.No spitting
60.No graffiti
61.No offensive language or behaviour
62.No annoying things to be brought onto vehicle
63.No protrusion of body or object from vehicle
64.No dropping or throwing of objects
65.Blocking of doors prohibited
66.Entering and leaving
67.No mounting of places not intended for travel etc.
68.No travelling in places not intended for travel etc.
69.No interference with the comfort of others
70.No obstruction of driver
71.Driver may refuse to carry certain passengers
Division 5—General
72.Carriage of animals
73.Dogs not to occupy seats
Part 6—General
74.Exemption from licensing requirement
75.Expiry
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SCHEDULES
SCHEDULE 1—Test of Acuteness of Vision
SCHEDULE 2—Vehicle Specifications
SCHEDULE 3—Application of Third Edition Australian DesignRules (ADR) to Vehicles Manufactured Before 1July 1988
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 002
Transport (Passenger Vehicles) Regulations 2005
S.R. No. 66/2005
Version as at 1 January 2006
1
Transport (Passenger Vehicles) Regulations 2005
S.R. No. 66/2005
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.
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 1999[1] authorising the person to examine and test buses; or
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(b)a person approved as a licensed tester by the Secretary;
"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.
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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;
(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.
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Part 2—Certificates, Licences and Record Keeping Requirements
Division 1—Driver's Certificates
6.Driver must hold a driver's certificate
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(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.
(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
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(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.
(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
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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.
11.Requirements when name and address change
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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.
14.Driver to notify licence holder or accredited person of failure to hold certificate
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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.
Division 2—Licences
16.When a licence must be returned
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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
(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
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(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.
(2)An accredited person must keep the records referred to in sub-regulation (1)—
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(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.
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Part 3—Vehicles
20.Vehicle specifications
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(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 1July 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 1July 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
(c)the kind of service the vehicle is used by an accredited person to provide.
21.Vehicle modifications not permitted without approval
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(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)Anaccredited 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—
(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).
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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.