Passenger Transport (General) Regulation 2017

This Regulation is the Passenger Transport (General) Regulation 2017.

This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Passenger Transport Regulation 2007, which will be repealed on 1 September 2017 by section 10(2) of the Subordinate Legislation Act 1989.

In this Regulation—

accredited operator means a person accredited under the Act to carry on a public passenger service.

approved, in relation to a duress alarm system or a security camera system, means complying with requirements established for the time being by TfNSW by order published in the Gazette.

assistance animal means an animal referred to in section 9 (Disability discrimination—guide dogs, hearing assistance dogs and trained animals) of the Disability Discrimination Act 1992 of the Commonwealth.

bus service means a public passenger service provided by means of one or more buses.

bus stop means a bus stop appointed under clause 104.

Corporations Act means the Corporations Act 2001 of the Commonwealth.

disability has the same meaning as it has in the Disability Discrimination Act 1992 of the Commonwealth.

drive a vehicle (other than a vessel) includes cause or allow the vehicle to stand.

driver means the following—

in relation to a bus—a holder of an authority under section 11 of the Act,

in relation to a ferry—the ferry master.

(Repealed)

driver authority means an authority to drive a public passenger vehicle issued under the Act, Part 2, Division 2.

driver authority card means a card, given to a person by TfNSW under clause 31, that is evidence of the person’s driver authority.

driver licence has the same meaning as it has in the Road Transport Act 2013.

duress alarm system, in relation to a public passenger vehicle, means a system by which the driver of the vehicle can, in a discreet manner, notify the location of the vehicle to another person or place.

ferry service means a public passenger service provided by means of one or more ferries.

motor vehicle has the same meaning as in the Road Transport Act 2013.

non-compliance label and non-compliance notice mean a label and a notice (respectively) referred to in clause 232.

operator means—

for Part 8—see clause 107, or

otherwise—

in relation to a bus service—the person who is accredited under the Act, Part 2, Division 1 to operate the service, and

in relation to a bus—the person who is accredited under the Act, Part 2, Division 1 to operate the bus service for which the bus is used, and

in relation to a ferry service—the person who carries on the service, and

in relation to a ferry—the person who carries on the ferry service for which the ferry is used.

qualified accountant means—

a member of CPA Australia who holds a Public Practice Certificate issued by CPA Australia, or

a member of the Institute of Chartered Accountants in Australia who holds a Certificate of Public Practice issued by that Institute, or

a member of the Institute of Public Accountants who holds a Professional Practice Certificate issued by that Institute.

registered training organisation means an NVR registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.

regular ferry service means a ferry service that is a regular passenger service.

security camera system means a system that records images of persons in or about a bus.

Sydney Airport precinct means the area known as the Sydney Domestic Airport and the Sydney International Airport terminals and operation district, Sydney, bounded by Airport Drive, Qantas Drive, Joyce Drive, General Holmes Drive, Marsh Street and the M5 Motorway.

the Act means the Passenger Transport Act 1990.

transport district has the same meaning as it has in the Transport Administration Act 1988.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

This Regulation does not apply to the conduct of a road-ferry service that is under the control of a roads authority under the Roads Act 1993.

In this Part, the relevant service, in relation to an applicant, an application, an accreditation or an accredited operator, means the public passenger service of the kind in respect of which accreditation is sought or has been obtained.

An applicant for accreditation under Division 1 of Part 2 of the Act must meet, to the satisfaction of TfNSW, the standards set out in this Division.

If the applicant is a corporation, the directors or managers of the corporation who are nominated as designated directors or managers under section 8 of the Act must meet, to the satisfaction of TfNSW, the standards set out in this Division (other than the standards specifically to be met by corporate applicants).

The applicant must be of good repute.

Evidence of the applicant’s good repute is to be provided in the form of references from 2 persons (being persons, excluding employees of the applicant, of any class approved by TfNSW) who have known the applicant for at least 2 years.

(Repealed)

The applicant must be a fit and proper person to carry on the relevant service.

The applicant must declare in writing that the applicant is aware of the following—

accreditation will be refused if the applicant is disqualified, under Part 2D.6 (Disqualification from managing corporations) of the Corporations Act, from managing corporations,

accreditation may be refused if the applicant (or a director or manager of an applicant corporation) has been the subject of proceedings under section 588G (Director’s duty to prevent insolvent trading by company) or 592 (Incurring of certain debts; fraudulent conduct) of the Corporations Act,

if the applicant—

is the director of a company that has been, or is in the course of being, wound up under Part 5.4 (Winding up in insolvency) of the Corporations Act, or

discloses any convictions or charges in accordance with subclause (3),

TfNSW may, for the purpose of determining the applicant’s fitness to be an operator, cause any investigation that TfNSW considers appropriate to be made into the winding up, conviction or charge concerned.

The applicant must give TfNSW written notice of the following—

full details of all offences of which the applicant has been convicted (in any jurisdiction) at any time during the 5 years immediately preceding the date of the application,

full details of all alleged offences with which the applicant has been charged (in any jurisdiction) but only if, as at the date of the application, proceedings are pending in respect of the charge.

If there are no convictions or pending proceedings against the applicant, the applicant must give TfNSW a written statement to that effect.

(Repealed)

The applicant must demonstrate that the applicant has the necessary knowledge and competence to carry on the relevant service.

In particular, the applicant must—

satisfy TfNSW as to the applicant’s knowledge of the following—

the relevant provisions of the Act and this Regulation,

other laws relating to traffic,

the relevant provisions of the Work Health and Safety Act 2011, and

if required to do so by TfNSW, undertake and successfully complete (or pass an examination in respect of) such course relating to the operation of the relevant service as is approved by TfNSW and conducted by a registered training organisation or by a higher education institution approved by TfNSW.

(Repealed)

The applicant must be financially capable of carrying on the relevant service.

Evidence of the applicant’s financial standing is to be provided in the form of a signed statement from a qualified accountant (other than an employee of the applicant), on the accountant’s business letterhead, containing the following—

a report on the applicant’s financial capacity to carry on the relevant service, with specific reference to the applicant’s financial ability to meet the requirements of this Regulation and other relevant laws as to—

vehicle maintenance and roadworthiness, and

the safety of drivers, passengers and the public, and

the operation of a business,

a statement specifying the number of public passenger vehicles that, in the opinion of the accountant, can be accommodated by the service proposed to be carried on by the applicant,

if the applicant is a corporation—a statement of the accountant’s opinion as to the solvency and general financial standing of the corporation.

(Repealed)

The applicant must have access to adequate maintenance facilities for the vehicles intended to be used to provide the relevant service.

The applicant must provide TfNSW with full details of the premises at which the vehicles will normally be kept when not in use.

(Repealed)

An applicant for accreditation to carry on a public passenger service by means of one or more buses must also provide TfNSW with a copy of an approval from the relevant council to keep the buses required for the service at the premises specified by the applicant in compliance with clause 11(2).

Subclause (1) does not apply in the case of an application for renewal of accreditation by a person who is an accredited service operator on the commencement of this clause.