55V Disqualification from applying for driver accreditation
(1) If Safe Transport Victoria refuses an application for the issue of a driver accreditation under this Part, Safe Transport Victoria may determine that the applicant is disqualified from applying for the issue of a driver accreditation for a period determined by Safe Transport Victoria.
(2) A period determined by Safe Transport Victoria under subsection (1) must not exceed 5 years.
(3) In making a determination under subsection (1), Safe Transport Victoria must have regard to—
(a) the public care objective; and
(b) if the person has been found guilty of a category 2 offence or category 3 offence, the matters set out in section 55O(6).
(4) Safe Transport Victoria must give the applicant written notice of the disqualification as soon as practicable after the determination to disqualify the applicant.
(a) specify the period of disqualification; and
(b) include a statement of reasons for the action taken; and
(c) inform the applicant that they have a right to seek review of Safe Transport Victoria's determination to take the action under Part 6.
S. 55VA inserted by No. 34/2023 s. 6.
55VA Disqualification ceases if there has been a relevant change of circumstances
(1) A person who has been disqualified under section 55V is not entitled to make a further application for the issue of a driver accreditation under this Part—
(a) until the period determined by Safe Transport Victoria has elapsed; or
(b) unless Safe Transport Victoria declares that the disqualification ceases to have effect.
(2) The person may apply in writing to Safe Transport Victoria for a declaration that the disqualification ceases to have effect.
(3) On receiving an application under subsection (2), Safe Transport Victoria must declare that the disqualification ceases to have effect if satisfied that there has been a relevant change in circumstances in relation to the person.
(4) In this section—
relevant change in circumstances, in relation to a person, includes where—
(a) a charge that the person was subject to, that was pending at the date of the disqualification, is finally dealt with, without the person being found guilty of the offence; or
(b) a finding of guilt of the person is quashed or set aside by a court after the date of the disqualification; or
(c) a finding on which the decision to disqualify the person under section 55V was based is quashed or set aside after the date of the disqualification.
Section 55V - Bus Safety Act 2009 - Disqualification from applying for driver accreditation | Zoe
Division 5—Driver accreditation offences
S. 55VB inserted by No. 34/2023 s. 6, repealed by No. 56/2025 s. 3.
S. 55VC inserted by No. 34/2023 s. 6.
55VC Offence not to notify change of address and return certificate of accreditation
(a) changes their residential address; and
(b) does not within 5 business days after that change occurring—
(i) notify Safe Transport Victoria of it; and
(ii) return the certificate of accreditation to Safe Transport Victoria.
(2) An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.
S. 55VD inserted by No. 34/2023 s. 6.
55VD Offence not to notify of suspension or cancellation of driver accreditation
(1) A person issued with a driver accreditation commits an offence if the person—
(a) is employed or engaged by an accredited bus operator; and
(b) receives notice of the suspension or cancellation of their driver accreditation; and
(c) does not notify the accredited bus operator of the suspension or cancellation within 5 business days after receiving that notice.
(2) A person who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.
S. 55VE inserted by No. 34/2023 s. 6.
55VE Offence not to notify of being charged with, or found guilty of, a disqualifying offence
(a) is charged with, or found guilty of, a disqualifying offence; and
(b) does not notify Safe Transport Victoria of the charge or the finding of guilt within 20 business days after being so charged or found guilty.
(2) An accredited driver commits an offence if the driver—
(a) becomes subject to reporting obligations or an order of a kind referred to in section 55O(2)(c); and
(b) does not notify Safe Transport Victoria of the obligations or order within 20 business days after becoming subject to them.
(3) An accredited driver who commits an offence against subsection (1) or (2) is liable to a penalty not exceeding 5 penalty units.
S. 55VF inserted by No. 34/2023 s. 6.
55VF Offence to retain illegible certificate of accreditation
(1) An accredited driver commits an offence if—
(a) the driver's certificate of accreditation becomes illegible or is altered or defaced; and
(b) the driver does not return the certificate to Safe Transport Victoria and apply for the issue of a replacement certificate within 5 business days after becoming aware that the certificate has become illegible or is altered or defaced.
(2) An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.
S. 55VG inserted by No. 34/2023 s. 6.
55VG Offence to retain certificate if accreditation suspended or cancelled
(1) A person issued with a driver accreditation commits an offence if the person—
(a) receives notice of the suspension or cancellation of their driver accreditation; and
(b) does not return their certificate of accreditation to Safe Transport Victoria within 20 business days after receiving notice of the suspension or cancellation.
(2) A person who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.
S. 55VH inserted by No. 34/2023 s. 6.
55VH Offence not to carry certificate of accreditation when driving
(1) An accredited driver commits an offence if the driver does not carry their certificate of accreditation while driving a bus for the purpose of providing a commercial bus service, commercial minibus service or a local bus service.
(2) An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.
S. 55VI inserted by No. 34/2023 s. 6.
55VI Driver accreditation cannot be transferred
(1) A driver accreditation—
(a) is personal to the person who holds it; and
(b) is not capable of being transferred or assigned to any other person or of being otherwise dealt with by the person who holds it; and
(c) does not vest by operation of law in any other person.
(2) A purported transfer, assignment or lease of a driver accreditation and any other purported dealing with a driver accreditation by the person who holds it is of no effect.
(3) An accredited driver must not purport to transfer or assign their driver accreditation to any other person or otherwise purport to deal with it.
(4) This section does not apply to the surrender of an accreditation in accordance with this Part.
S. 55VJ inserted by No. 34/2023 s. 6.
55VJ Surrender of driver accreditation
(1) An accredited driver may apply in writing to Safe Transport Victoria for consent to surrender their driver accreditation.
(2) An application under subsection (1) must be accompanied by the certificate of accreditation unless—
(a) the certificate has already been returned to Safe Transport Victoria; or
(b) the certificate has been lost, stolen or destroyed.
(3) If subsection (2)(b) applies, the application must be accompanied by a statement, verified by a statutory declaration signed by or on behalf of the accredited driver, that the certificate has been lost, stolen or destroyed.
(4) Subject to subsection (5), on receiving an application under subsection (1), Safe Transport Victoria must consent to the surrender.
(5) Safe Transport Victoria may impose any condition on the consent to surrender that Safe Transport Victoria considers necessary to protect the interests of a third party.
(6) A person commits an offence if—
(a) Safe Transport Victoria imposes a condition on a consent to surrender a driver accreditation; and
(b) the condition applies to the person; and
(c) the person does not comply with the condition.
(7) A person who commits an offence against subsection (6) is liable to a penalty not exceeding 20 penalty units.
S. 55VK inserted by No. 34/2023 s. 6.
55VK Offence not to produce certificate of accreditation when asked
(a) drives a bus for the purposes of providing a commercial bus service, commercial minibus service or a local bus service; and
(b) is asked by a transport safety officer or a police officer to produce their certificate of accreditation; and
(c) refuses or fails to do so.
(2) An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.