Victorian Consolidated Legislation

Transport Act 1983 - SECT 86

Definitions

86. Definitions



(1) In this Part unless inconsistent with the context or subject-matter-



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carrying capacity, in relation to a motor vehicle, means the mass determined
by the Roads Corporation to be the maximum permissible mass of any load which
may be carried on that motor vehicle;

category 1 offence means-

   (a)  an offence against the Crimes Act 1958 that involves sexual
        penetration (within the meaning given by section 35(1) of the
        Crimes Act 1958); or

   (b)  an offence against a provision of the Crimes Act 1958 amended or
        repealed before the commencement of section 8 of the Transport
        Legislation (Further Amendment) Act 2006 of which the necessary
        elements at the time it was committed consisted of elements that
        constitute an offence referred to in paragraph (a); or

   (c)  an offence specified in clause 1 of Schedule 1 to the
        Sentencing Act 1991, if the victim of the offence was a child or a
        person with a cognitive impairment, that is not an offence referred to
        in paragraph (a) or (b); or

   (ca) an offence against section 5A of the Crimes Act 1958; or

   (cb) an offence against section 318 of the Crimes Act 1958; or

   (d)  an offence specified in clause 3 of Schedule 1 to the
        Sentencing Act 1991; or

   (e)  a child pornography offence within the meaning of the Working with
        Children Act 2005; or

   (f)  an offence within the meaning of Division 101 of the
        Criminal Code Act 1995 of the Commonwealth; or

   (g)  an offence under a law of a jurisdiction other than Victoria
        (including jurisdictions outside Australia) that, if it had been
        committed in Victoria, would have constituted an offence of a kind
        listed in this definition; category 2 offence means-

   (a)  an offence specified in clause 1 of Schedule 1 to the
        Sentencing Act 1991 that is not an offence referred to in paragraph
        (a), (b), (c), (cd) or (ce) of the definition of category 1 offence;
        or

   (b)  an offence specified in clause 2 of Schedule 1 to the
        Sentencing Act 1991 that is not an offence specified in clause 3 of
        that Schedule; or

   (c)  an offence specified in clause 4 of Schedule 1 to the
        Sentencing Act 1991; or

   (ca) an offence against section 24 of the Crimes Act 1958 arising out of
        the driving of a motor vehicle by the offender; or

   (cb) an offence against section 21A of the Crimes Act 1958; or

   (cc) an offence against section 60B of the Crimes Act 1958; or

   (cd) an offence against section 319(1) of the Crimes Act 1958; or

   (ce) an offence against section 319(1A) of the Crimes Act 1958; or

   (cf) an offence against section 61 of the Road Safety Act 1986 resulting in
        a person being killed or suffering serious injury; or

   (cg) an offence against section 71AB or 71B of the
        Drugs, Poisons and Controlled Substances Act 1981; or

   (ch) an offence against section 46 or 47 or Part 5 of the
        Sex Offenders Registration Act 2004 (other than section 70); or

   (ci) an offence against the Serious Sex Offenders Monitoring Act 2005
        (other than section 42(3)); or

   (cj) an offence against section 271.4 (trafficking in children) or section
        271.7 (domestic trafficking in children) of the Criminal Code of the
        Commonwealth other than in circumstances where the purpose of the
        exploitation is to provide sexual services within the meaning of that
        section; or

   (d)  an offence involving fraud or dishonesty; or

   (e)  an offence under a law of a jurisdiction other than Victoria
        (including jurisdictions outside Australia) that, if it had been
        committed in Victoria, would have constituted an offence of a kind
        listed in this definition; category 3 offence means-

   (a)  a criminal offence that is not a category 1 offence or a category 2
        offence; or

   (b)  an offence under a law of a jurisdiction other than Victoria
        (including jurisdictions outside Australia) that, if it had been
        committed in Victoria, would have constituted an offence of a kind
        listed in this definition;

commercial goods vehicle means any motor vehicle (together with any trailer)
which is used or intended to be used for carrying goods for hire or reward or
for any consideration or in the course of any trade or business whatsoever,
but does not include-

   (a)  any such motor vehicle which is a licensed commercial passenger
        vehicle and is carrying goods in accordance with its licence and the
        regulations or any such motor vehicle the carrying capacity of which
        (together with any trailer) does not exceed 2 tonnes and which is
        owned by a primary producer and used by him solely in connexion with
        his business as a primary producer; or

   (b)  a tow truck;

commercial passenger vehicle means any motor vehicle (together with any
trailer fore-car side-car or other vehicle or device, if any, attached
thereto) which is used or intended to be used for carrying passengers for hire
or reward;

Commission means the Essential Services Commission established under the
Essential Services Commission Act 2001;

company has the same meaning as in section 9 of the Corporations Act;



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corporation has the same meaning as that given by section 57A of the
Corporations Act;





costs incurred in making the journey includes-

   (a)  fuel costs; and

   (b)  maintenance costs; and

   (c)  parking costs; and

   (d)  insurance costs; and

   (e)  vehicle depreciation;

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director has the same meaning as it has in section 9 of the Corporations Act;





disqualifying offence means a category 1 offence, a category 2 offence or a
category 3 offence;

drive, in relation to a vehicle, includes being in control of the vehicle;

driver accreditation means an accreditation under section 166;





goods includes all chattels personal;

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highway has the same meaning as in section 3(1) of the Road Safety Act 1986;



hire car means a commercial passenger vehicle classified as a hire car by the
licensing authority under section 145;



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hire car licence means a commercial passenger vehicle licence in respect of a
vehicle which operates or is to operate as a hire car;

level 1 offence means-

   (a)  murder, manslaughter or an offence under Subdivision (1), (1AA) or (4)
        of Division 1 of Part I of the Crimes Act 1958 (homicide and serious
        assaults); or

   (b)  an offence under Subdivision (8A), (8B), (8C), (8D) or (8E) of
        Division 1 of Part I of the Crimes Act 1958 (serious sexual offences)
        or under any corresponding previous enactment or an attempt to commit
        any such offence or an assault with intent to commit any such offence;
        or

   (c)  any other assault punishable by imprisonment for 6 months or more; or

   (d)  an offence under section 321(1) of the Crimes Act 1958 (conspiracy)
        where the conspiracy is to commit an offence referred to in paragraph
        (a), (b) or (c);

level 2 offence means-

   (a)  an offence under section 71, 71AA, 71AB or 71AC of the
        Drugs, Poisons and Controlled Substances Act 1981 (drug trafficking);
        or

   (ab) an offence under section 71 of the
        Drugs, Poisons and Controlled Substances Act 1981 as in force
        immediately before the commencement of the Drugs, Poisons and
        Controlled Substances (Amendment) Act 2001; or

   (b)  an offence under Division 2 of Part I of the Crimes Act 1958 (theft
        and similar or associated offences); or

   (c)  an offence under Division 3 of Part I of the Crimes Act 1958 (criminal
        damage to property); or

   (d)  an offence under the Accident Compensation Act 1985 or the
        Transport Accident Act 1986, but only if the offence involves fraud;
        or

   (e)  an offence under section 321(1) of the Crimes Act 1958 (conspiracy)
        where the conspiracy is to commit an offence referred to in paragraph
        (a), (b), (c) or (d);

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motor cycle has the same meaning as in the Road Safety Act 1986;



motor vehicle means a motor vehicle within the meaning of the
Road Safety Act 1986 and includes a trailer attached to the vehicle;

operate means-

   (a)  in the case of a commercial passenger vehicle (other than a taxi-cab),
        carry passengers for hire or reward; and

   (ab) in the case of a taxi-cab, carry passengers for hire or reward and
        includes to ply or stand for hire or to use the taxi-cab in any other
        way for the purpose of carrying passengers for hire or reward; and

   (b)  in the case of a commercial goods vehicle, carry goods for hire or
        reward or for any consideration or in the course of any trade or
        business whatsoever.

* * * * * operator in relation to a taxi-cab, means-

   (a)  unless paragraph (b) applies, the holder of the licence under which
        the taxi-cab is operated; or

   (b)  if the right to operate the taxi-cab has been assigned to a person
        under section 150, that person while the assignment remains in force;

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Order in Council means an Order made by the Governor in Council and published
in the Government Gazette;

owner includes-

   (a)  every person who is the owner or joint owner of a commercial passenger
        vehicle or commercial goods vehicle;

   (b)  any person who has the use of a commercial passenger vehicle or
        commercial goods vehicle under a hiring or hire-purchase agreement;
        and

   (c)  any person in whose name-

   (i)  a commercial passenger vehicle;

   (ii) a commercial goods vehicle-

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* * * * * is registered under the Road Safety Act 1986 or any Act or Ordinance
of any State or Territory of the Commonwealth corresponding to that Act but
does not include an unpaid vendor of any such vehicle under a hire-purchase
agreement;

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primary producer has the same meaning as in the Road Safety Act 1986;



private bus service has the same meaning as it has in the
Public Transport Competition Act 1995;



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public commercial passenger vehicle means a commercial passenger vehicle
operated by or proposed to be operated by-

   (a)  any person, to be used under contract with the Department of Education
        and Early Childhood Development of Victoria, which contract is
        approved by the Director; or

   (b)  any person for the carriage of members of the public along a fixed
        route on a regular basis, whether or not fares are charged, and the
        operation of which commercial passenger vehicle is approved by the
        Director;

public place means-

   (a)  any bridge, footpath, court, alley, passage or thoroughfare open to or
        used by the public;

   (b)  any park, garden, reserve or other place of public recreation or
        resort;

   (c)  any open place to which the public, whether upon or without payment
        for admittance, have or are permitted to have access;

   (d)  any wharf, pier or jetty; and

   (e)  any school or the land or premises in connexion therewith- but does
        not include a highway;

recreation vehicle means a vehicle propelled by internal combustion, steam,
gas, oil, electricity or any other power but does not include-

   (a)  a railway locomotive, railway carriage, tram-car or tram-motor;

   (b)  a tractor; or

   (c)  a vehicle of a type specified by Order of the Governor in Council for
        the purposes of this section;

restricted hire vehicle means a commercial passenger vehicle which is licensed
to operate solely after the vehicle has been hired from the place or places
specified in the licence granted in respect of it and which-

   (a)  is-

   (i)  a classic and historic motor car; or

   (ii) a veteran motor car; or

   (iii) a vintage motor car-
within the meaning of Part 4 of the Motor Car Traders Act 1986; or

   (b)  because of the nature of its construction or the manner in which it is
        equipped is capable of providing a passenger transport service of a
        kind that no other category of vehicle licensed in accordance with
        Division 5 is capable of providing; or

   (c)  was manufactured more than 25 years before the date of the application
        for a licence in respect of it and which is of a category of vehicle
        that the Minister, by notice published in the Government Gazette,
        declares to be a category of vehicle to which this paragraph applies;
        or

   (d)  has a seating capacity for 8 but not more than 12 people (including
        the driver) which is used or intended to be used in connection with
        the provision of a tour package; restricted hire vehicle licence means
        a commercial passenger vehicle licence in respect of a vehicle which
        operates or is to operate as a restricted hire vehicle;

special purpose vehicle means a commercial passenger vehicle classified as a
special purpose vehicle by the licensing authority under section 145;

special purpose vehicle licence means a commercial passenger vehicle licence
in respect of a vehicle which operates or is to operate as a special purpose
vehicle;

taxi-cab means a commercial passenger vehicle which is used or intended to be
used for hiring by the public on demand and which operates by being hailed or
from a stand appointed for the use of such vehicles or which has been
previously booked or ordered but does not include such a vehicle which
operates solely by being previously booked or ordered; taxi-cab licence means
a commercial passenger vehicle licence in respect of a vehicle which operates
or is to operate as a taxi-cab;

tour package means a combination of services provided for a price comprising-

   (a)  the hire of a commercial passenger vehicle; and

   (b)  as a substantial component of the package-

   (i)  accommodation; or

   (ii) other services or facilities appropriate to tourists;

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vehicle pool matching service means a service under which a person undertakes
for reward or for any consideration to introduce a passenger and a driver for
the purpose of entering into a vehicle pooling agreement.

(2) Any Order in Council made under this Part may by like Order in Council be
amended, varied or revoked.