Passenger Transport Regulation 2007 (NSW)
This Regulation is the Passenger Transport Regulation 2007.
This Regulation commences on 1 September 2007.
This Regulation remakes, as a single Regulation, five Regulations under the Passenger Transport Act 1990. Those Regulations are repealed on 1 September 2007 by section 10 (2) of the Subordinate Legislation Act 1989.
In this Regulation:
(a) a driver protection screen, a duress alarm system, a security camera system or a vehicle tracking device—means complying with requirements established for the time being by TfNSW by order published in the Gazette, and
(b) a network uniform—means a uniform of a design and colour scheme approved by RMS in connection with the network.
(a) if the hiring is not a multiple hiring, the amount chargeable for the hiring in accordance with the fare determined (or the arrangement for remuneration approved) by TfNSW under section 60A of the Act (including any applicable night-time surcharge), or
(b) if the hiring is a multiple hiring—75% of the amount referred to in paragraph (a).
(a) the distance rate (including any applicable night-time surcharge), or
(b) the waiting time,
as appropriate, plus flag fall.
(a) that are authorised pursuant to a statutory rule under the Road Transport Act 2013 for use for the purpose of conducting inspections and tests of registrable vehicles, and
(b) at which there works a motor mechanic who is authorised by RMS to inspect, test and assess taxi-cabs for compliance with the Manual of Inspection Standards for Taxi-Cabs.
(a) in relation to a bus or tourist service vehicle—a holder of an authority under section 11 of the Act,
(b) in relation to a ferry—the ferry master,
(c) in relation to a taxi-cab—an authorised taxi-cab driver,
(d) in relation to a private hire vehicle—an authorised private hire vehicle driver within the meaning of section 36A of the Act.
(a) Division 2 of Part 2 of the Act (in the case of an authority to drive a public passenger vehicle that is not a ferry, taxi-cab or private hire vehicle), or
(b) Division 5 of Part 4 of the Act (in the case of an authority to drive a taxi-cab), or
(c) Division 5 of Part 4A of the Act (in the case of an authority to drive a private hire vehicle).
(a) complies with the Australian Design Rules under the Motor Vehicle Standards Act 1989 of the Commonwealth category definition for off-road passenger vehicles (MC vehicles), and
(b) does not have side-facing seats.
(a) by means of a taxi-cab booking service, or
(b) from a taxi zone, or
(c) by the hailing of a taxi-cab on the street, or
(d) by means of a telephone call made to the driver of a taxi-cab.
(a) motor cycles (LC vehicles),
(b) motor cycles and side-cars (LD vehicles),
(c) motor tricycles (LE vehicles).
(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 for which the bus is used, and
(c) in relation to a tourist service, the person who is accredited under Division 1 of Part 2 of the Act to operate the service, and
(d) in relation to a tourist service vehicle, the person who is accredited under Division 1 of Part 2 of the Act to operate the tourist service for which the tourist service vehicle is used, and
(e) in relation to a ferry service, the person who carries on the service, and
(f) in relation to a ferry, the person who carries on the ferry service for which the ferry is used, and
(g) in relation to a private hire vehicle service, the accredited private hire vehicle operator, and
(h) in relation to a private hire vehicle, the accredited private hire vehicle operator of the private hire vehicle service to which the private hire vehicle belongs, and
(i) in relation to a taxi-cab service, the accredited taxi-cab operator, and
(j) in relation to a taxi-cab, the accredited taxi-cab operator of the taxi-cab service to which the taxi-cab belongs.
(a) a receiver referred to in section 31G (b) of the Act,
(b) a radio or television set that is used solely to receive public radio or television broadcasts,
(c) a mobile phone,
(d) any other device approved from time to time by TfNSW by order published in the Gazette.
(a) a member of CPA Australia who holds a Public Practice Certificate issued by CPA Australia, or
(b) a member of the Institute of Chartered Accountants in Australia who holds a Certificate of Public Practice issued by that Institute, or
(c) a member of the Institute of Public Accountants who holds a Professional Practice Certificate issued by that Institute.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Notes included in this Regulation do not form part of this Regulation.
This Regulation does not apply to the conduct of a road-ferry service that is under the control of a roads authority under the Roads Act 1993.
In this Part, the
An applicant for accreditation under any of the following Divisions of the Act must meet, to the satisfaction of RMS, the standards set forth in this Division:
(a) Division 1 of Part 2 (concerning accreditation to carry on a bus service, a four-wheel drive tourist service or a motor cycle tourist service),
(b) Division 3 of Part 4 (concerning accreditation to carry on a taxi-cab service),
(c) Division 3 of Part 4A (concerning accreditation to carry on a private hire vehicle service).
Operators of ferry services are not required to be accredited—see section 7 (1) of the Act. See section 15A of the Act for the exclusion of taxi-cabs and private hire vehicles from the operation of section 7.
Clause 202 provides that four-wheel drive tourist service vehicles and motor cycle tourist service vehicles are taken to be public passenger vehicles for the purposes of the Act, and further provides that the provisions of the Act apply to those vehicles.
If the applicant is a corporation, the directors or managers of the corporation who are nominated as designated directors or managers under section 7, 35 or 41 of the Act (as the case may require) must meet, to the satisfaction of RMS, the standards set forth in this Division (other than the standards specifically to be met by corporate applicants).
The applicant must be of good repute.
Evidence of the applicant’s good repute is to be provided in the form of references from 2 persons (being persons, excluding employees of the applicant, of any class approved by RMS) who have known the applicant for at least 2 years.
This clause does not apply to an applicant for accreditation to carry on a public passenger service by means of a taxi-cab or a private hire vehicle.
Section 7 of the Act provides that a purpose of accreditation is to attest that an applicant is considered to be of good repute. Section 8 of the Act requires RMS to have regard to the purpose of accreditation when granting an accreditation.
The applicant must be a fit and proper person to carry on the relevant service.
The applicant must declare in writing that the applicant is aware of the following:
(a) accreditation will be refused if the applicant is disqualified, under Part 2D.6 (Disqualification from managing corporations) of the Corporations Act, from managing corporations,
(b) accreditation may be refused if the applicant (or a director or manager of an applicant corporation) has been the subject of proceedings under section 588G (Director’s duty to prevent insolvent trading by company) or 592 (Incurring of certain debts; fraudulent conduct) of the Corporations Act,
(c) if the applicant:
(i) is the director of a company that has been, or is in the course of being, wound up under Part 5.4 (Winding up in insolvency) of the Corporations Act, or
(ii) discloses any convictions or charges in accordance with subclause (3),
RMS may, for the purpose of determining the applicant’s fitness to be an operator, cause any investigation that RMS considers appropriate to be made into the winding up, conviction or charge concerned.
The applicant must give RMS written notice of the following:
(a) full details of all offences of which the applicant has been convicted (in any jurisdiction) at any time during the 5 years immediately preceding the date of the application,
(b) full details of all alleged offences with which the applicant has been charged (in any jurisdiction) but only if, as at the date of the application, proceedings are pending in respect of the charge.
If there are no convictions or pending proceedings against the applicant, the applicant must give RMS a written statement to that effect.
Subclause (2) does not apply to an applicant for accreditation to carry on a public passenger service by means of a taxi-cab or private hire vehicle.
Section 7 of the Act provides that a purpose of accreditation is to attest that an applicant is considered to be of good repute and in all other respects fit and proper to be responsible for the operation of a public passenger service. Section 8 of the Act requires RMS to have regard to the purpose of accreditation when granting an accreditation.
The applicant must demonstrate that the applicant has the necessary knowledge and competence to carry on the relevant service.
In particular, the applicant must:
(a) satisfy RMS as to the applicant’s knowledge of the following:
(i) the relevant provisions of the Act and this Regulation,
(ii) other laws relating to traffic,
(iii) the relevant provisions of the Work Health and Safety Act 2011,
(iv) if the application is for accreditation to carry on a taxi-cab service—the laws relating to bailment of motor vehicles, and
(b) if required to do so by RMS, undertake and successfully complete (or pass an examination in respect of) such course relating to the operation of the relevant service as is approved by TfNSW and conducted by a registered training organisation, or a higher education institution approved by TfNSW.
This clause does not apply to an applicant for accreditation to carry on a public passenger service by means of a taxi-cab or private hire vehicle.
The applicant must be financially capable of carrying on the relevant service.
Evidence of the applicant’s financial standing is to be provided in the form of a signed statement from a qualified accountant (other than an employee of the applicant), on the accountant’s business letterhead, containing the following:
(a) a report on the applicant’s financial capacity to carry on the relevant service, with specific reference to the applicant’s financial ability to meet the requirements of this Regulation and other relevant laws as to:
(i) vehicle maintenance and roadworthiness, and
(ii) the safety of drivers, passengers and the public, and
(iii) the operation of a business,
(b) a statement specifying the number of public passenger vehicles that, in the opinion of the accountant, can be accommodated by the service proposed to be carried on by the applicant,
(c) if the applicant is a corporation—a statement of the accountant’s opinion as to the solvency and general financial standing of the corporation.
Subclause (2) does not apply to an applicant for accreditation to carry on a public passenger service by means of a taxi-cab or private hire vehicle.
The applicant must have access to adequate maintenance facilities for the vehicles intended to be used to provide the relevant service.
The applicant must provide RMS with full details of the premises at which the vehicles will normally be kept when not in use.
Subclause (2) does not apply to an applicant for accreditation to carry on a public passenger service by means of a taxi-cab or private hire vehicle.
An applicant for accreditation to carry on a public passenger service by means of one or more buses must also provide RMS with a copy of an approval from the relevant council to keep the buses required for the service at the premises specified by the applicant in compliance with clause 11 (2).
Subclause (1) does not apply in the case of an application for renewal of accreditation by a person who is an accredited service operator on the commencement of this clause.
The fee for the consideration of an application for accreditation to carry on a taxi-cab service (referred to in section 31A (2) of the Act) is $45.
The fee for a renewal of an accreditation to carry on a taxi-cab service (referred to in section 31C (2) of the Act) is as follows:
(a) if no taxi-cabs are managed by the accredited taxi-cab operator at a date to be determined by RMS that occurs during the period during which the accreditation is in force (the
assessment date )—$260,(b) if one or more taxi-cabs are managed by the accredited taxi-cab operator at the assessment date—$5 for each week of the period during which the accreditation to be renewed has been in force, multiplied by the number of taxi-cabs managed at the assessment date.
An accreditation referred to in subclause (2) can be renewed only if the fee for the renewal is paid before the end of the period during which the accreditation is in force.
The fee for the consideration of an application for accreditation to carry on a private hire vehicle service (referred to in section 38A (2) of the Act) is $45.
The fee for a renewal of an accreditation to carry on a private hire vehicle service (referred to in section 38C (2) of the Act) is $45.
Fees relating to accreditations to carry on public passenger services by means of buses and other vehicles (except for ferries) may be fixed by TfNSW by order published in the Gazette: see sections 9A, 15 and 15A of the Act.
For the purposes of sections 9B (1) (a), 31D (1) (b) and 38D (1) (a) of the Act, compliance with the requirements of this Division is prescribed as a condition to which an accreditation to carry on a relevant service is subject.
For the purposes of this Division,
The operator of a relevant service must ensure that:
(a) the vehicles used to provide the service at all times meet the requirements of the law as to registration and vehicle safety and roadworthiness, and
(b) each person engaged to drive a vehicle used to provide the service:
(i) holds an appropriate driver licence, and
(ii) holds an appropriate driver authority.
The operator of a relevant service (other than an accredited taxi-cab operator or an accredited private hire vehicle operator) must have, and adhere to, a public passenger vehicle maintenance plan that:
(a) is consistent with the maintenance standards of the manufacturer of the vehicles used to provide the service, and
(b) specifies the steps taken to ensure that the vehicles are roadworthy, and
(c) specifies the way in which the vehicles are maintained, and
(d) specifies the way in which any defects are to be recorded and rectified, and
(e) is capable of being audited.
An accredited taxi-cab operator or an accredited private hire vehicle operator must:
(a) maintain the vehicles used to provide the service in a way that is consistent with the maintenance standards of the manufacturer of the vehicles used to provide the service, and
(b) keep records of the maintenance that are capable of being audited.
The operator of a relevant service must not carry out maintenance on, or repairs to, a vehicle used to provide the service, and must not permit any other person to do so, unless the person carrying out the maintenance or repairs is licensed under the Motor Dealers and Repairers Act 2013 to carry out the work concerned.
Subclause (2) applies even if the person who is to carry out the work concerned is exempted under section 5 of the Motor Dealers and Repairers Act 2013 from the operation of all or any of the provisions of that Act.
However, for the purposes of subclause (2),
(a) adding approved oils or other fluids to engines, transmissions, differentials, power steering reservoirs, windscreen washer reservoirs, master cylinders, radiators or batteries,
(b) changing engine, transmission and differential oils,
(c) changing engine oil filters and fuel filters,
(d) carrying out general lubrication,
(e) changing spark plugs,
(f) changing wheels and tyres,
(g) changing light bulbs,
(h) replacing seats and floor coverings,
(i) replacing external rear vision mirrors.
The operator of a relevant service must ensure that the interior, exterior and fittings of the vehicles used to provide the service are, at all times during which the vehicles are being used to provide the service, clean and undamaged and (in the case of fittings) duly fitted, securely in place, in good condition and fully operational.
Without limiting subclause (1), the interior, exterior and fittings of a vehicle include the following:
(a) the vehicle body and the door panels,
(b) the wheels and the bumper bars,
(c) the trim,
(d) the seats, seat covers and floor covers,
(e) the interior lights,
(f) any device or equipment that is fitted to the vehicle (whether or not it is required by or under the Act to be fitted).
(g) (Repealed)
This clause does not apply to an accredited taxi-cab operator or an accredited private hire vehicle operator.
Maximum penalty: 10 penalty units.
The operator of a relevant service must notify RMS in writing of any of the following changes:
(a) a change of address of the premises from which the service is carried on,
(b) a change of address of the premises at which the vehicles used to provide the service are kept.
The notification is to be given no later than 7 days after the change.
A person who is or has been an accredited operator:
(a) must keep in the English language any record required to be kept by the person under the Act or this Regulation in a form that is capable of being audited, and
(b) unless otherwise provided by this Regulation, must retain the record for a period of at least:
(i) in the case of a bus service—5 years after the date of the last entry in it, and
(ii) in any other case—2 years after the date of the last entry in it, and
(c) must, on demand by an authorised officer, produce it in written form for inspection, and
(d) must, if required by RMS in writing to do so, deliver it to RMS when required.
Maximum penalty: 10 penalty units.
An accredited operator must, whenever reasonably required to do so by RMS, undertake and satisfactorily complete (or pass an examination in respect of) such course, or refresher course, relating to the operation of the relevant service as is approved by TfNSW and conducted by a registered training organisation, or a higher education institution approved by TfNSW.
Maximum penalty: 10 penalty units.
RMS may:
(a) suspend an accreditation issued to an accredited operator pending the satisfactory completion of (or the passing of an examination in respect of) such a course, or
(b) determine (either generally or in a particular case) that an accreditation issued to an accredited operator will be renewed only on the satisfactory completion of (or on the passing of an examination in respect of) such a course.
This clause does not apply to an accredited taxi-cab operator or an accredited private hire vehicle operator.
An accredited operator must keep a record in written or electronic form of the following particulars for each person who drives a vehicle used to provide the relevant service while the vehicle is being used for that purpose:
(a) the person’s full name and residential address,
(b) the dates and times during which the vehicle was driven by the person,
(c) the person’s driver authority number (that is, the number allocated by RMS and displayed on the person’s driver authority card) and the date of expiry of the person’s driver authority card,
(d) the person’s driver licence number and the date of expiry of the licence.
Maximum penalty: 10 penalty units.
An accredited operator (unless otherwise notified in writing by RMS) must ensure that there is maintained one or more policies of insurance providing cover of at least $5,000,000 for each public passenger vehicle used to provide the relevant service against liability in respect of damage to property caused by or arising out of the use of the vehicle.
The policies must be issued by a corporation authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business.
Subclauses (1) and (2) do not apply to an accredited taxi-cab operator or an accredited private hire vehicle operator.
See sections 32G and 39G of the Act for insurance requirements relating to taxi-cabs and private hire vehicles, respectively. See also clause 131 of this Regulation.
An accredited operator must provide an authorised officer, on request, with evidence that the operator’s policies of insurance are current.
Maximum penalty: 10 penalty units.
An accredited operator must, on written request by RMS and within the time specified in the request, provide evidence, in the form specified in clause 10 (2), of the operator’s continuing financial capacity to carry on the relevant service.
RMS may, having regard to the purposes of accreditation, at any time vary, suspend or cancel a person’s accreditation—see sections 10, 31F and 38E of the Act.
RMS is not to make a request under this clause unless RMS believes on reasonable grounds that the accredited operator may no longer be financially capable of carrying on the relevant service.
This clause does not apply to an accredited taxi-cab operator or an accredited private hire vehicle operator.
If the operator of a public passenger service becomes aware of any apparent change in the physical or mental condition of a driver of a public passenger vehicle operated by the operator that may detrimentally affect the driver’s ability to drive public passenger vehicles safely, the operator must furnish RMS with written details of the apparent change within 48 hours after becoming aware of it.
Maximum penalty: 10 penalty units.
An accredited operator must not suffer or permit any person other than:
(a) a designated director or manager (if the accredited operator is a corporation), or
(b) another accredited operator (if the accredited operator is not a corporation),
to operate, manage, supervise or administer the relevant service (except for, in the case of a corporation, a person appointed under any law to manage the affairs of the corporation).
Maximum penalty: 50 penalty units.
An accredited operator must not permit a vehicle used to provide the relevant service to be driven if:
(a) the expiry date or expiry time of a non-compliance notice issued to the operator or a non-compliance label affixed to the vehicle has passed, or
(b) the operator is aware that a non-compliance label has been unlawfully removed from the vehicle.
Maximum penalty: 10 penalty units.
For the purposes of section 63 (3) of the Act, a person who carries on a private hire vehicle service is exempt from the requirement to hold an accreditation to carry on the service and from any provisions of the Act or this Regulation relating to compliance with the conditions of any such accreditation if:
(a) the person was not the holder of an accreditation for the service immediately before the commencement of this clause, and
(b) the person holds an authority to drive a private hire vehicle, and
(c) the person complies with the provisions of clauses 15, 16, 18, 19, 25 and 26 as if the person were an accredited operator.
A person is only the subject of an exemption while the conditions of the exemption are complied with (ie the person who does not comply is committing the offence of carrying on a public passenger service without an accreditation).
An accreditation to carry on a taxi-cab service, or an accreditation to carry on a private hire vehicle service that was in force immediately before the commencement of this clause, may be renewed under this clause without an application being made to RMS.
An accreditation renewed under this clause is taken to be renewed on the date that it would otherwise expire for a term expiring on 31 December 2016 or another day determined by RMS in accordance with section 31C (1) or 38C (1) of the Act.
A person who holds an accreditation that is renewed under this clause is exempt from the requirement to pay the renewal fee fixed under clause 13.
This clause does not prevent:
(a) a person from surrendering an accreditation, or
(b) RMS taking action to vary, suspend or cancel an accreditation.
In this Part,
The following categories of driver authorities are created under sections 11 (3) and 33 (4) of the Act:
(a) authorities to drive buses,
(b) authorities to drive tourist service vehicles (other than buses),
(c) authorities to drive taxi-cabs,
(d)–(f) (Repealed)
(g) authorities to drive other public passenger vehicles (not being private hire vehicles) of the kind specified in the authority.
Section 40 of the Act provides for the issue of driver authorities in respect of private hire vehicles. Section 40 (4) permits the regulations to create categories or grades of such authorities. However, at the commencement of this Regulation, no such categories or grades have been created.
A driver may be issued with an authority which is valid for any one of the above categories or for any combination of them (whether or not in combination with an authority to drive private hire vehicles).
For the purposes of sections 12 (2), 33B (2) and 40B (2) of the Act, the criteria that an applicant for an authorisation to drive a public passenger vehicle must meet before the application is granted are the criteria set out in subclauses (2)–(4A).
The applicant for a driver authority (other than an authority to drive a taxi-cab or a private hire vehicle):
(a) must be at least 20 years of age, and
(b) must hold a driver licence that is not a learner licence, probationary licence, provisional licence, restricted licence, driver licence receipt or conditional licence (other than a conditional licence the sole condition of which is that the holder must wear corrective lenses at all times while driving), and
(c) must have held an Australian driver licence for a total of at least 12 months in the 2 years immediately preceding the date of the application, and
(d) must have passed an examination or assessment, at a level determined by TfNSW, in medical fitness, and
(e) must satisfy RMS that he or she:
(i) may lawfully work in Australia, and
(ii) is of good repute and in all other respects a fit and proper person to be the driver of the vehicle concerned, and
(iii) has sufficient responsibility to drive the vehicle concerned in accordance with law and custom.
In the case of an application for authorisation to drive buses, the applicant must also have successfully completed a bus driver training course approved by TfNSW and conducted by a registered training organisation (or must have such competence as a driver of buses as RMS considers appropriate).
An applicant for an authority to drive a taxi-cab:
(a) must hold a driver licence that is not a learner licence, probationary licence, provisional licence, restricted licence or conditional licence (other than a conditional licence the sole condition of which is that the holder must wear corrective lenses at all times while driving), and
(b) must have held an Australian driver licence for a total of at least 12 months in the 2 years immediately preceding the date of the application, and
(c) must have passed an examination or assessment, at a level determined by TfNSW, in medical fitness, and
(d) must have passed an examination or assessment, at a level determined by TfNSW, in both written and oral communication in the English language (or must have such competence in that language as RMS considers equivalent to that level).
Section 33 of the Act provides that a purpose of a driver authority for a taxi-cab driver is to attest that the holder is considered to be of good repute and in all other respects fit and proper to be the driver of a taxi-cab. Section 33B of the Act requires RMS to have regard to the purpose of authorisation when granting an authorisation.
An applicant for an authority to drive a private hire vehicle:
(a) must hold a driver licence that is not a learner licence, probationary licence, provisional licence, restricted licence or conditional licence (other than a conditional licence the sole condition of which is that the holder must wear corrective lenses at all times while driving), and
(b) must have held an Australian driver licence for a total of at least 12 months in the 2 years immediately preceding the date of the application, and
(c) must have passed an examination or assessment, at a level determined by TfNSW, in medical fitness.
Section 40 of the Act provides that a purpose of a driver authority for a private hire vehicle driver is to attest that the holder is considered to be of good repute. Section 40B of the Act requires RMS to have regard to the purpose of authorisation when granting an authorisation.
In this clause:
(a) a driver licence, or
(b) a licence issued under a law in force in a State or internal Territory authorising the holder to drive a motor vehicle on a road or road related area, being a licence that is not a learner licence, probationary licence, provisional licence, restricted licence, driver licence receipt or conditional licence (other than a conditional licence the sole condition of which is that the holder must wear corrective lenses at all times while driving).
See clause 237 for the TfNSW’s power to exempt certain applicants from the requirement that they hold driver licences.
The fee for the consideration of an application for authorisation to drive taxi-cabs (referred to in section 33A (2) of the Act) is $45.
The fee for a renewal of an authority to drive taxi-cabs (referred to in section 33C (2) of the Act) is $45.
The fee for the consideration of an application for authorisation to drive private hire vehicles (referred to in section 40A (2) of the Act) is $45.
The fee for a renewal of an authority to drive private hire vehicles (referred to in section 40C (2) of the Act) is $45.
Fees relating to authorisations to drive buses and other public passenger vehicles (except for ferries) may be fixed by TfNSW by order published in the Gazette: see sections 11A, 15 and 15A of the Act.
RMS may issue a driver authority card to a person who is authorised to drive a public passenger vehicle.
A driver 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.
A driver authority card:
(a) may display such additional information or endorsement as RMS considers appropriate (either generally or in a particular case), and
(b) is to be in a form approved by RMS.
A driver authority card expires at midnight on the date specified on the card as the expiry date.
A person’s authority to drive public passenger vehicles and driver authority card do not have any effect, either for the purposes of the Act or for the purposes of this Regulation, while the person’s driver licence is cancelled, suspended or expired, or while the person is otherwise disqualified from driving a motor vehicle.
A person must not:
(a) alter or deface any driver authority card, or
(b) lend or part with any driver authority card, or
(c) fraudulently obtain a driver authority card, or assist another person to obtain such a card fraudulently, or
(d) make, supply or use a counterfeit driver authority card.
Maximum penalty: 10 penalty units.
A driver authority card that has been altered or defaced is void and may be returned to RMS for replacement.
On the return of a driver authority card, or on proof to the satisfaction of RMS that a driver authority card has been destroyed, stolen or lost, RMS may cause a duplicate of it to be issued.
Before issuing a duplicate driver authority card, RMS may require:
(a) proof of the identity of the person seeking the duplicate, and
(b) a new photo of the person to be supplied for display on the card.
Any duplicate driver authority card issued under this clause becomes, for the purposes of the Act and this Regulation, the driver authority card in respect of which the duplicate is issued, and the original driver authority card, if it is not already void, becomes void.
This clause applies to a person who holds a driver authority and who is an exempt private hire vehicle operator.
It is a condition of the driver authority to drive a private hire vehicle that the person complies with the conditions of the exemption.
A driver authority to drive a taxi-cab or a private hire vehicle, that was in force immediately before the commencement of this clause, may be renewed under this clause without an application being made to RMS.
An authority renewed under this clause is taken to be renewed on the date that it would otherwise expire for a term expiring on 31 December 2016 or another day determined by RMS in accordance with section 33C (1) or 40C (1) of the Act.
A person who holds an existing authority is exempt from the requirement to pay the renewal fee fixed under clause 30.
This clause does not prevent:
(a) a person from surrendering a driver authority, or
(b) RMS taking action to vary, suspend or cancel a driver authority.
This Part specifies the obligations that are common to all drivers of public passenger vehicles (other than ferry masters). See also the additional obligations of drivers of buses (Division 3 of Part 7), taxi-cabs (Division 2 of Part 8) and private hire vehicles (Division 2 of Part 9).
In this Part,
The driver of a public passenger vehicle must:
(a) behave in an orderly manner and with civility and propriety towards any passenger, intending passenger, driver of another public passenger vehicle or authorised officer, and
(b) comply with every reasonable requirement of an authorised officer or passenger.
Maximum penalty: 50 penalty units.
The driver of a public passenger vehicle (other than a taxi-cab or a private hire vehicle) must be clean and tidy and wear clean and tidy clothes (including enclosed shoes) when driving the vehicle for the purpose of providing a public passenger service.
Maximum penalty: 10 penalty units.
The driver of a public passenger vehicle must not eat or drink in the vehicle while the vehicle is hired or available for hire, or is otherwise in use as a public passenger vehicle.
Maximum penalty: 5 penalty units.
Nothing in this clause prohibits a driver of a public passenger vehicle from eating or drinking in the vehicle for medical reasons.
This clause does not apply to the driver of a taxi-cab or a private hire vehicle.
The driver of a public passenger vehicle must ensure that the vehicle is clean and tidy.
This clause does not apply to the driver of a taxi-cab or a private hire vehicle.
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).
(Repealed)
The driver of a public passenger vehicle must not drive the vehicle if:
(a) the expiry date or expiry time of a non-compliance label affixed to the vehicle has passed, or
(b) the driver is aware that a non-compliance label has been unlawfully removed from the vehicle.
Maximum penalty: 10 penalty units.
The driver of a public passenger vehicle must not:
(a) move the vehicle while any door is open, or
(b) negligently or wilfully move or drive or cause the vehicle to be moved or driven so that any person is subjected to the risk of injury.
Maximum penalty: 50 penalty units.
The driver of a public passenger vehicle (other than a taxi-cab or a private hire vehicle) must not permit any person to place or carry in or on the vehicle any article that is of such size or has such dimensions that it cannot be accommodated in or on the vehicle without inconvenience or danger to any other person.
Maximum penalty: 2 penalty units.
The driver of a public passenger vehicle (other than a taxi-cab or a private hire vehicle) must not permit any person to place or carry in or on the vehicle any dog, cat, bird or other animal unless it is suitably confined in a box, basket or other container.
Maximum penalty: 2 penalty units.
Subclause (2) does not apply to an assistance animal or an assistance animal in training.
The driver of a public passenger vehicle other than a motor cycle must not refuse to carry an assistance animal or an assistance animal in training in or on the vehicle.
Maximum penalty: 10 penalty units.
A driver of a public passenger vehicle who is given lost property under this Regulation or who finds such property must, within 24 hours after being given or finding the property:
(a) if the driver is the driver of a taxi-cab that is connected to an authorised taxi-cab network—give the property to the owner of the property or to the authorised taxi-cab network provider of the network to which the driver’s taxi-cab is connected, or
(b) in all other cases—give the property to the owner of the property, to the accredited operator of the public passenger service or to a police officer at a police station.
This clause does not apply to the driver of a taxi-cab or a private hire vehicle.
Maximum penalty: 5 penalty units.
The driver of a public passenger vehicle must, whenever reasonably required to do so by RMS, undertake and satisfactorily complete (or pass an examination in respect of) any one or more of the following training courses, being a training course approved by TfNSW and conducted by a registered training organisation:
(a) a public passenger vehicle driver training course,
(b) a public passenger vehicle driver training refresher course,
(c) a training course concerning the driving of public passenger vehicles in specified places, or in specified circumstances, or in both (for example, a course concerning the driving of public passenger vehicles in the Kosciuszko National Park during winter).
RMS may:
(a) suspend a driver’s authorisation to drive public passenger vehicles pending the satisfactory completion of (or the passing of an examination in respect of) such a course, or
(b) determine (either generally or in a particular case) that a driver’s authorisation to drive public passenger vehicles will be renewed only on the satisfactory completion of (or on the passing of an examination in respect of) such a course.
This clause does not apply to the driver of a taxi-cab or a private hire vehicle.
The driver of a public passenger vehicle must, in accordance with this clause, furnish RMS with written details of the following:
(a) any alleged offence (other than a parking offence) with which the driver is charged by a police officer,
(b) any penalty notice issued to the driver in respect of an alleged offence (other than a parking offence) that relates to the driving of a motor vehicle.
Maximum penalty: 10 penalty units.
If, on the commencement of this clause:
(a) proceedings against a driver of a public passenger vehicle in respect of an offence referred to in subclause (1) (a) are pending, or
(b) a penalty notice of the kind referred to in subclause (1) (b) is in force against a driver of a public passenger vehicle,
the relevant details are to be furnished within 48 hours after that commencement.
In the case of a charge that is laid by a police officer, or a penalty notice relating to the driving of a motor vehicle that is issued, on or after the commencement of this clause (other than a charge or a penalty notice in respect of a parking offence), the details are to be furnished within 7 days after the laying of the charge or the issue of the notice.
The driver of a public passenger vehicle must, at the request of an authorised officer, hand his or her driver licence to the authorised officer for inspection.
Maximum penalty: 5 penalty units.
In this clause:
(a) is occupying the driver seat of a vehicle that is on a road or road related area, or
(b) is otherwise apparently in charge of such a vehicle.
The driver of a public passenger vehicle must, at the request of an authorised officer, hand the appropriate driver authority card to the officer for inspection.
Maximum penalty: 10 penalty units (in the case of an offence committed by the driver of a bus, taxi-cab or private hire vehicle in the Sydney Airport precinct) or 5 penalty units (in any other case).
On attaining the age of 60 years and from then on at intervals of 12 months, the driver of a public passenger vehicle must, at the driver’s own expense, furnish RMS with a certificate from a medical practitioner containing the medical practitioner’s assessment, in accordance with any requirements of RMS, of the driver’s medical condition.
Maximum penalty: 10 penalty units.
RMS may, by notice in writing, require a driver of a public passenger vehicle to attend a medical practitioner specified in the notice, by a date specified in the notice, for the purposes of undergoing a medical fitness examination.
The driver of a public passenger vehicle must (in so far as the driver is capable of doing so) furnish RMS, within 48 hours after any change in the physical or mental condition of the driver of which the driver is aware that may affect the driver’s ability to drive public passenger vehicles safely, with written details of the change.
Maximum penalty: 10 penalty units.
In this Part:
(a) a rail infrastructure manager, or
(b) a rolling stock operator, or
(c) a person who is both a rail infrastructure manager and a rolling stock operator.
In this Part, a reference to a bus or ferry is a reference to a bus or ferry used to provide a public passenger service.
An authorised officer is not liable for an offence under this Part for anything done in the course of the officer’s duty.
A person must not, in or on a public passenger vehicle or train or in a public area:
(a) behave in an offensive manner, or
(b) use any offensive language, or
(c) wilfully interfere with the comfort or safety of other persons, or
(d) put his or her feet, or either of them, on a seat, or
(e) spit.
Maximum penalty: 10 penalty units.
A person must not smoke in or on any public passenger vehicle or train or in any public area.
Maximum penalty: 5 penalty units.
This clause does not apply to a part of a public area in or on which smoking is permitted by signs displayed by or with the authority of the operator of the public passenger service or the rail transport operator concerned.
In this clause:
A passenger must not eat or drink in any taxi-cab.
Maximum penalty: 5 penalty units.
A person must not drink any alcohol on any bus, ferry or train or in any public area.
Maximum penalty: 10 penalty units.
Subclause (2) does not apply if the alcohol was supplied by, or with the permission of, the operator of the bus or ferry or the rail transport operator of the train concerned.
A passenger must not eat or drink on any bus, ferry or train (or part of a bus, ferry or train) in which eating and drinking is prohibited by signs displayed, by or with the authority of the operator of the bus or ferry or the rail transport operator concerned, in the bus, ferry or train (or part), except with the written permission of the operator or the permission of an authorised officer.
Maximum penalty: 5 penalty units.
However, nothing in this clause prohibits a person from drinking water, or from eating or drinking for medical reasons, in or on a public passenger vehicle or train.
In this clause,
A person must not take into or on any public passenger vehicle or any train intended for the conveyance of passengers any dog, cat, bird or other animal:
(a) in the case of a public passenger vehicle—unless the animal is suitably confined in a box, basket or other container, and
(b) in the case of a train—except under the conditions imposed by the rail transport operator of the relevant railway for the conveyance of the animal.
Maximum penalty: 5 penalty units.
A person must not allow an animal under the person’s care or control on, or to stray onto, railway premises unless the animal is being taken onto or from a train in accordance with the conditions referred to in subclause (1).
Maximum penalty: 5 penalty units.
Subclauses (1) and (2) do not apply in respect of an assistance animal or an assistance animal in training.
A person must not, without the permission of an authorised officer, take a dog onto any part of a station, or have a dog in his or her charge on a station, unless the dog is under the person’s direct physical control by means of a lead, chain or frame (such as those used to control assistance animals) or otherwise.
Maximum penalty: 5 penalty units.
A person must not have any of the following in his or her possession on any public passenger vehicle, train, any part of railway premises or any part of monorail works:
(a) any petrol or substance containing petrol,
(b) any vehicle, article or other thing that contains petrol or a substance containing petrol.
Maximum penalty: 10 penalty units.
Subclause (1) does not apply to:
(a) an employee of the operator of a public passenger service or a rail transport operator in the execution of the employee’s duty, or
(b) a person authorised by the operator of a public passenger service or a rail transport operator.
A person must not, without reasonable excuse, have in his or her possession on any public passenger vehicle, train, any part of railway premises or any part of monorail works any thing intended for use in damaging property.
Maximum penalty: 10 penalty units.
A driver of a public passenger vehicle or train or an authorised officer may direct a person to leave, or not to enter, a public passenger vehicle or train if the driver or authorised officer is of the opinion that:
(a) the person’s body, clothing or luggage (or any other thing on or carried by the person):
(i) may soil or damage the public passenger vehicle or train or the clothing or luggage of other passengers, or
(ii) is of such a size or has such dimensions that it cannot be accommodated in the public passenger vehicle or train without inconvenience or danger to other passengers or to the driver, or
(b) the person is otherwise causing, or is likely to cause, inconvenience to other passengers or to the driver of the public passenger vehicle or train (whether because the person is under the influence of alcohol or another drug, or for any other reason), or
(c) the person is committing an offence under this Regulation in or on the public passenger vehicle or train, or
(d) the person is committing an offence under section 4 of the Graffiti Control Act 2008 in relation to the public passenger vehicle or train.
An authorised officer may direct a person to leave, or not to enter, railway premises or monorail works if the authorised officer is of the opinion that:
(a) the person is causing, or is likely to cause, inconvenience to other persons on those railway premises or monorail works (whether because the person is under the influence of alcohol or another drug, or for any other reason), or
(b) the person is committing an offence under this Regulation in or on those railway premises or monorail works, or
(c) the person is committing an offence under section 4 of the Graffiti Control Act 2008 in relation to any part of the infrastructure of a railway or any property on those railway premises or monorail works.
A person who is given a direction under subclause (1) or (2) must comply with it.
Maximum penalty: 10 penalty units.
A person who has been directed to leave a public passenger vehicle, train, railway premises or monorail works must not, without a reasonable excuse, re-enter the public passenger vehicle, train, railway premises or monorail works within 2 hours of the direction being given.
Maximum penalty: 10 penalty units.
A person who refuses or fails to comply with a direction given under this clause may be removed from the relevant public passenger vehicle, train, premises or monorail works by an authorised officer.
A person who finds any article that appears to be lost in or on a public passenger vehicle must:
(a) return the article to its owner, or
(b) give it to the driver of the public passenger vehicle, an employee of the operator of the public passenger service concerned or an authorised officer.
Maximum penalty: 5 penalty units.
A person who finds any article that appears to be lost in a train or any public area must:
(a) return it to its owner, or
(b) give it, or report its location, to an employee of the relevant rail transport operator or an authorised officer.
Maximum penalty: 5 penalty units.
A rail transport operator must develop and implement procedures that comply with this clause for dealing with any lost property that is found in a train or any public area for which the operator is responsible.
Maximum penalty: 5 penalty units.
Those procedures are to include (but are not limited to) procedures involving:
(a) the keeping of registers of:
(i) lost property that is found, and
(ii) enquiries as to lost property, and
(b) the keeping of written records as to when and how lost property, when found, is to be returned or disposed of.
Those procedures must be capable of being audited.
A person must not:
(a) without reasonable excuse, interfere with any equipment attached to, or forming part of, a public passenger vehicle or train, or
(b) wilfully damage any part of a public passenger vehicle or train.
Maximum penalty: 50 penalty units.
A person (other than the owner of the property concerned) must not, without reasonable excuse, remove from any public passenger vehicle or train any property of the driver or operator of the vehicle or train or of the crew of the vehicle or train.
Maximum penalty: 10 penalty units.
A person must not in or on any public passenger vehicle or train or in any public area:
(a) deposit any litter otherwise than in a receptacle provided for that purpose, or
(b) deposit any thing that may endanger any person or property.
Maximum penalty: 10 penalty units.
A person must not abandon any building material on any train, any part of a railway, any railway premises or any part of monorail works.
Maximum penalty: 10 penalty units.
A person must not, without reasonable excuse:
(a) throw any thing in or from a public passenger vehicle or train or any station, light rail stop or any other part of the rail infrastructure, or
(b) throw any thing at a public passenger vehicle or train or any station, light rail stop or any other part of the rail infrastructure, or
(c) drop any thing on or towards a public passenger vehicle or train or any station, light rail stop or any other part of the rail infrastructure.
Maximum penalty: 20 penalty units.
A person must not destroy or damage any public passenger vehicle or train, any rail infrastructure or any property on railway premises or monorail works.
Maximum penalty: 20 penalty units.
Offences relating to graffiti are contained in Part 2 of the Graffiti Control Act 2008.
A person must not:
(a) light a fire on, or
(b) bring any burning substance into or onto, or cause a burning substance to be brought into or onto, or
(c) throw or drop any burning substance on or from, or cause any burning substance to be thrown or dropped on or from,
any public passenger vehicle or train, any part of a railway or any railway premises or monorail works.
Maximum penalty: 10 penalty units.
The driver of a public passenger vehicle must take such action as is appropriate (for example, contacting the operator or the police for help) if the driver believes on reasonable grounds that the conduct of a passenger is endangering the safety of any person.
A passenger must not carry on a commercial activity on any bus, ferry or train or public area except with the written permission of the bus, ferry or railway operator concerned.
Maximum penalty: 5 penalty units.
For the purposes of this clause, a
(a) the sale or hire (or the offer for sale or hire) of any thing to a person who is present on the bus, ferry or train or in the public area concerned,
(b) the touting or soliciting for custom, hire or employment if it is directed at one or more persons who are present on the bus, ferry or train or in the public area concerned,
(c) the distribution of handbills to any person,
(d) the soliciting of money (whether by way of busking or otherwise) from any person who is present on the bus, ferry or train or in the public area concerned.
A passenger must not, without reasonable excuse:
(a) enter or leave a ferry except at a place designated by the ferry operator for passengers to enter or leave the ferry, or
(b) enter or leave a train operated on a railway other than a light rail system—except at a place designated by the rail transport operator of the railway for persons to enter or leave the train, or
(c) enter or leave a train operated on a railway that is a light rail system—except at the side of the train adjoining the light rail stop designated by the rail transport operator for persons to enter or leave the train, or
(d) enter or leave a bus, ferry or train:
(i) while the bus, ferry or train is in motion, or
(ii) by getting through a window, or
(e) enter or leave a station, platform or other work or premises connected with a railway otherwise than by a place designated by the rail transport operator of the railway for entry or exit.
Maximum penalty: 5 penalty units.
A passenger must not, without the permission of an authorised officer:
(a) board a bus at a bus stop at which the bus is not scheduled to pick up passengers, or
(b) board a ferry used for a regular ferry service or a long-distance ferry service at a ferry wharf at which the ferry is not scheduled to pick up passengers, or
(c) board a train at a station at which the train is not scheduled to pick up passengers.
Maximum penalty: 5 penalty units.
A passenger must not, without the permission of an authorised officer:
(a) leave a bus at a bus stop at which the bus is not scheduled to set down passengers, or
(b) leave a ferry used for a regular ferry service or a long-distance ferry service at a ferry wharf at which the ferry is not scheduled to set down passengers, or
(c) leave a train at a station at which the train is not scheduled to set down passengers.
Maximum penalty: 5 penalty units.
A passenger must not, without reasonable excuse, travel on any portion of a bus, ferry or train not intended for the conveyance of passengers.
Maximum penalty: 5 penalty units.
Without limiting subclause (1):
(a) the portions of a bus not intended for the conveyance of passengers include the roof, steps and footboard and the stairs of a double-decker bus, and
(b) the portions of a train not intended for the conveyance of passengers include the engine or locomotive, the roof, steps and footboard and the stairs of a double-decker train.
A passenger must not stand on the top deck of a double-decker bus otherwise than in the course of entering or exiting the top deck.
Maximum penalty: 5 penalty units.
A passenger must not sit or stand on the side rails of a ferry (whether or not the ferry is moving).
Maximum penalty: 5 penalty units.
A person who is on a train must not, without reasonable excuse:
(a) protrude any part of the person’s body from an open door or window of the train, or
(b) touch any building, structure or other object outside the train with any part of the person’s body or with an object.
Maximum penalty: 5 penalty units.
A passenger must not enter the driver’s compartment of a bus, ferry or train.
Maximum penalty: 10 penalty units.
A passenger must not:
(a) enter the crew compartment of a ferry without the permission of the driver of the ferry or an authorised officer, or
(b) remain in the crew compartment of a ferry after having been requested to leave the compartment by the driver of the ferry or an authorised officer.
Maximum penalty: 10 penalty units.
A passenger must not:
(a) enter any crew compartment of a train without the permission of an authorised officer, or
(b) remain in the crew compartment of a train after having been requested to leave the compartment by an authorised officer.
Maximum penalty: 10 penalty units.
A passenger on a bus must not:
(a) hinder the driver of the bus in the exercise of the driver’s functions, or
(b) distract the driver of the bus in a manner that is likely to affect the driving of the bus.
Maximum penalty: 10 penalty units.
A passenger must not, without reasonable excuse:
(a) interfere with any equipment attached to or forming part of a bus, ferry or train, or
(b) interfere with any part of a security camera system or duress alarm system fitted to a bus in accordance with clause 82 or cause or permit any such interference, or
(c) block a bus door or train door, or
(d) open a locked bus door or train door at any time, or
(e) open an unlocked bus door while the bus is in motion, or
(f) open an unlocked train door (other than an internal door or a door between carriages) while the train is moving, or
(g) in any way interfere with an automatically operated bus door or train door, or
(h) use the public address or other communications system of a ferry.
Maximum penalty: 50 penalty units.
A person must not, without reasonable excuse, do any of the following:
(a) use the public address system of a train or on a station or at a light rail stop,
(b) use any other communications system or information system of a train or on a station or at a light rail stop or on any other part of the infrastructure of a railway, or any emergency help point for passengers, for a purpose other than the purpose for which it is provided,
(c) apply or release any brake on a train,
(d) use or interfere with any emergency or safety equipment on a station or at a light rail stop or on any other part of the infrastructure of a railway,
(e) operate or otherwise interfere with any electrical or mechanical apparatus or device that is on railway premises or is attached to, or forms part of, any train or any part of monorail works,
(f) throw any article or thing at or towards, or otherwise interfere with, any electricity supply line or any electrical or mechanical apparatus on railway premises or situated on or about, or attached to, any part of monorail works.
Maximum penalty: 50 penalty units.
In this clause,
A person must not, without reasonable excuse:
(a) obstruct any ferry facility or facility in a public area, or
(b) hinder (whether by obstruction or by any other means) another person’s use of any ferry facility or facility in a public area.
Maximum penalty: 10 penalty units.
Without limiting subclause (1):
(a) ferry facilities include the following:(i) the entrance to a ferry wharf,
(ii) the exit from a ferry wharf,
(iii) stairways and escalators on, or leading to, a ferry wharf,
(iv) the gangplank between a ferry and a ferry wharf, and
(b) facility in a public area includes the following:(i) the entrance to a station or light rail stop,
(ii) the exit from a station or light rail stop,
(iii) stairways and escalators at a station or light rail stop, and
(c) a person who sits on a stairway on a ferry, or on a stairway on or leading to a ferry wharf, is taken to hinder another person’s use of ferry facilities.
A person must not, while in any public area:
(a) ride on a travelling handrail of an escalator, or
(b) without reasonable excuse, move while on an escalator in a direction opposite to that in which it is travelling, or
(c) without reasonable excuse, convey any goods on an escalator or in a lift, or
(d) without reasonable excuse, interfere in any manner with an escalator or lift or the working of an escalator or lift.
Maximum penalty: 5 penalty units.
In this clause,
A passenger must not use a scooter or skateboard, or roller blades or roller skates, or the like, on a bus, ferry or train.
Maximum penalty: 5 penalty units.
A person must not drive a vehicle or use a scooter or skateboard, or roller blades or roller skates or the like on or along:
(a) a platform or a pathway, subway or other way on railway premises, or
(b) any part of monorail works used in connection with a station and set apart for the exclusive use of pedestrians.
Maximum penalty: 5 penalty units.
This clause does not apply:
(a) to vehicles designed to carry persons unable to walk or who have difficulty in walking (such as motorised wheelchairs or mobility scooters), or
(b) to a motorised trolley being used by an employee of the operator of the public passenger service or the rail transport operator concerned in the execution of his or her duty.
A person on railway premises who is not on a train must not touch, or attempt to touch, any part of a moving train with any part of the person’s body or with an object.
Maximum penalty: 5 penalty units.
An operator of a bus service or ferry service or a rail transport operator may, by appropriate notices, set aside seating on a bus, ferry or train for persons who are aged or have a disability.
A person who is not aged and does not have a disability must not continue to occupy a seat on a bus, ferry or train set aside as referred to in subclause (1) for the aged and persons with disabilities if the person has been asked by another person who wants to use the seat and is aged or has a disability (or by someone on their behalf) to vacate the seat.
Maximum penalty (subclause (2)): 5 penalty units.
A person must not, while proceeding on foot in any public area, proceed at a pace or in a manner that may cause injury or damage or that may endanger any person or property.
Maximum penalty: 5 penalty units.
A person who uses a gate at a railway crossing, or any other gate set up at the side of the railway, must shut and securely fasten the gate immediately after use.
Maximum penalty: 5 penalty units.
A person must not, without reasonable excuse, go onto or into, or remain on or in:
(a) the restricted area of a station, or
(b) any running lines or associated part of any rail infrastructure, or
(c) any workshops forming part of rail infrastructure, or
(d) any offices or administrative areas of a railway, or
(e) any other railway premises or any monorail works.
Maximum penalty: 50 penalty units.
Subclause (1) does not apply to a person who has the permission of the rail transport operator of the railway to enter the railway premises or the monorail works concerned.
An authorised officer who has reason to believe that a person is committing an offence under subclause (1) may direct the person to leave the restricted area of the station, running lines, associated part of the rail infrastructure, workshop, office or administrative area, railway premises or monorail works concerned.
A person must comply with a direction given to the person under subclause (3).
Maximum penalty (subclause (4)): 5 penalty units.
A person must not enter the monorail envelope, or cause or permit anything to enter the monorail envelope, otherwise than:
(a) for the purpose of entering or leaving or travelling in a monorail train, or
(b) in accordance with an approval granted by a person authorised to do so by the operator of the monorail.
Maximum penalty: 5 penalty units.
In this clause,
The rail transport operator of a railway may, by notice exhibited conspicuously on or near a railway road bridge or other railway structure, fix a vehicle’s maximum loaded mass, maximum axle load or other load limit in respect of the bridge or structure.
A person must not drive on or over a railway road bridge or other railway structure a vehicle whose loaded mass, axle load or other load exceeds the maximum limit so fixed and notified unless:
(a) the person has obtained the written permission of the rail transport operator of the railway concerned to do so, and
(b) the vehicle is driven in conformity with any conditions determined by the rail transport operator in respect of it.
Maximum penalty: 5 penalty units.
In this clause, a reference to a railway road bridge or other railway structure is a reference to a bridge or other structure that is provided for the purpose of enabling vehicles to cross a running line.
A person must not leave a bicycle on railway premises or any part of monorail works or chained or otherwise attached to any building, fence or other railway installation on railway premises or any part of monorail works, except in a cloak room, parcels office or other place designated by the rail transport operator of the relevant railway for that purpose.
Maximum penalty: 5 penalty units.
A person must not, except with the permission of an authorised officer, travel on a train on which booking is compulsory without holding:
(a) both a valid ticket for the travel concerned and a reservation for a sleeping berth or seat, or
(b) a combined travel and reservation ticket.
Maximum penalty: 5 penalty units.
This clause does not apply to a person who is travelling with another person who holds a valid ticket and reservation, or a combined travel and reservation ticket (or tickets and reservations, or combined travel and reservation tickets) authorising, for both persons, travel on the train concerned.
A person is not liable to be punished under both this clause and clause 77A (1) in respect of the same travel.
In this clause,
The rail transport operator of a railway may, by an appropriate notice attached to (or in the vicinity of) a seat in a train used on the railway, reserve the seat for a passenger.
An authorised officer may direct a person to leave a seat reserved for another person if the officer is not satisfied that the person is occupying the seat with the permission of either the person for whom it is reserved or an authorised officer.
A person must comply with a direction given to the person under this clause.
Maximum penalty (subclause (3)): 5 penalty units.
A person must not, except with the permission of an authorised officer, occupy a sleeping berth on a train:
(a) other than the berth allotted to the person, or
(b) without holding or having delivered up on the train a sleeping berth ticket or other receipt for the fare for the berth.
Maximum penalty: 5 penalty units.
An authorised officer may direct a person contravening subclause (1) to leave the berth.
A person must comply with a direction given to the person under this clause.
Maximum penalty (subclause (3)): 5 penalty units.
A person must not cross or drive a vehicle over a running line except by means of a railway crossing, bridge or subway constructed for that purpose.
Maximum penalty: 10 penalty units.
This clause does not apply to or in respect of:
(a) an employee of a rail transport operator in the execution of the employee’s duty, or
A person who, immediately before the commencement of this subclause, was an authorised officer appointed by TfNSW to exercise functions relating to public passenger services carried on by means of a bus is taken from that commencement to be an authorised officer appointed by RMS until such time as RMS revokes the appointment.
For the purposes of section 46W (6) of the Act, the following classes of persons are prescribed:
(a) members of staff of Sydney Trains,
(b) members of staff of NSW Trains,
(c) persons employed by RailCorp,
(d) persons employed in the Independent Transport Safety Regulator Division of the Government Service,
(e) persons employed in the State Transit Authority Division of the Government Service,
(f) persons employed to work on a train operated on a railway that is a light rail system (and related railway premises), by an entity that is under contract with TfNSW to operate the light rail system or by a subcontractor of such an entity.
For the purposes of section 62A of the Act, the following persons are prescribed:
(a) persons employed in the State Transit Authority Division of the Government Service,
(b) persons employed in the Roads and Maritime Services Division of the Government Service.
Any act, matter or thing done or omitted to be done by the Director-General of the Department of Transport, the Department of Transport or RMS relating to a transferred function that had effect immediately before the commencement of the amending Regulation continues to have effect as if it had been done by the transferee authority.
In this clause:
Any act, matter or thing that had effect under any of the following Regulations immediately before the repeal of the Regulation concerned is taken to have effect under this Regulation:
(a) the Passenger Transport (Bus Services) Regulation 2000,
(b) the Passenger Transport (Ferry Services) Regulation 2000,
(c) the Passenger Transport (General) Regulation 2000,
(d) the Passenger Transport (Private Hire Vehicle Services) Regulation 2001,
(e) the Passenger Transport (Taxi-cab Services) Regulation 2001.
(Clauses 82 (3) and 114 (4))
In this Schedule:
(a) an activity referred to in section 18 (a)–(d) of the Workplace Surveillance Act 2005,
(b) the prosecution of, or the issue of a penalty notice in respect of, an offence under the Act, this Regulation or the Crimes Act 1900 committed in or about a bus or a taxi-cab,
(c) ensuring an operator’s compliance with the operator’s conditions of accreditation,
(d) ensuring a driver’s compliance with the driver’s conditions of authorisation,
(e) ensuring a passenger’s compliance with any approved scheme of subsidised travel (as referred to in section 39 of the Transport Administration Act 1988).
(a) any electronically stored information from which a recorded image can be generated, and
(b) any print-out or other reproduction of the recorded image.
A person must not use a video recording made by a security camera system for a purpose other than an authorised purpose.
Maximum penalty: 20 penalty units.
The operator of a bus or taxi-cab service must ensure that signs are conspicuously placed within and on the outside of a bus or taxi-cab (as appropriate) that is fitted with a security camera system, advising persons that they may be under video surveillance while in or about the bus or taxi-cab concerned.
Maximum penalty: 5 penalty units.
The operator of a bus or taxi-cab service must cause:
(a) such security safeguards as TfNSW may specify from time to time by notice published in the Gazette in relation to a bus service or a taxi-cab service (or both a bus service and a taxi-cab service), and
(b) such other security safeguards as are reasonable in the circumstances,
to be taken, to ensure that any video recordings made by a security camera system are protected against misplacement and against use for unauthorised purposes, until disposed of in accordance with clause 5.
Maximum penalty: 5 penalty units.
The operator of a bus or taxi-cab service must cause any video recording made by a security camera system to be disposed of in accordance with subclause (2) within 30 days after the recording was made.
Maximum penalty: 5 penalty units.
The recording may be disposed of by destroying it by deletion or otherwise or, if it is to be used for an authorised purpose, by giving it to:
(a) a police officer, or
(b) an officer authorised by RMS to receive it.
It is the duty of the Commissioner of Police or RMS (as the case requires) to ensure the destruction of any video recording that was given to a police officer or to an officer authorised by RMS and which is no longer to be used for an authorised purpose.
Subclause (1) does not apply in respect of a video recording made during the installation or testing of the security camera.
Nothing in this Schedule affects the operation of the Workplace Surveillance Act 2005.
(Clause 111)
A taxi-meter:
(a) must be constructed of durable materials, and
(b) must have a unique identification number that is permanently stamped or otherwise marked on it, and
(c) must be provided with attachments that enable it to be installed as required by Part 2 (Location and installation of meters), and
(d) must be capable of displaying the authorised fare as required by Part 3 (Recording and display of meters), and
(e) must have suitable holes or lugs at each point at which disassembly or adjustment is possible so as to permit sealing of the meter as required by Part 4 (Sealing of meters).
There must be provision for illumination of the face of the meter.
A taxi-meter that is installed for the first time on or after the commencement of this clause:
(a) must include a sealed clock (capable of automatic adjustment for daylight saving for the purposes of the night-time surcharge) and calendar that are capable of activating, at a particular time and date, any fares that have been programmed into the meter, and
(b) must be capable of storing post-dated fare changes to be activated at a designated time and date.
This clause reflects an administrative requirement that has been in place since March 2007.
A taxi-meter (other than a taxi-meter that is installed for the first time on or after the commencement of clause 2) may be operated either mechanically or electronically.
Each part of the controlling mechanism of the meter must be in sound working condition.
A taxi-meter must be securely fixed to the instrument panel of the taxi-cab on the left side of the driver’s seating position.
The meter must face the interior of the taxi-cab.
The controls of the meter must be within easy reach of the driver.
A taxi-meter must not be located in any position, or installed in any way, in which it is likely to cause injury to the driver or any passenger during normal operation of the taxi-cab or in the event of severe acceleration or deceleration.
See Vehicle Standard (Australian Design Rule 21/00—Instrument Panel) 2006 in the Federal Register of Legislative Instruments of the Commonwealth. The function of that Rule is to specify requirements for instrument panels of vehicles so as to reduce their injury potential to occupants on impact.
The meter and its associated equipment must not obstruct or otherwise interfere with the operation of the taxi-cab’s driving controls.
A taxi-meter must be so located and installed that its identification number (as required by clause 1 (1) (b)) is visible without any necessity to remove or dismantle the meter.
A taxi-meter must be so located and installed that the seals required by Part 4 may be fixed and inspected without any necessity to use tools to remove the meter or any of its panels or covers.
If a taxi-meter is electrically operated, it must be connected in such a way that power is supplied to the meter whenever power is supplied to the ignition system of the taxi-cab (or, if the taxi-cab has a diesel engine, whenever fuel is available to the combustion chamber of the engine).
The meter may be directly wired to the taxi-cab’s battery, but only if there is no switch in the part of the circuit connecting the meter and the battery.
A taxi-meter must display the authorised fare for any hiring of the taxi-cab.
The meter is to record and indicate increments in the fare in units of not more than 10 cents.
The meter must not, at any time, compute or display a fare that exceeds the authorised fare.
A taxi-meter must display the word “Fare”, together with words or numerals (or both) indicating the amount of the authorised fare and its division into dollars and cents, prominently on the face of the meter in any of the ways shown in Figure 1 following this subclause.
Any words or numerals indicating anything other than the authorised fare, and displayed in such a manner as may be construed to be a fare, must not be displayed continuously for any period exceeding eight seconds at a time.
It is sufficient compliance with subclause (2) if the display flashes on and off at a rate of at least 60, but not more than 120, cycles per minute after having been displayed continuously for a period not exceeding eight seconds.
The design and construction of a taxi-meter must be such that, if the meter is stopped, the meter:
(a) will continue to display any fare then registered, and
(b) will not be capable of computing any additional fare until it is restarted.
If the meter is restarted, the meter:
(a) must add any fare computed after the restart to the original fare, and
(b) display the total fare.
A taxi-meter must be proofed against inaccuracies that could arise from any external sources, including fluctuations in its electrical supply, electromagnetic radiation and magnetic fields.
The accuracy of the fare display must be such that, when the meter is tested in accordance with Part 5:
(a) in the case of a moving taxi-cab—the authorised fare for the length of the test course (consisting of the distance rate for that length, plus the flag fall, specified in, or calculable from, the notice under section 60A of the Act that is current at the time of the test) is first displayed on the meter at the point within the section of the test course bounded by the course’s “Finish” and “1% Slow” marks, and
(b) in the case of a taxi-cab that is on hire but stationary—the meter displays a fare that is the pro rata equivalent (with 5% tolerance in favour of a notional hirer), when measured to the nearest second, of the amount per hour specified for waiting time in the notice under section 60A of the Act that is current at the time of the test, plus the flag fall specified in, or calculable from, that notice.
A taxi-meter (regardless of when installed) must be lead-sealed in accordance with this Part.
Although more than one seal may be needed to satisfy the requirements of this Part, at least one such seal must be visible to a passenger sitting in the front of the taxi-cab.
A taxi-meter must be sealed in the following way (as illustrated by the drawings in Figure 2 to this clause):
(a) a length of two-strand, twisted copper (or equivalent) wire must be stretched to remove any kinks,
(b) the wire must then be threaded through the appropriate holes in, or around the appropriate lugs on, the meter and its connections so as to prevent:
(i) any interference with the fare display or fare schedule appropriate to the taxi-cab’s area of operation or calibration, and
(ii) the removal of the meter from the taxi-cab,
without breaking the seal or sealing wire,
(c) a standard-issue lead seal must then be threaded onto the wire and the wire crossed over and rethreaded,
(d) the seal must then be crimped with sealing pliers approved by RMS so that the wire cannot be released without damaging the seal.
If a seal or any sealing wire is damaged or removed from a taxi-meter for any reason, the meter must be retested in accordance with Part 5 and resealed in accordance with this Part.
The course to be used to test taxi-meters:
(a) must start within 200 metres of premises on which a person who carries on the business of repairing and sealing taxi-meters conducts that business, and
(b) must be on sealed roads only, and
(c) must avoid, as far as possible, shopping centres and areas of high traffic density.
The course must include the following:
(a) a designated taxi-meter test “Start” mark,
(b) a designated taxi-meter test “Finish” mark that is not less than one kilometre from the “Start” mark,
(c) a designated taxi-meter test “1% Slow” mark that is located at the point beyond the “Finish” mark at which an accurate taxi-meter would first display the authorised fare for the length of the test course after the taxi-cab passes the “Finish” mark but before the “1% Slow” mark.
The part of the course between the “Start” mark and the “Finish” mark (the
The course must also:
(a) have as few turns as possible, and
(b) contain the same number of left-turns and right-turns, and
(c) have the marks required by clause 18 situated:
(i) at least 15 metres from any intersection, and
(ii) at least 3 metres from any driveway or obstruction, and
(iii) otherwise in a position that is not likely to cause traffic congestion or constitute a traffic hazard, and
(d) have the “Finish” and “1% Slow” marks situated on the same straight section of road.
If the taxi-cab meter provides for different tariffs according to different circumstances, the meter must be tested in respect of each of the tariffs concerned.
A taxi-meter’s computation of the fare for distance travelled is to be tested as follows:
(a) the taxi-cab must be stationary with its front wheel centres in line with the “Start” mark of the test course,
(b) the meter must then be started and the taxi-cab set in motion,
(c) the taxi-cab is to be driven over the testing course as nearly as possible at a constant speed, without skidding or wheel-spin or violent acceleration or deceleration, and avoiding divergences such as lane-changing and overtaking,
(d) as the taxi-cab approaches the “Finish” mark, the meter must be monitored and the point at which the authorised fare for the length of the testing course is first displayed must be noted.
If the meter first displays the authorised fare for the length of the testing course at any point other than while the taxi-cab is between the “Finish” mark and the “1% Slow” mark, the meter has failed the test and:
(a) a non-compliance notice must be issued in respect of the taxi-cab concerned, and
(b) the meter must be recalibrated and resealed.
A taxi-meter’s computation of the fare to be charged for waiting time is to be tested as follows:
(a) the taxi-cab must be stationary,
(b) the meter must then be started and a stopwatch set in motion,
(c) the time (measured to the nearest second) taken for the meter to display a fare that is equivalent to the authorised fare for the length of the testing course must be noted.
If the fare noted is other than the pro rata equivalent (with 5% tolerance in favour of a notional hirer) of the amount per hour specified for waiting time in the notice under section 60A of the Act that is current at the time of the test:
(a) the meter has failed the test, and
(b) a non-compliance notice must be issued in respect of the taxi-cab concerned, and
(c) the meter must be recalibrated and resealed.
(Clause 217)
Column 1 | Column 2 | Column 3 |
Provision | Penalty | Penalty (Sydney Airport precinct) |
Section 9B (3) | $500 | |
Section 11 (1) | $200 | |
Section 30 (1) (a) | $1,000 | |
Section 30 (1) (b) | $1,000 | |
Section 31D (3) | $500 | |
Section 33 (2) | $500 | |
Section 34D (3) | $1,000 | |
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 55 (2) | $100 | |
Section 56 | $300 |
Column 1 | Column 2 | Column 3 |
Provision | Penalty | Penalty (Sydney Airport precinct) |
Clause 17 | $200 | |
Clause 19 | $200 | |
Clause 20 (1) | $200 | |
Clause 21 | $200 | |
Clause 22 | $300 | |
Clause 25 | $1,000 | |
Clause 26 | $200 | |
Clause 32 (a) | $100 | |
Clause 32 (b) | $200 | |
Clause 32 (c) | $300 | |
Clause 32 (d) | $300 | |
Clause 35 (1) | $400 | |
Clause 35 (2) | $100 | |
Clause 36 (1) (a) | $200 | |
Clause 36 (1) (b) | $150 | |
Clause 37 | $150 | $750 |
Clause 39 | $200 | |
Clause 40 | $400 | |
Clause 41 (1) | $200 | |
Clause 41 (2) | $150 | |
Clause 42 | $150 | |
Clause 44 (1) | $300 | |
Clause 45 (1) | $200 | |
Clause 46 | $100 | $750 |
Clause 50 (a) | $400 | |
Clause 50 (b) | $400 | |
Clause 50 (c) | $400 | |
Clause 50 (d) | $100 | |
Clause 50 (e) | $400 | |
Clause 51 (1) | $300 | |
Clause 52 (1) | $100 | |
Clause 52 (2) | $400 | |
Clause 52 (4) | $100 | |
Clause 53 (1) | $100 | |
Clause 53 (2) | $100 | |
Clause 53 (4) | $100 | |
Clause 54 (1) | $400 | |
Clause 54 (3) | $400 | |
Clause 55 (3) | $400 | |
Clause 55 (4) | $400 | |
Clause 56 (1) | $100 | |
Clause 56 (2) | $100 | |
Clause 56 (3) | $100 | |
Clause 57 | $400 | |
Clause 58 | $200 | |
Clause 59 (1) | $200 | |
Clause 59 (2) | $200 | |
Clause 60 | $400 | |
Clause 61 | $400 | |
Clause 62 | $400 | |
Clause 64 (1) | $100 | |
Clause 65 | $200 | |
Clause 66 (1) | $100 | |
Clause 66 (2) | $100 | |
Clause 67 (1) | $200 | |
Clause 67 (3) | $200 | |
Clause 67 (4) | $200 | |
Clause 67 (5) | $200 | |
Clause 68 (1) | $400 | |
Clause 68 (2) | $400 | |
Clause 68 (3) | $400 | |
Clause 68A | $300 | |
Clause 68B (1) | $400 | |
Clause 68B (2) | $400 | |
Clause 68C (1) | $200 | |
Clause 68D (1) (a) | $200 | |
Clause 68D (1) (b) | $200 | |
Clause 68D (1) (c) | $100 | |
Clause 68D (1) (d) | $100 | |
Clause 68E (1) | $100 | |
Clause 68E (2) | $100 | |
Clause 68F | $200 | |
Clause 68G (2) | $100 | |
Clause 68H | $200 | |
Clause 68I | $200 | |
Clause 68J (1) | $400 | |
Clause 68J (4) | $200 | |
Clause 68K (1) | $100 | |
Clause 68L (2) | $200 | |
Clause 68M | $100 | |
Clause 68N (1) | $100 | |
Clause 68O (3) | $100 | |
Clause 68P (1) | $100 | |
Clause 68P (3) | $100 | |
Clause 68Q (1) | $400 | |
Clause 68R (1) | $400 | |
Clause 68R (2) | $400 | |
Clause 68R (3) | $400 | |
Clause 68S (1) | $400 | |
Clause 68T | $400 | |
Clause 68U (1) | $400 | |
Clause 74 (1) | $200 | |
Clause 75 | $200 | |
Clause 77 | $200 | |
Clause 77A (1) | $200 | |
Clause 77B (1) | $200 | |
Clause 77B (2) | $200 | |
Clause 77C (1) | $200 | |
Clause 77C (3) | $200 | |
Clause 77C (5) | $200 | |
Clause 77D (1) | $200 | |
Clause 77D (5) | $200 | |
Clause 77D (6) | $200 | |
Clause 77E (1) | $200 | |
Clause 78 (1) | $200 | |
Clause 79 | $200 | |
Clause 80 | $200 | |
Clause 81 | $200 | |
Clause 83 (2) | $200 | |
Clause 84 (1) | $200 | |
Clause 84 (4) | $200 | |
Clause 85 (1) | $150 | |
Clause 86 | $250 | |
Clause 87 (1) | $200 | |
Clause 88 (1) | $200 | |
Clause 89 (1) | $300 | |
Clause 90 (2) | $200 | |
Clause 91 (4) | $1,000 | |
Clause 92 | $100 | |
Clause 93 | $100 | |
Clause 94 | $100 | |
Clause 95 | $100 | |
Clause 96 | $200 | |
Clause 97 | $100 | |
Clause 100 (2) | $100 | |
Clause 105 | $200 | |
Clause 108 | $500 | |
Clause 109 | $200 | |
Clause 111 | $300 | |
Clause 112 | $400 | |
Clause 113 | $400 | |
Clause 114 | $400 | |
Clause 118 | $150 | |
Clause 121 (6) (b) | $150 | |
Clause 121 (7) | $150 | |
Clause 121 (8) | $200 | |
Clause 121 (9) | $300 | |
Clause 122 | $150 | |
Clause 123 | $150 | |
Clause 124 (2) | $200 |
Clause 124 (3) | $100 | |
Clause 126 | $150 | |
Clause 129 | $150 | |
Clause 130 | $150 | |
Clause 131 (1) | $200 | |
Clause 132 | $150 | |
Clause 133 (1) | $400 | |
Clause 134 | $75 | |
Clause 137 | $150 | $1,000 |
Clause 138 (1) | $150 | |
Clause 139 | $150 | |
Clause 143 (1) | $5,000 | |
Clause 144 | $750 | |
Clause 145 (2) | $750 | |
Clause 146 (1) | $150 | |
Clause 148 | $150 | |
Clause 149 (2) | $150 | |
Clause 150 | $150 | |
Clause 151 | $200 | |
Clause 153 | $150 | |
Clause 157 (2) | $150 | |
Clause 158 | $150 | |
Clause 159 | $150 | |
Clause 160 | $150 | |
Clause 161 | $150 | |
Clause 162 (1) | $500 | |
Clause 163 (1) | $300 | |
Clause 163 (2) | $300 | |
Clause 163A (3) | $100 | |
Clause 163A (4) | $200 | |
Clause 163A (5) | $300 | |
Clause 163A (6) | $200 | |
Clause 163A (8) | $100 | |
Clause 163B (3) | $100 | |
Clause 163B (4) | $200 | |
Clause 163B (5) | $300 | |
Clause 163B (6) | $200 | |
Clause 163B (8) | $100 | |
Clause 187 (4) | $500 | |
Clause 189 | $750 | |
Clause 192 | $150 | |
Clause 195 (1) | $1,000 | |
Clause 196 (1) | $5,000 | |
Clause 197 | $750 | |
Clause 198 | $750 | |
Clause 198B (1) | $1,000 | |
Clause 198B (3) | $250 | |
Clause 198C (1) | $500 | |
Clause 198D (1) | $1,000 | |
Clause 198E (1) | $1,000 | |
Clause 198E (3) | $250 | |
Clause 203 | $300 | |
Clause 204 | $150 | |
Clause 205 | $300 | |
Clause 206 | $150 | |
Clause 207 | $150 | |
Clause 208 | $150 | |
Clause 209 | $300 | |
Clause 210 | $150 | |
Clause 232 | $300 | |
Clause 233 | $150 | $5,000 |
Clause 235 (1) | $75 | |
Schedule 1, clause 2 | $500 | |
Schedule 1, clause 3 | $200 | |
Schedule 1, clause 4 | $200 |
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