90Response to certain safety reports

90 Response to certain safety reports

S. 90(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.26(a)).

(1) This section applies if Safe Transport Victoria is of the opinion that, as a result of a safety report, action is necessary for the purpose of—

S. 90(1)(a) repealed by No. 41/2019 s. 67(1).

(b) the safe operation of a bus service.

S. 90(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.26(b)).

(2) Safe Transport Victoria, by written notice, may direct—

S. 90(2)(a) repealed by No. 41/2019 s. 67(1).

(b) an operator of a bus service to install, on a bus or buses the operator operates, safety or protective systems, devices, equipment or appliances specified in the notice.

(3) A direction under subsection (2) must—

(a) specify the time within which the safety or protective systems, devices, equipment or appliances specified in the notice must be installed;

S. 90(3)(b) repealed by No. 41/2019 s. 67(1).

(c) include information about the right of review under Part 5.

S. 90(4) amended by No. 41/2019 s. 67(2).

(4) An operator of a bus service must not, without reasonable excuse, fail to comply with a direction under this section.

Penalty: In the case of a natural person, $150 000;

In the case of a body corporate, $1 500 000.

S. 90(5) def. of safety report amended by No. 41/2019 s. 67(3).

safety report means—

(a) a report relating to bus safety (including any recommendations) in response to or relating to an inquest held by the Coroners Court under the Coroners Act 2008; or

(b) a report of an investigation held under the Transport Safety Investigation Act 2003 of the Commonwealth; or

(c) any other report of an investigation into a matter relating to bus safety.

Ss 91, 92 repealed by No. 41/2019 s. 68.

Part 4—Infringement notices

Division 1—Transport safety infringement notices

93 Transport safety infringements

(1) A transport safety officer who has reason to believe that a person has committed a transport safety infringement may serve a transport safety infringement notice on that person.

(2) A police officer who has reason to believe that a person has committed a transport safety infringement in relation to a marine or port infringement law may serve a transport safety infringement notice on that person.

(3) An offence referred to in subsection (1) or (2) for which a transport safety infringement notice may be served is an infringement offence within the meaning of the .