Part 6Miscellaneous
53Exchange of
information
(1)
The regulator may enter into an arrangement (an
information sharing arrangement)
with a relevant agency for the purposes of sharing or exchanging information
held by the regulator and the agency.
(2)
The information to which an information sharing
arrangement may relate is limited to the following:
(a)
information concerning possible breaches of this
Act or the regulations,
(b)
information concerning the safe provision of a
public passenger service carried on by means of a bus or
ferry,
(c)
any other information that may be prescribed by
the regulations.
(3)
Under an information sharing arrangement, the
regulator and the relevant agency are, despite any other Act or law of the
State, authorised:
(a)
to request and receive information held by the
other party to the arrangement, and
(b)
to disclose information to the other
party,
but only to the extent that the information is
reasonably necessary to assist in the exercise of functions of the regulator
under this Act (or any other Act administered by the Minister for Transport,
whether solely or jointly with another Minister) or the functions of the
relevant agency concerned.
(4)
This section does not limit the operation of any
Act under which the regulator or a relevant agency is authorised or required
to disclose information to another person or body.
(5)
This section does not permit the disclosure of
information in contravention of section 46E.
(6)
In this section:
relevant
agency means:
(a)
the WorkCover Authority constituted by the
Workplace Injury Management and Workers Compensation Act
1998, or
(b)
the Chief Investigator, or
(c)
any other person or body prescribed by the
regulations.
s 53: Rep 1997 No 77,
Sch 5.22 [2]. Ins 2005 No 55, Sch 3 [25].
53AAdvertising
(1)
A person must not cause to be published any
advertisement that advertises a commercial service involving the operation of
a vehicle if:
(a)
the service is of a kind that requires the
operator of the service to be accredited or authorised under this Act and the
service is not so accredited or authorised, or
(b)
the vehicle is of a kind that is required to be
licensed under this Act and the vehicle is not so
licensed.
Maximum penalty: 50 penalty
units.
(2)
A reference in this section to an advertisement
includes a reference to any form of notice or statement in the nature of an
advertisement.
s 53A: Ins 2000 No
85, Sch 1 [15].
53BRequirement to return
documents or number-plates
(1)
If an accreditation, authority, authorisation or
licence under this Act is suspended or cancelled or otherwise ceases to be in
force, the person to whom it was granted must immediately return it to the
Director-General.
Maximum penalty: 25 penalty
units.
(2)
If a licence is cancelled, or is suspended for a
period of more than 28 days, or otherwise ceases to be in force, the person to
whom it was granted must, unless otherwise directed by the Director-General in
writing, return any number-plates allocated to the taxi-cab or private hire
vehicle by virtue of its being licensed to the Roads and Traffic Authority or
the Commissioner of Police within 7 days of the cancellation, suspension or
discontinuation taking effect.
Maximum penalty: 25 penalty
units.
s 53B: Ins 2000 No
85, Sch 1 [15].
53CDrug and alcohol programs and
testing relating to ferry services
(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 Maritime Authority 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 Maritime Authority, if requested in
writing by the Maritime Authority 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 Maritime
Authority for the purposes of this section.
(4)
Without limiting subsection (2) (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.
(5)
The Maritime Authority may at any time arrange
with an operator for the random testing of any person on duty for the purposes
of carrying out transport safety work with respect to services operated by the
operators for the presence of alcohol or any other drug to ensure that the
operator is complying with this section.
(6)
For the purposes of this section, a transport
safety employee is to be regarded as being about to carry out transport safety
work if the employee:
(a)
has left home or a temporary residence for work
(being transport safety work), and
(b)
has not commenced work after having so left home
or the temporary residence.
(7)
Note—
Schedule 5 (which is given effect to by section
9C) applies to the testing of employees and contractors of
operators.
Editorial
note—
For guidelines under this section, see Gazette No
58 of 19.3.2004, p 1478.
s 53C: Ins 2002 No
96, Sch 6 [3]. Am 2003 No 65, Sch 3 [20]; 2005 No 55, Sch 3 [26] [27]; 2006 No
58, Sch 1.20 [3].
53DFerry operators to have
approved safety management systems
(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.
(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 guidelines issued by the Maritime Authority under
this section and published in the Gazette.
(3)
The Maritime Authority may issue guidelines with
respect to policy objectives and safety initiatives to be adopted in safety
management systems by persons who carry on public passenger services by means
of a ferry.
(4)
A person who carries on a public passenger
service by means of a ferry must, if directed to do so by the Maritime
Authority, vary a safety management system.
(5)
Editorial
note—
For guidelines under this section, see Gazette No
162 of 15.10.2004, p 8024.
s 53D: Ins 2003 No
65, Sch 3 [21]. Am 2005 No 55, Sch 3 [28]; 2006 No 58, Sch 1.20
[3].
53ERecommendations arising from
investigations
(1)
The Minister, in consultation with the Maritime
Authority, may, by order in writing, direct a person who carries on a public
passenger service by means of a ferry to comply with a recommendation
contained in a report provided to the Minister under section 46BA (2) or
46BG.
(2)
A person who, without reasonable excuse, fails to
comply with an order of the Minister under this section is guilty of an
offence.
Maximum penalty: 1,000 penalty
units.
s 53E: Ins 2005 No
55, Sch 3 [29]. Am 2006 No 58, Sch 1.20 [3].
54Offences involving
credentials
A person who:
(a)
by any false statement or misrepresentation,
obtains or attempts to obtain any accreditation, authority or authorisation
under this Act or procures or attempts to procure a service contract,
or
(b)
forges or fraudulently alters or uses any such
accreditation, authority or authorisation, or
(c)
fraudulently allows any such accreditation,
authority or authorisation to be used by any other
person,
is guilty of an offence.
Maximum penalty: 20 penalty
units.
s 54: Am 2000 No 85,
Sch 1 [16].
55Offenders to state name and
address
(1)
A person reasonably suspected by a police officer
or by an authorised officer to be committing or to have committed an offence
against this Act or the regulations may be required to state his or her full
name and residential address.
(2)
A person who:
(a)
fails or refuses to comply with the requirements
of a police officer or authorised officer made under this section,
or
(b)
in purported compliance with such a requirement,
states a name that is not his or her name or an address that is not his or her
residential address,
is guilty of an offence.
Maximum penalty: 5 penalty
units.
(3)
A person is not guilty of an offence under this
section unless it is established that the police officer or authorised
officer:
(a)
warned the person that a failure or refusal to
comply with the requirement is an offence, and
(b)
identified himself or herself as a police officer
or as an authorised officer, as the case requires.
s 55: Am 2005 No 55,
Sch 3 [30].
55A
s 55A (previously s
42): Subst 1997 No 72, Sch 1 [26]. Am 2000 No 85, Sch 1 [8] [9].
Renumbered 2000 No 85, Sch 1 [10]. Rep 2003 No 65, Sch 3
[22].
56Obstruction
A person must not:
(a)
hinder or obstruct an authorised officer in a
manner that interferes with the performance by the officer of his or her
functions under this Act or the regulations, or
(b)
being the occupier or person in charge of any
place or land entered by the authorised officer under a power conferred by
this Act, fail to provide the officer with all reasonable facilities and
assistance for the effective exercise of the officer’s functions under
this Act, or
(c)
fail, without reasonable excuse, to answer
questions or provide information when required to do so by an authorised
officer in the exercise of his or her functions as an authorised officer,
or
(d)
fail to produce for inspection any documents when
required to do so by an authorised officer in the exercise of his or her
functions as an authorised officer.
Maximum penalty:
(a)
in the case of a corporation—1,000 penalty
units, or
(b)
in the case of an individual—500 penalty
units.
s 56: Subst 2003 No
65, Sch 3 [22].
57
s 57: Subst 2003 No
65, Sch 3 [22]. Rep 2005 No 55, Sch 3 [31].
58Offences by
corporations
(1)
If a corporation contravenes any provision of
this Act or the regulations, each person who is a director of the corporation
or who is concerned in the management of the corporation is to be taken to
have contravened the same provision if the person knowingly authorised or
permitted the contravention.
(2)
A person may be proceeded against and convicted
under a provision pursuant to subsection (1) whether or not the corporation
has been proceeded against or convicted under that
provision.
(3)
Nothing in this section affects any liability
imposed on a corporation for an offence committed by the corporation against
this Act or the regulations.
59Penalty notices for certain
offences
(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.
(3A)
The regulations may:
(a)
prescribe different amounts of penalties for
different offences or classes of offences, and
(b)
prescribe different amounts of penalties for the
same penalty notice offence.
(4)
A penalty notice may be served personally or by
post.
(5)
If the amount of the penalty prescribed by the
regulations for an alleged offence is paid under this section, no person is
liable to any further proceedings for the alleged
offence.
(6)
Payment of a penalty under this section is not to
be regarded as an admission of liability for the purpose of, nor in any way
affect or prejudice, any civil claim, action or proceeding arising out of the
same occurrence.
(7)
This section does not limit the operation of any
other provision of this or any other Act or of any statutory
rule.
s 59: Am 2002 No 112,
Sch 1.19.
60Proceedings for
offences
(1)
Proceedings for an offence against this Act or
the regulations may be dealt with in a summary manner before a Local Court or
before the Supreme Court in its summary jurisdiction.
(2)
The maximum monetary penalty that may be imposed
by a Local Court for an offence under a provision of this Act or the
regulations is 500 penalty units or the maximum monetary penalty provided for
the offence, whichever is less.
(3)
Despite the Criminal
Procedure Act 1986 or any other Act, proceedings for an
offence under this Act or the regulations may be commenced not later than one
year after the date alleged to be the date on which the offence was
committed.
s 60: Subst 1997 No
72, Sch 1 [30]. Am 1999 No 85, Sch 2.45; 2000 No 85, Sch 1 [17]; 2003 No 65,
Sch 3 [23]–[25].
60AFares or other
remuneration
The Director-General may from time to time, by
notice published in the Gazette, determine fares (including maximum fares) or
approve other arrangements for remuneration in connection with taxi-cab or
private hire vehicle services.
s 60A (previously s
34A): Ins 1997 No 72, Sch 1 [22]. Renumbered 2000 No 85, Sch 1
[7].
61Recovery of amounts
due
Any fees, charges or taxes payable under this Act
or the regulations may be recovered by the Director-General as a debt in any
court of competent jurisdiction.
62Records and evidentiary
matters
(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.
(2)
A certificate purporting to be signed by the
Director-General and certifying that:
(a)
on a date specified in the certificate,
or
(b)
during any period so
specified,
the particulars set forth in the certificate as to any
matter required to be recorded under this section did or did not appear on or
from the records is, for the purposes of any legal proceedings, prima facie
evidence of what it certifies.
(3)
Such a certificate is admissible in any
proceedings:
(a)
without proof of the authenticity of the
Director-General’s signature, and
(b)
without production of any record or document on
which the certificate is founded.
(4)
In any legal proceedings under this Act, proof is
not required (until evidence is given to the contrary) of the
following:
(a)
the fact that a vehicle is subject to a provision
of this Act or the regulations in question,
(b)
the fact that the defendant is, or at any
relevant time was, the driver of any vehicle in question,
(c)
the fact that the defendant is, or at any
relevant time was, the owner or agent of the owner of any vehicle in
question,
(d)
the fact that, at any relevant time, any vehicle
was used for commercial purposes.
s 62: Am 2000 No 85,
Sch 1 [18] [19].
63Regulations
(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.
(3)
The regulations may exempt, or provide for the
exemption (either absolutely or subject to conditions) of, any person or
vehicle or any class of persons or vehicles from all or any of the provisions
of this Act.
(4)
The regulations may create offences punishable by
a penalty not exceeding 50 penalty units.
(5)
(6)
To the extent that this section enables provision
to be made by regulation for or with respect to any matter in relation to a
road or road related area, the regulations may also make provision for or with
respect to that matter in relation to a transitway route that proceeds along
thoroughfares that do not, or do not entirely, consist of roads or road
related areas.
s 63: Am 1997 No 72,
Sch 1 [31] [32]; 1997 No 115, Sch 4.15 [3] [4]; 2000 No 85, Sch 1 [20] [21];
2001 No 55, Sch 1 [11] [12].
64Repeals and
savings
(1)
Each Act specified in Schedule 2 is
repealed.
(2)
Regulations in force under the Transport
Licensing Act 1931 are repealed.
(3)
Schedule 3 has effect.
65Prevention of proceedings
concerning transitways
(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 Subdivision 3 of Division 3 of Part 3, of a transitway route,
or
(c)
the determination, under and in accordance with
Subdivision 3 of Division 3 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 Transport Administration Act
1988, of any function of the Director-General concerning
transitway routes, emergency routes or transitway
services,
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.
(3)
For the purposes of subsection (2), compensation
for the introduction of transitway services includes:
(a)
compensation because of the enactment or
operation of the amendments made to this Act by the Passenger Transport Amendment (Transitways) Act
2001, or for any consequence of that enactment or
operation, and
(b)
compensation because of any statement or conduct
relating to a matter referred to in paragraph (a) or to any aspect of
transitway services.
(4)
This section applies to or in respect of any act,
statement or conduct whether occurring before or after the commencement of
this section.
(5)
In this section:
compensation includes damages or any
other form of monetary compensation.
conduct includes a representation of
any kind:
(a)
whether made verbally or in writing,
and
(b)
whether negligent, false, misleading or
otherwise.
the
Crown means the Crown within the meaning of the Crown Proceedings Act 1988, and includes
the Director-General and any officer of the Ministry of
Transport.
(6)
Nothing in this section affects a right conferred
by a service contract for a transitway service.
(7)
This section has effect despite any provision of
this or any other Act.
s 65: Rep 1999 No 85,
Sch 4. Ins 2001 No 55, Sch 1 [13]. Am 2004 No 54, Sch 1 [24]
[25].
66Exclusion of liability of the
State
No act or omission of the Minister, the
Director-General, the Chief Investigator, a member of a Board of Inquiry, an
assessor appointed in relation to a transport safety inquiry, the Chief
Executive of the Maritime Authority or an officer of the Ministry of
Transport, the Chief Investigator or the Maritime Authority in the course of
exercising functions under this Act gives rise to any civil liability
(including, for example, liability in negligence or for breach of statutory
duty) against the State or any authority of the State.
s 66: Ins 2003 No 65,
Sch 3 [26]. Am 2005 No 55, Sch 3 [32] [33]; 2006 No 58, Sch 1.20
[3].