Transport (Passenger Vehicles) and Transport
(Infringements) Amendment Regulations 2010
S.R. No. 133/2010
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1
2
3
1
Objectives
Authorising provisions
Commencement
1
1
2
PART 2—AMENDMENTS TO THE TRANSPORT
(PASSENGER VEHICLES) REGULATIONS 2005
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Authorising provisions
Definitions
When a licence must be returned
Records to be kept by an accredited person
Provisions relating to vehicles revoked
Operating doors
Damage
Provisions relating to number plates, signs and devices revoked
Maximum number of passengers
Dress and appearance of drivers
Driver's ticketing obligations
Property in vehicle
Fares and timetables
Passenger without ticket may be asked to leave
Fares—children under 4 may travel free
Concession fares—children 4 and over and under 15
Fares—responsibility of passenger for child under 15
No smoking
No gambling
No musical instruments to be played
Restrictions on operation of sound equipment
No selling and busking etc.
No drinking liquor or possessing open liquor containers
No littering
No graffiti
No offensive language or behaviour
i
3
3
3
4
4
4
5
5
5
5
5
6
6
6
6
7
7
7
7
8
8
8
8
9
9
9
9
Regulation
30
31
32
33
34
35
36
37
Page
No annoying things to be brought onto vehicle
Blocking of doors prohibited
Entering and leaving
Regulations 69 and 70 amended
Carriage of animals
Part 6 revoked
Additional requirements for omnibuses and private buses
Schedule 3 substituted
9
9
10
10
10
11
11
12
SCHEDULE 3—Application of Third Edition Australian
Design Rules (ADR) to Vehicles
Manufactured Before 1 July 1988
12
PART 3—AMENDMENTS TO THE TRANSPORT
(INFRINGEMENTS) REGULATIONS 2010
38
39
Authorising provisions
Transport Infringements—Table 2 of Schedule 3 to the
Transport (Infringements) Regulations 2010
40
Transport Infringements—Table 8 of Schedule 3 to the
Transport (Infringements) Regulations 2010
41
Transport Infringements—Table 10 of Schedule 3 to the
Transport (Infringements) Regulations 2010
═══════════════
ENDNOTES
ii
13
13
13
13
14
15
STATUTORY RULES 2010
S.R. No. 133/2010
Transport (Compliance and Miscellaneous) Act 1983
Transport (Passenger Vehicles) and Transport
(Infringements) Amendment Regulations 2010
The Governor in Council makes the following Regulations:
Dated: 26 October 2010
Responsible Minister:
MARTIN PAKULA
Minister for Public Transport
MATTHEW McBEATH
Clerk of the Executive Council
PART 1—PRELIMINARY
1 Objectives
The objectives of these Regulations are to—
(a) align the Transport (Passenger Vehicles)
Regulations 2005 with the provisions of the
Bus Safety Act 2009 and regulations under
that Act; and
(b) amend incorrect references in the Transport
(Infringements) Regulations 2010; and
(c) revoke redundant regulations.
2 Authorising provisions
These Regulations are made under sections 162
and 215 of the Transport (Compliance and
Miscellaneous) Act 1983.
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Part 1—Preliminary
3 Commencement
(1) These Regulations, except Part 2 and
regulation 41, come into operation on the day
on which they are made.
(2) Part 2 of these Regulations and regulation 41
come into operation on 31 December 2010.
__________________
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Part 2—Amendments to the Transport (Passenger Vehicles) Regulations
2005
PART 2—AMENDMENTS TO THE TRANSPORT
(PASSENGER VEHICLES) REGULATIONS 2005
4 Authorising provisions
In regulation 2 of the Transport (Passenger
Vehicles) Regulations 20051 for "Transport Act
1983" substitute "Transport (Compliance and
Miscellaneous) Act 1983".
5 Definitions
In regulation 4 of the Transport (Passenger
Vehicles) Regulations 2005—
(a) insert the following definitions—
"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;
registered person means a person who is a
registered bus operator within the
meaning of the Bus Safety Act 2009;";
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Part 2—Amendments to the Transport (Passenger Vehicles) Regulations
2005
(b) for the definition of accredited person
substitute—
"accredited person means a person who is an
accredited bus operator within the
meaning of the Bus Safety Act 2009;";
(c) for the definition of regular passenger
service substitute—
"regular passenger service has the same
meaning as in the Bus Services
Act 1995;";
(d) for the definition of vehicle substitute—
"vehicle means a commercial passenger
vehicle other than a taxi-cab or a bus.";
(e) the definitions of accreditation, omnibus,
private bus and public passenger vehicle are
revoked.
6 When a licence must be returned
For regulation 16(d) of the Transport (Passenger
Vehicles) Regulations 2005 substitute—
"(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.".
7 Records to be kept by an accredited person
Regulation 19 of the Transport (Passenger
Vehicles) Regulations 2005 is revoked.
8 Provisions relating to vehicles revoked
Regulations 20(2), 21(2), 23 and 24(2) of the
Transport (Passenger Vehicles) Regulations 2005
are revoked.
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Part 2—Amendments to the Transport (Passenger Vehicles) Regulations
2005
9 Operating doors
In regulation 25 of the Transport (Passenger
Vehicles) Regulations 2005, for "public
commercial passenger vehicle, or a public
passenger vehicle operated for the purpose of a
regular passenger service," substitute "bus or
vehicle".
10 Damage
In regulation 26 of the Transport (Passenger
Vehicles) Regulations 2005 for "or accredited
person's vehicle" substitute "vehicle or accredited
person's bus".
11 Provisions relating to number plates, signs and
devices revoked
Regulations 30(2), 31 and 33 of the Transport
(Passenger Vehicles) Regulations 2005 are
revoked.
12 Maximum number of passengers
For regulation 34(1) of the Transport (Passenger
Vehicles) Regulations 2005 substitute—
"(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.".
13 Dress and appearance of drivers
In regulation 38 of the Transport (Passenger
Vehicles) Regulations 2005 omit "commercial
passenger".
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Part 2—Amendments to the Transport (Passenger Vehicles) Regulations
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14 Driver's ticketing obligations
In regulation 40(1) of the Transport (Passenger
Vehicles) Regulations 2005, for "public passenger
vehicle" substitute "bus".
15 Property in vehicle
(1) In regulation 41(1) and (2) of the Transport
(Passenger Vehicles) Regulations 2005, before
"vehicle" (wherever occurring) insert "bus or".
(2) For regulation 41(3) of the Transport (Passenger
Vehicles) Regulations 2005 substitute—
"(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).
Penalty: 10 penalty units.".
(3) In regulation 41(4) of the Transport (Passenger
Vehicles) Regulations 2005, for "or accredited
person" (wherever occurring) substitute
", accredited person or registered person".
16 Fares and timetables
Regulation 42(2) of the Transport (Passenger
Vehicles) Regulations 2005 is revoked.
17 Passenger without ticket may be asked to leave
Regulation 47(1)(b) of the Transport (Passenger
Vehicles) Regulations 2005 is revoked.
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Part 2—Amendments to the Transport (Passenger Vehicles) Regulations
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18 Fares—children under 4 may travel free
In regulation 48 of the Transport (Passenger
Vehicles) Regulations 2005 omit "or a public
passenger vehicle operated for the purpose of a
regular passenger service".
19 Concession fares—children 4 and over and under 15
For regulation 49(b) of the Transport (Passenger
Vehicles) Regulations 2005, substitute—
"(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.".
20 Fares—responsibility of passenger for child
under 15
In regulation 50 of the Transport (Passenger Vehicles)
Regulations 2005, for "public passenger vehicle
operated for the purpose of a regular passenger
service" substitute "bus".
21 No smoking
(1) In regulation 52 of the Transport (Passenger
Vehicles) Regulations 2005, for "an omnibus"
substitute "a bus or vehicle".
(2) For regulation 52(2) of the Transport (Passenger
Vehicles) Regulations 2005 substitute—
"(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.
Penalty: 5 penalty units.".
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Part 2—Amendments to the Transport (Passenger Vehicles) Regulations
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22 No gambling
In regulation 53 of the Transport (Passenger
Vehicles) Regulations 2005, for "public passenger
vehicle" substitute "bus".
23 No musical instruments to be played
In regulation 54 of the Transport (Passenger
Vehicles) Regulations 2005—
(a) for "public passenger vehicle" substitute
"bus"; and
(b) after "driver of the vehicle" insert "or bus".
24 Restrictions on operation of sound equipment
In regulation 55(1) of the Transport (Passenger
Vehicles) Regulations 2005 for "public passenger
vehicle" substitute "bus".
25 No selling and busking etc.
(1) In regulation 56(1) of the Transport (Passenger
Vehicles) Regulations 2005—
(a) for "public passenger vehicle" substitute
"bus"; and
(b) for "to operate the vehicle" substitute
"for the bus".
(2) In regulation 56(2) of the Transport (Passenger
Vehicles) Regulations 2005—
(a) for "public passenger vehicle" substitute
"bus"; and
(b) for "person accredited to operate the vehicle"
substitute "accredited person for the bus".
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26 No drinking liquor or possessing open liquor
containers
In regulation 57(1) of the Transport (Passenger
Vehicles) Regulations 2005—
(a) for "public passenger vehicle" substitute
"bus"; and
(b) for "person accredited to operate the vehicle"
substitute "accredited person for the bus".
27 No littering
In regulation 58(1) and (2) of the Transport
(Passenger Vehicles) Regulations 2005 for "public
passenger vehicle operated for the purpose of a
regular passenger service" substitute "bus".
28 No graffiti
In regulation 60 of the Transport (Passenger
Vehicles) Regulations 2005 for "public passenger
vehicle" substitute "bus".
29 No offensive language or behaviour
In regulation 61 of the Transport (Passenger
Vehicles) Regulations 2005 for "public passenger
vehicle operated for the purpose of a regular
passenger service" substitute "bus".
30 No annoying things to be brought onto vehicle
In regulation 62(1), (2) and (3) of the Transport
(Passenger Vehicles) Regulations 2005 for "public
passenger vehicle operated for the purpose of a
regular passenger service" substitute "bus".
31 Blocking of doors prohibited
In regulation 65 of the Transport (Passenger
Vehicles) Regulations 2005 for "public passenger
vehicle operated for the purpose of a regular
passenger service" substitute "bus".
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Part 2—Amendments to the Transport (Passenger Vehicles) Regulations
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32 Entering and leaving
In regulation 66(1), (2) and (3) of the Transport
(Passenger Vehicles) Regulations 2005—
(a) for "public passenger vehicle operated for
the purpose of a regular passenger service"
substitute "bus"; and
(b) after "the vehicle" (wherever occurring)
insert "or bus".
33 Regulations 69 and 70 amended
In regulations 69 and 70 of the Transport
(Passenger Vehicles) Regulations 2005—
(a) for "public passenger vehicle operated for
the purpose of a regular passenger service"
substitute "bus"; and
(b) after "the vehicle" (wherever occurring)
insert "or bus".
34 Carriage of animals
(1) For regulation 72(1) and (2) of the Transport
(Passenger Vehicles) Regulations 2005
substitute—
"(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
by the Director under section 220D(1)
of the Act; or
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(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 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 by the Director under
section 220D(1) of the Act are published in the
Government Gazette.".
(2) In regulation 72(3) of the Transport (Passenger
Vehicles) Regulations 2005—
(a) for "public passenger vehicle" substitute
"bus"; and
(b) after "the vehicle" (wherever occurring)
insert "or bus".
35 Part 6 revoked
Part 6 of the Transport (Passenger Vehicles)
Regulations 2005 is revoked.
36 Additional requirements for omnibuses and private
buses
Part 3 of Schedule 2 to the Transport (Passenger
Vehicles) Regulations 2005 is revoked.
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Part 2—Amendments to the Transport (Passenger Vehicles) Regulations
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37 Schedule 3 substituted
For Schedule 3 to the Transport (Passenger
Vehicles) Regulations 2005 substitute—
"__________________
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
".
__________________
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Part 3—Amendments to the Transport (Infringements) Regulations 2010
PART 3—AMENDMENTS TO THE TRANSPORT
(INFRINGEMENTS) REGULATIONS 2010
38 Authorising provisions
In regulation 2 of the Transport (Infringements)
Regulations 20102 for "Transport Act 1983"
substitute "Transport (Compliance and
Miscellaneous) Act 1983".
39 Transport Infringements—Table 2 of Schedule 3 to
the Transport (Infringements) Regulations 2010
(1) In item 28 of Table 2 in Schedule 3 to the
Transport (Infringements) Regulations 2010—
(a) for "Spitting on property" substitute
"Spitting in, at or on a public transport
vehicle or public transport premises"; and
(b) for "8953" substitute "8963"; and
(c) for "8241" substitute "8964".
(2) In item 29 of Table 2 in Schedule 3 to the
Transport (Infringements) Regulations 2010—
(a) for "Spitting on people" substitute "Spitting
at or on people"; and
(b) for "3152" substitute "8965"; and
(c) for "8242" substitute "8966".
40 Transport Infringements—Table 8 of Schedule 3 to
the Transport (Infringements) Regulations 2010
In item 154 of Table 8 in Schedule 3 to the
Transport (Infringements) Regulations 2010 for
"14(2)" substitute "14(1)".
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Part 3—Amendments to the Transport (Infringements) Regulations 2010
41 Transport Infringements—Table 10 of Schedule 3 to
the Transport (Infringements) Regulations 2010
Table 10 in Schedule 3 to the Transport
(Infringements) Regulations 2010 is revoked.
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Endnotes
ENDNOTES
1
Reg. 4: S.R. No. 66/2005. Reprint No. 1 incorporating amendments as at
16 November 2006. Reprinted to S.R. No. 86/2006 and subsequently
amended by S.R. Nos 68/2007, 40/2008, 75/2008 and 90/2010.
2
Reg. 38: S.R. No. 4/2010 as amended by S.R. No. 41/2010.
15