Traffic (Compliance and Enforcement) Amendment Regulations 2013

Traffic (Compliance and Enforcement) Amendment Regulations 2013

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 Traffic Act 1925 .

30 September 2013

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

D. J. O'BYRNE

Minister for Infrastructure

1.   Short title

These regulations may be cited as the Traffic (Compliance and Enforcement) Amendment Regulations 2013 .

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 Traffic (Compliance and Enforcement) Regulations 2011 are referred to as the Principal Regulations.

4.    Schedule 1 amended (Traffic infringement notice offences)

Schedule 1 to the Principal Regulations is amended as follows:

(a) by omitting the definitions of PTA and PTR from clause 1 of Part 1 and substituting the following definitions:

PTSA means the Passenger Transport Services Act 2011 ;

PTSR means the Passenger Transport Services Regulations 2013 ;

RHVIR means the Restricted Hire Vehicle Industry Regulations 2013 ;

(b) by omitting the definitions of TIR and TLHCIA from clause 1 of Part 1 and substituting the following definitions:

THVIA means the Taxi and Hire Vehicle Industries Act 2008 ;

TIR means the Taxi Industry Regulations 2008 ;

(c) by omitting items 103 and 104 from Division 1 of Part 2 and substituting the following:

103.	Division 4 – Taxi and hire vehicle offences
104.	Subdivision 1 – Taxi and Hire Vehicle Industries Act 2008

(d) by omitting item 110 from Division 1 of Part 2 and substituting the following:

109A.	Restricted hire vehicle offences	804A
110.	Miscellaneous taxi, luxury hire car and restricted hire vehicle offences	805 – 818

(e) by omitting item 120 from Division 1 of Part 2 ;

(f) by omitting items 126 , 127 , 128 , 129 , 130 , 131 , 132 , 133 , 134 , 135 , 136 and 137 from Division 1 of Part 2 and substituting the following:

126.	Logbook offences	963A – 965
126A.	Licensing offences	966 – 967
126B.	Subdivision 4 –Restricted Hire Vehicle Industry Regulations 2013
126C.	Restricted hire vehicle offences	967A – 967B
126D.	Security camera offences	967C – 967H
126E.	Licence number plate offences	967I – 967R
126F.	Label offences	967S – 967W
126G.	Logbook offences	967X – 967Z
126H.	Licensing offences	967ZA – 967ZB
127.	Division 5 – Passenger transport offences
128.	Subdivision 1 – Passenger Transport Services Act 2011
129.	Accreditation offences	968 – 974
130.	Regular passenger service offences	975
131.	Miscellaneous offences	976
132.	Subdivision 2 – Passenger Transport Services Regulations 2013
133.	Passenger services offences	978 – 982
134.	Travel and traveller offences	983 – 1012
135.	Miscellaneous offences	1013 – 1018

(g) by omitting from the heading to Division 4 of Part 2 "Taxi and luxury hire car offences" and substituting "Taxi and hire vehicle offences";

(h) by omitting Subdivision 1 from Division 4 of Part 2 and substituting the following Subdivision:

Subdivision 1 - Taxi and Hire Vehicle Industries Act 2008

Col 1	Col 2	Col 3	Col 4	Col 5
Item	Legislation creating offence	Offence	Fine $	Demerit points
		Perpetual taxi licence offences
794.	THVIA 14(4)	Responsible operator operate, or cause or permit another person to operate, taxi service under lapsed perpetual taxi licence	400	0
795.	THVIA 14(5)	Perpetual taxi licence owner operate, or cause or permit another person to operate, taxi service under lapsed licence	400	0
		Owner-operator taxi licence offences
796.	THVIA 30(4)	Holder of lapsed owner-operator taxi licence operate, or cause or permit another person to operate, taxi service under lapsed licence	400	0
797.	THVIA 38	Owner-operator taxi licence holder fail to comply with Commission notice to deliver up licence as specified	180	0
		Wheelchair-accessible taxi licence offences
798.	THVIA 45	Wheelchair-accessible taxi licence holder use vehicle other than specified vehicle without authority	400	0
799.	THVIA 48(4)	Holder of lapsed wheelchair-accessible taxi licence operate, or cause or permit another person to operate, taxi service under lapsed licence	400	0
800.	THVIA 51(6)	Wheelchair-accessible taxi licence holder fail to affix, keep affixed and remove licence number plate as specified	150	0
801.	THVIA 56	Wheelchair-accessible taxi licence holder fail to comply with Commission notice to deliver up licence as specified	180	0
		Temporary taxi licence offences
802.	THVIA 66	Temporary taxi licence holder fail to comply with Commission notice to deliver up licence as specified	180	0
		Luxury hire car licence offences
803.	THVIA 76(4)	Holder of lapsed luxury hire car licence operate, or cause or permit another person to operate, luxury hire car service under lapsed licence	400	0
804.	THVIA 83	Luxury hire car licence holder fail to comply with Commission notice to deliver up licence as specified	180	0
		Restricted hire vehicle offences
804A.	THVIA 84Q	Restricted hire vehicle licence holder fail to comply with Commission notice to deliver up licence as specified	180
		Miscellaneous taxi, luxury hire car and restricted hire vehicle offences
805.	THVIA 90	Fail to give Commission, within specified period, any licence number plate issued in respect of surrendered licence	180	0
806.	THVIA 90	Fail to give Commission, within specified period, any licence number plate issued in respect of licence required to be delivered up	180	0
807.	THVIA 91(1)	Driver operate taxi from taxi zone not within relevant taxi area	250	0
808.	THVIA 91(2)	Driver operate taxi where hiring is commenced and completed entirely outside relevant taxi area	250	0
809.	THVIA 91(3)	Responsible operator permit taxi to operate from taxi zone not within relevant taxi area	250	0
810.	THVIA 91(4)	Responsible operator permit hiring of taxi to commence and be completed entirely outside relevant taxi area	250	0
810A.	THVIA 91A	Hire out small passenger vehicle that is not a taxi to person hailing it on a public street, without prior authorisation of Commission	150	0
810B.	THVIA 91C(1)	Solicit passenger trade for motor vehicle on a public street without prior authorisation of Commission	250	0
810C.	THVIA 91D(1)	Stand or park taxi, on a public street that is not a taxi zone, other than in specified circumstances	150	0
810D.	THVIA 91D(2)	Stand or park small passenger vehicle available for hire, that is not taxi, on a public street without prior authorisation of Commission other than in specified circumstances	150	0
810E.	THVIA 91E(3)	Operate restricted hire vehicle service with small passenger vehicle if vehicle is at any other time also used as a taxi without complying with specified requirements	150	0
811.	THVIA 97(3)	Perpetual taxi licence owner fail to supply written information as required by Commission within specified period	180	0
812.	THVIA 97(3)	Perpetual taxi licence responsible operator fail to supply written information as required by Commission within specified period	180	0
813.	THVIA 97(3)	Owner-operator taxi licence holder fail to supply written information as required by Commission within specified period	180	0
814.	THVIA 97(3)	Wheelchair-accessible taxi licence holder fail to supply written information as required by Commission within specified period	180	0
815.	THVIA 97(3)	Luxury hire car licence holder fail to supply written information as required by Commission within specified period	180	0
815A.	THVIA 97(3)	Restricted hire vehicle licence holder fail to supply written information as required by Commission within specified period	180	0
816.	THVIA 97(3)	Temporary taxi licence holder fail to supply written information as required by Commission within specified period	180	0
817.	THVIA 98(2)	Proprietor of taxi dispatch service fail to supply information as required by Commission within specified period	180	0
818.	THVIA 98(2)	Manager of taxi dispatch service fail to supply information as required by Commission within specified period	180	0

(i) by omitting items 819 , 820 and 821 from Subdivision 2 of Division 4 of Part 2 and substituting the following:

819.	TIR 8(1)	Perpetual taxi licence owner who leases licence to another person fail to provide written notice and fee to Commission as specified	120	0
820.	TIR 8(4)	Perpetual taxi licence owner fail to notify Commission in writing of termination of lease within 7 days after termination	120	0
821.	TIR 8(4)	Perpetual taxi licence lessee fail to notify Commission in writing of termination of lease within 7 days after termination	120	0

(j) by omitting items 827 , 828 , 829 , 830 , 831 , 832 , 833 , 834 , 835 , 836 , 837 , 838 , 839 , 840 , 841 , 842 , 843 , 844 and 845 from Subdivision 2 of Division 4 of Part 2 and substituting the following:

827.	TIR 14(1)	Responsible operator of taxi licence fail to ensure that vehicle operating as taxi complies with prescribed specifications	180	0
828.	TIR 14(3)(a)	Responsible operator of wheelchair-accessible taxi licence fail to ensure that vehicle operating as wheelchair-accessible taxi complies with prescribed specifications	400	0
829.	TIR 14(3)(b)	Responsible operator of wheelchair-accessible taxi licence fail to ensure that vehicle operating as remote area wheelchair-accessible taxi complies with prescribed specifications	400	0
830.	TIR 14(3)(c)	Responsible operator of wheelchair-accessible taxi licence fail to ensure that vehicle operating as substitute wheelchair-accessible taxi complies with prescribed specifications	400	0
831.	TIR 15(2)(a)	Responsible operator of metropolitan area taxi licence fail to ensure vehicle operating as taxi for first time does not exceed specified age	180	0
832.	TIR 15(2)(b)	Responsible operator of non-metropolitan area taxi licence fail to ensure vehicle operating as taxi for first time does not exceed specified age	180	0
833.	TIR 15(4)(a)	Responsible operator of metropolitan area taxi licence fail to ensure vehicle operating as taxi does not exceed specified age	250	0
834.	TIR 15(4)(b)	Responsible operator of non-metropolitan area taxi licence fail to ensure vehicle operating as taxi does not exceed specified age	250	0
835.	TIR 16	Responsible operator of wheelchair-accessible taxi licence fail to ensure vehicle operating as taxi does not exceed 10 years of age	250	0
836.	TIR 17(2)	Responsible operator of wheelchair-accessible taxi licence fail to ensure taxi fitted with specified fire extinguisher	400	0
837.	TIR 17(3)	Responsible person fail to ensure fire extinguisher fitted in vehicle is maintained as specified	400	0
		Taximeter offences
840.	TIR 19(1)	Person, other than authorised meter adjuster, seal taximeter	250	0
841.	TIR 19(2)(a)	Responsible operator fail to ensure vehicle is not operated as a taxi under the authority of the licence if taximeter not sealed by authorised meter adjuster with tamperproof seal	250	0
842.	TIR 19(2)(b)	Responsible operator fail to ensure vehicle is not operated as a taxi under the authority of the licence if taximeter requires, but has no, electronic seal	250	0
843.	TIR 19(3)(a)	Operate a taxi with taximeter without tamperproof seal	250	0
844.	TIR 19(3)(b)	Operate a taxi with taximeter with non-compliant tamperproof seal	250	0
845.	TIR 20(1)	Responsible operator fail to ensure vehicle operating as taxi is fitted with compliant taximeter	250	0

(k) by omitting items 857 , 858 , 859 , 860 , 861 , 862 , 863 , 864 , 865 and 866 from Subdivision 2 of Division 4 of Part 2 and substituting the following:

857.	TIR 28(6)	Responsible operator fail to ensure vehicle operating as taxi is fitted with compliant and fully operational taxi roof sign	80	0
858.	TIR 28(7)	Operate taxi not fitted with compliant and fully operational taxi roof sign	80	0
859.	TIR 29	Interfere, or cause or permit another to interfere, with taxi roof sign	80	0
860.	TIR 30(4)	Responsible operator fail to ensure that vehicle operated as taxi is fitted with compliant and fully operational tariff indicator lights	80	0
861.	TIR 30(5)	Operate taxi not fitted with compliant and fully operational tariff indicator lights	80	0
862.	TIR 31	Interfere, or cause or permit another to interfere, with tariff indicator lights in or on vehicle	250	0
863.	TIR 33(2A)	Responsible person fail to ensure vehicle is carrying compliant not-for-hire sign	80	0
864.	TIR 33(3)(a)	Fail to display not-for-hire sign when vehicle required to carry not-for-hire sign is not operating as a taxi while in use on public street	50	0
865.	TIR 33(3)(b)	Fail to display not-for-hire sign when vehicle required to carry not-for-hire sign is used on a public street and does not have taximeter, taxi roof sign or external tariff indicator lights installed or fitted	50	0
866.	TIR 33(3)(c)	Fail to display not-for-hire sign when vehicle required to carry not-for-hire sign is used on a public street and has taximeter, taxi roof sign or external tariff indicator lights not fully operational	50	0
866A.	TIR 33(3)(d)	Fail to display not-for-hire sign when vehicle required to carry not-for-hire sign is used on a public street and has security camera system that is not fully operational	50	0

(l) by omitting item 872 from Subdivision 2 of Division 4 of Part 2 and substituting the following:

872.

TIR 36(3)

Operate taxi under security camera taxi licence without security camera system installed

400

0

(m) by omitting items 885 and 886 from Subdivision 2 of Division 4 of Part 2 and substituting the following:

885.	TIR 40(1)	Responsible operator fail to ensure security camera system, installed in a vehicle operating as a taxi, indicates it is fully operational	400	0
886.	TIR 40(2)	Operate vehicle with security camera system installed while system does not indicate it is fully operational or camera lens of system is not clear and free of all obstructions	400	0

(n) by omitting items 900 , 901 , 902 , 903 , 904 , 905 , 906 , 907 , 908 , 909 and 910 from Subdivision 2 of Division 4 of Part 2 and substituting the following:

900.	TIR 46(1)	Responsible operator of specified taxi licence fail to ensure licence number plate is affixed to vehicle and remains affixed	150	0
901.	TIR 46(2)	Responsible operator of wheelchair-accessible taxi licence fail to ensure licence number plate is affixed to vehicle and remains affixed	150	0
902.	TIR 46(4)	Responsible operator of wheelchair-accessible taxi licence affix, or cause or permit to be affixed, licence number plate to vehicle other than vehicle specified in licence	160	0
903.	TIR 46(5)	Responsible operator of lapsed taxi licence fail to remove, or cause to be removed, licence number plate while licence is lapsed	50	0
904.	TIR 46(6)	Responsible operator of owner-operator taxi licence or wheelchair-accessible taxi licence fail to remove, or cause to be removed, licence number plate from vehicle while licence is suspended	50	0
905.	TIR 46(7)(a)	Responsible operator operate, or cause or permit another to operate, vehicle as taxi while vehicle has void licence number plate affixed	400	0
905A.	TIR 46(7)(b)	Responsible operator operate, or cause or permit another to operate, vehicle as taxi with licence number plate affixed that is to be surrendered or delivered up to Commission	400	0
905B.	TIR 46(7)(c)	Responsible operator operate, or cause or permit another to operate, vehicle as taxi with licence number plate affixed that is to be removed from vehicle	400	0
906.	TIR 47(1)	Responsible operator fail to notify Commission in writing of damage to licence number plate and to return damaged licence number plate as soon as practicable	80	0
907.	TIR 47(4)	Responsible operator fail to notify Commission in writing of loss of licence number plate as soon as practicable	80	0
908.	TIR 47(8)	Fail to comply with Commission request for evidence relating to loss of taxi licence number plate within specified period	180	0
909.	TIR 49(5)	Fail to comply with Commission request to return taxi label within specified period	50	0
910.	TIR 50(1)	Fail to ensure taxi label is affixed and remains affixed, as instructed, while vehicle is operating as taxi	50	0
910A.	TIR 50(3)	Responsible operator fail to comply with instruction given by Commission to remove taxi label	50	0

(o) by omitting "issued" from column 3 of item 914 in Subdivision 2 of Division 4 of Part 2 and substituting "taxi";

(p) by omitting item 915 from Subdivision 2 of Division 4 of Part 2 and substituting the following:

915.

TIR 54(3)

Fail to comply with Commission request, within specified period, for evidence of loss of or damage to taxi label

120

0

(q) by inserting "other than as permitted by law" after "animal" in column 3 of item 926 in Subdivision 2 of Division 4 of Part 2 ;

(r) by omitting items 931 and 932 from Subdivision 2 of Division 4 of Part 2 ;

(s) by omitting items 943 and 944 from Subdivision 2 of Division 4 of Part 2 and substituting the following:

943.

TIR 69(2)

Authorised meter adjuster fail to return sealing pliers to Commission within specified period after providing written notice of resignation

120

0

(t) by omitting items 946 , 947 and 948 from Subdivision 3 of Division 4 of Part 2 and substituting the following:

946.	LHCIR 9	Operate vehicle as luxury hire car if age of vehicle exceeds prescribed age	250	0
		Licence number plate offences

(u) by omitting items 951 , 952 , 953 , 954 , 955 , 956 , 957 , 958 , 959 , 960 , 961 , 962 , 963 , 964 , 965 , 966 and 967 from Subdivision 3 of Division 4 of Part 2 and substituting the following:

951.	LHCIR 11(6)	Holder of lapsed luxury hire car licence fail to remove, or cause to be removed, licence number plate while licence lapsed	50	0
952.	LHCIR 11(7)	Holder of suspended luxury hire car licence fail to remove, or cause to be removed, licence number plate while licence suspended	50	0
953.	LHCIR 11(8)(a)	Holder of luxury hire car licence operate, or cause or permit another to operate, luxury hire car while void licence number plate affixed	400	0
954.	LHCIR 11(8)(b)	Holder of luxury hire car licence operate, or cause or permit another to operate, luxury hire car with licence number plate affixed that is to be surrendered or delivered up to Commission	400	0
954A.	LHCIR 11(8)(c)	Holder of luxury hire car licence operate, or cause or permit another to operate, luxury hire car with licence number plate affixed that is to be removed from that vehicle	400	0
955.	LHCIR 13(1)	Holder of luxury hire car licence fail to notify Commission in writing of damage to licence number plate and to return damaged number plate as soon as practicable	80	0
956.	LHCIR 13(1A)	Holder of luxury hire car licence fail to notify Commission in writing of loss of licence number plate as soon as practicable	80	0
957.	LHCIR 13(3)	Fail to comply with Commission request for evidence of loss of licence number plate within specified period	180	0
		Label offences
959.	LHCIR 16(5)	Fail to comply with Commission request to return luxury hire car label within specified period	50	0
960.	LHCIR 17(1)	Holder of luxury hire car licence fail to ensure luxury hire car label is affixed and remains affixed, as instructed, while vehicle is operating as luxury hire car	50	0
961.	LHCIR 17(3)	Holder of luxury hire car licence fail to comply with instruction by Commission to remove luxury hire car label	50	0
962.	LHCIR 19(1)	Fail to notify Commission in writing, as soon as practicable, that luxury hire car label is lost or unusable due to damage	50	0
963.	LHCIR 19(3)	Fail to comply with Commission request, within specified period, for evidence of loss of or damage to luxury hire car label	50	0
		Logbook offences
963A.	LHCIR 19C(2)	Driver of luxury hire car fail to enter specified information in logbook as required	80	0
964.	LHCIR 19D(2)	Holder of luxury hire car licence fail to comply with notice from Commission to produce logbook, or information from logbook, within specified period	150	0
965.	LHCIR 19E(2)	Driver of luxury hire car fail to comply with direction given by authorised officer, or police officer, to produce logbook for inspection	150	0
		Licensing offences
966.	LHCIR 26(1)	Holder of luxury hire car licence hire out, or cause or permit another person to hire out, luxury hire car if hiring charge (or method of calculating hiring charge) has not been agreed before commencement of hiring	250	0
967.	LHCIR 26(2)	Driver of luxury hire car undertake hiring if hiring charge (or method of calculating hiring charge) has not been agreed before commencement of hiring	250	0

(v) by inserting the following Subdivision after Subdivision 3 in Division 4 of Part 2 :

Subdivision 4 - Restricted Hire Vehicle Industry Regulations 2013

Col 1	Col 2	Col 3	Col 4	Col 5
Item	Legislation creating offence	Offence	Fine $	Demerit points
		Restricted hire vehicle offences
967A.	RHVIR 5	Holder of restricted hire vehicle licence fail to notify Commission in writing within 14 days of change of name or address	80	0
967B.	RHVIR 11	Holder of restricted hire vehicle licence fail to ensure vehicle used under licence and offered for hire as wheelchair-accessible meets specified requirements	400	0
		Security camera offences
967C.	TIR 39(2) (as applied by RHVIR 13)	Fail to present restricted hire vehicle for testing of security camera system as required by police or authorised officer	250	0
967D.	TIR 39(4) (as applied by RHVIR 13)	Fail to ensure display of written evidence of most recent testing of security camera system in restricted hire vehicle	80	0
967E.	TIR 39(5) (as applied by RHVIR 13)	Fail to ensure security camera system installed in restricted hire vehicle is tested as prescribed	150	0
967F.	TIR 40(1) (as applied by RHVIR 13)	Fail to ensure security camera system installed in restricted hire vehicle indicates it is fully operational	400	0
967G.	TIR 40(2) (as applied by RHVIR 13)	Operate restricted hire vehicle with security camera system installed while system does not indicate it is fully operational or camera lens of system is not clear and free of all obstructions	400	0
967H.	TIR 40(3) (as applied by RHVIR 13)	Interfere, or cause or permit another to interfere, with part of a security camera system installed in restricted hire vehicle	400	0
		Licence number plate offences
967I.	RHVIR 15(1)	Holder of restricted hire vehicle licence for general rhv service fail to ensure licence number plate affixed and remains affixed to vehicle specified in the licence	150	0
967J.	RHVIR 15(2)	Holder of restricted hire vehicle licence for specified rhv service fail to ensure licence number plate affixed and remains affixed to vehicle used to operate that service	150	0
967K.	RHVIR 15(5)	Holder of restricted hire vehicle licence for general rhv service affix, or cause or permit to be affixed, licence number to vehicle other than vehicle specified in licence	150	0
967L.	RHVIR 15(6)	Holder of suspended restricted hire vehicle licence fail to remove licence number plate while licence is suspended	50	0
967M.	RHVIR 15(7)(a)	Holder of restricted hire vehicle licence operate, or cause or permit another to operate, restricted hire vehicle with void licence number plate affixed	400	0
967N.	RHVIR 15(7)(b)	Holder of restricted hire vehicle licence operate, or cause or permit another to operate, restricted hire vehicle with licence number plate affixed that is to be surrendered or delivered up to Commission	400	0
967O.	RHVIR 15(7)(c)	Holder of restricted hire vehicle licence operate, or cause or permit another to operate, restricted hire vehicle with licence number plate affixed that is to be removed from vehicle	400	0
967P.	RHVIR 16(1)	Holder of restricted hire vehicle licence fail to notify Commission in writing of damage to licence number plate and to return damaged number plate as soon as practicable	80	0
967Q.	RHVIR 16(2)	Holder of restricted hire vehicle licence fail to notify Commission in writing of loss of licence number plate as soon as practicable	80	0
967R.	RHVIR 16(4)	Fail to comply with Commission request for evidence of loss of licence number plate within specified period	180	0
		Label offences
967S.	RHVIR 18(5)	Fail to comply with Commission request to return restricted hire vehicle label within specified period	50	0
967T.	RHVIR 19(1)	Holder of restricted hire vehicle licence fail to ensure restricted hire vehicle label is affixed and remains affixed as instructed while vehicle is operating as restricted hire vehicle	50	0
967U.	RHVIR 19(3)	Holder of restricted hire vehicle licence fail to comply with instruction by Commission to remove restricted hire vehicle label	50	0
967V.	RHVIR 20(1)	Fail to notify Commission in writing, as soon as practicable, that restricted hire vehicle label is lost or unusable due to damage	50	0
967W.	RHVIR 20(3)	Fail to comply with Commission request, within specified period, for evidence of loss of or damage to restricted hire vehicle label	50	0
		Logbook offences
967X.	RHVIR 23(2)	Driver of restricted hire vehicle fail to enter specified information into logbook as required	80	0
967Y.	RHVIR 24(2)	Holder of restricted hire vehicle licence fail to comply with notice from Commission to produce logbook, or information from logbook, within specified period	150	0
967Z.	RHVIR 25(2)	Driver of restricted hire vehicle fail to comply with direction given by authorised officer or police officer to produce logbook for inspection	150	0
		Licensing offences
967ZA.	RHVIR 26(1)	Holder of restricted hire vehicle licence hire out, or cause or permit another to hire out, restricted hire vehicle if hiring charge (or method of calculating hiring charge) has not been agreed before commencement of hiring	250	0
967ZB.	RHVIR 26(2)	Driver of restricted hire vehicle undertake hiring if hiring charge (or method of calculating hiring charge) has not been agreed before commencement of hiring	250	0

(w) by omitting Division 5 from Part 2 and substituting the following Division:

Division 5 - Passenger transport offences

Subdivision 1 - Passenger Transport Services Act 2011

Col 1	Col 2	Col 3	Col 4	Col 5
Item	Legislation creating offence	Offence	Fine $	Demerit points
		Accreditation offences
968.	PTSA 29(1)	Accredited operator contravenes, or causes or allows another to contravene, condition of accreditation	250	0
969.	PTSA 29(2)	Responsible operator in respect of accreditation contravenes, or causes or allows another to contravene, condition of accreditation	250	0
970.	PTSA 32(2)	Accredited operator fail to comply with Commission requirement to provide information on relevant accredited service within specified period	80	0
971.	PTSA 32(3)	Responsible person in respect of accreditation fail to comply with Commission requirement to provide information on relevant accredited service within specified period	80	0
972.	PTSA 33(1)	Accredited operator, who is natural person, fail to notify Commission within 14 days that operator has been charged with serious offence	150	0
973.	PTSA 33(2)	Responsible person in respect of accreditation fail to notify Commission, within specified period, that responsible person has been charged with serious offence	150	0
974.	PTSA 33(3)	Accredited operator fail to notify Commission, within 14 days, that person nominated as responsible person has ceased to be responsible person, and fail to nominate a new responsible person in same notice	80	0
		Regular passenger service offences
975.	PTSA 41	Service operator of authorised regular passenger service contravene, or cause or allow another to contravene, condition of authorisation	250	0
		Miscellaneous offences
976.	PTSA 64(6)	Person who has benefit of any exemption fail to comply with condition of the exemption	250	0

Subdivision 2 - Passenger Transport Services Regulations 2013

Col 1	Col 2	Col 3	Col 4	Col 5
Item	Legislation creating offence	Offence	Fine $	Demerit points
		Passenger services offences
978.	PTSR 7(2)	Accredited operator fail to comply with Commission's written instructions on how to display evidence of accreditation in vehicles used to provide services under the accreditation	110	0
979.	PTSR 8(1)	Accredited operator or responsible person place safety of driver of, or passenger on, a passenger transport service vehicle at unreasonable risk	250	0
980.	PTSR 9	Authorised person fail to provide whole, or any part of, regular passenger service without prior written permission of Commission	250	0
981.	PTSR 10(1)	Operate, or cause or permit another to operate, passenger transport service with a vehicle exceeding its operational capacity without prior written permission of Commission	250	0
982.	PTSR 10(2)	Operate, or cause or permit another to operate, passenger transport service with vehicle that does not prominently display the operational seating capacity and standing capacity (if greater than zero) without prior written permission from Commission	150	0
		Travel and traveller offences
983.	PTSR 11(4)	Accredited operator fail to prominently display (if practicable) in a vehicle used to provide passenger transport services a copy of each condition of travel imposed on the service or ensure such a copy is available on request	50	0
984.	PTSR 13(1)	Driver of vehicle providing regular passenger service fail to stop vehicle and pick up any person indicating that they wish to travel on the vehicle except in specified circumstances	110	0
985.	PTSR 14(1)	Driver of vehicle providing regular passenger service set down passenger at a place other than the destination nominated by the passenger except in specified circumstances	110	0
986.	PTSR 15(2)	Fail to provide name and address if requested by driver of, or authorised officer on, vehicle providing passenger transport service	110	0
987.	PTSR 16(1)(a)	Person travelling on vehicle providing passenger transport service endanger the safety of himself or herself, or another person, or the vehicle	200	0
988.	PTSR 16(1)(b)	Person travelling on vehicle providing passenger transport service threaten, harass or attempt to intimidate another person	200	0
989.	PTSR 16(1)(c)	Person travelling on vehicle providing passenger transport service wilfully obstruct or hinder another person	200	0
990.	PTSR 16(1)(d)	Person travelling on vehicle providing passenger transport service wilfully disturb the comfort or convenience of another person	200	0
991.	PTSR 16(1)(e)	Person travelling on vehicle providing passenger transport service soil, damage or deface vehicle, any of the vehicle's fittings or property of another person	200	0
992.	PTSR 16(1)(f)	Person travelling on vehicle providing passenger transport service behave in an offensive or indecent manner	200	0
993.	PTSR 16(1)(g)	Person travelling on vehicle providing passenger transport service use any profane, indecent, obscene, offensive or blasphemous language	200	0
994.	PTSR 16(1)(h)	Person travelling on vehicle providing passenger transport service throw anything inside, or from, the vehicle	200	0
995.	PTSR 16(2)(a)	Person smoke while travelling on vehicle providing regular passenger transport service	110	0
996.	PTSR 16(2)(b)	Person consume alcohol while travelling on vehicle providing regular passenger transport service	110	0
997.	PTSR 16(2)(c)	Person possess open container of alcohol while travelling on vehicle providing regular passenger transport service	110	0
998.	PTSR 16(2)(d)	Person litter while travelling on vehicle providing regular passenger transport service	50	0
999.	PTSR 16(2)(e)	Person travelling on vehicle providing regular passenger transport service have animal on board, other than an animal permitted by law	50	0
1000.	PTSR 16(2)(f)	Person travelling on vehicle providing regular passenger transport service place his or her feet on seat of the vehicle	50	0
1001.	PTSR 16(2)(g)	Person travelling on vehicle providing regular passenger transport service spit on any part of vehicle	50	0
1002.	PTSR 16(2)(h)	Person play an instrument while travelling on vehicle providing regular passenger transport service	50	0
1003.	PTSR 16(2)(i)	Person busk while travelling on vehicle providing regular passenger transport service	50	0
1004.	PTSR 16(3)	Person travelling on vehicle providing regular passenger transport service fail to vacate, or fail to offer to vacate, seat for another passenger in specified circumstances	110	0
1005.	PTSR 16(5)(a)	Person travelling on vehicle providing regular passenger transport service eat or drink something other than water without permission of driver, or authorised officer, unless for clear or diagnosed medical reason	50	0
1006.	PTSR 16(5)(b)	Person travelling on vehicle providing regular passenger transport service occupy more than one seat without permission of driver or authorised officer	50	0
1007.	PTSR 16(5)(c)	Person travelling on vehicle providing regular passenger transport service sell or distribute, or attempt to sell or distribute, anything without permission of driver or authorised officer	50	0
1008.	PTSR 16(5)(d)	Person travelling on vehicle providing regular passenger transport service display, or attempt to display, any sign without permission of driver or authorised officer	50	0
1009.	PTSR 16(5)(e)	Person travelling on vehicle providing regular passenger transport service affix, or attempt to affix, anything to the vehicle without permission of driver or authorised officer	50	0
1010.	PTSR 17(2)	Fail to leave a vehicle providing passenger transport service when directed to by driver or authorised officer	110	0
1011.	PTSR 18(1)	Person travel on vehicle providing regular passenger transport service without paying required fare, or holding valid ticket or pass authorising travel, except as specified	110	0
1012.	PTSR 18(3)	Fail to comply with request of driver, or authorised officer, to produce ticket or pass entitling travel for inspection or to pay all or part of any outstanding fare amount	110	0
		Miscellaneous offences
1013.	PTSR 19(a)	Driver operating vehicle as passenger transport service cause or allow passenger on the vehicle, who is travelling in a standing position, to obstruct an entrance or exit on the vehicle	150	0
1014.	PTSR 19(b)	Driver operating vehicle as passenger transport service cause or allow passenger on the vehicle to travel in a standing position to the danger or discomfort of another passenger or driver	150	0
1015.	PTSR 20(a)	Driver operate vehicle as passenger transport service while freight or luggage being carried on the vehicle is not safely stowed	150	0
1016.	PTSR 20(b)	Driver operate vehicle as passenger transport service while aisle, entrance or emergency exit on the vehicle is obstructed by freight or luggage	150	0
1017.	PTSR 21(a)	Driver stand or park vehicle providing passenger transport service, or cause or allow vehicle to stand or park, to pick up or set down passenger where it would be likely to create unreasonable risk to safety of passenger being picked up or set down, the driver of, or passengers on, the vehicle or other person in street whether in a vehicle or as pedestrian	250	0
1018.	PTSR 21(b)	Driver stand or park vehicle providing passenger transport service, or cause or allow vehicle to stand or park, to pick up or set down passenger where it would be likely to unreasonably disrupt lawful movement of traffic	250	0

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

Notified in the Gazette on 9 October 2013

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

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Traffic (Compliance and Enforcement) Regulations 2011 to take into account amendments made consequent upon the enactment of the Passenger Transport Services Act 2011 and the Taxi and Luxury Hire Car Industries Amendment Act 2011 .