Passenger Transport Services Act 2011

For the purposes of this Act, a regular passenger service is a passenger service that – carries fare-paying passengers by means of a large passenger vehicle; and operates at regular or substantially regular intervals according to a publicised route and publicised timetable.

However, a passenger service that might otherwise fit the description in subsection (1) is taken not to be a regular passenger service for the purposes of this Act if – the passenger service forms the whole or part of a tourist activity that – is completed in a single day; and terminates where it began; and does not charge any passengers who embark or disembark en route lower fares than passengers who take the entire journey; and charges, if the passenger service is just a part of the tourist activity, passenger fares that cannot be unbundled from any charges relating to that tourist activity; or the passenger service forms the whole or part of a tourist activity that – extends over 2 or more consecutive days; and does not charge any passengers who embark or disembark en route lower fares than passengers who take the entire journey; and charges, if the passenger service is just a part of the tourist activity, passenger fares that cannot be unbundled from any charges relating to that tourist activity; or the regulations so provide.

Any question or dispute concerning a passenger service's status in terms of subsection (1) or (2) is to be determined by the Commission, and the determination is binding.

In this section – paying passengers, of a regular passenger service, includes – passengers who pay an on-the-spot fare to use the service; and passengers who purchase a pre-paid ticket or voucher that entitles them to use the service over a certain period or for multiple trips; and passengers who make a pre-paid or post-paid booking to use the service; and passengers (such as schoolchildren or the clients of a charitable body) who do not individually pay to use the service but for whom a collective contractual payment is made by a third party; publicised means publicly advertised or readily ascertainable by members of the general public.