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This is a Bill, not an Act. For current law, see the Acts databases.
ROAD TRANSPORT (PUBLIC PASSENGER SERVICES) AMENDMENT BILL 2005
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Road
Transport (Public Passenger Services) Amendment
Bill 2005
Contents
Page
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Road Transport
(Public Passenger Services) Amendment Bill 2005
A Bill for
An Act to amend the
Road Transport (Public
Passenger Services) Act 2001
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Road Transport (Public Passenger Services) Amendment
Act 2005.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
This Act amends the Road Transport (Public Passenger Services)
Act 2001.
4 Offences
against Act—application of Criminal Code
etcSection 4A, note 1
substitute
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act
(see Code, pt 2.1):
• s 64 (Use of vehicles as hire cars)
• s 65 (Pretending vehicles are licensed hire cars)
• s 74 (Unaccredited operators not to operate hire car
services)
• s 75 (Pretending to be an accredited hire car service
operator)
• s 85 (Use of vehicles for demand responsive services)
• s 86 (Pretending vehicle is demand responsive service
vehicle)
• s 91 (Operating demand responsive service without
entitlement)
• s 92 (Pretending to be entitled to operate demand responsive
service)
• s 125 (Unauthorised public passenger services).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
5 FunctionS
of road transport authorityNew section 5
(ba)
insert
(ba) to administer demand responsive service authorisations given under
this Act; and
insert
(ca) to keep a register of demand responsive service authorisations given
under this Act; and
after
licensed people
insert
, and authorised demand responsive service operators,
substitute
6 Registers of accredited people, demand responsive
service authorisations and licences
substitute
(1) A register under this Act may include information given to the road
transport authority or the Minister under this Act and any other information the
authority considers appropriate.
Note Section 5 (c) and (ca) requires registers for the following to
be kept:
• accredited bus service operators
• accredited demand responsive service operators
• accredited hire car operators
• accredited taxi network providers
• accredited taxi service operators
• demand responsive service authorisations
• hire car licences
• restricted hire car licences
• restricted taxi licences
• taxi licences.
10 Security
and disclosure of information in
registersSection 7
omit
register of accreditations or licences
substitute
register under this Act
substitute
9 Combinations of accreditations, authorisations and
licences
This Act does not prevent a person from holding any combination of
accreditations, authorisations and licences under this Act.
substitute
11 Meaning of bus service
A bus service is a public passenger service (other than a
demand responsive service) operated using buses.
substitute
17 Service contracts—regular route
services
14 Meaning
of taxiSection
45
omit
(other than a bus)
substitute
(other than a bus or demand responsive service vehicle)
15 Meaning
of restricted taxiSection
46
omit
(other than a bus)
substitute
(other than a bus or demand responsive service vehicle)
16 Meaning
of hire carSection
67
omit
(other than a bus or taxi)
substitute
(other than a bus, taxi or demand responsive service vehicle)
17 Meaning
of restricted hire carSection
68
omit
(other than a bus or taxi)
substitute
(other than a bus, taxi or demand responsive service vehicle)
substitute
Part 8 Demand responsive
services
Division 8.1 Basic
concepts
80 Meaning of demand responsive
service
A demand responsive service is a public passenger service
that a person may operate under an authorisation given for this part.
81 Meaning of demand responsive service
vehicle
A demand responsive service vehicle is a motor
vehicle used, in accordance with a demand responsive service authorisation, to
operate the demand responsive service.
Division 8.2 Authorisations to operate
demand responsive services
82 Demand responsive service
authorisations
(1) The Minister must have regard to the guidelines approved under
section 83 in deciding whether to give a person an authorisation to operate
a demand responsive service.
(2) A demand responsive service authorisation may exempt a person or
vehicle from this Act (or a stated provision of this Act).
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(3) An authorisation is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
83 Demand responsive services—guidelines for
giving authorisations
(1) The Minister may approve guidelines for the giving of authorisations
to operate demand responsive services.
(2) The guidelines may make provision in relation to—
(a) the kinds of public passenger services that may be operated under
demand responsive service authorisations, including, for example, matters in
relation to—
(i) hours of operation; and
(ii) routes and areas of operation; and
(iii) kinds of passengers that may be transported; and
(iv) accessing of services by passengers; and
(b) the kinds of vehicles that may be used to operate demand responsive
services.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) The guidelines must provide that the Minister must not give a person
an authorisation for a demand responsive service if the operation of the service
will have an adverse impact on the viability of an existing regular route
service.
(4) Approved guidelines are a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
84 Demand responsive services—regulations about
authorisations
A regulation may make provision in relation to authorisations to operate
demand responsive services, including, for example—
(a) the term of authorisations; and
(b) the conditions of authorisations; and
(c) matters relating to the giving, refusal or surrender of an
authorisation; and
(d) the action that may be taken in relation to an authorised demand
responsive service operator in circumstances prescribed by regulation,
including—
(i) the suspension or cancellation of an authorisation; and
(ii) the imposition of a condition on, or the amendment of a condition of,
an authorisation; and
(iii) an order that an authorised demand responsive service operator pay
to the Territory an amount of not more than—
(A) for an individual—$5 000; or
(B) for a corporation—$25 000; and
(iv) the reprimanding of an authorised demand responsive service
operator.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
85 Use of vehicles for demand responsive
services
(1) An authorised demand responsive service operator commits an offence
if—
(a) the operator uses a vehicle to operate a demand responsive service;
and
(b) the operator is not authorised by the demand responsive service
authorisation for the service to use the vehicle to operate the
service.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
86 Representing vehicle as demand responsive service
vehicle
(1) A person commits an offence if—
(a) the person represents a vehicle to be a demand responsive service
vehicle; and
(b) the person is reckless about whether the person’s conduct
represents the vehicle to be a demand responsive service vehicle; and
(c) the vehicle is not a demand responsive service vehicle.
Maximum penalty: 30 penalty units.
(2) Strict liability applies to subsection (1) (c).
Division 8.3 Accreditation of demand
responsive service operators
87 Demand responsive service operators—purposes
of accreditation
The purpose of accreditation under a regulation to operate a demand
responsive service is to ensure that—
(a) the accredited person has the financial capacity to meet the service
standards for the service; and
(b) the accredited person, and each person who is concerned with, or takes
part in, the management of the service, are suitable people to operate the
service; and
(c) the accredited person, and each person who is concerned with, or takes
part in, the management of the service, have demonstrated the capacity to comply
with the relevant regulations and, in particular, regulations
about—
(i) the safety of passengers and the public; and
(ii) the maintenance of demand responsive service vehicles.
88 Demand responsive service
operators—regulations about accreditation system
(1) A regulation may provide a system for the accreditation of people to
operate demand responsive services, including, for example—
(a) the kinds of accreditations; and
(b) the conditions of accreditations; and
(c) matters relating to the giving, refusal or surrender of
accreditations; and
(d) the action that may be taken in relation to an accredited person in
circumstances prescribed by regulation, including—
(i) the suspension or cancellation of an accreditation; and
(ii) the imposition of a condition on, or the amendment of a condition of,
an accreditation; and
(iii) an order that an accredited person pay to the Territory an amount of
not more than—
(A) for an individual—$5 000; or
(B) for a corporation—$25 000; and
(iv) the reprimanding of an accredited person.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) A regulation may make provision in relation to the accreditation of
people to operate demand responsive services, including, for
example—
(a) requirements about the suitability of the applicant and each person
who will be concerned with, or take part in, the management of the service;
and
(b) capacity to meet service standards; and
(c) financial viability.
Division 8.4 Service contracts for demand
responsive services
89 Service contracts—demand responsive
services
(1) The road transport authority may, on behalf of the Territory, enter
into a contract (a service contract) for the operation of a demand
responsive service with an authorised demand responsive service
operator.
(2) A service contract must state whether the right given under the
contract to operate a demand responsive service is an exclusive right to operate
a demand responsive service, or a demand responsive service operated in a
particular way, along a particular route or in a particular area.
(3) A service contract may make provision in relation to the operation of
a demand responsive service and the administration of the contract, including,
for example—
(a) service requirements under the contract; and
(b) the availability and use of booking services for the service;
and
(c) the transfer, suspension, cancellation and surrender of the contract;
and
(d) the fees (if any) payable under the contract; and
(e) the adjustment of payments and refunds in relation to any contract
fees; and
(f) financial or other penalties for breaches of the contract;
and
(g) the records (including accounts) to be made and kept, how they are to
be made and kept, and their inspection; and
(h) the provision of information and reports to the road transport
authority about the demand responsive service and the verification of the
information and reports; and
(i) the publication and the collection of fares payable by passengers;
and
(j) the sale of tickets and the conditions under which tickets must be
sold.
(k) free or reduced fares for travel; and
(l) the issue and acceptance of free or concession passes.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(4) Subsection (3) does not limit the matters about which a service
contract may make provision.
Division 8.5 Entitlement to operate demand
responsive services
90 Entitlement to operate demand responsive
services
A person is entitled to operate a demand responsive service, in or partly
in the ACT, if the person—
(a) holds an authorisation to operate the service; and
(b) holds a service contract for the service; and
(c) is an accredited demand responsive service operator.
91 Operating demand responsive service without
entitlement
(1) A person commits an offence if—
(a) the person operates, in or partly in the ACT, a demand responsive
service; and
(b) the person is not entitled under section 90 to operate the
service.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) However, section 90 (b) does not apply in relation to the person
if—
(a) a demand responsive service is discontinued because of a variation or
termination of a service contract; and
(b) the road transport authority has made arrangements with the person, to
operate a temporary demand responsive service without a service contract, to
replace the discontinued service.
92 Representing entitlement to operate demand
responsive service
(1) A person commits an offence if—
(a) the person represents that the person is entitled to operate a demand
responsive service; and
(b) the person is reckless about whether the person’s conduct
represents that the person is entitled to operate a demand responsive service;
and
(c) the person is not entitled to operate a demand responsive
service.
Maximum penalty: 30 penalty units.
(2) Strict liability applies to subsection (1) (c).
Note For the entitlement of a person to operate a demand responsive
service, see s 90.
Division 8.6 Regulation of demand responsive
services
93 Demand responsive services—minimum
fares
(1) The Minister must determine minimum fares, or ways of calculating
minimum fares, payable by passengers for a demand responsive service.
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
94 Regulations about operation of demand responsive
services
A regulation may make provision in relation to the operation of demand
responsive services by authorised demand responsive service operators,
including, for example—
(a) the conduct of demand responsive services, including, for
example—
(i) the supervision and monitoring of drivers of demand responsive service
vehicles for compliance with the service standards and the responsibilities of
the operator in relation to a failure to comply with the standards;
and
(ii) the safety of passengers (including, for example, by the use of
particular kinds of security devices) and the public; and
(iii) the qualifications, training and experience of demand responsive
service vehicle drivers and other people providing services on behalf of
authorised demand responsive service operators; and
(iv) maximum driving times and minimum rest times of demand responsive
service vehicle drivers; and
(v) insurance; and
(vi) if appropriate, the issue of tickets; and
(vii) customer complaints and inquiries; and
(viii) lost property; and
(b) the preparation and publication of service information for demand
responsive services, including timetables (if any) and compliance with any
timetables; and
(c) the obligations of drivers of demand responsive service vehicles and
other people providing services on behalf of authorised demand responsive
service operators; and
(d) the requirements that demand responsive service vehicles, and their
equipment and fittings (internal and external), must comply with; and
(e) the maintenance and cleaning of demand responsive service vehicles;
and
(f) maintenance, parking and other facilities for demand responsive
service vehicles; and
(g) the making and keeping of records and their inspection; and
(h) the auditing of records and systems; and
(i) requirements for display of authorisation numbers on
advertisements for the service; and
(j) the provision of information and reports to the road transport
authority.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
95 Regulations about operation of demand responsive
service vehicles
A regulation may make provision in relation to the operation of demand
responsive service vehicles, including, for example—
(a) the use of demand responsive services by people, including the payment
of fares; and
(b) the regulation or prohibition of the use of demand responsive service
vehicles on certain roads or road related areas; and
(c) the picking-up and dropping-off of passengers and other matters
relating to the transport of passengers; and
(d) the records to be made and kept, how they are to be made and kept, and
their inspection; and
(e) the transport of passengers’ luggage or other goods, and
animals; and
(f) if the demand responsive service vehicle is a bus—the regulation
or prohibition of the transport of passengers standing in or on any part of the
vehicle; and
(g) the maximum speed of demand responsive service vehicles; and
(h) the solicitation of passengers; and
(i) the payment of fares; and
(j) the design, equipment and fittings (internal or external) of demand
responsive service vehicles; and
(k) the use of bus, minibus, loading and taxi zones; and
(l) the regulation or prohibition of notices, signs, and advertisements
inside or on the outside of demand responsive service vehicles; and
(m) the use of decal signs and livery for demand responsive service
vehicles; and
(n) approval of uniforms or industry codes of practice for dress
standards.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
96 Regulations about demand responsive service
vehicle drivers
A regulation may make provision in relation to drivers of demand responsive
service vehicles, including, for example—
(a) the powers, duties and conduct of drivers; and
(b) the training of drivers; and
(c) how drivers must dress.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
97 Regulations about conduct of demand responsive
vehicle passengers
A regulation may make provision in relation to the conduct of passengers
being carried by demand responsive service vehicles, including, for
example—
(a) the regulation or prohibition of eating and drinking; and
(b) the authority of demand responsive service vehicle drivers, police
officers and authorised people to direct people contravening a regulation to
leave a demand responsive service vehicle and to remove them if they fail to
leave.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Part 9 Miscellaneous
125 Unauthorised public passenger
services
(1) A person must not use a vehicle for the transport of passengers for a
fare or other consideration along a road or road related area.
Maximum penalty: 50 penalty units.
(2) This section does not apply to the person if—
(a) the monetary or other consideration receivable by the person is not
more than the cost of operating the vehicle to transport the passengers;
or
(b) the person is entitled under this Act to operate the public passenger
service being operated by the person.
Examples for par (a)
1 A car pool in which participants share the costs of operating the vehicle
for the car pool.
2 Helen is a member of Bush Hikers Anonymous. She carries 2 other members
in her car to a club walk. The 2 other members pay Helen part of the costs of
operating her car for the club walk.
Note 1 For the entitlement of a person to operate a public passenger
service, see the following provisions:
• s 18 and s 19 (bus services)
• s 51 (taxi services)
• s 73 (hire car services)
• s 90 (demand responsive services).
Note 2 This section also does not apply if the person is exempted
from the operation of this section under s 127 or s 128.
Note 3 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) An offence against this section is a strict liability
offence.
126 Regulation-making power
(1) The Executive may make regulations for this Act.
Note Regulations must be notified and presented to the Legislative
Assembly, under the Legislation Act.
(2) A regulation may apply, adopt or incorporate a law of another
jurisdiction or an instrument, or a provision of a law of another jurisdiction
or instrument, as in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or as at a particular
time, is taken to be a notifiable instrument if the operation of the Legislation
Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the
Legislation Act.
(3) A regulation may make provision in relation to the powers and duties
of police officers and authorised officers in relation to public passenger
services, including, for example, in relation to public passenger vehicles,
drivers of public passenger vehicles and passengers.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(4) A regulation may create offences and fix maximum penalties of not more
than 20 penalty units for the offences.
(5) In this section:
law of another jurisdiction—see the Legislation Act,
section 47 (10).
127 Minister may exempt vehicles and people from
Act
(1) The Minister may exempt a vehicle or person from this Act (or a stated
provision of this Act).
(2) An exemption is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
128 Regulations may exempt vehicles and people from
Act
(1) A regulation may—
(a) exempt a vehicle or person, or a kind of vehicle or person, prescribed
by regulation from this Act (or a stated provision of this Act); or
(b) authorise the road transport authority to exempt a vehicle or person,
or a kind of vehicle or person, by regulation from this Act (or a stated
provision of this Act).
(2) An exemption given under a regulation mentioned in subsection (1)
may be conditional.
(3) A regulation may provide for the road transport authority
to—
(a) suspend the operation of a regulation mentioned in
subsection (1) (a) in the way and circumstances prescribed by
regulation; or
(b) suspend the operation of an exemption given by the authority to a
vehicle or person in the way and circumstances prescribed by
regulation.
129 References to Motor Traffic Act, Traffic Act
etc
(1) In any Act, instrument made under an Act or document, a reference to
an earlier law is, in relation to anything to which this Act applies, a
reference to this Act.
(2) In this section:
earlier law means any of the following:
(a) Motor Traffic Act 1936;
(b) Motor Traffic Regulations 1934;
(c) Road Transport (Bus Services) Regulations 2000;
(d) Road Transport (General) Act 1999;
(e) Road Transport (Hire Vehicle Services) Regulations
2000;
(f) Road Transport (Taxi Services) Regulations 2000.
19 Dictionary,
new definitions
insert
accredited demand responsive service operator means
accredited under a regulation to operate a demand responsive service.
authorisation, in relation to a demand responsive service,
means an authorisation under this Act to operate a demand responsive
service.
authorised demand responsive service operator means a person
who is authorised under this Act to operate a demand responsive
service.
demand responsive service—see section 80.
demand responsive service vehicle—see section
81.
20 Dictionary,
definition of public passenger vehicle
omit
or hire car
insert
, hire car or demand responsive service vehicle
21 Dictionary,
definition of service contract
substitute
service contract—
(a) for part 2 (Bus services)—see section 17; and
(b) for part 8 (Demand responsive services)—see section
89.
Schedule
1 Other
amendments
(see s 3)
substitute
(i) the safety of passengers (including, for example, by the use of
particular kinds of security devices) and the public; and
omit
by drivers
omit
transportation
substitute
transport
omit
operated by an accredited taxi service operator
after
for example,
insert
by the use of
omit
operated by an accredited hire car service operator
after
for example,
insert
by the use of
omit
by drivers
[1.9] Other
amendments, mentions of The regulations are to
omit
The regulations are to
substitute
A regulation may
in
• section 16 (1)
• section 31 (1)
• section 44 (1)
• section 50 (1)
• section 66 (1)
• section 72 (1)
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2005.
2 Notification
Notified under the Legislation Act on 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2005
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