Legislation and regulation changes
Details of updates to Acts of Parliament and regulations in relation to transport are provided on this page.
Information on this page
Key transport changes in new legislation
Landmark legislation recently passed by Parliament is an important step towards the Government's vision for an integrated and sustainable transport system.
The
Transport Legislation Miscellaneous Amendments Act:
- increases recognition of public transport in the Road Management Act
- empowers the Minister to declare priority roads for specific transport modes
- improves safety management when works occur at level crossings and other road-rail interfaces
- ensures that statewide safety guidelines will be followed when designing and siting bus stops, and
- extends the range of sanctions for safety breaches in the commercial boating and shipping sector.
Power to declare priority roads
Public transport has been given new status and higher priority in managing Victoria's roads under amendments to the Road Management Act.
Around 80 per cent of kilometres travelled by public transport passengers in Victoria are on roads – i.e. by bus or tram – so management of the road network to better balance the needs of private vehicles and public transport operations is a key to relieving traffic congestion.
The Act introduces a new power for a road or part of a road to be declared as a tram road, a bus road, a bicycle road, a freight road or a pedestrian road.
Once a priority road has been declared by the Minister for Roads and Ports, decisions about management of the road must give prime consideration to the needs of that particular transport mode.
The Act also promotes integrated road management by giving public transport interests a greater say in road management decisions generally.
Improving safety for works at level crossings
The legislation tightens and extends the provisions of the Road Management Act covering the safety measures that must be taken when road or rail works occur at level crossings or other road-rail interfaces.
Victoria's rail network has more than 1800 at-grade level crossings on public roads and about 1300 on private roads.
Under the amendments, the coverage of safety duties is expanded to ensure that all parties are required to pay their part.
In particular, safety duties currently applying to road authorities are replicated for rail operators working near road infrastructure.
Additional guidance is provided as to what it means to be required to ensure safety "so far as is reasonably practical".
Improving safety at bus stops
The legislation amends the Road Management Act to give the Department of Transport a greater say in relation to bus stops.
Research shows that the most hazardous part of bus travel is the risk involved in crossing roads before boarding or after alighting, especially for children.
As bus routes cross multiple municipalities and classifications of road, the new provisions give the Secretary of the Department power to install, remove or relocate bus stop infrastructure. Responsibility for bus stops is currently shared with local Councils and VicRoads.
The Department is also empowered to develop a uniform set of guidelines for bus stops in consultation with other stakeholders.
Powers to enforce marine safety
The legislation introduces the most significant changes to marine safety laws for some years.
The changes primarily target the commercial boating and shipping sectors. Tragic incidents such as the fatal refuelling explosion on the Yarra River last year highlight the need for stringent and immediately enforceable sanctions for breaches of marine safety, especially in light of Melbourne's growing status as a waterfront city.
The Marine Act is amended to provide new sanctions to the Director of Marine Safety, substantially increasing the enforcement options available to deal with differing circumstances.
In particular, a Marine Safety Victoria inspector will be able to issue improvement or prohibition notices. An improvement notice requires a safety breach to be remedied within a specified period and a prohibition notice requires an unsafe activity to be stopped.
A wider range of penalties is made available for failure to comply.
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Transport Legislation Review
The State Government is reviewing all existing legislation in Victoria relating to transport to determine whether it provides the optimum framework to meet the State's current and emerging transport challenges.
See the
Transport Legislation Review page for more details.
The Bus Safety Act described below is another major step in the largest program of transport policy and legislative reform in a generation.
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New Bus Safety Act
The Bus Safety Act 2009 will strengthen regulation to better deal with rapid expansion of bus services and unprecedented growth in bus patronage.
The Bus Safety Act will:
- establish a modern "best practice" regulatory framework that will assist in maintaining and improving the Victorian bus industry's good safety record.
- impose "safety duties" on bus operators and all others who have a role in providing both commercial and non-commercial bus services
- significantly extend the range of enforcement powers and sanctions available to the safety regulator, and
- encourage greater safety awareness across all types of bus operations.
A modern 'best practice' regulatory framework will assist the bus industry, which has a good safety record in Victoria, to adapt to the changing safety requirements of busier and more complex bus services.
The new laws will come into force on 31 December 2010. In the meantime, the Department and/or
Public Transport Safety Victoria will develop:
- regulations
- codes of practice
- a compliance and enforcement policy, and
- a comprehensive information campaign to make all sectors aware of their new responsibilities.
Whole bus fleet to be regulated for first time
The Bus Safety Act strikes a balance between the different circumstances of the commercial and community buses.
More than 40 per cent of the wider bus fleet is currently unregulated, including more than 5,500 minibuses (10 to 12 seats).
Every person in what is called a "chain of responsibility" for operating buses of all sizes and for all purposes, in both the commercial and non-commercial sectors, will be subject to safety duties.
The secondary requirement of accreditation will apply only to commercial buses with 13 or more seats. Larger buses operating commercial services have a higher risk profile and it is important to maintain public confidence in those services.
Minibuses used for either commercial or non-commercial purposes, along with most larger buses used for non-commercial purposes, will not be subject to accreditation, but will have to be registered.
The new regime is designed to promote a safety culture across all types of bus operations without impacting unduly on not-for-profit services run by local government, schools, health and disability services or other community organisations.
The Bus Safety Act in detail:
- Provides that an operator or procurer of a bus service "must, so far as is reasonably practicable, ensure the safety of the bus service".
- Provides that a bus safety worker "must take reasonable measures to ensure the safety of persons who may be affected by the acts or omissions of the bus safety worker".
- Provides that a person who determines the location of a bus stop, or designs, constructs, installs, modifies or maintains a bus stop, "must ensure, so far as is reasonably practicable, that the location, design, construction or condition of the bus stop is safe".
- Broadens the definition of a bus to include minibuses (buses with 10 to 12 seats including the driver). This aligns the definition with the Australian Design Rules (ADR) and a majority of Australian jurisdictions.
- Allows for large taxi-cabs and vehicles that do not meet other aspects of the ADR definition (such as stretch limousines) to be opted out of the bus safety regime.
- Re-defines courtesy buses operated by hotels or in association with other paid services as commercial.
- Excludes Hummers from the definition of a bus (they will continue to be regulated as hire cars).
- Provides an extensive hierarchy of enforcement powers and sanctions to the safety regulator (the Director, Public Transport Safety). This allows far greater flexibility for the regulator to deal with safety breaches in a proportionate way. The hierarchy ranges from warnings and safety directions to improvement and prohibition notices and then to fines and suspension or cancellation of accreditation.
Transport Legislation fact sheets
Amendments to the Road Management Act:
Bus Safety Act 2009: