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Contents (2017 - 473)
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Passenger Transport (General) Regulation 2017
Current version for 21 December 2018 to date (accessed 14 December 2019 at 03:11)
Part 2
Part 2 Accreditation to carry on public passenger services
Division 1 Preliminary
5   Definition
In this Part, the relevant service, in relation to an applicant, an application, an accreditation or an accredited operator, means the public passenger service of the kind in respect of which accreditation is sought or has been obtained.
Division 2 Applications for accreditation to carry on public passenger services
6   Standards to be met by applicants for accreditation to carry on public passenger services
(1)  An applicant for accreditation under Division 1 of Part 2 of the Act must meet, to the satisfaction of RMS, the standards set out in this Division.
(2)  If the applicant is a corporation, the directors or managers of the corporation who are nominated as designated directors or managers under section 8 of the Act must meet, to the satisfaction of RMS, the standards set out in this Division (other than the standards specifically to be met by corporate applicants).
7   Applicant to be of good repute
(1)  The applicant must be of good repute.
(2)  Evidence of the applicant’s good repute is to be provided in the form of references from 2 persons (being persons, excluding employees of the applicant, of any class approved by RMS) who have known the applicant for at least 2 years.
(3)    (Repealed)
8   Applicant to be fit and proper person to carry on relevant service
(1)  The applicant must be a fit and proper person to carry on the relevant service.
(2)  The applicant must declare in writing that the applicant is aware of the following:
(a)  accreditation will be refused if the applicant is disqualified, under Part 2D.6 (Disqualification from managing corporations) of the Corporations Act, from managing corporations,
(b)  accreditation may be refused if the applicant (or a director or manager of an applicant corporation) has been the subject of proceedings under section 588G (Director’s duty to prevent insolvent trading by company) or 592 (Incurring of certain debts; fraudulent conduct) of the Corporations Act,
(c)  if the applicant:
(i)  is the director of a company that has been, or is in the course of being, wound up under Part 5.4 (Winding up in insolvency) of the Corporations Act, or
(ii)  discloses any convictions or charges in accordance with subclause (3),
RMS may, for the purpose of determining the applicant’s fitness to be an operator, cause any investigation that RMS considers appropriate to be made into the winding up, conviction or charge concerned.
(3)  The applicant must give RMS written notice of the following:
(a)  full details of all offences of which the applicant has been convicted (in any jurisdiction) at any time during the 5 years immediately preceding the date of the application,
(b)  full details of all alleged offences with which the applicant has been charged (in any jurisdiction) but only if, as at the date of the application, proceedings are pending in respect of the charge.
(4)  If there are no convictions or pending proceedings against the applicant, the applicant must give RMS a written statement to that effect.
(5)    (Repealed)
9   Applicant to be competent to carry on relevant service
(1)  The applicant must demonstrate that the applicant has the necessary knowledge and competence to carry on the relevant service.
(2)  In particular, the applicant must:
(a)  satisfy RMS as to the applicant’s knowledge of the following:
(i)  the relevant provisions of the Act and this Regulation,
(ii)  other laws relating to traffic,
(iii)  the relevant provisions of the Work Health and Safety Act 2011, and
(b)  if required to do so by RMS, undertake and successfully complete (or pass an examination in respect of) such course relating to the operation of the relevant service as is approved by TfNSW and conducted by a registered training organisation or by a higher education institution approved by TfNSW.
(3)    (Repealed)
10   Applicant to be financially capable of carrying on relevant service
(1)  The applicant must be financially capable of carrying on the relevant service.
(2)  Evidence of the applicant’s financial standing is to be provided in the form of a signed statement from a qualified accountant (other than an employee of the applicant), on the accountant’s business letterhead, containing the following:
(a)  a report on the applicant’s financial capacity to carry on the relevant service, with specific reference to the applicant’s financial ability to meet the requirements of this Regulation and other relevant laws as to:
(i)  vehicle maintenance and roadworthiness, and
(ii)  the safety of drivers, passengers and the public, and
(iii)  the operation of a business,
(b)  a statement specifying the number of public passenger vehicles that, in the opinion of the accountant, can be accommodated by the service proposed to be carried on by the applicant,
(c)  if the applicant is a corporation—a statement of the accountant’s opinion as to the solvency and general financial standing of the corporation.
(3)    (Repealed)
11   Applicant to have access to maintenance facilities for vehicles
(1)  The applicant must have access to adequate maintenance facilities for the vehicles intended to be used to provide the relevant service.
(2)  The applicant must provide RMS with full details of the premises at which the vehicles will normally be kept when not in use.
(3)    (Repealed)
12   Additional requirement: bus services
(1)  An applicant for accreditation to carry on a public passenger service by means of one or more buses must also provide RMS with a copy of an approval from the relevant council to keep the buses required for the service at the premises specified by the applicant in compliance with clause 11 (2).
(2)  Subclause (1) does not apply in the case of an application for renewal of accreditation by a person who is an accredited service operator on the commencement of this clause.
13   (Repealed)
Division 3 Conditions of accreditation to carry on public passenger services
14   Conditions of accreditation to carry on bus service
For the purposes of section 9B (1) (a) of the Act, compliance with the requirements of this Division is prescribed as a condition to which an accreditation to carry on a bus service is subject.
15   Safety of drivers, passengers and the public
The operator of a relevant service must ensure that:
(a)  the vehicles used to provide the service at all times meet the requirements of the law as to registration and vehicle safety and roadworthiness, and
(b)  each person engaged to drive a vehicle used to provide the service:
(i)  holds an appropriate driver licence, and
(ii)  holds an appropriate driver authority.
16   Vehicle maintenance
(1)  The operator of a relevant service must have, and adhere to, a public passenger vehicle maintenance plan that:
(a)  is consistent with the maintenance standards of the manufacturer of the vehicles used to provide the service, and
(b)  specifies the steps taken to ensure that the vehicles are roadworthy, and
(c)  specifies the way in which the vehicles are maintained, and
(d)  specifies the way in which any defects are to be recorded and rectified, and
(e)  is capable of being audited.
(1A)    (Repealed)
(2)  The operator of a relevant service must not carry out maintenance on, or repairs to, a vehicle used to provide the service, and must not permit any other person to do so, unless the person carrying out the maintenance or repairs is licensed under the Motor Dealers and Repairers Act 2013 to carry out the work concerned.
(3)  Subclause (2) applies even if the person who is to carry out the work concerned is exempted under the Motor Dealers and Repairers Act 2013 from the operation of all or any of the provisions of that Act.
(4)  However, for the purposes of subclause (2), maintenance and repairs do not include the following:
(a)  adding approved oils or other fluids to engines, transmissions, differentials, power steering reservoirs, windscreen washer reservoirs, master cylinders, radiators or batteries,
(b)  changing engine, transmission and differential oils,
(c)  changing engine oil filters and fuel filters,
(d)  carrying out general lubrication,
(e)  changing spark plugs,
(f)  changing wheels and tyres,
(g)  changing light bulbs,
(h)  replacing seats and floor coverings,
(i)  replacing external rear vision mirrors.
17   Condition of vehicles
(1)  The operator of a relevant service must ensure that the interior, exterior and fittings of the vehicles used to provide the service are, at all times during which the vehicles are being used to provide the service, clean and undamaged and (in the case of fittings) duly fitted, securely in place, in good condition and fully operational.
(2)  Without limiting subclause (1), the interior, exterior and fittings of a vehicle include the following:
(a)  the vehicle body and the door panels,
(b)  the wheels and the bumper bars,
(c)  the trim,
(d)  the seats, seat covers and floor covers,
(e)  the interior lights,
(f)  any device or equipment that is fitted to the vehicle (whether or not it is required by or under the Act to be fitted).
(3)    (Repealed)
Maximum penalty: 10 penalty units.
18   Changes to information provided
(1)  The operator of a relevant service must notify RMS in writing of any of the following changes:
(a)  a change of address of the premises from which the service is carried on,
(b)  a change of address of the premises at which the vehicles used to provide the service are kept.
(2)  The notification is to be given no later than 7 days after the change.
Division 4 Other obligations of accredited operators
19   Records relating to operation of public passenger vehicles
A person who is or has been an accredited operator:
(a)  must keep in the English language any record required to be kept by the person under the Act or this Regulation in a form that is capable of being audited, and
(b)  unless otherwise provided by this Regulation, must retain the record for a period of at least:
(i)  in the case of a bus service—5 years after the date of the last entry in it, and
(ii)  in any other case—2 years after the date of the last entry in it, and
(c)  must, on demand by an authorised officer, produce the record in written form for inspection, and
(d)  must, if required by RMS in writing to do so, deliver the record to RMS when required.
Maximum penalty: 10 penalty units.
20   Operator training
(1)  An accredited operator must, whenever reasonably required to do so by RMS, undertake and satisfactorily complete (or pass an examination in respect of) such course, or refresher course, relating to the operation of the relevant service as is approved by TfNSW and conducted by a registered training organisation, or a higher education institution approved by TfNSW.
Maximum penalty: 10 penalty units.
(2)  RMS may:
(a)  suspend an accreditation issued to an accredited operator pending the satisfactory completion of (or the passing of an examination in respect of) such a course, or
(b)  determine (either generally or in a particular case) that an accreditation issued to an accredited operator will be renewed only on the satisfactory completion of (or on the passing of an examination in respect of) such a course.
(3)    (Repealed)
21   Records of drivers
An accredited operator must keep a record in written or electronic form of the following particulars for each person who drives a vehicle used to provide the relevant service while the vehicle is being used for that purpose:
(a)  the person’s full name and residential address,
(b)  the dates and times during which the vehicle was driven by the person,
(c)  the person’s driver authority number (that is, the number allocated by RMS and displayed on the person’s driver authority card) and the date of expiry of the person’s driver authority card,
(d)  the person’s driver licence number and the date of expiry of the licence.
Maximum penalty: 10 penalty units.
22   Vehicle insurance
(1)  An accredited operator (unless otherwise notified in writing by RMS) must ensure that there is maintained one or more policies of insurance providing cover of at least $5,000,000 for each public passenger vehicle used to provide the relevant service against liability in respect of damage to property caused by or arising out of the use of the vehicle.
(2)  The policies must be issued by a corporation authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business.
(3)    (Repealed)
(4)  An accredited operator must provide an authorised officer, on request, with evidence that the operator’s policies of insurance are current.
Maximum penalty: 10 penalty units.
23   Evidence of accredited operator’s continuing financial capacity
(1)  An accredited operator must, on written request by RMS and within the time specified in the request, provide evidence, in the form specified in clause 10 (2), of the operator’s continuing financial capacity to carry on the relevant service.
Note.
 RMS may, having regard to the purposes of accreditation, at any time vary, suspend or cancel a person’s accreditation—see section 10 of the Act.
(2)  RMS is not to make a request under this clause unless RMS believes on reasonable grounds that the accredited operator may no longer be financially capable of carrying on the relevant service.
(3)    (Repealed)
24   Operators to notify detrimental change in driver’s medical condition
If the operator of a public passenger service becomes aware of any apparent change in the physical or mental condition of a driver of a public passenger vehicle operated by the operator that may detrimentally affect the driver’s ability to drive public passenger vehicles safely, the operator must furnish RMS with written details of the apparent change within 48 hours after becoming aware of it.
Maximum penalty: 10 penalty units.
25   Management of public passenger services
An accredited operator must not suffer or permit any person other than:
(a)  a designated director or manager (if the accredited operator is a corporation), or
(b)  another accredited operator (if the accredited operator is not a corporation),
to operate, manage, supervise or administer the relevant service (except for, in the case of a corporation, a person appointed under any law to manage the affairs of the corporation).
Maximum penalty: 50 penalty units.
26   Operator not to permit vehicle subject to non-compliance notice or non-compliance label to be driven
An accredited operator must not permit a vehicle used to provide the relevant service to be driven if:
(a)  the expiry date or expiry time of a non-compliance notice issued to the operator or a non-compliance label affixed to the vehicle has passed, or
(b)  the operator is aware that a non-compliance label has been unlawfully removed from the vehicle.
Maximum penalty: 10 penalty units.
Division 5
26A, 26B  (Repealed)