Traffic (Miscellaneous) Amendment (Public Vehicles Reform) Regulations 2000

Traffic (Miscellaneous) Amendment (Public Vehicles Reform) Regulations 2000

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Traffic Act 1925 .

13 June 2000

G. S. M. GREEN

Governor

By His Excellency's Command,

P. A. LENNON

Minister for Infrastructure, Energy and Resources

1.   Short title

These regulations may be cited as the Traffic (Miscellaneous) Amendment (Public Vehicles Reform) Regulations 2000 .

2.   Commencement

These regulations take effect immediately after the Passenger Transport Act 1997 commences.

3.   Principal Regulations

In these regulations, the Traffic (Miscellaneous) Regulations 1968 are referred to as the Principal Regulations.

4.   Regulation 2 amended (Interpretation)

Regulation 2 of the Principal Regulations is amended as follows:

(a) by inserting in subregulation (1) the following definition after the definition of "high-beam":

hire and drive vehicle means a vehicle that is registered as a hire and drive vehicle under section 14A of the Act;

(b) by inserting in subregulation (1) the following definition after the definition of "invalid wheelchair":

large passenger vehicle has the same meaning as in the Passenger Transport Act 1997 ;

(c) by inserting in subregulation (1) the following definition after the definition of "low-beam":

luxury hire car means the vehicle to which a luxury hire car licence under the Taxi and Luxury Hire Car Industries Act 1995 applies;

(d) by omitting from subregulation (1) the definition of "passenger vehicle certificate" and substituting the following definition:

passenger vehicle certificate means a certificate issued under Division 5 of Part IV;

(e) by omitting "Taxi Industry Act 1995" from the definition of "perpetual taxi licence" in subregulation (1) and substituting " Taxi and Luxury Hire Car Industries Act 1995 ";

(f) by inserting in subregulation (1) the following definitions after the definition of "pole-type trailer":

public passenger service has the same meaning as in the Passenger Transport Act 1997 ;

public passenger vehicle has the same meaning as in the Passenger Transport Act 1997 ;

(g) by inserting in subregulation (1) the following definition after the definition of "responsible operator":

routine vehicle inspection means a vehicle inspection that is carried out pursuant to regulation 94B(2)(a);

(h) by inserting in subregulation (1) the following definitions after the definition of "seasonal registration":

severe disability means a permanent disability which, in the Registrar's opinion, prevents a person from using public transport without assistance;

small passenger vehicle has the same meaning as in the Passenger Transport Act 1997 ;

(i) by omitting "Taxi Industry Act 1995" from the definition of "temporary taxi licence" in subregulation (1) and substituting " Taxi and Luxury Hire Car Industries Act 1995 ";

(j) by omitting from subregulation (1) the definition of "town";

(k) by omitting subregulation (4).

5.   Regulation 10 amended (Registrar not to register certain motor vehicles and trailers)

Regulation 10 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (2B) and substituting the following subregulation:

(2B)  The Registrar may refuse to renew the registration of a vehicle if –

(a) an order under regulation 94(1) is in force is respect of the vehicle; or

(b) the owner of the vehicle has failed to comply with a requirement under regulation 94B to present the vehicle for inspection.

(b) by omitting subregulation (4A) and substituting the following subregulation:

(4A)  Where a motor vehicle or trailer is inspected pursuant to subregulation (4) or regulation 94B, the Registrar may refuse to register or renew the registration of that motor vehicle or trailer if the fee for the inspection has not been paid.

6.   Regulation 28 amended (Affixing of number-plates)

Regulation 28(3) of the Principal Regulations is amended by omitting ", other than a number-plate issued to him under the provisions of the Traffic (Public Vehicles) Regulations 1967".

7.   Part IV, Division 5: Heading amended

The heading to Division 5 of Part IV of the Principal Regulations is amended by omitting "Licences to drive passenger vehicles and passenger" and substituting "Passenger".

8.   Regulation 43 amended (Interpretation of Division)

Regulation 43 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1);

(b) by omitting from subregulation (2) "of a licence" and substituting "of a passenger vehicle certificate";

(c) by omitting from subregulation (2) "if the licence" and substituting "if the certificate".

9.   Regulation 44 amended (Persons without certificate, &c., not to drive public passenger vehicles)

Regulation 44 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "licensed passenger vehicle, or use such a vehicle, as a licensed passenger vehicle," and substituting "public passenger vehicle for the purpose of providing a public passenger service";

(b) by omitting from subregulation (1)(b) "licence" and substituting "passenger vehicle certificate";

(c) by omitting from subregulation (2) "licensed" (twice occurring) and substituting "public";

(d) by omitting from subregulation (3) "of a licence" and substituting "of a passenger vehicle certificate";

(e) by omitting from subregulation (3) "or use a licensed" and substituting "a public";

(f) by omitting from subregulation (3) "licence." and substituting "certificate.".

10.   Regulation 45 amended (Issue of certificates)

Regulation 45 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "licence" and substituting "passenger vehicle certificate";

(b) by omitting from subregulation (2) "licence" (first occurring) and substituting "passenger vehicle certificate";

(c) by omitting from subregulation (2)(a)(i) "licence" and substituting "certificate";

(d) by omitting from subregulation (2)(a)(iii) "licence" and substituting "certificate";

(e) by omitting from subregulation (2)(aa)(i) "class of" and substituting "class or type of public";

(f) by omitting from subregulation (2)(aa)(ii) "licence" and substituting "certificate";

(g) by omitting from subregulation (2)(b)(i) "licence" (second occurring) and substituting "certificate";

(h) by omitting from subregulation (2)(b)(i) "licensed" and substituting "public";

(i) by omitting from subregulation (2)(ba)(i) "licence" (second occurring) and substituting "certificate";

(j) by omitting from subregulation (2)(ba)(i) "licensed" and substituting "public";

(k) by omitting subregulation (2A) and substituting the following subregulation:

(2A)  Unless renewed, a passenger vehicle certificate expires –

(a) 3 years after the date of issue; or

(b) on such earlier date as may be specified in the certificate, being a date not earlier than 3 months after the date of issue.

(l) by omitting from subregulation (3) "licence" and substituting "passenger vehicle certificate";

(m) by omitting from subregulation (4) "issue a licence" and substituting "issue a passenger vehicle certificate";

(n) by omitting from subregulation (4)(c) "licence" and substituting "certificate";

(o) by omitting from subregulation (5) "licence" and substituting "passenger vehicle certificate";

(p) by omitting from subregulation (5) "or use a licensed passenger vehicle in pursuance of that licence" and substituting "a public passenger vehicle in pursuance of that certificate";

(q) by omitting subregulation (6).

11.   Regulation 46 substituted

Regulation 46 of the Principal Regulations is rescinded and the following regulation is substituted:

46.   Passenger vehicle certificates

(1)  On approving an application under this Division, the Registrar must issue the applicant with a passenger vehicle certificate specifying the circumstances, conditions and restrictions, if any, determined under regulation 45(5).

(2)  The holder of a passenger vehicle certificate must –

(a) carry that certificate whenever he or she is driving or using a public passenger vehicle; and

(b) produce that certificate to any police officer or authorised officer who asks to see it.

Penalty:  Fine not exceeding 5 penalty units.

(3)  The holder of a passenger vehicle certificate that has been cancelled must return the certificate to the Registrar within 21 days after being given notice of the cancellation or such longer period of time as the Registrar, by the notice, may allow.

Penalty:  Fine not exceeding 5 penalty units.

12.   Regulation 47 rescinded

Regulation 47 of the Principal Regulations is rescinded.

13.   Regulation 48 substituted

Regulation 48 of the Principal Regulations is rescinded and the following regulation is substituted:

48.   Offences in relation to certificates

(1)  A person must not cause or permit another person to drive a public passenger vehicle for the purpose of providing a public passenger service unless that other person is authorised to drive that vehicle by –

(a) a driver's licence; and

(b) a passenger vehicle certificate.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person who holds a passenger vehicle certificate must not –

(a) lend that certificate to another person; or

(b) part with possession of that certificate except in accordance with these regulations.

Penalty:  Fine not exceeding 5 penalty units.

14.   Regulation 49 amended (Cancellation of certificates)

Regulation 49 of the Principal Regulations is amended as follows:

(a) by omitting "licence issued" and substituting "passenger vehicle certificate issued";

(b) by omitting from paragraph (a) "licence" and substituting "certificate";

(c) by omitting from paragraph (b) "licence" and substituting "certificate".

15.   Regulation 50 amended (Fees payable in respect of licences and certificates)

Regulation 50 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1)(a) "severe disabilities" (twice occurring) and substituting "a severe disability";

(b) by omitting subregulation (5) and substituting the following subregulation:

(5)  The fee for the issue or renewal of a passenger vehicle certificate is 12 fee units.

16.   Part VIII: Division 9 inserted

After regulation 75F of the Principal Regulations, the following Division is inserted in Part VIII:

Division 9 - Buses

75G.   Additional requirements for buses

A person must not hire out or use a bus for the purpose of carrying passengers, or cause or allow a bus to be hired out or used for that purpose, if the bus does not comply with Schedule 11.

Penalty:  Fine not exceeding 5 penalty units.

75H.   School bus warning lights and signs

(1)  Except as provided by subregulation (2), a person must not hire out or use a bus for the purpose of carrying schoolchildren, or cause or allow a bus to be hired out or used for that purpose, if the bus is not fitted with –

(a) warning signs that comply with the provisions of Part 1 of Schedule 12; and

(b) warning lights that comply with the provisions of Part 2 of Schedule 12.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A bus is not required to be fitted with the warning signs and lights referred to in subregulation (1) if the bus is –

(a) operating wholly within an urban area specified in Schedule 13; or

(b) carrying schoolchildren on a school charter or school excursion; or

(c) operating a passenger service that does not ordinarily involve transporting children to or from a school.

(3)  A person who hires out or uses a bus for the purpose of carrying schoolchildren must not, by any act or omission, prevent the warning lights on the bus from operating in accordance with the provisions of Part 2 of Schedule 12.

Penalty:  Fine not exceeding 5 penalty units.

17.   Regulation 90 substituted

Regulation 90 of the Principal Regulations is rescinded and the following regulation is substituted:

90.   Leading horses from horse-drawn vehicles

(1)  A person who is driving a horse-drawn vehicle on a public street must not lead a horse unless the horse being led is fitted with a halter that –

(a) is securely fastened to the back of the vehicle; and

(b) prevents that horse from moving the foremost part its head more than 1.2 metres away from the vehicle.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person must not cause or permit another person to lead a horse on a public street contrary to subregulation (1).

Penalty:  Fine not exceeding 5 penalty units.

18.   Regulation 94 amended (Discontinuance and defect orders)

Regulation 94(2B) of the Principal Regulations is amended by omitting paragraph (c) and substituting the following paragraph:

(c) may, if the vehicle is registered as a public passenger vehicle or hire and drive vehicle, specify that the vehicle cannot be let for hire or reward while the order is in force.

19.   Regulations 94B, 94C, 94D and 94E inserted

After regulation 94A of the Principal Regulations, the following regulations are inserted in Part XI:

94B.   General vehicle inspection power

(1)  The Registrar, by notice in writing, may require the registered owner of a vehicle to present the vehicle for inspection by an authorised officer, a police officer or a person approved by the Registrar.

(2)  The inspection may be required –

(a) as part of a routine vehicle inspection program in accordance with Schedule 14; or

(b) at any time –

(i) if the Registrar considers on reasonable grounds that there is a need to make one or more of the determinations referred to in subregulation 94C(2) or (3); or

(ii) for other reasonable cause.

(3)  The notice requiring the inspection is to –

(a) specify a date on or by which, or a period within which, the vehicle is to be presented for the inspection; and

(b) contain such other directions, including directions regarding the place of inspection and the inspection procedure, as the Registrar considers appropriate; and

(c) state the reasons for requiring the inspection.

(4)  The time allowed for presenting the vehicle for the inspection, and the place of inspection, must be reasonable in the circumstances.

(5)  The Registrar's power under subregulation (1) is exercisable in respect of any registered vehicle.

(6)  A vehicle that is subject to a routine vehicle inspection program is not exempt from the Registrar's power under subregulation (2)(b) ,

(7)  A person must not fail to comply with a notice under subregulation (1) .

Penalty:  Fine not exceeding 5 penalty units.

94C.   Reasons for requiring vehicle inspection

(1)  A vehicle inspection may be required for –

(a) safety and compliance reasons; or

(b) ancillary reasons; or

(c) a combination of safety and compliance reasons and ancillary reasons.

(2)  Safety and compliance reasons include the following:

(a) to determine whether a vehicle is roadworthy;

(b) to determine whether a vehicle, and any associated equipment, complies with a provision of the Act, the Passenger Transport Act 1997 , the Taxi and Luxury Hire Car Industries Act 1995 or the Dangerous Goods Act 1998 ;

(c) to determine whether the requirements of a contract with the Commission for the provision of a regular passenger transport service under the Passenger Transport Act 1997 are being met with regard to vehicle standards.

(3)  Ancillary reasons include the following:

(a) to determine or verify the status of a vehicle for the purposes of a provision of the Act, the Passenger Transport Act 1997 or the Taxi and Luxury Hire Car Industries Act 1995 ;

(b) to determine whether the Commission or Registrar should exercise a statutory power or discretion in respect of a vehicle;

(c) to determine whether a person should be accredited as a member of an alternative compliance scheme under Part VII of the Act, or to determine other matters in connection with such schemes.

94D.   Routine vehicle inspection labels

(1)  This regulation applies to a routine vehicle inspection that is required, wholly or partly, for safety and compliance reasons.

(2)  In any proceedings, the reasons given under regulation 94B(3)(c) are evidence of the reasons for requiring an inspection.

(3)  As soon as practicable after a vehicle passes a routine vehicle inspection to which this regulation applies, the Registrar or, if the Registrar directs, the person who carried out the inspection, must issue the registered owner of the inspected vehicle with –

(a) an inspection label to signify that the inspection has been carried out and that the vehicle has passed the inspection; and

(b) written instructions for affixing that label to the vehicle.

(4)  The inspection label and instructions are to be in a form approved by the Registrar, and the label is to be endorsed with at least the following information:

(a) the identity of the inspector;

(b) the registration number of the vehicle;

(c) the date of inspection;

(d) if applicable, the date on or by which the next routine vehicle inspection of the vehicle is due to be carried out.

(5)  A person who is issued with an inspection label for a vehicle under subregulation (3) must –

(a) affix that inspection label to the vehicle in accordance with the instructions issued with the label; and

(b) unless the Registrar authorises its earlier removal, keep that label affixed to the vehicle until the next routine vehicle inspection of the vehicle is carried out.

Penalty:  Fine not exceeding 5 penalty units.

(6)  The registered owner of a vehicle that is presented for a routine vehicle inspection to which this regulation applies must not, unless otherwise authorised by the Registrar –

(a) use that vehicle on a public street after the completion of the inspection; or

(b) cause or permit that vehicle to be used on a public street after the completion of the inspection –

if an inspection label has not been issued under subregulation (3) for that inspection.

Penalty:  Fine not exceeding 5 penalty units.

94E.   Inspection fees

(1)  A person who carries out a routine vehicle inspection may charge the registered owner of the inspected vehicle a fee not exceeding –

(a) 35 fee units in the case of a large passenger vehicle which is a public passenger vehicle or hire and drive vehicle; or

(b) 25 fee units in the case of a small passenger vehicle which is a public passenger vehicle; or

(c) 25 fee units in the case of a small passenger vehicle which is a hire and drive vehicle.

(2)  A person who carries out a vehicle inspection pursuant to regulation 94B(2)(b) may charge the registered owner of the inspected vehicle a fee not exceeding –

(a) 20 fee units in the case of a trailer with a GTM or GVM not exceeding 4.5 tonnes; or

(b) 25 fee units in the case of a motor cycle; or

(c) 50 fee units in the case of a bus; or

(d) 35 fee units in the case of any other motor vehicle or trailer.

20.   Regulation 105 amended (Issue of duplicate certificates, &c.)

Regulation 105(1) of the Principal Regulations is amended by omitting paragraphs (a) and (b) and substituting the following paragraphs:

(a) on payment of a fee of 15 fee units, or 11 fee units in the case of a pensioner, issue a duplicate licence; or

(b) on payment of a fee of 10 fee units, issue a duplicate label or further certificate.

21.   Regulation 108 amended (Service of notices)

Regulation 108(1) is amended as follows:

(a) by omitting "on a licensee or";

(b) by omitting from paragraph (b) "licensee,".

22.   Schedule 9 amended (Vehicle registration fees)

Part 1 of Schedule 9 to the Principal Regulations is amended by omitting item 1 and substituting the following item:

1.	For the registration or renewal of registration of a motor vehicle (other than a motor cycle) with a GVM not exceeding 4.5 tonnes –
	(a) by a pensioner, a person who has a severe disability, or the parent or guardian of a person who has a severe disability and has not attained the age of 16 years	32
	(b) by any other person	57

23.   Schedules 11, 12, 13 and 14 inserted

After Schedule 10 to the Principal Regulations, the following Schedules are inserted:

SCHEDULE 11 - Construction and equipment of buses

Regulation 75G

1.   Interpretation

In this Schedule –

bus means a motor vehicle that –

(a) is designed and constructed to carry people; and

(b) has a seating capacity of more than 9 adults, including the driver;

large bus means a bus with a seating capacity exceeding 25 adults, including the driver;

school bus means a bus that is being used exclusively for the carriage of schoolchildren, with or without a supervising adult;

small bus means a bus with a seating capacity not exceeding 25 adults, including the driver.

2.   Seating

(1) Passenger seats –

(a) each seat is to be securely fastened to, or form part of, the body of the vehicle and be so constructed that reasonable comfort and adequate support is provided for passengers; and

(b) a floor space of at least 200 mm is to be provided at the front of each seat measured from the vertical plane at the front extremity of the cushion; and

(c) in the case of front-facing seats, the horizontal distance between the inside back of each seat and the back of the seat immediately in front is to be at least –

(i) 600 mm in the case of a school bus; or

(ii) 660mm in the case of any other bus; and

(d) the distance between the front of the seat backs of facing seats is to be at least 1200 mm; and

(e) the distance from the floor to the top of each cushion is not to exceed 500 mm and is to be at least –

(i) 380 mm in the case of a school bus; or

(ii) in the case of any other bus –

(A) 300 mm if the floor level is interrupted by a wheel housing, engine housing or similar protuberance; or

(B) 400 mm in the case of a large bus, and 380 mm in the case of a small bus, if the floor level is not interrupted by any protuberance; and

(f) the distance from the top of the cushion to the top of the back of each seat is to be at least 380 mm; and

(g) the distance from the top of the cushion to the bottom of the back of the seat is not to exceed 75 mm; and

(h) the space for each passenger, measured along the front of the seat, is to be at least  –

(i) 275mm in the case of a school bus; and

(ii) 400mm in the case of any other bus; and

(i) the distance from the front to the back of each seat cushion is to be at least 350 mm.

(2) The driver's seat is to be securely attached to the vehicle and is to be designed and placed in such a way that the driver can be comfortable and have control of the vehicle.

3.   Interior height

The distance from the floor to the centre-line of the roof is to be at least –

(a) 1200 mm in the case of a small bus with an aisle length not exceeding 2 m; or

(b) 1350 mm in the case of any other small bus; or

(c) 1650 mm in the case of –

(i) each deck of a double-deck bus; or

(ii) a large bus that is not involved in frequent stops for the purpose of taking up or setting down passengers; or

(d) 1800 mm in the case of a large bus that is involved in frequent stops for the purpose of taking up or setting down passengers.

4.   Aisles

Unless otherwise approved by the Commission, the width of each aisle is to be at least –

(a) 300 mm in the case of –

(i) a small bus; or

(ii) a large bus that is used only to carry seated passengers; or

(b) 380 mm in the case of any other large bus.

5.   Entrances and exits

(1) Ordinary entrances –

(a) there is to be only one ordinary entrance on the near side of the vehicle, unless otherwise approved by the Commission, and there is to be no entrance or exit on the offside, other than an emergency exit, as provided in subclause (2) , or the driver's door; and

(b) an entrance is to be at least 550 mm in width and at least the same height as the interior height of the vehicle.

(2) Emergency exits –

(a) there is to be an emergency exit accessible to passengers in the extreme rear of the vehicle; and

(b) if, in the opinion of the Commission, it is not reasonable to provide an emergency exit as prescribed in paragraph (a) , an emergency exit is to be provided in the rear half of the roof of the passenger compartment; and

(c) an emergency exit prescribed under paragraph (a) or (b) is to have an area of at least –

(i) 5200 cm² in the case of a small bus; or

(ii) 7000 cm² in the case of a large bus; and

(d) no dimension of an emergency exit prescribed under paragraph (a) or (b) is to be less than 500 mm; and

(e) if an emergency exit is provided in the roof of the vehicle as prescribed by paragraph (b) , an additional exit having an area of at least 3200 cm² and no dimension less than 500 mm is to be provided on the right-hand side of the vehicle in the rear half of the passenger compartment; and

(f) a suitable means of opening an emergency exit is to be immediately available to that exit at all times; and

(g) except in the case of an emergency exit known as a "pushout" type, there is to be a suitable opening and closing device on both the inside and outside of every emergency exit; and

(h) every emergency exit is to be kept clear of obstruction and clearly indicated by the words "EMERGENCY EXIT" displayed both inside and outside the vehicle; and

(i) a bus is not required to be fitted with an emergency exit if the bus –

(i) is designed and constructed to seat no more than 12 adults, including the driver; and

(ii) is fitted with one or more doors on each side; and

(iii) has an overall width not exceeding 2 m; and

(j) in the case of a small bus with a seating capacity not exceeding 15 adults, including the driver, a hinged and latched door is to be considered an emergency exit provided the door is capable of being opened outwards from the inside.

(3) Steps –

(a) safe and convenient steps are to be firmly and appropriately affixed at each entrance of the vehicle; and

(b) the steps referred to in paragraph (a) are to comply with the following requirements:

(i) the height of the tread of the lowest step from the ground is not to exceed 410 mm or be less than 250 mm;

(ii) the height of any step in relation to an adjacent step is not to exceed 300 mm;

(iii) the transverse depth of the tread of each step in the case of a small bus is to be at least 180 mm;

(iv) the transverse depth of the tread of each step in the case of a large bus is to be at least 225 mm;

(v) the width of the tread of the lowest step is to be not less than the width of the entrance;

(vi) the width of each step, other than the lowest step, is to be at least 450 mm;

(vii) each step is to be fitted with skid-resistant tread;

(viii) step treads and risers are to be directly illuminated, except in the case of an external access step to a single row of seats for a small bus having a seating capacity of up to 15 adults including the driver.

(4) Doors –

(a) no door is to be fitted which opens inwards, other than a door commonly known as a "jack-knife" door or a "glide-away" door which is so constructed that no part extends beyond the back of the lowest step; and

(b) no interior door is to be provided which separates normal passenger space from access doors or emergency exits.

6.   General construction

(1) The floor is to be of sound construction, sealed to prevent fumes from the engine entering the interior of the vehicle, and have a non-slip surface.

(2) The framework of the roof and body is to be constructed of –

(a) steel; or

(b) wood suitably strengthened with steel at all joints; or

(c) other material approved by the Commission.

(3) The panelling of the body is to be –

(a) metal; or

(b) fibreglass; or

(c) other material approved by the Commission.

(4) The panelling of the roof is to be waterproofed and constructed of –

(a) metal; or

(b) fibreglass; or

(c) other material approved by the Commission.

7.   Interior

(1) Furniture appointments –

(a) the interior of the body is to be suitably lined; and

(b) the interior of the vehicle is to be equipped with lamps which will give light for the convenience of the passengers.

(2) Guard rails –

(a) in the case of a large bus, when the driver is not otherwise separated from the passengers, a suitable guard rail or other structure is to be affixed in such manner as to prevent any passenger –

(i) from coming into contact with the driver or the controls; or

(ii) from obstructing the driver's view; and

(b) a suitable rail or partition is to be affixed in front of any seat that is located on the left-hand side of the vehicle immediately behind a step, so as to prevent persons from falling into a step well.

8.   Windows

(1) Each window is to be –

(a) sound and properly fitted; and

(b) made of material so treated or manufactured that if fractured it will not fly into fragments capable of causing severe cuts; and

(c) if movable, fitted with a suitable device for opening and closing.

(2) Part of the glass in at least half the number of window frames in the vehicle is to be capable of being opened.

(3) Subclause (2) does not apply to a bus that is adequately ventilated by means of a fan-forced "jet air" or fan-forced airconditioning system.

9.   Miscellaneous

(1) Ventilation is to be provided in the vehicle in addition to that furnished by windows.

(2) The fuel tank and the fuel tank filler are not to be in the interior of the vehicle, the engine compartment or any separate compartment for the driver.

(3) The fuel tank filler pipe is to be –

(a) so arranged that no overflow or leakage of fuel can accumulate in or on the vehicle; and

(b) except in the case of a small bus with a seating capacity not exceeding 15 adults, including the driver – not located within 900 mm of an entrance or exit.

(4) Petrol or other volatile spirit is to be carried only in the operating tanks provided for the purpose.

(5) The exhaust pipe is to be affixed so that the outlet discharges to the rear of the body, or to the side of the body immediately in front of the rear wheels, and is to be deflected downwards.

(6) Electrical system –

(a) wires carrying electrical current are to be –

(i) installed so that any current first passes through a fuse box or circuit-breaker; and

(ii) correctly insulated; and

(iii) protected against risk of damage; and

(iv) placed so as not to create danger to persons carried in the vehicle; and

(b) if the battery of the electrical system is within the vehicle, it is to be so protected that fumes or acid do not come into contact with goods or persons being carried.

(7) Adequate precautions are to be taken by sealing or shielding to prevent heat from the motor, generator or exhaust pipe connections injuriously affecting the vehicle or any part of the vehicle, or the comfort of the persons carried therein.

(8) All parts connected by nuts and bolts or studs, which are subject to vibration, are to be fastened by –

(a) locknuts; or

(b) castellated nuts effectively pinned with a split pin; or

(c) nuts with spring or locknut washers approved by the Commission.

(9) The vehicle is to have affixed –

(a) in the interior, a mirror that is capable of reflecting to the driver, while in the normal driving position, a view of the whole of the interior of the vehicle; and

(b) a mirror, on either side, to afford to the driver a clear view to the rear of, and on each side of, the vehicle.

(10) If the vehicle transmission incorporates any longitudinal drive shafts, couplings or intermediate shafts, provision shall be made to prevent the front end of any such shaft or coupling from contacting the road in the event of detachment of the front end from its normal position.

(11) There is to be provided on every bus in such a position as to be readily available for use a fire extinguisher which is selected and located in accordance with Australian Standard AS 2444-1985 Portable Fire Extinguishers - Selection and Location.

(12) Any bus (except one having all-wheel drive or an articulated bus) equipped to seat more than 15 persons including the driver is, if it has a single rear axle, to be fitted with dual tyres on both wheels of the axle.

SCHEDULE 12 - Requirements for warning signs and lights

Regulation 75H

PART 1 - Warning signs

1.   Warning signs

A warning sign –

(a) is to be rectangular and at least 550 mm wide and 400 mm high, if warning lights are mounted on the sign; and

(b) is to have black lettering or graphics on a yellow retro-reflective {Class 1 or Class 2} background which meets Australian Standard AS 1906-1990 "Retro-reflective Materials and Devices for Road Traffic Control"; and

(c) if mounted on the front of a school coach is to –

(i) display the words "SCHOOL BUS" in capital letters at least 100 mm high; or

(ii) depict a silhouette of 2 children in the same proportions as those in Australian Standard AS 1743-1989 "Road signs - Specifications", Image W6-3, on a rectangular sign at least 300 mm wide and 200 mm high, and having a black border with the height of the silhouette of the taller child being at least 180 mm; and

(d) if mounted on the rear of a school coach, is to depict a silhouette of 2 children in the same proportions as those in Australian Standard AS 1743-1989 "Road signs - Specifications", Image W6-3, on a rectangular sign at least 400 mm wide and 250 mm high, and having a black border with the height of the silhouette of the taller child being at least 230 mm.

PART 2 - Warning lights

1.   Warning lights

(1) Warning lights –

(a) are to be yellow; and

(b) are to be mounted as high on a bus as is practicable; and

(i) if mounted on the rear of a bus with a GVM exceeding 5.0 tonnes, the highest point on the lens is to be at least 1.5 m above the ground; and

(ii) if mounted on the front of a bus with a GVM exceeding 5.0 tonnes, the lowest point on the lens is to be at least 1.0 m above the ground; and

(c) are to be mounted –

(i) symmetrically on each side of the vertical centre-line of a warning sign; and

(ii) so that the distance between the closest points on the lens of a light and the edge of the sign is not more than 100 mm; and

(iii) so that the distance between the closest points on the lenses of a pair of lights is at least 300 mm; and

(iv) at the same height when mounted on the same end of a bus; and

(d) when activated, are to flash on and off regularly at a rate of at least 90 flashes a minute and not more than 180 flashes a minute; and

(e) are not to be lit when the other warning light on the same end of the coach is lit; and

(f) are to be controlled by a switching device that –

(i) automatically operates the lights continuously while a door on the bus is open; and

(ii) stops the lights operating between 15 and 20 seconds after all the doors on the bus are closed; and

(iii) allows the driver to turn the lights off.

(2) The operation of warning lights is to be indicated to the driver by an audible or visible signal.

(3) If the bus is standing on a level surface, the lights are to be clearly visible to the front and rear from 10 degrees above to 10 degrees below the centre of each light and from 30 degrees to the left and from 30 degrees to the right of the centre of each light.

(4) A warning light is to –

(a) have an effective lit lens area of at least 60 square centimetres; and

(b) show yellow light clearly visible at any time at least 200 m from the end of the bus on which the light is fitted; and

(c) have a luminous intensity of at least the units of candela shown in the following table, when tested in accordance with the procedure for fog lights in Australian Design Rule {ADR} 50.

	INTENSITY (Candela)
	Horizontal angle in degrees
Vertical angle in degrees	-30	-20	-10	-5	0	5	10	20	30
10				50	80	50
5		180	320	350	450	350	320	180
-0	75	450	1000	1250	1500	1250	1000	450	75
-5	40	270	450	570	600	570	450	270	40
-10				75	75	75

SCHEDULE 13 - Urban areas

Regulation 75H

HOBART URBAN AREA
The Hobart urban area is that area contained within the imaginary boundary defined by an imaginary line joining the geographical locations on the public streets listed below.
Public street	Geographical location
Midland Highway	Intersection with Ford Road
Broadmarsh Road	Intersection with Midland Highway
Boyer Road	Intersection with Midland Highway
Lyell Highway	Intersection with Midland Highway
Berriedale Road	Intersection with Allunga Road
Huon Road	Intersection with Summerleas Road
Southern Outlet	Intersection with Summerleas Road
Channel Highway	Intersection with Howden Road
South Arm Road	Intersection with Acton Road
Tasman Highway	Intersection with Belbins Road
Grass Tree Hill Road	Intersection with Sugarloaf Road
Baskerville Road	Intersection with East Derwent Highway
Old Beach Road	Intersection with Plymouth Road
Cove Hill Road	Intersection with Cove Bridge (Jordan River)
Tea Tree Road	Intersection with Briggs Road
DEVONPORT URBAN AREA
The Devonport urban area is that area contained within the imaginary boundary defined by an imaginary line joining the geographical locations on the public streets listed below.
Public street	Geographical location
Bass Highway	Intersection with Waverley Road
Forth Road	Intersection with Bass Highway
Tugrah Road	Intersection with Powells Creek
Sheffield Road	Intersection with Clayton Drive
Mersey Main Road	Intersection with Cornicks Road
River Road	Intersection with Oakwood Drive
Bass Highway	Intersection with Port Sorell Main Road
Brooke Street	Intersection with Pardoe Road
LAUNCESTON URBAN AREA
The Launceston urban area is that area contained within the imaginary boundary defined by an imaginary line joining the geographical locations on the public streets listed below.
Public street	Geographical location
East Tamar Highway	Intersection with George Town Road
West Tamar Highway	Intersection with Cormiston Road
Cormiston Road	Intersection with West Tamar Highway
Ecclestone Road	Intersection with Rowsphorn Road
New Ecclestone Road	Intersection with Ecclestone Road
Reatta Road	Intersection with Lake Trevallyn Road
Bass Highway	Intersection with Westbury Road
Midland Highway	Intersection with Evandale Road
Relbia Road	Intersection with Glenwood Road
St Leonards Road	Intersection with Kings Lane
Tasman Highway	Intersection with Abels Hill Road
Lilydale Road	Intersection with Russells Plains Road
BURNIE URBAN AREA
The Burnie urban area is that area contained within the imaginary boundary defined by an imaginary line joining the geographical locations on the public streets listed below.
Public street	Geographical location
Bass Highway	Intersection with Besser Crescent
West Mooreville Road	Intersection with East Cam Road
Mooreville Road	Intersection with Three Mile Line Road
Mount Road	Intersection with Old Surrey Road
Stowport Road	Intersection with Bass Highway
Bass Highway	Intersection with Clarke Street

SCHEDULE 14 - Routine vehicle inspection program

Regulation 94B

1.   Under a routine vehicle inspection program adopted pursuant to regulation 94B(2)(a), a vehicle of a class specified in column 1 of the following table is to be inspected according to the frequency specified in column 2 for that class:

ROUTINE VEHICLE INSPECTION TABLE
Column 1	Column 2
Class of vehicle	Frequency of inspection
1. A public passenger vehicle that is a bus	Once in each 6 month period
2. A public passenger vehicle that is a taxi
3. A public passenger vehicle that is a luxury hire car
4. A hire and drive vehicle that has at least 13 seats, including the driver's seat
5. A public passenger vehicle that is not included in items 1, 2 or 3	Once in each 12 month period
6. A hire and drive vehicle that is more than 3 years old and has no more than 12 seats, including the driver's seat

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 21 June 2000

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations effect a range of amendments to update the Traffic (Miscellaneous) Regulations 1968 consequent on the enactment of the Passenger Transport Act 1997 and related legislation and, in particular, to make provision for –

(a) the issue of special certificates to drivers of public passenger vehicles and related matters; and

(b) a general vehicle inspection power and related matters; and

(c) the preservation of certain controls relating to public passenger vehicles, such as bus construction and equipment, that were formerly contained in regulations under repealed Part III of the Traffic Act 1925 .