Transport Operations (Passenger Transport) Act 1994 – 23 September 2016
Transport Operations (Passenger Transport) Act 1994 – 23 September 2016
Transport Operations (Passenger Transport) Regulation 2005 – 1 November 2016
Transport Operations (Passenger Transport) Standard 2010 – 5 September 2016
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A person must be accredited and use appropriately authorised drivers to operate a public passenger service (that is not a rail or air service). Note: To provide a public passenger service for an area or route or taxi service, the person may also need to be party to a service contract with the government. For the definition of public passenger service, see Schedule 3 of the Act. Note: Section 12 accreditation is not required for a driver operated booked hire service.
- Sections 3, 11, 12, 15, 17, 22B, 29A, 36, 43, 66, 92, 100, Schedule 3; Regulations 2, 5, 6, 8, 9, 17, 45, 50, 120, 124, 136, 141A, Schedules 1, 6, 11; Standards 19, 20, 31
A person must be an authorised driver to operate a public passenger vehicle providing a public passenger service (that is not a rail or air service). An application for the grant of driver authorisation is to be made in the approved form to the government. Eligibility requirements apply such as holding a relevant driver licence for a particular length of time. A person is not eligible to be granted driver authorisation unless the person gives the government a prescribed medical certificate.
- Sections 3, 23, 24, 27, 28A, 29, Schedules 1A, 3; Regulations 2, 20, 20A, 20B, 20C, 21, 21A, 21C, 21D, 24, 25, 40A, 42, 96AO, 96AP, 130, 137, Schedules 8, 11
An accredited operator must not permit an authorised driver (who is a not an employee) to drive a taxi for which the accredited operator is responsible unless the accredited operator has entered into a taxi service bailment agreement for the bailment of the taxi with the authorised driver.
- Sections 35K, 35L, 35M, 35N, 35O, 35Q; Regulation 146B
The government may enter into service contracts with accredited operators in relation to the following public passenger services: scheduled passenger services, service for the administration of taxi services and ferry services. Note: Once in effect, a service contract may only be transferred to another person with government approval.
- Sections 3, 37, 38, 39, 40, 41, 44, 45, 47A, 48, Schedule 3
A person must not provide a taxi service using a motor vehicle that is not a taxi.
- Sections 3, 69, 70, 73, 74, 74AA, 74AB, 75A, 80D, 80E, 80F, 80G, Schedule 3
The government by public notice may fix the number of taxi service licences for a taxi service area.
- Sections 3, 71, Schedule 3
The government may by gazette notice decide maximum fares for taxis.
- Section 74A
The government may make regulations about transferring, leasing or surrendering taxi service licences. Pursuant to regulation 54 of the Transport Operations (Passenger Transport) Regulation 2005, the government must be given written notice of a proposed transfer or lease of a taxi service licence (before the transfer or lease takes effect).
- Sections 3, 76, Schedule 3; Regulations 52B, 54
The government may make regulations limiting the number of licences held, leased or managed by a single operator in a taxi service area.
- Section 78; Regulations 52B, 53
A person with a physical disability or medical condition (‘a relevant person’) may apply in the approved form to the government for membership of the taxi subsidy scheme. For the definition of ‘relevant person’, refer to regulation 94 of the Transport Operations (Passenger Transport) Regulation 2005. Note: This definition excludes an NDIS participant.
- Section 80; Regulations 94, 95, 96AA
A person who holds a taxi service licence for a taxi service area must pay a yearly taxi industry security levy.
- Section 80A; Regulations 52B, 60A, 145, Schedules 2A, 9
A person must not provide a limousine service using a vehicle unless the person has a limousine service licence.
- Sections 3, 82, 83, 83A, 84, 85, 86, 87, Schedule 3
The government may make regulations about transferring, leasing or surrendering limousine service licences. Pursuant to regulation 98 of the Transport Operations (Passenger Transport) Regulation 2005, the government must be given written notice of a proposed transfer or lease of a limousine service licence (before the transfer or lease takes effect).
- Sections 3, 89, Schedule 3; Regulation 98
When sentencing an offender for a relevant offence or a transport indictable offence, the court may make an exclusion order whereby the offender’s use of public transport is restricted or prohibited.
- Sections 3, 129Y, 129Z, 129ZA, 129ZB, 143AHA, Schedule 3
A person must not evade payment of the fare lawfully required for the person’s use or hire of a public passenger vehicle.
- Sections 143AA, 143AB, 143AC
The driver or an authorised person may require anyone who is travelling or attempting to travel on a public passenger vehicle to produce to the driver or authorised person the person’s ticket/smartcard for the journey.
- Sections 3, 143AA, 143ADA, 143ADB, Schedule 3
A person who buys a concession ticket/smartcard must carry evidence of the person’s entitlement to the concession when buying the ticket/smartcard or travelling on the journey for which the ticket/smartcard is issued.
- Sections 3, 143ADB, Schedule 3
In addition to the fare that a driver of a taxi may charge, the driver may charge a person who soils the taxi an additional amount (not more than 1 penalty unit) for cleaning the taxi.
- Regulation 63
The driver of a taxi must not drive the vehicle to the destination specified by the hirer in a way that involves excessive charging.
- Regulation 63
There are maximum age limits for taxis and these are set out in regulation 67 of the Transport Operations (Passenger Transport) Regulation 2005. In most instances, taxis cannot be older than 6 years from their date of compliance.
- Regulations 2, 67, Schedule 11
A relevant entity must give a hirer of a booked hire service a fare estimate before the service begins, unless the relevant entity has a reasonable excuse. This rule does not apply to a booked hire service provided using a taxi that is arranged using a device, fixed at a place, that has the primary function of allowing a hirer to arrange for the provision of the service from the place. For the definition of ‘booked hire service’, refer to Schedule 11 of the Transport Operations (Passenger Transport) Regulation 2005.
- Regulations 2, 117A, Schedule 11
A person must not charge a hirer of a booked hire service a fare more than: the estimated fare stated in a fare estimate; or (b) if the fare estimate states the circumstances when the amount of the fare may be higher than the estimated fare—the estimated fare plus an additional amount worked out in the way stated in the fare estimate.
- Regulation 117B
A driver of a booked hire vehicle must not drive the vehicle unless the prescribed sign is displayed. The sign must: reasonably imply that the vehicle is a booked hire vehicle, for example, by displaying a trademark; and be fitted on or towards the rear of the vehicle; and be clearly visible from outside the vehicle.
- Regulation 117C
An owner of a motor vehicle must not allow the vehicle to be used to provide a booked hire service unless a safety certificate for the vehicle has been issued within the last 12 months.
- Regulation 117D
An operator of a public passenger vehicle must ensure the vehicle is in a safe condition when it is being used to provide a public passenger service.
- Regulation 122
School and general route public buses with air conditioning must have the air conditioning switched on when the temperature is forecast to be at least 28ºC.
- Section 3, Schedule 3; Regulations 126A, 133A
A person must not smoke in a public passenger vehicle.
- Regulation 128
A person must not consume food or beverages in a public passenger vehicle without the permission of the operator or driver of the vehicle.
- Regulation 128
A person must not take an animal on a public passenger vehicle unless: the person has control of the animal and either: (i) the person has the permission of the operator or driver of the vehicle; or the animal is an assistance animal.
- Regulations 2, 129, Schedule 11
If a passenger of, or intending passenger for, a public passenger vehicle asks for help to board or leave the vehicle, or asks for help with luggage, the driver of the vehicle must give the help to the extent that it is reasonable for the driver to do so.
- Regulation 132
A person must not publicly and personally sell anything, seek business or conduct a survey, without permission on a busway, busway transport
infrastructure or light rail platform.
- Regulations 2, 133C, 133L, Schedule 11
A person must not play a musical instrument or operate sound equipment, without permission on a busway, busway transport infrastructure or light rail platform.
- Regulations 2, 133C, 133M, Schedule 11
A person must not spit while on or in a public passenger vehicle, a busway, busway transport infrastructure or a light rail platform.
- Regulations 2, 133O, Schedule 11
The driver of the public passenger vehicle must (if requested) before leaving the destination for the journey, give the hirer an itemised receipt for the fare, unless the driver reasonably believes that another entity has given, or is to give, the hirer an itemised receipt.
- Regulation 137B
The government may, by gazette notice, approve a code of conduct applying in relation to school students travelling on public passenger vehicles.
- Sections 92, 100; Regulation 139; Standard 42
A driver of a vehicle must have a blood alcohol concentration of zero while operating the vehicle for a public passenger service.
- Sections 92, 100; Standards 3, 9, Schedule 4
Reason for law
To provide the best possible public passenger transport at reasonable cost to the community and government, keeping government regulation to a minimum. (Section 2)
Sections 129W, 129ZA and 129ZB reference the Juvenile Justice Act 1992 which has been replaced with the Youth Justice Act 1992.
Sections 129ZD and 129ZE contain the phrase ‘Crown Prosecutor’. This phrase may be replaced with a modern alternative.
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