Passenger Transport Amendment Regulations 2003

Passenger Transport Amendment Regulations 2003

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Passenger Transport Act 1997 .

G. S. M. GREEN

Governor

By His Excellency's Command,

J. G. COX

Minister for Infrastructure

1.   Short title

These regulations may be cited as the Passenger Transport Amendment Regulations 2003 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Passenger Transport Regulations 2000 are referred to as the Principal Regulations.

4.    Regulations 26A and 26B inserted

After regulation 26 of the Principal Regulations , the following regulations are inserted in Part 5:

26A.   Regulation of operation of regular passenger transport services

(1)  If the Commission approves an application to provide a regular passenger transport service made under section 20 of the Act, the Commission may make a determination in respect of one or more of the following matters:

(a) the conduct, obligations and rights of drivers and operators of the service;

(b) the obligations of the accredited operator of the service;

(c) the review, regulation and control of the service in general.

(2)  Without limiting subregulation (1) , the determination may include –

(a) the route, and timetable, that the service must follow; and

(b) the areas where the service may, or may not, pick up or set down passengers; and

(c) if the person operating the service is to be remunerated by the charging of fares, the fares that may be charged on the service.

(3)  A person operating a regular passenger transport service approved under section 20 of the Act must comply with a determination made under subregulation (1) .

Penalty:  Fine not exceeding 50 penalty units.

26B.   Suspension or cancellation of authorisation

(1)  The Commission may suspend or cancel the authorisation of a regular passenger transport service, authorised under section 21(2)(b) of the Act or taken to be an authorised regular passenger transport service by reason of clause 7 of Part 1 of Schedule 2 to the Passenger Transport (Consequential and Transitional) Act 1997 , if –

(a) the accredited operator has his or her accreditation suspended or cancelled, or made probationary, under section 16P of the Act; or

(b) the Commission believes, on reasonable grounds, that the person operating the service has breached and will continue to breach, or has consistently breached, regulation 26A ; or

(c) the accredited operator has surrendered the authorisation of the regular passenger service to the Commission; or

(d) the accredited operator has not operated a regular passenger transport service under the authorisation within the last 12 months.

(2)  The Commission may cancel the authorisation of a regular passenger transport service, authorised under section 21(2)(a) of the Act or taken to be an authorised regular passenger transport service by reason of clause 7 of Part 1 of Schedule 2 to the Passenger Transport (Consequential and Transitional) Act 1997 , if the contract under section 18 of the Act has expired or been terminated.

(3)  The Commission must not exercise its power under this regulation without giving the accredited operator of the service –

(a) notice of its intention to exercise its power under this regulation; and

(b) the reasons it intends to exercise the power; and

(c) at least 3 days to respond to the notice.

(4)  After complying with subregulation (3) , the Commission must, in writing, inform the accredited operator –

(a) whether the authorisation is suspended or cancelled; and

(b) if the authorisation is suspended or cancelled, of the day on which the suspension or cancellation takes effect.

(5)  Subregulations (3) and (4) do not apply where the Commission is satisfied that there is an immediate and serious danger to public safety.

(6)  The Commission is to record particulars of the cancellation or suspension in the record of the authorised service kept under section 21 of the Act.

(7)  The Commission may at any time revoke a suspension under this regulation if it is satisfied that the suspension is no longer merited.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 3 September 2003

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) allowing the Commission to make determinations regulating the operation of regular passenger transport services; and

(b) providing that it is an offence not to comply with such a determination; and

(c) allowing the Commission to suspend or cancel the authorisation of a regular passenger transport service.