Services excluded from passenger services—Act, sch 3, def public passenger service
266 Services excluded from passenger services—Act, sch 3, def public passenger service
For the Act, schedule 3, definition public passenger service, the following services involving the carriage of persons are excluded from the Act—
a service provided by the Australian Defence Force, Queensland Fire and Rescue, Rural Fire Service Queensland (other than rural fire brigades under the Fire Services Act 1990) or the Queensland Police Service;
a service provided by an ambulance service;
a service provided with a human-powered or animal-powered vehicle;
a service provided for amusement other than on a road;
a car pooling arrangement;
a service provided as part of a funeral;
a service provided as part of a street parade authorised under a law;
a service provided by the hire of a person to drive a motor vehicle if the service does not include the hire of the vehicle.
A vehicle breakdown service, including, for example, a towing service, to the extent it provides the driver or passengers of a broken-down vehicle with transport, is also a service excluded from the Act.
Example of a towing service—
a service that tows a vehicle, or transports a vehicle on a truck or trailer, from the place where the vehicle broke down
Examples of a broken-down vehicle—
• an inoperable vehicle
• a vehicle damaged to the extent that it can not be driven or driven safely
• a vehicle the driver stops driving as a precaution against mechanical failure or greater mechanical failure
However, subsection (2) applies only if—
the broken-down vehicle is not at the vehicle’s base of operations; and
either—
there is no reasonable alternative transport; or
the driver of the vehicle providing the transport reasonably believes the health or safety of the driver of the broken-down vehicle, or any of its passengers, is placed in unreasonable danger because of the breakdown.
In this section—
ambulance service means—
the Queensland Ambulance Service established under the Ambulance Service Act 1991; or
the Ambulance Service of NSW established under the Health Services Act 1997 (NSW); or
the SA Ambulance Service Inc established under the Health Care Act 2008 (SA); or
an approved ambulance service within the meaning of the Mental Health and Related Services Act (NT).
car see the Transport Operations (Road Use Management) Act 1995, schedule 4.
truck see the Transport Operations (Road Use Management) Act 1995, schedule 4.
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