TRANSPORT OPERATIONS (PASSENGER TRANSPORT) REGULATION 2018

Queensland Subordinate Legislation as Made

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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) REGULATION 2018

- Made under the Rural and Regional Adjustment Act 1994
- As at 17 August 2018
- Reg 119 of 2018

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

1. Short title
2. Commencement
3. Definitions

PART 2 - OPERATOR ACCREDITATION

Division 1 - Preliminary

4. Definitions for part
5. Purpose of part

Division 2 - Grant and renewal

6. Application for grant or renewal
7. Deciding application
8. Provisional operator accreditation—Act, s 18
9. Refusal of operator accreditation—Act, s 17
10. Term

Division 3 - Amendment, suspension and cancellation

11. Definition for division
12. Grounds for amendment, suspension or cancellation—Act, s 20
13. Show cause notice before taking particular action
14. Decision in relation to taking particular action after show cause process
15. Immediate suspension
16. Further action after immediate suspension
17. Return of evidence of operator accreditation
18. Other amendments

Division 4 - Miscellaneous

19. Requirement for operator accreditation—public passenger services to which the Act, s 12 does not apply
20. Notifying charges for disqualifying offences

PART 3 - DRIVER AUTHORISATION

Division 1 - Preliminary

21. Definitions for part
22. Purpose of part

Division 2 - Grant and renewal

23. Application for grant or renewal
24. Licence requirements
25. Deciding application
26. Form of authorising document
27. Content of authorising document
28. Expressions on authorising document
29. Codes on authorising document
30. Provisional driver authorisation—Act, s 30
31. Conditions on driver authorisation—Act, s 32
32. Refusal of driver authorisation—Act, s 29
33. Term

Division 3 - Grant of restricted driver authorisation

34. Grant by prescribed operator for chief executive
35. Licence requirements
36. Application for grant
37. Restrictions on grant
38. Term

Division 4 - Amendment, suspension and cancellation

39. Definition for division
40. Grounds for amendment, suspension or cancellation—Act, s 32
41. Show cause notice before taking particular action
42. Decision in relation to taking particular action after show cause process
43. Immediate amendment or suspension
44. Notice about immediate amendment or suspension
45. Further action after immediate amendment or suspension
46. Category B driver disqualifying offences—exclusion action
47. Category B driver disqualifying offences—exceptional case
48. Chief executive may require authorising document to be replaced
49. Return of authorising document
50. Relationship between driver licence and driver authorisation
51. Other amendments
52. Notifying other persons of amendment, suspension or cancellation
53. Amendment of restricted driver authorisation

Division 5 - Replacement and surrender

54. Application for replacement authorising document
55. Voluntary surrender

Division 6 - Medical fitness

56. Requirement for current medical certificate
57. Change in medical condition
58. Medical fitness for restricted driver authorisation
59. Requirement to provide evidence of medical fitness

Division 7 - Notification and information

60. Notifying or informing—Act, ss 31, 33 and 34
61. Notification of damage, loss or theft of authorising document for driver authorisation—Act, s 34A
62. Notifiable events under other Acts
63. Disclosure of driver authorisation information

Division 8 - Offences

64. Damaging authorising document for driver authorisation
65. Chief executive may direct superseded authorising document for driver authorisation to be destroyed
66. Driver authorisation may only be held in driver’s name
67. Possessing another person’s authorising document for driver authorisation
68. Document purporting to be authorising document for driver authorisation

Division 9 - Miscellaneous

69. Requirement for driver authorisation—public passenger services to which the Act, s 24 does not apply

PART 4 - MARKET ENTRY RESTRICTIONS

70. Purpose of part
71. Market entry restrictions—Act, s 36

PART 5 - SERVICE CONTRACTS

72. Purpose of part
73. Classes of persons entitled to concession under service contract—Act, s 51
74. Matters to be considered in relation to offer for service contract—Act, s 59
75. Matters to be considered or not considered by arbitrator in deciding amount of compensation—Act, ss 61 and 62AAH
76. Service contract route prescribed as integrated mass transit area—Act, s 62AAA
77. Matters to be considered in deciding if offer for integrated mass transit service contract is acceptable—Act, s 62AAE

PART 6 - PERSONALISED TRANSPORT SERVICES

Division 1 - Preliminary

78. Definitions for part

Division 2 - Provision of services

Subdivision 1 - Booked hire services provided using a taxi and taxi services

79. Application of subdivision
80. Taxi services to which the Act, s 74 does not apply
81. Taxi driver must not refuse booked hire service or taxi service in particular circumstances
82. When access to booking service must be available
83. Particular requirements for taxis
84. Fares and charges for taxis
85. Operation of taximeter by taxi driver
86. Multiple hirers
87. Control of doors of taxi

Subdivision 2 - Booked hire services

88. Fare estimate
89. Prescribed details for booking record
90. Booked hire service identification sign
91. When vehicle must not display sign implying use for booked hire service

Subdivision 3 - Miscellaneous

92. Requirement for itemised receipt
93. Distinguishing number plate for taxi
94. Distinguishing number plate for limousine
95. Maximum fares for particular booked hire service—Act, s 91ZR
96. Maximum payment surcharge—Act, s 91ZS

Division 3 - Required training for providing particular services

97. Driver must complete required training
98. Minimum standards for training

Division 4 - Record keeping and reporting requirements

Subdivision 1 - Preliminary

99. Definitions for division

Subdivision 2 - Fatigue management information

100. Application of subdivision—Act, s 91C
101. Recording fatigue management information
102. Reporting fatigue management information
103. False or misleading information

Subdivision 3 - Taxi services information

104. Application of subdivision
105. Recording
106. Reporting

Subdivision 4 - Booked hire services information

107. Application of subdivision—Act, s 91ZG
108. Driver information
109. Vehicle information
110. Journey information
111. Sharing information—Act, s 148C

Division 5 - Audits of persons in the chain of responsibility for booked hire services or taxi services

112. Prescribed matters for audit notice—Act, s 91ZN
113. Prescribed matters for audit report—Act, s 91ZP

Division 6 - Miscellaneous

114. Relevant driver offence—Act, s 91ZI
115. Taxi service areas for taxi industry security levy—Act, s 91ZW
116. Particular motor vehicle not to look like taxi
117. Notice about ending arrangement with driver for serious misconduct
118. Chief executive may require information

Division 7 - Taxi subsidy scheme

Subdivision 1 - Preliminary

119. Purpose of division—Act, s 91ZY

Subdivision 2 - Membership of taxi subsidy scheme

120. Application
121. Chief executive may cancel assistance
122. Production of membership card to receive benefit

Subdivision 3 - Disclosure or use of information

123. Chief executive may disclose or use relevant information

Subdivision 4 - Obligations on all persons

124. Disclosure or use of taxi subsidy scheme information
125. Misusing, or tampering with, membership card or approved card reader
126. Payment to entitled person

Subdivision 5 - Obligations on holder of taxi service licence or substitute vehicle authority

127. Ensuring approved card reader is fitted
128. Ensuring approved card reader appears to be working when taxi or substitute vehicle made available to another person

Subdivision 6 - Obligations on operator

129. Ensuring approved card reader appears to be working when taxi made available to driver
130. Ensuring approved card reader interfaces with taximeter and is kept connected
131. Manual card reader and restricted use slips to be carried in taxi

Subdivision 7 - Obligations on taxi driver

132. Driver authorisation number to be entered
133. How approved card reader must be used
134. When manual card reader must be used
135. When manual card reader must not be used
136. Driver to compare photograph and not to hire taxi to particular person

Division 8 - Taxi driver display cards and interim taxi driver display cards

Subdivision 1 - Taxi driver display cards

137. Issue
138. Display
139. Person not to display card unless person holds driver authorisation

Subdivision 2 - Interim taxi driver display cards

140. Issue
141. Temporary assignment
142. Temporary issue
143. Display
144. False or misleading information relating to assignment
145. Record to be kept about assignment
146. Return of card
147. Duty to notify damage, loss or theft of card
148. Person not to display card unless person holds driver authorisation to drive taxi

PART 7 - CROSS-BORDER TAXI SERVICES

149. Requirement to carry licence for NSW taxi
150. Cross-border taxi ranks

PART 8 - LICENCES AND AUTHORISATION FOR PERSONALISED TRANSPORT SERVICES

Division 1 - Preliminary

151. Definitions for part

Division 2 - Applications for booked hire service licences

152. Application for grant
153. Chief executive may require information or document
154. Deciding application
155. Granting booked hire service licence
156. Refusing to issue booked hire service licence

Division 3 - Booked hire service licences, limousine licences and taxi service licences

157. Definitions for division
158. Vehicle requirements
159. Changing motor vehicle stated in licence
160. Substitute vehicle for limousine licence outside business hours—Act, s 91R
161. Transferring original taxi service licence or limousine licence—Act, s 91S
162. Leasing or subleasing taxi service licence or limousine licence—Act, s 91S
163. Surrendering licence—Act, s 91S
164. Grounds for amendment, suspension or cancellation—Act, ss 91P and 91T
165. Show cause notice before taking particular action
166. Decision in relation to taking particular action after show cause process
167. Immediate suspension—Act, s 91T
168. Further action after immediate suspension
169. Other amendments
170. Returning amended, suspended or cancelled licence

Division 4 - Substitute vehicle authorities for taxi service licence

171. Purpose of division
172. Chief executive may issue
173. Application
174. Deciding application
175. Issue
176. Refusal to issue
177. Allowed use of vehicle under taxi service licence
178. Cancellation
179. Compliance with conditions
180. Requirements for use of vehicle
181. Records to be kept when vehicle used under taxi service licence
182. Records to be kept when vehicle used for public passenger service under government contract
183. When motor vehicle not used as substitute vehicle

Division 5 - Booking entity authorisation

Subdivision 1 - Preliminary

184. Definitions for division

Subdivision 2 - Applications

185. Application for grant or renewal
186. Chief executive may require information or document
187. Deciding application
188. Grant or renewal
189. Refusal to grant or renew

Subdivision 3 - Amendment, suspension or cancellation

190. Definition for subdivision
191. Grounds for amendment, suspension or cancellation—Act, ss 91Z and 91ZA
192. Show cause notice before taking particular action
193. Decision in relation to taking particular action after show cause process
194. Immediate suspension
195. Further action after immediate suspension
196. Other amendments
197. Returning amended, suspended or cancelled authorisation

Subdivision 4 - Miscellaneous

198. Notice about charge for disqualifying offence
199. Notice about increased fleet
200. Notice to drivers about suspension or cancellation
201. Surrendering authorisation—Act, s 91ZB

PART 9 - VEHICLE SECURITY CAMERA SYSTEMS

Division 1 - Preliminary

202. Definitions for part

Division 2 - General obligations

203. Application of division
204. Obligation on operator of service
205. Vehicle not to be fitted with vehicle security camera system that has not been approved
206. Operation of camera systems

Division 3 - Vehicles fitted with approved security camera systems

207. Application of division
208. Properly fitted and fully operational approved security camera system
209. Obligation on person who drives vehicle
210. Notice that approved security camera system not properly fitted or fully operational
211. Person must not tamper with approved security camera system

Division 4 - Chief executive functions

212. Chief executive may approve specifications for vehicle security camera system
213. Chief executive may approve vehicle security camera system
214. Approval of signs

Division 5 - Security recordings

215. Use of security recordings from approved security camera system
216. Requirement to keep record of download of security recording
217. Security measures for protecting against unauthorised use of security recording
218. Disposal of copied security recordings

PART 10 - OBLIGATIONS OF OPERATORS OF PUBLIC PASSENGER SERVICES

219. Equipment requirements for particular public passenger vehicles
220. Advertising on public passenger vehicles
221. Accreditation certificates and accreditation numbers
222. Presenting vehicles for inspection
223. Providing safe vehicles
224. Motor vehicles used to provide booked hire services and taxi services
225. Requirement for authority to enter place
226. Record to be kept about each use of vehicle used to provide public passenger service
227. Record to be kept about restricted driver authorisation
228. Prescribed operator must notify chief executive if restricted driver authorisation granted, amended or cancelled
229. Air conditioning in buses—obligations of operator
230. Particular public passenger service not to be provided using particular vehicle

PART 11 - RIGHTS AND OBLIGATIONS OF PASSENGERS AND DRIVERS OF PUBLIC PASSENGER VEHICLES

231. Application of part
232. Smoking, and consumption of food or beverages
233. Use of seats
234. Carrying animals
235. Identification of drivers
236. Help to passengers
237. Riding as passenger on motorbike
238. Air conditioning in buses—obligations of driver
239. Particular vehicle not to be driven to provide public passenger service

PART 12 - RIGHTS AND OBLIGATIONS OF PERSONS ON REGULATED AREAS

Division 1 - Preliminary

240. Definition for part

Division 2 - Access

241. Driving and parking vehicles
242. Entering or leaving regulated area
243. Person must not enter busway route

Division 3 - Persons on regulated areas

244. Application of division
245. Animals on regulated area
246. Alcohol
247. Smoking
248. Selling, seeking business or conducting survey
249. Playing musical instrument or operating sound equipment

Division 4 - Miscellaneous

250. Signs displayed by chief executive may be official traffic sign

PART 13 - RIGHTS AND OBLIGATIONS OF PERSONS IN PUBLIC PASSENGER VEHICLES AND ON PUBLIC TRANSPORT INFRASTRUCTURE

251. Spitting
252. Creating disturbance or nuisance
253. Litter

PART 14 - DEALING WITH PROPERTY ON BUSWAY, BUSWAY TRANSPORT INFRASTRUCTURE OR LIGHT RAIL

254. Definitions for part
255. Moving abandoned, parked or left property
256. Notifying owner that property moved
257. Moving expenses
258. Releasing property when expenses paid
259. Disposing of property

PART 15 - REVIEW OF DECISIONS

260. Review of decisions not provided for under Act, chapter 10

PART 16 - MISCELLANEOUS

Division 1 - Prescribing particular matters for Act

261. Matters prescribed for operator accreditation standards—Act, s 14
262. Matters prescribed for standards about driver authorisation—Act, s 26
263. Authorised disclosure of information—Act, s 148C
264. Disqualifying offences—Act, sch 3, def disqualifying offence
265. Scheduled passenger services that are not general route services—Act, sch 3, def general route service
266. Services excluded from passenger services—Act, sch 3, def public passenger service

Division 2 - Authorised person for Gold Coast light rail

267. Appointment
268. Powers

Division 3 - Vehicle requirements

269. Vehicle requirement for providing particular public passenger services
270. Requirement for road-based public passenger vehicle—right-hand drive

Division 4 - Students

271. Transport arrangements for students
272. Code of conduct for school students
273. Local conveyance committees

Division 5 - Offences

274. Soliciting or touting
275. Advertising provision of public passenger service
276. Records to be maintained
277. Change of name, address or postal address

Division 6 - Fees and levies

278. Fees and levy
279. Adjustment of booking entity authorisation fee for increased fleet

Division 7 - Other

280. Operation of Brisbane Airport Rail Link
281. Non-receipt of renewal notice

PART 17 - TRANSITIONAL PROVISIONS

282. Definitions for part
283. Section 270 does not apply in relation to particular motor vehicles
284. Continued use of substitute vehicles during peak patronage periods until 30 September 2019
285. Existing authorities and approvals
286. Existing amendments, suspensions and temporary assignments
287. Existing applications, directions, invitations, notices and requirements
288. Existing requirement to notify, inform or give report
289. Existing signs
290. Expressions on existing authorising documents
291. Existing requirement to do a thing
292. Existing requirement to return a thing
293. Existing requirement or authorisation to keep or disclose records
294. Existing taxi driver display cards and interim taxi driver display cards
295. Existing medical certificates
296. Existing entitlement to review of decisions
297. Existing entitlement to QCAT notice
298. Existing applications for review
299. Refunds
300. References to expired regulation
301. Application of Acts Interpretation Act 1954, s 20

PART 18 - AMENDMENT OF OTHER LEGISLATION

Division 1 - Amendment of State Penalties Enforcement Regulation 2014

302. Regulation amended
303. Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

Division 2 - Amendment of Taxi and Limousine Industry Assistance Scheme Regulation 2016

304. Regulation amended
305. Amendment of ss 4, 7A and 27

Division 3 - Amendment of Transport Infrastructure (Rail) Regulation 2017

306. Regulation amended
307. Amendment of s 8 (Alcohol)

Division 4 - Amendment of Transport Operations (Passenger Transport) Standard 2010

308. Standard amended
309. Amendment of sch 4 (Dictionary)
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9

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