Victorian Consolidated Regulations

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BUS SAFETY REGULATIONS 2020 - REG 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.



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