Passenger Transport Act 1990 Passenger Transport (Bus Services) Regulation 1995 (1995-397) [GG No 102 of 25.8.1995] (NSW)

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1995—No. 397

PASSENGER TRANSPORT ACT 1990—REGULATION

(Passenger Transport (Bus Services) Regulation 1995)

NEW SOUTH WALES

[Published in Gazette No. 102 of 25 August 1995]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Passenger Transport Act 1990, has been pleased to make the Regulation set forth hereunder.

BRIAN LANGTON, M.P.,

Minister for Transport.

PART 1—PRELIMINARY

Citation

1. This Regulation may be cited as the Passenger Transport (Bus Services) Regulation 1995.

Commencement

2. This Regulation commences on 1 September 1995.

Application

3. (1) This Regulation (Parts 3 and 4 excepted) applies to the conduct of all bus services.

(2) Parts 3 and 4 apply only to bus services conducted by persons other than the STA or SRA

Definitions

4. In this Regulation:

“authority” means an authority issued under Division 2 of Part 2 of

the Act;

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“bus stop” means a bus stop appointed under clause 47;
“concession ticket” means a ticket issued free or at a reduced fare;
“drive” a bus includes causing or allowing the bus to stand;

“driver” of a bus means a person who holds an authority that

authorises the person to drive a bus;

“driver’s authority card” means an authority card issued under

clause 46;

“operator” means:

(a)

in relation to a bus service, the person who is accredited under Division 1 of Part 2 of the Act to operate the service; and

(b)

in relation to a bus, the person who is accredited under Division 1 of Part 2 of the Act to operate the bus service to which the bus belongs;

“RTA” means the Roads and Traffic Authority;
“SRA” means the State Rail Authority;

“STA” means the State Transit Authority;

“the Act” means the Passenger Transport Act 1990;

“ticket” means anything issued by or on behalf of the operator of a

bus service for the purpose of authorising a person to travel in a bus

belonging to the service;

“valid ticket” is defined in clause 20.

PART 2—OPERATION OF BUS SERVICES

Division 1—The bus operator

Condition of buses

5. The operator of a bus service must not allow a bus to be used in the service unless it is clean and tidy.

Maximum penalty: 10 penalty units.

Timetables

6. (1) The operator of a long-distance bus service must ensure that the timetable for the service can reasonably be met without any need for buses to break any relevant speed limits.

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(2) The operator of a long-distance bus service must, on request by the Director-General, provide a copy of the timetable for the service so that the timetable may be checked to ensure that it complies with this clause.

Maximum penalty: 10 penalty units.

School bus services

7. For the purposes of section 18 (5) of the Act, the holder of a non- commercial contract for school bus services is entitled to a contract for a 5 year period, so long as the Director-General is satisfied that:

(a) the holder’s performance under the contract is satisfactory; and

(b)

the contract price is fixed at no more than the average rate of remuneration for comparable services in New South Wales.

Records of drivers

8. (1) The operator of a bus must not permit a person to drive the bus

unless satisfied that the person is the holder of:

(a) an appropriate authority; and
(b) an appropriate licence under the Traffic Act 1909.

(2) The operator of a bus must keep a written record of the following

particulars for each person who drives the bus:

(a) the person’s full name and residential address;

(b)

the dates and times during which the bus was driven by the person.

Maximum penalty: 10 penalty units.

Retention of books and records in relation to the operation of a bus

9. A person who is or has been the operator of a bus service:

(a)

must retain any record required to be kept by the person under the Act or this Regulation for a period of not less than 2 years after the date of the last entry in it; and

(b)

must, on demand by an authorised officer, produce it for inspection; and

(c)

must, if required by the Director-General in writing to do so, deliver it to the Director-General when required.

Maximum penalty: 10 penalty units.

Third party property insurance

10. (1) The operator of a bus must maintain a policy of insurance
issued by an authorised insurer providing cover of at least $200,000

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against liability in respect of damage to property caused by or arising out

of the use of the bus.

Maximum penalty: 10 penalty units.

(2) In this clause, “authorised insurer” means a corporation authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business.

Division 2—Bus drivers

Driver to display driver’s authority card

11. (1) The driver of a bus must not drive the bus unless the appropriate driver’s authority card:

(a)

is contained in a holder firmly affixed to the interior of the bus; and

(b)

is displayed so that its face can be easily seen by any passenger in the bus.

Maximum penalty: 5 penalty units.

(2) The driver of a bus must not fail to produce the appropriate driver’s authority card for inspection by an authorised officer on demand made by the officer.

Maximum penalty: 5 penalty units.

Conveyance of passengers

12. (1) Subject to this clause, the driver of a bus:

(a)

must stop the bus and set down any passenger who indicates to the driver that the passenger wishes to leave the bus; and

(b)

must stop the bus and pick up any person who indicates to the driver that the person wishes to board the bus.

Maximum penalty: 5 penalty units.

(2) The driver of a bus must not stop the bus on a public street for the purpose of setting down or picking up passengers otherwise than close to and parallel with the side of the carriageway of the street.

Maximum penalty: 5 penalty units.

(3) The driver of a bus may refuse to stop the bus:

(a)

at any place at which stopping the bus would be unlawful or, in the opinion of the driver, unsafe; or

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(b) in the case of a bus operating along a route for which bus stops are indicated by signs, at any place other than a bus stop.

(4) The driver of a bus may refuse to stop the bus to set down a passenger if the bus has not yet reached the bus stop displayed on the bus as the first set down for passengers on the journey concerned.

(5) The driver of a bus may refuse to stop the bus to pick up a

passenger:

(a)

if by doing so the driver would contravene the provisions of clause 13 (Overloading) or 14 (Carriage of goods and animals); or

(b)

if the intending passenger is a person referred to in clause 41 (Luggage and soiled clothing) or 42 (Passengers who are intoxicated); or

(c)

if the bus has not yet reached the bus stop displayed on the bus as the first pick up for passengers on the journey concerned.

Overloading

13. (1) The driver of a bus must not:

(a) carry in the bus at any one time a greater number of passengers than the total number authorised to be carried, whether seated or standing; or
(b) carry at any one time in a single-decked bus (or on either deck of a two-decked bus) a greater number of passengers seated than the number authorised to be carried seated in the single-decked bus (or on that deck of the two-decked bus); or
(c) carry at any one time in a single-decked bus (or on the lower deck

of a two-decked bus) a greater number of passengers standing

than the number authorised to be carried standing.

Maximum penalty: 5 penalty units.

(2) In calculating the number of passengers being carried, the following persons are not to be taken into account:

(a) any child apparently under the age of 5 years who is being held on

the lap of a seated passenger;

(b)

of the children apparently under the age of 12 years (whether seated or standing), every third such child.

(3) For the purposes of subclause (2) (b), the following children are to

be ignored:

(a) children who are seated on single seats;

(b)

children who are seated on multiple seats that are designed (either by means of fixed armrests or seating places contoured for individual passengers) so as to be impracticable for use by more than the number of passengers for whom they are designed.

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(4) The operator of a bus must ensure that there is displayed on the bus, in a conspicuous position on the outside of the rear of the bus and in letters at least 25 mm high and of proportionate breadth, the number of passengers authorised to be carried on the bus, seating and standing respectively.

Maximum penalty: 5 penalty units.

(5) The number of passengers who, for the purposes of this clause, are authorised to be carried seated, or are authorised to be carried standing, is the appropriate number indicated by endorsement on the certificate of registration issued for the bus under the Traffic Act 1909.

Carriage of goods and animals

14. (1) The driver of a bus must not permit any person to place or carry in or on the bus any article that is of such size or has such dimensions that it cannot be accommodated in or on the bus without inconvenience to any other person.

Maximum penalty: 5 penalty units.

(2) The driver of a bus must not permit any person to place or carry in

or on the bus any dog, cat, bird or other animal.

Maximum penalty: 5 penalty units.

(3) Subclause (2) does not apply to:

(a)

a guide dog accompanying a person who is visually or aurally impaired; or

(b) a guide dog in training.

Passengers not to be carried on certain portions of a bus

15. The driver of a bus must not:

(a)

carry any passenger on any portion of the bus not set apart or intended for the conveyance of passengers; or

(b)

in the case of a two-decked bus, permit any passenger to stand on the upper deck of the bus; or

(c)

permit any person to occupy any portion of the driving seat or of the bus on the right-hand side of that seat and abreast of it; or

(d)

permit any person to be on any portion of the bus in front of the driving seat.

Maximum penalty: 5 penalty units.

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Drivers of buses on regular passenger services

16. The driver of a bus on a regular passenger service must drive the bus in accordance with the timetable and the route for the service as identified and published by the operator of the service.

Maximum penalty: 5 penalty units.

Behaviour of drivers

17. The driver of a bus must not do any of the following:
(a) smoke while the bus is conveying any passenger;
(b) solicit for passengers or for a hiring;

(c) move the bus while the doom are open;

(d)

negligently or wilfully start or cause the bus to be started so that any passenger or intending passenger in or on it or entering or alighting from it is subjected to the risk of injury.

Maximum penalty: 5 penalty units.

Dress and conduct of drivers

18. A driver of a bus must not fail to do the following:

(a) be clean and tidy and wear clean and respectable clothes;

(b)

behave in an orderly manner and with civility and propriety towards any passenger, intending passenger or authorised officer;

(c) comply with every reasonable requirement of any passenger.

Maximum penalty: 5 penalty units.

Driver to remain in bus

19. The driver of a bus must not, without reasonable excuse, leave the driving seat of the bus.

Maximum penalty: 5 penalty units.

PART 3—TICKETS

Validity of tickets

20. (1) A ticket is valid for travel only for the journey or journeys for which it is issued.

(2) A ticket transferred in contravention of clause 21 is not a valid

ticket.

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Tickets not transferable
(1) A person who is issued with a ticket must not transfer (or offer to transfer) the ticket, or a portion of the ticket, to another person.

21.

Maximum penalty: 5 penalty units. (2) This clause does not apply if: (a) the ticket was bought on behalf of that other person; or

(b) the transfer is authorised by the bus operator.

Alteration or defacement of tickets prohibited

22. A person must not, with intent to deceive, alter or deface a ticket

or make a ticket illegible (or, in the case of a ticket with a magnetic strip,
inoperative).

Maximum penalty: 5 penalty units.

Valid ticket required for travel

23. A person must not travel or attempt to travel in a bus without holding a valid ticket for the travel concerned.

Maximum penalty: 5 penalty units.

Concession tickets

24. (1) A person must not travel in a bus on the authority of a concession ticket unless the person is, by reason of his or her age, occupation or status, entitled to the concession ticket.

Maximum penalty: 5 penalty units.

(2) The driver of a bus or an authorised officer may direct a person:

(a)

who is travelling in a bus on the authority of a concession ticket; or

(b)

who makes a concession ticket available for inspection under clause 25; or

(c)

who offers a concession ticket for collection or processing under clause 26,

to produce evidence satisfactory to the driver or authorised officer, within
24 hours of the direction, that the person is entitled to the concession

ticket.

(3) A person to whom such a direction is given must comply with it.
Maximum penalty: 5 penalty units.

(4) A person may not be prosecuted for offences under both subclause

(1) and subclause (3) in relation to the same travel.

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(5) A person must not:
(a) in or in connection with an application for a concession ticket; or
(b) in purported compliance with a direction under this clause,

give any information or tender any document that contains a false or misleading particular with respect to the age, occupation or status of the person to whom the application or direction relates.

Maximum penalty: 5 penalty units.

Inspection of tickets

25. A person who is in a bus must make his or her ticket available for

inspection or processing by an authorised officer on that person’s request.

In the case of a return ticket, this requirement extends to making the
return half of the ticket available on the forward journey, if an authorised

officer so requests.

Maximum penalty: 5 penalty units.

Tickets to be offered for collection or processing
26. (1) A person must not, without reasonable excuse, board a bus without offering the person’s ticket for processing in accordance with this clause.

Maximum penalty: 5 penalty units.

(2) For the purposes of this clause, a person offers a ticket for processing:

(a) by putting it into automatic equipment provided to read or record

any details on the ticket; or

(b) by showing the ticket to an authorised officer on request.

(3) A person must offer his or her ticket for processing in the manner specified in subclause (2) (a), unless:

(a)

the person’s ticket is not designed for insertion in automatic equipment; or

(b) the bus concerned is not supplied with automatic equipment; or

(c)

the person has a reasonable excuse for not using the automatic equipment.

PART 4—CONDUCT OF PASSENGERS

Conduct generally

27. (1) A person must not in any bus wilfully interfere with the

comfort or safety of other persons.

Maximum penalty: 5 penalty units.

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(2) Without limiting subclause (l), a person who does any of the following interferes with the comfort or safety of other persons:

(a) puts feet on seats;
(b) spits;
(c) uses offensive language;
(d) behaves offensively;
(e) uses roller skates, roller blades or a skateboard.

Seating for aged or disabled people 28. (1) An operator may, by appropriate notices, set aside seating in a

bus f or persons who are aged or disabled.
(2) A person who is not aged or disabled must not continue to occupy a seat set aside for the aged or disabled if an aged or disabled person wanting to use the seat asks the person to vacate it.

Maximum penalty: 5 penalty units.

Drinking of alcohol generally prohibited

29. (1) A person must not drink any intoxicating liquor in any bus.

Maximum penalty: 5 penalty units.

(2) This clause does not apply if the liquor is supplied in the bus by, or

with the permission of, the bus operator.

Smoking, eating and drinking

30. (1) A person must not smoke in any bus or part of a bus in which smoking is prohibited by signs displayed in the bus or part, except with the written permission of the bus operator.

Maximum penalty: 5 penalty units.

(2) A person must not eat or drink in any bus or part of a bus in which

eating and drinking is prohibited by signs displayed in the bus or part,
except with the written permission of the bus operator.

Maximum penalty: 5 penalty units.

(3) Nothing in this clause prohibits a person from eating or drinking in a bus for medical reasons.

No unauthorised commercial activities

31. (1) A person must not carry on a commercial activity in any bus,

except with the written permission of the bus operator.

Maximum penalty: 5 penalty units.

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(2) For the purposes of this clause, a “commercial activity” means any one or more of the following:

(a) the sale or hire (or the offer of sale or hire) of any thing;
(b) the touting or soliciting for custom, hire or employment;

(c) the distribution of handbills to any person;

(d)

the soliciting of money from any person (whether by way of busking or otherwise).

Entry to and exit from buses

32. A person must not, without reasonable excuse, enter or leave a

bus:

(a) while the bus is in motion; or

(b) by getting through a window. Maximum penalty: 5 penalty units.

Limited stop buses

33.    (1) A person must not board a bus at a bus stop at which the bus is

not scheduled to pick up passengers. Maximum penalty: 5 penalty units.
(2) A person must not leave a bus at a bus stop at which the bus is not scheduled to set down passengers.

Maximum penalty: 5 penalty units.

No interference with bus equipment 34. (1) A person must not, without reasonable excuse:

(a)

interfere with any equipment attached to or forming part of a bus; or

(b) block a bus door; or
(c) open a locked bus door at any time; or
(d) open an unlocked bus door while the bus is in motion; or
(e) in any way interfere with an automatically operated bus door.

Maximum penalty: 5 penalty units.

(2) This clause does not apply to an authorised officer in the execution

of his or her duty.

Throwing objects

35. A person must not throw any object or thing in or from a bus.
Maximum penalty: 5 penalty units.

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No entry to driver’s compartment of bus

36. (1) A person must not enter the driver’s compartment of a bus.
Maximum penalty: 5 penalty units.

(2) This clause does not apply to an authorised officer in the execution

of his or her duty.

Travel not allowed on certain parts of a bus

37. (1) A person must not, without reasonable excuse, travel on any portion of a bus not intended for the conveyance of passengers.

Maximum penalty: 5 penalty units.

(2) Without limiting subclause (l), portions of a bus not intended for

the conveyance of passengers include the following:

(a) the roof, steps and footboard;

(b) the stairs of a double-decked bus.

Property not to be removed
38. (1) A person must not remove any property of the bus operator from any bus.

Maximum penalty: 5 penalty units.

(2) This clause does not apply to an authorised officer in the execution

of his or her duty.

No littering

39. A person must not in any bus:

(a) deposit any litter; or

(b) deposit any thing that may endanger any person or property,

otherwise than in a receptacle provided for that purpose.

Maximum penalty: 5 penalty units.

Animals
40. (1) A person must not take into or on any bus any dog, cat, bird or other animal, except with the consent of the driver of the bus.

Maximum penalty: 5 penalty units.

(2) Subclause (1) does not apply to:

(a)

a guide dog accompanying a person who is visually or aurally impaired; or

(b) a guide dog in training.

1995—No. 397

Luggage and soiled clothing

41. (1) If, in the opinion of the driver of a bus or an authorised officer, a person’s clothing or luggage (or any other thing on or carried by the person):

(a)

may soil or damage the bus or the clothing or luggage of other passengers; or

(b)

is of such a size or has such dimensions that it cannot be accommodated in the bus without inconvenience to other passengers,

the driver or authorised officer may direct the person not to enter or to

leave the bus.

(2) A person must not fail to comply with such a direction.

Maximum penalty: 5 penalty units.

Passangers who are intoxicated

42. (1) If, in the opinion of a driver or an authorised officer, a person:

(a) is under the influence of alcohol or any drug; and

(b)

is causing, or is likely to cause, a nuisance or annoyance to other passengers,

the driver or authorised officer may direct the person not to enter or to

leave any bus.

(2) A person must not fail to comply with such a direction.

Maximum penalty: 5 penalty units.

Leaving bus when directed

43. (1) If, in the opinion of the driver of a bus or an authorised officer, a person is committing an offence under this Part, the driver or authorised officer may direct the person to leave the bus.

(2) A person must not fail to comply with such a direction.

Maximum penalty: 5 penalty units.

Removal ofpersons from buses

44. A person who fails to comply with a direction under this Part to

leave a bus may be removed from the bus by a police officer.

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Lost property

45. (1) A person who finds any article in or on a bus:
(a) must return it to its owner; or
(b) must give it to the driver of the bus or an authorised officer.
Maximum penalty: 5 penalty units.
(2) Any article given to the driver of a bus or an authorised officer

under this clause is to be dealt with according to directions given by the Director-General and may, if the Director-General thinks fit, be disposed of in accordance with directions given in that behalf.

PART 5—MISCELLANEOUS

Drivers’ authority cards

46. (1) The Director-General may issue a driver’s authority card to the holder of an authority to drive a bus.

(2) A driver’s authority card must display:

(a) a photograph of the person; and

(b) the number of the authority; and

(c) the expiry date for the card.

(3) A driver’s authority card expires at midnight on the date specified on the card as the expiry date.

Appointment of bus stops

47. (1) The Director-General may appoint bus stops, to be indicated by signs erected or displayed with the approval of the RTA and on which the words “BUS STOP’’, “BUS STAND” or “BUS ZONE”, or some suitable pictorial representation, appear.

(2) An operator of a bus service may appoint bus stops, but only in accordance with a prior written approval of the RTA.

(3) If times are specified on a sign referred to in this clause, the sign

operates only during those times, but if no times are so specified the sign
operates at all times.

Change of address of operator or driver

48. The operator or driver of a bus must, within 7 days afier any

change of residential address or name, give written notice of the fact and

of the new address to the Director-General.

Maximum penalty: 5 penalty units.

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Misuse of authorities and authority cards

49.   (1) This clause applies to authorities to drive buses and to drivers’

authority cards.

(2) A person must not:

(a) alter or deface any authority or driver’s authority card; or (b) lend or part with any authority or driver’s authority card. Maximum penalty: 5 penalty units.

(3) An authority or driver’s authority card that has been altered or

defaced is void and may be returned to the Director-General for
replacement.

On the return of an authority or driver’s authority card, or on proof to the satisfaction of the Director-General that an authority or driver’s authority card has been destroyed, stolen or lost, the Director-General may cause a duplicate of it to be issued, and any such duplicate then becomes, for the purposes of the Act and this Regulation, the authority or driver’s authority card in respect of which the duplicate is issued, and the original authority or driver’s authority card becomes void.

(4)

Return of authorities

50. (1) The holder of an authority to drive a bus who has received notice of the variation, cancellation or suspension of the authority must immediately deliver the authority to the Director-General at an address specified in the notice.

Maximum penalty: 10 penalty units.

(2) The holder of an expired driver’s authority card must, on the receipt of a written notice from the Director-General, immediately deliver the card to the Director-General at an address specified in the notice.

Maximum penalty: 10 penalty units.

Buses registered interstate

51. A person must not carry on a bus service using a bus that is not registered under the Traffic Act 1909 unless there is displayed in the bus, in a manner and form approved by the Director-General, an indication that the person is an accredited bus operator.

Maximum penalty: 10 penalty units.

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Interstate bus drivers: exemption from sec. 11

52. (1) A person who holds a licence, permit or other authority:

(a) that allows the person to drive a public bus (that is, a bus that is used to provide a public passenger service) in some other State or Territory; and
(b) that is recognised by the Department of Transport for the purposes of this clause,

is exempt from the provisions of section 11 (1) of the Act, and so does not have to hold an authority under Division 2 of Part 2 of the Act in order to drive such a bus in New South Wales.

(2) This exemption does not apply in relation to journeys that take place wholly within New South Wales.

Fees 53. For the purposes of section 15 of the Act:

(a)

$100 is the prescribed fee for an application for accreditation as a bus operator; and

(b)

$20 is the prescribed fee for an application for an authority to drive a bus.

Service of notices
54. Any notice required to be served or given under this Regulation is sufficiently served on any person if it is:

(a) served personally; or

(b)

left at the last known place of residence or business of the person to be served; or

(c)

sent by prepaid letter or post to the person at the person’s last known place of residence or business (in which case notice is to be taken to be served on the date on which the letter would in the ordinary course of post be delivered to the place to which it is addressed).

Authorised officer may demand name and address

55. (1) An authorised officer who suspects that the driver of a bus, or a passenger in a bus, has contravened a provision of this Regulation may direct the person to provide his or her full name and residential address to the authorised officer.
(2) A person to whom such a direction is given must not fail to comply with the direction.

Maximum penalty: 2 penalty units.

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(3) A person is not guilty of an offence under this clause unless the

person was warned, when the direction was given, that failure to comply
with the direction would constitute an offence.

Penalty notice offences

56. For the purposes of section 59 of the Act:

(a)

each offence created by a provision specified in Column 1 of Schedule 1 is declared to be a penalty notice offence; and

(b)

the prescribed penalty for such an offence is the amount specified in Column 3 of Schedule 1.

Short descriptions

57. (1) For the purposes of section 145B of the Justices Act 1902, the

prescribed expression for an offence created by a provision specified in
Column 1 of Schedule 1 is:

(a) the expression specified in Column 2 of that Schedule; or

(b)

if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.

(2) For the purposes of any proceedings for an offence created by a

provision specified in Column 1 of Schedule 1, the prescribed expression for the offence is taken to relate to the offence created by the provision,
as the provision was in force when the offence is alleged to have been

committed.

(3) The amendment or repeal of a prescribed expression does not affect

the validity of any information, complaint, summons, warrant, notice,
order or other document in which the expression is used.

(4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.

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SCHEDULE 1—PENALTY NOTICE OFFENCES

(CII. 56, 57)

Part 1—Offences under the Passenger Transport Act 1990

Column 1 Column 2 Column 3
Provision Short description Penalty
Section 11 (1) Drive bus without appropriate authority ................. $200

Part 2—Offences under the Passenger Transport (Bus Services) Regulation

1995

Column 1 Column 2 Column 3
Provision Short description Penalty
Clause 21 (1) transfer ticket ..................................................... $100
Clause 22 alter/deface ticket/make ticket illegible/inoperative... $100
Clause 23 travel/attemplt to travel on bus while not in possession
of a ticket.......................................................... $100
Clause 24 (1 ) use concession ticket while not entitled................ $100
Clause 24 (3) fail to produce evidence of entitlement to concession $100
Clause 24 (5) supply false particulars for concession purposes..... $100
Clause 25 fail to make ticket available for inspection............ $100
Clause 26 (1) fail to offer ticket for processing .......................... $100
Clause 27 (1 ) wilfully interfere with comfort/safety of person on bus $100
Clause 28 (2) fail to vacate seat set aside for aged or disabled person $100
Clause 29 (1)
drink alcohol on bus ........................................... $100
Clause 30 (1)
smoke in prohibited place on bus......................... $100
Clause 30 (2) eat/drink in prohibited place on bus..................... $100
Clause 31 (1) carry out unauthorised commercial activity on bus. $100
Clause 32 enter/leave bus in motion/through window............. $100
Clause 33 ( l ) board bus at unscheduled stop............................. $100
Clause 33 (2) leave bus at unscheduled stop.............................. $100
Clause 34 ( 1) interfere with equipment on bus/block/unlock/open/
interfere with bus door........................................ $100

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Column 1 Column 2 Column 3
Provision Short description Penalty
Clause 35 throw object/thing in/from bus.............................. $100
Clause 36 (1) enter driver’s compartment of bus........................ $100
Clause 37 (1)
travel on portion of bus not intended for passengers..... $100
Clause 38 ( 1 ) remove property of bus operator from bus............ $100
Clause 39 deposit litter/dangerous thing in bus...................... $100
Clause 40 (1) take animal on bus without authority.................... $100
Clause 41 (2) fail to comply with direction not to enter/to leave bus
due to luggage/clothing...................................... $100

Clause 42 (2)

fail to comply with direction not to enter/to leave bus when intoxicated/on drugs/causing a nuisance/causing annoyance........................................................... $100

Clause 43 (2) fail to leave bus when directed............................ $100
Clause 45 (1) fail to return lost property/give lost property to
authorised officer................................................. $100

NOTES

TABLE OF PROVISIONS

PART 1—PRELIMINARY

1.       Citation

2.       Commencement

3.       Application

4.        Definitions

PART 2—OPERATION OF BUS SERVICES

Division 1—The bus operator

5 .       Condition of buses

6.       Timetables

7 .       School bus services

8 .       Records of drivers

9.        Retention of books and records in relation to the operation of a bus

10.       Third party property insurance

1995—No. 397

Division 2—Bus drivers

1 1 .       Driver to display driver’s authority card

12.       Conveyance of passengers

13.       Overloading

14.       Carriage of goods and animals

15.       Passengers not to be carried on certain portions of a bus

16.       Drivers of buses on regular passenger services

17.       Behaviour of drivers

18.       Dress and conduct of drivers

19.       Driver to remain in bus

PART 3—TICKETS

20.       Validity of tickets

21.       Tickets not transferable

22.
Alteration or defacement of tickets prohibited

23.       Valid ticket required for travel

24.       Concession tickets

25.       Inspection of tickets

26.
Tickets to be offered for collection or processing
PART 4—CONDUCT OF PASSENGERS

27.       Conduct generally

28.       Seating for aged or disabled people

29.       Drinking of alcohol generally prohibited

30.       Smoking, eating and drinking

31.        No unauthorised commercial activities

32.       Entry to and exit from buses

33.       Limited stop buses

34.        No interference with bus equipment

35.       Throwing objects

36.        No entry to driver’s compartment of bus

37.       Travel not allowed on certain parts of bus

38.       Property not to be removed

39.        N o littering

40.       Animals

41.       Luggage and soiled clothing

42.       Passengers who are intoxicated

43.       Leaving bus when directed

4 4 .       Removal of persons from buses

45.       Lost property

PART 5—MISCELLANEOUS

46.       Drivers’ authority cards

47.       Appointment of bus stops

48.       Change of address of operator or driver

49.       Misuse of authorities and authority cards

50.       Return of authorities

51.       Buses registered interstate

52.       Interstate bus drivers: exemption from sec. 11

53.       Fees

1995—No. 397

54.      Service of notices

55.       Authorised officer may demand name and address

56.      Penalty notice offences

57.      Short descriptions

SCHEDULE 1 —PENALTY NOTICE OFFENCES

EXPLANATORY NOTE

The object of this Regulation is to remake, with minor changes, the provisions of the Passenger Transport Regulation 1990 relating to bus services. The new Regulation deals

with the following matters:

(a)

the operation of Government and non-Government bus services (Part 2), including provisions relating to:

(i) bus operators (Division 1); and

(ii) bus drivers (Division 2);

(b) the issue, validity and inspection of bus tickets for non-Government bus services (Part 3);
(c) the conduct of passengers on buses operated by non-Government bus services

(Part 4);

(d) other matters of a minor, consequential or ancillary nature (Parts 1 and 5).

This Regulation is made under the Passenger Transport Act 1990, including section 63 (the general regulation making power) and sections 15 and 59.

Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.

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