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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 11 December 2019 at 17:36)
Part 7
Part 7 Special provisions relating to buses
Division 1 Bus operators
78   Buses to show accreditation details
(1)  The operator of a bus service must ensure that each bus used in the service displays, in accordance with this clause, the information required by this clause.
Maximum penalty: 10 penalty units.
(2)  The bus must display the following information:
(a)  the name under which the accreditation for the bus service in which the bus is normally used is held,
(b)  the accreditation number allocated by RMS to the operator in respect of that bus service,
(c)  the location of the depot at which the bus is normally based.
(3)  The information must be displayed as follows:
(a)  on the front nearside or offside panel of the bus,
(b)  as far forward as possible (forward of the wheel arch, if possible),
(c)  in English in block letters at least 50 millimetres high,
(d)  in such a manner as to be clearly readable from a distance of 5 metres.
79   Buses to be fitted with driver authority card holders
The operator of a bus service must ensure that each bus used in the service is fitted with a device suitable for holding the driver authority card in such a manner as to enable the driver to display the card as required by clause 92.
Maximum penalty: 5 penalty units.
80   Management information system
(1)  The operator of a bus service must maintain the following records:
(a)  a fleet register that includes the vehicle identification number, fleet number (if allocated) and registration details of each vehicle in the fleet,
(b)  a register of insurance details for each vehicle in the fleet,
(c)  maintenance records for each vehicle in the fleet,
(d)  records under RMS’s Heavy Vehicle Inspection Scheme in relation to each vehicle in the fleet,
(e)  copies of drivers’ vehicle defect reports,
Note.
 See clause 81 for the requirement for these reports.
(f)  a register of reports of accidents involving vehicles in the fleet,
(g)  details of accidents involving vehicles in the fleet,
(h)  a complaints register detailing all complaints received in respect of the bus service and the action taken in respect of each complaint.
Maximum penalty: 5 penalty units.
(2)  In this clause:
vehicle identification number, in relation to a motor vehicle, means the number allocated to the vehicle in accordance with the requirements of the Australian Design Rules under the Motor Vehicle Standards Act 1989 of the Commonwealth.
81   Vehicle defect reports
(1)  The operator of a bus service must make available, in respect of each bus in the fleet, a blank vehicle defect form for each day that the bus is used in the provision of the service.
Maximum penalty: 5 penalty units.
(2)  If the driver of the bus identifies a defect, the driver must fill in the form as appropriate at the end of the driver’s period of driving the bus.
Maximum penalty: 5 penalty units.
(3)  The completed form must be returned to the operator of the bus service, in accordance with the relevant procedures established by that operator, as soon as practicable after the bus’s last journey on the day to which the form relates (or, in the case of a service that extends beyond midnight on any day, on the following day).
82   Security camera systems and duress alarm systems
(1)  An operator of a bus service who carries on a regular passenger service partly or wholly within the Metropolitan, Newcastle or Wollongong transport district or within the Central Coast local government area must ensure that each bus in the fleet is fitted with:
(a)  an approved security camera system, and
(b)  an approved duress alarm system.
Maximum penalty: 10 penalty units.
(2)  (Not used)
(3)  Schedule 1 has effect in relation to any security camera system with which a bus is fitted (whether or not pursuant to this clause).
(4)  Nothing in this clause prevents any authorised officer or other person authorised by RMS for the purpose of this clause from carrying out an inspection, check or other test of, or performing any proper function in relation to, a security camera system or duress alarm system.
83   Timetables
(1)  The operator of a long-distance bus service must ensure that the timetable for the service can reasonably be met without any need for buses to break any relevant speed limits.
(2)  The operator of a long-distance bus service must, on request by RMS, provide a copy of the timetable for the service so that the timetable may be checked to ensure that it complies with this clause.
Maximum penalty: 10 penalty units.
84   Manifest of passengers
(1)  The operator of a long-distance, tourist or charter service that is provided by means of buses must provide to the driver of each bus concerned, for each day that the bus is used to provide the service, a manifest of passengers that complies with this clause.
Maximum penalty: 5 penalty units.
(2)  The manifest must contain the following information in respect of each passenger:
(a)  the passenger’s name,
(b)  contact details (such as an address and telephone number) for the passenger,
(c)  the date and time that the passenger is due to board the bus,
(d)  the seat number (if any) allocated to the passenger.
(3)  The driver of the bus must return the manifest to the operator as soon as practicable after the completion of the relevant journey.
Maximum penalty: 5 penalty units.
(4)  The operator of the service must retain each manifest for a period of 60 days after the completion of the relevant journey.
Maximum penalty: 5 penalty units.
(5)  This clause does not apply in respect of a bus that:
(a)  is being used only within a radius of 40 kilometres from its usual depot, or
(b)  is being used for a charter service, but only if the operator of the bus maintains records for 60 days after the bus is used for any such service that include the name, address and telephone number of the person who chartered the bus, the date and time of the charter and the telephone number of a responsible passenger on board the chartered bus.
85   Information in buses
(1)  The operator of a bus service must ensure that information is displayed inside a bus in accordance with this clause while the bus is being used to provide the service.
Maximum penalty: 5 penalty units.
(2)  The following information must be displayed:
(a)  a summary of the rights and obligations of passengers,
(b)  brief details (including a telephone number) as to how complaints relating to the bus services might be made.
(3)  The information:
(a)  must be approved by TfNSW, and
(b)  must be displayed in a position where it may easily be read by passengers.
86   Buses to be clean and tidy
The operator of a bus service must not allow a bus to be used to provide the service unless the bus is clean and tidy.
Maximum penalty: 10 penalty units.
87   Destination signs on buses
(1)  The operator of a bus service must not use a bus to conduct a regular passenger service unless the bus displays a destination sign in accordance with this clause.
Maximum penalty: 5 penalty units.
(2)  The sign:
(a)  must be displayed on the front of the bus, and
(b)  must show the route number and the destination of the bus, and
(c)  must be capable of being illuminated.
(3)  This clause does not apply to or in respect of a bus that is being used principally to provide transport to school students pursuant to a contract with TfNSW under the Act.
88   Notification of accidents and incidents
(1)  An operator of a bus service who becomes aware that a bus being used to provide the service has been involved in an accident or incident must notify RMS of the accident or incident, in accordance with subclause (2), if the accident or incident:
(a)  resulted in a person being injured, or
(b)  prevented the bus from continuing its journey, or
(c)  is, in the reasonable opinion of the operator of the service, otherwise likely to arouse serious public concern.
Maximum penalty: 5 penalty units.
(2)  A notification under subclause (1):
(a)  must be given within 3 days after the operator becomes aware of the accident or incident concerned, and
(b)  must be given in a form approved by RMS.
(3)  An operator of a bus service who becomes aware that a bus being used to provide the service has been involved in an accident or incident must notify the Chief Investigator of the accident or incident, in accordance with subclause (4), if the accident or incident:
(a)  involved or resulted in any one or more of the following:
(i)  a person being injured,
(ii)  the driver of the bus being incapacitated,
(iii)  a mechanical or electrical fire or an explosion on the bus,
(iv)  a failure of the steering or brakes of the bus,
(v)  a bus being in motion while not under the effective control of a driver,
(vi)  the bus being unable to continue its journey,
(vii)  a person being caught in the doors of the bus and being dragged by the bus, or
(b)  is, in the reasonable opinion of the operator of the service, otherwise likely to arouse serious public concern.
Maximum penalty: 5 penalty units.
(4)  A notification under subclause (3):
(a)  must be given immediately after the operator becomes aware of the accident or incident concerned, and
(b)  must be given by telephone or by such other means as the Chief Investigator may reasonably require, and
(c)  must include such details of the accident or incident as the Chief Investigator may reasonably require.
(5)  RMS and the Chief Investigator are to provide each other with access to the details of any notification given under this clause, including access to any telephone recording that may have been made.
89   Passengers to be notified of requirement to use seatbelts in buses
(1)  The operator of a bus service must take reasonable steps to ensure that every passenger on a bus operated by the operator is made aware that the passenger is required to wear a seatbelt (if fitted) in the bus unless the passenger is exempt from that requirement under rule 267 of the Road Rules 2014.
Maximum penalty: 10 penalty units.
(2)  Steps that may be taken under subclause (1) include (but are not limited to) the following:
(a)  putting up signs inside the bus,
(b)  arranging for the driver of the bus to notify passengers (for example, through a public address system on the bus or by means of a recorded audio message or video).
90   Audit
(1)  RMS may require an operator of a bus service, at regular intervals or at any particular time, to undertake (at the operator’s expense) an audit of such of the operator’s records and bus operations as RMS may specify.
(2)  An operator of whom a requirement is made under subclause (1):
(a)  must cause the audit to be carried out in accordance with RMS’s requirements, and
(b)  must submit the audit to RMS within the period, or by the date, specified by RMS.
Maximum penalty: 5 penalty units.
(3)  RMS may require any one or more of the audits under this clause to be carried out by an auditor, or by an auditor from a class, approved by RMS.
Division 2 (Not used)
91   (Not used)
Division 3 Drivers of buses
92   Driver to display driver authority card
The driver of a bus must not drive the bus unless the appropriate driver authority card:
(a)  is contained in a holder firmly affixed to the interior of the bus, and
(b)  is displayed so that its face can be seen easily by any passenger in the bus.
Maximum penalty: 5 penalty units.
93   Driver to stop bus to pick up and set down passengers
(1)  Subject to this clause, the driver of a bus:
(a)  must stop the bus and set down any passenger who indicates to the driver that the passenger wishes to leave the bus, and
(b)  must stop the bus and pick up any person who indicates to the driver that the person wishes to board the bus.
Maximum penalty: 5 penalty units.
(2)  The driver of a bus must not stop the bus on a road or road related area for the purpose of setting down or picking up passengers otherwise than close to and parallel with the side of the carriageway of the road or area.
Maximum penalty: 5 penalty units.
(3)  The driver of a bus may refuse to stop the bus:
(a)  at any place at which stopping the bus would be unlawful or, in the opinion of the driver, unsafe, or
(b)  in the case of a bus operating along a route for which bus stops are indicated by signs, at any place other than a bus stop.
(4)  The driver of a bus may refuse to stop the bus to set down a passenger at a bus stop at which the bus is not scheduled, as indicated on the bus or in the timetable for the relevant journey, to set down passengers.
(5)  The driver of a bus may refuse to stop the bus to pick up a passenger:
(a)  if by doing so the driver would contravene the provisions of clause 41 (Carriage of goods and animals) or 94 (Driver not to overload bus), or
(b)  if the intending passenger is a person who is, or who is carrying a thing that is, likely to soil or damage the bus or the clothing or luggage of other passengers, or otherwise to cause inconvenience or danger to other passengers or to the driver (as referred to in clause 55 (1) (a) or (b)), or
(c)  at a bus stop at which the bus is not scheduled, as indicated on the bus or in the timetable for the relevant journey, to pick up passengers.
94   Driver not to overload bus
(1)  The driver of a bus must not:
(a)  carry at any one time in a single-decked bus (or on either deck of a two-decked bus) a greater number of passengers seated than the number authorised to be carried seated in the single-decked bus (or on that deck of the two-decked bus), or
(b)  carry at any one time in a single-decked bus (or on the lower deck of a two-decked bus) a greater number of passengers standing than the number authorised to be carried standing.
Maximum penalty: 5 penalty units.
(2)  In calculating the number of passengers being carried, the following persons are not to be taken into account:
(a)  any child apparently under the age of 5 years who is being held on the lap of a seated passenger,
(b)  of the children apparently under the age of 12 years (whether seated or standing), every third such child.
(3)  For the purposes of subclause (2) (b), the following children are not to be taken into account:
(a)  children who are seated on single seats,
(b)  children who are seated on multiple seats that are designed (either by means of fixed armrests or seating places contoured for individual passengers) so as to be impracticable for use by more than the number of passengers for whom they are designed.
(4)  The number of passengers who, for the purposes of this clause, are authorised to be carried seated, or are authorised to be carried standing, is the appropriate number specified in a certificate issued by the manufacturer of the bus or by a consulting engineer approved by RMS for the purposes of this clause.
95   Operator to display sign showing maximum number of passengers
The operator of a bus must ensure that there is displayed on the bus, in a conspicuous position on the outside of the rear of the bus and in letters at least 25 mm high and of proportionate breadth, the number of passengers authorised to be carried on the bus, seated and standing respectively.
Maximum penalty: 5 penalty units.
96   Driver not to carry passengers on certain portions of bus
The driver of a bus must not:
(a)  carry any passenger on any portion of the bus not set apart or intended for the conveyance of passengers, or
(b)  in the case of a two-decked bus, permit any passenger to stand on the upper deck of the bus, or
(c)  permit any person to occupy any portion of the driving seat or of the bus on the right-hand side of that seat and abreast of it, or
(d)  permit any person to be on any portion of the bus in front of the driving seat.
Maximum penalty: 5 penalty units.
97   Driver to remain in bus
The driver of a bus must not, without reasonable excuse, leave the driving seat of the bus.
Maximum penalty: 5 penalty units.
98   Driver to provide medical certificates
The driver of a bus must, at the driver’s own expense, furnish RMS at intervals of 36 months until the driver attains the age of 60 years with a certificate from a medical practitioner containing the medical practitioner’s assessment, in accordance with any requirements of RMS, of the driver’s medical condition.
Maximum penalty: 10 penalty units.
Note.
 See clause 47 for requirements for medical certificates after the driver attains the age of 60 years.
Division 4 Special provisions relating to conduct of school students on buses
99   Dealing with contraventions of this Regulation by school students
(1)  Despite any other provision of this Regulation, the operator of a bus service, a driver of a bus or an authorised officer may take only such action under this Regulation as is reasonable in the circumstances when dealing with a school student who has contravened a provision of this Regulation concerning travel on buses.
(2)  In determining what action is reasonable for the purposes of subclause (1), regard is to be had to any guidelines for managing the behaviour of school students on buses published from time to time by TfNSW.
100   Directions to move to certain part of the bus
(1)  A driver of a bus, or an authorised officer on a bus, may direct a school student on the bus to occupy a specified seat on the bus, or to move to a particular part of the bus, if the driver or authorised officer believes on reasonable grounds that it is necessary for the preservation of order on the bus.
(2)  A school student who is given such a direction must comply with it.
Maximum penalty: 5 penalty units.
101   Direction to leave bus
A driver of a bus, or an authorised officer on a bus, is not to direct a person who the driver or authorised officer knows is a school student (or ought reasonably to know is a school student) to leave the bus unless:
(a)  on leaving the bus, the school student will be in the care of a person who is legally responsible for the student, or
(b)  the place at which the student is directed to leave the bus would appear to a reasonable person to be appropriate, having regard to the traffic conditions, proximity to other transport and nature of the locality.
102   Refusal to pick up school student
A driver of a bus may refuse to stop for, or to allow onto the bus, a school student who the driver believes on reasonable grounds has contravened a provision of this Regulation concerning travel on buses (whether or not the student has been prosecuted in relation to the contravention).
103   Review of action taken by operator or driver
TfNSW may review any action taken by the operator of a bus service or by a driver of a bus that involves the refusal to carry a particular school student on a bus or the placing of conditions on the carrying of a particular school student on a bus.
Division 5 Miscellaneous
104   Appointment of bus stops
(1)  TfNSW may appoint bus stops, to be indicated by signs erected or displayed with the approval of the roads authority for the road concerned and on which the words “BUS STOP”, “BUS STAND” or “BUS ZONE”, or some suitable pictorial representation, appear.
(2)  An operator of a bus service may appoint bus stops, but only in accordance with a prior written approval of the roads authority for the road concerned.
(3)  If times are specified on a sign referred to in this clause, the sign operates only during those times, but if no times are so specified the sign operates at all times.
(4)  In this clause, roads authority has the same meaning as it has in the Roads Act 1993.
105   Buses registered interstate
A person must not carry on a bus service using a bus that is not registered within the meaning of the Road Transport Act 2013 unless there is displayed in the bus, in a manner and form approved by RMS, an indication that the person is an accredited bus operator.
Maximum penalty: 10 penalty units.
106   Interstate bus drivers: exemption from section 11
(1)  A person who holds a licence, permit or other authority:
(a)  that allows the person to drive a public bus (that is, a bus that is used to provide a public passenger service) in some other State or Territory, and
(b)  that is recognised by TfNSW for the purposes of this clause,
is exempt from the provisions of section 11 (1) of the Act, and so is not required to hold an authority under Division 2 of Part 2 of the Act in order to drive such a bus in New South Wales.
(2)  This exemption does not apply in relation to journeys that take place wholly within New South Wales.