Justices Act 1902 Regulation relating to short descriptions of offences under the Passenger Transport Regulation 1990 (1990-740) [GG No 152 of 23.11.1990] (NSW)

1990 - No. 740

JUSTICES ACT 1902 - REGULATION

(Relating to short descriptions of offences

under the Passenger Transport Regulation 1990)

NEW SOUTH WALES

[Published in Gazette No. 152 of 23 November 1990]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Justices Act 1902, has been pleased to make the Regulation set forth hereunder.

JOHN DOWD

Attorney General.

Citation

1. This Regulation may be cited as the Passenger Transport (Short Description of Offences) Regulation 1990.

Short description of summary offences

2. (1) For the purposes of section 145B (2) of the Justices Act 1902, the prescribed expression in relation to a summary offence specified in Column 1 of Schedule 1 is the expression set out opposite it in Column 2 of the Schedule.

(2) If a choice of words is indicated in Column 2 of the Schedule, the words remaining after the omission of the words irrelevant to the offence constitute the prescribed expression.

(3) A reference in Column 1 of Schedule 1 to a provision of the Passenger Transport Regulation 1990 that creates an offence is a reference to that provision as in force at the time the offence is alleged to have occurred.

1990 - No. 740

SCHEDULE 1

(C1. 2)

Column 1 Column 2

OFFENCE UNDER PASSENGER	PRESCRIBED
TRANSPORT REGULATION	EXPRESSION

1990

Clause 4 -

• not retain record required to not retain record

be kept

• not produce record on demand not produce record

•	not	deliver	record	when	not deliver record
required

Clause 5 (a) - permit person to drive public passenger vehicle without ensuring -

• the person is authorised to drive the vehicle not verify driver’s

authorisation

• the person holds driver’s not verify driver’s licence

licence	of	the	appropriate
class

Clause 5 (b) -

• not record full name of driver not record driver’s name

of public passenger vehicle

•	not record place of residence of	not record driver’s address
driver of public passenger vehicle

• not record date on which public not record date of driving

passenger vehicle driven

• not record time at which public not record time of driving

passenger vehicle driven

Clause 5 (c) - not ensure records of names and addresses of drivers	not	keep	records
up-to-date

of public passenger vehicles and dates and times of their driving those vehicles are kept up-to-date

1990 - No. 740

Clause 6 - not maintain required insurance	not maintain insurance
Clause 9 (2) - stand or drive on public street taxi-cab which is	stand/drive hired taxi/taxi
for hire w’out properly
hired or available for hire without	contained/affixed/displayed
having authority card contained	authority card
in approved holder affixed to, and displayed in, taxi-cab in required manner
Clause 9 (3) - not take reasonable precautions to prevent taxi-cab	not prevent authority card
offence

which is hired or available for hire from standing or being driven on public street without having authority card contained in approved holder affixed to, and displayed in, taxi-cab in required manner

Clause 9 (4) (a) - stand or drive or cause or permit to stand or be driven on public street taxi-cab displaying:

• altered, mutilated or defaced stand/drive cause/permit

authority card stand/be driven taxi

displaying
altered/mutilated/defaced

authority card

• authority card issued in respect stand/drive cause/permit

of another person standbe driven taxi

displaying	another
person’s card

• authority card containing stand/drive cause/permit

incorrect particulars stand/be driven taxi displaying inaccurate card

Clause 9 (4) (b) - alter/deface alter/deface authority card

authority card

1990 - No. 740

Clause 9 (4) (c) -

• lend authority card	lend authority card
• part with authority card	part with authority card

Clause 10 (1) - sell ticket for public passenger unauthorised sale of ticket

service without

author it y

Clause 10 (2) - transfer ticket to person other than person on	unauthorised transfer of
ticket

whose behalf ticket purchased

Clause 10 (6) - not surrender ticket

at end of journey or period for
which issued

not surrender ticket

Clause 10 (7) - not make ticket available for inspection or other

not make ticket available

on request

dealing on request

Clause 10 (8) - alter/deface ticket or alter/deface ticket/make

make	ticket	illegible	or	ticket illegible/inoperable
inoperable

Clause 12 - permit public passenger

vehicle to stand at place other
than a stand

stand at place not a stand

Clause 13 (1) - not ensure timetable for long-distance service can

not ensure timetable can

reasonably be met

reasonably be met

Clause 13 (2) - not provide copy of long-distance service timetable not provide copy of

time table

on request

Clause 15 (1) - drive taxi-cab or private hire vehicle that is not drive unclean/untidy

taxi/private hire vehicle

clean and tidy

1990 - No. 740

Clause 15 (2) - allow use in service of bus or ferry that is not clean and	allow use unclean/untidy
bus/ferry

tidy

Clause 16 (1) - smoke tobacco or other substance in bus or in	smoke in bus/contrary to
sign

other public passenger vehicle (or part of vehicle) displaying signs prohibiting smoking

Clause 16 (2) - operator not cause signs prohibiting smoking in bus	not cause display in bus of
no-smoking signs

to be displayed in bus

Clause 17 (1) - eat or drink in taxi-cab eat/drink in taxi

Clause 17 (2) - eat or drink in public passenger eat/drink in public

vehicle displaying passenger vehicle contrary

signs prohibiting eating and to sign

drinking in the vehicle

Clause 18 (2) - not comply with direction (arising from condition	not comply with direction
(clothing)

of person’s clothing, luggage, etc.) concerning the person’s presence on public passenger vehicle or wharf

Clause 19 (2) - not comply with direction (arising from person’s	not comply with direction
(intoxication)

state of intoxication, etc.) concerning the person’s presence on public passenger vehicle or wharf

Clause 20 (1) - driver permit in or on public passenger vehicle article	allow inconvenient article
in/on public passenger
inconveniencing other person	vehicle

1990 - No. 740

Clause 20 (2) - driver permit in or on public passenger vehicle dog,	allow animal in/on public
passenger vehicle

cat, bird or other animal

Clause 21 - consume alcohol in public passenger vehicle or on	consume alcohol in public
passenger vehicle/on

wharf wharf

Clause 22 - spit, urinate or defecate in public passenger vehicle or spit/urinate/defecate in

public passenger

on wharf vehicle/on wharf

Clause 23 (1) - prevent, by placement of goods on seat,	prevent person occupy
seat in public passenger

person from occupying seat in	vehicle/on wharf
public passenger vehicle 01 on

wharf

Clause 23 (3) - occupy (on bus or ferry) seat for aged or disabled	not yield special seat to
aged/disabled

person despite aged or disabled

person’s request for seat

Clause 24 - place foot or feet on seat in public passenger vehicle or	place feet on seat in public
passenger vehicle/on

on wharf wharf

Clause 25 - interfere with comfort or interfere safety/comfort

safety of person in public person in public passenger

passenger vehicle or on wharf vehicle/on wharf

Clause 26 - ride or operate ride/operate

skateboard, etc. in public skateboard/skates/bicycle/vehicle

passenger vehicle or on wharf in public passenger

vehicle/on wharf

Clause 27 - throw object or thing at or from public passenger vehicle throw object at/from

public passenger

or wharf vehicle/wharf

1990 - No. 740

Clause 28 (a) - litter in public passenger vehicle or on wharf	litter in public passenger
vehicle/on wharf
Clause 28 (b) - deposit dangerous article in public passenger vehicle	deposit dangerous article
in public passenger
or on wharf	vehicle/on wharf
Clause 29 (a) - place graffiti on	place graffiti on public

public	passenger	vehicle	or	passenger vehicle/wharf
wharf

Clause 29 (b) - damage or deface damage/deface public

public	passenger	vehicle	or	passenger vehicle/wharf
wharf

Clause 30 (1) (a) - sell, hire, or offer or expose for hire, articles or	sell/hire/offer for
hire/expose for hire goods
goods in public passenger vehicle	in public passenger
or on wharf	vehicle/on wharf
Clause 30 (1) (b) - distribute handbills or solicit money in	distribute handbills/solicit
money in public passenger
public passenger vehicle or on	vehicle/on wharf
wharf
Clause 30 (1) (c) - play musical instrument in public passenger	play musical instrument in
public passenger
vehicle or on wharf	vehicle/on wharf

Clause 30 (2) - solicit for solicit

custom/hire/employment	in	or	custom/hire/employment
on public passenger vehicle or	in/on	public	passenger

wharf vehicle/wharf

Clause 31A (a) - driver carry passenger on portion of bus not carry passenger on

unauthorised portion of

intended	for	conveyance	of	bus
passengers

1990 - No. 740

Clause 31A (b) - driver allow passenger to stand on upper deck	allow standing on upper
deck

of two-decked bus while bus

being driven

Clause 31A (c) - driver permit person occupy driving seat of bus	allow person occupy
driving seat/area to right

or part of bus abreast of that	of driving seat
seat on right-hand side
Clause 31A (d) - driver permit person on portion of bus in front	allow person in front of
driving seat

of driving seat

Clause 31B (a) - ride on front or rear platform, step, stairway, roof	ride on front/rear
platform/step/stairway/roof

or other part of bus not of bus/part of bus not

intended	for	conveyance	of	intended for passengers
passengers

Clause 31B (b) - stand on upper deck of two-decked bus being stand on upper deck

driven

Clause 31C (1) (a) - driver carry greater than authorised number of passengers	carry extra passenger
Clause 31C (1) (b) - driver carry	carry extra seated

greater number of seated passenger

passengers than authorised to

carry seated

Clause 31C (1) (c) - driver carry carry extra standing

greater number of standing passenger

passengers than authorised to

carry standing

Clause 32 (2) - not comply with direction not comply with direction

to leave public to leave public passenger

passenger vehicle or wharf vehicle/wharf

1990 - No. 740

Clause 33 (1) - not pay fare	not pay fare
Clause 33 (3) - demand excess amount as fare	demand excess amount as
fare
Clause 33 (4) - not give correct	not give correct change

change

Clause 33 (5) (a) - travel or attempt to travel on bus or ferry without travel/attempt to travel

without paying fare

paying fare

Clause 33 (5) (b) - not leave bus or ferry at end of journey paid for	travel	beyond	distance
paid for

Clause 33 (5) (c) - use invalid ticket or ticket to which not entitled to	use invalid ticket/ticket to
which not entitled

travel or attempt to travel on bus

or ferry

Clause 34 (1) - driver fail to allow passenger to get on or off bus	not allow passenger on/off
bus
Clause 35 - conduct self in offensive manner or use offensive language	offensive
behaviour/language in/on

in or vehicle or wharf	on	public	passenger	public	passenger
vehicle/wharf

Clause 36 - not drive bus or ferry in accordance with timetable and not drive bus/ferry

according to

published route	timetable/published route
Clause 37 (a) - smoke while conveying passenger	smoke while conveying
passenger
Clause 37 (b) - solicit for passenger or for a hiring	solicit passenger/hiring
Clause 37 (c) - move public passenger vehicle while doors	move public passenger
vehicle with doors open

open

1990 - No. 740

Clause 37(d) - negligently or wilfully neg./wilf. start/cause start

start or cause to be started	veh. risking injury to
public passenger vehicle so as to	passenger/intend.
subject any passenger or intending	passenger
passenger to the risk of injury

Clause 38 - leave driving seat of leave driving seat

public passenger vehicle on

public street

Clause 39 (a) - driver not be clean and tidy and wearing clean and driver not clean and

tidy/wearing

respectable clothes clean/respectable clothes

Clause 39 (b) -

• driver not behave in orderly driver not behave in

manner orderly manner

•	driver not behave with civility	driver not behave with
and propriety	civility and propriety

Clause 39 (c) - driver not comply with passenger’s reasonable driver not comply

passenger’s requirement

requirement

Clause 41 - sit or stand on side rails of ferry	sit/stand on ferry rail
Clause 42 (1) - remain on wharf	remain on wharf
Clause 42 (2) - remain on wharf contrary to sign	remain on wharf contrary
to sign
Clause 43 (1) -

• embark on ferry not moored at	embark on ferry not
wharf	moored at wharf

• disembark from ferry not disembark from ferry not

moored at wharf moored at wharf

1990 - No. 740

Clause 43 (2) -

• embark on ferry at place other embark on ferry at

than place provided by unauthorised place

operator of ferry service

• disembark from ferry at place disembark from ferry at

other than place provided	unauthorised place
by operator of ferry service

• embark on ferry by means embark on ferry by

other than means provided by	unauthorised means
operator of ferry service

• disembark from ferry by means disembark from ferry by

other than means provided	unauthorised means
by operator of ferry service

Clause 44 - enter or attempt to

enter:

• wheelhouse/engine room of enter /at tempt enter

ferry	wheelhouse/engine	room
of ferry

• area of ferry to which entry is, enter /attempt enter part

by signs, restricted to the crew of ferry contrary to sign

Clause 45 -

• berth vessel at State Transit unauthorised berthing of

Authority’s wharf vessel

• land person at State Transit unauthorised landing of

Authority’s wharf person

• land goods at State Transit unauthorised landing of

Authority’s wharf goods

Clause 46 -

• obstruct approaches to wharf	obstruct	approaches	to
wharf

• impede ferry’s approach to impede ferry’s approach

wharf

• impede ferry’s departure from impede ferry’s departure

wharf

1990 - No. 740

Clause 47 - licensee not deliver or cause delivery of taxi licence or private hire vehicle licence to Director-General on cancellation, suspension or expiration	not deliver licence
Clause 48 - allow altered taxi-cab or private hire vehicle to be driven	not notify DG alteration
taxi/private hire vehicle

on public street without giving Director-General written particulars of alteration

Clause 49 (1) - not maintain approved form of record of not maintain record

operation stand-by taxi

operation of stand-by taxi-cab

Clause 50 - drive taxi-cab or allow taxi-cab stand on public street without displaying, in approved manner and form:

summary of rights and not display hirer’s rights

obligations of hirer	and obligations
fares and charges on which	not display fares and
authorised fare for hiring	charges
taxi-cab is calculated

maximum number of not display maximum no.

passengers taxi-cab may carry passengers taxi may carry

registration	number	of	not display taxi’s reg. no.
taxi-cab

authority card issued to driver Clause 51 (1) - taxi-cab available for	not display authority card
not have required roof

hire on public street without	sign
being fitted with required roof sign
Clause 51 (2) - taxi-cab available for hire on public street without	not have amber lamp on
roof sign

having amber lamp on roof sign

1990 - No. 740

Clause 51 (3) - taxi-cab available for hire on public street without	not have lamps wired to
meter as required

having lamps wired to taxi-meter

as required

Clause 51 (4) - taxi-cab available for hire on public street without not operate lamps as

required

having	lamps	operating	as
required

Clause 51 (5) - display prohibited indication that taxi-cab is for hire	prohibited indication
Clause 52 (2) - operate as taxi-cab vehicle more than 6 years old	operate as taxi vehicle
more than 6 years old
Clause 52 (5) - operator of private hire vehicle operate a vehicle	operate vehicle older than
maximum age

older	than	maximum	age
specified

Clause 53 (1) - allow taxi-cab be driven or stand on public street	allow taxi stand/be driven
without appropriate meter

without its being fitted with taxi-meter conforming to guidelines

Clause 53 (4) interfere, or permit interference, with taxi-meter	interfere /permit
interference with
taxi-meter
Clause 54 (1) - taxi-driver:

set taxi-meter in motion start meter early

before taxi-cab hired

not set taxi-meter in motion	not start meter on hiring
as soon as taxi-cab hired

not keep taxi-meter in motion	not keep meter going
during hiring	during hiring

1990 - No. 740

(d) not stop meter during not stop meter during

specified periods of delay	delay
(e) not return meter to zero (or	not cancel meter reading

hire charge) at termination of

hiring

Clause 54 (2) - taxi-driver:

(a) not cause amount recorded not properly display

on taxi-meter to be displayed	amount on meter
so that hirer may easily read it (b) not state amount of extra	not state extra charges

charges for luggage, goods,

tolls or ferry

Clause 55 (1) taxi-driver demand more than authorised fare	taxi-driver demand fare
exceeding authorised fare
Clause 55 (2) - not pay authorised fare for hiring taxi-cab	not pay taxi-fare
Clause 55 (3) - taxi-driver not issue correct or proper change	taxi-driver not give
correct/proper change
Clause 55 (4) - taxi-driver:

(a) not notify prospective hirer of	not notify amount to be
amount to be charged;	charged

(b) demand more than notified demand more than

amount or any agreed lesser	notified/agreed amount
amount

Clause 55 (5) - taxi-driver or driver of private hire vehicle demand	demand amount charge
made during delay

amount of charge made during
delay

1990 - No. 740

Clause 56 (1) taxi-cab having travelled to picking-up point:

driver not advise hirer (or	not advise hirer/cause
cause hirer to be advised)	hirer be advised taxi's
of taxi's arrival	arrival
driver not set taxi-meter in	driver booked taxi not

operation	at	time	hiring	start meter on hiring
commences

hirer not pay booking fee not pay booking fee

Clause 57 (1) - driver of taxi-cab available for hire on public street not accept hiring

immediately

not accept hiring immediately

when offered

Clause 57 (2) (a) - taxi-driver not carry out hiring punctually not carry out hiring

punctually

Clause 57 (2) (b) - taxi-driver not not drive by shortest route

drive	by	shortest	practicable
route

Clause 59 (1) - taxi-driver not wait on request	not wait on request
Clause 60 (1) not convey luggage or goods on request	not convey luggage/goods
Clause 60 (2) (a) - convey luggage or goods on roof of vehicle	convey luggage/goods on
roof
Clause 60 (2) (b) - convey goods of aggregate weight exceeding 25 kg	convey heavy goods in
passenger area

in portion of vehicle provided for accommodation of passengers

Clause 61 (1) - place or keep taxi-cab on stand if hired or not available	place/keep hired taxi/taxi
not available for hire on
for hire	stand

1990 - No. 740

Clause 61 (2) - not place or keep taxi-cab in first available vacant position on stand	not close up on stand
Clause 61 (4) - not use stand as directed by police officer	not use stand as directed
Clause 62 (1) - not accept hiring re	not accept hiring re

person or goods on police person/goods on police

officer’s request request

Clause 63 (2) - hirer not pay authorised not pay fare to termination

fare to point of point

termination of hiring arising from failure of child passenger to wear seat belt

Clause 64 (2) - not comply with direction varying hiring	not	comply	variation
hiring
Clause 65 (1) permit person other than hirer to ride in taxi-cab	allow	additional	person

ride in taxi

Clause 65 (2) - do or suffer act or thing designed or calculated to	do/suffer act designed
result additional person

result in entry in taxi-cab or	enter/ride taxi
riding in taxi-cab of person other than hirer

Clause 66 (3) - carry on public passenger service using taxi-cab operate taxi without

appropriate radio unit

not fitted with radio unit

operated as part of network

Clause	66 (4):
• not utilise radio unit of taxi-cab	not use radio unit correctly

in accordance with network

operator’s	established
procedures
• not observe published rules of	not observe network rules

authorised network

1990 - No. 740

Clause 69 (2) -

• alter/deface credential alter/deface credential

• lend credential	lend credential
• part with credential	part with credential

Clause 69 (4) - not return illegible credential	not	return	illegible
credential

Clause 70 - not notify not notify change of

Director-General of change of	address
address
Clause 74 - carry on public passenger service using unregistered bus	use unregistered bus

not displaying operator’s

accreditation

Clause 75 (1) - operate public passenger service using taxi-cab	operate	taxi	without
appropriate	security

not fitted with appropriate device

security device

Clause 75 (2) - operate public passenger service using vehicle	operate vehicle without
mandatory security device

not fitted with mandatory security

device

EXPLANATORY NOTE

The object of this Regulation is to prescribe the short descriptions that, by virtue

of section 145B of the Justices Act 1902, are sufficient to state or describe, in any information, complaint, summons, warrant, notice, order or other document, certain

summary offences under the Passenger Transport Regulation 1990.

The Regulation comprises matter of a machinery nature.