s 31

Conditions on accreditation

In force

(1)

An accreditation granted to the operator of a bus service under this Part is subject to—

(a)

the conditions specified in subsection (2);

(b)

any prescribed conditions;

S. 31(1)(c) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(a)).

(c)

any other conditions imposed by Safe Transport Victoria.

(2)

An accreditation granted under this Part is subject to the following conditions—

(a)

an accredited bus operator must use buses that—

(i)

comply with the vehicle standards applicable to buses under the Road Safety Act 1986; and

(ii)

comply with prescribed requirements;

(b)

an accredited bus operator must—

(i)

keep the certificate of accreditation given to the operator under section 30; and

S. 31(2)(b)(ii) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(a)).

(ii)

produce that certificate if Safe Transport Victoria requests that the certificate be produced; and

S. 31(2)(b)(iii) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(a)).

(iii)

if the operator ceases to operate the bus service, return the certificate of accreditation to Safe Transport Victoria;

S. 31(2)(c) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(a)).

(c)

an accredited bus operator must notify Safe Transport Victoria if—

(i)

the nature of the bus service changes; and

(ii)

the details specified in the application for accreditation change; and

(iii)

the operator of the bus service ceases to operate the bus service;

S. 31(2)(d) amended by No. 34/2023 s. 5.

(d)

a person must not be permitted to drive a bus for a commercial bus service or local bus service unless that person holds a driver accreditation under Part 4A;

S. 31(2)(e) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(a)).

(e)

any conditions imposed by Safe Transport Victoria under section 36 regarding permission to use drivers who hold a probationary driver licence to drive a bus for an accredited bus service.

S. 31(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.15).

(3)

Safe Transport Victoria may, if Safe Transport Victoria considers it necessary or desirable to ensure safety, impose conditions on accreditation that are—

S. 31(3)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(a)).

(a)

general conditions declared by Safe Transport Victoria; or

(b)

applicable to the operation of certain classes of bus services; or

(c)

imposed on a case by case basis.

S. 31(4) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(a)).

(4)

If Safe Transport Victoria intends to impose general conditions of accreditation under subsection (3)(a) or (3)(b), Safe Transport Victoria must—

(a)

advise operators and sectors of the industry that will be affected by the conditions, if declared, of the proposed conditions; and

(b)

provide those operators and sectors with an opportunity to make a submission in relation to the proposed conditions.

S. 31(5) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(b)).

(5)

Safe Transport Victoria must have regard to any submissions received under subsection (4) before declaring the general conditions.

S. 31(6) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(b)).

(6)

Safe Transport Victoria must publish any general conditions declared under subsection (3)(a) or (3)(b) in the Government Gazette.

S. 31(7) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(a)).

(7)

If Safe Transport Victoria imposes conditions on the accreditation under subsection (3)(c), Safe Transport Victoria must give the accredited bus operator written notice of that decision.

(8)

A notice under subsection (7) must inform the accredited bus operator that they have a right to seek review of the decision under Part 6.

S. 32 substituted by No. 30/2021 s. 5.

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