221UDefinitions

221U Definitions S. 221U def. of *authorised person* amended by Nos 43/2011 s. 61, 61/2011 s. 25(Sch. 2 item 5.2(a)), 37/2014 s. 10(Sch. item 171.17), 3/2017 s. 50(Sch. 1 item 10.9(a)). ***authorised person*** means— (a) a person employed by a passenger transport company or a bus company who has duties in relation to the operation of a road vehicle or a rail vehicle operated by the passenger transport company or bus company; or (b) a police officer; or (ba) a protective services officer on duty at a designated place; or (c) an authorised officer; or (d) a transport safety officer; or (e) any other person appointed in writing by a passenger transport company, a rail freight operator, Rail Track, the Head, Transport for Victoria or the Secretary for the purposes of this Division; ***bicycle*** means a vehicle with one or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor), and— (a) includes a pedicab, penny-farthing, scooter, tricycle and unicycle; (b) does not include a wheelchair, wheeled recreational device, wheeled toy, or any vehicle with an auxiliary motor capable of generating a power output over 200 watts (whether or not the motor is operating); S. 221U def. of *commercial passenger vehicle* repealed by No. 63/2017 s. 21(Sch. 1 item 10.24(a)). S. 221U def. of *container weight declaration* substituted by No. 7/2019 s. 50(1). ***container weight declaration*** has the same meaning as in the Heavy Vehicle National Law (Victoria); S. 221U def. of *freight container* substituted by No. 7/2019 s. 50(2). ***freight container*** has the same meaning as in the Heavy Vehicle National Law (Victoria); S. 221U def. of *level crossing* amended by Nos 75/2010 s. 24(1), 7/2019 s. 38. ***level crossing*** means— (a) an area where a road and railway tracks cross at substantially the same level, whether or not there is a level crossing sign on the road at all or any of the entrances to the area; or (b) an area where a road and tramway tracks cross at substantially the same level and that has a level crossing sign on the road at each entrance to the area; Rule 120 of the Road Rules, within the meaning of section 3(1) of the **Road Safety Act 1986**, includes diagrams of level crossing signs. ***operator***, in relation to a vehicle, means a person who is responsible for controlling or directing the operations of the vehicle in connection with a business for, or involving, the transport of goods or passengers by road but does not include a person who merely— (a) arranges for the registration of the vehicle; or (b) maintains, or arranges for the maintenance of, the vehicle; S. 221U def. of *private omnibus* amended by No. 13/2009 s. 92(8) (as amended by No. 6/2010 s. 203(1)(Sch. 6 item 4.5)). ***private omnibus*** means a motor vehicle that is used for operating a community and private bus service within the meaning of the **Bus Safety Act 2009**; S. 221U def. of *rail premises* amended by Nos 61/2011 s. 25(Sch. 2 item 5.2(b)), 3/2017 s. 50(Sch. 1 item 10.9(b)), 49/2019 s. 186(Sch. 4 item 45.37(a)). ***rail premises*** means any land, building, premises or structure owned, occupied or leased by— (a) a passenger transport company or the Secretary on behalf of the Crown or the Head, Transport for Victoria in connection with their capacity as providers of passenger services; or (b) a rail freight operator in connection with its capacity as a provider of a rail freight service; or (c) Rail Track; S. 221U def. of *railway track* amended by Nos 61/2011 s. 25(Sch. 2 item 5.2(b)), 3/2017 s. 50(Sch. 1 item 10.9(b)), 49/2019 s. 186(Sch. 4 item 45.37(b)). ***railway track*** means a railway used by a passenger transport company, rail freight operator or the Secretary on behalf of the Crown or the Head, Transport for Victoria to operate a railway for the carriage of passengers or freight; ***rail vehicle*** means a vehicle that operates on or uses a railway track for the carriage of passengers or freight and includes a train, carriage and wagon; S. 221U def. of *road vehicle* amended by No. 63/2017 s. 21(Sch. 1 item 10.24(b)). ***road vehicle*** means any vehicle propelled by any form of motive power that is used or intended for use by a passenger transport company, bus company or rail freight operator for the carriage of passengers or freight on any road and includes— (a) a tram that operates on or uses a tramway track; (c) a private omnibus; S. 221U def. of *taxi-cab* repealed by No. 63/2017 s. 21(Sch. 1 item 10.24(a)). S. 221U def. of *tramway track* amended by Nos 61/2011 s. 25(Sch. 2 item 5.2(b)), 3/2017 s. 50(Sch. 1 item 10.9(b)), 49/2019 s. 186(Sch. 4 item 45.37(c)). ***tramway track*** means a railway used by a passenger transport company or the Secretary on behalf of the Crown or the Head, Transport for Victoria to operate a tramway for the carriage of passengers; ***vehicle*** means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes— (a) a motor vehicle; (b) a trailer; (c) a tram; (d) a train; (e) a bicycle; (f) an air-cushion vehicle; (g) an animal that is being ridden or is drawing a vehicle; (h) a combination of motor vehicles consisting of a motor vehicle connected to one or more vehicles— but does not include— (i) a wheelchair other than a motorised wheelchair capable of a speed of 10 kilometres per hour or more; or (j) a wheeled recreational device; or (k) a wheeled toy; ***wheeled recreational device*** means a wheeled device, built to transport a person, propelled by human power or gravity, and ordinarily used for recreation or play, and— (a) includes rollerblades, rollerskates, a skateboard or similar wheeled device; (b) does not include a golf buggy, pram, stroller or trolley, or a bicycle, wheelchair or wheeled toy; ***wheeled toy*** means a child's pedal car, scooter or tricycle or a similar toy. S. 221V inserted by No. 9/2006 s. 122.