(1) A person who carries on a public passenger service by means of a bus or other vehicle (other than a vessel), being a service operating within, or partly within, New South Wales, is guilty of an offence unless the person is an accredited service operator for that service. Maximum penalty: 1,000 penalty units.
(1) An accreditation is subject to:
(a) the conditions prescribed by the regulations, and (b) such additional conditions as the Director-General, having regard to the purpose of accreditation, may from time to time impose on the accreditation.
(1) Without limiting section 9B, it is a condition of an accreditation of an accredited service operator that carries on a public passenger service by means of a bus:
(a) that the operator prepare and implement a drug and alcohol program for its transport safety employees that complies with guidelines approved by the Director-General for the purposes of this section and published in the Gazette, and (b) that the operator ensure that all transport safety employees employed, or contracted, by the operator to perform transport safety work are not under the influence of alcohol or any other drug when about to carry out, or while on duty for the purposes of carrying out (whether or not carrying out), transport safety work. (2) The drug and alcohol program is to include any matters required to be included by the guidelines approved by the Director-General for the purposes of this section. (3) Without limiting subsection (1) (a), the guidelines are to include provisions for or with respect to the following:
(a) protocols for fair procedures, (b) education and assistance of transport safety employees.
(1) Without limiting section 9B, it is a condition of an accreditation of an accredited service operator that carries on a public passenger service by means of a bus that the operator has, and implements, a safety management system that complies with the requirements of this section. (2) The safety management system must be documented and must:
(a) identify any significant risks that have arisen or may arise from providing the service, including carrying out any associated transport safety work, and (b) specify the controls (including audits, expertise, resources and staff) that are to be employed by the operator to manage the risks and to monitor safety outcomes in relation to the provision of the service, and (c) comply with any requirements prescribed by the regulations or set out in any guidelines issued by the ITSRR under this section and published in the Gazette.
(1) An authority is subject to:
(a) the conditions prescribed by the regulations, and (b) such additional conditions as the Director-General, having regard to the purpose of an authority, may from time to time impose on the authority.
(1) The terms and conditions on which any regular passenger service is to be carried on within, or partly within, New South Wales are to be set forth in a contract entered into between an accredited service operator or, in the case of a ferry service, the operator and the Director-General (on behalf of the Crown).
(1) A service contract (other than a contract relating to a ferry service) must make provision with respect to:
(a) the period for which it operates, and (b) the manner in which it may be terminated, and (c) standards of safety for passengers and the public, and of vehicle maintenance, and (d) any other matters required by this Act or the regulations to be specified in it.
(1) A service contract relating to a ferry service must make provision with respect to:
(a) the period for which it operates, and (b) the manner in which it may be terminated, and (c) standards of safety for passengers and the public, and of maintenance, and (d) requirements relating to the financial viability of the operator, and (e) requirements relating to the fitness of the operator to be an operator and the character of the operator or of any directors and managers of the operator, and (f) any other matters required by this Act or the regulations to be specified in it.
(1)
(1) A service contract must specify a region or route of operation.
(1) If, while a commercial contract is on foot with respect to a particular region or route:
(a) the Director-General determines that, in the public interest, additional services (not being transitway services) should be provided in that region or on, or in proximity to, that route, and (b) the holder of the contract declines to vary the contract, or enter into a new contract, for the provision of those additional services, the holder thereby waives the exclusive right to operate regular passenger services in that region or on that route, but only to the extent necessary to enable the operation of those additional services by someone else. (2) The Director-General may propose the terms and conditions of any variation of the holder’s contract or of any new contract to be offered to the holder.
(1) The performance of service operators under commercial contracts is to be assessed according to a performance assessment regime established by the Director-General that prescribes best-practice objectives and standards of service to be met by operators while their respective contracts remain in force. (2) Objectives and standards of service prescribed by the performance assessment regime are to be settled by the Director-General after consultation with the Transport Advisory Group constituted under the and such persons, representative of commercial regular passenger service operators, as the Minister may direct. Transport Administration Act 1988 (3) The objectives and standards may apply differently to different services according to relevant population densities of communities served by them, or other factors, and may relate to (among other matters):
(a) service levels, and (b) the costs to government (if any) of the service, and (c) fares and ticketing, and (d) any aspect of service quality.
(1) The benefit of a service contract may not be assigned by its holder without the consent of the Director-General.
(1) A service contract is to provide for performance standards to be observed by the operator of the service.
(1) The Director-General may from time to time, by order published in the Gazette, determine, vary or abolish a transitway route, with effect from a date determined by the order. (2) The Director-General must not determine or vary a transitway route unless:
(a) a study has been conducted to determine whether any parts of the transitway or proposed transitway that have not previously been used as a road would be suitable for use for the purpose of light rail, and (b) the study has found that those parts of the transitway or proposed transitway would be suitable for that purpose, and (c) the details of the study have been laid upon the table of each House.
(1) To the extent that a transitway route, or any part of a transitway route, resulting from a determination or variation under this Division lies within or on a region or route of operation specified in a service contract to which Division 2 applies:
(a) the region or route so specified is by this section varied by excluding from it the transitway route or part, and (b) the right of the service operator under the contract to operate a public passenger service within that region or route is extinguished in respect of the excluded transitway route or part. (2) To the extent that an emergency route, or any part of an emergency route, resulting from a determination under this Division lies within or on a region or route of operation specified in a service contract to which Division 2 applies, the right of the service operator under the contract to operate a public passenger service within that region or route ceases to be an exclusive right in respect of the emergency route or part.
(1) A person may apply to the Director-General for accreditation under this Division.
(1) Having regard to the purpose of accreditation under this Division, the Director-General may grant an application and accredit the applicant for the purpose of carrying on a taxi-cab service, or may refuse the application.
(1) An accreditation under this Division is subject to:
(a) the condition imposed by this Division, and (b) the conditions prescribed by the regulations, and (c) such additional conditions as the Director-General, having regard to the purpose of accreditation under this Division, may impose on the accreditation.
(1) Each accreditation under this Division is subject to a condition that the accredited taxi-cab operator must comply with service standards determined under this section. (2) The Director-General may from time to time determine service standards with which accredited taxi-cab operators are required to comply.
(1) The Director-General may license motor vehicles as taxi-cabs, subject to and in accordance with this Division.
(1) A person may apply to the Director-General for a licence under this Division.
(1) A licence, unless sooner suspended or cancelled, remains in force for a period determined by the Director-General and specified in the licence.
(1) A licence is subject to:
(a) the conditions prescribed by the regulations, and (b) such additional conditions as the Director-General may impose on the licence.
(1) The Director-General may, by the issue of authorities under this Division, authorise persons to drive taxi-cabs, subject to and in accordance with this Division. A person authorised under this Division is referred to in this Part as an “authorised taxi-cab driver”.
(1) Having regard to the purpose of authorisation under this Division, the Director-General may grant an application and authorise the applicant to drive a taxi-cab, or may refuse the application.
(1) An authority under this Division is subject to:
(a) the condition imposed by this Division, and (b) the conditions prescribed by the regulations, and (c) such additional conditions as the Director-General, having regard to the purpose of authorisation under this Division, may impose on the authority.
(1) The Director-General may authorise persons to operate taxi-cab networks, subject to and in accordance with this Division. A person authorised under this Division is referred to in this Part as an “authorised taxi-cab network provider”.
(1) A person may apply to the Director-General for authorisation under this Division. (2) An applicant is required to pay any fee fixed by the regulations for consideration of the application.
(1) Having regard to the purpose of authorisation under this Division, the Director-General may grant an application and authorise the applicant to operate a taxi-cab network, or may refuse the application.
(1) An authorisation under this Division is subject to:
(a) the conditions imposed by this Division, and (b) the conditions prescribed by the regulations, and (c) such additional conditions as the Director-General, having regard to the purpose of authorisation under this Division, may impose on the authorisation.
(1) Each authorisation under this Division is subject to a condition that the accredited taxi-cab network provider must have arrangements in place for the affiliation of accredited taxi-cab operators with the taxi-cab network. (2) Each authorisation under this Division is subject to a condition that the authorised taxi-cab network provider must comply with service standards determined under this section.
(1) A person may apply to the Director-General for accreditation under this Division.
(1) Having regard to the purpose of accreditation under this Division, the Director-General may grant an application and accredit the applicant for the purpose of carrying on a private hire vehicle service, or may refuse the application.
(1) An accreditation under this Division is subject to:
(a) the conditions prescribed by the regulations, and (b) such additional conditions as the Director-General, having regard to the purpose of accreditation under this Division, may impose on the accreditation.
(1) The Director-General may license motor vehicles as private hire vehicles, subject to and in accordance with this Division.
(1) A person may apply to the Director-General for a licence under this Division.
(1) A licence, unless sooner suspended or cancelled, remains in force for a period determined by the Director-General and specified in the licence.
(1) A licence is subject to:
(a) the conditions prescribed by the regulations, and (b) such additional conditions as the Director-General may impose on the licence.
(1) The Director-General may, by the issue of authorities under this Division, authorise persons to drive private hire vehicles, subject to and in accordance with this Division. A person authorised under this Division is referred to in this Part as an “authorised private hire vehicle driver”.
(1) Having regard to the purpose of authorisation under this Division, the Director-General may grant an application and authorise the applicant to drive a private hire vehicle, or may refuse the application.
(1) An authority under this Division is subject to:
(a) the conditions prescribed by the regulations, and (b) such additional conditions as the Director-General, having regard to the purpose of authorisation under this Division, may impose on the authority.
(1) A person who carries on a public passenger service by means of a bus or ferry must provide to the ITSRR the information concerning measures taken by the person to promote safety or concerning other matters relating to safety that the ITSRR reasonably requires.
(1) The ITSRR or the Chairperson of the Independent Transport Safety and Reliability Advisory Board may inquire into any transport accident or incident that may affect the safe provision of public passenger services carried on by means of buses or ferries. (2) The ITSRR or Chairperson of the Independent Transport Safety and Reliability Advisory Board must provide to the Minister a report on an inquiry conducted by the ITSRR or Chairperson under subsection (1).
(1) The ITSRR or Chairperson of the Independent Transport Safety and Reliability Advisory Board may, by notice in writing, require either or both of the following:
(a) the attendance of any person at any place to answer questions at a transport safety inquiry, (b) the production of any documents or other things required for the purposes of any such inquiry.
(1) The Chief Investigator may establish a system for the voluntary reporting by transport safety employees of matters that may affect the safe carrying out of a public passenger service by means of a bus or ferry.
(1) An authorised officer may, for the purposes of an inspection of a vehicle that the officer is authorised to inspect under this Act:
(a) enter and remain in or on the vehicle, and (b) enter and remain in any workshop or other premises where the vehicle is located, and (c) operate the vehicle and any operable equipment in, on or about the vehicle.
(1) An authorised officer may, by notice in writing, require a person to furnish records or information.
(1) An authorised officer may apply to an authorised justice for a search warrant if the authorised officer has reasonable grounds for believing that the provisions of this Act, the regulations or the terms of an accreditation, licence, authority, authorisation, service contract, requirement or exemption under this Act have been or are being contravened in or on any premises.
(1) Any person whose application under Part 2, 4 or 4A has been refused, or whose accreditation, authority or authorisation has been varied, suspended or cancelled may apply to the Administrative Decisions Tribunal for a review of the refusal, variation, suspension or cancellation.
(1) This section applies to a person (the operator ) who carries on a public passenger service by means of a ferry.(2) An operator must:
(a) prepare and implement a drug and alcohol program for its transport safety employees that complies with guidelines approved by the Director-General for the purposes of this section and published in the Gazette, and (b) ensure that all transport safety employees employed, or contracted, by the operator to perform transport safety work are not under the influence of alcohol or any other drug when about to carry out, or while on duty for the purposes of carrying out (whether or not carrying out), transport safety work, and (c) report to the Director-General, if requested in writing by the Director-General to do so, as to the implementation of the operator’s drug and alcohol program. Maximum penalty: 500 penalty units. (3) The drug and alcohol program is to include any matters required to be included by the guidelines approved by the Director-General for the purposes of this section.
(1) A person who carries on a public passenger service by means of a ferry, being a service operating within, or partly within, New South Wales, is guilty of an offence unless the person has, and implements, a safety management system that complies with this section. Maximum penalty: 1,000 penalty units.
(1) In this section: penalty notice means a notice to the effect that, if the person served with the notice does not wish to have an alleged offence dealt with by a court, the person may pay, in accordance with the notice, the penalty specified in the notice.penalty notice offence means an offence against this Act or the regulations declared by the regulations to be a penalty notice offence.(2) An authorised officer may serve a penalty notice on a person who appears to the officer to have committed a penalty notice offence. (3) The amount of the penalty to be specified in a penalty notice is the amount prescribed by the regulations for the alleged offence concerned, being an amount not exceeding the maximum amount of penalty which could be imposed for the offence by a court.
(1) The Director-General must keep records of the grant, refusal, variation, suspension and cancellation of accreditations, authorities, contracts, authorisations and licences under this Act.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) In particular, the regulations may make provision for or with respect to the following:
(a) the prohibition or restriction of the use of public passenger vehicles on any specified road or road related area or any portion of a road or road related area, or within any specified area, either generally or within certain hours, and (b) the sections, terminal points and stopping-places on bus or ferry routes, and (c) the number of public passenger vehicles of any class or description which may ply or stand for hire in any road or road related area, and (d) the regulation or prohibition of eating, drinking or smoking in public passenger vehicles, and (e) the methods which may be adopted by the drivers of public passenger vehicles plying for hire in any road or road related area and the regulation or prohibition of plying for hire in any particular road or road related area or part of a road or road related area, and (f) the prohibition of any person from touting or calling out or otherwise importuning any person to use a public passenger vehicle, and (g) requirements as to service contracts, licences, authorities and authorisations under this Act, including:
(i) their form, and the terms, conditions and particulars applying to them, and (ii) forms and conditions to be observed when submitting applications or tenders for them, and (iii) matters relating to their award, refusal, transfer, suspension, cancellation or surrender, and (iv) conditions of service applicable to school bus services or in other special circumstances, and (h) the adjustment of payments and refunds in connection with contract and licence fees, and (i) the conduct of passengers and drivers on public passenger vehicles, and (j) the powers and duties of drivers of public passenger vehicles and of authorised officers, and (k) the authority of drivers of buses or other public passenger vehicles, and of authorised officers, to eject persons guilty of any contravention of a regulation, and (l) the dress to be worn by the drivers of public passenger vehicles, and (m) the wearing of badges by drivers of public passenger vehicles and the regulation of the form and description, and the issue, wearing and return, of those badges, and (n) the taking up or setting down of passengers or other matters incidental to the transport of passengers, and (o) the carriage of passengers’ luggage or other goods, and animals, on public passenger vehicles, and (p) the regulation or prohibition of the carriage of passengers standing in or on any part of a public passenger vehicle, and (q) the publication of fares or other arrangements for remuneration payable by passengers on public passenger vehicles, and (q1) the issue of tickets or passes to passengers on regular passenger services, including:
(i) tickets or passes allowing travel by services or routes of different kinds or descriptions, and (ii) tickets or passes allowing travel on a service provided by another service operator, and the apportionment of fares or other receipts derived from such travel, and (r) the collection of fares or other remuneration, and the determination of maximum or minimum fares or rates of remuneration, payable for the carriage of passengers or of passengers’ luggage or other goods by public passenger vehicles, and (s) the remuneration of persons constituting a review panel, and (t) the furnishing by accredited service operators of returns (verified as prescribed) containing information (including particulars of income and expenditure) necessary or convenient to be ascertained to enable any matter concerning a public passenger service (including its profitability) to be determined, and (u) the furnishing by owners of public passenger vehicles of returns and other information, verified as prescribed, and (v) the imposition of penalties for the failure, neglect or refusal by a passenger to pay any fare or for quitting the public passenger vehicle before paying the fare, and (w) the age of vehicles that may be used as public passenger vehicles, and (x) the design, equipment and fittings (internal or external) of public passenger vehicles, and (y) the more effective checking of time-tables and ensuring that buses or ferries are not withdrawn from the ordinary route for special service unless the approval of the Director-General is first obtained, and (z) the compilation, publication and observance of time-tables, and (aa) the custody and return of property left in public passenger vehicles, the payment of compensation for any such property and the disposal or sale of any such property not claimed and the time of any such disposal or sale, and (bb) the regulation or prohibition of advertisements relating to public passenger vehicles or services, including advertisements displayed within or on the outside of public passenger vehicles, and (cc) the declaration of the speed not to be exceeded by buses whether generally or in any specified locality or on any specified road or road related area or part of a road or road related area, and (dd) the exhibition in or on any public passenger vehicle of such notices in the public interest as the Director-General considers necessary, and (ee) the erection and display of signs and notices for the guidance of the drivers of public passenger vehicles and the public, and (ff) the records and accounts to be kept by holders of service contracts and the holders of provisional authorities and the manner of keeping them, and (gg) the records to be kept by the drivers and owners of public passenger vehicles and by accredited service operators, the manner of keeping those records and their inspection, and (hh) the sale of tickets and the conditions under which tickets must be sold, and (ii) the granting of free or concession passes on public passenger vehicles, and (jj) generally as to the regulation and control of public passenger vehicles, their drivers and passengers.
(1) No compensation is payable to or by any person for loss or damage arising directly or indirectly from:
(a) the entry of parties, under and in accordance with Part 3, into a service contract for a transitway service, or (b) the determination or variation, under and in accordance with Division 4 of Part 3, of a transitway route, or (c) the determination, under and in accordance with Division 4 of Part 3, of an emergency route, or (d) the use, by a person authorised under section 28H to do so, of an emergency route for the operation of a transitway service, or (e) the variation of a region or route, or the extinguishment or compromise of a right, by the operation of section 28I, or (f) the exercise, under and in accordance with this Act or the , of any function of the Director-General concerning transitway routes, emergency routes or transitway services, Transport Administration Act 1988 and no proceedings for damages or other relief, whether grounded on the provisions of any contract or otherwise arising at law or in equity, for the purpose of restraining any action referred to in paragraphs (a)–(d) or (f), or of obtaining compensation in respect of any such loss or damage, may be instituted or maintained. (2) Without limiting the generality of subsection (1), no compensation is payable by or on behalf of the Crown for the introduction of transitway services.
(Section 64 (3))
(Section 9C (6))
(Section 46B (7))