RISK MANAGEMENT PAGE 8 VICTORIAN SNOWFIELDS AND THE DECLARED HAZARDOUS AREAS PAGE 12

WINTER 2015, ISSUE 31 HIRE AND DRIVE BUS OPERATORS AND CUSTOMER RELATIONS PAGE 14

DEEMED ACCREDITED? TIME IS RUNNING OUT IN THIS WINTER EDITION

FROM THE DIRECTOR 3 ACCREDITATION FEES 4 ANNUAL BUS SAFETY INSPECTIONS 5 VEHICLE SAFETY INSPECTION TRIAL 6 BUS FORUMS CONCLUDE FOR THIS FINANCIAL YEAR 6 SUMMARY OF COMPLIANCE ACTIVITIES 7 BUS STOP RISK MANAGEMENT 8 BUS OPERATOR PROFILE: BRIDGES CONNECTING COMMUNITIES 10 VICTORIAN SNOWFIELDS AND THE DECLARED HAZARDOUS AREAS 12 FATIGUE MANAGEMENT 13 HIRE AND DRIVE BUS OPERATORS AND CUSTOMER RELATIONS 14 THE BUS INDUSTRY WELLNESS TASKFORCE 15 VICTORIAN COMMUNITY ASSOCIATION 15

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.

BUS SAFETY NEWS >> 2 FROM THE DIRECTOR

Highlighted in the last edition of the Lastly, as every reader of this newsletter Welcome to the Winter into Spring newsletter was the Vehicle Safety Inspection will be aware. Over the last four and a half edition of Bus Safety News for 2015. project. This joint Bus Safety Victoria years I and my bus safety team, PTV’s bus (BSV) / bus industry project sought to staff and the Bus Association of Victoria This is our first newsletter to be solely investigate whether efficiencies could be have continually encouraged those bus distributed via electronic means. It features made to the current VSI requirements operators holding deemed accreditation some great articles of interest for the bus that apply to accredited bus operators to come forward with their applications industry including: without diminishing safety outcomes. The for accreditation under Part 4 of the Bus project ran for over 15 months and the Safety Act. Right now I am confident • a wrap up of our 2014 / 2015 series of project report and recommendations were that the majority of these bus operators regional bus safety forums with a report on published for comment in May. In this edition will have completed all requirements for the Mildura forum conducted in late May of the newsletter we announce the decision accreditation and are now in possession • an update on our Vehicle Safety concerning future VSI requirements. of their new accreditation certificate. Inspection Project Another project BSV has worked on this However, those who have delayed are now • developments on the safety risk year is developing a bus stop safety risk seriously risking not being able to legally assessment project assessment guide specifically designed to continue providing a commercial bus assist those responsible for determining service once their deemed accreditation • an update on the 2015 BSV bus safety ceases by at midnight on 31 December compliance activities across Victoria the location, design, construction, installation, modification or maintenance 2015. For operators holding PTV or • notification of the CPI adjustment for of bus stopping points or any bus stop DET bus contracts, a condition of your accreditation and application fees infrastructure. The guide is specifically contract is that you continue to hold bus and infringement penalty costs for structured to meet the requirements of the operator accreditation – so any deemed the 2015 / 2016 financial year Bus Safety Act, and references VicRoads accredited bus operators in this situation • feature bus operator Bridges Connecting bus stop design in urban areas guidance, on 31 December face a double impact – no Communities as well as the former Department of longer legally able to provide a bus service and a major breach of their contractual • a summary of the quarterly bus incident Infrastructure guide for regional school bus stop designs, published in 2007. conditions. To any bus operators in doubt statistics and the safety alerts issued as to the status of their accreditation I since the last newsletter and A special article in this newsletter concerns strongly encourage you to urgently contact • safety tips on bus operations in the Bus Industry Wellbeing Taskforce. This my Accreditation and Registration staff by hazardous areas during the snow season. important industry initiative has grown out phoning 1800 223 022. of a joint BusVic, TWU, PTV and Transport While our complete regional bus safety Safety Victoria (TSV) research project To all our readers and bus safety forum program is yet to be finalised for the that investigated bus driver assaults and stakeholders, I commend this edition of Bus 2015/2016 financial year, the next forum wellbeing issues. I applaud the bus industry Safety News to you. will be in Shepparton on 24 September for this proactive safety initiative and look at the Shepparton RSL on Wyndham St, forward to my bus team contributing to the start time of 7pm. Taskforce’s work as it progresses.

STEPHEN TURNER Director, Bus Safety

BUS SAFETY NEWS >> 3 ACCREDITATION FEES

APPLICATION FEES FOR BUS OPERATOR ACCREDITATION

The table provides the application fee for commercial and local bus services. Service Application fee This fee must accompany your application for bus operator accreditation. Commercial bus service $544.00

Local bus service $544.00

PAYMENT METHODS

• Cheques made payable to the Mail your payment/details with your Department of Economic Development, application form to: Jobs, Transport and Resources Transport Safety Victoria • Credit card (MasterCard or Visa only) PO Box 2797 Melbourne VIC 3001

ANNUAL ACCREDITATION FEES

Accredited bus operators will receive an invoice for annual accreditation fees from Service Annual fee Transport Safety Victoria. The invoice will provide details about your payment Commercial bus service $272.00 (which includes the first bus). options. Annual fees are not required to be Plus $74.80 for each additional bus. paid if applying for accreditation.

The table provides details of the annual fee Local bus service $272.00 (which includes the first bus). for commercial and local bus services. Plus $74.80 for each additional bus.

MORE INFORMATION

Bus operator annual accreditation fees are The formula references the term ‘fee unit’, calculated using the formula provided in the value of which is established under the Schedule 3 of the Bus Safety Monetary Units Act 2004 (Vic). The value of 2010 (Vic). a fee unit for the 2015-2016 financial year is $13.60. All fees are exempt from GST.

BUS SAFETY NEWS >> 4 ONE WAY TRANSPORT SAFETY ANNUAL VICTORIA MONITORS THE ROADWORTHINESS OF THE VICTORIAN BUS FLEET IS BY ANALYSING THE OUTCOMES BUS SAFETY OF ANNUAL BUS SAFETY INSPECTIONS INSPECTIONS.

The following table provides the annual bus safety inspection outcomes for 2014 – 2015. The outcomes are expressed as the COMPONENT PASS / FAIL RESULTS FOR percentage of buses which passed or failed in each of the 14 inspection components. ANNUAL INSPECTIONS TSV collates and filters inspection data Percentage of pass Percentage of fail monthly to identify trends such as “those buses that fail one or more of the seven 100 80 60 40 20 0 critical safety components”, or “buses Wheels and Tyres % % that fail in identical components in two 96 4 consecutive years”. TSV follows up with Steering and Suspension 92% 8% the applicable bus operators to ensure the % % defects have been rectified. Brakes 96 4 The seven critical safety components Brake Performance 97% 3% are steering, suspension, brakes, brake % % performance, chassis, tyres and wheels. Parking Brake 99 1 The operator of a bus that fails an annual Seats ans Seat Belts 94% 6% bus safety inspection is required to rectify Lamps Signals Reflectors % % all defects in any critical safety component 92 8 before allowing that bus to be used to Exhaust and Emission Controls 97% 3% provide a bus service. Evidence that the operator has captured and recorded any Windscreen and Windows 98% 2% defects found during an annual bus safety Windscreen Wipers Washers % % inspection and rectified the defect prior to 97 3 the bus being used to provide a bus service Body and Chassis 92% 8% is checked by TSV’s bus safety compliance % % officers when they audit operators or Engine and Driveline 96 4 undertake targeted compliance inspections. Other Items 90% 10% For more information, please contact Modifications % % Andrew Chlebica, Manager Compliance and 99 1 Information, on telephone 03 9655 6873. BUS SAFETY NEWS >> 5 VEHICLE SAFETY INSPECTION TRIAL

• as specified by the vehicle manufacturer than five years old, or 10,000 kilometres A report recommending a change and or reference to any other relevant source, for a bus that is five years old or more to the prescribed intervals for or or has travelled more than 500,000 kilometres. vehicle safety inspections (VSI) • in the event the vehicle manufacturer does Following a 30 day industry consultation was prepared for consideration by not specify inspection intervals or other relevant source is unavailable, three period the Director, Bus Safety has the Director, Bus Safety. months (plus or minus seven days) or approved the recommendation and the amendment will been made to section 2.4.2 It recommended that the Director, Bus Safety a specified travel distance, whichever occurs first. of the maintenance management system amend section 2.4.2 of the maintenance and published on BSV’s website shortly. management system so that the maximum • The specified travel distances shall be permissible inspection intervals be: 20,000 kilometres for a bus that is less

BUS FORUMS – NEW PROGRAM FOR 2015/16

These topics were introduced as a result of a The forums provided opportunities for The 2014/2015 bus forum program compliance operation conducted in Mildura bus operators to have queries answered concluded with a well-received visit during March. The operation involved and concerns addressed in an informal officers from Victoria Police and Bus atmosphere. They also consisted of to Mildura on 28 May. Safety Victoria targeting buses operated presentations delivered by the Director, by contractors transporting labourers to Bus Safety and the managers of Audit, Apart from the usual topics the forum also various farms in the Sunraysia region. Accreditation/Registration and Compliance addressed the operation of buses used to on activities carried out by the Bus Branch. transport farm labourers and the hiring In all, five bus forums were conducted and driving of buses by sporting, social and in 2014/15, commencing in Ballarat and BSV is considering conducting further other organisations. followed by Warrnambool, Geelong, bus forums with new topics in locations Wangaratta and Mildura. within Victoria not previously visited. These locations will be announced in the Summer edition of the BSN.

BUS SAFETY NEWS >> 6 SINCE THE LAST EDITION OF BUS SAFETY SUMMARY OF NEWS, BSV HAS CONDUCTED COMPLIANCE OPERATIONS AT MELBOURNE AIRPORT, MILDURA, LONGFORD IN GISPPSLAND, COLAC AND THE GREAT OCEAN ROAD COMPLIANCE MEMORIAL ARCH IN EASTERN VIEW. OTHER RELEVANT AGENCIES, SUCH AS, WORKSAFE, VICTORIA POLICE, SHERIFF’S OFFICE ACTIVITIES VICTORIA, AUSTRALIAN FEDERAL POLICE, DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION AND VICROADS ALSO PARTICIPATED IN THESE OPERATIONS.

The most common area of non-compliance Bus operator - found by BSV officers was buses with out Accredited bus Registered bus Matter operator operator not accredited Total of test extinguishers. It is BSV policy that or registered fire extinguishers that are not “in test” are to be considered as not being maintained Number of buses inspected 59 51 23 133 in operating condition. Operators that fail to keep their fire extinguishers in test may Fire extinguisher not maintained in 7 16 21 44 face an infringement notice of $304. an operating condition Operators are reminded that BSV has commenced exercising the enforcement No carrying capacity signage 9 nil nil 9 tool of infringement notices issued under the Transport (Safety Compliance Defective tyres 3 nil nil 3 and Enforcement) (Infringements) regulations 2014. Drivers’ licence / driver 5 nil nil 5 The table below details the outcomes of the accreditation issues compliance activities conducted between 01 March 2015 and 11 June 2015 and the Work diary issues 4 nil nil 4 non-compliances identified. BSV is following up these non-compliances TSV Infringement 5 nil 4 9 with the applicable bus operators.

Where non-compliance is found, bus Prohibition Notice nil nil 4 4 operators and bus safety workers may be subject to enforcement action that ranges from fines and defect notices, to Defect Notice 6 nil 2 8 improvement and prohibition notices.

BUS SAFETY NEWS >> 7 BUS STOP RISK MANAGEMENT

Responsibility for ensuring safety of bus The scenarios are examples only and do The Bus Safety Act 2009 (Vic) stops is generally shared among a number of not represent all possible safety risks (BSA) states that a person people. The shared nature of responsibility that may be applicable to individual bus can be complicated as some people who services. The guide suggests the use of a who determines the location have a safety duty may not be aware of their risk management framework (based on AS/ of, designs, constructs, responsibilities. It is necessary that everyone NZS ISO 31000:2009-Risk Management installs, modifies or maintains who has a safety responsibility at bus stops Principles and guidelines). is aware of, and accepts, their responsibility This guide is relevant to anyone who has a bus stopping point or any and works with others to ensure safety risks bus stop infrastructure, or safety duties under the BSA, which imposes a are effectively managed. duty on certain persons within the Victorian who engages a person to do BSV has developed the Safety Risk bus industry to ensure safety SFAIRP. any of those things, must Assessment Guide which provides direction Risk management responsibility and ensure, so far as is reasonably in managing the shared risks to safety at principles bus stops. Where an effective process for practicable (SFAIRP), that the managing safety risks already exists, the The BSA identifies that the safe operation of location, design, construction existing process can be simply amended to bus services is the shared responsibility of— or condition of the bus incorporate this guidance. • operators; stopping point or bus stop Purpose of the guide • bus safety workers; infrastructure is safe. The guide provides practical advice • procurers; on how to: • persons who determine the location • Identify risk owners; of bus stopping points, or who design, • Develop a risk register; construct, install, modify or maintain a bus stopping point or bus stop • Establish a process for ongoing infrastructure; and review of risks. • the Safety Director; and The guide shows a step-by-step process which may be used to manage bus • members of the public. stop risks. The process ends with the Further, the BSA documents the following development of a risk register and contains principles: scenarios throughout showing each stage • the level of a party’s responsibility of the register’s development. depends on the nature of the risk their actions pose and their capacity to manage the risk;

BUS SAFETY NEWS >> 8 • managing risks associated with Documentation be documented and assessed. In addition, the provision of bus services is the The ability to carry out a comprehensive the basis for selection or rejection of responsibility of the person best able to process to identify all risks arising from treatment options may change. For control the risk; and operations at bus stops is impossible without example, a treatment option may become • parties responsible for the safe a written analysis, even if such an analysis easier or cheaper to implement. operation of bus services should be is not expressly required by the BSA. It is BSV also recommends that the involved with the formulation and strongly recommended that the information effectiveness of treatment options is implementation of measures to manage relating to risk assessment, including reviewed on a regular basis by the risk risks to safety associated with the aspects of this guidance, be documented. owner to ensure that the assumed benefits provision of bus services. However documented, it should incorporate are being delivered. The BSA also imposes a duty on those all aspects needed to demonstrate that Current state of play and next steps persons who determine the location of risk treatment options meet all legislative A consultation draft of the guide has bus stopping points or those who design, requirements. The documentation should been provided for feedback to a group construct, install, modify or maintain them show that a thorough and detailed of stakeholder associations. Feedback (or bus stop infrastructure) to ensure that assessment has been conducted. When will be reviewed and the document bus stopping points are safe. Failure to do making decisions on risk consequence amended as required. so may be seen as a breach of safety duty and likelihood, persons should ensure and may result in significant penalties. that assumptions, differences of opinion, The guide will be placed on the BSV The duty extends to persons who engage uncertainty and limitations are recorded. internet once it has been amended others to do any of these things. following stakeholder feedback. The guide Use of appropriate references will then be freely available for interested The realisation and acceptance of this Risk owners must familiarise themselves parties to use. Please note that BSV will not shared responsibility and the decision- with, and make use of, appropriate technical be making the document available in hard making involvement of all parties with a references when making decisions on copy. Anyone wishing to provide feedback safety responsibility is particularly crucial managing safety risks at bus stops. on the document once it has been released at bus stops, where multiple parties share can contact the author using the email risk-management responsibilities. Monitoring and review address below. One method responsible parties may All risk owners should regularly review Questions or comments use in risk management decision-making all components of risk assessments to around bus stops is via the use of a formal, ensure they remain current and valid. If you have any comments or questions shared risk management process. BSV They may also become aware of a new about this article or the guide, please has developed the guidance material risk cause associated with bus operations, direct them to Shaun Rodenburg via email - with this in mind. or may learn about an incident from [email protected]. another operator which will affect their operations. Emerging risk causes should

BUS SAFETY NEWS >> 9 BUS OPERATOR PROFILE: BRIDGES CONNECTING COMMUNITIES

Tell us a little bit about your organisation fleet but also use their own private vehicles procedures based on the Operational Our mission is to support and empower to transport our clients to and from Guidelines for Community Transport Manual elderly frail aged people and those with appointments. Our volunteers span across developed by Juliet Frizzell, Maree Ivey and a disability who are at risk of isolation, to the area of Knox and the South West Yarra Holly Smith from Effective Change Pty Ltd. be independent and valuable contributing Ranges and we have 1,100 active registered We have worked hard in establishing good members of our community. We achieve clients using our community transport Management Information Systems (MIS) our objectives by running a community service. Our boundaries are Box Hill and Management Maintenance Systems transport service, outings, a pet companion Hospital, Monash Medical Centre in Clayton (MMS) that are quick, efficient and effective. and Lilydale. When the Bus Safety Act was updated we program, planned activity groups, Phone a only had to vary two MIS and two MMS Friend and the Friendly Visiting Program for How have your worked to make your residents living in the Knox and South West to be compliant with the new regulations. safety management systems compliant Yarra Ranges. Bridges is registered with We took advantage of developing an with the Bus Safety Act? BSV as a Registered Bus Operator. alcohol and drug management policy in We have been fortunate to be part of some consultation with all bus safety workers Describe your community transport great Community Transport networks by incorporating a volunteer driver forum. service being members of the Victorian Community The result was we had a rich source of feedback from our volunteer drivers which Our Transport Service is composed of Transport Association (VCTA) and in the past ETAN and TYRE networks. We have has enabled us to reshape and hone our eight fleet vehicles, five minibuses and service delivery to be one that is relevant three cars. We are proud to have seventy had access to best practices and have developed our own transport policy and to community needs whilst complying with Volunteer Drivers who not only drive our regulatory obligations.

BUS SAFETY NEWS >> 10 What was the greatest learning for you audit in March this year by BSV. The auditor there was an issue with the automatic from the process? conveyed that our MIS and MMS were of a gear lever. Performing these checks at the The greatest learning for us was that we standard that he would expect to see from beginning of the day means that if anything were forced to go back and review some an accredited bus operator. Our standard is wrong we can fix it before the volunteer of our processes and in doing so we chose needs to be high because our target group driver comes in to pick up the vehicles. to review them all. The result was that are vulnerable people from our community Does a focus on administration help or we were able introduce new processes to and we have a duty of care to provide a hinder your operation? our systems and were able to streamline safe service. Our drivers are all volunteers, some of the older ones, which increased who thoroughly enjoy driving and without In 2009 when the Bus Safety Act was efficiency and this exercise reinforced to them we would not exist; so our volunteers amended we had 3 minibuses and two staff the importance of our systems. deserve high safety standards. vehicles now our service has two extra minibuses and an extra car. We have only Why is it important for a service such as Can you provide any good examples been able to expand our transport service yours to have such high safety standards? where your safety systems have ‘saved by having good business systems in place. the day’ or helped avoid an incident? We are proud of our transport service Putting focus on administration and and have worked hard over many years The introduction of pre-trip inspection ensuring the process is a smooth and an to comply with all regulatory obligations checklist has proved valuable in a number easy one for all users means that growth and the result of our hard work is that we of cases where we are able to pick up can take place without compromising have achieved a high standard which was vehicle faults, such as, brake lights and efficiency and effectiveness whilst keeping confirmed when we underwent our safety lights that have blown and in one case any strain on staff to a minimum.

BUS SAFETY NEWS >> 11 VICTORIAN SNOWFIELDS AND THE DECLARED HAZARDOUS AREAS

An outcome from the meeting was the For more information on vehicles that On Monday the 16th of March 2015 BSV establishment of a working party that will require an authority to drive in a declared officers met with representatives from review the differing requirements placed on hazardous area please visit the VicRoads all road users in declared hazardous areas website and access the document titled: VicRoads, The Alpine Shire, The Resort and may make recommendations towards ‘Hazardous Area Authority’ or contact Management Board Mt Hotham, DECA the relevant authorities to harmonise these VicRoads on 13 11 71 Heavy Vehicle & Hazardous License requirements to the safety benefit of all road users in the alpine areas. BSV will continue Trainers & Assessors, Stadelmann’s working with the group as required to Snow Clearing & Earth Moving address seasonal risks and safety practices. Contractors, Dinner Plain Transit BSV would like to take this opportunity Services, Parks Victoria in Benalla to to remind bus operators that they have a look at safety and other issues which responsibility to manage the risks to safety associated with travelling to a declared affect road users on the Victorian hazardous area and ensure that appropriate Snowfields during the Declared levels of controls are applied to reduce risks Hazardous Season – snow season. to safety so far as is reasonably practicable.

BUS SAFETY NEWS >> 12 > FATIGUE-REGULATED HEAVY VEHICLES > FATIGUE-REGULATED BUS > DRIVER WORK DIARY FATIGUE MANAGEMENT

The Road Safety Act 1986 (Vic) defines a • the type of fatigue management system A matter regularly raised by audience bus as “a motor vehicle which (together with being used (standard hours or basic members at the BSV bus safety forums any trailer attached to it) seats more than 12 hours or advanced hours) adults (including the driver)”. concerns the requirements for bus By considering the above matters (and Please note that the Road Safety Act if necessary contacting VicRoads for drivers to use work diaries and for bus defines a bus differently to theBus Safety guidance and advice) the operator of a operators to keep records of bus driver Act. The Bus Safety Act defines a bus as a bus service can identify how they should journeys / work and driving hours. motor vehicle built with seating positions comply with the national law. for 10 or more adults (including the driver) BSV’s interest in bus driver fatigue and The law governing these matters is the and to comply with the Australian Design bus driver fatigue management is (and Heavy Vehicle National Law (Queensland), Rules for a passenger omnibus. will continue to be) primarily concerned specificallyChapter 6 Vehicle operations The Victorian Road Safety Act includes a with assessing how bus operators and bus – driver fatigue, that is administered by the definition of alight bus being a bus with a drivers are managing the risks associated National Heavy Vehicle Regulator (NHVR). gross vehicle mass less than 4.5 tonnes. with driver fatigue. When there is a bus In Victoria, this law is administered by incident that is fatigue-regulated, a driver’s The Victorian Road Safety Act applies VicRoads on behalf of the NHVR. work diary, and or records required to the heavy vehicle fatigue management be kept by the bus operator, may form Please note that the above agencies are requirements in Chapter 6 of the national part of the evidence BSV assesses when the authority for all matters concerning law to the operation of light buses. fatigue-regulated heavy vehicles and driver considering whether driver fatigue was a work diaries. Any queries or concerns bus The effect of the Road Safety Act definition contributing factor to the bus incident and operators or bus drivers have relating to of a bus, the definition of a light bus and whether the operator and or driver has fatigue-regulated heavy vehicles and the law requirement that light buses are subject to complied with their safety duties. Chapter 6 of the national law (the fatigue governing the fatigue management of drivers Contact details for VicRoads and NHVR management requirements) is that all buses of these vehicles should be addressed to and other information on Work Diaries are with seating for more than 12 adults (including VicRoads and the NHVR. provided below. the driver) are captured by the national law Under the national heavy vehicle law a fatigue management requirements. These NHVR General enquiries fatigue-regulated heavy vehicle is defined as: include duties relating to driver fatigue; duties T: 1300 696 487 • a motor vehicle with a gross vehicle mass of employers, schedulers etc; work and rest F: (07) 3309 8777 of more than 12 tonnes hours and arrangements; requirements E: [email protected] • a combination with a gross vehicle mass for record keeping bus drivers, employers, VicRoads of more than 12 tonnes operators etc. T: 13 11 71 • a fatigue-regulated bus Important things to consider when https://www.nhvr.gov.au/files/nhvr- complying with the national law fatigue The national law defines a fatigue regulated national-driver-work-diary-08-2013.pdf management requirements are: bus as a heavy motor vehicle built or fitted https://www.nhvr.gov.au/safety- to carry more than 12 adults (including • the number of adult seating positions accreditation-compliance/fatigue- the driver). The national law notes that a including the driver management/work-diaries-and-record- fatigue regulated bus is a bus that weighs • the GVM of the bus, keeping/work-diaries more than 4.5 tonnes. • where the bus is operating (whether https://www.vicroads.vic.gov.au/business- Chapter 6 of the national law provides the within or outside 100 kilometres of its and-industry/heavy-vehicle-industry/work- requirements for managing heavy vehicle base - as this governs record keeping by diary driver fatigue (which includes a driver of a the driver – work diaries – and operator / fatigue-regulated bus). employer) and

BUS SAFETY NEWS >> 13 HIRE AND DRIVE BUS OPERATORS AND CUSTOMER RELATIONS

BSV is often asked by registered bus One of the football club committee With the principle of shared responsibility operators who provide hire and drive bus members has a light rigid endorsed licence and the principle of participation, services, “What are the hire and drive bus and volunteers to drive the bus. consultation and involvement of all operators responsibilities when they hire affected parties in mind, the hire and Under the Bus Safety Act this type of bus their bus out?” and “Are hire and drive bus drive bus operator would be behaving in service is defined as a Community and operators responsible for ensuring that accordance with these principles by asking Private Bus Service and the bus operator - in the person or entity hiring their bus hold the football club committee member this case the committee of the football club - bus operator registration or accreditation whether the club held bus operator is required to hold bus operator registration. under the Bus Safety Act?” registration and, given that there is a It is now the Wednesday before the next For the first question the answer is very likelihood that this requirement would be away-game for the under 16 side and the new to the football club, suggest to the simple – when hiring out their bus a hire committee member goes to the local hire and drive bus operator is responsible for committee member that they contact BSV and drive operator to book one of his 21 to ascertain the status of the bus service ensuring that the bus is mechanically safe seat hire and drive buses for Saturday’s and in a roadworthy condition. the club will be providing and what legal away-game. permission (registration in this case) was For the second question the answer is The Bus Safety Act is based on the required by the club before operating the probably best given in a scenario format. following five principles that are articulated bus service. Scenario – a country football club hires a in Part 2 of the Act: If the football club were to operate the bus to transport the under 16 team to an 1. Principle of shared responsibility - the bus service unregistered and were this to away match safe operation of bus services is the be detected by either TSV or one of the (Note: While the scenario uses a sporting shared responsibility of the bus operator, other transport regulators or the police, club, this would apply equally to a social bus safety workers, persons who procure then the club and the committee member club, a health service, an educational bus services, persons responsible for would be risking significant penalties - all organisation, a charity or a church group (in locating / establishing / maintaining of which may be avoided by the hire and fact any entity that consists of the carriage bus stops, the Safety Director (that is drive bus operator being proactive in his of passengers by a bus for or in connection Transport Safety Victoria) and members dealings with the person hiring his bus and with the activities of a religious, educational, of the public. highlighting to the hirer where they can obtain information and guidance about the health, welfare, philanthropic, sporting or 2. Principle of accountability for managing legal permission that is required to operate social body and which is provided for no safety risks. consideration or for consideration which their particular type of bus service. 3. Principle of enforcement. is limited to the costs or part of the costs So, to the question of “Are hire and drive bus incurred in making the journey) 4. Principle of transparency and operators responsible for ensuring that the Imagine that we have a hire and drive bus consistency. person or entity hiring their bus hold bus operator in a regional town. The operator 5. Principle of participation, consultation operator registration or accreditation under has a number of 21 seat buses for hire. and involvement of all affected parties the Bus Safety Act?” The answer is no. Also imagine if you will that a local football - persons and classes of persons However, as our scenario above notes, club’s committee has decided, following a referred to (in the principle of shared taking in to account the Bus Safety Act number of their under 16 players failing to responsibility) should participate in or be principles of shared responsibility arrive in time to play the last away-game able to participate in; and be consulted and participation, consultation and due to transport mix ups, that for all future on; and be involved in the formulation involvement of all parties it is BSV’s away-games the club will hire a bus and and implementation of measures to expectation that hire and drive bus all players would be transported to and manage risks to safety associated with operators would alert their customers from all future away-games by bus (at no the provision of bus services. to the need for either bus operator charge to the players). The club has never (Please note: the full wording of the second registration or accreditation as appropriate previously transported players to away- through fourth principles is not given as they to the type of bus service the customer is games by bus. are not directly concerned with this matter) intending to provide. Also, it is just good customer service!

BUS SAFETY NEWS >> 14 THE BUS INDUSTRY WELLNESS TASKFORCE

Dr Julia Evans Chair, Bus Industry Wellness Taskforce

In 2014, the Bus Association of Victoria with their employees with the aim to productivity of our industry and improving (BAV) undertook research into the nature improve employee health, fitness, the quality of life of our people” says Chris and extent of notifiable incidents and satisfaction and productivity. Lowe, Executive Director of the BAV. its impact on bus driver mental health, The outcome will be a set of resource guides Some of the ideas the Taskforce is productivity and the overall reputation that will present ideas on what to do, how exploring include regular health checks for of the industry. The results were both operators can make health and wellness a employees, celebrating key events such as insightful and somewhat concerning. strategic priority and how supervisors can International Bus Driver Appreciation Day One of the key recommendations from best manage and monitor initiatives. and training initiatives on resilience, stress the Report was the establishment of an “As the voluntary professional association and managing personal finances. Industry Taskforce. Formed in April this for the industry, we have taken a leadership The research and Report was co-funded year, the Taskforce comprises metro and position on this very important topic. by Bus Association of Victoria (BAV), regional operators and practitioners The Taskforce is going to help us start Transport Safety Victoria (TSV), the spanning mental health, academia and a conversation on how we can change Transport Workers Union (TWU) and Public workplace education. habits within the industry so that our bus Transport Victoria (PTV). You can obtain The Taskforce is charged with commending drivers are happy, healthy, respected and a copy of the Report from ww.busvic.asn a suite of ideas and initiatives to BAV productive. This has massive, positive under Publications > Reports and Articles. members that can choose to implement flow on effects in terms of increasing the

VICTORIAN COMMUNITY TRANSPORT ASSOCIATION

On 21 May TSV participated in the Victorian BSV’s contribution to the conference BSV’s presentation to the conference was Community Transport Association’s annual included updating conference attendees well received and generated a number of conference held at the Melbourne Zoo. The on the objects and requirements of the Bus follow up enquiries on how community Victorian Community Transport Association Safety Act (BSA); the safety performance and private bus operators can continue to (VCTA) is the peak body representing of registered bus operators since the improve the safety of their bus services and community transport providers in Victoria. commencement of the BSA; bus safety their compliance with the requirements of VCTA advocates for improved community responsibilities of community groups that the BSA. transport across the State in accordance use buses either hired from hire and drive A copy of BSV’s presentation to with their vision of community transport as bus operators or loaned from councils or the VCTA conference is available an essential component of an integrated other bus operators; heavy vehicle fatigue at www.transportsafety.vic.gov.au transport system. law and how this national law relates to the provision of community and private bus services; and TSV’s “Rewarding Good Safety Performance” project.

BUS SAFETY NEWS >> 15 WHERE TO GET MORE INFORMATION Transport Safety Victoria 121 Exhibition Street, Melbourne, Victoria, 3000 PO Box 2797, Melbourne, Victoria, 3001 T. 1800 223 022 F. (03) 9655 6611 E. [email protected] W. www.transportsafety.vic.gov.au Twitter. @TSVsafety

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Published by Transport Safety Victoria © State Government of Victoria 2015 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 , legal or professional advice. The information in this publication is current as at August 2015. ISSN: 1835-4505