Passenger Transport (Consequential and Transitional) Act 1997

Passenger Transport (Consequential and Transitional) Act 1997

An Act to amend certain Acts and provide for transitional and savings matters consequent on the enactment of the Passenger Transport Act 1997 and for the purposes of statute law revision and related purposes

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Passenger Transport (Consequential and Transitional) Act 1997 .

2.   Commencement

(1)  This Act, except sections 3A and 5, commences immediately after the Passenger Transport Act 1997 commences.

(2)  Section 5 commences on the expiration of the 3 month period commencing on the day on which the Passenger Transport Act 1997 commences.

(3)  Section 3A commences on a day to be proclaimed.

2A.   Incorporation

[Section 2A Inserted by No. 96 of 1999, s. 7, Applied:26 Jun 2000] This Act is to be incorporated with, and read as one with, the Passenger Transport Act 1997 .

3.   

See Schedule 1 .

3A.   

See Schedule 2A .

4.   Savings and transitional provisions

The savings and transitional provisions set out in Schedule 2 have effect.

5.   Section 30A of Traffic Act 1925 repealed

Section 30A of the Traffic Act 1925 is repealed.

6.   Rescission of by-laws

The by-laws specified in Schedule 3 are rescinded.

7.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Transport; and

(b) the Department responsible to the Minister for Transport in relation to the administration of this Act is the Department of Transport.

SCHEDULE 1 - Consequential Amendments

The amendments effected by Section 3 and this Schedule have been incorporated into authorised versions of the following Acts:

(a) Litter Act 1973 ;

(b) Local Government (Highways) Act 1982 ;

(c) Motor Vehicles Taxation Act 1981 ;

(d) Passenger Transport Act 1997 ;

(e) Road Safety (Alcohol and Drugs) Act 1970 ;

(f) Roads and Jetties Act 1935 ;

(g) Taxi Industry Act 1995 ;

(h) Traffic Act 1925 ;

(i) Transport Act 1981 .

SCHEDULE 2 - Savings and transitional provisions

[Schedule 2 Substituted by No. 96 of 1999, s. 8, Applied:26 Jun 2000]

Section 4

PART 1 - General

[Part 1 of Schedule 2 Inserted by No. 96 of 1999, s. 8, Applied:26 Jun 2000]

1.   Interpretation

(1) In this Schedule, unless the contrary intention appears –

accreditation has the same meaning as in the new Act;

authorized officer means an authorized officer within the meaning of the Traffic Act 1925 ;

changeover period means the period that commences on the commencement day and ends on the day immediately before the day on which section 5 commences;

commencement day means the day proclaimed under section 2 of the new Act;

former Act means the Traffic Act 1925 as in force immediately before the commencement day;

licensed means licensed under the former Act;

new Act means the Passenger Transport Act 1997 ;

owner, for a vehicle, means the person who, either under the Traffic Act 1925 or another Act dealing with vehicle registration, is the registered owner or registered operator of the vehicle;

police officer means a police officer within the meaning of the Police Regulation Act 1898 ;

public vehicle licence means a public vehicle licence, including a temporary public vehicle licence, issued under Part III of the former Act;

transitional licence means a transitional licence issued under Part 3 of this Schedule;

transitional licensee means the holder of a transitional licence;

transitional period means the 5 year period that commences on the commencement day;

Tribunal means the Public Vehicles Licensing Appeal Tribunal constituted under section 30A of the former Act.

(2) Any expression that is defined in the new Act and used in this Schedule has, unless the contrary intention appears in this Schedule, the same meaning in this Schedule as in the new Act.

2.   Termination of public vehicle licensing system

On the commencement day, all public vehicle licences are cancelled.

3.   Omnibuses, coaches and buses

On the commencement day –

(a) [Part 1 of Schedule 2 Amended by No. 97 of 1999, Sched. 2, Applied:26 Jun 2000] a small passenger vehicle that was licensed as an omnibus or coach, including a school coach, is taken to be registered as a public passenger vehicle unless the Registrar determines on reasonable grounds that the vehicle is not let for hire with a driver for reward and, in that case, the vehicle is not to be registered as a public passenger vehicle or to be taken to be so registered; and

(b) a large passenger vehicle that was licensed as an omnibus or coach, including a school coach, is taken to be registered as a public passenger vehicle; and

(c) a large passenger vehicle that was not licensed as a public vehicle is taken to be exempt from the requirement to be registered as a public passenger vehicle.

4.   Hire cars

[Part 1 of Schedule 2 Amended by No. 97 of 1999, Sched. 2, Applied:26 Jun 2000] On the commencement day, a small passenger vehicle that was licensed as a hire car is taken to be registered as a public passenger vehicle unless the Commission on reasonable grounds determines that the vehicle is not let for hire with a driver for reward in which case the vehicle is not to be registered as a public passenger vehicle or to be taken to be so registered.

5.   Taxis

[Part 1 of Schedule 2 Amended by No. 97 of 1999, Sched. 2, Applied:26 Jun 2000] A vehicle that was a taxi immediately before the commencement day is, on that day, taken to be registered as a public passenger vehicle.

(a) [Part 1 of Schedule 2 Amended by No. 97 of 1999, Sched. 2, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

(b) [Part 1 of Schedule 2 Amended by No. 97 of 1999, Sched. 2, Applied:26 Jun 2000] .  .  .  .  .  .  .  .  

6.   Hire and drive vehicles

On the commencement day, a motor vehicle in respect of which a licence under section 14A of the former Act was held immediately before that day is, if the vehicle is designed and constructed primarily for the carriage of passengers, taken to be registered as a hire and drive vehicle.

7.   Regular passenger transport services

On the commencement day, a regular passenger transport service that was being provided with the approval of the Commission before that day by licensed omnibuses or coaches, including school coaches, is taken to be an authorised regular passenger transport service.

PART 2 - The Tribunal

[Part 2 of Schedule 2 Inserted by No. 96 of 1999, s. 8, Applied:26 Jun 2000]

8.   Termination of Tribunal

On the expiration of the changeover period, the Tribunal ceases to exist and all subsisting appointments under section 30A(2) of the former Act are terminated.

9.   Tribunal to wind up proceedings

(1) If, before the commencement day, notice of an appeal had been lodged with the Tribunal under the former Act but by that day the hearing of the appeal had not commenced or had commenced and not been concluded, no further proceedings are to be had in respect of the appeal.

(2) The Tribunal may, with or without hearing any person, make such orders relating to the termination of the proceedings as it thinks just and reasonable in the circumstances.

(3) The matters in respect of which the Tribunal may make orders under subclause (2) include, but are not limited to, the following:

(a) the costs of the appeal;

(b) the disposal of the deposit in the appeal;

(c) the expenses of any witnesses;

(d) the custody of any documents.

(4) For the purposes of making an order under subclause (2) the Tribunal may have regard to such matters as it thinks fit.

(5) The Tribunal must give notice of an order under subclause (2) to each person who is affected by that order.

(6) In the event that the Tribunal does not for any reason make an order as to costs under subclause (2) , each party is responsible for and must pay their own costs in the appeal.

(7) In the event that the Tribunal does not for any reason make an order as to the disposal of the deposit under subclause (2) , the deposit is –

(a) forfeited to the Crown if the hearing of the appeal had commenced by the commencement day; or

(b) to be refunded to the appellant if the hearing of the appeal had not commenced by that day.

(8) If the deposit is forfeited it is to be paid into the Consolidated Fund.

PART 3 - Transitional Licences

[Part 3 of Schedule 2 Inserted by No. 96 of 1999, s. 8, Applied:26 Jun 2000]

10.   Certain buses not to be used without transitional licence

(1) During the transitional period a person must not use a bus other than for an approved purpose, or cause or allow another person to use a bus other than for an approved purpose, unless –

(a) the bus is registered as a public passenger vehicle pursuant to the new Act and its owner holds a transitional licence which applies to that bus; or

(b) the bus is exempted under the new Act from the requirement to be registered as a public passenger vehicle.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 100 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 200 penalty units.

(2) For subclause (1) , an approved purpose is –

(a) a private purpose; or

(b) the provision of a regular passenger transport service; or

(c) the provision of a hire and drive service in accordance with the conditions of an accreditation; or

(d) the provision of a restricted tour or charter service (or a community, private or courtesy service) in accordance with the conditions of a public passenger service accreditation.

11.   Issue of transitional licences and register

(1) Transitional licences are to be issued by the Commission in accordance with this Part.

(2) Except as provided by clause 16 , a person may be issued with any number of transitional licences but such a licence is not capable of applying to more than one bus.

(3) A transitional licence is to be in a form approved by the Commission but it must adequately identify the transitional licensee and the bus the licence applies to.

(4) For the purposes of this Part, the Commission must keep a register of transitional licences until at least the end of the transitional period.

(5) The register is to contain such information as the Commission considers necessary or expedient for the purposes of this Part and any prescribed information.

12.   Transfer, variation and surrender

(1) A transitional licence may be transferred to another person if –

(a) the transitional licensee applies to the Commission for approval and pays a prescribed fee; and

(b) the Commission approves the transfer.

(2) A transitional licence may be varied so that it applies to another bus if –

(a) the transitional licensee applies to the Commission for approval and pays a prescribed fee; and

(b) the Commission approves the variation.

(3) The Commission must not unreasonably refuse an application under this clause.

(4) A transitional licence may be surrendered to the Commission at any time but it has no surrender value.

13.   Expiry, suspension and cancellation

(1) A transitional licence is to be issued for the whole of the transitional period but expires when that period expires.

(2) A transitional licence is taken to have been suspended if the transitional licensee is given notice by the Commission that the bus to which the licence applies –

(a) has ceased for any reason to be registered as a public passenger vehicle and is not exempt from the requirement to be so registered; or

(b) has been found by an authorised vehicle inspection to be unsuitable for use as a passenger-carrying vehicle.

(3) The Commission, by notice, may revoke the suspension if –

(a) in a case to which subclause (2)(a) applies – the bus is again registered as a public passenger vehicle or is exempted from the requirement to be so registered; or

(b) in a case to which subclause (2)(b) applies – the bus is again found by an authorised vehicle inspection to be suitable for use as a passenger-carrying vehicle.

(4) If the suspension is not revoked within 6 months, the Commission may, in its discretion, cancel the licence by giving notice of the cancellation to the licensee.

(5) For subclauses (2) and (3) , a vehicle inspection is authorised if it is carried out by a person who may lawfully inspect vehicles for the purposes of the Traffic Act 1925 or any other Act that regulates vehicles or traffic.

(6) The Commission may cancel or suspend a transitional licence if the holder of the licence is found guilty of more than one offence under this Part in respect of that licence or any other transitional licence.

(7) While a transitional licence is suspended it is not valid for any purpose.

14.   Identification of licensed vehicles, &c.

(1) The Commission may issue a transitional licensee with a distinguishing plate or label for the bus to which the licensee’s licence applies, together with instructions for affixing the plate or label to the vehicle.

(2) A transitional licensee who is issued with a distinguishing plate or label for a vehicle under subclause (1) must affix that plate or label to the bus, and keep it so affixed, in accordance with the instructions issued to the person under that subclause.

Penalty:  Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

(3) The holder of a transitional licence must produce the licence to a police officer or an authorized officer who demands to see it.

Penalty:  Fine not exceeding 5 penalty units.

(4) A person who is unable immediately to comply with subclause (3) is nevertheless taken to have so complied if the person produces the licence at a police station within 7 days of the demand.

15.   Holder of certain public vehicle licences to be issued with transitional licences

(1) A person who held a public vehicle licence for a vehicle immediately before the commencement day is to be issued with a transitional licence for the same vehicle on that day if the public vehicle licence was –

(a) an omnibus licence endorsed with the words “open omnibus licence”; or

(b) a coach licence endorsed with the words “open omnibus exemption”; or

(c) an omnibus or coach licence that the Commission is satisfied had conditions and entitlements of equivalent effect to those of a licence referred to in paragraph (a) or (b) notwithstanding the absence of an endorsement of the kind specified in either of those paragraphs.

(2) This clause has effect subject to clause 16 .

16.   Transitional licences for Metro Tasmania Pty. Ltd.

(1) Before it performs its duty under clause 15, the Commission must calculate how many transitional licences Metro Tasmania Pty. Ltd. would, but for this clause, be entitled to be issued with under that clause.

(2) Notwithstanding clause 15  –

(a) if the number is less than 25, the Commission must nevertheless issue Metro Tasmania Pty. Ltd. with 25 transitional licences under that clause; and

(b) if the number is 25 or more, the Commission must not issue Metro Tasmania Pty. Ltd. with more than that number of transitional licences under that clause.

(3) In a case to which subclause (2)(a) applies, Metro Tasmania Pty. Ltd. may nominate which vehicle each of the additional licences will apply to but, in default, the Commission may nominate the vehicle.

PART 4 - Accreditation

[Part 4 of Schedule 2 Inserted by No. 96 of 1999, s. 8, Applied:26 Jun 2000]

17.   Accreditation for holder of hire and drive vehicle licences

(1) On the commencement day, a person who held a licence under section 14A of the former Act immediately before that day is to be granted accreditation as an operator of a hire and drive service under and subject to Part 2A of the new Act for a period of 3 years.

(2) In determining the initial conditions of the accreditation the Commission is to have regard to the principle that those conditions should, as far as practicable, match the conditions of the licence that the person held under section 14A of the former Act.

(3) For subclause (1) , the Commission must issue the person with an accreditation certificate, and record particulars of the accreditation in the Accreditation Register, without delay.

18.   Accreditation for holder of public vehicle licence

(1) On the commencement day, a person who held a public vehicle licence of a prescribed kind immediately before that day is to be granted accreditation as an operator of a public passenger service under and subject to Part 2A of the new Act for a period of 3 years.

(2) The accreditation is to be granted –

(a) for the category or categories of service that the Commission reasonably determines most closely match the kind, and the conditions, of the public vehicle licence held by the person; and

(b) on initial conditions that, as far as practicable, match the conditions of that licence.

(3) In exercising power under this clause the Commission is to have regard to the principle that, on and after the commencement day, a person to whom the clause applies should, as far as practicable, be able to continue providing the same passenger transport services that the person was authorised to provide immediately before that day under a public vehicle licence.

(4) For subclause (1) , the Commission must issue the person with an accreditation certificate, and record particulars of the accreditation in the Accreditation Register, without delay.

(5) For this clause a public vehicle licence is taken to have been of a prescribed kind if it was a coach licence, omnibus licence or hire-car licence.

19.   Accreditation for transitional licensees

(1) Each person who is issued with a transitional licence under Part 3 of this Schedule is to be immediately granted accreditation as an operator of a public passenger service under and subject to Part 2A of the new Act (for the open tour or charter service category) for a period of 3 years.

(2) For subclause (1) , the Commission must issue the person with an accreditation certificate, and record particulars of the accreditation in the Accreditation Register, without delay.

20.   Limitation on Commission’s power of accreditation

(1) Except as may be required under clause 17 , during the first 12 months of the transitional period the Commission must not accredit a person as an operator for a hire and drive service under Part 2A of the new Act if the person proposes to use a large passenger vehicle to provide that service or any part of that service.

(2) Subclause (1) has effect notwithstanding Part 2A of the new Act.

SCHEDULE 2A - Consequential Amendments

The amendments effected by Section 3A and this Schedule have been incorporated into the authorised version of the Traffic Act 1925 .

SCHEDULE 3 - Rescission of by-laws

Section 6