(1) The applicant must be a fit and proper person to carry on the relevant service.
(1) The operator of a relevant service must have, and adhere to, a public passenger vehicle maintenance plan that—
(a) is consistent with the maintenance standards of the manufacturer of the vehicles used to provide the service, and (b) specifies the steps taken to ensure that the vehicles are roadworthy, and (c) specifies the way in which the vehicles are maintained, and (d) specifies the way in which any defects are to be recorded and rectified, and (e) is capable of being audited.
(1) The operator of a relevant service must ensure that the interior, exterior and fittings of the vehicles used to provide the service are, at all times during which the vehicles are being used to provide the service, clean and undamaged and (in the case of fittings) duly fitted, securely in place, in good condition and fully operational.
(1) An accredited operator (unless otherwise notified in writing by TfNSW) must ensure that there is maintained one or more policies of insurance providing cover of at least $5,000,000 for each public passenger vehicle used to provide the relevant service against liability in respect of damage to property caused by or arising out of the use of the vehicle.
(1) For the purposes of section 12(2) of the Act, the criteria that an applicant for an authorisation to drive a public passenger vehicle must meet before the application is granted are the criteria set out in subclauses (2) and (3). (2) The applicant for a driver authority—
(a) must be at least 20 years of age, and (b) must hold an Australian driver licence that is an unrestricted licence, and (c) must have held an Australian driver licence, that is an unrestricted licence, for a total of at least 12 months in the 2 years immediately preceding the date of the application, and (d) must have passed an examination or assessment, at a level determined by TfNSW, in medical fitness, and (e) must satisfy TfNSW that he or she—
(i) may lawfully work in Australia, and (ii) is of good repute and in all other respects a fit and proper person to be the driver of the vehicle concerned, and (iii) has sufficient responsibility to drive the vehicle concerned in accordance with law and custom.
(1) The driver of a public passenger vehicle must not permit any person to place or carry in or on the vehicle any article that is of such size or has such dimensions that it cannot be accommodated in or on the vehicle without inconvenience or danger to any other person. Maximum penalty—2 penalty units.
(1) (2) A person must not drink any alcohol on any bus, ferry or train or in any public area. Maximum penalty—10 penalty units.
(1) A test supervisor may require a transport safety employee, who the test supervisor has reasonable cause to believe is on duty for the purpose of carrying out transport safety work or about to carry out transport safety work, to do either or both of the following—
(a) undergo a breath test in accordance with the test supervisor’s directions, (b) provide a sample of the employee’s urine for the purpose of testing for the presence of drugs.
(1) A test supervisor or police officer may require a transport safety employee to submit to a breath analysis in accordance with the directions of the test supervisor or police officer if—
(a) it appears to the test supervisor or police officer, as a result of a breath test or an assessment under this Regulation, that the prescribed concentration of alcohol may be present in the employee’s breath or blood, or (b) the employee is required by a test supervisor or police officer to undergo a breath test or submit to an assessment under this Regulation and the employee refuses or fails to do so in accordance with the directions of the test supervisor or police officer. (2) If a police officer is entitled to require a transport safety employee to submit to a breath analysis, the police officer may—
(a) arrest the employee without warrant, and (b) take the employee, using necessary force, to a police station or another place the police officer reasonably requires, and (c) detain the employee at the police station or other place for the purposes of the breath analysis. (3) If a test supervisor is entitled to require a transport safety employee to submit to a breath analysis, the test supervisor may direct the employee to attend and submit to a breath analysis—
(a) at the nearest police station or another place the test supervisor reasonably requires, and (b) within a reasonable time required by the test supervisor.
(1) If a transport safety employee attends or is admitted to a hospital for examination or treatment because the employee was involved in an accident while carrying out transport safety work, a test supervisor or police officer may require the employee to provide, as soon as practicable, a sample of the employee’s blood or urine in accordance with the directions of a medical practitioner who attends the employee at the hospital.
(1) This clause applies if a test supervisor or police officer is entitled under this Regulation to require a transport safety employee to provide a sample of the employee’s blood or urine. (2) The test supervisor or police officer may require the transport safety employee to provide the sample of urine in accordance with the directions of the test supervisor or police officer.
(1) A person by whom a sample of a transport safety employee’s urine is taken must collect the sample in accordance with section 2 of . AS/NZS 4308:2008 (2) The test supervisor or police officer who required the employee to provide the sample must arrange for the sample to be submitted for initial testing. (3) A sample submitted for initial testing or confirmatory analysis must be transported in accordance with section 2 of . AS/NZS 4308:2008
(1) An analyst to whom blood is submitted for analysis under this Division may carry out an analysis of the blood to determine the concentration of alcohol in the blood or whether the blood contains a drug.
(1) An authorised sample taker must not, when required under this Regulation to take a sample of blood or urine from a transport safety employee—
(a) refuse or fail to take the sample, or (b) fail to comply with the requirements of Division 2 in relation to a sample taken. Maximum penalty—10 penalty units.
(1) This clause applies to proceedings for an offence under clause 120. (2) Evidence may be given of the concentration of alcohol present in the breath or blood of the person charged, as determined by a breath analysing instrument operated by—
(a) a test supervisor, or (b) a police officer authorised by the Commissioner of Police to carry out a breath analysis.
(1) This clause applies to proceedings for an offence under clause 120. (2) Evidence may be given of the concentration of alcohol present in the blood of the person charged, as determined by an analysis under this Regulation of a portion of a sample of the person’s blood.
(1) This clause applies to proceedings for an offence under clause 121. (2) If a sample of the blood or urine of the person charged was taken within 4 hours after the time the person carried out transport safety work—
(a) evidence may be given of the presence of a drug, or a particular concentration of a drug, in the person’s blood or urine, as determined by an analysis under this Regulation of a portion of the sample, and (b) the drug, or the particular concentration of the drug, is taken to have been present at the time the person carried out the transport safety work. (3) Subclause (2)(b) does not apply if the person charged proves the absence of the drug, or the presence of the drug in a different concentration, at the time the person carried out the transport safety work.
(1) An operator must notify TfNSW, in the form approved by TfNSW, of any of the following events within 48 hours of becoming aware of the event happening—
(a) a confirmatory analysis confirming the presence of a drug in the urine of a transport safety employee, (b) a breath analysis confirming the presence of alcohol in the blood of a transport safety employee, (c) a transport safety employee who, when required to do so under this Regulation, fails to undergo a breath test or breath analysis or provide a sample of blood or urine, (d) an incident or suspected incident involving something being done in contravention of this Regulation to introduce, or alter the concentration of, a drug in a transport safety employee’s blood or urine before the employee submitted to a breath analysis or provided a sample of blood or urine, (e) in relation to a bus operator—an analysis of blood confirming the presence of a drug in the blood of a bus safety employee, (f) in relation to a ferry operator—an incident involving, or suspected of involving, the interference or tampering with or destruction of a sample of blood or urine. (2) Without limiting subclause (1), the approved form may require an operator to include a statement outlining any action taken or proposed to be taken in relation to the event.
(1) An operator or TfNSW may, by written instrument, authorise a person to be a test supervisor for the purposes of exercising functions under this Regulation. (2) An authorisation may specify—
(a) a person by name, or (b) the holder from time to time of an office, or (c) for an authorisation by TfNSW—a member of a specified class of persons.
(1) An authorised officer carrying out an inspection under Division 2 of Part 4C of the Act of a vehicle used for the purposes of a public passenger service may affix a label (a non-compliance label) to the vehicle if it appears to the authorised officer that the vehicle does not meet the requirements set out in clause 17.
(1) For the purposes of section 46W(1) of the Act, the following classes of persons are prescribed—
(a) (b) persons employed in the Transport Service, (c) (Not used) (d) (Not used) (d1) members of staff of Sydney Trains, (e) members of staff of RailCorp, (f) persons holding an examiner’s authority that is in force under statutory rules made under the , Road Transport Act 2013 (g) persons engaged by TfNSW under a contract for services, (h) persons engaged by Sydney Airport Corporation Limited to provide road traffic management services, (i) persons who are employed by, or are contractors of, any other operator of a public passenger service and who provide services for the purposes of that public passenger service.
(Clauses 82(3) and 114(4))