Passenger Transport Act 1997

Passenger Transport Act 1997

An Act to replace the public vehicle licensing system with a more flexible scheme of administration that applies only to certain passenger vehicles and passenger transport services and for related purposes

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Passenger Transport Act 1997 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Interpretation

In this Act, unless the contrary intention appears –

bus means a bus within the meaning of the Traffic Act 1925 ;

Commission means the Transport Commission incorporated under the Transport Act 1981 ;

large passenger vehicle means a motor vehicle with a seating capacity of 13 or more adults, including the driver;

limited passenger service means a passenger service referred to in Schedule 2 ;

luxury hire car means a small passenger vehicle that is registered as a public passenger vehicle and as a luxury hire car;

luxury vehicle means a small passenger vehicle that is determined by the Commission to be a luxury vehicle in accordance with Schedule 1 ;

motor vehicle means a motor vehicle within the meaning of the Traffic Act 1925 ;

notice means notice in writing;

public passenger vehicle means a motor vehicle that is registered as a public passenger vehicle pursuant to section 7 ;

registered means registered under the Traffic Act 1925 ;

Registrar means the Registrar of Motor Vehicles;

regular passenger transport service means a transport service that is provided by a motor vehicle and has the following characteristics:

(a) the operator of the service is remunerated for the carriage of passengers;

(b) the service is provided at regular intervals over a route, or between places, according to a schedule that is publicly advertised or ascertainable by a member of the public;

(c) the service is open to use by the general public or by a class of persons such as school children;

small passenger vehicle means a motor vehicle with a seating capacity of less than 13 adults, including the driver, that is designed and constructed primarily for the carriage of passengers;

standard hire car means a small passenger vehicle that is registered as a public passenger vehicle and as a standard hire car;

taxi means a vehicle in respect of which a perpetual taxi licence or temporary taxi licence under the Taxi Industry Act 1995 is in force.

4.   Act does not limit operation of other Acts

Nothing in this Act limits the application of the Traffic Act 1925 or Taxi Industry Act 1995 to any vehicle or person.

5.   Act binds Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

6.   Ordinary passenger use does not constitute use of vehicle for purpose of offences

A person is not guilty of an offence under this Act in relation to the use of any vehicle by reason only that the owner or operator of the vehicle has received a fare, fee or other consideration to carry the person on the vehicle as a passenger.

PART 2 - Passenger vehicles

7.   Registration of public passenger vehicles

(1)  On registering or renewing or transferring the registration of a motor vehicle under the Traffic Act 1925 the Registrar must register it as a public passenger vehicle if –

(a) the vehicle is a large passenger vehicle; or

(b) the vehicle is a small passenger vehicle and the Registrar is satisfied that it will be hired out for reward, together with a driver.

(2)  The Registrar may register a motor vehicle as a public passenger vehicle at any other time on the Registrar's own initiative or on the application of its owner if the Registrar is satisfied that the vehicle would have to be so registered in the circumstances referred to in subsection (1) .

8.   Public passenger vehicle exemptions

(1)  Notwithstanding section 7(1) , the Registrar may at any time exempt a large passenger vehicle from the requirement to be registered as a public passenger vehicle if –

(a) the Registrar is satisfied that the vehicle is to be used only for prescribed private purposes by prescribed persons; or

(b) the vehicle is registered as a hire and drive vehicle and the Registrar is satisfied that it will not be hired out for reward, together with a driver.

(2)  The exemption may be granted on the Registrar's own initiative or on the application of the vehicle's owner.

9.   Subsidiary registration of public passenger vehicles as hire cars

(1)  On registering a small passenger vehicle as a public passenger vehicle, the Registrar must also give it subsidiary registration as –

(a) a luxury hire car if the Commission determines in accordance with Schedule 1 that it is a luxury vehicle; or

(b) a standard hire car in any other case.

(2)  The Registrar may at any time change the subsidiary registration of a public passenger vehicle as follows:

(a) from standard hire car to luxury hire car if the Commission determines in accordance with Schedule 1 that the vehicle is a luxury vehicle;

(b) from luxury hire car to standard hire car if the Commission advises the Registrar that the vehicle is no longer capable of being determined to be a luxury vehicle in accordance with that Schedule.

(3)  The Registrar's power under subsection (2) is exercisable on the Registrar's own initiative or on the application of the vehicle's owner.

10.   Notice of registration or exemption

If a vehicle is registered as a public passenger vehicle or exempted from the requirement to be so registered, the Registrar must, as soon as practicable, give its owner notice –

(a) that it has been so registered or exempted; and

(b) if it is a small passenger vehicle and has been so registered, whether it has been given subsidiary registration as a luxury hire car or standard hire car.

11.   Use of public passenger vehicles

(1)  A vehicle that is registered as a public passenger vehicle and as a luxury hire car may be –

(a) hired out for the purpose of carrying passengers for reward; and

(b) used for private purposes.

(2)  A vehicle that is registered as a public passenger vehicle and as a standard hire car may be –

(a) hired out for the purpose of carrying passengers for reward on limited passenger services; and

(b) used for private purposes.

(3)  Nothing in subsection (1) or (2) authorises a public passenger vehicle to be used –

(a) as a taxi if it is not also licensed and operated in accordance with the Taxi Industry Act 1995 ; or

(b) on a regular passenger transport service if that service is not authorised by the Commission.

12.   Revocation of public passenger vehicle status

(1)  The Registrar may at any time determine that a small passenger vehicle that is registered as a public passenger vehicle does not have to remain so registered if the Registrar is satisfied that the vehicle is no longer being hired out for reward, together with a driver.

(2)  The determination may be made on the Registrar's own initiative or on the application of the vehicle's owner.

(3)  On making the determination the Registrar must, as soon as practicable –

(a) change the status of the vehicle's registration so that it is no longer registered as a public passenger vehicle or as a luxury hire car or standard hire car; and

(b) give notice of the determination and the change of registration to the vehicle's owner.

13.   Revocation of public passenger vehicle exemptions

(1)  The Registrar may at any time revoke an exemption granted under section 8 if the Registrar is satisfied on reasonable grounds that the exemption is no longer warranted or required.

(2)  Subject to subsection (3) , an exemption may be revoked on the Registrar's own initiative or at the request of the vehicle's owner.

(3)  The Registrar must not revoke an exemption on the Registrar's own initiative without first giving the owner a reasonable opportunity to be heard.

(4)  On revoking an exemption, the Registrar must, as soon as practicable –

(a) register the vehicle as a public passenger vehicle; and

(b) give notice of the revocation and the registration to the vehicle's owner.

14.   Large passenger vehicle offences

(1)  In this section,

exempt vehicle means a large passenger vehicle that has been exempted by the Registrar from the requirement to be registered as a public passenger vehicle.

(2)  A person must not, without lawful excuse, drive or use a large passenger vehicle on a public street, or cause or allow a large passenger vehicle to be driven or used on a public street, unless that vehicle is –

(a) registered as a public passenger vehicle; or

(b) an exempt vehicle.

Penalty:  Fine not exceeding 100 penalty units and a daily fine not exceeding 10 penalty units for each day during which the offence continues.

(3)  A person must not, without lawful excuse, drive or use an exempt vehicle on a public street for reward or cause or allow an exempt vehicle to be driven or used on a public street for reward.

Penalty:  Fine not exceeding 100 penalty units and a daily fine not exceeding 10 penalty units for each day during which the offence continues.

15.   Small passenger vehicle offences

(1)  A person must not, without lawful excuse, drive or use a small passenger vehicle on a public street for the purpose of carrying passengers for reward, or cause or allow a small passenger vehicle to be driven or used on a public street for that purpose, unless that vehicle is registered as a public passenger vehicle.

Penalty:  Fine not exceeding 100 penalty units and a daily fine not exceeding 10 penalty units for each day during which the offence continues.

(2)  A person must not, without lawful excuse, drive or use a standard hire car on a public street for reward or cause or allow a standard hire car to be driven or used on a public street for reward, other than to provide a limited passenger service.

Penalty:  Fine not exceeding 20 penalty units.

16.   Using public passenger vehicles as taxis

(1)  In this section,

taxi rank means a part of a public street that, under the Traffic Act 1925 , is reserved for the use of taxis when plying for hire.

(2)  The owner, driver or person in charge of a public passenger vehicle that is not a taxi must not do, or cause or allow another person to do, any of the following acts except in accordance with the prior written permission of the Commission:

(a) stand or park that vehicle on a taxi rank;

(b) describe, by whatever means, that vehicle as a taxi, taxi-cab or cab;

(c) describe, by whatever means, any service for which that vehicle is used as a taxi service, taxi-cab service or cab service;

(d) stand or park the vehicle in a public street for the purpose of soliciting trade for that vehicle.

Penalty:  Fine not exceeding 20 penalty units.

PART 3 - Passenger transport services

17.   Determination of core passenger services

(1)  The Commission may determine –

(a) which regular passenger transport services need to be provided in the State in order to meet the essential travel needs of the community; and

(b) the requirements of each of those regular passenger transport services.

(2)  For the purposes of subsection (1)(a) , the Commission may determine that a regular passenger transport service needs to be provided for the general public or a class of persons –

(a) within a particular area; or

(b) along a particular route; or

(c) between 2 or more places; or

(d) within a particular corridor of land; or

(e) in such other circumstances as may be prescribed.

(3)  Any such regular passenger transport service is taken to be a core passenger service for the purposes of this Act.

18.   Commission must act to ensure core passenger services are provided

(1)  If the whole or any part of a core passenger service is not being provided, the Commission must call for tenders to provide –

(a) the whole or any part of the service; or

(b) the whole or any part of the unprovided part of the service.

(2)  The Commission may then enter into a contract with the successful tenderer or tenderers to provide the service or, if applicable, partial service.

(3)  If no suitable tenders are received, the Commission may enter into a contract with any other person or persons to provide the service or, if applicable, partial service on such conditions as the Commission and the person or persons agree.

(4)  A contract under subsection (2) or (3)  –

(a) may confer on a person an exclusive right to provide the whole or any part of the service; and

(b) may provide for the payment of a public subsidy to a person for providing the whole or any part of the service; and

(c) must include conditions relating to any prescribed matters.

19.   Commission may require contracting parties to be accredited

The Commission may, as a condition of a contract under section 18 or as a condition of entering into any such contract, require a person to be accredited by the Commission in relation to any matter at and from a time determined by the Commission.

20.   Applications to provide regular passenger transport services

(1)  A person may at any time apply to the Commission to provide a regular passenger transport service.

(2)  The Commission must approve the application if it is satisfied that the proposed service is unlikely to adversely affect the commercial viability of a core passenger service that is already being provided by contract under section 18 .

(3)  Even if the Commission is not required to approve the application by virtue of subsection (2) , it may nevertheless approve the application if satisfied that –

(a) the service would be in the public interest; and

(b) the interests of persons who are already providing core passenger services by contract under section 18 and who may be adversely affected by the approval are capable of being addressed contractually.

(4)  The Commission, as soon as practicable after considering the application –

(a) must give the applicant notice whether the application has been approved or refused; and

(b) may give notice of the approval or refusal of the application to any interested person.

21.   Record of regular passenger transport service

(1)  For the purposes of this Part, the Commission must keep a record of authorised regular passenger transport services.

(2)  The Commission must authorise regular passenger transport services in the following circumstances:

(a) on entering into a contract with a person under section 18 to provide the whole or a part of a core passenger service;

(b) on approving an application made by a person under section 20 to provide a regular passenger transport service.

(3)  The Commission must, as soon as practicable after authorising a regular passenger transport service, give the person notice of the authorisation.

(4)  A person must not operate a regular passenger transport service, or cause or allow another person to operate a regular passenger transport service, unless that service is authorised by the Commission.

Penalty:  Fine not exceeding 100 penalty units and a daily fine not exceeding 10 penalty units for each day during which the offence continues.

PART 4 - Miscellaneous

22.   Offences by bodies corporate

(1)  If a body corporate commits an offence against this Act, each person concerned in the management of that body corporate is taken also to have committed the offence and may be convicted of the offence unless the person proves that the act or omission constituting the offence took place without that person’s knowledge or consent.

(2)  A person referred to in subsection (1) may be convicted of an offence against this Act whether or not the body corporate is charged with or convicted of the offence.

23.   Administration and enforcement

This Act is to be administered by the same persons and in the same manner as section 9 of the Traffic Act 1925 provides for that Act to be administered, and that section of that Act applies to the administration of this Act in all respects as if a reference in that section to the Traffic Act 1925 were a reference to this Act.

24.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  Without limiting the generality of subsection (1) , the regulations may provide for all or any of the following:

(a) the review of, and appeals against, decisions made by the Commission and the Registrar;

(b) the procedure for making applications in relation to any matter, and the fees, if any, payable for those applications;

(c) the issue of distinctive items of identification (such as cards, certificates, registration forms, labels, identification plates and number-plates) in relation to persons required to be accredited under Part 3 , public passenger vehicles, luxury hire cars and standard hire cars and the fees, if any, payable for those items;

(d) the obligations of persons in relation to the items of identification referred to in paragraph (c) ;

(e) the conduct, obligations and rights of drivers and operators of public passenger vehicles;

(f) the carriage of persons as passengers in public passenger vehicles and the conduct, obligations and rights of persons as passengers of public passenger vehicles;

(g) standards and requirements, additional to the standards and requirements of the Traffic Act 1925 , of public passenger vehicles and their equipment and fittings;

(h) the granting by the Commission of permits that allow motor vehicles to operate as public passenger vehicles and as luxury hire cars or standard hire cars without being registered as such, in special circumstances;

(i) the regulation and control of regular passenger transport services generally;

(j) the keeping of the regular passenger transport service record, the obligations of authorised persons and the suspension, cancellation and renewal of authorisation;

(k) the regulation and control of the use of luxury hire cars and standard hire cars generally;

(l) the accreditation of persons under Part 3 ;

(m) the service of documents.

(3)  The regulations may –

(a) be of limited or general application; and

(b) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and

(c) authorise any matter to be determined, applied or regulated by the Commission.

(4)  The regulations may –

(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and

(b) in respect of any such offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(5)  The regulations may contain provisions of a savings and transitional nature consequent on the enactment of this Act.

(6)  A provision referred to in subsection (5) may take effect on the day on which this Act commences or a later day.

25.   Amendment of Schedule 1

(1)  The Governor may, by order, amend column 1 of the table in item 1 of Schedule 1 by –

(a) omitting the name of any vehicle; or

(b) inserting the name of any vehicle in any place; or

(c) omitting the name of any vehicle and substituting the name of any other vehicle.

(2)  The Governor may, by the same or a different order, amend column 2 of the table by omitting a maximum age specified in the column and substituting a different maximum age.

(3)  The provisions of sections 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 apply to an order under this section as if the order were regulations within the meaning of that Act.

26.   Part III of Traffic Act 1925 repealed

Part III of the Traffic Act 1925 is repealed.

27.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Transport; and

(b) the Department responsible to the Minister for Transport in relation to the administration of this Act is the Department of Transport.

SCHEDULE 1 - Luxury vehicles

Sections 3 , 9 and 25

1.   The Commission is to determine that a public passenger vehicle is a luxury vehicle for the purposes of this Act if, at the time of making the determination –

(a) it is a vehicle specified in column 1 of the following table and no older than the maximum age specified in column 2 of the table; and

(b) the Commission is satisfied that the vehicle is being maintained at a standard that is commensurate with luxury vehicle status.

Column 1	Column 2
Vehicle	Maximum age
Group 1
Ford Fairlane	5 years
Ford LTD
Holden Caprice
Holden Statesman
Mazda 929
Volvo 960, S90 and V90
Group 2
BMW Series 7	10 years
Cadillac
Daimler
Jaguar
Mercedes Series 230 and above
Toyota Lexus LS400
Group 3
Bentley	20 years
Rolls Royce

2.   The Commission may determine that a vehicle specified in column 1 of the table in item 1 is a luxury vehicle for the purposes of this Act notwithstanding that, it exceeds the maximum age specified in column 2 of the table if the Commission is satisfied, at the time of making the determination, that the vehicle is being maintained at a standard that is commensurate with luxury vehicle status.

3.   The Commission may determine that a stretched or modified version of a vehicle specified in column 1 of the table in item 1 is a luxury vehicle for the purposes of this Act notwithstanding that it exceeds the maximum age specified in column 2 of the table if the Commission is satisfied, at the time of making the determination, that it is being maintained at a standard that is commensurate with luxury vehicle status.

4.   The Commission may determine that a vehicle not specified in column 1 of the table in item 1 is a luxury vehicle for the purposes of this Act if the Commission is satisfied, at the time of making the determination, that –

(a) the vehicle is of at least a comparable standard to a vehicle specified in column 1 of the table; and

(b) the vehicle is being maintained at a standard that is commensurate with luxury vehicle status.

SCHEDULE 2 - Limited passenger services

Section 3

1.   The following passenger services are taken to be limited passenger services for the purposes of this Act:

(a) the hiring out of a classic or vintage car, or a custom car such as a "hot-rod", for weddings or other special occasions, together with a driver;

(b) the hiring out of a motor cycle for irregular tours or general hire, together with a driver;

(c) the hiring out of a bus for irregular tours or general hire, together with a driver;

(d) the hiring out of a small passenger vehicle for adventure, recreational or educational tours, together with a driver;

(e) the use of a small passenger vehicle on regular passenger transport services;

(f) the hiring out of a 4 wheel drive vehicle for irregular tours, together with a driver;

(g) the hiring out of a vehicle that is fitted with a wheelchair lift for general hire by persons with disabilities, together with a driver;

(h) such other passenger services as may be prescribed to be limited passenger services.

[Second reading presentation speech made in:

House of Assembly on 13 NOVEMBER 1997

Legislative Council on 26 NOVEMBER 1997]