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Contents (2017 - 424)
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Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017
Current version for 13 December 2019 to date (accessed 8 April 2020 at 19:05)
Part 7
Part 7 Miscellaneous
87   Authorised officers
(1)  For the purposes of section 107 of the Act, the following classes of persons are prescribed—
(a)  persons employed in the Transport Service within the meaning of the Transport Administration Act 1988,
(b)  other persons employed in the government sector (within the meaning of the Government Sector Employment Act 2013),
(c)  persons engaged by TfNSW, Roads and Maritime Services or the Commissioner under a contract for services,
(d)  persons engaged by Sydney Airport Corporation Limited to provide road traffic management services.
(2)  A person referred to in subclause (1)(c) or (d) may only exercise the functions of an authorised officer if the exercise of those functions is subject to the control and direction of the Commissioner.
Note.
 Schedule 2 sets out offences under the Act and this Regulation for which penalty notices may be issued.
88   Unauthorised use of recording
A person must not use a video recording made by a security camera system of a taxi for a purpose other than a purpose authorised by TfNSW by notice in writing published in the Gazette.
Maximum penalty—20 penalty units.
89   Transport services that are not passenger services
For the purposes of section 4(4) of the Act, the following are not passenger services—
(a)  the provision of transport under the Assisted School Travel Program of the Department of Education,
(b)  the provision of transport for patients that is facilitated by a hospital or by or on behalf of HealthShare NSW,
(c)  the provision of transport for patients by the Ambulance Service of NSW or another ambulance service authorised under the Health Services Act 1997,
(d)  the provision of transport services for persons in custody by or on behalf of Corrective Services NSW.
90   Car pooling not passenger service
(1)  For the purposes of section 4(4) of the Act, the provision of transport in all of the following circumstances is not a passenger service—
(a)  the driver of a vehicle proceeding to a destination regularly provides transport to passengers who wish to proceed to the same destination or a destination that is in the same locality or the same general direction,
(b)  the driver is not a provider of a booking service or otherwise the provider of a passenger service or an employee, contractor or bailee for a booking service or passenger service,
(c)  no consideration is payable to any person for the provision of the transport.
(2)  For the purposes of subclause (1)(c), an amount paid to the driver to reimburse actual costs associated with operating the vehicle or a small gift provided to a driver for participation in a voluntary non-profit car pooling scheme does not constitute consideration that is payable to the driver for the provision of the transport.
91   Travel agents not booking service providers
(1)  For the purposes of section 7(4) of the Act, the taking or communicating of bookings for passenger services by a travel agent in the course of carrying on business as a travel agent is not the provision of a booking service if the bookings are incidental to, and not the main part of, the business.
(2)  For the purposes of this clause, a person carries on business as a travel agent if the person carries on a business involving the following—
(a)  selling tickets entitling another person to travel, or otherwise arranging for another person a right of passage, on a vehicle, vessel, plane or other conveyance,
(b)  selling to, or arranging or making available for, another person rights of passage to, and hotel or other accommodation at, one or more places, whether within or outside this State,
(c)  purchasing for resale the right of passage on a vehicle, vessel, plane or other conveyance,
(d)  making arrangements in connection with travel.
92   Exemptions
(1)  The Commissioner may, by order 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 (other than a provision referred to in subclause (2)).
(2)  TfNSW may, by order in writing, exempt a person or class of persons from any or all of the provisions of Schedule 4 to the Act or any regulations made under that Schedule.
(3)  An exemption under this clause may be conditional or unconditional.
(4)  If the exemption is conditional, it ceases to have effect if the conditions are not observed.
(5)  Notice of an exemption given under this clause is to be given by notice published in the Gazette and in any other manner that the Commissioner considers appropriate in the circumstances of the case.
93   Appointment of taxi zones
(1)  The Commissioner may, with the approval of the roads authority for the road concerned, appoint taxi zones for taxis.
(2)  Taxi zones are to be indicated by signs erected on or near a road.
(3)  A sign referred to in this clause may specify the class or classes of taxis that may use the taxi zone to which it relates.
(4)  If times are specified on a sign referred to in this clause, the taxi zone operates only during those times. However, if no times are so specified, the taxi zone operates at all times.
(5)  A police officer may appoint temporary taxi zones at any place where taxis are congregated.
94   Exchange of information
For the purposes of paragraph (g) of the definition of relevant agency in section 149 of the Act, the Secretary of the Department of Justice is prescribed as a relevant agency.
95   Requirements relating to information disclosure
(1)  This clause applies if, under the Act, the Commissioner discloses personal information about a person who drives a taxi or hire vehicle, or a person who owns a taxi or hire vehicle used for the provision of transport by a passenger service, to the provider of a passenger service or booking service.
(2)  The provider of the service must ensure that the personal information is kept, accessed and disclosed in accordance with any requirements approved by the Commissioner for the purposes of this clause and published in the Gazette.
Maximum penalty—20 penalty units.
96   Fees
The fee payable for a specified matter is the fee specified for that matter in Schedule 1.
97   Delegations
For the purpose of section 140 of the Act, the Commissioner may delegate the exercise of any of the functions of the Commissioner under the Act or any other Act to any person employed in the Transport Service of New South Wales.
98   Authorisation fees—transitional provision
(1)  The authorisation fees set out in clause 45 are not payable for any period before the first anniversary of the commencement of that clause.
(2)  For the financial year commencing on 1 July 2018, the fee referred to in clause 45(2) is not payable in respect of any passenger service transactions occurring before that anniversary.