Passenger Transport Services Regulations 2013

Passenger Transport Services 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 Passenger Transport Services Act 2011 .

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

NICK MCKIM

Minister for Sustainable Transport

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Passenger Transport Services Regulations 2013 .

2.   Commencement

These regulations take effect on the day on which Part 3 of the Passenger Transport Services Act 2011 commences.

3.   Interpretation

[Regulation 3 Substituted by S.R. 2022, No. 85, Applied:01 Dec 2022]

(1)  In these regulations –

Act means the Passenger Transport Services Act 2011 ;

on-demand driver means a driver of a vehicle used for the provision of an on-demand passenger transport service.

(2)  Unless the contrary intention appears, a term used in these regulations and also in the Taxi and Hire Vehicle Industries Act 2008 or Taxi Industry Regulations 2018 has the same meaning as in that Act or regulations.

4.   Incidental passenger services

For section 8(1)(d) of the Act, the following motor vehicles are prescribed as motor vehicles to which the Act does not apply:

(a) vans used to transport prisoners within the meaning of the Corrections Act 1997 ;

(b) large passenger vehicles used primarily to provide services in, or responses to, an emergency within the meaning of the Emergency Management Act 2006 , whether the vehicle is operated by the State or a private organisation.

4A.   Booking service providers

[Regulation 4A Inserted by S.R. 2022, No. 85, Applied:01 Dec 2022]

(1)  For the purposes of this regulation –

community transport service means a transport service provided by –

(a) an organisation that is –

(i) a not-for-profit organisation; and

(ii) funded entirely or partially by any of the following or a combination of any of the following:

(A) the Commonwealth;

(B) the State;

(C) a council –

and that service is being provided in pursuit of the primary purposes of that organisation; or

(b) an organisation that is, or is entitled to be, endorsed by the Australian Taxation Office as a charitable or benevolent institution; or

(c) a council; or

(d) the Crown.

(2)  For section 8A(4) of the Act, the following persons are prescribed to be a booking service provider:

(a) a person who provides a taxi dispatch service or other communication network that operates in a taxi area that is not a remote taxi area;

(b) a person who permits a ride-sourcing driver to operate a passenger transport service by means of ride-sourcing software.

(3)  For section 8A(5) of the Act, the following persons are prescribed not to be a booking service provider:

(a) a person who provides a community transport service;

(b) a person who provides radio or dispatch services in relation to services in, or responses to, an emergency within the meaning of the Emergency Management Act 2006 ;

(c) a person who provides, or provides services in relation to, the tuition of drivers;

(d) a person who is the licence holder, accredited operator and registered operator in relation to a vehicle being operated as a taxi, but is not affiliated with a taxi dispatch service;

(e) a person who is the licence holder, accredited operator and registered operator in relation to a vehicle being operated as a taxi, and who both arranges bookings in relation to the provision of a taxi service and uses a taxi dispatch service for this purpose, but is not an affiliated operator in relation to a booking service provider.

5.   Regular passenger services

For section 35(2)(c) of the Act, a passenger service is taken not to be a regular passenger service for the purposes of the Act if the passenger service is operated by, or on behalf of, a private institution or association solely for use by people enrolled at, or affiliated with, that institution or association.

PART 2 - Passenger Services

Division 1 - [Division 1 of Part 2 Heading inserted by S.R. 2022, No. 85, Applied:01 Dec 2022] General

6.   Accreditation register

For section 23(2)(a) of the Act, the following particulars in respect of an accredited operator are prescribed as the particulars that are to be contained within the register required to be kept under that section:

(a) the full name of the accredited operator;

(b) the business address of the accredited operator;

(c) each type of accreditation held by the accredited operator;

(ca) [Regulation 6 Amended by S.R. 2022, No. 85, Applied:01 Dec 2022] the accreditation number associated with each type of accreditation held by the accredited operator;

(d) the date each type of accreditation held by the accredited operator commenced;

(e) the current accreditation status of the accredited operator;

(f) any conditions attached to an accreditation held by the accredited operator;

(g) [Regulation 6 Amended by S.R. 2022, No. 85, Applied:01 Dec 2022] the full name and contact details for the responsible person nominated in respect of each accreditation held by the accredited operator;

(h) [Regulation 6 Amended by S.R. 2022, No. 85, Applied:01 Dec 2022] the number of persons operating as an on-demand driver for each on-demand passenger transport service in relation to which accreditation is held by the accredited operator;

(i) [Regulation 6 Amended by S.R. 2022, No. 85, Applied:01 Dec 2022] the following particulars in relation to each person operating as an on-demand driver for the on-demand passenger transport service in relation to which accreditation is held by the accredited operator:

(i) the driver licence number or other unique driver identifier of the person;

(ii) the date of the commencement of the operation of that person;

(iii) the date of the conclusion of the operation of the person, if applicable;

(j) [Regulation 6 Amended by S.R. 2022, No. 85, Applied:01 Dec 2022] the number of vehicles being operated under the on-demand passenger transport service in relation to which accreditation is held by the accredited operator;

(k) [Regulation 6 Amended by S.R. 2022, No. 85, Applied:01 Dec 2022] the following particulars in relation to each vehicle being operated under the on-demand passenger transport service in relation to which accreditation is held by the accredited operator:

(i) the registration number of the vehicle recorded on the register of motor vehicles and trailers kept under the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021 ;

(ii) the VIN allocated to the vehicle and recorded in relation to the vehicle on the register of motor vehicles and trailers kept under the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021 ;

(iii) the date on which the vehicle commenced to be so operated;

(iv) the date on which the vehicle ceased to be so operated, if applicable;

(l) [Regulation 6 Amended by S.R. 2022, No. 85, Applied:01 Dec 2022] whether the accredited operator is a booking service provider;

(m) [Regulation 6 Amended by S.R. 2022, No. 85, Applied:01 Dec 2022] if the accredited operator is a booking service provider –

(i) the full name and contact details of each affiliated operator in relation to the accredited operator; and

(ii) the accreditation number of each affiliated operator who provides a taxi service, in relation to the accredited operator; and

(iii) the date on which the affiliated operator became affiliated with the accredited operator; and

(iv) the date on which the affiliated operator ceased to be affiliated with the accredited operator, if applicable.

7.   Displaying evidence of accreditation

(1)  The Commission may issue written instructions as to how evidence of accreditation is to be displayed in vehicles used to provide services under the accreditation.

(2)  An accredited operator must comply with any applicable written instructions issued under subregulation (1) .

Penalty:  Fine not exceeding 10 penalty units.

8.   Placing drivers and passengers at unreasonable risk

(1)  An accredited operator or responsible person must not, by any act or omission, place the safety of a driver of, or passenger on, a vehicle providing a passenger transport service at unreasonable risk.

Penalty:  Fine not exceeding 50 penalty units.

(2)  For the purposes of subregulation (1) , a person is taken not to have placed another person's safety at unreasonable risk if the person commits an act, or makes an omission, for the purpose of ensuring that a passenger transport service is provided in accordance with the laws of the State or the conditions of an accreditation.

9.   Authorised operators must provide service

A person who is authorised under Part 3 of the Act to provide the whole, or any part, of a regular passenger service must not, without the prior written permission of the Commission or lawful excuse, fail to provide that service or part service.

Penalty:  Fine not exceeding 50 penalty units.

10.   Operational capacity

(1)  A person must not, without the prior written permission of the Commission, operate a passenger transport service for the purposes of carrying passengers, or cause or allow such a passenger transport service to be operated, if the number of seated and standing passengers on the vehicle being used to provide the passenger transport service exceeds its operational capacity as determined under Schedule 1 .

Penalty:  Fine not exceeding 25 penalty units.

(2)  A person must not, without the prior written permission of the Commission, operate a passenger transport service for the purposes of carrying passengers, or cause or allow such a passenger transport service to be operated, unless the operational seating capacity of the vehicle being used to provide the passenger transport service, in terms of the number of adult seats available for passengers, is prominently displayed inside the vehicle, together with its operational standing capacity if this is greater than zero.

Penalty:  Fine not exceeding 15 penalty units.

Division 2 - Requirements for on-demand passenger transport service accredited operators

10A.   Records

[Regulation 10A of Part 2 Inserted by S.R. 2022, No. 85, Applied:01 Dec 2022]

(1)  An accredited operator providing an on-demand passenger transport service is to keep records of the following information in relation to the provision of that service:

(a) copies of the information required to be contained in the accreditation register under regulation 6(ca) , (h) , (i) , (j) , (k) , (l) and (m) ;

(b) particulars of any breach, in relation to the service, of a standard approved under section 16 of the Act;

(c) particulars of any occasion during which a vehicle being operated during the provision of the service ceased to function due to a failure to comply with the relevant vehicle standards applicable to the vehicle under the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021 ;

(d) particulars of any occasion during which a vehicle being operated during the provision of the service was not registered in accordance with the Vehicle and Traffic Act 1999 ;

(e) particulars of any occasion during which the on-demand driver operating a vehicle during the provision of the service was not licensed in accordance with the Vehicle and Traffic Act 1999 ;

(f) particulars of any incident occurring during the provision of the service that resulted in an injury to a person that required treatment by an ambulance officer or in the injured person being treated in a hospital;

(g) particulars of any incident occurring during the provision of the service that resulted in the vehicle that was being operated sustaining damage to such an extent that the vehicle was unable to be used to complete the service;

(h) particulars of any occasion during which a mechanical or other fault in the vehicle being operated during the provision of the service caused the vehicle to be unable to be used to complete the service;

(i) particulars of any incident occurring during the provision of the service that resulted in a complaint being made to the police containing allegations of assault, indecency or indecent assault;

(j) particulars of any incident occurring during the provision of the service which resulted in the on-demand driver who was operating the vehicle being charged with a serious offence;

(k) particulars of any incident occurring during the provision of the service which resulted in the on-demand driver who was operating the vehicle being made subject to a disqualification from driving under one or more of the following Acts:

(i) Police Offences Act 1935 ;

(ii) Road Safety (Alcohol and Drugs) Act 1970 ;

(iii) Sentencing Act 1997 ;

(iv) Vehicle and Traffic Act 1999 ;

(l) a record of any accidents, incidents, hazards identified, or complaints made, in relation to the provision of the service;

(m) a record of any complaint made in relation to the provision of the service by a person who is accompanied by an assistance animal, as defined in the Disability Discrimination Act 1992 of the Commonwealth, who has been denied service for any reason;

(n) a record of all current policies, procedures and training records in relation to the service;

(o) a record of compliance or non-compliance with any requirement under the Act or any other Act, in relation to the service, of the following:

(i) an affiliated operator;

(ii) a responsible person;

(iii) a taxi licence holder;

(iv) a vehicle;

(v) an on-demand driver;

(p) any return, report, correspondence or document required to be produced under the Act or any other Act in relation to the service, produced by, or in the possession of, the accredited operator.

(2)  If requested by the Commission or an authorised officer, an accredited operator who is a natural person, or the responsible person in relation to an accreditation, is to provide to the Commission or authorised officer a copy of a record kept in accordance with subregulation (1) , within the timeframe requested by the Commission or authorised person.

10B.   Monthly report

[Regulation 10B of Part 2 Inserted by S.R. 2022, No. 85, Applied:01 Dec 2022]

(1)  If, in relation to an on-demand passenger transport service, there has been –

(a) the commencement of operation of, or cessation of operation of, a person operating as an on-demand driver for the service; and

(b) the commencement of operation of, or cessation of operation of, a vehicle for the service –

the accredited operator of the service who is a natural person, the booking services provider, or the responsible person in relation to the accreditation of the service, is to give to the Commission, within 10 business days after the end of the calendar month in which the commencement or cessation occurred, a report notifying of the commencement or cessation in relation to the service.

(2)  The Commission may exempt, for a specified period, an operator, a provider or a person from the requirement to provide a report under subregulation (1) .

10C.   Matters for notification to Commission

[Regulation 10C of Part 2 Inserted by S.R. 2022, No. 85, Applied:01 Dec 2022] For the purposes of section 33M of the Act –

(a) the following types of accidents or incidents are prescribed:

(i) an incident in which a vehicle being operated during the provision of the passenger transport service ceased to function due to a failure to comply with the relevant vehicle standards applicable to the vehicle under the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021 ;

(ii) an incident occurring during the provision of the passenger transport service that resulted in an injury to a person that required treatment by an ambulance officer or in the injured person being treated in a hospital;

(iii) an incident that resulted in the vehicle that was being operated during the provision of the passenger transport service sustaining damage to such an extent that the vehicle was unable to be used to complete the service;

(iv) an incident in which a mechanical or other fault in the vehicle that was being operated during the provision of the passenger transport service caused the vehicle to be unable to be used to complete the service;

(v) an incident occurring during the provision of the passenger transport service that resulted in a complaint being made to the police containing allegations of assault, indecency or indecent assault;

(vi) an incident occurring during the provision of the passenger transport service that resulted in the driver who was operating the vehicle being charged with a serious offence;

(vii) an incident occurring during the provision of the passenger transport service that resulted in the driver who was operating the vehicle being made subject to a disqualification from driving under one or more of the following Acts:

(A) Police Offences Act 1935 ;

(B) Road Safety (Alcohol and Drugs) Act 1970 ;

(C) Sentencing Act 1997 ;

(D) Vehicle and Traffic Act 1999 ;

(viii) an incident causing a complaint to be made in relation to the provision of the passenger transport service by a person who is accompanied by an assistance animal, as defined in the Disability Discrimination Act 1992 of the Commonwealth, who has been denied the service for any reason; and

(b) the following kinds of findings are prescribed:

(i) a finding that a vehicle was used in the provision of the passenger transport service while the vehicle was not registered in accordance with the Vehicle and Traffic Act 1999 ;

(ii) a finding that a vehicle was used in the provision of the passenger transport service while the vehicle was in breach of a vehicle standard applicable to the vehicle under the Vehicle and Traffic (Vehicle Standards) Regulations 2014 ;

(iii) a finding that an improvement notice issued under the Act, or a vehicle defect notice or formal warning notice issued under the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021 , has been issued in relation to a vehicle used in the provision of the passenger transport service;

(iv) a finding that the driver of a vehicle used in the provision of the passenger transport service did not hold –

(A) an Australian driver licence in accordance with the Vehicle and Traffic Act 1999 , or a like authority issued under a corresponding law of a State; or

(B) an ancillary certificate in accordance with the Vehicle and Traffic Act 1999 , or a like authority issued under a corresponding law of a State –

during the provision of the passenger transport service.

10D.   Risk management system

[Regulation 10D of Part 2 Inserted by S.R. 2022, No. 85, Applied:01 Dec 2022] If the Commission approves an application for accreditation in respect of a service under section 21 of the Act, and in doing so places on the accreditation a condition that the accredited operator develop and maintain a system for managing risks to safety and security relating to the performance of the service, the Commission may specify that the system is to identify –

(a) any reasonably foreseeable hazards that could give rise to risks to the health, safety or security of drivers, passengers or other persons in connection with the passenger transport service for which the person is accredited; and

(b) any measures taken to eliminate or minimise those risks; and

(c) any improvements subsequently made to the measures specified in paragraph (b) following an incident affecting the health, safety or security of a driver, passenger or other person in connection with the passenger transport service for which the person is accredited.

Division 3 - Duties in relation to on-demand passenger transport services

10E.   Offence in relation to duties

[Regulation 10E of Part 2 Inserted by S.R. 2022, No. 85, Applied:01 Dec 2022] A person on whom a duty is imposed under this Division must comply with that duty.

Penalty:  Fine not exceeding 50 penalty units.

10F.   Duties of operators

[Regulation 10F of Part 2 Inserted by S.R. 2022, No. 85, Applied:01 Dec 2022]

(1)  It is the duty of a person who is an accredited operator, in relation to an on-demand passenger transport service, to ensure that –

(a) so far as is reasonably practicable, an on-demand driver in relation to the service is informed of, and complies with, all duties imposed upon the driver under this Division and other requirements imposed under an Act in relation to the service; and

(b) the person’s conduct does not directly or indirectly cause or encourage another person to fail to comply with any duty imposed upon the on-demand driver under this Division or other requirement imposed under an Act in relation to the service.

(2)  It is the duty of a person who is the responsible operator of a taxi licence, a responsible operator of a booking service provider who is providing a taxi service, or a responsible operator who is not an affiliated operator who is providing a taxi service, to ensure –

(a) that the vehicle that is being operated as a taxi under the authority of the licence, or as part of that service, is fitted with a taximeter that calculates and displays the relevant fares for the taxi and –

(i) has undergone a remote electronic update; or

(ii) in the case of a taximeter that is unable to undergo a remote electronic update, has been sealed by an authorised meter adjuster with a tamperproof seal; or

(iii) in the case of a taximeter that is capable of being physically reprogrammed without breaking the tamperproof seal, has an electronic seal applied to it; and

(b) if the taxi licence is a security camera taxi licence, that a security camera installed in a vehicle that is being operated as a taxi under the authority of the licence is fully operational; and

(c) that there is displayed in the taxi being operated under the authority of the licence a notice of the relevant fares and charges applicable to the taxi as produced and directed by the Commission.

10G.   Duties of on-demand driver

[Regulation 10G of Part 2 Inserted by S.R. 2022, No. 85, Applied:01 Dec 2022] The following are duties of an on-demand driver when providing an on-demand passenger transport service:

(a) to ensure that the driver holds a valid ancillary certificate issued under the Vehicle and Traffic Act 1999 , or a like authority issued under a corresponding law of a State, authorising the holder to drive a public passenger vehicle;

(b) to ensure that a vehicle that the driver is operating in the course of providing the service displays any sign, symbol, label or notice required to be displayed in relation to such a service under any Act;

(c) to only stand for hire in a taxi zone if that taxi zone is specified on the taxi licence of the vehicle that the driver is operating in the course of providing the service;

(d) to give reasonable assistance to assist a passenger to enter or exit the vehicle that the driver is operating in the course of providing the service, including a passenger who is reliant on a wheelchair or other mobility aid;

(e) not to discriminate against a person with a disability who has an assistance animal, as defined in the Disability Discrimination Act 1992 of the Commonwealth, by refusing to transport the assistance animal in the vehicle that the driver is operating in the course of providing the service, except in accordance with section 54A of that Act.

10H.   Duties of taxi driver

[Regulation 10H of Part 2 Inserted by S.R. 2022, No. 85, Applied:01 Dec 2022]

(1)  The following are duties of a taxi driver when providing a taxi service:

(a) to ensure that the driver has complied with any requirement of the Registrar under regulation 57(3) of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021 in relation to the provision of the service;

(b) to either commence or conclude, or commence and conclude, a hiring within the taxi area specified on the taxi licence under which the taxi that the driver is operating is providing the service;

(c) when the taxi that the driver is operating is in a taxi zone, to stand the taxi in the foremost vacant space within that zone;

(d) not to leave the taxi that the driver is operating unattended in a taxi zone without reasonable grounds for doing so;

(e) not to prevent another taxi from leaving a taxi zone;

(f) not to inform a person that the person is required to hire the taxi standing in the foremost space within the taxi zone;

(g) not to advise a person that a wheelchair-accessible taxi, remote area wheelchair-accessible taxi or substitute wheelchair-accessible taxi is not able to be hired without a wheelchair passenger;

(h) subject to subregulation (2) , to accept a hiring while the taxi is in a taxi zone within the taxi area specified on the taxi licence of the taxi –

(i) whether or not the taxi is occupying at the time of the hiring the foremost space within that zone; and

(ii) if the taxi is a wheelchair-accessible taxi, whether or not the passenger seeking the hiring has a wheelchair;

(i) to ensure that, if the taxi licence under which the taxi is operating is a security camera taxi licence, that a security camera installed in the taxi under the authority of the licence is fully operational;

(j) to start the taximeter installed in the taxi that the driver is operating at the commencement of the hiring period and not before;

(k) to stop the taximeter installed in the taxi that the driver is operating, or operate it to hold the reading constant, at the conclusion of the hiring period;

(l) to ensure that a wheelchair carried in a wheelchair-accessible taxi that the driver is operating is restrained in the wheelchair restraint assembly installed in the taxi in accordance with AS/NZS 10542.1:2015;

(m) not to permit a person to ride in or on the taxi that the driver is operating without the consent of the hirer of the taxi;

(n) in undertaking a hiring, to travel by either the route nominated by the passenger or, if no route is nominated, the most direct route that may reasonably be used from the point at which the taxi was hired to the destination stated by the passenger;

(o) not to operate a taxi while the taximeter installed in that taxi is operating on a tariff other than that specified, by a taxi fare order, to apply to the taxi;

(p) not to charge a passenger more than the fare displayed on the taximeter for the hiring period;

(q) to stop the taximeter for any period during travel during which the taxi is delayed because of any of the following causes:

(i) a lack of fuel for the taxi;

(ii) a mechanical breakdown of the taxi;

(iii) a traffic accident involving the taxi;

(iv) the lawful closure of a bridge, if the closure was publicly notified in a newspaper before the hiring period;

(v) the directions or actions of a police officer who is investigating the commission or possible commission of an offence involving the driver or the taxi;

(vi) an event that the driver, with reasonable foresight, could have prevented or avoided;

(r) to reset the taximeter by removing the record of the hire period at the conclusion of the hire period.

(2)  A taxi driver may refuse to accept a hiring if –

(a) the driver has reasonable grounds for believing that–

(i) the intending hirer would not be able to pay for the hiring; or

(ii) the intending hirer or another passenger represents a real or potential threat to the driver's physical safety or to the safe operation of the taxi; or

(b) the taxi is unable to transport, appropriately and safely –

(i) a proposed passenger; or

(ii) a proposed item.

10I.   Duties and powers in relation to fares

[Regulation 10I of Part 2 Inserted by S.R. 2022, No. 85, Applied:01 Dec 2022]

(1)  It is the duty of the driver of a luxury hire car providing a passenger transport service to ensure that agreement has been reached with a passenger using the service, before the service commences, as to the fare for the hire of the vehicle that the driver is operating.

(2)  A taxi driver, before accepting a hiring, may request payment of a deposit that does not exceed the expected cost of the hiring.

PART 3 - Travel and Travellers

11.   Conditions of travel

(1)  Subject to this regulation, an accredited operator of a passenger transport service may make travelling on that passenger transport service subject to any condition the accredited operator thinks appropriate.

(2)  A condition imposed under subregulation (1) may relate to, but is not limited to, the following matters:

(a) restrictions on eating and drinking;

(b) standards of behaviour while travelling;

(c) personal hygiene;

(d) disposal of litter;

(e) restrictions on noise levels and type of noise;

(f) carriage of goods and luggage;

(g) soiling of vehicles;

(h) occupation of seats.

(3)  A condition imposed under subregulation (1) must not be inconsistent with the Act but may cover any area not covered by the Act.

(4)  The accredited operator of a passenger transport service must –

(a) if practicable, display a copy of each condition of travel on the passenger transport service, imposed under subregulation (1) , in a prominent location inside the vehicle used to provide the passenger transport service; or

(b) if such a display is impracticable, ensure that a such a copy is available on request.

Penalty:  Fine not exceeding 5 penalty units.

(5)  The driver of a vehicle providing a passenger transport service may give a direction to a passenger on the vehicle to cease any behaviour the driver reasonably believes contravenes a condition imposed under subregulation (1) in respect of the passenger transport service.

12.   Refusal of access to passenger transport services

(1)  The accredited operator of a passenger transport service may refuse to permit a person to travel on the vehicle providing the service if –

(a) the person has breached the Act or a condition imposed under regulation 11 ; and

(b) the person has failed to comply with all directions from the driver of the vehicle under that regulation in respect of the behaviour that is causing, or has caused, the breach.

(2)  On refusing to permit a person to travel on a vehicle providing a passenger transport service, the accredited operator of that service must –

(a) give the person written notice that he or she cannot travel on the passenger transport service; and

(b) if the accredited operator of the passenger transport service operates more than one passenger transport service, specify in the written notice which passenger transport services the person is unable to travel on while the notice is in effect; and

(c) in the written notice, specify the period for which the person will be unable to travel on the passenger transport services specified in paragraph (b) .

(3)  A period specified in a written notice under subregulation (2)(c) must not exceed 3 months.

13.   Refusal of hiring

(1)  Subject to subregulation (2) , the driver of a vehicle providing a regular passenger service must stop the vehicle providing the service, if safe to do so, and pick up any person indicating to the driver that he or she wishes to travel on the vehicle.

Penalty:  Fine not exceeding 10 penalty units.

(2)  Despite subregulation (1) , the driver of a vehicle providing a regular passenger service may refuse a person travel on the vehicle if –

(a) to allow the person to travel on the vehicle would breach a condition of –

(i) an authorisation under which the regular passenger service is operating; or

(ii) the passenger service contract under which the regular passenger service is operating; or

(b) the person fails to comply with a request made by the driver in accordance with regulation 15(1) ; or

(c) the person is the subject of a notice under regulation 12(2) that is still in effect; or

(d) the person, who is not a school-aged student, refuses to pay the required fare; or

(e) the driver reasonably believes that –

(i) the person does not intend to comply with the Act; or

(ii) the person's luggage can not be safely stowed on the vehicle; or

(iii) allowing the person entry would cause the vehicle to exceed its operational capacity as determined under Schedule 1 ; or

(iv) there is some other lawful excuse for refusing the hiring –

and the driver informs the person of alternative means of transportation that may be available.

14.   Not setting down passenger at nominated place

(1)  The driver of a vehicle providing a regular passenger service must not set down a passenger at a place other than the destination nominated by the passenger.

Penalty:  Fine not exceeding 10 penalty units.

(2)  It is a defence in proceedings under subregulation (1) for the defendant to show that –

(a) the passenger was set down elsewhere pursuant to a direction given in accordance with regulation 17(1) ; or

(b) the passenger was set down elsewhere –

(i) in an emergency; or

(ii) for safety reasons; or

(iii) on other reasonable grounds; or

(c) the destination nominated by the passenger was not on the route of the regular passenger service; or

(d) in the case of a regular passenger service having designated stopping places for the picking up and setting down of passengers, the passenger was set down at the stop nearest to the nominated destination; or

(e) in the case of a school bus service being provided under a contract with the Commission, the passenger, being a schoolchild, was set down elsewhere in accordance with the terms of that contract.

15.   Identity of passengers

(1)  The driver of, or an authorised officer on, a vehicle providing a passenger transport service may request a person to state his or her name and address if –

(a) the driver, or authorised officer, reasonably believes that the person has committed, or may intend to commit, an offence under regulation 16 or 17 ; or

(b) the driver, or authorised officer, reasonably believes that the person has breached a condition of travel imposed under regulation 11 ; or

(c) the person has indicated that he or she wishes to travel on the vehicle but pay for that travel at a later time.

(2)  A person must comply with a request under subregulation (1) as soon as possible.

Penalty:  Fine not exceeding 10 penalty units.

15A.   Offensive behaviour by driver

[Regulation 15A Inserted by S.R. 2022, No. 85, Applied:01 Dec 2022] A driver of a vehicle providing a passenger transport service must not, while that vehicle is being used to provide the service, or being used in connection to the service –

(a) behave in an offensive manner in the vehicle or in the vicinity of the vehicle; or

(b) intentionally interfere, or intentionally attempt to interfere, with the comfort or safety of any person.

Penalty:  Fine not exceeding 50 penalty units.

16.   Offences by travellers

(1)  A person travelling on a vehicle providing a passenger transport service must not –

(a) do anything to endanger the safety of –

(i) himself or herself; or

(ii) another person; or

(iii) the vehicle; or

(b) threaten, harass or attempt to intimidate another person; or

(c) wilfully obstruct or hinder another person; or

(d) wilfully disturb the comfort or convenience of another person; or

(e) soil, damage or deface –

(i) the vehicle; or

(ii) any of the vehicle's fittings; or

(iii) the property of another person; or

(f) behave in an offensive or indecent manner; or

(g) use any profane, indecent, obscene, offensive or blasphemous language; or

(h) throw anything inside, or from, the vehicle.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person travelling as a passenger on a vehicle providing a regular passenger service must not –

(a) smoke; or

(b) consume alcohol; or

(c) possess an open container of alcohol; or

(d) litter; or

(e) have an animal on board the vehicle, other than an animal permitted by law; or

(f) place his or her feet on the seats of the vehicle; or

(g) spit on any part of the vehicle; or

(h) play an instrument; or

(i) busk.

Penalty:  Fine not exceeding 5 penalty units.

(3)  Subject to subregulation (4) , a person travelling as a passenger on a vehicle providing a regular passenger service must, if no other seat is available on the vehicle, vacate his or her seat or offer to vacate his or her seat for –

(a) a person who appears to have a disability or injury; or

(b) an elderly person; or

(c) a woman who is visibly pregnant; or

(d) a person accompanying a child less than 5 years of age; or

(e) any other person who appears to have special needs.

Penalty:  Fine not exceeding 5 penalty units.

(4)  Subregulation (3) does not apply to a passenger on a vehicle providing a regular passenger service who is referred to in the paragraphs of that subregulation.

(5)  A person travelling as a passenger on a vehicle providing a regular passenger service must not do any of the following without the permission of the driver of the vehicle or an authorised officer:

(a) eat or drink other than water, unless eating or drinking for a clear, or diagnosed, medical reason;

(b) occupy more than one seat;

(c) sell or distribute, or attempt to sell or distribute, anything;

(d) display, or attempt to display, any sign;

(e) affix, or attempt to affix, anything to the vehicle.

Penalty:  Fine not exceeding 5 penalty units.

17.   Travellers causing nuisance or danger

(1)  The driver of, or an authorised officer on, a vehicle providing a passenger transport service may stop the vehicle, if safe to do so, and direct any person to leave the vehicle if the driver or authorised officer reasonably believes that the person is –

(a) committing an offence under regulation 16(1) ; or

(b) committing an offence under regulation 16(2) , (3) or (5) and has failed to comply with any direction from the driver to cease to commit the offence.

(2)  A person must comply with a direction under subregulation (1) immediately.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A police officer, using only such force as may reasonably be necessary in the circumstances, may remove a person from a vehicle providing a passenger transport service if the police officer is satisfied that –

(a) the person has been given a direction under subregulation (1) ; and

(b) there were reasonable grounds for issuing the direction; and

(c) the person has failed to comply with the direction.

(4)  Notwithstanding subregulation (1) , a driver or authorised officer must not direct a person under that subregulation to leave a vehicle providing a passenger transport service if, in the circumstances –

(a) the person's safety is to be put at unreasonable risk; or

(b) the person is a schoolchild and the direction would be inconsistent with any directions of the Commission concerning the transport of schoolchildren on regular passenger services.

18.   Requirement to pay fares

(1)  A person must not travel as a passenger on a vehicle providing a regular passenger service unless –

(a) the person has paid any required fare or holds a ticket that entitles the person to travel on the vehicle at that time and for the journey the person is making; or

(b) the person holds a valid pass, issued or approved by the Commission, entitling the person to travel on the vehicle at that time without paying a fare; or

(c) the person has been given permission by the driver of, or by an authorised officer on, the vehicle to pay the fare for the person's journey at a later time; or

(d) the person is a schoolchild and the service being provided is a school bus service that, under the terms of the contract with the Commission, does not require passengers to pay fares.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The driver of, or an authorised officer on, a vehicle providing a regular passenger service may –

(a) request any person on the vehicle to produce for inspection the ticket or pass that entitles the person to travel on the vehicle at that time and for the journey the person has made or is apparently making; and

(b) if the driver or authorised officer reasonably believes that a person on the vehicle has not paid the correct fare for the journey the person has made or is apparently making, request that person on the vehicle to pay that fare or, if applicable, the amount of that fare that is outstanding.

(3)  A person must comply with a request under subregulation (2) immediately.

Penalty:  Fine not exceeding 10 penalty units.

PART 4 - Miscellaneous

19.   Requirements in relation to standing passengers

A driver who is operating a vehicle as a passenger transport service must not –

(a) cause or allow a passenger on the vehicle who is travelling in a standing position to obstruct an entrance or exit on the vehicle; or

(b) cause or allow a passenger on the vehicle to travel in a standing position to the danger or discomfort of another passenger or the driver.

Penalty:  Fine not exceeding 10 penalty units.

20.   Requirements in relation to freight and luggage

A driver must not operate a vehicle as a passenger transport service if –

(a) any freight or luggage being carried on the vehicle is not safely stowed; or

(b) any aisle, entrance or emergency exit on the vehicle is obstructed by freight or luggage.

Penalty:  Fine not exceeding 10 penalty units.

21.   Safety restrictions on standing and parking

A driver must not stand, or park, a vehicle providing a passenger transport service to pick up or set down passengers, or cause or allow a vehicle providing a passenger transport service to stand or park for that purpose, if by so doing the driver would be likely to –

(a) create an unreasonable risk to the safety of –

(i) the passengers being picked up or set down; or

(ii) the driver of, or other passengers on, the vehicle; or

(iii) other persons who may lawfully use that street, whether in other vehicles or as pedestrians; or

(b) unreasonably disrupt the lawful movement of traffic.

Penalty:  Fine not exceeding 25 penalty units.

22.   Prescribed fees

The fees specified in Schedule 2 are prescribed as the fees that are payable for the matters to which they respectively relate.

22A.   Infringement notices

[Regulation 22A Inserted by S.R. 2022, No. 85, Applied:01 Dec 2022] For the purposes of section 61B of the Act –

(a) an offence against a provision of the Act or regulations specified in column 2 of a table in Schedule 3 is prescribed to be an infringement offence for which an infringement notice may be issued; and

(b) the penalty specified in –

(i) column 3 of a table for that infringement offence is prescribed as the penalty applicable to that infringement offence that is payable by an individual under an infringement notice; and

(ii) column 4 of that table for that infringement offence is prescribed as the penalty applicable, if any, to that infringement offence that is payable by a body corporate under an infringement notice.

23.   Transitional

(1)  In this regulation –

subsisting contract means a contract to provide core passenger services –

(a) entered into under section 18 of the Passenger Transport Act 1997 ; and

(b) subsisting immediately before the day proclaimed under section 2(2) of the Act.

(2)  For the purposes of the Act, a subsisting contract –

(a) is taken to be a passenger service contract; and

(b) continues in effect according to its terms until the time it was originally due to expire.

(3)  A reference in a subsisting contract to the Commission is taken to be a reference to the Secretary.

SCHEDULE 1 - Operational capacity

Regulation 10

1.   Operational capacity

The operational capacity of a vehicle being used to provide a passenger transport service is the sum of its operational seating capacity as determined under clause 2 of this Schedule and its operational standing capacity as determined under clause 3 of this Schedule.

2.   Operational seating capacity

(1) In this clause –[Schedule 1 Amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021]

[Schedule 1 Amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] compliant seatbelt means a seatbelt that complies with the relevant second edition ADR or third edition ADR;

[Schedule 1 Amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] second edition ADR has the same meaning as in the Vehicle and Traffic (Vehicle Standards) Regulations 2014 ;

[Schedule 1 Amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] third edition ADR has the same meaning as in the Vehicle and Traffic (Vehicle Standards) Regulations 2014 .

(2) Subject to subclause (3) or (4) , the operational seating capacity of a vehicle being used to provide a passenger transport service is equal to its adult seating capacity, as specified in the record of motor vehicles kept under the Vehicle and Traffic Act 1999 with the following qualifications:

(a) any 3 children being carried on that passenger transport service are to be counted as 2 passengers if none of those children has attained the age of 12 years and the seating positions on the vehicle –

(i) are not fitted with seatbelts; or

(ii) are fitted with compliant seatbelts that are designed specifically to convert from 2 adult seating positions to 3 child seating positions;

(b) a child being carried on that passenger transport service need not be counted as a passenger if the child has not attained the age of 5 years and is being carried on the lap of another person.

(3) The Commission may determine, having regard to the condition of the route and other relevant factors, that the operational seating capacity of a vehicle used to provide a regular passenger service should be less than the seating capacity determined under subclause (2) .

(4) If the Commission gives the accredited operator of a regular passenger service written notice of the making of a determination under subclause (3) in respect of a vehicle, the operational seating capacity of that vehicle when it is being used to provide the service is the seating capacity determined by the Commission under that subclause.

3.   Operational standing capacity

(1) In this clause –

holding device means an approved strap, approved handgrip or other approved device for providing support for standing passengers on passenger transport services;

prescribed vehicle means a vehicle providing a passenger transport service that has –

(a) a distance between floor and roof, at each point where a passenger may stand upright, of at least 1.8m; and

(b) an aisle width of at least 380mm; and

(c) a holding device for each standing passenger.

(2) The standing capacity of a prescribed vehicle is the same as the number of holding devices fitted to the vehicle but is not in any case greater than one person for each 1 600cm² of unobstructed floor space.

(3) The standing capacity of a passenger transport service that is not a prescribed vehicle is zero.

(4) Subject to subclauses (5) and (6) , the operational standing capacity of a vehicle is the same as its standing capacity.

(5) The Commission may determine, having regard to the length of the route and the normal operating speed and other relevant factors, that the operational standing capacity of a prescribed vehicle used to provide a regular passenger service should be less than the vehicle's standing capacity.

(6) If the Commission gives the accredited operator of a regular passenger service written notice of the making of a determination under subclause (5) in respect of a prescribed vehicle, the operational standing capacity of that vehicle when it is being used to provide that service is the operational standing capacity determined by the Commission under that subclause.

SCHEDULE 2 - Fees

Regulation 22

SCHEDULE 3 - Infringement notices

Regulation 22A

PART 1 - Offences against Act

PART 2 - Offences against regulations

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

Notified in the Gazette on 26 June 2013

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