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Contents (2017 - 473)
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Passenger Transport (General) Regulation 2017
Current version for 13 December 2019 to date (accessed 23 February 2020 at 22:46)
Part 14
Part 14 Miscellaneous
232   Non-compliance labels and notices
(1)  An authorised officer carrying out an inspection under Division 2 of Part 4C of the Act of a vehicle used for the purposes of a public passenger service may affix a label (a non-compliance label) to the vehicle if it appears to the authorised officer that the vehicle does not meet the requirements set out in clause 17.
(2)  The authorised officer is to issue a notice (a non-compliance notice) to the operator of the vehicle concerned.
(3)  A non-compliance label and a non-compliance notice must specify—
(a)  the action necessary to be taken in order for the vehicle to meet the relevant requirements, and
(b)  an expiry date after which the vehicle must not be used to provide a public passenger service unless the label concerned has been removed by an authorised officer.
(4)  An authorised officer may remove a non-compliance label from a vehicle if satisfied on inspection of the vehicle that the necessary action specified in the label or non-compliance notice has been taken.
(5)  A person must not remove a non-compliance label from a vehicle unless the person is an authorised officer (or is authorised in writing to do so by an authorised officer).
Maximum penalty—10 penalty units.
232A   Only tourists to be carried on tourist service
(1)  The operator of a tourist service, and the driver of a bus or ferry used in the provision of a particular tour by the service, must not allow a person to be carried as a passenger in or on the bus or ferry if the operator or driver has reason to believe that the person is not a tourist.
Maximum penalty—10 penalty units
(2)  Subclause (1) does not apply to a person who is carried in connection with the provision of the relevant tour (such as a relief driver, cook, guide or interpreter).
233   No touting or soliciting for passengers or hirings
(1)  A person must not tout or solicit for passengers for, or for a hiring of, a public passenger vehicle.
Maximum penalty—50 penalty units (in the case of an offence committed in the Sydney Airport precinct) or 5 penalty units (in any other case).
(2)  The operator or driver of a public passenger vehicle must not, by the operator’s or driver’s employee, agent or contractor, tout or solicit for passengers for, or for a hiring of, a public passenger vehicle.
Maximum penalty—50 penalty units (in the case of an offence committed in the Sydney Airport precinct) or 5 penalty units (in any other case).
234   False advertising
(1)  A person must not advertise, or otherwise represent, that the person—
(a)  is accredited under the Act to carry on a public passenger service of a particular kind, or
(b)  holds an authority of a particular category under the Act,
(c), (d)    (Repealed)
unless the person is so accredited or authorised.
(2)    (Repealed)
Maximum penalty—20 penalty units.
235   Change of name or address of operator or driver
(1)  An accredited operator or an authorised driver who changes his or her (or, in the case of an accredited operator that is a corporation, its) name or residential address must, within 7 days after the change, give written notice of the change and of the new name or address to RMS.
Maximum penalty—5 penalty units.
(2)  The authorised driver must also give the written notice required by subclause (1) to the operator of each of the public passenger vehicles that the driver drives.
Maximum penalty—5 penalty units.
236   Additional agencies with which information may be exchanged
The NSW Police Force is prescribed for the purposes of paragraph (c) of the definition of relevant agency in section 53(6) of the Act.
237   Exemptions
(1)  TfNSW 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.
(2)  An exemption under this clause may be expressed to be conditional on the observance 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.
(3)  Notice of an exemption given under this clause is to be given by TfNSW in such manner as TfNSW considers appropriate in the circumstances of the case.
238   Service of notices
Any notice required to be served or given under this Regulation is sufficiently served on any person if it is—
(a)  served personally, or
(b)  left at the last known place of residence or business of the person to be served, or
(c)  sent by prepaid letter or post to the person at the person’s last known place of residence or business (in which case notice is to be taken to be served on the date on which the letter would in the ordinary course of post be delivered to the place to which it is addressed).
239   Authorised officers
(1)  For the purposes of section 46W(1) and (2) of the Act, the following classes of persons are prescribed—
(a)  persons employed in the Department of Transport,
(b)  persons employed in the Transport Service,
(c)  (Not used)
(d)  (Not used)
(d1)  members of staff of Sydney Trains,
(e)  members of staff of RailCorp,
(f)  persons holding an examiner’s authority that is in force under statutory rules made under the Road Transport Act 2013,
(g)  persons engaged by RMS or TfNSW under a contract for services,
(h)  persons engaged by Sydney Airport Corporation Limited to provide road traffic management services,
(i)  persons who are employed by, or are contractors of, any other operator of a public passenger service and who provide services for the purposes of that public passenger service.
(2)  A person referred to in subclause (1)(g), (h) or (i) or (4)(f) may only exercise the functions of an authorised officer if the exercise of those functions is subject to the control and direction of TfNSW or RMS (whichever of those statutory corporations appointed the person as an authorised officer).
(3)  (Not used)
(4)  For the purposes of section 46W(6) of the Act, the following classes of persons are prescribed—
(a)  members of staff of Sydney Trains,
(b)  members of staff of NSW Trains,
(c)  members of staff of RailCorp,
(d)  (Not used)
(e)  persons employed in the Transport Service to enable the State Transit Authority to perform its functions,
(f)  persons employed to work on a train operated on a railway that is a light rail system (and related railway premises), by an entity that is under contract with TfNSW to operate the light rail system or by a subcontractor of such an entity.
239A   Delegation to authorised persons
For the purposes of section 62A(3)(b) of the Act, the following persons are prescribed—
(a)  persons employed in the Transport Service to enable the State Transit Authority to exercise its functions,
(b)  persons employed in the Transport Service to enable Roads and Maritime Services to exercise its functions.
239B   Transfer of functions
(1)  Any act, matter or thing done or omitted to be done by the Secretary of the Department of Transport, the Department of Transport or RMS relating to a transferred function that had effect immediately before the commencement of the amending Regulation continues to have effect as if it had been done by the transferee authority.
(2)  In this clause—
transferred function means a function of the Secretary of the Department of Transport, the Department of Transport or RMS under this Regulation that, as a result of amendments made by the amending Regulation, is conferred on a different person (the transferee authority).
240   Savings
Any act, matter or thing that had effect under the Passenger Transport Regulation 2007 immediately before the repeal of that Regulation is taken to have effect under this Regulation.
241   Transitional accreditation for small buses
(1)  This clause applies to the following persons—
(a)  a person who operates a regular passenger service using a vehicle that seats not more than 12 persons and not less than 8 persons,
(b)  a person who is taken to be the operator of a public passenger service under clause 14 of Schedule 2 to the Point to Point Transport (Taxis and Hire Vehicles) Act 2016.
(2)  Clauses 7, 9, 10, 11 and 12 of this Regulation do not apply in respect of an application by the person for renewal of accreditation to carry on a public passenger service only by means of a motor vehicle seating not more than 12 persons and not less than 8 persons.