Courtesy Vehicle Regulations 2003 (NT)

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NORTHERN TERRITORY OF AUSTRALIA

Courtesy Vehicle regulations 2003

As in force at 25 May 2022

Table of provisions northern territory of australia

northern territory of australia

As in force at 25 May 2022

Courtesy Vehicle regulations 2003

Regulations under the Commercial Passenger (Road) Transport Act 1991

1Citation

These Regulations may be cited as the Courtesy Vehicle Regulations 2003.

2Commencement

These Regulations come into operation on the commencement of Part 5B of the Commercial Passenger (Road) Transport Act 1991.

3Definitions

In these Regulations, unless the contrary intention appears:

driver means the person driving or in charge of a courtesy vehicle.

hiring, of a courtesy vehicle, means the use of the courtesy vehicle to carry passengers for hire or reward.

operator means a person who operates a courtesy vehicle otherwise than only as a driver.

4Operator to maintain records
  • (1)

    An operator must make a written record of:

    • (a)

      the courtesy vehicle;

    • (b)

      the dates and times during which the courtesy vehicle is operated for hiring;

    • (c)

      the full name and residential address of the driver during those periods and the number of the driver’s licence issued to him or her under the Motor Vehicles Act 1949;

    • (d)

      each hiring made by the courtesy vehicle; and

    • (e)

      any other matter that the Director requires as a condition of the operator’s licence.

    Maximum penalty:          25 penalty units.

  • (2)

    An operator must ensure that the record referred to in subregulation (1):

    • (a)

      is kept in a safe place at the principal place of business of the operator; and

    • (b)

      is produced whenever required by an inspector.

    Maximum penalty:          25 penalty units.

5Operator to furnish information

An operator must, whenever requested by the Director to do so, furnish to the Director within the time specified by the Director full and correct information about any details specified in the request relating to any hiring made by the courtesy vehicle.

Maximum penalty:          25 penalty units.

10Plying for hire prohibited

A person must not use a courtesy vehicle for the purpose of standing or plying for hire.

Maximum penalty:          25 penalty units.

11Hiring arrangements
  • (1)

    A person must not use a courtesy vehicle (whether as the driver or a passenger) for a hiring unless the carriage of passengers:

    • (a)

      is offered as an inducement in respect of an agreement for the provision of accommodation or an activity for recreation or pleasure; and

    • (b)

      is provided without payment of a fare.

    Maximum penalty:          25 penalty units.

  • (2)

    A driver must not ask for, or accept, payment of a fare for a hiring of the courtesy vehicle.

    Maximum penalty:          25 penalty units.

  • (3)

    If:

    • (a)

      the carriage of passengers by a courtesy vehicle is offered as an inducement in respect of an agreement for the provision of accommodation or an activity for recreation or pleasure; and

    • (b)

      a person enters into an agreement for the provision of that accommodation or activity,

    the operator must provide:

    • (c)

      the courtesy vehicle; or

    • (d)

      if unable to do so – another commercial passenger vehicle,

    to carry the person in accordance with the offer but otherwise subject to the Act and any regulations under the Act.

    Maximum penalty:          25 penalty units.

12No touting or soliciting
  • (1)

    A person must not tout or solicit for passengers for a courtesy vehicle.

    Maximum penalty:          25 penalty units.

  • (2)

    A person does not commit an offence against subsection (1) if the person:

    • (a)

      publicises or promotes the provision of accommodation or an activity for recreation or pleasure; and

    • (b)

      as part of that publicity or promotion, offers to carry passengers in a courtesy vehicle as an inducement in respect of an agreement for the provision of that accommodation or activity.

    16Purchase of intoxicating liquor prohibited
  • (1)

    An operator or a driver must not agree to a hiring of the courtesy vehicle under which the driver is required to purchase intoxicating liquor for or on behalf of another person whether or not that other person is a passenger.

    Maximum penalty:          25 penalty units.

  • (2)

    A driver must not during a hiring of the courtesy vehicle purchase intoxicating liquor for himself or herself or for or on behalf of a passenger or another person.

    Maximum penalty:          25 penalty units.

  • (3)

    A passenger must not during a hiring of the courtesy vehicle purchase intoxicating liquor for himself or herself or for or on behalf of another passenger or other person.

    Maximum penalty:          25 penalty units.

19Illegal purpose

An operator or a driver must not:

  • (a)

    use the courtesy vehicle for an illegal purpose; or

  • (b)

    cause or permit the courtesy vehicle to be used for an illegal purpose.

Maximum penalty:          25 penalty units.

20Driver to have identity card or approved form of identification
  • (1)

    For section 74 of the Act, a courtesy vehicle is a prescribed class of commercial passenger vehicle.

  • (2)

    An identity card issued under section 74 of the Act to a driver is to:

    • (a)

      display the name of the driver;

    • (b)

      display a recent photograph of the driver;

    • (c)

      specify the expiry date of the card; and

    • (d)

      indicate that the holder of the card is authorised to drive a courtesy vehicle.

  • (3)

    A driver must during a hiring of the courtesy vehicle:

    • (a)

      display his or her identity card issued under subregulation (2) or other form of identification approved by the Director under section 74(10) of the Act in a conspicuous place in the courtesy vehicle while driving the courtesy vehicle; and

    • (b)

      produce that identity card or other approved form of identification when requested by a passenger or an inspector.

    Maximum penalty:          25 penalty units.

ENDNOTES
  • 1

    KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

  • 2

    LIST OF LEGISLATION

Courtesy Vehicle Regulations (SL No. 49, 2003)

Notified

1 October 2003

Commenced

1 October 2003 (r 2, s 2 Commercial Passenger (Road) Transport Amendment Act (No. 2) 2003 (Act No. 40, 2003) and Gaz G38, 24 September 2003, p 2)

Fees and Charges (Transport) Amendment Regulations 2012 (SL No. 45, 2012)

Notified

14 December 2012

Commenced

1 January 2013 (r 2)

Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)

Assent date

12 July 2013

Commenced

28 August 2013 (Gaz G35, 28 August 2013, p 2)

Commercial Passenger Vehicle Legislation Amendment Regulations2017 (SL No. 34, 2017)

Notified

29 November 2017

Commenced

1 December 2017 (r 2)

Statute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5, 2022)

Assent date

14 April 2022

Commenced

pt 7: nc; rem: 25 May 2022 (Gaz G21, 25 May 2022, p 1)

  • 3

    GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: rr 1, 2 and 4.

  • 4

    LIST OF AMENDMENTS

rr 4 – 5               amd Act No. 23, 2013, s 4

rr 6 – 9               amd Act No. 23, 2013, s 4

rep No. 34, 2017, r 11

rr 10 – 12           amd Act No. 23, 2013, s 4

rr 13 – 15           amd Act No. 23, 2013, s 4

rep No. 34, 2017, r 11

r 16                    amd Act No. 23, 2013, s 4

rr 17 – 18           amd Act No. 23, 2013, s 4

rep No. 34, 2017, r 11

r 19                    amd Act No. 23, 2013, s 4

r 20                    amd Act No. 23, 2013, s 4; Act No. 5, 2022, s 67

r 21                    amd No. 45, 2012, r 4

rep No. 34, 2017, r 11

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