REVIEWING AND MONITORING RISKS Page 12 WINTER 2014, … · newsletter by email, please contact us...

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WINTER 2014, ISSUE 28 RED TAPE REDUCTION PAGE 7 REVIEWING AND MONITORING RISKS PAGE 12 OFFENCES AGAINST BUS SAFETY LAWS PAGE 15

Transcript of REVIEWING AND MONITORING RISKS Page 12 WINTER 2014, … · newsletter by email, please contact us...

Page 1: REVIEWING AND MONITORING RISKS Page 12 WINTER 2014, … · newsletter by email, please contact us via information@transportsafety.vic.gov.au ... (Vic) (BSA) prior to 31 December 2015.

WINTER 2014, IssuE 28

RED TAPE REDUCTION Page 7

REVIEWING AND MONITORING RISKS Page 12

OFFENCES AGAINST BUS SAFETY LAWS Page 15

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WE valuE youR fEEdback We endeavour to provide you with the most recent and topical industry news and explain how we are exercising our regulatory responsibilities.

If you have any feedback on this publication or have an article idea for future editions, please send an email to [email protected] or phone us on 1800 223 022.

fuTuRE EdITIoNs of bsNWe hope you enjoy this edition of BSN.

If you wish to receive a copy of the newsletter by email, please contact us via [email protected] with your preferred email address. If you do not have access to email or internet but would like to receive BSN, please contact us.

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IN THIs WINTER EdITIoN

coNTacTINg usPlease note that our former telephone number 9655 8922 is no longer operational. It has been replaced by 1800 223 022.

From the Director 4

carrying capacity signage 5

BraVo ZULU 6

ForUm UpDate 6

reD tape reDUction 7

BUyer Beware – seLLer Be heLpFUL 8

Letting Us know when yoUr circUmstances change 8

sUmmary oF compLiance actiVities 9

risk management anD registereD operators 10

BUs prosecUtion gathers pace 10

steering a worthy caUse 11

DiD yoU know? 11

reViewing anD monitoring risks 12

FinaLising site Visits/gap aUDits 13

accreDiteD BUs operators – haVe yoU paiD yoUr annUaL Fees? 13

accreDitation anD trUsts 14

weLcome onBoarD! 14

oFFences against BUs saFety Laws 15

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fRom THE dIREcToR

Welcome to the 2014 winter edition of bus safety News (bsN).

With the days now getting shorter, colder and wetter, it is timely for all bus operators to review their risk management processes to take into account changed safety risk factors facing them during this time of year. Operators who provide bus services in, to and from the Victorian Alps and snow resorts need to be particularly mindful of the added safety challenges of operating in cold and icy conditions. A participant at the January bus safety forum related his experience, when holidaying overseas, of a bus brake system freezing while parked overnight in alpine conditions.

According to the Bureau of Meteorology, it is possible for similar conditions, and therefore a similar incident, to occur in Victoria. Bus operators servicing alpine areas need to manage such risks by, for example, adding to the pre-trip inspection checklist actions to ensure the handbrake has not frozen overnight.

Transport Safety Victoria (TSV) regularly receives complaints from bus passengers (and others) concerning the safety of bus services. In most cases, TSV is able to verify the safety of a bus service by reviewing the operator’s safety risk management processes documented in the operator’s management information system. However, when the operator maintains poor or inadequate records, the investigation must seek further evidence. The outcome for the bus operator is added time and effort to satisfactorily address the complaint which could have been avoided by maintaining adequate risk management processes and records.

On 19 May 2014 a new law – the Transport (Safety Schemes Compliance and Enforcement) Act 2014 (Vic) (TSSCEA) - came into force. The purpose of this law is to ensure Victoria’s local bus, marine and rail safety sectors enjoy the same levels of compliance and enforcement support as provided by recent national transport safety regulatory schemes. The new law also helps avoid anomalies between state and national regulation.

Of relevance to the safety of bus services in Victoria, the TSSCEA has added two new transport safety officer (TSO) powers. These powers are:

1. Improvement notices can now be issued when a TSO reasonably believes that a person is providing bus services that threaten safety or other services that compromise bus safety.

2. When a TSO is interviewing a person for compliance and investigative purposes, that person must answer a question or provide information or documentation even if it might incriminate the person or expose the person to a penalty.

In relation to point 2, a TSO is required to warn the person being interviewed of the requirement to answer questions, or to provide documents requested, even if such answers to the questions or documents produced would incriminate the interviewee. The TSO must also advise the person being interviewed that any information or document obtained under this process is not admissible as evidence against that person in a criminal proceeding or a proceeding for the imposition of a civil penalty. Therefore, a person must answer a TSO’s questions if given formally under warning, but any information provided in this context cannot be used as evidence against the person, except:

• if the person lies to the TSO there are severe consequences

• if the person fails to answer the questions or provide the information or document, that person risks a penalty of $5,000 for a natural person or $25,000 for a body corporate, and

• any information or document that is required to be kept under a transport safety law is admissible in evidence against the person in a criminal proceeding, even if that information or document is provided during an interview under warning.

Also on 19 May 2014, the new Transport (Safety Schemes Compliance and Enforcement (Infringement) Regulations 2014 came into force. As these infringements are a new regulatory tool in the bus safety regime, TSV has decided to allow a grace period until the end of 2014 before employing these new infringement powers. A list of the new infringements is provided on page 15.

Once again, I would like to remind bus operators with deemed accreditation that when their accreditation ceases they will no longer have legal permission to operate a bus service. This applies to over two thirds of the bus operators providing commercial bus services in Victoria. If you value your bus service then you must become accredited under the Bus Safety Act 2009 (Vic) (BSA) prior to 31 December 2015.

Processing an accreditation application can take up to three months and more than two thirds of applications received by TSV over the last three and a half years have been incomplete. Considerable time was lost while TSV’s accreditation and registration team chased up documents from applicants. The longer deemed accredited bus operators wait to submit their application, the higher the risk that it will not be approved prior to their deemed accreditation ceasing.

My message to all bus operators holding deemed accreditation is – it is your bus service and it is your legal responsibility to obtain the legal permission to operate that bus service. For operators with school, route or demand responsive bus service contracts with Public Transport Victoria, their contract is conditional on them remaining accredited. No accreditation means no contract!

I hope you enjoy this edition of BSN.

STEPHEN TURNER Director, Bus Safety

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caRRyINg capacITy sIgNagE

bus opERaToRs HavE uNTIl 31 dEcEmbER 2014 To dIsplay THE caRRyINg capacITy IN THE auTHoRIsEd maNNER.

All buses with seating positions for 13 or more adults, including the driver, must display the maximum number of passengers that may be safely carried as:

• determined by the manufacturer and specified on a compliance plate affixed to the bus, or

• specified in a certificate issued by a licensed bus tester.

The following text “MAXIMUM SAFE CARRYING CAPACITY XX PASSENGERS” must be clearly displayed on or in the bus using letters that are at least 25 millimetres high and of proportionate width.

A minimum of two notices must be displayed on the bus and one must be inside the bus in a location that is clearly visible from the driver’s seating position. The other must be in a conspicuous position on the outside of the rear of the bus.

Bus operators accredited in another state or territory, who are accredited to operate buses in Victoria, are not required to display notices as stipulated above if:

• the buses operated in Victoria are registered in the other state or territory, and

• the regulator of that state or territory requires the bus operator to display notices, in a different format, that specify the maximum number of passengers that may be carried.

Visit the TSV website (www.transportsafety.vic.gov.au) to download the Maximum number of passengers fact sheet.

9Maximum number of passengersA bus with seating positions for 13 or more adults, including the driver, must display the maximum number of passengers that may be safely carried on that bus. Bus operators must determine and maintain a record of this number.

The maximum number of passengers must be clearly displayed on an authorised notice on or in the bus.Bus operators have until 31 December 2014 to display the authorised notices on all buses.

Carrying capacityThe carrying capacity of a bus is:> determined by the manufacturer and specified on a compliance plate affixed to the bus, or> specified in a certificate issued by a licensed bus tester.

Location of noticesA minimum of two notices must be displayed on the bus.One must be inside the bus in a location that is clearly visible from the driver’s seating position. The other must be in a conspicuous position on the outside of the rear of the bus.

Circumstances where notices are not requiredBus operators accredited in another state or territory who are accredited to operate buses in Victoria are not required to display notices if:> the buses operated in Victoria are registered in the other state or territory> the regulator of that state or territory requires the bus operator to display notices on buses that specify the maximum number of passengers that may be carried.

Contact usTelephone: 1800 223 022 Website: www.transportsafety.vic.gov.au Email: [email protected]

BUS SAFETYMarch 2014

Published by Transport Safety Victoria © Copyright State Government of Victoria 2014. This publication is copyright. No part may be reproduced by any process except in

accordance with the provisions of the Copyright Act 1968 (Cth). Authorised by the Victorian Government, Melbourne.

MAXIMUM SAFE CARRYING CAPACITY XX PASSENGERS

What information must be displayed on the notice?

Notices must be on or in the bus and use letters that are at least 25 millimetres high and of proportionate width.The Safety Director at Transport Safety Victoria (TSV) has authorised the following text to be displayed on a bus with seating positions for 13 or more adults.

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Tsv wishes to congratulate the team at driver coastal pty ltd on their proactive approach to safety risk management. It was shown in the planning of the new driver coastal open top double deck bus hop on hop off sightseeing service on the mornington peninsula, which is expected to commence in November 2014.

In January this year, Mark Driver (Director and Fleet/Operations Manager at Driver Group) contacted TSV’s accreditation and registration section and advised that Driver Coastal was considering a new tour bus service using open top double deck buses.

Open top double deck tour services in Victoria present operators with some unique safety challenges – such as electrical and entanglement risks from the overhead tram power system in Melbourne and Bendigo. Identifying these risks during the planning phase of a new bus operation is key to the operator ensuring that adequate controls are put in place before the service commences operation. It demonstrates that the operator is complying with their legal obligation to ensure the safety of their bus service.

Driver Group provided TSV with a range of information, including the characteristics of the buses that will be used, the proposed routes and a timetable for implementing the service. Following internal discussions, TSV sought from Driver Group a risk assessment covering the proposed service. This was provided to TSV in late February and reviewed by TSV’s safety risk engineer. Feedback was given to Driver Group and the company submitted evidence to TSV that the few minor matters highlighted by TSV had been addressed.

At the end of March, TSV was able to confirm to Driver Group that it foresaw no issues with the proposed service. TSV wishes the team at Driver Group and Driver Coastal every success for this new service.

bRavo Zulu

Tsv recommenced its bus safety public forum program in 2014, with forums in January (melbourne) and april (bairnsdale). a forum in June is planned for bendigo.

At the first forum in Melbourne, approximately 50 bus operators were presented with an analysis of the factors that contributed to the 2005 Texas coach fire in which 23 passengers were fatally injured. The joint TSV / bus industry / Office of the Chief Investigator workshop drew on the expertise of TSV’s human factors specialists. A number of important safety lessons relevant to Victorian bus operations were identified by the work of the joint group.

The forum also offered operators the opportunity to directly quiz TSV’s managers responsible for accreditation and registration, audit and compliance and inspection. The questions raised by operators at the forum were collated and these, along with TSV’s answers, were subsequently published in the News section of TSV’s website (www.transportsafety.vic.gov.au/bus-safety/newsroom/news).

The second forum, which was held in Bairnsdale, also attracted a good audience with over 40 operators taking part. This forum followed a similar format to the Melbourne forum.

TSV intends to continue with its bus safety public forum program and invites bus operators to send through their suggestions for preferred location and timing. While it is impossible to satisfy everyone’s wish to have a forum close to their location, TSV will endeavour to select forum locations that maximise operator attendance.

Suggestions for future bus safety public forum locations can be emailed to [email protected]

foRum updaTE

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as part of the Tsv 2013-2014 corporate plan, the bus safety branch implemented a ‘Red Tape’ project.

The project is carefully examining how we go about administering the Bus Safety Act 2009 (Vic) (BSA) with a view to reducing the regulatory burden on bus operators and improving the administration of the BSA.

The project has identified several potential improvements, including:

• Changing the accreditation application process so that applicants can automatically surrender any previous accreditations at the time of applying for accreditation under Part 4 of the BSA.

• Implementing electronic means for accredited bus operators to pay their annual accreditation fees.

• Investigating possible changes to the quarterly vehicle safety inspection (VSI) regime currently included in accredited bus operators’ maintenance management system.

• Eliminating the need for gazettal of non-commercial courtesy bus services.

• Eliminating the requirement for applicants for bus operator accreditation or registration to provide copies of current roadworthy certificates for the buses to be used in their service.

• Eliminating the requirement for applicants for accreditation to provide a national police check with their application.

The first three proposed red tape improvements are within TSV’s authority. The first has been implemented and the second is expected to be in place from the start of the next financial year. The possible changes to VSIs are the subject of a joint TSV/ BusVic 12 month trial that is carefully examining whether maintaining a bus to only manufacturers’ specifications will in any way diminish the mechanical fitness of the bus in comparison with a bus maintained to the current VSI regime. Once the results of the trial are available in mid-2015, any changes to the VSI regime will be communicated to the Victorian bus industry.

The last three items are matters that would require changes to law and are therefore not within TSV’s powers to change. TSV is developing a submission recommending these matters be investigated by the Department of Transport, Planning and Local Infrastructure.

REd TapE REducTIoN

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buyER bEWaRE – sEllER bE HElpful at a recent compliance activity at the Twelve apostles in port campbell National park, an unaccredited operator was found to be providing a commercial bus service to a group of international tourists.

The operator was issued with a notice which prohibited him from continuing with the bus service and was required to charter a local accredited bus operator to transport the tourists back to Melbourne. The operator’s explanation to the TSO was that he was not aware of the requirements.

TSV often receives enquiries from persons who have purchased a bus or a bus business, are unaware of the requirements and expect TSV to permit them to operate until they become registered or accredited.

Although a completed application for registration can be processed fairly quickly, the processing of an application for accreditation is more complex.

While it is up to the individual to conduct the necessary research before operating a bus service, TSV believes existing bus operators can assist in spreading the word.

Before entering into any commitment with a prospective purchaser, please advise them to contact TSV to obtain information about registration or accreditation.

bus operators are required to notify Tsv when there has been a change in their circumstances.

This includes a change in the responsible person (for accredited bus operators) or contact person (for registered bus operators), company name or organisation, contact details and the type of service and/or number of buses they operate.

Operators must notify TSV in writing within seven days of becoming aware of the change by emailing [email protected]

lETTINg us kNoW WHEN youR cIRcumsTaNcEs cHaNgE8 >> bus safETy NEWs

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summaRy of complIaNcE acTIvITIEs

since the last edition of bus safety News, Tsv has, in conjunction with victoria police, vicRoads, parks victoria and the Taxi services commission, conducted compliance inspections at phillip Island, the Twelve apostles, colac, melbourne airport and the yarra valley.

The most common area of operator non-compliance was not having fire extinguishers tested within the required timeframe.

The table on the right details the outcomes of the compliance activities conducted between January and April 2014 and the non-compliances identified.

TSV is following up these non-compliances with the applicable bus operators.

Where non-compliance is found, bus operators and bus safety workers may be subject to enforcement action that ranges from fines and defect notices, to improvement and prohibition notices

matteraccredited bus

operatorRegistered bus

operator

bus operator - not accredited or registered

Total

Number of buses inspected 154 31 5 190

fire extinguisher not maintained in an operating condition

47 18 N/a 65

No emergency management plan 9 N/a N/a 9

No carrying capacity signage 30 0 N/a 30

defective tyres 2 1 0 3

drivers’ licence / driver accreditation issues

4 0 0 4

Work diary issues 8 0 0 8

Improvement Notice 0 0 1 1

prohibition Notice 0 0 4 4

Image above: a Tsv bus safety compliance officer at a recent compliance operation at Twelve apostles, port campbell National park.

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RIsk maNagEmENT aNd REgIsTEREd opERaToRs

THE bus safETy acT 2009 (vIc) (bsa) ImposEs a duTy oN all accREdITEd aNd REgIsTEREd opERaToRs To ENsuRE THE safETy of THEIR sERvIcEs, so faR as Is REasoNably pRacTIcablE.

This duty requires duty holders to eliminate or reduce risks to safety so far as is reasonably practicable.

When determining what is (or is not) reasonably practicable when managing risks, operators must consider the following issues:

1. The consequence that would result if a risk source eventuated

2. The likelihood of a risk source eventuating

3. What the duty holder knows, or ought reasonably to know, about a risk source and any ways of eliminating or reducing it

4. The availability and suitability of ways to eliminate a risk source, and

5. The cost of eliminating or reducing a risk source.

An operator’s ability to eliminate or reduce risks is highly unlikely to be effective unless the operator has documented its risk management processes. While the absence of documented processes is not necessarily evidence of non-compliance with this safety duty, it is very difficult to argue compliance with the safety duty without them.

It is therefore strongly recommended that all operators document their risk management processes.

If you have any questions about risk management, get in touch with your local TSV Bus Safety Compliance Officer.

TSV is currently prosecuting a NSW operator for operating in Victoria without being accredited despite previously being warned.

It will be the first prosecution TSV has brought under the BSA.

This prosecution serves as a reminder to the industry that TSV will use the full force of the law to take action against operators who do the wrong thing.

If you are aware of someone operating in breach of the BSA, report them to TSV.

bus pRosEcuTIoN gaTHERs pacE

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THaNks To vENTuRa aNd laTRobE vallEy bus lINEs, THousaNds of ausTRalIaNs REquIRINg dIalysIs WIll NoW bE ablE To TakE a HolIday WITHouT mIssINg lIfE-savINg TREaTmENTs.As part of the ‘Big Red Kidney Bus Project’, Ventura has donated a school bus and Latrobe Valley Bus Lines will be providing the drivers and the maintenance. A number of other bus industry participants have also donated money to this worthy cause.

The Big Red Kidney Bus (BRKB) will provide mobile holiday dialysis, travelling to popular holiday spots where it will set up for six weeks at a time, staffed by Monash Health renal nurses and technicians.

This project was launched outside Parliament House on 13 March 2014 and will be presented to the Bus Expo in October 2014.

Rhonda Renwick from Latrobe Valley Bus Lines said that the project has strong relevance for the bus industry, in particular driver health.

“Bus drivers, like office workers, are constantly sitting down and have a greater risk of health problems through lack of exercise.

“As well as some quality holiday time, the BRKB will bring education and awareness of the relationship of heart and kidney health, and diabetes to each of the communities it visits,” Ms Renwick said.

For further information about this initiative, visit Kidney Health Australia website (http://www.kidney.org.au/)

on 10 february 2014, the National Heavy vehicle Regulator introduced an updated national driver work diary.

You may use your current work diary until every daily sheet is filled in or for up to six months after the national law and regulations commenced, whichever occurs first.

After this six-month period, you must use the new national driver work diary.

Further information can be found at the following website:

https://www.nhvr.gov.au/safety-accreditation-compliance/fatigue-management/work-diaries-and-record-keeping/work-diaries

On 10 February 2014 an amendment to the Road Safety Act 1986 (Vic) came into effect providing that light buses must comply with Chapter 6 and sections 622,623, 653 (g) and (h), 654, 725, 726 and 740 of the Heavy Vehicle National Law (Victoria) (HVNL).

The RSA defines a light bus as a motor vehicle with a Gross Vehicle Mass (GVM) of 4.5 tonnes or less which (together with any trailer attached to it) seats more than 12 adults (including the driver).

Chapter 6 of the HVNL deals with driver fatigue requirements. Sections 725 and 726 deal with an approved electronic recording system constituting an electronic driver work diary.

Section 740 deals with fees payable under the HVNL. Bus operators may obtain further information in regard to the HVNL by contacting VicRoads.

launch of the big Red kidney bus

dId you kNoW?

sTEERINg a WoRTHy causE

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REvIEWINg aNd moNIToRINg RIsks

commuNIcaTIoN aNd coNsulTaTIoN

It is important for all people involved in the provision of a bus service to have the opportunity to be involved in the planning and implementation of risk management processes.

Stakeholder consultation will greatly assist duty holders to obtain a proper understanding of risk sources. Duty holders should consult with others who have an understanding of operations and bus systems, including behaviour of technical components, how workers behave and the operating environment.

Stakeholders may include management and bus safety workers, such as supervisors, contractors, operators and maintainers. Relevant technical advisors such as human factors and risk assessment specialists could be involved where appropriate.

The involvement of bus safety workers is important because risk sources may not be visible to management but are understood by frontline workers.

In addition, employees can have a significant impact on safety as a result of their behaviour, attitude and competence in carrying out any safety-related role. The involvement of appropriate employees (or their representatives) enhances their awareness of these issues and is critical to achieving safe operation in practice.

Operators may also need to engage with external stakeholders. For example, if you operate a school bus service, the best practicable safety outcome may not result unless you consult with school representatives or parents’ representative councils.

employees can have a significant impact on safety”

moNIToRINg aNd REvIEWINg safETy HaZaRdsThe obligation to eliminate or reduce the risks to safety under the Bus Safety Act 2009 (Vic) is an on-going duty.

Duty holders must ensure that they remain vigilant to changes in their operating environment that may introduce new risk sources or change the nature of existing ones.

Typically, “what you ought to know” regularly changes. For example, you may become aware of a new risk source associated with your bus operations, or you may learn about an incident that will affect your operations (and which you should document and assess) from another operator. In addition, the reasons a risk control was rejected may change, as it may become easier/cheaper to implement over time.

A thorough risk source review should be conducted at least once a year, ideally when:

• the operating environment changes

• seasonal/weather conditions change

• the operator encounters an internal incident

• the operator hears about an external incident that may affect it.

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bus safety compliance officers (bscos) are working towards finishing site visits/gap analyses by 30 June this year. deemed accredited bus operators who have not received a site visit/gap analysis are advised to contact their local bsco to arrange this as soon as possible.

Site visits/gap audits help bus operators understand the procedural gaps they are required to address in order to be accredited under the Bus Safety Act 2009 (Vic) (BSA). They also allow the Director, Transport Safety to establish if bus operators are complying with their legislative obligations and conditions of accreditation.

While it is not necessary for accredited bus operators to own or operate a bus, it is a requirement that all operators are audited. Operators who are accredited to provide a commercial or local bus service must be able to satisfy TSV’s Director, Transport Safety that they have the competence and capacity to manage the risks to safety

associated with operating the service, should they choose to begin providing such a service.

Therefore, the obligation to act in compliance with the requirements of the BSA and to manage the risks to safety is current and ongoing, and applies to deemed accredited operators.

The bus audit team is entering the next phase of its audit program and has begun safety audits of operators who became accredited and registered under the BSA. This audit activity sees BSCOs working with operators to test if they are meeting their obligations under the new legislation.

fINalIsINg sITE vIsITs/ gap audITs

Tsv is rolling out a new annual fee payment process that may impact your bus operator accreditation status.

TSV will continue to issue tax invoices for bus operator accreditation annual fees 60 days prior to the due date.

Currently, the BSA allows you to pay your annual fees up to 14 days post the due date. If you fail to pay your annual fees by the due date, you will now receive a reminder letter.

If you fail to pay within a further 14 days, TSV will immediately suspend your accreditation. You will have a final 14 days

in which to pay your annual fees before your accreditation is cancelled.

Once your accreditation is cancelled, you will not be permitted to operate a commercial or local bus service until you reapply and successfully achieve accreditation.

accREdITEd bus opERaToRs – HavE you paId youR aNNual fEEs?

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Sandra Gartside has recently started in the role of bus safety assessment officer.

Sandra joins TSV after eighteen years’ experience in all aspects of office administration and records management in a range of workplaces, including universities, research institutions and management consultants.

For the last seven years, Sandra worked in several government departments in various records management positions.

Welcome Sandra!

accREdITaTIoN aNd TRusTs

Tsv Has REcEIvEd a NumbER of bus opERaToR accREdITaTIoN applIcaTIoNs IN THE NamE of TRusTs INcludINg supERaNNuaTIoN fuNds. After carefully considering the various legal issues and seeking external counsel advice, TSV has determined that trusts are not entities that may be accredited under the Bus Safety Act 2009 (Vic) (BSA).

A trust cannot apply for accreditation under the BSA because it is not a distinct legal entity and cannot be held accountable for ensuring the safety of a bus service.

The types of legal entity that can apply for accreditation under the BSA are:

• a natural person

• partnerships

• an unincorporated body or association other than a partnership

• a body corporate which is a company, co-operative or incorporated association

• a body corporate other than a company, co-operative or incorporated association.

To assist bus operators involved in trusts, TSV will accredit a trustee provided that the trustee can demonstrate that they have the competence and capacity to manage the risks associated with operating the commercial bus service.

In such a situation, the trustee would be accredited as a “natural person” if the trustee is an individual or, as a “body corporate”, if the trustee is a company within the meaning of the Corporations Act 2001 (Cth).

Please note, when applying for bus operator accreditation, it is imperative that you understand which legal entity type describes you or your organisation, as that will determine the supporting evidence you will need to provide with your application.

If you are unsure where your organisation fits, you are encouraged to contact your business manager or accountant for this information.

Should you require further assistance with TSV’s accreditation application process, please contact a member of the bus safety assessment team on 1800 223 022.

WElcomE oNboaRd!

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offENcEs agaINsT bus safETy laWs

Matter Penalty

As accredited bus operator, failing to ensure that each bus used to provide commercial or local bus services undergoes safety inspection

4 penalty units

As registered bus operator, failing to ensure that each bus used to provide commercial or local bus services undergoes safety inspection

4 penalty units

As accredited or registered bus operator, failing to arrange safety inspection when directed for bus service

4 penalty units

Operating bus service if not registered or without an exemption

12 penalty units

As registered bus operator, failing to comply with conditions of registration

12 penalty units

Registered bus operator registered in respect of commercial minibus service failing to ensure driver holds driver accreditation

12 penalty units

Registered bus operator failing to ensure driver of bus holds appropriate driver licence

12 penalty units

Accredited bus operator failing to notify Safety Director of the recovery of, and to return, the certificate of accreditation

4 penalty units

Accredited bus operator failing to return certificate of accreditation and number plates if accreditation cancelled or surrendered

12 penalty units

Accredited or registered bus operator failing to notify Safety Director of prescribed incidents

4 penalty units

Operator of school bus failing to ensure complying lights and signs fitted to bus

4 penalty units

Matter Penalty

Driver of school bus failing to ensure lights, signs or hazard warning device operate when bus is stationary

2 penalty units

Operator allowing bus to be used for school bus service before lights or hazard warning device are operational

4 penalty units

Failing to ensure fire extinguishers fitted on bus are operational

2 penalty units

Failing to ensure required safety notices are displayed in bus

0.4 penalty units

Accredited bus operator failing to display number plates on buses

2 penalty units

Displaying accredited bus operator plates when not accredited

2 penalty units

Failing to keep records in safe and secure location for specified period

1 penalty unit

Failing to keep books and records in the English language

1 penalty unit

Failing to comply with direction to undertake investigation into bus incident

0.4 penalty units

Failing to commence investigation within 7 days of direction

0.4 penalty units

Accredited bus operator failing to provide investigation report to Safety Director within specified time

1 penalty units

Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014

bus safETy NEWs >> 15

Page 16: REVIEWING AND MONITORING RISKS Page 12 WINTER 2014, … · newsletter by email, please contact us via information@transportsafety.vic.gov.au ... (Vic) (BSA) prior to 31 December 2015.

WHERE To gET moRE INfoRmaTIoN Transport Safety Victoria 121 Exhibition Street Melbourne Victoria, 3000

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Published by Transport Safety Victoria © State Government of Victoria 2014

Copyright in this publication resides with the Director, Transport Safety and the State of Victoria. No part of this publication may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth).

Disclaimer: This publication is a summary giving you general information on a particular topic, and does not cover all of the relevant law regarding that topic. This document should not be relied upon as a substitute for the relevant legislation, legal or professional advice.

The information in this publication is current as at June 2014.

ISSN: 1835-4505