Version incorporating amendments as at
1 October 2024
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objective 1
2 Authorising provisions 1
3 Commencement 1
4 Definitions 2
5 Revocation of Regulations 9
Part 2—Bus safety duties 10
Division 1—Bus operator obligations 10
6 Maximum number of passengers 10
7 Bus standards 11
8 Devices for school buses 11
9 Fire extinguishers 12
10 Signage—accreditation number 12
12 Signage—number plates 13
Division 2—Bus driver obligations 14
13 Devices must operate 14
14 Driver must not have alcohol or drugs present 15
Part 4—Accreditation 16
Division 1—Application for accreditation 16
18 Documents and other matters to accompany application 16
Division 2—Conditions on accreditation 19
19 Prescribed conditions on accreditation 19
20 Compliance with Part 2 19
21 Management information system to be maintained 20
22 Maintenance management system to be maintained 20
23 Conduct of audits 20
23A Bus used by accredited bus operator that is a heavy vehicle must comply with heavy vehicle standards 20
23B Bus driver for commercial minibus service must be accredited under Bus Safety Act 2009 21
24 Certificate of accreditation 21
25 Payment of fee 22
Part 5—Exemptions 23
26AA Certain operators exempted from the requirement to be accredited 23
26 Information to be contained in application for exemption 24
27 Requirements for exemption 25
28 Exemption subject to conditions 26
29 Application for variation of an exemption 29
Part 6—Record keeping for bus operators 30
30 Definition 30
31 Retention of records—accredited bus operator 30
33 Retention of records—language 32
34 Disclosure of records by accredited bus operators 32
Part 7—Bus safety inspections 34
35 Bus safety inspections—accredited bus operator 34
36 Bus safety inspections—specified exempt bus operators 35
37 Bus safety inspections—exemptions 35
38 Licensed bus tester requirements 36
39 Bus safety inspection reports 36
40 Qualification or experience required to conduct vehicle safety inspections 37
Part 8—Reporting and investigation of bus incidents 38
41 Duty to notify Safe Transport Victoria of bus incidents 38
42 Notification of category 1 incidents 38
43 Notification of category 2 incidents 39
44 Notification of category 3 incidents 39
45 Bus incident investigation 39
46 Bus incident investigation report 40
Part 9—Fees 42
47 Fee to accompany application for accreditation 42
48 Annual accreditation fee 42
49 Waiver of fees 42
Part 10—Savings and transitional provisions 43
50 Compliance of application for accreditation with prescribed requirements 43
51 Preservation of records 43
52 Payment of annual accreditation fee by bus operator previously registered 43
53 Compliance of bus operator previously registered with accredited bus operator number plate requirement and accreditation conditions 44
54 Meaning of first annual bus safety inspection for specified exempt bus operators previously registered 45
Schedule 1—Bus standards 46
Schedule 2—Application of Third Edition Australian Design Rules (ADR) to buses manufactured before 1 July 1988 48
Schedule 3—Matters and information to be contained in a management information system of an accredited bus operator 49
Schedule 4—Matters and information to be contained in a maintenance management system of an accredited bus operator 52
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Endnotes 55
1 General information 55
2 Table of Amendments 57
3 Explanatory details 58
Version No.006
Bus Safety Regulations 2020
S.R. No. 102/2020
Version incorporating amendments as at
1 October 2024
Part 1—Preliminary
1 Objective
The objective of these Regulations is to provide for the following matters relating to the safety of bus services—
(a) bus operations and vehicle requirements;
Reg. 1(b) amended by S.R. No. 17/2022 reg. 5.
(b) the accreditation of bus operators;
(c) exemptions from designated provisions of the Bus Safety Act 2009;
(d) inspections and audits of bus operators;
(e) the reporting and investigation of bus incidents;
(f) any other matters necessary to give effect to the Bus Safety Act 2009.
2 Authorising provisions
These Regulations are made under sections 72, 73, 74, 75, 76 and 77 of the Bus Safety Act 2009.
3 Commencement
(1) Subject to subregulations (2) and (3), these Regulations come into operation on 9 October 2020.
(2) Regulation 44 comes into operation on 1 January 2021.
(3) Regulations 10, 11 and 32 come into operation on 5 April 2021.
4 Definitions
In these Regulations—
Reg. 4 def. of accreditation amended by S.R. No. 96/2024 reg. 5(a).
accreditation means accreditation to operate a bus service under Part 4 of the Act;
Note
This accreditation differs from driver accreditation as defined in section 3(1) of the Bus Safety Act 2009.
accredited bus operator number plates means number plates issued by the Secretary for display on a bus used by an accredited bus operator;
Reg. 4 def. of authorised officer inserted by S.R. No. 119/2021
reg. 4(a).
authorised officer has the same meaning as in regulation 5 of the Road Safety (Vehicles) Regulations 2021;
Reg. 4 def. of authorised vehicle inspector inserted by S.R. No. 119/2021
reg. 4(a).
authorised vehicle inspector has the same meaning as in regulation 5 of the Road Safety (Vehicles) Regulations 2021;
bus incident means—
(a) a category 1 incident; or
(b) a category 2 incident; or
(c) a category 3 incident;
bus standard, in relation to a bus, means—
(a) if the bus is of a class specified in Schedule 1, a standard set out in Schedule 1 that is applicable to that class of bus; and
(b) if the bus is manufactured before 1 July 1988, an Australian Design Rule set out in Schedule 2 that is applicable to a category of vehicles of the same type as that bus;
Reg. 4 def. of category 1 incident amended by S.R. No. 17/2022 reg. 6(b).
category 1 incident, in relation to a bus operated by an accredited bus operator, means any of the following—
(a) any circumstance, act or omission involving the bus that results in the death of, or serious injury to, any person;
(b) a collision between the bus and any person;
(c) a collision between the bus and any vehicle, infrastructure or other property that results in significant damage to property;
(d) an implosion, explosion or fire;
(e) the bus being in motion while not under the effective control of a driver;
(f) an alleged assault that directly involves the bus driver and has the potential to result in the death of, or serious injury to, any person;
(g) a circumstance where the driver of the bus is in contravention of the bus operator's alcohol and drug management policy;
(h) a terrorist act on or near the bus;
(i) a circumstance where a child is left unattended on the bus at the conclusion of a bus route or service;
(j) a mechanical failure of the bus that has the potential to result in the death of, or serious injury to, any person;
Reg. 4 def. of category 2 incident amended by S.R. No. 17/2022 reg. 6(b).
category 2 incident, in relation to a bus operated by an accredited bus operator, means any circumstance, act or omission involving the bus, other than an incident that is a category 1 incident, that results in any of the following—
(a) a person requiring immediate treatment as an in-patient in a hospital;
(b) attendance by a police officer or health professional;
(c) a divergence of the bus from a highway;
Reg. 4 def. of category 3 incident amended by S.R. No. 17/2022 reg. 6(b).
category 3 incident, in relation to a bus operated by an accredited bus operator, means any of the following incidents, other than an incident that is a category 1 or category 2 incident—
(a) an alleged assault that occurs on the bus but does not directly involve the bus driver;
(b) an alleged assault witnessed by the bus driver that occurs in the immediate vicinity of the bus, including at a bus stopping point;
(c) a circumstance involving suspected or attempted self-harm that has the potential to result in the death of, or serious injury to, any person;
Reg. 4 def. of certificate of accreditation amended by S.R. No. 17/2022 reg. 6(c).
certificate of accreditation means a certificate issued under section 30 of the Act;
Reg. 4 def. of certificate of registration revoked by S.R. No. 17/2022 reg. 6(d).
Reg. 4 def. of complying lights and signs
amended by S.R. No. 119/2021
reg. 4(b).
complying lights and signs means warning lights and signs that comply with the requirements of—
(a) in the case of a bus that is a heavy vehicle—clauses 76, 77 and 78 of Schedule 2 to the Heavy Vehicle (Vehicle Standards) National Regulations; or
(b) in the case of a bus that is not a heavy vehicle—clauses 111, 112 and 113 of Schedule 1 to the Road Safety (Vehicles) Regulations 2021;
Reg. 4 def. of contact person revoked by S.R. No. 17/2022 reg. 6(d).
Reg. 4 def. of Council inserted by S.R. No. 17/2022 reg. 6(a).
Council has the same meaning as in the Local Government Act 2020;
Reg. 4 def. of current certificate of roadworthi-ness
amended by S.R. No. 119/2021
reg. 4(c).
current certificate of roadworthiness has the same meaning as in regulation 5 of the Road Safety (Vehicles) Regulations 2021;
former regulations means the Bus Safety Regulations 2010[1];
hazard warning device means flashing lights and signs sufficient to warn surrounding traffic that passengers are boarding or alighting from a bus;
heavy vehicle has the same meaning as in the Heavy Vehicle National Law (Victoria);
Heavy Vehicle (Vehicle Standards) National Regulations means the Heavy Vehicle (Vehicle Standards) National Regulation made under section 730 of the Heavy Vehicle National Law (Victoria);
highway has the same meaning as it has in section 3(1) of the Road Safety Act 1986;
investigation report means a report relating to a bus incident prepared in accordance with regulation 46(1);
Reg. 4 def. of licensed bus tester
amended by S.R. No. 119/2021
reg. 4(d).
licensed bus tester means a person who—
(a) holds a tester's licence under Part 6 of the Road Safety (Vehicles) Regulations 2021; and
(b) is authorised by that licence to examine and test buses;
maintenance management system means a system established in accordance with regulation 22, containing information about the maintenance management of each bus used in the provision of bus services operated by the accredited bus operator;
management information system means a system established in accordance with regulation 21, containing information about the management of each bus service operated by the accredited bus operator;
national police certificate means a certificate issued as a result of a national police records check;
national police records check means a search of the records of the police force of Victoria and the police forces of all other Australian jurisdictions conducted in respect of a person to determine the criminal history of that person, including whether that person has been found guilty of a criminal offence;
Reg. 4 def. of qualified person amended by S.R. No. 96/2024 reg. 5(b).
qualified person means a person who satisfies the requirements to conduct vehicle safety inspections specified by Safe Transport Victoria in accordance with regulation 40;
school bus service means a bus service providing a passenger service along a fixed route on a regular basis primarily for the purpose of transporting children to and from school;
Note
A route bus service available to the general public that is used by children to travel to and from school is not a school bus service for the purpose of these Regulations, regardless of whether—
the bus service is an additional service scheduled by the bus operator to handle increased passenger numbers because of school children using that route bus service; or
stops on the route that are at or near a school are only used on journeys made at or around school start and finish times.
Reg. 4 def. of specified exempt bus operator inserted by S.R. No. 17/2022 reg. 6(a).
specified exempt bus operator means a bus operator exempted under regulation 26AA(1)(a) or (b) from the requirement to be accredited under Part 4 of the Act;
terrorist act has the same meaning as in section 4(1) of the Terrorism (Community Protection) Act 2003;
the Act means the Bus Safety Act 2009;
Reg. 4 def. of VASS approval certificate inserted by S.R. No. 119/2021
reg. 4(a).
VASS approval certificate has the same meaning as in regulation 5 of the Road Safety (Vehicles) Regulations 2021;
vehicle identification number has the same meaning as in section 3(1) of the Road Safety Act 1986;
Reg. 4 def. of vehicle registration number
amended by S.R. No. 119/2021
reg. 4(e).
vehicle registration number means the combination of one or more letters or numbers (or both) assigned to a vehicle by the Secretary upon registering that vehicle under the Road Safety (Vehicles) Regulations 2021;
vehicle safety inspection means an inspection of a bus that is conducted to ensure the bus is roadworthy and safe, other than a bus safety inspection completed in accordance with section 19 of the Act.
(1) The maximum number of passengers that may be safely carried on a bus is the most recent of the following—
(a) the carrying capacity determined by the manufacturer and specified on a compliance plate affixed to the bus;
(b) the carrying capacity specified in a certificate issued by a licensed bus tester;
Reg. 6(1)(c) substituted by S.R. No. 119/2021
reg. 5.
(c) the carrying capacity specified—
(i) in the case of a heavy vehicle, in a certificate issued for the vehicle by an authorised officer or an authorised vehicle inspector under regulation 35(b)(i) of the Road Safety (Vehicles) Regulations 2021; or
(ii) in the case of a light vehicle, in a VASS approval certificate issued for the vehicle by an authorised vehicle inspector under regulation 35(c)(ii) of the Road Safety (Vehicles) Regulations 2021.
(2) The operator of a bus service must ensure that each bus used in the provision of the bus service that is built with seating positions for 13 or more adults, including the driver, displays a notice of the maximum number of passengers that may be safely carried on the bus, in accordance with subregulation (3).
Penalty: 5 penalty units.
(3) A notice under subregulation (2) must be displayed—
(a) in characters at least 25 millimetres high and of proportionate width; and
(b) in a position inside the bus that is clearly visible to the bus driver when seated in the driver seat of the bus.
7 Bus standards
(1) Subject to subregulation (2), the operator of a bus service must ensure that each bus used to provide the bus service complies with each applicable bus standard, unless an exclusion specified in Schedule 2 applies.
Penalty: 20 penalty units.
Reg. 7(2) amended by S.R. No. 96/2024 reg. 6.
(2) Safe Transport Victoria may exempt a bus from complying with a bus standard if, in Safe Transport Victoria's opinion, the bus standard is inappropriate having regard to—
(a) the design or construction of the bus; or
(b) the type of bus service the bus is used to provide.
8 Devices for school buses
(1) Subject to subregulation (2), the operator of a school bus service must ensure that any bus used to provide that school bus service is fitted with complying lights and signs.
Penalty: 20 penalty units.
(2) If a bus used to provide a school bus service was fitted with warning lights before 1 July 1999, the operator of that school bus service must be taken to comply with subregulation (1) if the bus—
(a) is fitted with a hazard warning device; and
(b) has signs fitted to the front and rear of the bus displaying the words "school bus" in capital letters at least 100 millimetres high.
9 Fire extinguishers
(1) The operator of a bus service must ensure that one or more fire extinguishers are provided on each bus used in the provision of the bus service in accordance with the requirements of regulation 7 or Australian Design Rule 58/00 (as the case requires) in relation to—
(a) the number of fire extinguishers to be provided on each bus; and
(b) the type and location of each fire extinguisher provided on each bus.
Penalty: 10 penalty units.
(2) The operator of the bus service must ensure that each fire extinguisher provided on each bus used in the provision of the bus service is maintained in operating condition.
Penalty: 10 penalty units.
10 Signage—accreditation number
(1) An accredited bus operator must ensure that the accreditation number of the bus operator is displayed in accordance with subregulation (2) on each bus operated by the bus operator.
Penalty: 10 penalty units.
(2) The accreditation number must be displayed—
(a) adjacent to the front passenger loading door; and
(b) in a position and colour so as to be clearly visible from the exterior of the bus; and
(c) in characters at least 50 millimetres high and of proportionate width.
(3) A person must not display a bus operator accreditation number on a bus unless—
(a) the bus is used to provide a bus service operated by an accredited bus operator; and
(b) the number displayed corresponds to the accreditation number of the bus operator who operates that bus service.
Penalty: 10 penalty units.
Reg. 11 revoked by S.R. No. 17/2022 reg. 7.
12 Signage—number plates
(1) An accredited bus operator must display accredited bus operator number plates on each bus that is—
(a) operated by the bus operator; and
(b) registered in Victoria in the name of the accredited bus operator or a relevant person in relation to the accredited bus operator (as the case requires).
Penalty: 10 penalty units.
Example
An operator accredited in Victoria to provide an interstate coach service using a bus registered in another State or Territory is not required to display accredited bus operator number plates on that bus.
(2) A person must not display accredited bus operator number plates on a bus unless—
(a) the bus is operated by an accredited bus operator; or
(b) the bus is—
(i) registered in the name of an accredited bus operator or a relevant person in relation to an accredited bus operator (as the case requires); and
Reg. 12(2)(b)(ii) substituted by S.R. No. 17/2022 reg. 8.
(ii) used to provide a service by a bus operator exempted under the Act or regulation 26AA from the requirement to be accredited under Part 4 of the Act.
Penalty: 10 penalty units.
Division 2—Bus driver obligations
13 Devices must operate
(1) This regulation applies if a bus used to provide a school bus service is fitted with a light, sign or other device in accordance with regulation 8.
(2) The driver of the bus must ensure that each light, sign or other device fitted to the bus operates when the bus is stationary on a highway for the purpose of picking up or setting down school children.
Penalty: 10 penalty units.
(3) A driver of a bus does not commit an offence under subregulation (2) if a light, sign or other device fails to operate due to a mechanical failure or any other circumstance beyond the control of the driver.
(4) If subregulation (3) applies, the driver of a bus must, as soon as reasonably practicable—
(a) inform the operator of the school bus service; and
(b) cease operating the bus.
(5) If the driver has ceased operating the bus under subregulation (4)(b), the operator of the school bus service must not allow that bus to be used for a school bus service until the light, sign or other device is operational.
Penalty: 20 penalty units.
14 Driver must not have alcohol or drugs present
The driver of a bus must not have alcohol or drugs present in the driver's blood or breath immediately before or while driving a bus.
Penalty: 10 penalty units.
Pt 3 (Heading and regs
15–17) revoked by S.R. No. 17/2022 reg. 9.
Part 4—Accreditation
Division 1—Application for accreditation
Reg. 18 amended by S.R. Nos 17/2022 reg. 10(a), 96/2024 reg. 7(1).
18 Documents and other matters to accompany application
(1) For the purposes of section 23(2)(b)(ii) and (iii) of the Act, the prescribed evidentiary documents and other matters to accompany an application for accreditation are—
(a) if the applicant is a natural person—
(i) the name of that person; and
(ii) evidence as to whether or not the applicant is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; and
(b) if the applicant is a partnership—
(i) evidence of the partnership; and
(ii) the names of the current partners of the partnership; and
(c) if the applicant is an unincorporated body or association other than a partnership—
(i) the certificate of business name or other document establishing the existence of the body or association; and
(ii) the names of the current members of the committee of management of the body or association; and
(d) if the applicant is a company, co-operative or incorporated association—
(i) the certificate of incorporation; and
(ii) the names of the current directors of the company, co-operative or incorporated association; and
(e) if the applicant is a body corporate other than a company, co-operative or incorporated association—
(i) the document establishing the existence of the body corporate; and
(ii) the names of the current office bearers of the body corporate; and
(f) a copy of a current certificate of roadworthiness for each bus to be used in providing the bus service; and
(g) the dates of any previous licence, registration or accreditation held by the applicant in relation to the operation of a bus service under any of the following—
(i) the Act;
(ii) an earlier enactment relating to the licensing, registration or accreditation of bus operators;
(iii) an Act in another State or Territory; and
(h) a copy of the applicant's management information system; and
(i) a copy of the applicant's maintenance management system; and
Reg. 18(1)(j) revoked by S.R. No. 17/2022 reg. 10(b).
Reg. 18(1)(k) substituted by S.R. No. 17/2022 reg. 10(c).
(k) a national police certificate in respect of the applicant (or if the applicant is not a natural person, each relevant person) issued no more than 28 days before the date of the application; and
Reg. 18(1)(l) substituted by S.R. No. 17/2022 reg. 10(d).
(l) evidence that shows whether or not the applicant (or if the applicant is not a natural person, each relevant person) is subject to—
(i) reporting obligations imposed under Part 3 of the Sex Offenders Registration Act 2004; or
(ii) a supervision order or interim supervision order within the meaning of the Serious Offenders Act 2018; or
(iii) a supervision order or interim supervision order within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009; or
(iv) an extended supervision order or interim extended supervision order made under the Serious Sex Offenders Monitoring Act 2005; and
(m) if the applicant is a corporation, evidence as to whether or not—
(i) a receiver or receiver and manager, within the meaning of the Corporations Act 2001 of the Commonwealth, has been appointed in relation to the applicant; or
(ii) the applicant has been placed in administration under the Corporations Act 2001 of the Commonwealth or under the law of any place outside Australia; or
(iii) a court has made an order under the Corporations Act 2001 of the Commonwealth for winding up of the applicant; and
Reg. 18(1)(n) amended by S.R. No. 96/2024 reg. 7(2).
(n) if Safe Transport Victoria so requires, documentary evidence that the applicant is or has been accredited in another State or Territory to operate a similar type of bus service, together with details of that accreditation.
Reg. 18(2) amended by S.R. No. 96/2024 reg. 7(2).
(2) For the purposes of subregulation (1)(n), Safe Transport Victoria may, by written notice given to the applicant, require the applicant to provide documentary evidence that the applicant is or has been accredited in another State or Territory to operate a similar type of bus service, together with details of that accreditation.
For the purposes of section 31(1)(b) of the Act, the prescribed conditions on accreditation are the conditions set out in this Division.
20 Compliance with Part 2
An accredited bus operator must ensure that every bus used in the provision of the bus service complies with, or is operated in accordance with, Part 2.
21 Management information system to be maintained
An accredited bus operator must establish, maintain and comply with a system for managing information about the operation of the bus service that contains the matters and information specified in Schedule 3.
22 Maintenance management system to be maintained
An accredited bus operator must establish, maintain and comply with a system for ensuring that all buses operated by the operator are maintained in a fit, serviceable and safe condition that contains the matters and information specified in Schedule 4.
23 Conduct of audits
An accredited bus operator must—
(a) complete an audit at least annually of the management information system and the maintenance management system maintained by the bus operator to identify any deficiencies in those systems; and
(b) rectify any identified deficiencies.
Reg. 23A inserted by S.R. No. 17/2022 reg. 13.
23A Bus used by accredited bus operator that is a heavy vehicle must comply with heavy vehicle standards
An accredited bus operator must ensure that a bus that is a heavy vehicle that is used by the accredited bus operator to provide a bus service complies with the Heavy Vehicle (Vehicle Standards) National Regulations.
Reg. 23B (Heading) amended by S.R. No. 96/2024 reg. 8(1).
Reg. 23B inserted by S.R. No. 17/2022 reg. 13, amended by S.R. No. 96/2024 reg. 8(2).
23B Bus driver for commercial minibus service must be accredited under Bus Safety Act 2009
An accredited bus operator must not permit a person to drive a bus for a commercial minibus service unless that person holds a driver accreditation under Part 4A of the Bus Safety Act 2009.
24 Certificate of accreditation
(1) An accredited bus operator must not—
(a) deface or alter a certificate of accreditation; or
(b) part with possession of a certificate of accreditation except as required or permitted under these Regulations or the Act.
Reg. 24(2) amended by S.R. No. 96/2024 reg. 9.
(2) An accredited bus operator must deliver a certificate of accreditation to Safe Transport Victoria within 14 days of—
(a) the document being defaced or altered; or
(b) the operator receiving notice of the suspension or cancellation of the accreditation; or
Reg. 24(2)(c) amended by S.R. No. 17/2022 reg. 14.
(c) the operator receiving a new certificate of accreditation following variation of the accreditation under section 37(4) or 39(1) of the Act; or
(d) the operator ceasing to be accredited.
25 Payment of fee
Reg. 25(1) amended by S.R. No. 96/2024 reg. 10.
(1) An accredited bus operator must pay to Safe Transport Victoria the annual accreditation fee—
Reg. 25(1)(a) amended by S.R. No. 96/2024 reg. 10.
(a) in the first year in which an accreditation is granted by Safe Transport Victoria, within 14 days after the accreditation is granted; and
(b) in each subsequent year, within 14 days after the anniversary of the date of the granting of the accreditation.
(2) Subregulation (1) does not apply if the annual accreditation fee is waived under section 67(3) of the Act or regulation 49.
Part 5—Exemptions
Reg. 26AA inserted by S.R. No. 17/2022 reg. 15.
26AA Certain operators exempted from the requirement to be accredited
(1) For the purposes of section 22(c) of the Act, the following bus service operators are exempted from the requirement to be accredited under Part 4 of the Act—
(a) non-commercial courtesy bus service operators;
(b) community and private bus service operators that only operate buses with less than 24 seats, other than—
(i) operators that are a Council; or
(ii) operators that provide bus services for or in connection with the activities of—
(A) an educational body, for the transport of children or primary or secondary school students; or
(B) a health or welfare body, for the transport of persons who need special care or support due to their age or disability;
(c) bus service operators that only operate buses from time to time by hiring a bus to provide a single bus service.
(2) For the purposes of subregulation (1)(c), providing a single bus service may involve one or more trips.
(3) To avoid doubt, subregulation (1)(c) does not apply to hire and drive bus service operators.
26 Information to be contained in application for exemption
Reg. 26(1) amended by S.R. No. 17/2022 reg. 16(a).
(1) For the purposes of section 51(2)(b) of the Act, the prescribed information to be contained in an application for exemption from a designated provision is—
(a) the applicant's name and address for correspondence; and
Reg. 26(1)(b) amended by S.R. No. 96/2024 reg. 11.
(b) the name and contact details of each person appointed by the applicant to deal with queries that Safe Transport Victoria may have in relation to the application; and
(c) if the applicant is a partnership—
(i) evidence of the partnership; and
(ii) the names of the current partners of the partnership; and
(d) if the applicant is an unincorporated body or association other than a partnership—
(i) the certificate of business name or other document establishing the existence of the applicant; and
(ii) the names of the current members of the committee of management of the association or body; and
(e) if the applicant is a company, co‑operative or incorporated association—
(i) the certificate of incorporation; and
(ii) the names of the current directors of the company, co-operative or incorporated association; and
(f) if the applicant is a body corporate other than a company, co-operative or incorporated association—
(i) the document establishing the existence of the applicant; and
(ii) the names of the current office bearers of the body corporate; and
(g) details of the designated provision from which an exemption is sought; and
Reg. 26(1)(h) amended by S.R. No. 17/2022 reg. 16(b).
(h) if the applicant holds an accreditation, details of that accreditation.
Reg. 26(1)(i) revoked by S.R. No. 17/2022 reg. 16(c).
(2) If a person applies for an exemption from a designated provision and any part of the bus service in respect of which the exemption is sought is intended to be carried out by any other person, the application must contain—
(a) the name and contact details of each such person; and
(b) details of the part of the bus service that it is intended that the person will carry out on behalf of the applicant.
27 Requirements for exemption
Reg. 27(1) amended by S.R. No. 17/2022 reg. 17.
(1) For the purposes of section 52(b) of the Act, the prescribed requirements for eligibility for an exemption from a designated provision are the requirements specified in subregulations (2) and (3).
(2) An applicant for an exemption must provide evidence that the designated provision from which an exemption is sought imposes a regulatory burden that is excessively onerous or unreasonable in the circumstances having regard to—
(a) the purpose and objects of the Act; and
(b) the principles of bus safety.
(3) In addition, if the applicant is applying for an exemption from the requirement to be accredited, the applicant must provide evidence that—
(a) the granting of the exemption will not reduce the safe operation of the bus service in respect of which the exemption is sought; and
(b) having regard to the scale and nature of the bus operations for which the exemption is sought, the applicant has sufficient competence and capacity to manage risks to safety associated with operating the bus service if the exemption is granted; and
(c) the applicant has sufficient financial capacity, or public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the bus service in respect of which the exemption is sought.
28 Exemption subject to conditions
Reg. 28(1) amended by S.R. No. 17/2022 reg. 18(1).
(1) For the purposes of section 53(2)(a) of the Act, the prescribed conditions of an exemption from a designated provision are the conditions specified in subregulations (2) and (3).
(2) The operator of the bus service in respect of which the exemption is granted must—
Reg. 28(2)(a) amended by S.R. No. 96/2024 reg. 12(a).
(a) keep a copy of the notification of the exemption and produce the notification on the request of Safe Transport Victoria; and
Reg. 28(2)(b) amended by S.R. No. 96/2024 reg. 12(a).
(b) notify Safe Transport Victoria if—
(i) the nature of the activity for which an exemption has been granted changes; or
(ii) the details specified in the application for exemption change.
Reg. 28(3) amended by S.R. No. 17/2022 reg. 18(2)(a).
(3) In addition, if the exemption granted includes an exemption from the requirement to be accredited, the operator of the bus service in respect of which the exemption is granted must—
(a) ensure that—
(i) a person driving a bus for that bus service holds an appropriate driver licence; and
Reg. 28(3)(a)(ii) amended by S.R. No. 96/2024 reg. 12(b)(i).
(ii) a person driving a bus for that bus service, if it is a commercial bus service, a local bus service or a commercial mini-bus service, is the holder of a driver accreditation under Part 4A of the Bus Safety Act 2009 to drive that bus; and
Reg. 28(3)(a)(iii) amended by S.R. Nos 17/2022 reg. 18(2)(b), 96/2024 reg. 12(b)(ii).
(iii) each bus used to provide the bus service undergoes a safety inspection in accordance with section 19 of the Act and regulation 35 (unless Safe Transport Victoria provides otherwise in the granting of the exemption); and
(b) use buses that comply with vehicle standards applicable to buses under the Road Safety Act 1986; and
Reg. 28(3)(c) amended by S.R. No. 96/2024 reg. 12(b)(iii).
(c) notify Safe Transport Victoria if—
(i) the nature of the bus service changes; or
(ii) the operator of the bus service ceases to operate the bus service; and
(d) comply with Part 5 of the Act; and
(e) comply with Part 8 of these Regulations.
Note to reg. 28(3) substituted by S.R. No. 17/2022 reg. 18(3), amended by S.R. No. 96/2024 reg. 12(c).
Note
Unless section 67A of the Act applies, an exemption may only be given from section 22, 23 or 24 of the Act and regulations made for the purposes of those sections.
An exemption that is varied under Division 7 of Part 4 of the Act is subject to the applicable conditions or restrictions prescribed by this regulation—see section 55A of the Act.
Reg. 28(4) substituted by S.R. No. 17/2022 reg. 18(4).
(4) In this regulation—
notification, of an exemption, means a notification given to the applicant under section 53(3) of the Act together with—
(a) any notification of a variation to the exemption given under section 55(1)(a) of the Act; and
(b) any notification of a variation to the conditions or restrictions imposed on the exemption given under section 55C(3) of the Act.
Reg. 29 amended by S.R. No. 17/2022 reg. 19.
29 Application for variation of an exemption
For the purposes of section 54(3)(b) of the Act, the prescribed information to be contained in an application for a variation of an exemption from a designated provision is—
(a) the applicant's name and address for correspondence; and
(b) evidence that the application for variation has been endorsed by—
(i) the partners of the partnership; or
(ii) the members of the committee of management of the association or body; or
(iii) the directors of the company, co‑operative or incorporated association; or
(iv) the office bearers of the body corporate—
as the case may be; and
(c) details of the scope and nature of the proposed variation; and
(d) information required by regulation 27 (so far as it is applicable to the proposed variation).
Part 6—Record keeping for bus operators
30 Definition
(1) In this Part—
Reg. 30(1) def. of specified period amended by S.R. No. 96/2024 reg. 13(a).
specified period, in relation to a record, means—
(a) a period of 3 years from the date of creation of the record; or
(b) the period specified by Safe Transport Victoria in a notice given under subregulation (2).
Reg. 30(2) amended by S.R. No. 96/2024 reg. 13(b).
(2) For the purposes of subregulation (1)(b), Safe Transport Victoria may, by written notice given to a bus operator, specify a period of less than 3 years for the retention of a record or a class of record.
31 Retention of records—accredited bus operator
An accredited bus operator must retain the following records in a safe and secure location for the specified period—
Reg. 31(a) substituted by S.R. No. 17/2022 reg. 20(a).
(a) a record of the name, address and driver licence number of each person who drives a bus operated by the accredited bus operator;
Reg. 31(ab) inserted by S.R. No. 17/2022 reg. 20(b), amended by S.R. No. 96/2024 reg. 14.
(ab) if the accredited bus operator operates a commercial bus service, commercial minibus service or local bus service, a record of the driver accreditation issued under Part 4A of the Bus Safety Act 2009 held by each person who drives a bus for that bus operator for a commercial bus service, commercial minibus service or local bus service (as the case requires);
(b) a record of each bus in the fleet of the accredited operator, including—
(i) the vehicle registration number; and
(ii) the vehicle identification number; and
(iii) the maximum number of passengers that may be safely carried on the bus, in accordance with regulation 6;
(c) a record of the total number of buses in the fleet of the accredited operator;
Reg. 31(ca) inserted by S.R. No. 17/2022 reg. 20(c).
(ca) a record of the lease of any bus in the fleet of the accredited bus operator to another operator, or the lease by the accredited bus operator of any bus from another operator, including—
(i) the total number of buses leased to another operator; and
(ii) the total number of buses leased from another operator; and
(iii) the vehicle registration number of each leased bus; and
(iv) the vehicle identification number of each leased bus; and
(v) details regarding who is responsible for the service and maintenance of each leased bus and at what intervals;
(d) any document required to demonstrate compliance with the conditions of accreditation;
(e) any document produced as part of the management information system or maintenance management system;
Reg. 31(f) substituted by S.R. No. 17/2022 reg. 20(d).
(f) any document produced as part of an audit of the management information system or maintenance management system under regulation 23;
(g) evidence of inspections conducted in accordance with Part 7 in respect of each bus operated by the accredited bus operator;
(h) evidence of any action taken by the accredited bus operator to rectify a bus defect identified by a licensed bus tester during an inspection conducted in accordance with Part 7;
(i) any other record that the accredited bus operator is required to keep as a condition of accreditation.
Penalty: 10 penalty units.
Reg. 32 revoked by S.R. No. 17/2022 reg. 21.
33 Retention of records—language
A bus operator must ensure that the records kept for the purposes of this Part are kept in the English language.
Penalty: 10 penalty units.
34 Disclosure of records by accredited bus operators
Reg. 34(1) amended by S.R. No. 17/2022 reg. 22.
(1) An accredited bus operator must not directly or indirectly make a record of, disclose to any person, or make use of, any information acquired under regulation 31(a) or (ab) except—
(a) with the consent of the person to whom the information relates; or
(b) if otherwise lawfully authorised or required.
Penalty: 20 penalty units.
Reg. 34(2) amended by S.R. No. 96/2024 reg. 15.
(2) An accredited bus operator may provide information to Safe Transport Victoria without the consent of the person to whom the information relates to the extent that it is reasonably required by Safe Transport Victoria to perform functions or exercise powers under the Act or these Regulations.
Part 7—Bus safety inspections
35 Bus safety inspections—accredited bus operator
(1) For the purposes of section 19(1) of the Act, a bus safety inspection must be conducted by a licensed bus tester.
Reg. 35(2) amended by S.R. No. 96/2024 reg. 16.
(2) For the purposes of section 19(1)(b) of the Act, the prescribed intervals are the intervals notified to the accredited bus operator by Safe Transport Victoria in accordance with subregulation (3).
Reg. 35(3) amended by S.R. No. 96/2024 reg. 16.
(3) For the purposes of subregulation (2), if Safe Transport Victoria considers that it is reasonably necessary or desirable to ensure safety, Safe Transport Victoria may, by written notice given to an accredited bus operator—
(a) fix intervals at which the bus operator must ensure a licensed bus tester conducts bus safety inspections; and
(b) specify the period for which the notice applies; and
(c) specify the number of days from receipt of the notice, or from acquisition of a bus, in which the first bus safety inspection of a bus must take place.
(4) If an accredited bus operator is given a notice under subregulation (3)—
Reg. 35(4)(a) amended by S.R. No. 96/2024 reg. 16.
(a) the first inspection of a bus must take place within the time period specified by Safe Transport Victoria in accordance with subregulation (3)(c); and
(b) a subsequent inspection of a bus must be conducted not earlier than 7 days before, and not later than 7 days after, the date determined by reference to the fixed interval specified in the notice.
Note to reg. 35 amended by S.R. No. 17/2022 reg. 23.
Note
Section 19(1) of the Act requires an accredited bus operator to ensure that each bus used to provide a bus service undergoes a safety inspection annually or at prescribed intervals.
Reg. 36 substituted by S.R. No. 17/2022 reg. 24.
36 Bus safety inspections—specified exempt bus operators
(1) A specified exempt bus operator must ensure that each bus used to provide the bus service undergoes a safety inspection in accordance with section 19 of the Act as if that bus operator were an accredited bus operator.
Penalty: 20 penalty units.
(2) For the purposes of subregulation (1), section 19(1B) of the Act applies to a specified exempt bus operator that commences operating bus services on or after 1 March 2022 as if a reference to the accreditation of the bus operator were a reference to the specified exempt bus operator's commencement of operation.
Reg. 37 amended by S.R. Nos 17/2022 reg. 25, 96/2024 reg. 17.
37 Bus safety inspections—exemptions
If, in the opinion of Safe Transport Victoria, a bus has undergone a satisfactory safety inspection outside Victoria, Safe Transport Victoria may exempt an accredited bus operator or a specified exempt bus operator from an applicable requirement to ensure the bus undergoes a bus safety inspection under section 19 of the Act or regulation 36 (as the case requires).
38 Licensed bus tester requirements
(1) Subject to subregulation (2), when carrying out a bus safety inspection, a licensed bus tester must examine and test the bus to assess whether the bus complies with—
Reg. 38(1)(a) substituted by S.R. No. 119/2021
reg. 6.
(a) the standards specified in a written direction given by the Secretary under regulation 251(1)(a) of the Road Safety (Vehicles) Regulations 2021; and
(b) the bus standards and requirements applicable to the bus under these Regulations.
(2) For the purposes of a bus safety inspection, the standards and requirements specified in subregulation (1)(b) prevail over the standards specified in subregulation (1)(a), to the extent of any inconsistency between those standards and requirements.
39 Bus safety inspection reports
Reg. 39(1) amended by S.R. No. 96/2024 reg. 18.
(1) If requested by Safe Transport Victoria, a licensed bus tester must provide an inspection report to Safe Transport Victoria—
Reg. 39(1)(a) amended by S.R. No. 96/2024 reg. 18.
(a) containing the information specified by Safe Transport Victoria in accordance with subregulation (2); and
Reg. 39(1)(b) amended by S.R. No. 96/2024 reg. 18.
(b) in the form specified by Safe Transport Victoria in accordance with subregulation (3).
Reg. 39(2) amended by S.R. No. 96/2024 reg. 18.
(2) For the purposes of subregulation (1)(a), Safe Transport Victoria may, by written notice given to the licensed bus tester, specify the information to be included in the bus safety inspection report.
Reg. 39(3) amended by S.R. No. 96/2024 reg. 18.
(3) For the purposes of subregulation (1)(b), Safe Transport Victoria may, by written notice given to the licensed bus tester, specify the form of the bus safety inspection report.
40 Qualification or experience required to conduct vehicle safety inspections
Reg. 40(1) amended by S.R. No. 96/2024 reg. 19(a).
(1) A person must not conduct a vehicle safety inspection unless the person satisfies the requirements specified by Safe Transport Victoria in accordance with subregulation (2).
Reg. 40(2) amended by S.R. No. 96/2024 reg. 19(b).
(2) Safe Transport Victoria must, by notice published in the Government Gazette, specify the requirements that must be satisfied by a person to qualify as a person who may conduct a vehicle safety inspection.
Reg. 40(3) amended by S.R. No. 96/2024 reg. 19(c).
(3) For the purposes of subregulation (2), Safe Transport Victoria may specify any of the following—
(a) relevant qualifications;
(b) relevant experience.
Part 8—Reporting and investigation of bus incidents
Reg. 41 (Heading) amended by S.R. No. 96/2024 reg. 20.
41 Duty to notify Safe Transport Victoria of bus incidents
For the purposes of section 65 of the Act—
(a) the following incidents are prescribed—
(i) a category 1 incident;
(ii) a category 2 incident;
(iii) a category 3 incident; and
(b) the prescribed requirements for notification are the requirements specified in regulation 42, 43 or 44 (as the case requires).
42 Notification of category 1 incidents
Reg. 42(1) amended by S.R. No. 96/2024 reg. 21(a).
(1) Notification of a category 1 incident must be given to Safe Transport Victoria—
Reg. 42(1)(a) amended by S.R. No. 17/2022 reg. 26(1).
(a) orally, as soon as possible after the accredited bus operator becomes aware that a category 1 incident has occurred; and
(b) in writing—
(i) within 72 hours after the occurrence of the incident; and
Reg. 42(1)(b)(ii) amended by S.R. No. 96/2024 reg. 21(b).
(ii) in the form and including the details specified on Safe Transport Victoria's Internet site.
Reg. 42(2) amended by S.R. Nos 17/2022 reg. 26(2), 96/2024 reg. 21(c).
(2) Safe Transport Victoria may, by written notice given to the accredited bus operator, extend the time period during which the bus operator must provide notification of an incident under subregulation (1).
43 Notification of category 2 incidents
(1) Notification of a category 2 incident must be given in writing—
(a) within 72 hours after the occurrence of the incident; and
Reg. 43(1)(b) amended by S.R. No. 96/2024 reg. 22(a).
(b) in the form and including the details specified on Safe Transport Victoria's Internet site.
Reg. 43(2) amended by S.R. Nos 17/2022 reg. 27, 96/2024 reg. 22(b).
(2) Safe Transport Victoria may, by written notice given to the accredited bus operator, extend the time period during which the bus operator must provide notification of an incident under subregulation (1).
44 Notification of category 3 incidents
(1) Notification of category 3 incidents must be given in a written report—
(a) provided monthly, within 5 business days of the last day of each calendar month; and
Reg. 44(1)(b) amended by S.R. No. 96/2024 reg. 23(a).
(b) in the form and including the details specified on Safe Transport Victoria's Internet site.
Reg. 44(2) amended by S.R. Nos 17/2022 reg. 28, 96/2024 reg. 23(b).
(2) Safe Transport Victoria may, by written notice given to the accredited bus operator, extend the time period during which the bus operator must provide notification of an incident under subregulation (1).
45 Bus incident investigation
Reg. 45(1) amended by S.R. Nos 17/2022 reg. 29(1), 96/2024 reg. 24.
(1) An accredited bus operator must undertake an investigation into a bus incident, if directed by Safe Transport Victoria to do so in writing.
Penalty: 10 penalty units.
Reg. 45(2) amended by S.R. Nos 17/2022 reg. 29(2), 96/2024 reg. 24.
(2) For the purposes of subregulation (1), Safe Transport Victoria may, by written direction given to the accredited bus operator, direct a bus operator to undertake an investigation into a bus incident.
Reg. 45(3) amended by S.R. No. 96/2024 reg. 24.
(3) The operator must commence an investigation required under subregulation (1) within 7 days after receiving the direction from Safe Transport Victoria in accordance with subregulation (2).
Penalty: 10 penalty units.
46 Bus incident investigation report
Reg. 46(1) amended by S.R. No. 17/2022 reg. 30(1)(a).
(1) An accredited bus operator undertaking an investigation of a bus incident must produce, as soon as practicable after the bus incident, an investigation report containing—
(a) a description of the bus incident; and
(b) an analysis of the causes of the bus incident; and
Reg. 46(1)(c) amended by S.R. No. 17/2022 reg. 30(1)(b).
(c) recommended actions to prevent such a bus incident occurring again, including any recommended changes to the maintenance management system or the management information system.
Reg. 46(2) amended by S.R. Nos 17/2022 reg. 30(2), 96/2024 reg. 25(a).
(2) An accredited bus operator must provide Safe Transport Victoria with a copy of the investigation report no later than—
Reg. 46(2)(a) amended by S.R. No. 96/2024 reg. 25(a).
(a) the period specified by Safe Transport Victoria in giving a direction under regulation 45(2); or
(b) if no period is specified, 60 days after a direction is given under regulation 45(2).
Penalty: 5 penalty units.
Reg. 46(3) amended by S.R. Nos 17/2022 reg. 30(3), 96/2024 reg. 25(b).
(3) Safe Transport Victoria may, by written notice given to the accredited bus operator, require the bus operator to—
(a) conduct a more detailed investigation into a bus incident; or
(b) provide further information in an investigation report; or
(c) clarify certain matters contained within an investigation report.
Part 9—Fees
47 Fee to accompany application for accreditation
For the purposes of paragraph (b) of the definition of accreditation fee in section 3(1) of the Act, the prescribed fee for an application for accreditation under Part 4 of the Act is 40 fee units.
Reg. 48 amended by S.R. No. 17/2022 reg. 31.
48 Annual accreditation fee
For the purposes of paragraph (b) of the definition of accreditation fee in section 3(1) of the Act, the prescribed annual accreditation fee is the amount calculated in accordance with the following formula—
(5·5 fee units × (B – 1)) + 10 fee units—
where B is the number of buses proposed to be operated by the bus operator.
Reg. 49 amended by S.R. No. 96/2024 reg. 26.
49 Waiver of fees
Safe Transport Victoria may reduce or waive the accreditation application fee prescribed under regulation 47 or the annual accreditation fee prescribed under regulation 48 for a particular bus operator or class of bus operator if Safe Transport Victoria is satisfied that there are reasonable grounds to provide for the reduction or the waiver of the fee.
Part 10—Savings and transitional provisions
50 Compliance of application for accreditation with prescribed requirements
(1) This regulation applies if—
(a) a bus operator made an application before 9 October 2020 to the Safety Director under section 25 of the Act for accreditation; and
(b) on 9 October 2020, the Safety Director had not made a decision as to whether to accredit the operator.
(2) For the purposes of determining the application, compliance with regulation 14 of the former regulations is taken to be compliance with regulation 18 of these Regulations.
51 Preservation of records
Records kept by an accredited bus operator under regulation 16 of the former regulations and existing immediately before 9 October 2020 are to be taken on and from that date to be the records of the accredited bus operator for the purposes of regulation 31 of these Regulations.
Reg. 52 inserted by S.R. No. 17/2022 reg. 32.
52 Payment of annual accreditation fee by bus operator previously registered
(1) This regulation applies to a bus operator that—
(a) was registered to operate a bus service under section 22 of the Act as in force before 1 March 2022; and
(b) becomes an accredited bus operator on and from that date.
(2) For the purposes of regulation 25(1), the date on which the accreditation is taken to be granted to the bus operator is the first occurrence after 1 March 2022 of the anniversary of the date that the operator was registered to operate a bus service by the Safety Director under section 22(5) of the Act as in force before 1 March 2022.
(3) A bus operator to which this regulation applies is entitled to the following reductions in the annual accreditation fee under regulation 25(1)—
(a) 100 per cent, from 1 March 2022 to 28 February 2023;
(b) 75 per cent, from 1 March 2023 to 29 February 2024;
(c) 50 per cent, from 1 March 2024 to 28 February 2025;
(d) 25 per cent, from 1 March 2025 to 28 February 2026.
Reg. 53 inserted by S.R. No. 17/2022 reg. 32.
53 Compliance of bus operator previously registered with accredited bus operator number plate requirement and accreditation conditions
(1) This regulation applies to a bus operator that—
(a) was registered to operate a bus service under section 22 of the Act as in force before 1 March 2022; and
(b) becomes an accredited bus operator on and from that date.
(2) Despite regulation 12(1), a bus operator to which this regulation applies is not required to comply with the requirement to display accredited bus operator number plates until 1 March 2023.
(3) Despite regulations 21, 22 and 23, a bus operator to which this regulation applies is not subject to the conditions on accredition in regulation 21, 22 or 23 until 1 March 2023.
Reg. 54 inserted by S.R. No. 17/2022 reg. 32.
54 Meaning of first annual bus safety inspection for specified exempt bus operators previously registered
(1) This regulation applies to a bus operator that—
(a) was registered to operate a bus service under section 22 of the Act as in force before 1 March 2022; and
(b) becomes a specified exempt bus operator on and from that date.
(2) Despite section 19(1B) of the Act and for the purposes of section 19(1A) of the Act and regulation 36(1), for a bus operator to which this regulation applies, the first inspection of the bus is the first inspection that was or is conducted within the first year after—
(a) the date the bus operator was registered; or
(b) the acquisition of the bus, if the bus is acquired after the date the bus operator was registered.
Sch. 1 amended by S.R. No. 96/2024 reg. 27.
Schedule 1—Bus standards
Regulation 4
1 Stability
A single deck bus must be stable when positioned on a flat surface with a 28 degree transverse slope with 65 kilograms in each seating position.
2 Device to remove windscreen condensation
(1) A bus manufactured before 1 March 1968 which is not fitted with a device capable of removing condensed moisture from the inside of the windscreen must be fitted with a device or be equipped with an appliance or other means to enable the driver to remove condensation from the windscreen.
(2) A bus manufactured in the period commencing on 1 March 1968 and ending on 30 June 1988 must be equipped with a device capable of removing condensed moisture from, and preventing the formation of moisture on, the inside of the windscreen.
3 Exposed bars above or behind seat
A bus first licensed after 31 October 1980 must not have exposed bars protruding above or behind the seat back other than to provide corner handholds.
4 Equipment or device must enable view of passengers
A bus which is to be operated in a service must have a mirror or mirrors, closed circuit television or other device which provides the driver with a view of passengers in or on the bus.
5 Luggage rack must be safe
Any luggage rack provided in a bus must be constructed so as to minimise the possibility of injury to occupants of the bus by any projection or by movement of any luggage during braking or cornering manoeuvres and must be affixed so that the vertical distance between the rack and the seat surface measured at the centre of the seating position is not less than 950 millimetres.
6 Bulkhead behind driver's seat
If Safe Transport Victoria requires a bus 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 millimetres to 1·52 metres high and be constructed so as not to obstruct the seated driver's view of the bus interior.
Sch. 2 substituted by S.R. No. 17/2022 reg. 33.
Schedule 2—Application of Third Edition Australian Design Rules (ADR) to buses manufactured before 1 July 1988
Regulations 4, 7
ADR Number
Short details
Exclusions
42/00 Clause 42.8
Exhaust outlets
42/00 Clause 42.10.3
Seats to right of driver
58/00 Clause 58.4
Access/aisle
58/00 Clause 58.5
Access/doors
58/00 Clause 58.6
Inside height
58/00 Clause 58.7
Steps
58/00 Clause 58.8
Driver protection
58/00 Clause 58.12
Emergency exits
58/00 Clause 58.13
Passenger seats
58/00 Clause 58.14
Driver's seat
58/00 Clause 58.15
Doors
58/00 Clause 58.16
Stop signal
58/00 Clause 58.18
Step light
58/00 Clause 58.20
Double deckers
58/00 Clause 58.21
Tail shaft guards
58/00 Clause 58.22
Additional lamps
58/00 Clause 58.23
Fuel system
58/00 Clause 58.24
Fire extinguishers
Second fire extinguisher not required.
58/00 Clause 58.26
Seats ahead of driver
Sch. 3 amended by S.R. No. 96/2024 reg. 28.
Schedule 3—Matters and information to be contained in a management information system of an accredited bus operator
Regulation 21
1 Safety policy
A safety policy that—
(a) is set out in writing and endorsed and signed by the responsible person; and
(b) includes an express commitment to safety and to continuous improvement in all aspects of bus safety management.
2 Governance and internal control arrangements
Safety governance arrangements to ensure that the person or body controlling or managing the bus operator and the bus operations—
(a) actively manages the risks arising from the bus operations; and
(b) maintains sufficient knowledge of the level of compliance of the organisation with its duties and obligations under the Act and these Regulations.
3 Accountabilities and authorities
Systems, processes and documentation to ensure that persons who perform bus safety work for the bus operator, or are involved in any activities associated with the management information system, have clearly defined and documented accountabilities and authorities and are informed of those accountabilities and authorities.
4 Information management
4.1 A system to produce, maintain and control all documents, records and data relevant to the safe management of bus operations, including the records required to be retained in accordance with these Regulations.
4.2 Systems and procedures to ensure the ongoing currency and accuracy of information managed by the bus operator.
5 Communication of safety information and issues
5.1 Processes to ensure safety information is communicated to bus safety workers who are employed or engaged by the bus operator and that the communication to the workers is documented.
5.2 Processes and procedures to ensure that bus safety workers who are employed or engaged by the bus operator advise the bus operator of safety risks and issues.
6 Hazard, risk and change management
6.1 Documented processes and procedures to identify and manage safety hazards and risks, including processes to ensure the following matters are considered when determining what is reasonably practicable in relation to ensuring the safety of the bus operations—
(a) the likelihood of the hazard or risk concerned eventuating;
(b) the degree of harm that would result if the hazard or risk eventuated;
(c) what the bus operator knows, or ought reasonably to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk;
(d) the availability and suitability of ways to eliminate or reduce the hazard or risk;
(e) the cost of eliminating or reducing the hazard or risk.
6.2 Documented processes and procedures for ensuring changes which may affect the safety of bus operations are identified and managed.
7 Emergency management plan
An emergency management plan for bus drivers that undertake work for the bus operator, including relevant procedures to follow in an emergency and contact numbers.
8 Competence management
Programs for the management of competence to ensure that each bus safety worker and each person who has a role under the management information system is competent and appropriately trained to carry out the bus safety work or role they are employed or engaged by the bus operator to carry out.
9 Incident reporting and investigation
A documented process to ensure Safe Transport Victoria is notified of prescribed incidents as required by these Regulations.
10 Management information system audit arrangements and processes
Documented audit arrangements and processes to ensure that an audit of the management information system is conducted at least annually in order to—
(a) identify any deficiencies in the system; and
(b) rectify those deficiencies.
Schedule 4—Matters and information to be contained in a maintenance management system of an accredited bus operator
Regulation 22
1 Accountabilities and authorities
Systems, processes, and documentation to ensure that persons who are involved in any activities associated with the maintenance management system, have clearly defined and documented accountabilities and authorities and are informed of those accountabilities and authorities.
2 Competence management
Programs and processes for the management of competence to ensure that each person who has a role under the maintenance management system is competent and appropriately trained to carry out the role under that system that they are employed or engaged by the bus operator to carry out.
3 Maintenance activities
Details of the maintenance activities which must be completed for the buses operated by the accredited bus operator as specified by—
(a) the vehicle manufacturer; and
(b) other relevant sources deemed appropriate by the operator.
4 Pre-trip bus inspections
4.1 Systems and processes for the completion of bus inspections before the first trip, during which passengers may be carried, on each day the bus is used to provide a bus service.
4.2 Records of each bus inspection conducted before the first trip, during which passengers may be carried, on each day the bus is used to provide a bus service, including details regarding the following—
(a) which bus was inspected;
(b) when the inspection was completed;
(c) who conducted the inspection;
(d) what was examined and tested during the inspection;
(e) the outcome of the inspection including any defects identified.
5 Vehicle safety inspections
5.1 Systems and processes to ensure that each bus used by the accredited bus operator to provide a bus service undergoes vehicle safety inspections conducted by a qualified person, including details regarding the following—
(a) what must be examined and tested during inspections;
(b) how often inspections are to be completed;
(c) how the interval between inspections is determined.
5.2 Records of each vehicle safety inspection conducted, including details regarding the following—
(a) which bus was inspected;
(b) when the inspection was completed;
(c) who conducted the inspection;
(d) what was examined and tested during the inspection;
(e) the outcome of the inspection including any defects identified.
6 Bus safety inspections
Systems and processes to ensure bus safety inspections are completed as required by the Act and these Regulations.
7 Defect identification, reporting and clearance
Systems, processes and procedures to ensure that defects in buses are identified, recorded, reported and rectified.
8 Maintenance management system audit arrangements and processes
Documented audit arrangements and processes to ensure that an audit of the maintenance management system is conducted at least annually in order to—
(a) identify any deficiencies in the system; and
(b) rectify those deficiencies.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Bus Safety Regulations 2020, S.R. No. 102/2020 were made on 29 September 2020 by the Governor in Council under sections 72 to 77 of the Bus Safety Act 2009, No. 13/2009 and came into operation as follows:
Regulations 1–9, 12–31, 33–43, 45–51 on 9 October 2020: regulation 3(1); regulation 44 on 1 January 2021: regulation 3(2); regulations 10, 11, 32 on 5 April 2021: regulation 3(3).
The Bus Safety Regulations 2020 will sunset 10 years after the day of making on 29 September 2030 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Bus Safety Regulations 2020 by statutory rules, subordinate instruments and Acts.
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 4 (definition of ***bus standard***), regulation 7 and Schedule 2 | Vehicle Standard (Australian Design Rule 42/00 — General Safety Requirements) 2006, dated 23 September 2006, published by the Commonwealth Department of Transport and Regional Services, as amended from time to time | Clauses 42.8, 42.10.3 |
| Regulation 4 (definition of ***bus standard***), regulation 7 and Schedule 2 | Vehicle Standard (Australian Design Rule 58/00 — Requirements for Omnibuses Designed for Hire and Reward) 2006 dated 26 April 2006, published by the Commonwealth Department of Transport and Regional Services, compilation number 2, compilation date 10 April 2014, compiled by Vehicle Safety Standards, Department of Infrastructure and Regional Development, as amended from time to time | Clauses 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 |
| Regulation 9 | Vehicle Standard (Australian Design Rule 58/00 — Requirements for Omnibuses Designed for Hire and Reward) 2006 dated 26 April 2006, published by the Commonwealth Department of Transport and Regional Services, compilation number 2, compilation date 10 April 2014, compiled by | Clause 58.24 |
| | | |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| | Vehicle Safety Standards, Department of Infrastructure and Regional Development, as amended from time to time | |