Australian Capital Territory Numbered Regulations

ROAD TRANSPORT LEGISLATION AMENDMENT REGULATION 2018 (NO 2) (NO 16 OF 2018) - REG 40

substitute

37     Maximum number of passengers in buses

    (1)     A person commits an offence if—

        (a)     the person is the accredited operator of a single-decker bus; and

        (b)     the bus carries more passengers—

              (i)     seated than the number of passengers permitted to be carried seated in the bus; or

              (ii)     standing than the number of passengers permitted to be carried standing in the bus; or

              (iii)     whether seated or standing, than the total number of passengers permitted to be carried in the bus.

Maximum penalty: 5 penalty units.

    (2)     A person commits an offence if—

        (a)     the person is the accredited operator of a double-decker bus; and

        (b)     the bus carries more passengers—

              (i)     seated on a deck of the bus than the number of passengers permitted to be carried seated on the deck of the bus; or

              (ii)     standing on the lower deck of the bus than the number of passengers permitted to be carried standing in the bus; or

              (iii)     whether seated or standing than the total number of passengers permitted to be carried in the bus.

Maximum penalty: 5 penalty units.

Note     Passengers are not allowed to stand on the upper deck of a double-decker bus, see s 44 (2) (d).

    (3)     An offence against this section is a strict liability offence.

    (4)     In this section, the number of passengers permitted to be carried in a particular way in a bus means the number of passengers—

        (a)     stated in a certificate issued by the manufacturer of the bus as the appropriate number of passengers to be carried in that way; or

        (b)     if the road transport authority approved another number of passengers to be carried in a particular way—approved to be carried in that way by the road transport authority.

38     Lost property in bus

    (1)     A person commits an offence if the person—

        (a)     is the accredited operator of a bus used to operate a bus service ; and

        (b)     does not ensure that each item of lost property found in the bus is—

              (i)     given to its owner; or

              (ii)     if the owner cannot be identified—

    (A)     held for a reasonable time at an office of the operator; and

    (B)     made available for collection by the owner during ordinary business hours.

Maximum penalty: 5 penalty units.

    (2)     An offence against this section is a strict liability offence.

39     Passengers not to be carried in certain parts of a bus

    (1)     A bus driver must not allow a passenger—

        (a)     to enter the driver's compartment (if any) of the bus; or

        (b)     to occupy the driver's seat or a part of the driver's seat.

Maximum penalty: 5 penalty units.

    (2)     A bus driver must not, while the bus is moving, allow a passenger—

        (a)     in a part of the bus not designed to carry passengers; or

        (b)     in a part of the bus beside or in front of the driver's seat; or

        (c)     to travel in a part of the bus other than in the way for which that part of the bus is designed; or

        (d)     if the bus is a double-decker—to stand on the upper deck of the bus.

Maximum penalty: 5 penalty units.

Example—par (c)

sitting on the floor

Note 1     In a vehicle includes on the vehicle (see dict).

Note 2     An example is part of the regulation, 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)     Without limiting subsection (2), the parts of a bus not designed to carry passengers include—

        (a)     the roof, steps, footboard and exterior surfaces of the vehicle; and

        (b)     if the bus is a double-decker—the stairs to the upper deck.

    (4)     An offence against this section is a strict liability offence.