Public Transport Competition Regulations 1999

i Public Transport Competition Regulations 1999 S.R. No. 60/1999 TABLE OF PROVISIONS Regulation Page PART 1—INTRODUCTION 1 1. Objective 1 2. Authorising provisions 1 3. Definitions 2 PART 2—PRELIMINARY MATTERS 3 4. "Bus"—Prescribed number of seating positions 3 5. Prescribed disqualifying offences 3 6. "Regular passenger service"—Prescribed classes of road transport passenger service 3 PART 3—ACCREDITATION OF ROAD TRANSPORT PASSENGER SERVICES 6 7. Application for accreditation—prescribed application fee 6 8. Application for accreditation—other things to accompany application 6 9. Prescribed conditions of accreditation 7 10. Annual Accreditation Fee 13 11. Duration of accreditation—prescribed period 13 12. Application for renewal of accreditation—other things to accompany application 13 13. Time for making renewal application 14 14. Duration of renewed accreditation—prescribed period 14 15. Procedures for surrender of accreditation 14 16. Temporary accreditation—Exemption 14 PART 4—REGULAR PASSENGER SERVICES 16 17. Variation, suspension or cancellation of service contracts— procedures 16 18. Exemption 16 __________________ -- 1 of 21 -- Regulation Page ii SCHEDULES 18 SCHEDULE 1—Fees 18 ═══════════════ NOTES 19 -- 2 of 21 -- 1 STATUTORY RULES 1999 S.R. No. 60/1999 Public Transport Competition Act 1995 Public Transport Competition Regulations 1999 The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations: Dated: 25 May 1999 Responsible Minister: ROBIN COOPER Minister for Transport SHANNON DELLAMARTA Acting Clerk of the Executive Council PART 1—INTRODUCTION 1. Objective The objective of these Regulations is to regulate— (a) the accreditation and operation of road transport passenger services; and (b) service contracts for the operation of regular passenger services— in a manner that is aimed at improving the operation of road based public transport. 2. Authorising provisions These Regulations are made under section 38 of the Public Transport Competition Act 1995. -- 3 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 2 3. Definitions In these Regulations "Act" means the Public Transport Competition Act 1995. _______________ r. 3 -- 4 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 3 PART 2—PRELIMINARY MATTERS 4. "Bus"—Prescribed number of seating positions For the purposes of the definition of "bus" in section 3(1) of the Act, the prescribed number of seating positions is 12, including the driver's seating position. 5. Prescribed disqualifying offences For the purposes of the definition of "disqualifying offence" in section 3(1) of the Act, the prescribed offences in respect of Part 2 of the Act are— (a) any offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for 3 months or more; (b) an offence under Subdivision (8A), (8B), (8C), (8D), (8E), (8EA), (9), (9A) or (13) of Division 1 of Part I of the Crimes Act 1958 or under any corresponding previous enactment or an attempt to commit any such offence or any assault with intent to commit any such offence; and (c) an offence against section 5, 13, 18(1) or 25 of the Act. 6. "Regular passenger service"—Prescribed classes of road transport passenger service (1) For the purposes of the definition of "regular passenger service" in section 3(1) of the Act, a road transport passenger service offered to the general public for travel within a specified area on a regular basis along a route which varies in accordance with the demand of intending passengers within the specified area and for which r. 4 -- 5 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 4 passengers are each charged a separate fare is a prescribed class of road transport passenger service. (2) For the purposes of the definition of "regular passenger service" in section 3(1) of the Act, the classes of road transport passenger service which are excluded from the ambit of the definition are— (a) a service operated by or on behalf of— (i) the Department of Education (other than a service operated under a contract with the Secretary); or (ii) a school or tertiary institution including a parent group associated with the school; or (iii) a church or other form of religious organisation— to carry students to or from a school, tertiary institution or religious organisation; (b) a service operated by a person under contract with an accredited person who has entered into a service contract with the Secretary under section 26(2) of the Act, if the service contract authorises the operation of that road transport passenger service; (c) a service operated by or on behalf of a Council within the meaning of section 3(1) of the Local Government Act 1989 in respect of which passengers are not charged a fare; (d) a service operated by or on behalf of a religious, educational, charitable or philanthropic body or by or on behalf of a Council within the meaning of section 3(1) of the Local Government Act 1989, in r. 6 -- 6 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 5 respect of which passengers are charged a fare, if the Secretary is of the opinion that the service does not conflict or is not likely to conflict with an exclusive right conferred by a service contract under section 28(2) of the Act; (e) a service operated for the carriage of persons to 2 or more destinations within a tourist attraction; and (f) a service operated for the carriage of tourists on a journey the predominant purpose of which is for sightseeing along the route. (3) For the purposes of sub-paragraph (e) of regulation 6(2) the Secretary, by notice published in the Government Gazette, may declare a specified area or place to be a tourist attraction. _______________ r. 6 -- 7 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 6 PART 3—ACCREDITATION OF ROAD TRANSPORT PASSENGER SERVICES 7. Application for accreditation—prescribed application fee For the purposes of section 7(2)(c)(i) of the Act, the prescribed application fee is the amount set out in item 1 of Schedule 1. 8. Application for accreditation—other things to accompany application (1) For the purposes of section 7(2)(c)(ii) of the Act, the prescribed things that must accompany the application are documentary evidence of the applicant's competence and capacity, by virtue of training or experience, to operate a road transport passenger service and to meet the relevant safety standards concerning the management of a service of the kind to which the accreditation sought relates and— (a) documentary evidence that the applicant is accredited in another State or Territory to operate a similar type of service; or (b) documentary evidence that the applicant has undertaken and successfully completed a transport management course approved by the Secretary. (2) Despite sub-regulation (1), where an applicant seeks temporary accreditation for the purposes of section 7(2)(c)(ii) of the Act, the prescribed things that must accompany the application are documentary evidence of the applicant's competence and capacity, by virtue of training or experience, to operate a road transport passenger service and to meet the relevant safety standards r. 7 -- 8 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 7 concerning the management of a service of the kind to which the accreditation sought relates. 9. Prescribed conditions of accreditation For the purposes of section 10(1)(b) of the Act, the prescribed conditions of accreditation are— (a) an accredited person— (i) must not deface or alter a document issued by the Secretary evidencing the giving of accreditation; (ii) must not part with possession of the document referred to in sub-paragraph (i) except as required under these Regulations or the Act; (iii) must within 14 days deliver the document referred to in sub-paragraph (i) to the Secretary— (A) if the document is defaced or altered; (B) if there is a change in the accuracy of a particular specified in the document; (C) on receiving notice of the suspension or cancellation of the accreditation; (D) on being required by the Secretary by notice in writing to deliver the document to the Secretary; (E) when the person ceases to be accredited; (iv) if the Secretary is satisfied that the original document referred to in sub- paragraph (i) has been lost, destroyed or damaged and that a duplicate r. 9 -- 9 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 8 document should be issued, must pay the fee determined by the Secretary under section 34 of the Act for the issue of a duplicate document; (b) an accredited person must retain all books and records required to demonstrate compliance with the conditions of accreditation for a period of 2 years unless the Secretary notifies the accredited person that some or all records may be retained for a specified lesser period; (c) an accredited person must keep the books and records at an address approved by the Secretary; (d) an accredited person must ensure that the books and records are kept in the English language; (e) an accredited person must make the books and records available for inspection upon demand to the Secretary or a person authorised by the Secretary; (f) an accredited person must within a reasonable time, if asked by the Secretary or a person authorised by the Secretary, give the Secretary or the person authorised by the Secretary an accurate copy of any of the books or records; (g) an accredited person must permit and assist persons authorised by the Secretary, to audit and inspect the books and records of the accredited person, if the Secretary determines that an audit should be performed for the purpose of determining whether all or some of the conditions of accreditation are being complied with; r. 9 -- 10 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 9 (h) an accredited person must pay the reasonable costs incurred by the Secretary in the performance of an audit referred to in paragraph (g), if the Secretary decided that the audit should be conducted— (i) following an accident involving a public passenger vehicle operated by the accredited person; or (ii) after receiving complaints or information about the services of that accredited person— and the Secretary is satisfied that the audit shows that the person was negligent or otherwise at fault in the course of operating the road transport passenger service; (i) an accredited person must, when requested to do so by the Secretary, provide a report in the form and manner requested by the Secretary, about any aspect of the operation of a road transport passenger service relevant to the conditions of accreditation imposed by or under the Act; (j) a person accredited to operate a road transport passenger service for the purpose of the carriage of tourists to a common destination on a regular basis must ensure that adequate information on the services provided is readily available to intending passengers; (k) a person accredited to operate a regular passenger service must only sell tickets to a passenger on a public passenger vehicle that are of a type authorised by the Secretary or which are issued in accordance with a service contract; r. 9 -- 11 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 10 (l) a person accredited to operate a regular passenger service must ensure that any ticket sold or issued— (i) shows sufficient information to enable the validity of the ticket to be determined; and (ii) is numbered; and (iii) has a notice printed on it stating that it must be produced on demand or another fare has to be paid and that it is not transferable; and (iv) has any details required by this condition clearly printed on it; (m) an accredited person must establish and maintain a management information system in the manner and form approved by the Secretary consisting of— (i) a driver monitoring program that must include a record of complaints against drivers of public passenger vehicles operated by the accredited person, action taken by the accredited person regarding counselling, discipline and response to complainants and known infringements against the Act, the Road Safety Act 1986, the Transport Act 1983 and any regulations made under those Acts; (ii) a fleet register that must include a list of all public passenger vehicles operated by the accredited person, the carrying capacity of each vehicle and the registration details of each vehicle; (iii) an accident register recording all accidents in which public passenger r. 9 -- 12 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 11 vehicles operated by the accredited person are involved; (iv) an emergency management plan that must include plans and procedures for drivers of public passenger vehicles operated by the accredited person involved in an accident or subject to dangerous conditions and actions that drivers must undertake in the event of an accident or an emergency; (v) a mobility enhancement strategy that must include plans to make public passenger vehicles operated by the accredited person accessible for disabled customers in accordance with any applicable national standards established under the Disability Discrimination Act 1992 of the Commonwealth; (vi) a public complaints register that must include a record of all complaints received by the accredited person that are not included in sub-paragraph (i) and action taken by the accredited person in response to complainants; (n) an accredited person must have measures in place to ensure that drivers of public passenger vehicles operated by the person are made aware that they are required to comply with section 59(1)(c) of the Road Safety Act 1986 and Part 5 of the Road Safety (Drivers) Regulations 19991 and must be able to demonstrate to the satisfaction of the Secretary that they have appropriate procedures in place to monitor and record such compliance; r. 9 -- 13 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 12 (o) an accredited person must ensure that all public passenger vehicles operated by the person are in a safe operating condition at all times, having regard to the Road Safety Act 1986, the Transport Act 1983, and any regulations made under those Acts, and the specifications and service standards recommended by the vehicle manufacturer in respect of the vehicle; (p) an accredited person must establish and maintain a maintenance management system for all public passenger vehicles operated by the person in the form and manner approved by the Secretary; (q) an accredited person must ensure that any public passenger vehicle operated by the person has undertaken and passed an inspection by an independent person who holds a testers licence issued under Part 6 of the Road Safety (Vehicles) Regulations 1999 2 authorising the person to examine and test buses, within the previous 12 months; (r) an accredited person must display an accreditation number in the manner and form approved by the Secretary; (s) an accredited person must not deliberately misrepresent to an intending hirer the quality and comfort afforded by any public passenger vehicle available for hire; (t) a person accredited to operate a road transport passenger service, in which passengers pre-book the service, must ensure that all services booked are provided, or give reasonable notice to all intending passengers of any trip not operated; r. 9 -- 14 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 13 (u) an accredited person must ensure that a "no smoking sign" is displayed in public passenger vehicles operated by the person. 10. Annual Accreditation Fee For the purposes of section 10(1B) of the Act, it is a condition of accreditation that an accredited person must pay to the Secretary the annual accreditation fee that applies to the service as set out in item 2 of Schedule 1— (a) in the first year in which an accreditation has been given by the Secretary in respect of the service, within 7 days after the Secretary gave the accreditation; and (b) in each subsequent year, within 7 days after the anniversary of the date of the giving of the accreditation. 11. Duration of accreditation—prescribed period For the purposes of section 12(1) of the Act, the prescribed period for which an accreditation to operate a service remains in force is 5 years. 12. Application for renewal of accreditation—other things to accompany application For the purposes of section 15(3)(b)(ii) of the Act, the prescribed things that must accompany the application are documentary evidence of the applicant's competence and capacity, by virtue of training or experience, to operate a road transport passenger service and to meet the relevant safety standards concerning the management of a service of the kind to which the accreditation sought relates and— (a) documentary evidence that the applicant is accredited in another State or Territory to operate a similar type of service; or r. 10 -- 15 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 14 (b) documentary evidence that the applicant has undertaken and successfully completed a transport management course approved by the Secretary. 13. Time for making renewal application For the purposes of section 15(4) of the Act, the prescribed number of days is 30. 14. Duration of renewed accreditation—prescribed period For the purposes of section 16(4) of the Act, the prescribed period for which a renewed accreditation to operate a road transport passenger service remains in force is 5 years. 15. Procedures for surrender of accreditation For the purposes of section 17(3) of the Act, the procedures that apply to the surrender of an accreditation are— (a) if an accredited person ceases to operate a road transport passenger service, the accredited person must immediately notify the Secretary; (b) upon receipt of the notification the Secretary may determine that the accreditation has been surrendered; (c) the accredited person must return any certificate of accreditation or duplicate certificate issued by the Secretary to evidence accreditation, to the Secretary within 7 days after ceasing to operate the service. 16. Temporary accreditation—Exemption If the Secretary gives a temporary accreditation for a period of less than 12 months under section 12(2) of the Act, the person temporarily accredited is exempt from those conditions of r. 13 -- 16 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 15 accreditation prescribed by regulations 9(h), 9(j), 9(k), 9(l), 9(s), or 9(t), or sub-paragraph (v) of regulation 9(m) that the Secretary determines the person should not be obliged to comply with for the period that the Secretary determines is appropriate. _______________ r. 16 -- 17 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 16 PART 4—REGULAR PASSENGER SERVICES 17. Variation, suspension or cancellation of service contracts—procedures If the Secretary intends to vary, suspend or cancel a service contract in accordance with section 30 of the Act, the Secretary must serve a notice on the holder of the service contract setting out in the notice— (a) whether the contract is varied, suspended or cancelled; and (b) if the contract is varied, the details of the variation; and (c) if the contract is suspended or cancelled, the reason for the suspension or cancellation; and (d) if the contract is suspended, the period of the suspension; and (e) the time or date from which the variation, suspension or cancellation takes effect. 18. Exemption A person who— (a) operates a regular passenger service; and (b) sub-contracts some or all of the operation of the service to another person who is accredited to operate a regular passenger service— is exempt from those conditions of accreditation prescribed in regulations 9(h), 9(j), 9(k), 9(l), 9(m), 9(n), 9(o), 9(p), 9(s), or 9(t) that the Secretary determines the person should not be obliged to comply with for the period that the Secretary determines is appropriate. r. 17 -- 18 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 17 __________________ -- 19 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 18 SCHEDULES SCHEDULE 1 FEES 1. Application Fee (regulation 7) The fee to accompany an application for accreditation—$400.00 2. Annual Accreditation Fee (regulation 10) The annual accreditation fee is calculated in accordance with the following formula— Annual Accreditation Fee = $55 (B 1) + $200 - × where B is the number of buses proposed to be operated or operated by the service. ═══════════════ Sch. 1 -- 20 of 21 -- S.R. No. 60/1999 Public Transport Competition Regulations 1999 19 NOTES 1 Reg. 9(n): S.R. No. 26/1999. 2 Reg. 9(q): S.R. No. 29/1999. Notes -- 21 of 21 --