Transport (Passenger Vehicles) (Amendment) Regulations 1999

i Transport (Passenger Vehicles) (Amendment) Regulations 1999 S.R. No. 61/1999 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Principal Regulations 1 4. Amendments to definitions 2 5. School Buses 2 6. Inspection of vehicles 2 7. Maximum number of passengers 4 8. Child fares on regular passenger services 4 9. Ticket requirements on regular passenger services 5 10. Amendments to regulation concerning animals on vehicles 6 11. Behaviour in vehicles 6 12. New regulation 36 7 36. Exemption from requirement that vehicle be licensed if operating on a highway 7 ═══════════════ NOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 1999 S.R. No. 61/1999 Transport Act 1983 Transport (Passenger Vehicles) (Amendment) 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 1. Objective The objective of these Regulations is to amend the Principal Regulations consequential upon the enactment of the Public Transport Competition Act 1995. 2. Authorising provision These Regulations are made under section 162 of the Transport Act 1983. 3. Principal Regulations In these Regulations, the Transport (Passenger Vehicles) Regulations 19941 are called the Principal Regulations. -- 2 of 9 -- S.R. No. 61/1999 Transport (Passenger Vehicles) (Amendment) Regulations 1999 2 4. Amendments to definitions In regulation 4 of the Principal Regulations insert the following definitions— "accreditation" means accreditation to operate a service under Part 2 of the Public Transport Competition Act 1995; "accredited person" has the same meaning as in the Public Transport Competition Act 1995; "licensed tester" means a person who holds a tester's licence issued under Part 6 of the Road Safety (Vehicles) Regulations 19992 authorising the person to examine and test buses; "public passenger vehicle" has the same meaning as in the Public Transport Competition Act 1995; "regular passenger service" has the same meaning as in the Public Transport Competition Act 1995; "service contract" has the same meaning as in the Public Transport Competition Act 1995. 5. School Buses (1) In regulation 15(1) of the Principal Regulations after "The licence holder" insert ", accredited person,". (2) In regulation 15(3) of the Principal Regulations after "The licence holder" insert ", accredited person,". 6. Inspection of vehicles (1) After regulation 18(2) of the Principal Regulations insert— r. 4 -- 3 of 9 -- S.R. No. 61/1999 Transport (Passenger Vehicles) (Amendment) Regulations 1999 3 "(2A) The Secretary or a person approved by the Secretary may require an accredited person or vehicle driver to produce a public passenger vehicle operated by the accredited person for inspection by the Secretary or by a licensed tester. (2B) The accredited person, or vehicle driver, must produce the vehicle referred to in sub- regulation (2A) for inspection if required to do so. Penalty: 20 penalty units.". (2) After regulation 18(3) of the Principal Regulations insert— "(3A) If a public passenger vehicle does not comply with any condition of accreditation imposed under the Public Transport Competition Act 1995 or under any regulation made under that Act, the Secretary or a licensed tester may serve a notice on the accredited person, the owner of the vehicle or the driver of the vehicle requiring the matters set out in the notice to be rectified within the time specified in the notice.". (3) In regulation 18(4) of the Principal Regulations after "notice" insert "under sub-regulation (3) or (3A)". (4) In regulation 18(5) of the Principal Regulations after "A licence holder," insert "accredited person,". (5) After regulation 18(6) of the Principal Regulations insert— "(6A) Where inspection of a public passenger vehicle is required under sub-regulation (2A) or (3A), the Secretary may require the r. 6 -- 4 of 9 -- S.R. No. 61/1999 Transport (Passenger Vehicles) (Amendment) Regulations 1999 4 accredited person or owner of the vehicle to provide to the Secretary evidence that the accredited person or owner receives from the person who inspects the vehicle, in the manner and form specified by the Secretary, that the vehicle has been inspected and the result of that inspection.". (6) In regulation 18(7) of the Principal Regulations after "must" insert ", within 7 days of receiving it". (7) After regulation 18(7) of the Principal Regulations insert— "(7A) The accredited person or owner must, within 7 days of receiving it, provide the evidence of the inspection referred to in sub-regulation (6A) to the Secretary. Penalty: 5 penalty units.". 7. Maximum number of passengers (1) In regulation 21(1) of the Principal Regulations, after "in the vehicle licence" insert "or, in the case of a public passenger vehicle operated by an accredited person, the number of passengers specified by a licensed tester in respect of that type of vehicle". (2) In regulation 21(2)(b) of the Principal Regulations for "15" substitute "12". 8. Child fares on regular passenger services (1) In regulation 22(1) of the Principal Regulations after "public commercial passenger vehicle" insert "or a public passenger vehicle operated for the purpose of a regular passenger service". (2) For regulation 22(2) of the Principal Regulations substitute— r. 7 -- 5 of 9 -- S.R. No. 61/1999 Transport (Passenger Vehicles) (Amendment) Regulations 1999 5 "(2) A child over the age of 4 years and under 15 years of age is entitled to pay a fare— (a) on a public commercial passenger vehicle at the concession rates set out in the conditions of the licence or as approved or specified by the Secretary; or (b) on a public passenger vehicle operated for the purpose of a regular passenger service at the concession rates set out in the service contract applicable to the regular passenger service.". (3) In regulation 22(3) of the Principal Regulations after "public commercial passenger vehicle" insert "or a public passenger vehicle operated for the purpose of a regular passenger service". 9. Ticket requirements on regular passenger services (1) In regulation 23(3) of the Principal Regulations after "public commercial passenger vehicle" insert "or a public passenger vehicle operated for the purpose of a regular passenger service". (2) In regulation 23(4) of the Principal Regulations after "public commercial passenger vehicle" insert "or a public passenger vehicle operated for the purpose of a regular passenger service". (3) In regulation 23(5) of the Principal Regulations— (a) after "public commercial passenger vehicle" insert "or a public passenger vehicle operated for the purpose of a regular passenger service"; (b) after "the licence holder," insert "accredited person,". (4) In regulation 23(6) of the Principal Regulations after "public commercial passenger vehicle" r. 9 -- 6 of 9 -- S.R. No. 61/1999 Transport (Passenger Vehicles) (Amendment) Regulations 1999 6 insert "or on a public passenger vehicle operated for the purpose of a regular passenger service". (5) In regulation 23(7) of the Principal Regulations after "public commercial passenger vehicle" insert "or a public passenger vehicle operated for the purpose of a regular passenger service". 10. Amendments to regulation concerning animals on vehicles (1) In regulation 29(2) of the Principal Regulations after "public commercial passenger vehicle" insert "or a public passenger vehicle operated for the purpose of a regular passenger service". (2) In regulation 29(3) of the Principal Regulations after "public commercial passenger vehicle" insert "or a public passenger vehicle operated for the purpose of a regular passenger service". 11. Behaviour in vehicles (1) In regulation 33(1) of the Principal Regulations after "public commercial passenger vehicle" insert "or on a public passenger vehicle operated for the purpose of a regular passenger service". (2) In regulation 33(2) of the Principal Regulations after "public commercial passenger vehicle" insert "or on a public passenger vehicle operated for the purpose of a regular passenger service". (3) In regulation 33(3) of the Principal Regulations after "public commercial passenger vehicle" insert "or on a public passenger vehicle operated for the purpose of a regular passenger service". (4) In regulation 33(4) of the Principal Regulations after "public commercial passenger vehicle" insert "or on a public passenger vehicle operated for the purpose of a regular passenger service". r. 10 -- 7 of 9 -- S.R. No. 61/1999 Transport (Passenger Vehicles) (Amendment) Regulations 1999 7 12. New regulation 36 After regulation 35 of the Principal Regulations insert— "36. Exemption from requirement that vehicle be licensed if operating on a highway A commercial passenger vehicle, not being a taxi-cab within the meaning of section 86(1) of the Act, operated by an accredited person to provide services in accordance with the conditions of accreditation is exempt from section 139(1) of the Act.". ═══════════════ r. 12 -- 8 of 9 -- S.R. No. 61/1999 Transport (Passenger Vehicles) (Amendment) Regulations 1999 8 NOTES 1 Reg. 3: S.R. No. 93/1994. Reprint No. 2 as at 1 May 1999. 2 Reg. 4 def. of "licensed tester": S.R. No. 29/1999. Notes -- 9 of 9 --