Passenger Transport Regulations 2000

Passenger Transport Regulations 2000

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Passenger Transport Act 1997 .

G. S. M. GREEN

Governor

By His Excellency's Command,

P. A. LENNON

Minister for Infrastructure, Energy and Resources

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Passenger Transport Regulations 2000 .

2.   Commencement

These regulations take effect on the day on which the Passenger Transport Act 1997 commences.

3.   Interpretation

(1)  In these regulations –

accredited operator means a person who holds accreditation;

Act means Passenger Transport Act 1997 ;

contravene includes fail to comply;

[Regulation 3 Subregulation (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004]

prescribed fee, for any matter, means the fee prescribed for that matter in Schedule 2 ;

public street means a public street within the meaning of the Traffic Act 1925 ;

State includes Territory.

(2)  For the purposes of these regulations, a public passenger vehicle is taken to be providing a public passenger service not only when it is in motion but also during any period when it is stationary for the purpose of allowing passengers using the service to board or leave the vehicle.

PART 2 - Exemptions and permits

4.   Public passenger vehicle registration exemptions

For the purposes of section 8(1)(a) of the Act, the Registrar's power of exemption may be exercised in respect of a vehicle that is used exclusively for private purposes by a family.

5.   Special public passenger vehicle permits

(1)  [Regulation 5 Subregulation (1) amended by S.R. 2000, No. 139, Applied:14 Aug 2000] The Commission, in special circumstances, may issue the registered operator of a motor vehicle that is not registered as a public passenger vehicle with a special permit allowing the vehicle to be operated as if it were a public passenger vehicle.

(2)  For the purposes of subregulation (1) , special circumstances exist if the Commission is satisfied –

(a) that the vehicle concerned is registered in another State, that the interstate registration is substantially equivalent to public passenger vehicle registration and that the vehicle is to be used only temporarily in Tasmania  for the purpose of providing a public passenger service by –

(i) a person who holds accreditation; or

(ii) a person who, after conducting a single tour, will remove the vehicle from the State; or

(b) that it would not be appropriate, having regard to its proposed use, for the vehicle concerned to be registered as a public passenger vehicle; or

(c) that there is a temporary shortage in the public availability of public passenger vehicles, either generally or of a particular kind.

(3)  An application for a special permit is to be –

(a) [Regulation 5 Subregulation (3) amended by S.R. 2000, No. 139, Applied:14 Aug 2000] made by the registered operator of the vehicle concerned on a form that the Commission has provided or approved for the purpose; and

(b) lodged with the Registrar; and

(c) signed by the applicant; and

(d) accompanied by the prescribed fee, if any.

(4)  The Commission may require an applicant to provide any further information that the Commission considers necessary in order to consider the application.

(5)  In determining whether or not to issue a special permit the Commission may have regard to such matters as appear to the Commission to be relevant in the circumstances and, without limiting the generality of this, may have regard to either or both of the following:

(a) whether the vehicle concerned is suitable and roadworthy for the purposes of carrying passengers;

(b) whether the proposed driver of the vehicle is qualified to drive it.

(6)  A special permit –

(a) may be issued for such period, not exceeding 3 months, as the Commission determines is appropriate in the circumstances; and

(b) may be issued unconditionally or subject to such conditions as the Commission considers appropriate in the circumstances; and

(c) is to be in such form as the Commission determines; and

(d) is not transferable or renewable; and

(e) may be surrendered by the permit holder at any time, but has no surrender value.

(7)  The Commission, by notice in writing to the permit holder, may cancel a special permit at any time if satisfied that –

(a) the circumstances that justified its issue no longer exist; or

(b) the holder of the permit has contravened a condition of the permit.

(8)  Before cancelling a special permit, the Commission may consider any representations of the permit holder.

(9)  The holder of a special permit must cause the permit to be carried at all times in the vehicle for which the permit has been issued.

Penalty:  Fine not exceeding 10 penalty units.

(10)  The driver or person in charge of a vehicle for which a special permit has been issued must produce that permit for inspection immediately if requested to do so by –

(a) a police officer; or

(b) an authorised officer within the meaning of the Traffic Act 1925 .

Penalty:  Fine not exceeding 10 penalty units.

(11)  It is a defence in proceedings under subregulation (10) for the defendant to show that –

(a) the defendant was not the holder of the permit when the request was made; and

(b) the defendant's failure to comply with the subregulation was attributable to an act or omission of the holder of the permit.

(12)  A person who is given notice by the Commission that his or her special permit has been cancelled must return that permit to the Commission within 7 days after being given the notice or within such longer period as the Commission, by the notice, may allow.

Penalty:  Fine not exceeding 10 penalty units.

6.   General public passenger vehicle permits

(1)  The Commission, in special circumstances, may issue a general permit allowing motor vehicles of a group or class specified in the permit to be operated as if they were public passenger vehicles without being registered as such.

(2)  For the purposes of subregulation (1) , special circumstances exist if the vehicles concerned are all registered in another State and the Commission is satisfied –

(a) that the interstate registration of each of the vehicles is substantially equivalent to public passenger vehicle registration and that none of them will be used in Tasmania except for the purpose of providing a public passenger service by –

(i) a person who holds accreditation; or

(ii) a person who, after conducting a single tour with such a vehicle, will remove that vehicle from the State; or

(b) that the vehicles are designed and constructed to carry 13 or more passengers, including the driver, and that none of them will be used in Tasmania except for private purposes.

(3)  A general permit is to be published in the Gazette.

(4)  A general permit may specify any conditions that the driver or person in charge of a vehicle must not contravene while it is operating under the authority of the permit.

(5)  A general permit takes effect on the later of the following days:

(a) the day on which it is published in the Gazette;

(b) a day specified in the permit, if any.

(6)  A general permit remains in force until it is revoked.

(7)  The Commission, by notice in the Gazette, may revoke a general permit at any time if satisfied that –

(a) the circumstances that justified its issue no longer exist or have changed; or

(b) persons using the permit have seriously or repeatedly contravened the conditions of the permit.

(8)  Before revoking a general permit, the Commission may consider any representations of persons who have –

(a) made use of the permit; or

(b) indicated to the Commission that they intend to make use of the permit.

(9)  A person must not contravene a condition of a general permit applying to that person.

Penalty:  Fine not exceeding 20 penalty units.

(10)  Unless it is sooner revoked, the Commission must review the need for a general permit at least once in each 3 year period.

6A.   Small passenger vehicle exemptions

[Regulation 6A Inserted by S.R. 2007, No. 72, Applied:29 Aug 2007]

(1)  A small passenger vehicle is exempted from the requirement to be registered as a public passenger vehicle until 1 January 2009 if the small passenger vehicle is only used for the purpose of providing a community transport service.

(2)  For the purpose of subregulation (1)  –

community transport service means a transport service provided by –

(a) an organisation –

(i) that is a not-for-profit organisation; and

(ii) that is funded entirely or partially by any of the following or a combination of any of the following:

(a) the Commonwealth;

(b) the State;

(c) a council; or

(b) an organisation that is, or is entitled to be, endorsed by the Australian Taxation Office as a charitable or benevolent institution; or

(c) a council; or

(d) the Crown.

PART 3 - Matters relevant to accreditation

7.   Disqualifying offence

An offence is a disqualifying offence for the purposes of Part 2A of the Act if it is committed against –

(a) regulation 13(1), 14 or 17(1); or

(b) section 14(2), 14(3), 15(1), 16(2), 16A or 21(4) of the Act ; or

(c) [Regulation 7 Amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] sections 12, 26, 43, 61, 71, 95 and 96 of the Taxi and Luxury Hire Car Industries Act 2008 .

(d) [Regulation 7 Amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] .  .  .  .  .  .  .  .  

8.   Prescribed period for disqualifying offences

For the purposes of section 16F(4)(b) of the Act, the prescribed period is 5 years.

9.   Period of accreditation

For the purposes of section 16H(2) of the Act, the period for which accreditation remains valid is 5 years.

10.   Prescribed period for renewal applications

For the purposes of section 16L(2)(d) of the Act, the prescribed period is not less than 30 days and not more than 60 days before the day.

11.   Notifications in relation to responsible officers

(1)  An accredited operator must give the Commission immediate notice if the accredited operator's responsible officer ceases to be –

(a) in the case of an accredited operator that is a partnership – a partner in that partnership; or

(b) in the case of an accredited operator that is an incorporated body – an officer or employee of that body; or

(c) in the case of an accredited operator that is an unincorporated body – a member of that body.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person may at any time give notice to the Commission that he or she wishes to relinquish, or has relinquished, his or her status as a responsible officer.

12.   Evidence of accreditation

An accredited operator must cause a copy of the operator's current accreditation certificate to be prominently displayed in each vehicle that is used under the operator's accreditation.

Penalty:  Fine not exceeding 10 penalty units.

13.   Placing drivers and passengers at unreasonable risk

(1)  An accredited operator or responsible officer must not, by any act or omission, place the safety of a driver of, or passenger on, a public passenger vehicle at unreasonable risk.

Penalty:  Fine not exceeding 50 penalty units.

(2)  For the purposes of subregulation (1) , a person who commits an act or makes an omission for the purpose of ensuring that a public passenger service or hire and drive service is provided in accordance with the laws of the State, or the conditions of an accreditation, is taken not to have placed another person's safety at unreasonable risk.

(3)  If a body corporate commits an offence against subregulation (1) , each person concerned in the management of that body corporate is taken also to have committed that offence and may be convicted of the offence unless the person proves that the act or omission constituting the offence took place without that person's knowledge or consent.

(4)  A person referred to in subregulation (3) may be convicted of the offence whether or not the body corporate is convicted of the offence.

PART 4 - Operation of public passenger vehicles

Division 1 - Regular passenger transport service obligations

14.   Authorised operators must provide service

A person who is authorised under Part 3 of the Act to provide the whole or any part of a regular passenger transport service must not, without the prior written permission of the Commission or lawful excuse, fail to provide that service or part service.

Penalty:  Fine not exceeding 50 penalty units.

15.   Refusal of hiring

(1)  A person who is driving a public passenger vehicle to provide a regular passenger transport service must not refuse a hiring.

Penalty:  Fine not exceeding 10 penalty units.

(2)  It is a defence in proceedings under subregulation (1) for the defendant to show that –

(a) the intending hirer failed to comply with a request made in accordance with regulation 19(1) ; or

(b) the defendant reasonably believed that there was a danger that the intending hirer would commit an offence under regulation 20 ; or

(c) the defendant reasonably believed that –

(i) the intending hirer's luggage could not be safely stowed on the vehicle; or

(ii) accepting the hiring would have caused the vehicle to exceed its operational capacity as determined under Schedule 1 ; or

(iii) there was some other lawful excuse for refusing the hiring –

and assisted the intending hirer to obtain alternative means of transportation.

16.   Not setting down passenger at nominated place

(1)  A person who is driving a public passenger vehicle to provide a regular passenger transport service must not set down a passenger at a place other than the destination nominated by the passenger.

Penalty:  Fine not exceeding 10 penalty units.

(2)  It is a defence in proceedings under subregulation (1) for the defendant to show that –

(a) the passenger was set down elsewhere pursuant to a direction given in accordance with regulation 21(1) ; or

(b) the passenger was set down elsewhere –

(i) in an emergency; or

(ii) for safety reasons; or

(iii) on other reasonable grounds; or

(c) the destination nominated by the passenger was not on the route of the regular passenger transport service; or

(d) in the case of a regular passenger transport service having designated stopping places for the picking up and setting down of passengers  – the passenger was set down at the stop nearest to the nominated destination; or

(e) in the case of a school bus service being provided under a contract with the Commission  – the passenger, being a schoolchild, was set down elsewhere in accordance with the terms of that contract.

Division 2 - Passenger capacity

17.   Operational capacity

(1)  A person must not, without the prior written permission of the Commission, drive or use a public passenger vehicle on a public street for the purposes of carrying passengers for reward, or cause or allow a public passenger vehicle to be driven on a public street for that purpose, if the number of seated and standing passengers on that vehicle exceeds its operational capacity as determined under Schedule 1 .

Penalty:  Fine not exceeding 25 penalty units.

(2)  A person must not, without the prior written permission of the Commission, drive or use a public passenger vehicle on a public street for the purposes of carrying passengers for reward, or cause or allow a public passenger vehicle to be driven on a public street for that purpose, unless the operational seating capacity of the vehicle in terms of the number of adult seats available for passengers is prominently displayed inside the vehicle, together with its operational standing capacity where this is greater than zero.

Penalty:  Fine not exceeding 15 penalty units.

Division 3 - General controls and safety

18.   Authorised person

(1)  A police officer is an authorised person for the purposes of this Division.

(2)  The Commission may, in writing –

(a) appoint other persons to be authorised persons for the purposes of this Division; and

(b) determine the conditions of those appointments.

(3)  [Regulation 18 Subregulation (3) amended by No. 86 of 2000, Sched. 2, Applied:01 May 2001] The State Service Act 2000 does not apply to an authorised person, but a person appointed as an authorised person may hold that office in conjunction with State Service employment.

(4)  The Commission, for any reason it considers sufficient, may at any time –

(a) suspend or terminate an appointment under subregulation (2) ; or

(b) vary the conditions of any such appointment.

(5)  The Commission must issue each person appointed under subregulation (2) with a unique badge or card that identifies the person as an authorised person, and the person is not entitled to exercise power as an authorised person under this Division unless he or she displays that badge or card prominently when the power is being exercised.

(6)  A person appointed under subregulation (2) must return the card or badge to the Commission within 7 days after being given notice by the Commission that the appointment has been terminated.

Penalty:  Fine not exceeding 5 penalty units.

(7)  A person appointed under subregulation (2) does not incur any personal liability for any act done or purported or omitted to be done in good faith as an authorised person under this Division.

19.   Identity of passengers

(1)  The driver of a public passenger vehicle, or an authorised person on a public passenger vehicle, may request a person to state his or her name and address if –

(a) the driver, or authorised person, reasonably believes that the person may have committed, or may intend to commit, an offence under regulation 20 or 21 ; or

(b) the person has indicated that he or she wishes to travel on the vehicle but pay for that travel at a later time.

(2)  A person must comply with a request under subregulation (1) immediately.

Penalty:  Fine not exceeding 10 penalty units.

20.   Offences by travellers

(1)  A person on a public passenger vehicle must not –

(a) smoke; or

(b) litter.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person on a public passenger vehicle must not –

(a) do anything to endanger the safety of the vehicle or another person; or

(b) threaten, harass or attempt to intimidate another person; or

(c) unreasonably obstruct or hinder another person; or

(d) unreasonably disturb the comfort or convenience of another person; or

(e) damage or deface the vehicle or any of the vehicle's fittings or the property of another person; or

(f) throw anything inside, or from, the vehicle.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A person who is a passenger on a public passenger vehicle providing a regular passenger transport service must not, without the permission of the driver or an authorised person –

(a) travel without a valid ticket for the journey being undertaken; or

(b) eat or drink; or

(c) occupy more than one seat; or

(d) sell or distribute, or attempt to sell or distribute, anything; or

(e) display, or attempt to display, any sign; or

(f) affix, or attempt to affix, anything to the vehicle; or

(g) have an animal on board the vehicle.

Penalty:  Fine not exceeding 10 penalty units.

(4)  It is a defence in proceedings under subregulation (3)(b) for the defendant to show that, at the relevant time, he or she was merely chewing, sucking or otherwise consuming an item of medication.

(5)  It is a defence in proceedings under subregulation (3)(g) for the defendant to show that, at the relevant time, he or she had a disability and the animal on board the vehicle was trained to assist the person on account of that disability.

21.   Traveller causing nuisance or danger

(1)  The driver of, or an authorised person on, a public passenger vehicle may stop the vehicle and direct any person to leave the vehicle if the driver or authorised person reasonably believes that the person is –

(a) doing anything to endanger the safety of the vehicle or another person; or

(b) threatening, harassing or attempting to intimidate another person; or

(c) unreasonably disturbing the comfort or convenience of another person; or

(d) unreasonably obstructing or hindering another person; or

(e) damaging or defacing any part of the vehicle or any of the vehicle's fittings or the property of another person.

(2)  A person must comply with a direction under subregulation (1) immediately.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A police officer, using only such force as may reasonably be necessary in the circumstances, may remove a person from a public passenger vehicle if the police officer is satisfied that –

(a) the person has been given a direction under subregulation (1) ; and

(b) there were apparently proper grounds for issuing the direction; and

(c) the person has failed to comply with the direction.

(4)  Notwithstanding subregulation (1) , a driver or authorised person must not direct a person to leave a vehicle pursuant to that subregulation if, in the circumstances –

(a) the person's safety is likely to be put at unreasonable risk; or

(b) if the person is a schoolchild – the direction would be inconsistent with any directions of the Commission concerning the transport of schoolchildren on regular passenger transport services.

22.   Requirement to pay fares

(1)  A person must not travel as a passenger on a public passenger vehicle providing a regular passenger transport service unless –

(a) the person has paid any required fare or holds a ticket that entitles the person to travel on the vehicle at that time and for the journey the person is making; or

(b) the person holds a valid pass, issued or approved by the Commission, entitling the person to travel on the vehicle at that time without paying a fare; or

(c) the person has been given permission by the driver of the vehicle, or by an authorised person, to pay the fare for the person's journey at a later time; or

(d) the person is a schoolchild and the service being provided is a school bus service, not requiring the payment of fares, under contract with the Commission.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The driver of, or an authorised person on, a public passenger vehicle providing a regular passenger transport service may –

(a) request any person on the vehicle to produce for inspection a ticket or pass that entitles the passenger to travel on the vehicle at that time and for the journey the person has made or is apparently making; and

(b) if the driver or authorised person reasonably believes that a person on the vehicle has not paid the correct fare for the journey the person has made or is apparently making – request that person on the vehicle to pay that fare or, if applicable, the amount of that fare outstanding.

(3)  A person must comply with a request under subregulation (2) immediately.

Penalty:  Fine not exceeding 10 penalty units.

23.   Requirements in relation to standing passengers

A person who is driving or using a public passenger vehicle on a public street for the purposes of carrying passengers for reward must not –

(a) cause or allow a passenger who is travelling on the vehicle in a standing position to obstruct an entrance or exit on the vehicle; or

(b) cause or allow a passenger on the vehicle to travel in a standing position to the danger or discomfort of another passenger or the driver.

Penalty:  Fine not exceeding 10 penalty units.

24.   Requirements in relation to freight and luggage

A person must not drive or use a public passenger vehicle on a public street if –

(a) any freight or luggage being carried on the vehicle is not safely stowed; or

(b) any aisle, entrance or emergency exit on the vehicle is obstructed by freight or luggage.

Penalty:  Fine not exceeding 10 penalty units.

25.   Safety restrictions on standing and parking

A person must not stand or park a public passenger vehicle on a public street to pick up or set down passengers, or cause or allow a public passenger vehicle to stand or park on a public street for that purpose, if by so doing the person would be likely to –

(a) create an unreasonable risk to the safety of the passengers being picked up or set down; or

(b) unreasonably disrupt the lawful movement of traffic; or

(c) create an unreasonable risk to the safety of persons who may lawfully use that street, whether in other vehicles or as pedestrians.

Penalty:  Fine not exceeding 25 penalty units.

PART 5 - Miscellaneous

25A.   Prescribed circumstances for purposes of section 16V of Act

[Regulation 25A Inserted by S.R. 2007, No. 72, Applied:29 Aug 2007]

(1)  For the purposes of section 16V(1)(a) of the Act, the prescribed circumstances are the provision of community transport services.

(2)  In this regulation –

community transport service means a transport service provided by –

(a) an organisation –

(i) that is a not-for-profit organisation; and

(ii) that is funded entirely or partially by any of the following or a combination of any of the following:

(a) the Commonwealth;

(b) the State;

(c) a council; or

(b) an organisation that is, or is entitled to be, endorsed by the Australian Taxation Office as a charitable or benevolent institution; or

(c) a council.

26.   Regular passenger transport service applications

(1)  An application under section 20 of the Act to provide a regular passenger transport service is to be –

(a) made on a form that the Commission has provided or approved for the purpose; and

(b) lodged with the Commission; and

(c) signed by the applicant; and

(d) accompanied by the prescribed fee, if any.

(2)  The Commission may require an applicant to provide any further information that the Commission considers necessary in order to consider the application.

(3)  The Commission may waive the whole or any part of the application fee and, without limiting the exercise of this discretion, it may do so in the case of any application that is for –

(a) a service that is not a core passenger service; or

(b) a variation to an existing approved service.

26A.   Regulation of operation of regular passenger transport services

[Regulation 26A Inserted by S.R. 2003, No. 99, Applied:03 Sep 2003]

(1)  If the Commission approves an application to provide a regular passenger transport service made under section 20 of the Act, the Commission may make a determination in respect of one or more of the following matters:

(a) the conduct, obligations and rights of drivers and operators of the service;

(b) the obligations of the accredited operator of the service;

(c) the review, regulation and control of the service in general.

(2)  Without limiting subregulation (1) , the determination may include –

(a) the route, and timetable, that the service must follow; and

(b) the areas where the service may, or may not, pick up or set down passengers; and

(c) if the person operating the service is to be remunerated by the charging of fares, the fares that may be charged on the service.

(3)  A person operating a regular passenger transport service approved under section 20 of the Act must comply with a determination made under subregulation (1) .

Penalty:  Fine not exceeding 50 penalty units.

26B.   Suspension or cancellation of authorisation

[Regulation 26B Inserted by S.R. 2003, No. 99, Applied:03 Sep 2003]

(1)  The Commission may suspend or cancel the authorisation of a regular passenger transport service, authorised under section 21(2)(b) of the Act or taken to be an authorised regular passenger transport service by reason of clause 7 of Part 1 of Schedule 2 to the Passenger Transport (Consequential and Transitional) Act 1997 , if –

(a) the accredited operator has his or her accreditation suspended or cancelled, or made probationary, under section 16P of the Act; or

(b) the Commission believes, on reasonable grounds, that the person operating the service has breached and will continue to breach, or has consistently breached, regulation 26A ; or

(c) the accredited operator has surrendered the authorisation of the regular passenger service to the Commission; or

(d) the accredited operator has not operated a regular passenger transport service under the authorisation within the last 12 months.

(2)  The Commission may cancel the authorisation of a regular passenger transport service, authorised under section 21(2)(a) of the Act or taken to be an authorised regular passenger transport service by reason of clause 7 of Part 1 of Schedule 2 to the Passenger Transport (Consequential and Transitional) Act 1997 , if the contract under section 18 of the Act has expired or been terminated.

(3)  The Commission must not exercise its power under this regulation without giving the accredited operator of the service –

(a) notice of its intention to exercise its power under this regulation; and

(b) the reasons it intends to exercise the power; and

(c) at least 3 days to respond to the notice.

(4)  After complying with subregulation (3) , the Commission must, in writing, inform the accredited operator –

(a) whether the authorisation is suspended or cancelled; and

(b) if the authorisation is suspended or cancelled, of the day on which the suspension or cancellation takes effect.

(5)  Subregulations (3) and (4) do not apply where the Commission is satisfied that there is an immediate and serious danger to public safety.

(6)  The Commission is to record particulars of the cancellation or suspension in the record of the authorised service kept under section 21 of the Act.

(7)  The Commission may at any time revoke a suspension under this regulation if it is satisfied that the suspension is no longer merited.

27.   Additional limited passenger services

[Regulation 27 Substituted by S.R. 2005, No. 105, Applied:14 Sep 2005]

(1)  For the purposes of item 1(h) of Schedule 2 to the Act, the following are prescribed to be limited passenger services:

(a) a passenger service that involves the hiring out of a small passenger vehicle other than a bus, together with a driver, for irregular tours or general hire –

(i) within a part of Tasmania that the Commission reasonably determines is not serviced, or only rarely serviced, by a taxi; and

(ii) in accordance with guidelines issued by the Commission for the purposes of that item;

(b) a passenger service that involves the hiring out of a novelty vehicle, together with a driver, to carry passengers for reward.

(2)  In this regulation –

novelty vehicle means a vehicle that is –

(a) custom-made or substantially modified from its original design; and

(b) used to carry passengers for entertainment.

28.   Prescribed fees

The fees specified in Schedule 2 are prescribed as the fees that are payable for the matters to which they respectively relate.

29.   

SCHEDULE 1 - Operational capacity

Regulation 17

PART 1 - Operational capacity

1.   The operational capacity of a public passenger vehicle is the sum of its operational seating capacity as determined under Part 2 of this Schedule and its operational standing capacity as determined under Part 3 of this Schedule.

PART 2 - Seating capacity

1.   [Part 2 of Schedule 1 Amended by S.R. 2000, No. 139, Applied:14 Aug 2000] Subject to items 2 and 3 , the operational seating capacity of a public passenger vehicle is equal to its adult seating capacity, as specified in the record of motor vehicles kept under the Vehicle and Traffic Act 1999 with the following qualifications:

(a) any 3 children being carried on that public passenger vehicle are to be counted as 2 passengers if none of those children has attained the age of 12 years;

(b) a child being carried on that public passenger vehicle need not be counted as a passenger if the child has not attained the age of 5 years and is being carried on the lap of another person.

2.   The Commission may determine that the operational seating capacity of a vehicle used on a regular passenger transport service should, having regard to the condition of the route and other relevant factors, be less than the seating capacity determined under item 1 .

3.   If the Commission gives the operator of a regular passenger transport service written notice of the making of a determination under item 2 in respect of a vehicle, the operational seating capacity of that vehicle when it is being used on that service is the seating capacity determined by the Commission under that item.

PART 3 - Standing capacity

1.   In this Part –

approved means approved by the Commission;

holding device means an approved strap, approved handgrip or other approved device for providing support for standing passengers on public passenger vehicles;

prescribed vehicle means a public passenger vehicle that has –

(a) a distance between floor and roof, at each point where a passenger may stand upright, of at least 1.7m; and

(b) an aisle width of at least 380mm; and

(c) a holding device for each standing passenger.

2.   The standing capacity of a prescribed vehicle is the same as the number of holding devices fitted to the vehicle but is not in any case greater than one person for each 1 600cm² of unobstructed floor space.

3.   The standing capacity of a public passenger vehicle that is not a prescribed vehicle is zero.

4.   Subject to items 5 and 6 , the operational standing capacity of a prescribed vehicle is the same as its standing capacity.

5.   The Commission may determine that the operational standing capacity of a prescribed vehicle used on a regular passenger transport service should, having regard to the length of the route and the normal operating speed and other relevant factors, be less than the vehicle's standing capacity.

6.   If the Commission gives the operator of a regular passenger transport service written notice of the making of a determination under item 5 in respect of a prescribed vehicle, the operational standing capacity of that vehicle when it is being used on that service is the operational standing capacity determined by the Commission under that item.

SCHEDULE 2 - Fees

Regulation 3(1) and regulation 28

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 21 June 2000

These regulations are administered in the Department of Infrastructure, Energy and Resources.