87Contravention of transport safety undertaking

87 Contravention of transport safety undertaking

S. 87(1) amended by Nos 41/2019 s. 63(a), 34/2023 s. 127(Sch. 1 item 18.23(a)).

(1) This section applies if Safe Transport Victoria considers that an accredited bus operator has contravened an undertaking accepted by Safe Transport Victoria from that operator.

S. 87(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.23(b)).

(2) Safe Transport Victoria may apply to the Magistrates' Court for enforcement of the undertaking.

S. 87(3) amended by No. 41/2019 s. 63(a).

(3) If the Magistrates' Court is satisfied that the accredited bus operator has contravened the undertaking, the Court, in addition to the imposition of any penalty, may make any of the following orders—

(a) an order that the operator must comply with the undertaking or take specified action to comply with the undertaking;

(b) an order discharging the undertaking;

S. 87(3)(c) amended by No. 34/2023 s. 127(Sch. 1 item 18.23(a)).

(c) an order directing the person to pay to Safe Transport Victoria—

(i) the costs of the proceeding; and

S. 87(3)(c)(ii) amended by No. 34/2023 s. 127(Sch. 1 item 18.23(a)).

(ii) the reasonable costs of Safe Transport Victoria in monitoring compliance with the transport safety undertaking in the future;

(d) any other order that it considers appropriate in the circumstances.

S. 87(4) amended by No. 41/2019 s. 63(a).

(4) An accredited bus operator must not fail to comply with an order under this section.

S. 87(5) amended by No. 41/2019 s. 63(b).

(5) Nothing in this section prevents a proceeding being commenced for the contravention or alleged contravention of a transport safety law to which the transport safety undertaking relates.