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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 23:08)
Part 2 Division 4
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(3)    (Repealed)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.