Transport (Road Passenger Services) Act 2018

In section 79D(1) delete the definitions of:

In section 79D(1) insert in alphabetical order:

Delete section 79D(2)(h) and (i) and insert:

a senior police officer is satisfied that, at the time the offence for which the vehicle was impounded was committed —

the vehicle was a passenger transport vehicle; and

the person who allegedly committed the offence (the alleged offender) was driving the passenger transport vehicle under an agreement between the alleged offender and the provider of the passenger transport vehicle, or an agent of the provider, under which the alleged offender pays the provider or agent in order to be allowed to drive the passenger transport vehicle for reward; and

the provider of the passenger transport vehicle or agent who entered into the agreement with the alleged offender had complied with subsection (5); and

the alleged offender was not a responsible person for the vehicle;

a senior police officer is satisfied that, at the time the offence for which the vehicle was impounded was committed —

the vehicle was a passenger transport vehicle; and

the person who allegedly committed the offence (the alleged offender) was an employee or contractor of the provider of the passenger transport vehicle; and

the alleged offender was driving the vehicle with the consent of the provider of the vehicle; and

the person who consented to the alleged offender driving the vehicle had complied with subsection (5A); and

the alleged offender was not a responsible person for the vehicle;

In section 79D(4) delete “(2)(g)(iv) and (i)(iv),” and insert:

(g)(iv),

Delete section 79D(5) and insert:

For the purposes of subsection (2)(h)(iii), a provider of a passenger transport vehicle or agent who enters into an agreement with a driver of a passenger transport vehicle must —

ensure the driver holds a current passenger transport driver authorisation under the Transport (Road Passenger Services) Act 2018; and

ensure the driver has been instructed to obey the law when driving the vehicle.

For the purposes of subsection (2)(i)(iv), a provider of a passenger transport vehicle or agent who consents to an employee or contractor driving the vehicle must —

ensure the driver holds a current passenger transport driver authorisation under the Transport (Road Passenger Services) Act 2018; and

ensure the driver has been instructed to obey the law when driving the vehicle.