Passenger Transport Act 1990 Passenger Transport Amendment (Penalty Notice Offences) Regulation 1996 (1996-649) [GG No 150 of 20.12.1996] (NSW)

1996 No 649

New South Wales

Passenger Transport Amendment
(Penalty Notice Offences) Regulation
1996
under the
Passenger Transport Act 1990
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Passenger Transport Act 1990.
BRIAN LANGTON, M.P.,
Minister for Transport.
Explanatory note
The object of this Regulation is to amend the Passenger Transport (Bus Services) Regulation 1995, the Passenger Transport (Ferry Services) Regulation 1995 and the Passenger Transport (Private Hire Vehicle Services) Regulation 1995 so as to prescribe:

• certain additional offences under those Regulations in respect of
which penalty notices (“on-the-spot fines”) may be issued, and
• the short descriptions that, by virtue of section 145B of the Justices Act 1902, may be used to describe those offences in any information, complaint, summons, warrant, notice, order or other document, and
• the penalty payable for such offence if the offence is dealt with under
the penalty notice rather than by a court.
This Regulation also:
(a) amends the penalties payable under penalty notices for certain offences against the Passenger Transport (Private Hire Vehicle Services) Regulation 1995 to reflect more accurately the differences in the maximum penalties for those offences, and

Published in Gazette No 150 of 20 December 1996, page 8579 Page 1

1996 No 649

Passenger Transport Amendment (Penalty Notice Offences) Regulation 1996
Explanatory note

(b)	amends the short descriptions under the Passenger Transport (Bus Services) Regulation 1995 and the Passenger Transport (Ferry Services) Regulation 1995 of an offence relating to lost property, and
(c)	amends the short descriptions of certain offences under the Passenger Transport (Private Hire Vehicle Services) Regulation 1995 relating to the dress and conduct of drivers, and
(d)	makes a minor amendment (by way of law revision) to the Passenger Transport (Taxi-cab Services) Regulation 1995.

This Regulation is made under the Passenger Transport Act 1990, and, in particular, sections 59 (Penalty notices for certain offences) and 63 (the general regulation-making power).

1996 No 649

Passenger Transport Amendment (Penalty Notice Offences) Regulation 1996 Clause 1
Passenger Transport Amendment (Penalty
Notice Offences) Regulation 1996
Name of Regulation
This Regulation is the Passenger Transport Amendment (Penalty
Notice Offences) Regulation 1996.
Commencement
This Regulation commences on 20 December 1996.
Amendment of Passenger Transport (Bus Services) Regulation
1995
The Passenger Transport (Bus Services) Regulation 1995 is amended as set out in Schedule 1.
Amendment of Passenger Transport (Ferry Services) Regulation
1995
The Passenger Transport (Ferry Services) Regulation 1995 is amended as set out in Schedule 2.
Amendment of Passenger Transport (Private Hire Vehicle
Services) Regulation 1995
The Passenger Transport (Private Hire Vehicle Services)
Regulation 1995 is amended as set out in Schedule 3.

Amendment of Passenger Transport (Taxi-cab Services)
Regulation 1995
The Passenger Transport (Taxi-cab Services) Regulation 1995 is amended by renumbering the last subclause of clause 19A as subclause (3).
Notes
The explanatory note does not form part of this Regulation.

1996 No 649

Passenger Transport Amendment (Penalty Notice Offences) Regulation 1996

Schedule 1	Amendment of Passenger Transport (Bus Services) Regulation 1995
Schedule 1	Amendment of Passenger Transport (Bus Services) Regulation 1995

(Clause 3 )

[1] Schedule 1 Penalty notice offences
Insert in numerical order of clauses in Part 2 of Schedule l:

Clause 5 operator allow -use unclean/untidy bus $200
Clause 6 (l ) not ensure bus timetable can be met without $200
speeding

Clause 6 (2) not provide copy bus timetable to $200
Director-General
Clause 8 (1 ) (a) not ensure bus driver authorised $200
Clause 8 (1) (b) not ensure bus driver licensed $200
Clause 8 (2) (a) not keep record bus driver’s name/address $200
Clause 8 (2) (b) not keep record bus driver’s dates/times of $200
driving
Clause 9 (a) not retain bus records $200
Clause 9 (b) not produce bus record to authorised officer $200
Clause 9 (c) not deliver bus record to Director-General $200
Clause 10 bus operator not maintain required insurance $200
Clause 11 (1) drive bus without displaying authority card $100
properly
Clause 11 (2) bus driver not produce authority card $100
Clause 12 (l) (a) bus driver not set down passenger $100
Clause 12 (1) (b) bus driver not pick up passenger $100
Clause 12 (2) driver not stop bus close/parallel to kerb $100
Clause 13 (1) (a) bus driver carry extra passenger $100
Clause 13 (1) (b) bus driver carry extra seated passenger $100
Clause 13 ( l ) (c) bus driver carry extra standing passenger $100
Clause 13 (4) operator not display carrying capacity of bus $100
properly

1996 No 649

Passenger Transport Amendment (Penalty Notice Offences) Regulation 1996

Amendment of Passenger Transport (Bus Services) Regulation 1995 Schedule 1

Clause 15 (a) carry passenger on unauthorised portion of $100
bus
Clause 15 (b) allow standing on upper deck $100
Clause 15 (c) allow person occupy driving seat/area to $100
right of driving seat
Clause 15 (d) allow person in front of driving seat $100
Clause 16 driver not follow bus route/timetable $100
Clause 17 (a) smoke on bus while conveying passenger $100
Clause 17 (b) solicit passenger/hiring $100
Clause 17 (c) move bus with doors open $100
Clause 17 (d) negligent/wilful start/cause start bus risking $100
passenger/intended passenger
Clause 18 (a) bus driver not clean/tidy/wearing clean/ $100
respectable clothes
Clause 18 (b) bus driver not behave in orderly manner/ $100
with civility/propriety
Clause 19 bus driver leave driving seat $100
Clause 49 (2) (a) alter/deface authority/authority card $100
Clause 49 (2) (b) lend/part with authority/authority card $100
Clause 50 ( 1) not surrender varid/cancelled/suspended $200
authority
Clause 50 (2) not surrender expired authority card $200
Clause 55 (2) bus driver/passenger not give namd/address $100
[2] Schedule 1, Part 2
Omit the matter relating to clause 45 (1). Insert instead:

Clause 45 (1) not deal properly with property found on $100
bus

1996 No 649

Passenger Transport Amendment (Penalty Notice Offences) Regulation 1996

Schedule 2	Amendment of Passenger Transport (Ferry Services) Regulation 1995
Schedule 2	Amendment of Passenger Transport (Ferry Services) Regulation 1995

(Clause 4)

Schedule 1 Penalty notice offences
Insert in numerical order of clauses in Part 2 of Schedule 1:

Clause 5 allow use unclean/untidy ferry $100
Clause 6 (a) not retain ferry record $200
Clause 4 (b) not produce ferry record to authorised $200
officer

Clause 4 (c) not deliver ferry record to Director-General $200
Clause 7 master not follow ferry timetable/route $100
Clause 37 (2) person on ferry/wharf not give name/address $100

Schedule 1, Part 2
Omit the matter relating to clause 35 (1). Insert instead:

Clause 35 (1) not deal properly with property found on $100
ferry

1996 No 649

Passenger Transport Amendment (Penalty Notice Offences) Regulation 1996

Amendment of Passenger Transport (Private Hire Vehicle Services) Schedule 3
Regulation 1995

Schedule 3 Amendment of Passenger Transport
(Private Hire Vehicle Services)
Regulation 1995

(Clause 5)

[1]        Schedule 1 Penalty notice offences

Omit ‘‘$200’’ wherever occurring in relation to clauses 6 and 15 (d)
in Part 2 of Schedule 1.
Insert instead “$150”.
[2]        Schedule 1, Part 2

Omit ‘‘$100” wherever occurring in relation to clauses 21 (a) and (b)
and 29.
Insert instead “$150”.
[3]        Schedule 1, Part 2

Insert in numerical order of clause in Part 2 of Schedule 1:

Clause 7 (a) allow hire car be driven after expiry $200

non-compliance notice

Clause 7 (b) allow hire car be driven after unlawful $200
removal notice
Clause 8 (1) (a) allow unauthorised person drive hire car $200
Clause 8 (1) (b) allow unlicensed person drive hire car $200
Clause 8 (2) (a) not keep record hire car driver’s name/ $200
address
Clause 8 (2) (b) not keep record hire car driver’s date/times $200
of driving
Clause 9 (a) not retain hire car record $200
Clause 9 (b) not produce hire car record to authorised $200
officer
Clause 9 (c) not deliver hire car record to $200
Director-General

1996 No 649

Passenger Transport Amendment (Penalty Notice Offences) Regulation 1996

Schedule 3 Amendment of Passenger Transport (Private Hire Vehicle Services)

Regulation 1995

Clause 10 hire car operator not maintain required $200
insurance
Clause 11 hire car driver not produce authority card $150
Clause 13 (a) drive hire car after expiry non-compliance $200
notice
Clause 13 (b) drive hire car after unlawful removal $200
non-compliance notice
Clause 14 allow hire car carry article inconvenient to $100
other person
Clause 20 (a) charge fare when hire car delayed by fuel $150
shortag/accident
Clause 20 (b) charge fare when hire car delayed by $150
avoidable cause
Clause 27 not deal properly with property found in $100
hire car
Clause 28 (4) unauthorised person remove non-compliance $200
notice
Clause 32 (1) not return cancelled/suspended/expired $200
licence
Clause 35 (2) hire car driver/passenger not give name/ $100
address

Schedule l , Part 2

Omit “$150” where occurring in relation to clause 12.
Insert instead “$100”.

Schedule 1, Part 2

Omit the matter relating to clause 16 (a). Insert instead:

Clause l6 (a) hire car driver not clean/tidy/wearing clean/ $150
respectable clothes

1996 No 649

Passenger Transport Amendment (Penalty Notice Offences) Regulation 1996

Amendment of Passenger Transport (Private Hire Vehicle Services) Schedule 3
Regulation 1995
[6 ] Schedule 1, Part 2

Omit “orderly/with civility and propriety” from the matter relating
to clause 16 (b).
Insert instead “in orderly manner/with civility/propriety”.
[7] Schedule 1, Part 2

Omit “$100” where occurring in relation to clause 32 (2).
Insert instead “$200”.

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Passenger Transport Act 1990 - Passenger Transport Amendment (Penalty Notice Offences) Regulation 1996 (1996-649) [GG No 150 of 20.12.1996] (NSW)

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•	certain additional offences under those Regulations in respect of which penalty notices (“on-the-spot fines”) may be issued, and
•	the short descriptions that, by virtue of section 145B of the Justices Act 1902, may be used to describe those offences in any information, complaint, summons, warrant, notice, order or other document, and
•	the penalty payable for such offence if the offence is dealt with under the penalty notice rather than by a court.
This	Regulation also:
(a)	amends the penalties payable under penalty notices for certain offences against the Passenger Transport (Private Hire Vehicle Services) Regulation 1995 to reflect more accurately the differences in the maximum penalties for those offences, and
Published in Gazette No 150 of 20 December 1996, page 8579	Page 1

Passenger Transport Amendment (Penalty Notice Offences) Regulation 1996	Clause 1
Passenger Transport Amendment (Penalty Notice Offences) Regulation 1996

Clause 6 (2)	not provide copy bus timetable to	$200
Director-General
Clause 8 (1 ) (a)	not ensure bus driver authorised	$200
Clause 8 (1) (b)	not ensure bus driver licensed	$200
Clause 8 (2) (a)	not keep record bus driver’s name/address	$200
Clause 8 (2) (b)	not keep record bus driver’s dates/times of	$200
driving
Clause 9 (a)	not retain bus records	$200
Clause 9 (b)	not produce bus record to authorised officer	$200
Clause 9 (c)	not deliver bus record to Director-General	$200
Clause 10	bus operator not maintain required insurance	$200
Clause 11 (1)	drive bus without displaying authority card	$100
properly
Clause 11 (2)	bus driver not produce authority card	$100
Clause 12 (l) (a)	bus driver not set down passenger	$100
Clause 12 (1) (b)	bus driver not pick up passenger	$100
Clause 12 (2)	driver not stop bus close/parallel to kerb	$100
Clause 13 (1) (a)	bus driver carry extra passenger	$100
Clause 13 (1) (b)	bus driver carry extra seated passenger	$100
Clause 13 ( l ) (c)	bus driver carry extra standing passenger	$100
Clause 13 (4)	operator not display carrying capacity of bus	$100
properly

Clause 15 (a)	carry passenger on unauthorised portion of	$100
bus
Clause 15 (b)	allow standing on upper deck	$100
Clause 15 (c)	allow person occupy driving seat/area to	$100
right of driving seat
Clause 15 (d)	allow person in front of driving seat	$100
Clause 16	driver not follow bus route/timetable	$100
Clause 17 (a)	smoke on bus while conveying passenger	$100
Clause 17 (b)	solicit passenger/hiring	$100
Clause 17 (c)	move bus with doors open	$100
Clause 17 (d)	negligent/wilful start/cause start bus risking	$100
passenger/intended passenger
Clause 18 (a)	bus driver not clean/tidy/wearing clean/	$100
respectable clothes
Clause 18 (b)	bus driver not behave in orderly manner/	$100
with civility/propriety
Clause 19	bus driver leave driving seat	$100
Clause 49 (2) (a)	alter/deface authority/authority card	$100
Clause 49 (2) (b)	lend/part with authority/authority card	$100
Clause 50 ( 1)	not surrender varid/cancelled/suspended	$200
authority
Clause 50 (2)	not surrender expired authority card	$200
Clause 55 (2)	bus driver/passenger not give namd/address	$100

Clause 4 (c)	not deliver ferry record to Director-General	$200
Clause 7	master not follow ferry timetable/route	$100
Clause 37 (2)	person on ferry/wharf not give name/address	$100

Amendment of Passenger Transport (Private Hire Vehicle Services)	Schedule 3
Regulation 1995
Schedule 3	Amendment of Passenger Transport (Private Hire Vehicle Services) Regulation 1995

Clause 7 (b)	allow hire car be driven after unlawful	$200
removal notice
Clause 8 (1) (a)	allow unauthorised person drive hire car	$200
Clause 8 (1) (b)	allow unlicensed person drive hire car	$200
Clause 8 (2) (a)	not keep record hire car driver’s name/	$200
address
Clause 8 (2) (b)	not keep record hire car driver’s date/times	$200
of driving
Clause 9 (a)	not retain hire car record	$200
Clause 9 (b)	not produce hire car record to authorised	$200
officer
Clause 9 (c)	not deliver hire car record to	$200
Director-General

Clause 10	hire car operator not maintain required	$200
insurance
Clause 11	hire car driver not produce authority card	$150
Clause 13 (a)	drive hire car after expiry non-compliance	$200
notice
Clause 13 (b)	drive hire car after unlawful removal	$200
non-compliance notice
Clause 14	allow hire car carry article inconvenient to	$100
other person
Clause 20 (a)	charge fare when hire car delayed by fuel	$150
shortag/accident
Clause 20 (b)	charge fare when hire car delayed by	$150
avoidable cause
Clause 27	not deal properly with property found in	$100
hire car
Clause 28 (4)	unauthorised person remove non-compliance	$200
notice
Clause 32 (1)	not return cancelled/suspended/expired	$200
licence
Clause 35 (2)	hire car driver/passenger not give name/	$100
address