Road Transport (Public Passenger Services) Act 2001

This Act is the Road Transport (Public Passenger Services) Act 2001.

Note 1 This Act is part of the road transport legislation. See the Road Transport (General) Act 1999 for various provisions about the administration and enforcement of the road transport legislation generally.

Note 2 Other road transport legislation includes the following:

 Motor Accident Injuries Act 2019

 Road Transport (Alcohol and Drugs) Act 1977

 Road Transport (Driver Licensing) Act 1999

 Road Transport (General) Act 1999

 Road Transport (Safety and Traffic Management) Act 1999

 Road Transport (Vehicle Registration) Act 1999.

Note 3 Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).

Note 4 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).

The objects of this Act are to—

provide for the accreditation of the operators of public passenger services and transport booking services that operate in or partly in the ACT; and

provide for the licensing of vehicles used as taxis, rideshare vehicles and hire cars in or partly in the ACT; and

provide for an innovative, competitive and reliable public passenger services industry; and

provide a legislative framework that is adaptable to changes in technology and business models; and

encourage public passenger services that meet the reasonable expectations of the community for safe, responsive, reliable and efficient public passenger services.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act or in the road transport legislation.

For example, the signpost definition ‘bus service—see section 11’ means that the term ‘bus service’ is defined in section 11 of this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

 s 27B (Entitlement to operate light rail service)

 s 32 (Transport booking service must be accredited)

 s 33 (Transport booking service must comply with accreditation conditions)

 s 34 (Pretend to be accredited transport booking service)

 s 36A (Pretend to be affiliated driver)

 s 36D (Pretend to be affiliated operator)

 s 36E (Taxi driver or taxi service operator must be affiliated with transport booking service)

 s 36F (Rideshare driver must be affiliated with transport booking service)

 s 36G (Transport booking service—responsibilities)

 s 60E (Rideshare driver must be accredited)

 s 60F (Pretend to be accredited rideshare driver)

 s 60G (Rideshare driver must not use unlicensed rideshare vehicle)

 s 60L (Pretend vehicle is licensed rideshare vehicle)

 s 60M (Licensed rideshare vehicle not to be used by unlicensed or unaccredited driver)

 s 60N (Licensed rideshare vehicle not to be used unless insured)

 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 111 (Public passenger vehicle insurance compulsory)

 s 112 (Police officer or authorised person may require evidence of public passenger vehicle insurance)

 a provision of pt 9 (Enforcement)

 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).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The functions of the road transport authority under this Act are—

to administer the accreditation schemes established under this Act for the accreditation of—

transport booking services; and

operators of public passenger services; and

to administer the licensing schemes established under this Act for the licensing of taxis, rideshare vehicles and hire cars; and

to administer demand responsive service authorisations given under this Act; and

to keep registers of accreditations given, and licences issued, under this Act; and

to keep a register of demand responsive service authorisations given under this Act; and

to provide information about accredited and licensed people, and authorised demand responsive service operators, in accordance with this Act and other laws in force in the ACT; and

to exercise any other functions given to the authority under this Act.

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 1 Section 5 (d) and (e) requires registers for the following to be kept:

 accredited bus service operators

 accredited demand responsive service operators

 accredited hire car service operators

 accredited rideshare drivers

 accredited taxi service operators

 accredited transport booking services

 demand responsive service authorisations

 hire car licences

 restricted hire car licences

 restricted taxi licences

 rideshare vehicle licences

 taxi licences.

Other registers may be required under the Act.

Note 2 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).

A register may be kept in the form of, or as part of, 1 or more computer databases or in any other form the road transport authority considers appropriate.

The road transport authority may correct any mistake, error or omission in a register subject to the requirements (if any) prescribed by regulation.

This section does not limit the functions of the road transport authority in relation to a register.

The road transport authority must ensure that information in a register under this Act is kept securely and disclosed only in accordance with this Act or another law in force in the ACT.

Note 1 The Territory privacy principles apply to the road transport authority (see Information Privacy Act 2014, sch 1).

Note 2 Access to the register may be sought under the Freedom of Information Act 2016.

For the Competition and Consumer Act 2010 (Cwlth) and the Competition Code of the Australian Capital Territory, the following are authorised by this Act:

everything done under this Act;

all service contracts made under this Act;

everything done under a service contract, or a provision of a service contract, authorised by this Act.

Note 1 For the Competition Code of the Australian Capital Territory, see the Competition Policy Reform Act 1996, s 5 and s 10.

Note 2 A reference to an Act includes a reference to statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

This Act does not prevent a person from holding any combination of accreditations, authorisations and licences under this Act.

A public passenger service is a service for the transport of passengers for a fare or other consideration by public passenger vehicles along a road or road related area.

Part 2 Bus services

Division 2.1 Basic concepts

In this Act:

bus—

means a motor vehicle built mainly to carry people that seats over 9 adults (including the driver); but

does not include—

a limousine; or

a light rail vehicle.

public bus means a bus used to provide a bus service.