Bus operator change in circumstances FAQ
1 March 2022
There has always been a requirement in the Bus Safety Act 2009 to notify the Safety Director of a change in circumstances. The amended Bus Safety Act 2009 retains the provision and its timeframe in section 38 (1) which states:
If a relevant change in circumstances occurs with respect to an accreditation or an accredited bus operator, the accredited bus operator must notify the Safety Director of the change in writing within 7 days after becoming aware of the change.
Relevant change can be many things. It includes but is not limited to:
- Where the risk profile of the accredited operator changes. For example, the services operated change your risk profile regarding fatigue management.
- Where information set out in the application for accreditation has changed. For example, the contact details given at the time of application for the accreditation have changed (phone number, address and/or email address).
- Where any document accompanying the application or supplied to support the application becomes inaccurate or no longer applicable. For example, a national police check for a relevant person was submitted with the application for accreditation. Since making the application, the relevant person has a conviction recorded against them for a criminal offence making the former police check inaccurate.
- Anything in the application for accreditation is now inaccurate. For example, you were operating a 10 – 12 seat mini-bus tour and charter service and have now purchased a 52-seat bus with the intention to conduct interstate tours using that bus.
- Something has changed with respect to the manner of operating the bus service that has, will or may result in an inability to comply with a requirement under this Act. For example, the responsible person under the accreditation has changed.
- Something has occurred that may have been the grounds for the refusal of the application in the first instance. For example, when the application was made, the responsible person was deemed to be a fit and proper person. Since the application, the responsible person has been declared bankrupt.
- You have changed the number of buses in your fleet (by either adding new buses, or disposing of existing buses).
- The responsible person no longer has the competence and capacity to perform their role.
- You have ceased to provide bus services. Should this occur, you must surrender the certificate of accreditation to the Safety Director by returning the certificate or destroying the electronic certificate.
- You have taken on a lease for a bus, or a number of buses in your fleet.
- You are changing the type of services you operate. For example, you are no longer providing tour and charter services, but instead have acquired a school bus service contract and will commence providing school bus services.
- One of your buses’ registration plates has been cancelled.
- A bus in your fleet has failed its VASS certificate inspection.
- A bus in your fleet fails its annual inspection and you are unable to fix it to make it serviceable.