Passenger Transport Services Act 2011

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.