Does not include amendments by: (not commenced — to commence on 8.1.2015) Statute Law (Miscellaneous Provisions) Act (No 2) 2014 No 88
(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. (2) The purpose of accreditation under this Division is to attest:
(a) that the accredited person is (or, in the case of an accredited corporation, the designated directors and managers of the corporation are) considered to be of good repute and in all other respects fit and proper to be responsible for the operation of a public passenger service, and (b) that the accredited person has demonstrated the capacity to meet the government’s standards of:
(i) financial viability, and (ii) safety of passengers and the public, and (iii) vehicle maintenance, to the degree and in the manner required in respect of services of the kind specified in the accreditation.
(1) An accreditation is subject to:
(a) the conditions prescribed by the regulations, and (b) such additional conditions as RMS, 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 TfNSW 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 TfNSW 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 TfNSW under this section and published in the Gazette. Editorial note— For guidelines under this subsection, see Gazette No 142 of 25.11.2005, p 9811.
(1) An authority is subject to:
(a) the conditions prescribed by the regulations, and (b) such additional conditions as RMS, having regard to the purpose of an authority, may from time to time impose on the authority.
(1) TfNSW may, by order published in the Gazette, fix fees for all or any of the following:
(a) applications for an accreditation or authority, (b) the renewal of an accreditation or 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 TfNSW (on behalf of the Crown).
(1) A ferry service contract is to be for a term not exceeding 8 years. (2) A ferry service contract may be renewed from time to time in accordance with any provision of the contract concerning renewal.
(1) A ferry service contract (other than for a service operated by Sydney Ferries) must make provision with respect to the following:
(a) requirements relating to the financial viability of the operator, (b) 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.
(1) A ferry service contract is to provide for performance standards to be observed by the contract holder. (2) Without limiting subsection (1), the performance standards may include any model performance standards for ferry services that TfNSW may, by order published in the Gazette, approve from time to time.
(1) This section applies to any ferry service contract that authorises or otherwise provides for the fares charged by the contract holder to be determined in accordance with this section. Note— If its ferry service contract does not provide for this matter, Sydney Ferries may make an order under section 85 of the determining fares. Transport Administration Act 1988 (2) The Independent Pricing and Regulatory Tribunal (the Tribunal ) is to conduct investigations and make reports to the Minister on the following matters:
(a) the determination of appropriate maximum fares for regular ferry services supplied under contracts to which this section applies, (b) a periodic review of fare pricing policies in respect of such services. (3) In respect of an investigation or report under this section, the Minister may require the Tribunal to consider specified matters when making its investigations.
(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) For the purpose of determining the manner in which a contract holder is to be remunerated for the performance of services under the contract, a service contract may be classified as a “commercial” or a “non-commercial” contract. (2) Under a commercial contract, the holder’s remuneration is to be derived from revenue generated by passengers’ fares.
(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) TfNSW determines that, in the public interest, additional 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) TfNSW 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 TfNSW 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 TfNSW 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 TfNSW.
(1) A service contract for a regular bus service is to be for a term not exceeding 8 years. (2) A service contract for a regular bus service may specify a region or route of operation for the contract by reference to any bus service contract region, strategic transport corridor, transitway route, emergency route or other geographical area or route of travel (or by reference to any combination of these).
(1) A service contract for a regular bus service is to provide for performance standards to be observed by the operator of the service. (2) Without limiting subsection (1), the performance standards may include any model performance standards for regular bus services that TfNSW may, by order published in the Gazette, approve from time to time.
(1) TfNSW may from time to time, by order published in the Gazette, declare an area of the State specified in the order to be a bus service contract region for the purposes of this Division with effect from the date specified in the order. (2) TfNSW may at any time, by order published in the Gazette, vary or abolish any bus service contract region with effect from the date specified in the order.
(1) TfNSW may from time to time, by order published in the Gazette, declare a transport corridor to be a strategic transport corridor for the purposes of this Division with effect from the date specified in the order. (2) TfNSW may at any time, by order published in the Gazette, vary or abolish a strategic transport corridor with effect from the date specified in the order. (3) In deciding whether to declare a transport corridor to be a strategic transport corridor or to vary an existing strategic transport corridor, TfNSW may take into account:
(a) the potential for the corridor:
(i) to link regional centres and provide access to hospitals, educational institutions, shopping centres and other facilities or locations that generate major passenger transportation demands, and (ii) to integrate bus services with other key modes of transport along the corridor, and (iii) to provide fast, frequent and direct transportation for passengers, and (iv) to provide a blueprint for the implementation of appropriate bus priority measures, and (b) such other matters as TfNSW considers relevant.
(1) TfNSW 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) TfNSW 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 Subdivision lies within or on a region or route of operation specified in a service contract for a regular passenger service:
(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 Subdivision lies within or on a region or route of operation specified in a service contract for a regular passenger service, any exclusive 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) This section applies to any service contract for a regular bus service that authorises or otherwise permits the holder (or a person providing the service for the holder under a subcontract or other arrangement) to charge passengers of the service a fare for the use of the service. (2) The Independent Pricing and Regulatory Tribunal (the Tribunal ) is to conduct investigations and make reports to the Minister on the following matters:
(a) the determination of appropriate maximum fares for regular bus services supplied under service contracts to which this section applies, (b) a periodic review of fare pricing policies in respect of such services. (3) In respect of an investigation or report under this section, the Minister may require the Tribunal to consider specified matters when making its investigations.
(1) The terms and conditions on which rail services are to be carried out by RailCorp are to be set out in a contract entered into between RailCorp and TfNSW (on behalf of the Crown). (2) In this Division, rail services means:
(a) rail passenger services and any bus services (other than regular passenger services) operated by RailCorp, and (b) the carrying out of functions as a rail infrastructure owner (within the meaning of the ), and Transport Administration Act 1988 (c) the provision of access and network control services.
(1) A person may apply to RMS for accreditation under this Division.
(1) Having regard to the purpose of accreditation under this Division, RMS 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 RMS, 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) TfNSW may from time to time determine service standards with which accredited taxi-cab operators are required to comply.
(1) RMS may license motor vehicles as taxi-cabs, subject to and in accordance with this Division.
(1) A person may apply to RMS for a licence under this Division.
(1) RMS may grant an application and issue to the applicant a licence for the taxi-cab concerned, or may refuse the application. (2) Before an application is granted, the applicant must meet any criteria set forth in the regulations and must satisfy RMS as to any matter RMS considers relevant.
(1) TfNSW must determine, before 31 March in each year, the number of annual licences to be issued for taxi-cabs during the year commencing on the following 1 July. (2) Any such determination may also do any of the following:
(a) determine the number and class of annual licences that are to be issued to authorised taxi-cab drivers who are also accredited taxi-cab operators or who have applied for such accreditation, (b) limit the number of annual licences that may be granted to the same applicant or related applicants if, in the opinion of TfNSW, such a limitation is likely to promote competition that will benefit the public, (c) provide for any other matter relating to the issue of annual licences that is prescribed by the regulations.
(1) A licence (other than a short-term licence) is renewable from time to time on payment of the administrative fee prescribed by the regulations.
(1) A licence is subject to:
(a) the conditions prescribed by the regulations, and (b) such additional conditions as RMS may impose on the licence.
(1) The amount of the licence fee for an annual licence (other than a licence for a wheelchair accessible taxi-cab) must be determined by inviting applicants for the licence to bid for it at public auction or to submit sealed tenders for it.
(1) RMS 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, RMS 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 RMS, having regard to the purpose of authorisation under this Division, may impose on the authority.
(1) RMS 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 RMS 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, RMS 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 RMS, 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 RMS for accreditation under this Division.
(1) Having regard to the purpose of accreditation under this Division, RMS 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 RMS, having regard to the purpose of accreditation under this Division, may impose on the accreditation.
(1) RMS may license motor vehicles as private hire vehicles, subject to and in accordance with this Division.
(1) A person may apply to RMS for a licence under this Division.
(1) A licence, unless sooner suspended or cancelled, remains in force for a period determined by RMS and specified in the licence.
(1) A licence is subject to:
(a) the conditions prescribed by the regulations, and (b) such additional conditions as RMS may impose on the licence.
(1) RMS 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, RMS 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 RMS, 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 must provide to RMS the information concerning measures taken by the person to promote safety or concerning other matters relating to safety that RMS reasonably requires.
(1) The Chief Investigator may investigate any transport accident or incident that may affect the safe provision of railway operations or public passenger services carried on by means of buses or ferries. (2) (3) The Minister may require the Chief Investigator to investigate and report to the Minister on any transport accident or incident that may affect the safe provision of railway operations or public passenger services carried on by means of buses or ferries.
(1) The Chief Investigator may, by notice in writing, require either or both of the following:
(a) the attendance of any person at any place to answer questions in relation to a transport safety investigation, (b) the production of any documents or other things required for the purposes of any such investigation. (2) The Chief Investigator may require a person to answer questions in relation to a transport safety investigation.
(1) The Chief Investigator must provide to the Minister a written report on a transport safety investigation, including any discontinued investigation. (2) The Chief Investigator may provide a copy of a draft report, or proposed recommendations in a report, on a confidential basis, to the Minister or any other person before completing the report:
(a) if the Chief Investigator thinks that it is desirable or necessary to do so for the purposes of transport safety, or (b) to allow the making of submissions about the draft report, or (c) to give advance notice of the likely form of the report. (3) The Chief Investigator may include in a report on a transport safety investigation any submissions made in response to a draft report or draft recommendations, safety action statements or safety recommendations.
(1) The Minister may constitute one or more persons as a Board of Inquiry to conduct an inquiry (a transport safety inquiry ) into any transport accident or incident or any other event, occurrence, practice or matter that may affect the safe provision of railway operations or a public passenger service carried on by means of a bus or ferry.(2) A transport safety inquiry may be carried out and a report provided whether or not:
(a) an investigation is being, or has been, conducted under any other Act or law (including a law of the Commonwealth) relating to the same matter, or (b) the matter is or may be subject to any criminal or civil proceedings, or (c) the matter is the subject of an inquest or inquiry under the . Coroners Act 2009
(1) A Board of Inquiry may summon a person to appear at a transport safety inquiry conducted by the Board to give evidence and to produce any documents that are specified in the summons.
(1) The Chief Investigator or a former Chief Investigator or a person who is or was a transport safety investigator is not obliged to comply with a subpoena or similar direction of a court in relation to civil proceedings to attend and answer questions relating to an accident or incident or other event, occurrence, practice or matter the subject of a transport safety investigation, if the Chief Investigator has issued a certificate under subsection (2) in relation to the transport safety investigation.
(1) The Chief Investigator may establish a system for the voluntary reporting by transport safety employees or rail safety workers (within the meaning of the ) of matters that may affect the safe provision of a public passenger service by means of a bus or ferry or of railway operations. Rail Safety National Law (NSW)
(1) RMS may cause inspections to be carried out to ensure that a person who carries on a public passenger service by means of a bus is complying with the terms of the person’s accreditation under this Act or with the requirements of this Act relating to a safety management system.
(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) This section applies for the purpose of enabling an authorised officer or a transport safety investigator to exercise any of the powers of an authorised officer or a transport safety investigator under this Part or Schedule 6.
(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. (2) An authorised justice to whom such an application is made by an authorised officer may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised officer named in the warrant:
(a) to enter the premises, and (b) to search the premises for evidence of a contravention of this Act, the regulations or the terms of an accreditation, licence, authority, authorisation, service contract, requirement or exemption under this Act.
(1) TfNSW may appoint a member of staff of TfNSW, or a person of a class prescribed by the regulations, to be an authorised officer for the purposes of this Act. (2) RMS may appoint a member of staff of RMS, or a person of a class prescribed by the regulations, to be an authorised officer for the purposes of this Act.
(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 Civil and Administrative Tribunal for an administrative review under the of the refusal, variation, suspension or cancellation. Administrative Decisions Review Act 1997
(1) RMS may enter into an arrangement (an information sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information held by RMS 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 or a rail passenger service, (c) any other information that may be prescribed by the regulations.
(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 TfNSW 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 RMS, if requested in writing by RMS 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 TfNSW for the purposes of this section.
(1) A person may be required to state his or her full name and residential address by an authorised officer if the authorised officer:
(a) reasonably suspects the person to be committing or to have committed an offence against this Act or the regulations, or (b) reasonably suspects the person to be committing or to have committed an offence against the on railway premises, or Graffiti Control Act 2008 (c) finds the person in circumstances that lead, or has information that leads, the officer reasonably to suspect the person has committed such an offence.
(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) RMS must keep records of the grant, refusal, variation, suspension and cancellation of accreditations, authorities, 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 on trains and other railway premises, 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 persons (including drivers) in or on public passenger vehicles, trains and other railway premises, and (ia) prohibiting persons from travelling on, or attempting to travel on, a passenger transport vehicle or train without holding an appropriate ticket or other form of authority, and (j) the powers and duties of drivers of public passenger vehicles or trains and of authorised officers, including (but not limited to) requiring the handing over of tickets and other authorities to travel for examination, and (k) the authority of drivers of buses, other public passenger vehicles or trains, and of authorised officers, to eject persons guilty of any contravention of the regulations, and (ka) the exclusion of persons, animals or freight from railways, and (kb) trespass on railways, 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 on public passenger vehicles or trains, and (o) the carriage of passengers’ luggage or other goods, and animals, on public passenger vehicles or trains, and (p) the regulation or prohibition of the carriage of passengers standing in or on any part of a public passenger vehicle or train, 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 of a public passenger vehicle or train to pay the appropriate fare or for leaving the public passenger vehicle or railway premises before paying the appropriate 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 TfNSW 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 or on trains or other railway premises, 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 TfNSW considers necessary, and (ee) the erection and display of signs and notices for the guidance of the drivers of public passenger vehicles or trains 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 other types of authority to travel on public passenger vehicles or trains and the conditions under which tickets and such types of authority must be sold, and (ii) the granting of free or concession passes for travel on public passenger vehicles or trains, and (jj) the terms and conditions to which tickets, smartcards and other authorities to travel on public passenger vehicles or trains are subject, and (kk) the use of smartcards and smartcard readers and the testing and certification of smartcard readers, and (ll) without limiting paragraph (kk), the admission of information obtained by smartcard readers, and of certificates relating to that information and to the testing of smartcard readers, as evidence (including conclusive evidence) in legal proceedings relating to an offence against the regulations, and (mm) generally as to the regulation and control of public passenger vehicles and trains, their drivers and passengers, railway premises and persons on railway premises.
(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 , of any function of TfNSW 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))
Note— The object of this Division is to recognise, and standardise provisions and conditions applying to, the category of licences for taxi-cabs (nexus licences) associated with licences for wheelchair accessible taxis (paired licences).
(Section 9C (6))