Invitation to make submissions on a proposed declaration

29 March 2019

UPDATE: Submissions now closed.

Background

Section 7(1)(c) of the Bus Safety Act 2009 (Vic) (Bus Safety Act) provides that the Director, Transport Safety (Safety Director) may declare by notice published in the Government Gazette that a courtesy bus service within the meaning of the definition of courtesy bus service in section 3(1) is to be a non-commercial courtesy bus service for the purpose of section 3(1) if the Safety Director is satisfied that the operator of the service does not derive any profit from the provision of the service.

Under section 7(2) of the Bus Safety Act, the Safety Director must advise operators and sectors of the bus industry that will be affected by the proposed declaration. The Safety Director must provide those operators and sectors with an opportunity to make submissions in relation to the proposed declaration.

The Safety Director must have regard to any submissions received under section 7(2) of the Bus Safety Act before making the declaration (section 7(3) of the Bus Safety Act).

What is the proposed declaration?

TSV has received applications for bus operator registration from the below listed operators. The applications indicate that the applicants intend to provide a courtesy bus service within the meaning of the definition of courtesy bus service in section 3(1) of the Bus Safety Act. The applicants have provided evidence indicating that they do not derive any profit from the provision of the bus service, and therefore seek the Safety Director to declare them to be providing a non-commercial courtesy bus service.

That the following operators are declared to be providing a non-commercial courtesy bus service within the meaning of the definition of ‘courtesy bus service’ in section 3 of the Bus Safety Act 2009 (Vic):

Bus Operator Name:

ACN/ARBN:

Registered Address:

John Holland Pty Ltd

004 282 268

Level 5, 380 St Kilda Rd, Melbourne, Vic 3004

Why is the Safety Director proposing this declaration?

The Safety Director’s intent in proposing this declaration is to ensure that the operator of a courtesy bus service that does not derive any profit from the provision of the service is correctly classified as a non-commercial courtesy bus service. Operators of non-commercial courtesy bus services are required to be registered under section 22 of the Bus Safety Act.