Passenger Transport (Consequential and Transitional) Amendment Act 1999

Passenger Transport (Consequential and Transitional) Amendment Act 1999

An Act to amend the Passenger Transport (Consequential and Transitional) Act 1997

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) Amendment Act 1999 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Passenger Transport (Consequential and Transitional) Act 1997 is referred to as the Principal Act.

4.   Section 2 amended (Commencement)

Section 2 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "section 5" and substituting "sections 3A and 5";

(b) by inserting the following subsection after subsection (2):

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

5.   Section 2A inserted

After section 2 of the Principal Act , the following section is inserted:

2A.   Incorporation

This Act is to be incorporated with, and read as one with, the Passenger Transport Act 1997 .

6.   Section 3A inserted

After section 3 of the Principal Act, the following section is inserted :

3A.    Traffic Act 1925 amendments

The amendments of the Traffic Act 1925 set out in Schedule 2A have effect.

7.   Schedule 1 amended

Schedule 1 to the Principal Act is amended as follows:

(a) by inserting the following after the item relating to the Litter Act 1973:

Local Government (Highways) Act 1982
(No. 57 of 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

(b) by inserting the following after item 1 of the item relating to the Motor Vehicles Taxation Act 1981:

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.

(c) by renumbering items 2 and 3 of the item relating to the Motor Vehicles Taxation Act 1981 as 3 and 4 respectively;

(d) by inserting the following after the item relating to the Road Safety (Alcohol and Drugs) Act 1970:

Roads and Jetties Act 1935
(No. 82 of 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).

(e) by inserting the following paragraph after proposed paragraph (re) of item 3(b) of the item relating to the Traffic Act 1925:

(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;

(f) by omitting subsection (3) of proposed section 49B in item 6 of the item relating to the Traffic Act 1925 and substituting the following subsection:

(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 or in the public place; or

(ii) is parked or standing on the public street or 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.

(g) by omitting paragraph (e) of proposed section 49B(5) in item 6 of the item relating to the Traffic Act 1925 and substituting the following paragraphs:

(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;

8.   Schedule 2 amended

Schedule 2 to the Passenger Transport (Consequential and Transitional) Act 1997 is amended as follows:

(a) by inserting the following heading after Schedule 2 :

General

(b) by inserting the following definitions before the definition of changeover period in clause 1(1) of Part 1 :

accreditation has the same meaning as in the new Act;

authorized officer means an authorized officer within the meaning of the Traffic Act 1925 ;

(c) by inserting the following definitions after the definition of new Act in clause 1(1) of Part 1 :

owner, for a vehicle, means the person who, either under the Traffic Act 1925 or another Act dealing with vehicle registration, is the registered owner or registered operator of the vehicle;

police officer means a police officer within the meaning of the Police Regulation Act 1898 ;

(d) by inserting the following definitions after the definition of public vehicle licence in clause 1(1) of Part 1 :

transitional licence means a transitional licence issued under Part 3 of this Schedule;

transitional licensee means the holder of a transitional licence;

transitional period means the 5 year period that commences on the commencement day;

(e) by inserting the following heading after clause 7 in Part 1 :

The Tribunal

(f) by inserting the following Parts after the heading :

PART 3 - Transitional Licences

10.   Certain buses not to be used without transitional licence

(1) During the transitional period a person must not use a bus other than for an approved purpose, or cause or allow another person to use a bus other than for an approved purpose, unless –

(a) the bus is registered as a public passenger vehicle pursuant to the new Act and its owner holds a transitional licence which applies to that bus; or

(b) the bus is exempted under the new Act from the requirement to be registered as a public passenger vehicle.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 100 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 200 penalty units.

(2) For subclause (1) , an approved purpose is –

(a) a private purpose; or

(b) the provision of a regular passenger transport service; or

(c) the provision of a hire and drive service in accordance with the conditions of an accreditation; or

(d) the provision of a restricted tour or charter service (or a community, private or courtesy service) in accordance with the conditions of a public passenger service accreditation.

11.   Issue of transitional licences and register

(1) Transitional licences are to be issued by the Commission in accordance with this Part.

(2) Except as provided by clause 16 , a person may be issued with any number of transitional licences but such a licence is not capable of applying to more than one bus.

(3) A transitional licence is to be in a form approved by the Commission but it must adequately identify the transitional licensee and the bus the licence applies to.

(4) For the purposes of this Part, the Commission must keep a register of transitional licences until at least the end of the transitional period.

(5) The register is to contain such information as the Commission considers necessary or expedient for the purposes of this Part and any prescribed information.

12.   Transfer, variation and surrender

(1) A transitional licence may be transferred to another person if –

(a) the transitional licensee applies to the Commission for approval and pays a prescribed fee; and

(b) the Commission approves the transfer.

(2) A transitional licence may be varied so that it applies to another bus if –

(a) the transitional licensee applies to the Commission for approval and pays a prescribed fee; and

(b) the Commission approves the variation.

(3) The Commission must not unreasonably refuse an application under this clause.

(4) A transitional licence may be surrendered to the Commission at any time but it has no surrender value.

13.   Expiry, suspension and cancellation

(1) A transitional licence is to be issued for the whole of the transitional period but expires when that period expires.

(2) A transitional licence is taken to have been suspended if the transitional licensee is given notice by the Commission that the bus to which the licence applies –

(a) has ceased for any reason to be registered as a public passenger vehicle and is not exempt from the requirement to be so registered; or

(b) has been found by an authorised vehicle inspection to be unsuitable for use as a passenger-carrying vehicle.

(3) The Commission, by notice, may revoke the suspension if –

(a) in a case to which subclause (2)(a) applies – the bus is again registered as a public passenger vehicle or is exempted from the requirement to be so registered; or

(b) in a case to which subclause (2)(b) applies – the bus is again found by an authorised vehicle inspection to be suitable for use as a passenger-carrying vehicle.

(4) If the suspension is not revoked within 6 months, the Commission may, in its discretion, cancel the licence by giving notice of the cancellation to the licensee.

(5) For subclauses (2) and (3) , a vehicle inspection is authorised if it is carried out by a person who may lawfully inspect vehicles for the purposes of the Traffic Act 1925 or any other Act that regulates vehicles or traffic.

(6) The Commission may cancel or suspend a transitional licence if the holder of the licence is found guilty of more than one offence under this Part in respect of that licence or any other transitional licence.

(7) While a transitional licence is suspended it is not valid for any purpose.

14.   Identification of licensed vehicles, &c.

(1) The Commission may issue a transitional licensee with a distinguishing plate or label for the bus to which the licensee’s licence applies, together with instructions for affixing the plate or label to the vehicle.

(2) A transitional licensee who is issued with a distinguishing plate or label for a vehicle under subclause (1) must affix that plate or label to the bus, and keep it so affixed, in accordance with the instructions issued to the person under that subclause.

Penalty:  Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

(3) The holder of a transitional licence must produce the licence to a police officer or an authorized officer who demands to see it.

Penalty:  Fine not exceeding 5 penalty units.

(4) A person who is unable immediately to comply with subclause (3) is nevertheless taken to have so complied if the person produces the licence at a police station within 7 days of the demand.

15.   Holder of certain public vehicle licences to be issued with transitional licences

(1) A person who held a public vehicle licence for a vehicle immediately before the commencement day is to be issued with a transitional licence for the same vehicle on that day if the public vehicle licence was –

(a) an omnibus licence endorsed with the words “open omnibus licence”; or

(b) a coach licence endorsed with the words “open omnibus exemption”; or

(c) an omnibus or coach licence that the Commission is satisfied had conditions and entitlements of equivalent effect to those of a licence referred to in paragraph (a) or (b) notwithstanding the absence of an endorsement of the kind specified in either of those paragraphs.

(2) This clause has effect subject to clause 16 .

16.   Transitional licences for Metro Tasmania Pty. Ltd.

(1) Before it performs its duty under clause 15, the Commission must calculate how many transitional licences Metro Tasmania Pty. Ltd. would, but for this clause, be entitled to be issued with under that clause.

(2) Notwithstanding clause 15  –

(a) if the number is less than 25, the Commission must nevertheless issue Metro Tasmania Pty. Ltd. with 25 transitional licences under that clause; and

(b) if the number is 25 or more, the Commission must not issue Metro Tasmania Pty. Ltd. with more than that number of transitional licences under that clause.

(3) In a case to which subclause (2)(a) applies, Metro Tasmania Pty. Ltd. may nominate which vehicle each of the additional licences will apply to but, in default, the Commission may nominate the vehicle.

PART 4 - Accreditation

17.   Accreditation for holder of hire and drive vehicle licences

(1) On the commencement day, a person who held a licence under section 14A of the former Act immediately before that day is to be granted accreditation as an operator of a hire and drive service under and subject to Part 2A of the new Act for a period of 3 years.

(2) In determining the initial conditions of the accreditation the Commission is to have regard to the principle that those conditions should, as far as practicable, match the conditions of the licence that the person held under section 14A of the former Act.

(3) For subclause (1) , the Commission must issue the person with an accreditation certificate, and record particulars of the accreditation in the Accreditation Register, without delay.

18.   Accreditation for holder of public vehicle licence

(1) On the commencement day, a person who held a public vehicle licence of a prescribed kind immediately before that day is to be granted accreditation as an operator of a public passenger service under and subject to Part 2A of the new Act for a period of 3 years.

(2) The accreditation is to be granted –

(a) for the category or categories of service that the Commission reasonably determines most closely match the kind, and the conditions, of the public vehicle licence held by the person; and

(b) on initial conditions that, as far as practicable, match the conditions of that licence.

(3) In exercising power under this clause the Commission is to have regard to the principle that, on and after the commencement day, a person to whom the clause applies should, as far as practicable, be able to continue providing the same passenger transport services that the person was authorised to provide immediately before that day under a public vehicle licence.

(4) For subclause (1) , the Commission must issue the person with an accreditation certificate, and record particulars of the accreditation in the Accreditation Register, without delay.

(5) For this clause a public vehicle licence is taken to have been of a prescribed kind if it was a coach licence, omnibus licence or hire-car licence.

19.   Accreditation for transitional licensees

(1) Each person who is issued with a transitional licence under Part 3 of this Schedule is to be immediately granted accreditation as an operator of a public passenger service under and subject to Part 2A of the new Act (for the open tour or charter service category) for a period of 3 years.

(2) For subclause (1) , the Commission must issue the person with an accreditation certificate, and record particulars of the accreditation in the Accreditation Register, without delay.

20.   Limitation on Commission’s power of accreditation

(1) Except as may be required under clause 17 , during the first 12 months of the transitional period the Commission must not accredit a person as an operator for a hire and drive service under Part 2A of the new Act if the person proposes to use a large passenger vehicle to provide that service or any part of that service.

(2) Subclause (1) has effect notwithstanding Part 2A of the new Act.

9.   Schedule 2A inserted

After Schedule 2 to the Principal Act, the following Schedule is inserted:

SCHEDULE 2A - Traffic Act 1925 amendments

1.   The Traffic Act 1925 is amended as follows:

(a) by omitting from the definition of "owner" in section 14AB (1) "or an aircraft";

(b) by omitting from paragraph (a) of the definition of "owner" in section 14AB (1) "or aircraft" (twice occurring);

(c) by omitting subsections (2) and (3) of section 14AB 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.

(d) by omitting subsections (4) and (5) of section 14AB;

(e) by omitting paragraph (a) of section 15 (2);

(f) by omitting from section 15 (2) (e) "licences;" and substituting "licences.";

(g) by omitting paragraphs (f), (g) and (h) of section 15 (2);

(h) by omitting paragraph (a) of section 15 (3);

(i) by omitting from section 15 (3) (e) "area;" and substituting "area.";

(j) by omitting paragraphs (f), (g) and (h) of section 15 (3);

(k) by omitting from section 15 (8) ", a hire-car licence, or a cart licence" and substituting "or a hire car licence";

(l) by omitting from section 15 (9) "or an aircraft";

(m) by omitting subsection (10) of section 15;

(n) by omitting from section 16 (1) "or an aircraft and such a licence authorizes 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";

(o) by omitting from section 16A (2) "(other than an ancillary licence)";

(p) by omitting from section 16B (2) "an ancillary licence or";

(q) by omitting subsection (3) of section 16B;

(r) by omitting subsection (5) of section 16C;

(s) by omitting from section 16C (10) "an ancillary licence or";

(t) by omitting from section 17 (1) (b) "and freights";

(u) by omitting subsection (1) of section 18;

(v) by omitting subsection (3) of section 18;

(w) by omitting from section 19 (3A) "(other than an ancillary licence)";

(x) by omitting from section 19 (4) "or aircraft" (where occurring);

(y) by omitting from section 20 (1) (b) "or aircraft" (twice occurring);

(z) by omitting from section 20 (1) (c) "freights and";

(za) by omitting from section 20A (3) (a) "and freight charges";

(zb) by omitting subsection (4) of section 20A;

(zc) by omitting from section 20A (5) "or subsection (4)";

(zd) by omitting from section 20A (8) "kilograms;" and substituting "kilograms.";

(ze) by omitting from section 20A(8) the definition of "goods-carrying vehicle";

(zf) by omitting from section 20B "solely for the carriage of passengers or goods, or both,";

(zg) by omitting subsection (2) of section 20B;

(zh) by omitting from section 22A (4) "and freights to be charged for the carriage of passengers or goods" and substituting "to be charged for the carriage of passengers";

(zi) by omitting subsection (5) of section 22A;

(zj) by omitting subsection (5A) of section 24;

(zk) by omitting from section 24 (8) "or aircraft";

(zl) by omitting subsection (9A) of section 24;

(zm) by omitting from section 24 (10A) "or aircraft" (where occurring);

(zn) by omitting from section 24 (10B) "or aircraft" (twice occurring);

(zo) by omitting subsections (13) and (14) of section 24;

(zp) by omitting paragraphs (a) and (b) of section 25 (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) –

(zq) by omitting from section 25 (2A) "or aircraft" (twice occurring);

(zr) by omitting from section 30 (1) (f) "horses, harness, or";

(zs) by omitting paragraph (q) of section 30 (1);

(zt) by omitting from section 30B (1) (a) (ia) "or an ancillary licence under Part III";

(zu) by omitting subsection (1A) of section 30B;

(zv) by omitting from section 58 (1) (d) ", freights,";

(zw) by omitting items 1(c), 2 and 3 from Part I of Schedule 3;

(zx) by omitting item 1 from Part II of Schedule 3.

[Second reading presentation speech made in:

House of Assembly on 30 NOVEMBER 1999

Legislative Council on 2 DECEMBER 1999]