Passenger Transport Services Act 2011

Passenger Transport Services Act 2011

This Act may be cited as the Passenger Transport Services Act 2011.

Sections 1, 3, 68 and 69 and this section commence on the day on which this Act receives the Royal Assent.

The remaining provisions of this Act commence on a day to be proclaimed.

In this Act, unless the contrary intention appears – accredited means accredited under Part 2 as the operator of a passenger transport service or hire and drive passenger service, and accreditation has a corresponding meaning; accredited operator means a person holding accreditation; affiliated operator means an accredited operator who, under a contract or agreement in writing with a booking service provider, uses the safety, security and related systems of the booking service provider; annual fee means a fee prescribed under section 24A; approved means approved by the Commission; authorised means authorised for the purposes of section 34, and authorisation has a corresponding meaning; authorised officer means a person authorised by the Commission, under section 9(2) of the Traffic Act 1925, in relation to a power or act under that Act or the Vehicle and Traffic Act 1999; body politic includes an agency or instrumentality of the body politic; booking service provider means a person who is a booking service provider under section 8A; bus operator means a person holding accreditation in respect of a passenger transport service of the kind referred to in section 11(1)(b);Commission means the Transport Commission incorporated under section 4 of the Transport Act 1981; continuity fees means the fees, if any, required to be paid to ensure the continuity of an accreditation or authorisation, as referred to in section 24 and section 40(1), respectively; conviction includes a finding of guilt without the recording of a conviction; employee includes a person engaged, either directly or indirectly, under a contract for services; external, accreditation, means accreditation that – is issued, granted or conferred by an external regulator; and confers on its holder, in that external regulator's jurisdiction, substantially similar status and entitlements as accreditation under this Act; external regulator means an agency of another State having responsibilities substantially similar to those of the Commission under Part 2; fare includes any form of financial consideration; hire and drive passenger service– see section 13; improvement notice means an improvement notice served under section 61A(1), as amended, if at all, under section 61A(7); large passenger vehicle means, subject to any exceptions prescribed by the regulations, a motor vehicle with 10 or more seats; manned, motor vehicle, means a motor vehicle that is furnished with a driver; motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999; notify means give notice in writing; on-demand passenger transport service means a passenger transport service in relation to which a fare-paying passenger is transported, in a manned small passenger vehicle, to a destination nominated by the passenger, but does not include a regular passenger service; passenger, of a motor vehicle, includes the driver of the motor vehicle; passenger service means any service that involves the carriage of passengers on a public street by means of a motor vehicle; passenger service contract means a contract between the Secretary and an accredited passenger transport service operator for the operation of a regular passenger service; passenger transport service– see section 11(1); person includes a body politic; public street has the same meaning as in the Traffic Act 1925; registered operator, in relation to a vehicle, has the same meaning as in the Vehicle and Traffic Act 1999; regular passenger service– see section 35; regulations means regulations made and in force under this Act; relevant responsible person means the responsible person for the accredited service in respect of which the expression is used; responsible person– see section 18(3), (4) and (5); ride-sourcing driver means a person who arranges, by means of ride-sourcing software, to carry on journeys, in a ride-sourcing vehicle driven by the person, passengers who – arrange, by means of ride-sourcing software, to be so carried; and provide to the person financial consideration for such journeys only by means of a system for electronic transfer of funds that is provided as part of the ride-sourcing software; ride-sourcing software means computer software that enables – requests, for passengers to be carried on journeys in motor vehicles, to be received; and such requests to be communicated to, and accepted by, drivers of motor vehicles; and such passengers to provide to such drivers financial consideration, for carriage on such journeys, only by way of the electronic transfer of funds by a system that is provided; and identification of, and recording of the details of, such drivers and vehicles and the origin, destination and duration of such journeys; and satisfaction rating services to be provided – by means of the computer software; ride-sourcing vehicle means a small passenger vehicle that is used by a person to carry on journeys, in the vehicle, driven by the person, passengers who – arrange, by means of ride-sourcing software, to be so carried; and provide to the person financial consideration for such journeys only by means of a system for electronic transfer of funds that is provided as part of the ride-sourcing software; rights of review means rights of review under Part 4; seat, of a motor vehicle – see section 5(3);Secretary means the Secretary of the Department; serious offence means – an offence under sections 124, 125A, 125B, 125C, 125D, 126 and 127 of the Criminal Code; or an offence under sections 158, 167A, 167B, 170, 172 and 172A of the Criminal Code; or an offence under Chapter XIX or XX of Part V of the Criminal Code; or an offence under section 7A, 37B or 37C of the Police Offences Act 1935; or an offence under section 32 of the Traffic Act 1925; or an offence under Division 1 of Part 3, Part 4 or section 53 or 64 of the Vehicle and Traffic Act 1999; or an offence prescribed by the regulations as a serious offence for the purposes of this Act; service means, according to the context, a passenger transport service, hire and drive passenger service or regular passenger service; service development plan means a document prepared by the operator of a regular passenger service setting out the operator's views regarding its potential for improvement under the operator's passenger service contract; service eligibility guidelines– see section 51; service operator means the person operating the service in respect of which the expression is used; small passenger vehicle means a motor vehicle with fewer than 10 seats or a motor vehicle that is approved under the Taxi and Hire Vehicle Industries Act 2008 for use as a wheelchair-accessible taxi, a remote area wheelchair-accessible taxi or a substitute wheelchair-accessible taxi;State includes Territory; statutory rule means a statutory rule for the purposes of the Rules Publication Act 1953; transport concern– see section 11; transport costs includes the cost of fuel, tolls, parking, entry fees and, if applicable, vehicle hire or leasing costs.

In this Act, a reference to a passenger service, passenger transport service, hire and drive passenger service or regular passenger service is taken to include a reference to a part of the service.

Where a provision of this Act requires the Commission to take an action consequent on making a decision or another occurrence, then, unless the contrary intention appears, the provision is to be taken as requiring the Commission to take the action as soon as practicable after making the decision or as soon as practicable after the other occurrence.

For the purposes of this Act, a motor vehicle is taken always to have the number of seats it had when originally manufactured, regardless of whether any of those seats has been – permanently or temporarily removed from the motor vehicle; or permanently or temporarily converted to or adapted to another use.

However, if, as a result of a modification, a motor vehicle has more seats than it had when originally manufactured as determined under subsection (1), then, for the purposes of this Act, the motor vehicle is taken to have, after the modification, that higher number of seats.

For the purposes of this Act – seat, of a motor vehicle, includes – the driver's seat; and an individual seating position on a bench seat; and a demountable seat (being a seat that is so designed and constructed as to be capable of being readily removed from the motor vehicle without the need to structurally alter the motor vehicle); and a modifiable seat (being a seat that is so designed and constructed as to be capable of being readily retracted, collapsed or folded away when not in use or of being readily converted or adapted to another use such as a sofa, bed or storage); and a seat that, to be used, requires the temporary retraction, collapsing or folding-away of a moveable console or armrest; and a position or space on the floor of the vehicle that is purposely designed or adapted to accommodate, or is dedicated or reserved for the use of, a wheelchair.

Nothing in this Act restricts, governs or otherwise applies to the personal private use of a motor vehicle.

In this section – personal private use, of a motor vehicle, means its use by an individual to carry members of the individual's family, or friends of the individual's family (even if any such passenger makes, or offers or is asked to make, some contribution towards the transport costs or does, or offers, or is asked, to do, some of the driving).

Nothing in this Act restricts, governs or otherwise applies to a private passenger service.

Any question or dispute as to whether a particular passenger service is a private passenger service is to be determined by the Commission, and the determination is binding.

In determining whether a particular passenger service is a private passenger service, the Commission may have regard to – guidelines, if any, it approves for the purpose; and such other factors as the Commission reasonably considers relevant.

In this section – passenger service includes a group of such services; private passenger service means a passenger service that is – provided by means of a small passenger vehicle; and operated exclusively by persons having a common affiliation; and not available to the general public.

Nothing in this Act restricts, governs or otherwise applies to – the carriage of persons under a private car-pooling arrangement; or the carriage of persons in or on a motorised buggy or similar specialised vehicle within the precincts of – a golf course, sports ground or other sporting venue; or a tourist attraction; or an hotel; or an industrial complex; or an aerodrome; or the carriage of passengers in or on a motor vehicle that is configured as, and being used solely as, a novelty vehicle such as a "toy train" in a public park or a float in a Christmas parade or other community pageant; or the carriage of persons in prescribed motor vehicles or by prescribed persons or prescribed passenger services or in prescribed circumstances.

In this section – private car-pooling arrangement means – an arrangement whereby several individuals travel together in one small passenger vehicle on a journey, on the basis that they will share the transport costs or driving duties, or both; or an arrangement whereby several individuals agree to transport one another in each other's small passenger vehicle, turn and turn about over a given period, correspondingly apportioning transport costs, for the purpose of commuting to work or to a regular sporting, recreational or other activity of common interest; or an arrangement analogous to an arrangement referred to in paragraph (a) or (b).

For the purposes of this Act, a person is a booking service provider if the person carries on the business of – receiving requests for persons to be transported for financial consideration by a small passenger vehicle (other than a luxury hire car, or a restricted hire vehicle, each within the meaning of the Taxi and Hire Vehicle Industries Act 2008) that is being operated as part of a passenger transport service; and arranging or facilitating the acceptance of those requests by or on behalf of drivers of small passenger vehicles.

In determining whether a person (the service provider) is a booking service provider, it does not matter – whether or not the transport of a person by a small passenger vehicle is provided by a driver as an agent, bailee or employee of the service provider; or whether the agreement or arrangement in accordance with which the transport of a person by a small passenger vehicle is provided is between – the driver and passenger; or the service provider and either the driver or passenger; or any other persons; or whether the fare or other consideration for the transport of a person by a small passenger vehicle is paid to the driver by – the service provider; or the passenger; or any other person; or whether or not an act referred to in subsection (1)(a) or (b) involves the use of a wholly or partly automated electronic system, including ride-sourcing software; or whether or not the service provider is located outside the State; or whether or not the service provider also receives requests for persons to be carried as passengers outside the State.

A person who owns, operates or controls a wholly or partly automated electronic system, which may include ride-sourcing software, that performs the acts referred to in subsection (1)(a) or (b) is taken to be a booking service provider.

A person prescribed for the purposes of this subsection is taken to be a booking service provider.

A person prescribed for the purposes of this subsection is taken to not be a booking service provider, despite anything to the contrary in the other provisions of this section.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

A person must not operate a passenger transport service unless the person is accredited in respect of that service and that accreditation is not suspended. Fine not exceeding – 200 penalty units for a body corporate or body politic; or 100 penalty units for an individual.

Subsection (1) does not apply in relation to the operation, for the purposes of a passenger transport service, by a ride-sourcing driver of a ride-sourcing vehicle under an arrangement with a booking service provider.