Passenger Transport Act 1990 Passenger Transport (Private Hire Vehicle Services) Amendment (Sydney Airport) Regulation 2002 (2002-1001) [GG No 263 of 20.12.2002, p 10788] (NSW)
2002 No 1001
| Passenger Transport (Private Hire | New South Wales |
Vehicle Services) Amendment (Sydney
Airport) Regulation 2002
under the
Passenger Transport Act 1990
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Passenger Transport Act 1990.
CARL SCULLY, M.P.,
Minister for Transport
Explanatory note
The object of this Regulation is to make further provision for the safe, reliable and efficient operation of private hire vehicle services in the Sydney Airport precinct by:
| (a) | increasing the penalty applicable in respect of various offences involving private hire vehicles or drivers of private hire vehicles if the offence is committed in the Sydney Airport precinct, and |
| (b) | introducing new offences relating to the provision of private hire vehicle services in the Sydney Airport precinct. |
In respect of the following offences, the Regulation increases the maximum penalty that may be imposed by a court for the offence or the penalty applicable if the offence is dealt with by the issue of a penalty notice (or both), if the offence is committed by the driver of a private hire vehicle in the Sydney Airport precinct:
| (a) | the offence of failing to produce a driver authority card if required by an authorised officer, |
| (b) | the offence of failing to ensure that a private hire vehicle is clean and tidy, |
| Published in Gazette No 263 of 20 December 2002, page 10788 | Page 1 |
| [12] | |
| 2002 No 1001 | |
| Passenger Transport (Private Hire Vehicle Services) Amendment (Sydney Airport) Regulation 2002 | |
| Explanatory note | |
| (c) | the offence committed by a driver if he or she fails to be clean and tidy when driving the private hire vehicle as part of a private hire vehicle service, |
| (d) | the offence of touting or soliciting for passengers or hirings, |
| (e) | the offence of plying or standing a private hire vehicle for hire on any road or road related area. |
In addition, the following provisions will apply in relation to the Sydney Airport precinct:
| (a) | the driver of a private hire vehicle must comply with any request by an authorised officer for information as to whether the vehicle is hired and details of the hiring, |
| (b) | the driver of a private hire vehicle must comply with any direction given by an authorised officer in the Sydney Airport precinct requiring the driver to stop the private hire vehicle or to move the private hire vehicle in a particular direction or to a particular location, |
| (c) | the driver of a private hire vehicle must not set down or pick up passengers except in an area designated for that purpose by the Sydney Airport Corporation Limited. |
The Regulation also allows the following offences to be dealt with by issue of a penalty notice:
| (a) | the offence of failing to pick up or set down passengers close to and parallel with the side of the carriageway of a road or road related area, |
| (b) | the offence of obstructing or hindering an authorised officer. |
This Regulation is made under the Passenger Transport Act 1990, including sections 59 and 63 (the general regulation-making power).
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2002 No 1001
| Passenger Transport (Private Hire Vehicle Services) Amendment (Sydney | Clause 1 |
| Airport) Regulation 2002 |
Passenger Transport (Private Hire Vehicle Services)
Amendment (Sydney Airport) Regulation 2002
1 Name of Regulation
This Regulation is the Passenger Transport (Private Hire Vehicle
Services) Amendment (Sydney Airport) Regulation 2002.
2 Commencement
This Regulation commences on 20 December 2002.
3 Amendment of Passenger Transport (Private Hire Vehicle Services) Regulation 2001
The Passenger Transport (Private Hire Vehicle Services) Regulation
2001 is amended as set out in Schedule 1.
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2002 No 1001
Passenger Transport (Private Hire Vehicle Services) Amendment (Sydney
Airport) Regulation 2002
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 3 Definitions
Insert in alphabetical order:
Sydney Airport precinct means the area known as the Sydney Domestic Airport and the Sydney International Airport terminals and operation district, Sydney, bounded by Airport Drive, Qantas Drive, Joyce Drive, General Holmes Drive, Marsh Street and the M5 Motorway.
[2] Clause 16 Driver to produce driver’s authority card
Omit the maximum penalty. Insert instead:
Maximum penalty: 10 penalty units (in the case of an offence committed in the Sydney Airport precinct) or 5 penaltyunits (in any other case).
[3] Clause 17 Private hire vehicle to be clean
Omit the maximum penalty. Insert instead:
Maximum penalty: 10 penalty units (in the case of an offence committed in the Sydney Airport precinct) or 2 penalty units (in any other case).
[4] Clause 24 No touting or soliciting for passengers or hirings
Omit the maximum penalty from clause 24 (1). Insert instead:
Maximum penalty: 50 penalty units (in the case of an offence committed in the SydneyAirport precinct) or 5 penalty units (in any other case).
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2002 No 1001
Passenger Transport (Private Hire Vehicle Services) Amendment (Sydney
Airport) Regulation 2002
| Amendments | Schedule 1 |
[5] Clause 24 (2)
Omit the maximum penalty. Insert instead:
Maximum penalty: 50 penalty units (in the case of an offence committed in the SydneyAirport precinct) or 5 penalty units (in any other case).
[6] Part 3A
Insert after clause 30:
Part 3A SydneyAirport precinct—special provisions
30A Information on hirings to be supplied
(1) An authorised officer may require the driver of a private hire vehicle who is in the Sydney Airport precinct to answer questions relating to the following:
(a) whether the private hire vehicle is hired, (b) if the driver indicates that the private hire vehicle is hired, the details of that hiring. (2) The driver of a private hire vehicle must not, without reasonable excuse, fail to comply with a requirement made of the driver under this clause.
Maximum penalty: 10 penalty units.
(3) The driver of a private hire vehicle must not, in purported compliance with a requirement made under this clause, provide any information knowing that it is false or misleading in a material particular.
Maximum penalty: 10 penalty units.
30B Directions by authorised officers (1) An authorised officer may, for the purpose of ensuring that public passenger services are provided in the Sydney Airport precinct in a manner that is safe, reliable and efficient, direct the driver of a private hire vehicle in the Sydney Airport precinct, by means of a sign or by any other reasonable method:
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2002 No 1001
Passenger Transport (Private Hire Vehicle Services) Amendment (Sydney
Airport) Regulation 2002
| Schedule 1 | Amendments |
(a) to stop the private hire vehicle, or (b) to move the private hire vehicle in a particular direction or to a particular location in the SydneyAirport precinct. (2) The driver of a private hire vehicle must not, without reasonable excuse, fail to comply with a direction given to the driver under this clause.
Maximum penalty: 10 penalty units.
30C Private hire vehicles to pick up and set down in designated
areas only(1) The driver of a private hire vehicle must not, while in the Sydney Airport precinct, stop the vehicle for the purpose of setting down or picking up passengers except in a designated area.
Maximum penalty: 7 penalty units.
(2) In this clause:
designated area means an area in the Sydney Airport precinct designated by signs erected with the approval of the Sydney Airport Corporation Limited as an area for the setting down and picking up of passengers of private hire vehicles.
[7] Clause 45 Penalty notice offences
Omit clause 45 (1) (b). Insert instead:
(b) the prescribed penalty for such an offence is as follows:
(i) the amount specified in Column 2 of Schedule 1, unless subparagraph (ii) applies, (ii) in the case of an offence for which an amount is specified in Column 3 of Schedule 1, and that is an offence committed in the Sydney Airport precinct, the amount specified in Column 3 of Schedule 1.
[8] Clause 46 Short descriptions
Omit the clause.
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2002 No 1001
Passenger Transport (Private Hire Vehicle Services) Amendment (Sydney
Airport) Regulation 2002
| Amendments | Schedule 1 |
[9] Schedule 1 Penalty notice offences
Omit the Schedule. Insert instead:
Schedule 1 Penalty notice offences (Clause 45)
Part 1 Offences under Passenger Transport Act
1990
Column 1 Column 2 Column 3 Provision Penalty Penalty (Sydney Airport
precinct)
Section 37 (1) (a) $1,000 Section 37 (1) (b) $1,000 Section 38D (3) $500 Section 40 (2) $500 Section 53B (1) $500 Section 53B (2) $500 Section 56 $300 Part 2 Offences under Passenger Transport (Private Hire Vehicle Services) Regulation 2001
Column 1 Column 2 Column 3 Provision Penalty Penalty (Sydney Airport
precinct)
Clause 7 (4) $500 Clause 8 $150
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2002 No 1001
Passenger Transport (Private Hire Vehicle Services) Amendment (Sydney
Airport) Regulation 2002
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Provision Penalty Penalty (Sydney Airport
precinct)Clause 9 $200 Clause 10 (a) $200 Clause 10 (b) $200 Clause 11 (1) (a) $200 Clause 11 (1) (b) $200 Clause 11 (2) (a) $150 Clause 11 (2) (b) $200 Clause 12 (b) $200 Clause 12 (c) $200 Clause 12 (d) $200 Clause 13 (1) $300 Clause 16 $150 $750 Clause 17 $150 $750 Clause 18 (a) $200 Clause 18 (b) $200 Clause 19 $150 Clause 20 $100 Clause 21 (1) (a) $150 Clause 21 (1) (b) $150 Clause 21 (1) (c) $150 Clause 21 (1) (d) $200
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2002 No 1001
Passenger Transport (Private Hire Vehicle Services) Amendment (Sydney
Airport) Regulation 2002
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Provision Penalty Penalty (Sydney Airport
precinct)Clause 23 (a) $75 $750 Clause 23 (b) $200 Clause 23 (c) $150 Clause 24 (1) $150 $5,000 Clause 24 (2) $150 $5,000 Clause 25 (a) $750 $1,500 Clause 25 (b) $750 Clause 26 (1) (a) $150 Clause 26 (1) (b) $150 Clause 26 (2) $150 $300 Clause 28 (a) $150 Clause 29 (a) $150 Clause 29 (b) $150 Clause 30 (1) $100 Clause 30 (3) $100 Clause 30A (2) Not applicable $750 Clause 30A (3) Not applicable $750 Clause 30B (2) Not applicable $750 Clause 30C (1) Not applicable $500 Clause 31 (a) $200 Clause 31 (b) $200
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2002 No 1001
Passenger Transport (Private Hire Vehicle Services) Amendment (Sydney
Airport) Regulation 2002
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Provision Penalty Penalty (Sydney Airport
precinct)Clause 32 (1) $150 Clause 33 (2) $100 Clause 34 (2) $100 Clause 35 (2) $100 Clause 36 $100 Clause 37 (4) $300 Clause 39 (a) $150 Clause 39 (b) $150 Clause 41 (2) (a) $150 Clause 41 (2) (b) $150
BY AUTHORITY
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