Part 1 Preliminary

1   Name of Regulation

This Regulation is the Passenger Transport (General) Regulation 2000.

2   Commencement

This Regulation commences on 1 September 2000.

Note. This Regulation replaces the Passenger Transport (General) Regulation 1995 which is repealed on 1 September 2000 under section 10 (2) of the Subordinate Legislation Act 1989.

3   Definitions

In this Regulation:

driver’s authority card means an authority card issued under clause 7.

the Act means the Passenger Transport Act 1990.

tourist service vehicle means a vehicle of a kind referred to in clause 5 (1) that is used to provide a tourist service.

4   Notes

The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.

Part 2 Tourist services

5   Tourist services

(1)  For the purposes of the definition of tourist service in section 3 of the Act, the following vehicles are prescribed kinds of vehicle (and, when used to provide a tourist service, are tourist service vehicles for the purposes of this Regulation):

(a)  motor cycles,

(b)  4-wheel drive tour vehicles.

(2)  For the purposes of section 6 of the Act:

(a)  a tourist service vehicle is to be taken to be a public passenger vehicle for the purposes of the Act, and

(b)  the provisions of the Act apply to all tourist service vehicles.

(3)  In this clause:

4-wheel drive tour vehicle means a motor vehicle that complies with the Australian Design Rules category definition for off-road passenger vehicles (MC Vehicles).

motor cycle means a motor vehicle that complies with the Australian Design Rules vehicle category definition for any of the following:

(a)  motor cycles (LC Vehicles),

(b)  motor cycles and side-cars (LD Vehicles),

(c)  motor tricycles (LE Vehicles).

6   Driver to produce driver’s authority card

The driver of a tourist service vehicle must not fail to produce the appropriate driver’s authority card for inspection on demand made by an authorised officer.

Maximum penalty: 5 penalty units.

7   Drivers’ authority cards

(1)  The Director-General may issue a driver’s authority card to the holder of an authority to drive a tourist service vehicle.

(2)  A driver’s authority card must display:

(a)  a photograph of the person, and

(b)  the number of the authority, and

(c)  the expiry date for the card.

(3)  A driver’s authority card expires at midnight on the date specified on the card as the expiry date.

8   Misuse of authorities and authority cards

(1)  This clause applies to authorities to drive tourist service vehicles and to drivers’ authority cards.

(2)  A person must not:

(a)  alter or deface any authority or authority card, or

(b)  lend or part with any authority or authority card.

Maximum penalty: 5 penalty units.

(3)  An authority or authority card that has been altered or defaced is void and may be returned to the Director-General for replacement.

(4)  On the return of an authority or authority card, or on proof to the satisfaction of the Director-General that an authority or authority card has been destroyed, stolen or lost, the Director-General may cause a duplicate of it to be issued, and any such duplicate then becomes, for the purposes of the Act and this Regulation, the authority or authority card in respect of which the duplicate is issued, and the original authority or authority card becomes void.

9   Return of authorities and authority cards

(1)  The holder of an authority to drive a tourist service vehicle who has received notice of the variation, cancellation or suspension of the authority must immediately deliver the authority to the Director-General at an address specified in the notice.

Maximum penalty: 10 penalty units.

(2)  The holder of an expired driver’s authority card must, on the receipt of a written notice from the Director-General, immediately deliver the card to the Director-General at an address specified in the notice.

Maximum penalty: 10 penalty units.

10   (Repealed)

Part 3 Penalty notice offences

11   Penalty notice offences

(1)  For the purposes of section 59 of the Act:

(a)  each offence created by a provision specified in Column 1 of Schedule 1 is declared to be a penalty notice offence, and

(b)  the prescribed penalty for such an offence is the amount specified in Column 2 of Schedule 1.

(2)  If the reference to a provision in Column 1 of Schedule 1 is qualified by words that restrict its operation to specified kinds of offences or to offences committed in specified circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or is committed in the circumstances so specified.

12   (Repealed)

Part 4 Miscellaneous

13   Categories of driver authorities

(1)  For the purposes of section 11 of the Act, the following categories of driver authorities are created:

(a)  authorities to drive buses,

(b)  (Repealed)

(c)  authorities to drive taxi-cabs in the Metropolitan transport district,

(d)  authorities to drive taxi-cabs in the Newcastle transport district,

(e)  authorities to drive taxi-cabs in the Wollongong transport district,

(f)  authorities to drive taxi-cabs, except in the transport districts referred to in paragraphs (c), (d) and (e),

(g)  authorities to drive private hire vehicles,

(h)  authorities to drive tourist service vehicles,

(i)  authorities to drive other public passenger vehicles.

(2)  A driver may be issued with an authority which is valid for any of the above categories or for any combination of them.

(3)  In this clause, transport district means a transport district established under the Transport Administration Act 1988.

14   Exemptions

(1)  The Director-General may, by instrument in writing, exempt a person or a vehicle, or a class of persons or vehicles, from all or any of the provisions of the Act or any regulation under the Act.

(2)  Without limiting subclause (1), the Director-General may, by instrument in writing, exempt the holder of a licence for a taxi-cab or private hire vehicle from any requirement to be accredited under section 7 of the Act if the Director-General is satisfied that the licensee is of good repute and otherwise fit and proper to hold a licence.

(2A)  Without limiting subclause (1), the Director-General may, by instrument in writing, exempt the holder of an authority under the Act to drive a particular kind of public passenger vehicle from any separate requirement under any provision of the Act to be authorised to drive another kind of public passenger vehicle if the Director-General is satisfied that the holder of the authority is of good repute and otherwise fit and proper to hold an authority to drive the other kind of vehicle.

(2B)  Without limiting subclause (1), the Director-General may, by instrument in writing, exempt the holder of an accreditation under the Act to carry on a particular kind of public passenger service from any requirement under any provision of the Act to be separately accredited to carry on another kind of public passenger service if the Director-General is satisfied that the holder of the accreditation is of good repute and otherwise fit and proper to hold an accreditation to carry on the other kind of service.

(3)  An exemption under this clause may be expressed to be conditional on the observance, by the exempted person, of certain conditions specified in the exemption and, if the exemption is given in those terms, it ceases to have effect if the conditions are not observed.

(4)  Any exemption granted under this clause (and any conditions for the time being attached to the exemption) may, in the same manner as the exemption was granted (or, in so far as it relates to a particular person, by notice served on that person), be revoked or varied by the Director-General at any time.

(5)  Police officers are exempt from the provisions of section 57 (2) of the Act.

14A   Driver to produce driver licence

(1)  The driver of a public passenger vehicle (other than a ferry) must not fail to produce his or her driver licence for inspection on demand made by an authorised officer.

Maximum penalty: 5 penalty units.

(2)  In this clause:

driver includes a person who:

(a)  is occupying the driver seat of a vehicle that is on a road or road related area, or

(b)  is otherwise apparently in charge of such a vehicle.

driver licence has the same meaning as it has in the Road Transport (Driver Licensing) Act 1998.

15   Reduction or waiver of licence fees

The Director-General may fix a licence fee at less than the current value of the licence on the open market, or decide not to impose a licence fee for the licence, if conditions of the licence impose restrictions on the use of the taxi-cab or private hire vehicle to which the licence relates in respect of:

(a)  the days on which the vehicle may be used to provide a public passenger service, or

(b)  the times during which the vehicle may be used to provide a public passenger service, or

(c)  the kind of public passenger service that the vehicle may be used to provide.

16   False advertising

A person must not advertise, or otherwise represent, that the person:

(a)  is accredited under section 7 of the Act to carry on a public passenger service of a particular kind, or

(b)  holds an authority of a particular category under section 11 of the Act, or

(c)  carries on a public passenger service by means of a vehicle that is licensed under section 29 of the Act for the purposes of a public passenger service of a particular kind,

unless the person is so accredited or authorised, or the vehicle concerned is so licensed (as the case may be).

Maximum penalty: 10 penalty units.

17   Saving

Any act, matter or thing that had effect under the Passenger Transport (General) Regulation 1995 immediately before the repeal of that Regulation by the Subordinate Legislation Act 1989 is taken to have effect under this Regulation.

18   Safety management systems

(1)  For the purpose of clause 23 (3) of Schedule 3 to the Act, an accredited service operator that carries on a public passenger service by means of a bus is not required to comply with section 9D until 1 July 2005.

(2)  For the purpose of clause 23 (3) of Schedule 3 to the Act, a person who carries on a public passenger service by means of a ferry is not required to comply with section 53D until 1 July 2005.

Schedule 1 Penalty notice offences

(Clause 11)

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Passenger Transport (General) Regulation 2000 published in Gazette No 112 of 1.9.2000, p 9231 and amended as follows:
Passenger Transport (General) Amendment (Driver Authority Fees) Regulation 2002 (GG No 119 of 19.7.2002, p 5451)
Passenger Transport Amendment (Bus Reform) Act 2004 No 54. Assented to 6.7.2004. Date of commencement, 16.7.2004, sec 2 and GG No 120 of 16.7.2004, p 5877.
Passenger Transport (General) Amendment (Licence Inspection) Regulation 2004 (GG No 138 of 27.8.2004, p 7081)

Table of amendments