Division 1Bus
operators
5ACriteria to be met by
applicants for accreditation to carry on bus services
(1)
An applicant for accreditation under Division 1
of Part 2 of the Act to carry on a bus service must meet, to the satisfaction
of the Director-General, the criteria set forth in this
clause.
(2)
If the applicant is a corporation, the directors
or managers of the corporation who are nominated as designated directors or
managers under section 8 of the Act must meet, to the satisfaction of the
Director-General, the criteria set forth in this clause (other than the
criteria specifically to be met by corporation
applicants).
(3)Applicant to be of good
repute
The applicant must be of good repute. Evidence of
the applicant’s good repute is to be provided in the form of references
from 2 persons (being persons of any class approved by the Director-General)
who have known the applicant for at least 2 years.
(4)Applicant to be fit and proper
person to carry on bus services
The applicant must be a fit and proper person to
carry on a bus service. The applicant must declare in writing that the
applicant is aware of the following:
(a)
accreditation will be refused if the applicant is
disqualified, under Part 2D.6 (Disqualification from managing corporations) of
the Corporations Act, from managing corporations,
(b)
accreditation may be refused if the applicant (or
a director or manager of an applicant corporation) has been the subject of
proceedings under section 588G (Director’s duty to prevent insolvent
trading by company) or 592 (Incurring of certain debts; fraudulent conduct) of
the Corporations Act,
(c)
if the applicant:
(i)
is the director of a company that has been, or is
in the course of being, wound up under Part 5.4 (Winding up in insolvency) of
the Corporations Act, or
(ii)
discloses any convictions or charges in
accordance with subclause (5),
the Director-General may, for the purpose of determining
the applicant’s fitness to be an accredited bus operator, cause any
investigation that the Director-General considers appropriate to be made into
the winding up, conviction or charge concerned.
(5)
The applicant must give the Director-General
written notice of the following:
(a)
full details of all offences of which the
applicant has been convicted (in any jurisdiction) at any time during the 5
years immediately preceding the date of the application,
(b)
full details of all alleged offences with which
the applicant has been charged (in any jurisdiction) but only if, as at the
date of the application, proceedings are pending in respect of the
charge.
(6)
If there are no convictions or pending
proceedings against the applicant (as referred to in subclause (5)), the
applicant must give the Director-General a written statement to that
effect.
(7)Applicant to be competent to
carry on bus services
The applicant must demonstrate that the applicant
has the necessary knowledge and competence to carry on a bus service. In
particular, the applicant must:
(a)
satisfy the Director-General as to the
applicant’s knowledge of the following:
(i)
the relevant provisions of the Act and this
Regulation,
(ii)
other laws relating to
traffic,
(iii)
the relevant provisions of the Occupational Health and Safety Act 2000,
and
(b)
undertake and successfully complete (or pass an
examination in respect of) such course relating to the operation of bus
services as is approved by the Director-General and conducted by a person or
body so approved.
(8)Applicant to be financially
capable of carrying on bus services
The applicant must be financially capable of
carrying on a bus service. Evidence of the applicant’s financial
standing is to be provided in the form of a signed statement from a qualified
accountant (on the accountant’s business letterhead) containing the
following:
(a)
a report on the applicant’s financial
capacity to carry on bus services, with specific reference to the
applicant’s financial ability to meet the requirements of this
Regulation and other relevant laws as to:
(i)
vehicle maintenance and roadworthiness,
and
(ii)
the safety of drivers, passengers and the public,
and
(iii)
the operation of a
business,
(b)
a statement specifying the number of buses that,
in the opinion of the accountant, can be accommodated by the bus services
proposed to be carried on by the applicant,
(c)
if the applicant is a corporation—a
statement of the accountant’s opinion as to the solvency and general
financial standing of the corporation.
(9)Applicant to have access to
maintenance facilities for buses
The applicant must have access to adequate
maintenance facilities for the vehicles intended to be used to provide the bus
service. The applicant must provide the Director-General with the
following:
(a)
details of the premises at which the buses will
normally be kept when not in use,
(b)
details of the premises to be used for the
maintenance and repair of the vehicles,
(c)
a copy of an approval from the relevant council
to carry out each of the activities referred to in paragraphs (a) and (b) at
the premises concerned.
(10)
Subclause 9 (c) does not apply in the case of an
application for renewal of accreditation by a person who is an accredited
operator on the commencement of this clause.
(11)
In this clause:
qualified
accountant means:
(a)
a Certified Practising Accountant member of CPA
Australia, New South Wales Division, or
(b)
a member of the Institute of Chartered
Accountants in Australia, New South Wales Branch, who holds a Certificate of
Public Practice issued by that Institute, or
(c)
a member of the National Institute of Accountants
who holds a Public Practice Certificate issued by that
Institute.
cll 5A: Ins 2005
(237), Sch 1 [2].
5BConditions of accreditation to
carry on bus services
(1)
The conditions set forth in this clause are
prescribed for the purposes of section 9B (1) (a) of the Act (that is, they
are conditions to which an accreditation to carry on bus services is
subject).
(2)Vehicle registration and road
worthiness
The operator of a bus service must ensure that
the vehicles used to provide the bus service at all times meet the
requirements of the law as to registration and vehicle safety and
roadworthiness.
(3)Vehicle
insurance
The operator of a bus service must (unless
otherwise advised by written notice of the Director-General) maintain a policy
of insurance providing cover of at least $5,000,000 for each bus used in the
service against liability in respect of damage to property caused by or
arising out of the use of the bus.
(4)
The policy of insurance must be issued by a
corporation authorised under the Insurance Act
1973 of the Commonwealth to carry on insurance
business.
(5)Vehicle
maintenance
The operator of a bus service must not carry out
maintenance on, or repairs to, a bus, and must not permit any other person to
do so, unless the person carrying out the maintenance or repairs is licensed
under the Motor Vehicle Repairs Act
1980 to carry out the work
concerned.
(6)
Subclause (5) applies even if the person who is
to carry out the work concerned is exempted under section 5 of the Motor Vehicle Repairs Act 1980 from the
operation of all or any of the provisions of that Act.
(7)
The operator of a bus service must have, and
adhere to, a vehicle maintenance plan that:
(a)
is consistent with the bus manufacturer’s
maintenance standards, and
(b)
specifies the steps to be taken to ensure that
the buses are roadworthy, and
(c)
specifies the way in which the buses are to be
maintained, and
(d)
specifies the way in which defects are to be
recorded and rectified, and
(e)
is capable of being
audited.
(8)Cleaning of
buses
The operator of a bus service must maintain a
cleaning program so as to ensure that the interior, exterior and fittings
(including seats, seat covers and floor covers and any device that is required
by or under the Act to be fitted to the bus) of the bus are clean, undamaged
and in good condition.
(9)Changes to information
provided
The operator of a bus service must notify the
Director-General in writing of any of the following changes within the time
specified in relation to the change:
(a)
a change of address of the premises from which
the bus service is carried on—no later than 7 days after the
change,
(b)
a change of address of the premises at which the
buses are kept—no later than 7 days after the
change.
(10)Management of day-to-day
operation of bus services provided by corporation
If the operator of a bus service is a
corporation, it must not suffer or permit any person other than a designated
director or manager to have management of the day-to-day operations of the bus
services provided by the corporation (except for a person appointed, under any
law, to manage the affairs of the corporation).
cll 5B: Ins 2005
(237), Sch 1 [2].
6Buses to show accreditation
details
(1)
The operator of a bus service must ensure that
each bus used in the service displays, in accordance with this clause, the
information required by this clause.
Maximum penalty: 10 penalty
units.
(2)
The bus must display the following
information:
(a)
the name under which the accreditation for the
bus service in which the bus is normally used is held,
(b)
the accreditation number allocated by the
Director-General to the operator in respect of that bus
service,
(c)
the location of the depot at which the bus is
normally based.
(3)
The information must be displayed as
follows:
(a)
on the front nearside or offside panel of the
bus,
(b)
as far forward as possible (forward of the wheel
arch, if possible),
(c)
in block letters at least 50 millimetres
high,
(d)
in such a manner as to be clearly readable from a
distance of 5 metres.
7Equipment and condition of
buses
(1)
The operator of a bus service must ensure that
each bus used in the service is fitted with a device suitable for holding the
driver’s authority card in such a manner as to enable the driver to
display the card as required by clause 13 (1).
Maximum penalty: 5 penalty
units.
(2)
The operator of a bus service must not allow a
bus to be used in the service unless the bus is clean and tidy.
Maximum penalty: 10 penalty
units.
8Timetables
(1)
The operator of a long-distance bus service must
ensure that the timetable for the service can reasonably be met without any
need for buses to break any relevant speed limits.
(2)
The operator of a long-distance bus service must,
on request by the Director-General, provide a copy of the timetable for the
service so that the timetable may be checked to ensure that it complies with
this clause.
Maximum penalty: 10 penalty
units.
9
cl 9: Rep 2004 No 54,
Sch 2.2 [1].
10Driving of
buses
The operator of a bus service must not permit a
person to drive any bus in the course of providing the service unless
satisfied that the person is the holder of:
(a)
an appropriate authority, and
(b)
an appropriate licence under the Road Transport (Driver Licensing) Act
1998.
Maximum penalty: 10 penalty
units.
cl 10: Subst 2005
(237), Sch 1 [3].
11Records in relation to the
operation of a bus service
(1)
The operator of a bus service must keep a written
record of the following particulars for each person who drives a bus in
connection with the service:
(a)
the person’s full name and residential
address,
(b)
the dates and times during which the bus was
driven by the person,
(c)
the person’s driver licence details,
including its number and expiry date,
(d)
the person’s driver’s authority
number (that is, the number allocated by the Director-General and displayed on
the front of the person’s driver’s authority
card).
Maximum penalty: 10 penalty
units.
(2)
A person who is or has been the operator of a bus
service:
(a)
must keep in the English language any record
required to be kept by the person under the Act or this Regulation,
and
(b)
except where otherwise provided, must retain the
record for a period of not less than 5 years after the date of the last entry
in it, and
(c)
must, on demand by an authorised officer, produce
the record for inspection, and
(d)
must, if required by the Director-General in
writing to do so, deliver the record to the Director-General when
required.
Maximum penalty: 10 penalty
units.
(3)
The records kept under this clause must be
capable of being audited.
Maximum penalty: 10 penalty
units.
(4)
Subclause (2) (a) does not prevent a person from
keeping a record referred to in that paragraph in a language other than
English if the record is also kept in the English
language.
cl 11: Subst 2005
(237), Sch 1 [4].
12Third party property
insurance
(1)
The operator of a bus must (unless otherwise
advised by written notice of the Director-General) maintain a policy of
insurance issued by an authorised insurer providing cover of at least $200,000
against liability in respect of damage to property caused by or arising out of
the use of the bus.
Maximum penalty: 10 penalty
units.
(2)
In this clause, authorised insurer means a
corporation authorised under the Insurance Act
1973 of the Commonwealth to carry on insurance
business.
12AOperator must notify test
results
(1)
It is a condition of accreditation of the
operator of a bus service that the operator notify the Director-General in
accordance with this clause within forty-eight hours after becoming aware that
a test carried out under the Passenger
Transport (Drug and Alcohol Testing) Regulation 2004
indicates that a transport safety employee of the operator may have carried
out transport safety work while:
(a)
the prescribed concentration of alcohol (within
the meaning of that Regulation) was present in the employee’s blood,
or
(b)
under the influence of alcohol or any other
drug.
(2)
The notice must be in writing and must contain
the particulars (if any) required by the
Director-General.
cl 12A: Ins
27.2.2004. Am 2005 (237), Sch 1 [5].
12BManagement information
system
(1)
The operator of a bus service must maintain the
following records:
(a)
a fleet register that includes the vehicle
identification number, fleet number (if allocated) and registration details of
each vehicle in the fleet,
(b)
a register of insurance details for each vehicle
in the fleet,
(c)
maintenance records for each vehicle in the
fleet,
(d)
records under the Roads and Traffic
Authority’s Heavy Vehicle Inspection Scheme in relation to each vehicle
in the fleet,
(e)
copies of drivers’ vehicle defect
reports,
Note—
See clause 12C for the requirement for these
reports.
(f)
a register of reports of accidents involving
vehicles in the fleet,
(g)
details of accidents involving vehicles in the
fleet,
(h)
a complaints register detailing all complaints
received in respect of the bus service and the action taken in respect of each
complaint.
Maximum penalty: 5 penalty
units.
(2)
The records kept under this clause must be
capable of being audited.
Maximum penalty: 5 penalty
units.
(3)
In this clause:
vehicle
identification number, in relation to a motor vehicle, means
the number allocated to the vehicle in accordance with the requirements of the
Australian Design Rules under the Motor Vehicle Standards Act
1989 of the Commonwealth.
cll 12B–12N:
Ins 2005 (237), Sch 1 [6].
12CVehicle defect
reports
(1)
The operator of a bus service must make available
in respect of each bus in the fleet a blank vehicle defect form for each day
that the bus is used in the provision of the service.
Maximum penalty: 5 penalty
units.
(2)
Each driver of the bus must fill in the form as
appropriate at the end of the driver’s period of driving the
bus.
Maximum penalty: 5 penalty
units.
(3)
The completed form must be returned to the
operator of the bus service, in accordance with the relevant procedures
established by that operator, as soon as practicable after the bus’s
last journey on the day to which the form relates (or, in the case of a
service that extends beyond midnight on any day, on the following
day).
cll 12B–12N:
Ins 2005 (237), Sch 1 [6].
12DSecurity
cameras
(1)
An operator of a bus service who carries on a
regular passenger service partly or wholly within the Metropolitan, Newcastle
or Wollongong transport district or within the City of Gosford or the Wyong
local government area must ensure that each bus in the fleet is fitted with an
approved security camera system by 1 July 2006.
Maximum penalty: 10 penalty
units.
(2)
A person must not deliberately:
(a)
interfere with any part of an approved security
camera system fitted to a bus, or
(b)
cause or permit any such
interference,
in such a manner as to prevent or impede the proper
working of the system.
Maximum penalty: 10 penalty
units.
(3)
Schedule 1 has effect in relation to any security
camera system with which a bus is fitted (whether or not pursuant to this
clause).
(4)
Nothing in this clause prevents any authorised
officer or other person authorised by the Director-General for the purpose of
this clause from carrying out an inspection, check or other test of, or
performing any proper function in relation to, a security camera
system.
cll 12B–12N:
Ins 2005 (237), Sch 1 [6].
12EDuress alarm
system
(1)
An operator of a bus service who carries on a
regular passenger service partly or wholly within the Metropolitan, Newcastle
or Wollongong transport district or within the City of Gosford or the Wyong
local government area must ensure that each bus in the fleet is fitted with an
approved duress alarm system by 1 July 2006.
Maximum penalty: 10 penalty
units.
(2)
A person must not deliberately:
(a)
interfere with any part of an approved duress
alarm system fitted to a bus, or
(b)
cause or permit any such
interference,
in such a manner as to prevent or impede the proper
working of the system.
Maximum penalty: 10 penalty
units.
(3)
Nothing in this clause prevents any authorised
officer or other person authorised by the Director-General for the purpose of
this clause from carrying out an inspection, check or other test of, or
performing any proper function in relation to, a duress alarm
system.
(4)
In this clause:
duress
alarm system means an alarm by which the driver of a bus can
notify the driver’s whereabouts to the depot at which the bus is
normally based from anywhere in the bus’s area of
operation.
cll 12B–12N:
Ins 2005 (237), Sch 1 [6].
12FManifest of
passengers
(1)
The operator of a long-distance, tourist or
charter service that is provided by means of buses must provide to the driver
of each bus concerned, for each day that the bus is used to provide the
service, a manifest of passengers that complies with this
clause.
Maximum penalty: 5 penalty
units.
(2)
The manifest must contain the following
information in respect of each passenger:
(a)
the passenger’s name,
(b)
contact details (such as an address and telephone
number) for the passenger,
(c)
the date and time that the passenger is due to
board the bus,
(d)
the seat number (if any) allocated to the
passenger.
(3)
The driver of the bus must return the manifest to
the operator as soon as practicable after the completion of the relevant
journey.
Maximum penalty: 5 penalty
units.
(4)
The operator of the service must retain each
manifest for a period of 60 days after the completion of the journey
concerned.
Maximum penalty: 5 penalty
units.
cll 12B–12N:
Ins 2005 (237), Sch 1 [6].
12GOperator
training
(1)
An accredited bus operator must, whenever
reasonably required to do so by the Director-General, undertake and
satisfactorily complete (or pass an examination in respect of) such course, or
refresher course, relating to the operation of bus services as is approved by
the Director-General and conducted by a person or body so
approved.
Maximum penalty: 5 penalty
units.
(2)
The Director-General may:
(a)
suspend an accreditation issued to an accredited
bus operator pending the satisfactory completion of (or the passing of an
examination in respect of) such a course, or
(b)
determine (either generally or in a particular
case) that an accreditation issued to an accredited bus operator will be
renewed only on the satisfactory completion of (or on the passing of an
examination in respect of) such a course.
cll 12B–12N:
Ins 2005 (237), Sch 1 [6].
12HInformation in
buses
(1)
The operator of a bus service must ensure that
information is displayed inside the bus in accordance with this clause while
the bus is being used to provide the service.
Maximum penalty: 5 penalty
units.
(2)
The following information must be
displayed:
(a)
a summary of the rights and obligations of
passengers,
(b)
brief details (including a telephone number) as
to how complaints relating to the bus services might be
made.
(3)
The information:
(a)
must be approved by the Director-General,
and
(b)
must be displayed in a position where it may
easily be read by passengers.
cll 12B–12N:
Ins 2005 (237), Sch 1 [6].
12IDestination signs on
buses
(1)
The operator of a bus service must not use a bus
to conduct a regular passenger service unless the bus displays a destination
sign in accordance with this clause.
Maximum penalty: 5 penalty
units.
(2)
The sign:
(a)
must be displayed on the front of the bus,
and
(b)
must show the route number and the destination of
the bus, and
(c)
must be capable of being
illuminated.
cll 12B–12N:
Ins 2005 (237), Sch 1 [6].
12JNotification of accidents and
incidents
(1)
An operator of a bus service who becomes aware
that a vehicle being used to provide the service has been involved in an
accident or incident must notify the Director-General (or a nominee of the
Director-General) of the accident or incident, in accordance with this clause,
if the accident or incident:
(a)
resulted in any injury to any person,
or
(b)
prevented the vehicle from continuing its
journey, or
(c)
is, in the reasonable opinion of the operator of
the service, otherwise likely to arouse serious public
concern.
Maximum penalty: 5 penalty
units.
(2)
A notification required by this clause:
(a)
must be given as soon as practicable after the
operator becomes aware of the accident or incident concerned,
and
(b)
must contain reasonable details of the accident
or incident.
cll 12B–12N:
Ins 2005 (237), Sch 1 [6].
12KSeat belts in
buses
(1)
The operator of a bus service must take
reasonable steps to ensure that every passenger on a bus operated by the
operator is made aware that the passenger is required to wear a seatbelt (if
fitted) in the bus unless the passenger is exempt from that requirement under
rule 267 of the Australian Road
Rules.
Maximum penalty: 10 penalty
units.
(2)
Steps that may be taken under subclause (1)
include (but are not limited to) the following:
(a)
putting up signs inside the
bus,
(b)
arranging for the driver of the bus to notify
passengers (for example, through a public address system on the bus or by
means of a recorded audio message or video).
cll 12B–12N:
Ins 2005 (237), Sch 1 [6].
12LAudit
(1)
The Director-General may require an operator of a
bus service, at regular intervals or at any particular time, to undertake (at
the operator’s expense) an audit of such of the operator’s records
and bus operations as the Director-General may specify.
(2)
An operator of whom a requirement is made under
subclause (1):
(a)
must cause the audit to be carried out in
accordance with the Director-General’s requirements,
and
(b)
must submit the audit to the Director-General
within the period, or by the date, specified by the
Director-General.
Maximum penalty: 5 penalty
units.
(3)
The Director-General may require any one or more
of the audits under this clause to be carried out by an auditor, or by an
auditor from a class, approved by the Director-General.
cll 12B–12N:
Ins 2005 (237), Sch 1 [6].
12MLost
property
The operator of a bus service must develop and
implement responsible procedures, capable of being audited, for dealing with
any article found in, or handed in by passengers on, a bus, including (but not
limited to) procedures involving:
(a)
the keeping of registers of the following:
(i)
articles found or handed in,
(ii)
enquiries as to lost property,
and
(b)
the keeping of written records of when and how
articles found or handed in are returned or disposed
of.
Maximum penalty: 5 penalty
units.
cll 12B–12N:
Ins 2005 (237), Sch 1 [6].
12NRenewal of
accreditation
(1)
For avoidance of doubt, the accreditation under
Division 1 of Part 2 of the Act of an operator of a bus service can be renewed
only if the renewal fee referred to in section 9A (1) of the Act is paid
before the end of the period during which the accreditation is in
force.
(2)
This clause is subject to clause 12O in respect
of an existing accreditation (within the meaning of that clause) of an
operator of a bus service.
cll 12B–12N:
Ins 2005 (237), Sch 1 [6].
12OExisting
accreditations
(1)
For the purposes of clause 8 of Schedule 3 to the
Act, the date prescribed in respect of an existing accreditation of an
operator of a bus service is as set out in this subclause and subclause
(2):
(a)
the prescribed date in relation to a holder of an
existing accreditation who applied for renewal of the accreditation, and paid
the renewal fee, on or after 1 January 2006 but before 1 April 2006 is 30 June
2006, and
(b)
the prescribed date in relation to a holder of an
existing accreditation who applies for renewal of the accreditation, and pays
the renewal fee, on or after 1 April 2006 but before 1 January 2007 is 31
March 2007.
(2)
The prescribed date in relation to a holder of an
existing accreditation who does not apply for renewal of the accreditation, or
pay the renewal fee, as set out in subclause (1), is 31 March
2007.
(3)
The holder of an existing accreditation referred
to in subclause (2) is not eligible to apply for renewal of the accreditation
concerned, but may apply for a new accreditation.
(4)
In this clause:
existing
accreditation means an accreditation referred to in clause 8
of Schedule 3 to the Act.
renewal
fee means the fee referred to in section 9A of the
Act.
cl 12O: Ins 2005
(237), Sch 1 [6]. Am 2006 (293), Sch 1 [1] [2].