Passenger Transport (Consequential and Transitional) Act 1997

Passenger Transport (Consequential and Transitional) Act 1997

An Act to amend certain Acts and provide for transitional and savings matters consequent on the enactment of the Passenger Transport Act 1997 and for the purposes of statute law revision and 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:

1.   Short title

This Act may be cited as the Passenger Transport (Consequential and Transitional) Act 1997 .

2.   Commencement

(1)  This Act, except sections 3A and 5, commences immediately after the Passenger Transport Act 1997 commences.

(2)  Section 5 commences on the expiration of the 3 month period commencing on the day on which the Passenger Transport Act 1997 commences.

(3)  Section 3A commences on a day to be proclaimed.

3.   Consequential amendments

The Acts specified in Schedule 1 are amended as specified in that Schedule.

3A.   Consequential amendments

The Acts specified in Schedule 2A are amended as specified in that Schedule.

4.   Savings and transitional provisions

The savings and transitional provisions set out in Schedule 2 have effect.

5.   Section 30A of Traffic Act 1925 repealed

Section 30A of the Traffic Act 1925 is repealed.

6.   Rescission of by-laws

The by-laws specified in Schedule 3 are rescinded.

7.   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 - Consequential Amendments

Section 3

Litter Act 1973

1.    Section 9 is amended by omitting subsection (4) .

Local Government (Highways) Act 1982

1.    Section 107(2) is amended by omitting paragraph (b) and substituting the following paragraph:

(b) request any person found in or on the premises to –

(i) produce any records in the person's possession or control about the letting of vehicles for hire; and

(ii) answer questions about those records; and

Motor Vehicles Taxation Act 1981

1.    Section 3(1) is amended by omitting the definition of public vehicle .

2.    Section 8 is amended by omitting subsection (2A) and substituting the following subsection:

(2A)  A motor vehicle is exempt from tax if the Commission is satisfied that its owner –

(a) is so severely disabled as to be incapable of using any form of public transport (other than a taxi or wheelchair-accessible vehicle); or

(b) is the parent or guardian of a child who has not attained the age of 16 years and is similarly disabled.

3.   Schedule 1 is amended by inserting "of or" after "GVM" in item 1 under the heading "Other vehicles" in the column headed "Class and type of vehicle".

4.    Clause 1 of Part 1 of Schedule 1A is amended as follows:

(a) by omitting "public vehicle" from the definition of special purpose vehicle and substituting "tow truck";

(b) by inserting the following definition after the definition of special purpose vehicle :

tow truck means a vehicle that is designed and constructed for the removal of disabled vehicles;

Road Safety (Alcohol and Drugs) Act 1970

1.    Section 2 is amended by omitting subsection (2A) and substituting the following subsection:

(2A)  In this Act, prescribed vehicle means –

(a) a public passenger vehicle within the meaning of the Passenger Transport Act 1997 ; or

(b) a vehicle, other than a vehicle referred to in paragraph (a) , that is designed and constructed primarily for the carriage of 13 or more adult passengers, including the driver; or

(c) a vehicle that is not designed and constructed primarily for the carriage of passengers but has a gross vehicle mass exceeding 4·5 tonnes.

2.    Section 6(3)(b) is amended by omitting "public vehicle" and substituting "prescribed vehicle".

3.    Section 18A(1)(c) is amended by omitting "public vehicle" and substituting "prescribed vehicle".

4.    Section 19(1A)(f) is amended by omitting "public vehicle" and substituting "prescribed vehicle".

Roads and Jetties Act 1935

1.    Section 4(3) is amended as follows:

(a) by omitting from paragraph (a)(ii) " Part V ; and" and substituting " Part V .";

(b) by omitting paragraph (b) .

Taxi Industry Act 1995

1.    Section 6(2) is amended by inserting "or the Passenger Transport Act 1997 " after " Traffic Act 1925 ".

Traffic Act 1925

1.   The following section is inserted after section 1:

2.   Act does not apply to aircraft

This Act does not apply to aircraft.

2.   Section 3(1) is amended as follows:

(a) by inserting the following definition after the definition of "provisional licence":

public passenger vehicle means a public passenger vehicle within the meaning of the Passenger Transport Act 1997 ;

(b) by omitting ", other than a public vehicle," from the definition of "special purpose vehicle";

(c) by omitting the definitions of "traffic area" and "Tribunal".

3.    Section 10(1) is amended as follows:

(a) by inserting the following paragraph after paragraph (ja) :

(jb) providing for and regulating the placement and display of identifying information, such as the name and address of an owner or operator and business names, on public passenger vehicles, freight carrying vehicles and other kinds of vehicle specified in the regulations;

(b) by inserting the following paragraphs after paragraph (rb) :

(rc) providing, either generally or in particular cases, requirements to be met in relation to the construction and equipment of public passenger vehicles, freight carrying vehicles and other kinds of vehicle specified in the regulations, including the accommodation to be provided and the number of passengers, and the amount or mass of luggage or goods, that may be carried;

(rd) providing for and regulating the operation of public passenger vehicles generally;

(re) providing for and regulating the use of stands for the use of public passenger vehicles and freight carrying vehicles;

(rf) providing that the driver of a public passenger vehicle or another specified class of vehicle must hold a certificate issued by the Commission (in addition to a driver licence) and generally providing for the issue and control of such certificates;

4.    Sections 30B and 30C are repealed.

5.    Section 31(1) is amended by omitting paragraph (h) .

6.   After section 49A , the following section is inserted in Part V:

49B.   Inspection and search of vehicles

(1)  To ascertain whether this Act or the Passenger Transport Act 1997 is being complied with, a police officer or an authorized officer may inspect any vehicle that reasonably appears to that officer –

(a) to have been designed and constructed primarily as a freight carrying vehicle; or

(b) to be a large passenger vehicle within the meaning of the Passenger Transport Act 1997 ; or

(c) to be a small passenger vehicle within the meaning of the Passenger Transport Act 1997 that has been used for the purpose of carrying passengers for hire or reward.

(2)  The police officer or authorized officer may also –

(a) inspect any equipment attached to or otherwise being used in connection with the vehicle; and

(b) inspect any freight being carried by the vehicle.

(3)  The power of inspection is exercisable –

(a) on a public street or in a public place if the vehicle –

(i) has been stopped for inspection on a public street on in the public place; or

(ii) is parked or standing on the public street on in the public place; or

(b) at a garage, depot or other premises (including a residence) if

(i) it reasonably appears to the officer that the garage, depot or other premises are used in connection with that vehicle; and

(ii) the inspection is carried out at a reasonable time.

(4)  If the premises referred to in subsection (3)(b) are a residence and they are unattended, the officer may only enter the premises if the occupier consents.

(5)  For the purposes of this section, a police officer or an authorized officer may direct a person in charge or apparently in charge of a vehicle to do such one or more of the following things as may be appropriate in the circumstances:

(a) stop the vehicle;

(b) drive and, if the officer considers it appropriate, manoeuvre the vehicle over a short distance;

(c) if the officer considers it appropriate, move the vehicle to a safer and suitable place for the inspection;

(d) open any compartment of the vehicle;

(e) demonstrate the operation of the vehicle or any associated equipment;

(ea) if the officer considers it appropriate - dismantle any equipment used in connection with the vehicle;

(f) answer any reasonable question regarding the vehicle and its registration, use and, if applicable, freight;

(g) produce any documents that are required by this or any other Act to be carried in the vehicle;

(h) if the officer believes the vehicle is unsafe to proceed or go on a public street, secure the vehicle and leave it at the place of inspection pending further action specified by the officer.

(6)  A person must not, without lawful excuse, fail to comply with a direction of a police officer or an authorized officer given to that person under subsection (5) .

Penalty:  Fine not exceeding 25 penalty units.

(7)  If in the course of inspecting a vehicle under this section a police officer or an authorized officer finds any goods that the officer believes to have been stolen the officer may seize and detain those goods.

7.    Section 51 is amended as follows:

(a) by omitting from subsection (1)(a) "licensing or";

(b) by omitting from subsection (1)(a) "licensed or registered, as the case may be" and substituting "registered";

(c) by omitting from subsection (1)(b) "a licence for or registered" and substituting "registration for";

(d) by omitting from subsection (1)(c) " sections 11 or 27 " and substituting " section 11 ";

(e) by omitting from subsection (1)(c) "licence for, or";

(f) by omitting from subsection (1)(c) "licensed or registered, as the case may be," and substituting "registered";

(g) by omitting from subsection (1)(c) "licence for or";

(h) by omitting from subsection (1)(d) " sections 11 or 27 " and substituting " section 11 ";

(i) by omitting paragraph (e) of subsection (1);

(j) by omitting from subsection (1)(ea) " sections 11 or 27 " and substituting " section 11 ";

(k) by omitting from subsection (1)(g) "licensed or";

(l) by omitting paragraph (h) of subsection (1);

(m) by omitting subsection (2) .

8.   Section 58 is amended as follows:

(a) by omitting subsection (1) and substituting the following subsection:

(1)  The Commission may advise the Governor on any State transport or traffic matters.

(b) by omitting subsection (2);

(c) by omitting subsection (3) and substituting the following subsection:

(3)  The Commission may, with the approval of the Minister, hold such public inquiries into any matter relating to State transport or traffic as it thinks fit.

9.    Schedule 3 is repealed.

Transport Act 1981

1.    Section 3(1) is amended by omitting the definition of public vehicle .

2.    Section 6(1)(c) is amended by inserting "and the Passenger Transport Act 1997 " after " Traffic Act 1925 ".

SCHEDULE 2 - Savings and transitional provisions

Section 4

1.   Interpretation

(1) In this Schedule, unless the contrary intention appears –

changeover period means the period that commences on the commencement day and ends on the day immediately before the day on which section 5 commences;

commencement day means the day proclaimed under section 2 of the new Act;

former Act means the Traffic Act 1925 as in force immediately before the commencement day;

licensed means licensed under the former Act;

new Act means the Passenger Transport Act 1997 ;

public vehicle licence means a public vehicle licence, including a temporary public vehicle licence, issued under Part III of the former Act;

Tribunal means the Public Vehicles Licensing Appeal Tribunal constituted under section 30A of the former Act.

(2) Any expression that is defined in the new Act and used in this Schedule has, unless the contrary intention appears in this Schedule, the same meaning in this Schedule as in the new Act.

2.   Termination of public vehicle licensing system

On the commencement day, all public vehicle licences are cancelled.

3.   Omnibuses, coaches and buses

On the commencement day –

(a) a small passenger vehicle that was licensed as an omnibus or coach, including a school coach, is taken to be registered as a public passenger vehicle and also as a standard hire car unless the Registrar determines on reasonable grounds that the vehicle is not let for hire with a driver for reward and, in that case, the vehicle is not to be registered as a public passenger vehicle or to be taken to be so registered; and

(b) a large passenger vehicle that was licensed as an omnibus or coach, including a school coach, is taken to be registered as a public passenger vehicle; and

(c) a large passenger vehicle that was not licensed as a public vehicle is taken to be exempt from the requirement to be registered as a public passenger vehicle.

4.   Hire cars

On the commencement day –

(a) a small passenger vehicle that was licensed as a hire car is, if the licence was endorsed for use as a prestige hire car, taken to be a luxury vehicle and registered as a public passenger vehicle and as a luxury hire car; and

(b) a small passenger vehicle that was licensed as a hire car is, if the licence was not endorsed for use as a prestige hire car, taken to be registered as a public passenger vehicle and as a standard hire car unless the Registrar determines on reasonable grounds that the vehicle is not let for hire with a driver for reward and, in that case, the vehicle is not to be registered as a public passenger vehicle or to be taken to be so registered.

5.   Taxi

A vehicle that was a taxi immediately before the commencement day is, on that day, taken to be registered as a public passenger vehicle and also –

(a) if the Commission determines that the vehicle is a luxury vehicle, as a luxury hire car; or

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

6.   Hire and drive vehicles

On the commencement day, a motor vehicle in respect of which a licence under section 14A of the former Act was held immediately before that day is, if the vehicle is designed and constructed primarily for the carriage of passengers, taken to be registered as a hire and drive vehicle.

7.   Regular passenger transport services

On the commencement day, a regular passenger transport service that was being provided with the approval of the Commission before that day by licensed omnibuses or coaches, including school coaches, is taken to be an authorised regular passenger transport service.

8.   Termination of Tribunal

On the expiration of the changeover period, the Tribunal ceases to exist and all subsisting appointments under section 30A(2) of the former Act are terminated.

9.   Tribunal to wind up proceedings

(1) If, before the commencement day, notice of an appeal had been lodged with the Tribunal under the former Act but by that day the hearing of the appeal had not commenced or had commenced and not been concluded, no further proceedings are to be had in respect of the appeal.

(2) The Tribunal may, with or without hearing any person, make such orders relating to the termination of the proceedings as it thinks just and reasonable in the circumstances.

(3) The matters in respect of which the Tribunal may make orders under subclause (2) include, but are not limited to, the following:

(a) the costs of the appeal;

(b) the disposal of the deposit in the appeal;

(c) the expenses of any witnesses;

(d) the custody of any documents.

(4) For the purposes of making an order under subclause (2) the Tribunal may have regard to such matters as it thinks fit.

(5) The Tribunal must give notice of an order under subclause (2) to each person who is affected by that order.

(6) In the event that the Tribunal does not for any reason make an order as to costs under subclause (2) , each party is responsible for and must pay their own costs in the appeal.

(7) In the event that the Tribunal does not for any reason make an order as to the disposal of the deposit under subclause (2) , the deposit is –

(a) forfeited to the Crown if the hearing of the appeal had commenced by the commencement day; or

(b) to be refunded to the appellant if the hearing of the appeal had not commenced by that day.

(8) If the deposit is forfeited it is to be paid into the Consolidated Fund.

SCHEDULE 2A - Consequential Amendments

Section 3A

Traffic Act 1925

1.    Section 14AB is amended as follows:

(a) by omitting "or an aircraft" from the definition of owner in subsection (1) ;

(b) by omitting "or aircraft" from paragraph (a) of the definition of owner in subsection (1) ;

(c) by omitting "or aircraft" from paragraph (a) of the definition of owner in subsection (1) ;

(d) by omitting subsections (2) , (3) , (4) and (5) and substituting the following subsections:

(2)  A motor vehicle is taken to be a public vehicle for the purposes of this Act if it –

(a) applies for passenger trade, or stands for hire by passengers, on a public street; or

(b) is used or let for the carriage of passengers for hire or any other consideration; or

(c) is used for the carriage of more than 8 persons, exclusive of the driver, each of whom has attained the age of 12 years.

(3)  An aircraft is not a public vehicle for the purposes of this Act.

2.    Section 15 is amended as follows:

(a) by omitting paragraph (a) from subsection (2) ;

(b) by omitting from subsection (2)(e) "licences;" and substituting "licences.";

(c) by omitting paragraphs (f) , (g) and (h) from subsection (2) ;

(d) by omitting paragraph (a) from subsection (3) ;

(e) by omitting from subsection (3)(e) "area;" and substituting "area.";

(f) by omitting paragraphs (f) , (g) and (h) from subsection (3) ;

(g) by omitting from subsection (8) ", a hire-car licence, or a cart licence" and substituting "or a hire car licence";

(h) by omitting from subsection (9) "or an aircraft";

(i) by omitting subsection (10) .

3.    Section 16(1) is amended by omitting "or an aircraft and such a licence authorises the carriage of passengers or goods in that vehicle or aircraft" and substituting "and such a licence authorises the carriage of passengers in that vehicle".

4.    Section 16A(2) is amended by omitting "(other than an ancillary licence)".

5.    Section 16B is amended as follows:

(a) by omitting from subsection (2) "an ancillary licence or";

(b) by omitting subsection (3) .

6.    Section 16C is amended as follows:

(a) by omitting subsection (5) ;

(b) by omitting from subsection (10) "an ancillary licence, or".

7.    Section 17(1)(b) is amended by omitting "and freights".

8.    Section 18 is amended as follows:

(a) by omitting subsection (1) ;

(b) by omitting subsection (3) .

9.    Section 19 is amended as follows:

(a) by omitting from subsection (3A) "(other than an ancillary licence)";

(b) by omitting from subsection (4) "or aircraft" three times occurring.

10.    Section 20(1) is amended as follows:

(a) by omitting from paragraph (b) "or aircraft";

(b) by omitting from paragraph (b) "or aircraft" second occurring;

(c) by omitting from paragraph (c) "freights and".

11.    Section 20A is amended as follows:

(a) by omitting from subsection (3)(a) "and freight charges";

(b) by omitting subsection (4) ;

(c) by omitting from subsection (5) "or subsection (4) ";

(d) by omitting "kilograms;" from paragraph (b) of the definition of passenger-carrying vehicle in subsection (8) and substituting "kilograms.";

(e) by omitting the definition of goods-carrying vehicle from subsection (8) .

12.    Section 20B is amended as follows:

(a) by omitting from subsection (1) "solely for the carriage of passengers or goods, or both,";

(b) by omitting subsection (2) .

13.    Section 22A is amended as follows:

(a) by omitting from subsection (4) "and freights to be charged for the carriage of passengers or goods," and substituting "to be charged for the carriage of passengers,";

(b) by omitting subsection (5) .

14.    Section 24 is amended as follows:

(a) by omitting subsection (5A) ;

(b) by omitting from subsection (8) "or aircraft";

(c) by omitting subsection (9A) ;

(d) by omitting from subsection (10A) "or aircraft" first occurring;

(e) by omitting from subsection (10A)(a) "or aircraft";

(f) by omitting from subsection (10A)(b) "or aircraft";

(g) by omitting from subsection (10B) "or aircraft" twice occurring;

(h) by omitting subsections (13) and (14) .

15.    Section 25 is amended as follows:

(a) by omitting paragraphs (a) and (b) from subsection (1) and substituting the following paragraphs:

(a) any vehicle in respect of which a licence is in force or which the officer has reason to believe is being used as a public vehicle; and

(b) any vehicle that is in or on any premises occupied by a licensee or used in connection with the operation of vehicles under the authority of a licence; and

(c) any equipment on a vehicle that the officer may inspect under paragraph (a) or (b)  –

(b) by omitting from subsection (2A) "or aircraft" twice occurring.

16.    Section 30(1) is amended as follows:

(a) by omitting from paragraph (f) "horses, harness, or";

(b) by omitting paragraph (q) .

17.    Section 30B is amended as follows:

(a) by omitting from subsection (1)(a)(ia) "or an ancillary licence under Part III ";

(b) by omitting subsection (1A) .

18.    Section 58(1)(d) is amended by omitting ", freights,".

19.    Schedule 3 is amended as follows:

(a) by omitting the following items

	(c)	Carrier licences and cart licences	$6.
2.	Public vehicle licences in respect of horse-drawn vehicles:—
	(a)	Omnibus licences	$4.
	(b)	Cab licences	$1.
	(c)	Carrier licences and cart licences	$2.
3.	Aircraft licences	$2.

from Part I ;

(b) by omitting the following item

1.

Issue or renewal of an ancillary licence

$3.

from Part II .

SCHEDULE 3 - Rescission of by-laws

Section 6

[Second reading presentation speech made in:

House of Assembly on 19 NOVEMBER 1997

Legislative Council on 26 NOVEMBER 1997]