Road Transport Amendment Regulations 2001 (ACT)

Case

Road Transport Amendment Regulations 2001

Subordinate Law 2001 No 46

The Australian Capital Territory Executive makes the following regulations under the Road Transport (General) Act 1999.

Dated 10 October 2001.

Brendan Smyth

Minister

Bill Stefaniak

Minister

Road Transport Amendment Regulations 2001

Subordinate Law 2001 No 46

made under the

Road Transport (General) Act 1999

Contents

Page

Part 1Preliminary

  1. Name of regulations  1

  2. Commencement  1

Part 2Amendments of Road Transport (General) Regulations 2000

  1. Regulations amended—pt 2  2

  2. Refund of fees, charges and other amounts
    Regulation 14 (1) (e) and (f)  2

  3. Regulation 14 (1) (l) and (m)  2

  4. Regulation 14 (3) (d)  3

  5. Regulation 14 (3), note  3

  6. Dishonour notices
    Regulation 16 (1) (b)  3

  7. Schedule 1, part 1.4, items 38 to 42  3

  8. Schedule 1, part 1.4, items 36 and 37  4

  9. Schedule 1, part 1.5, items 33 to 44  4

  10. Schedule 1, part 1.5, items 47 and 48, column 3  4

  11. Schedule 1, part 1.5, items 49 and 50, column 3  4

  12. Schedule 1, part 1.5, items 45 to 54  4

  13. Schedule 1, part 1.6  4

  14. Schedule 1, parts 1.7 and 1.8  5

  15. Schedule 1, parts 1.9 to 1.11  5

  16. Schedule 1, new parts 1.8 and 1.9  5

Part 3Amendments of Road Transport (Offences) Regulations 2001

  1. Regulations amended—pt 3  8

  2. Administering authority—Act, dict, def of administering authority
    Regulation 8 (1) (d) to (h)  8

  3. Schedule 1, part 1.7, items 35 to 42  8

  4. Schedule 1, part 1.7, item 45, col 2  9

  5. Schedule 1, part 1.8  9

  6. Schedule 1, parts 1.9, 1.10 and 1.11  9

  7. Schedule 1, parts 1.12 to 1.15  9

  8. Schedule 1, new parts 1.11 and 1.12  10

Part 1Preliminary

  1. Name of regulations

    These regulations are the Road Transport Amendment Regulations 2001.

  2. Commencement

    These regulations commence immediately after the commencement of the Road Transport (Public Passenger Services) Act 2001, section 3.

Part 2Amendments of Road Transport (General) Regulations 2000

  1. Regulations amended—pt 2

    This part amends the Road Transport (General) Regulations 2000.

  2. Refund of fees, charges and other amounts
    Regulation 14 (1) (e) and (f)

    substitute

    (e)a fee, charge or other amount paid in relation to an application for a driving instructor’s accreditation if the application is refused;

    (f)a fee, charge or other amount paid in relation to a driving instructor’s accreditation or an accreditation under the Road Transport (Public Passenger Services) Act 2001 if the accreditation is issued in error, is then cancelled and the holder of the accreditation surrenders the accreditation;

  3. Regulation 14 (1) (l) and (m)

    substitute

    (l)a fee, charge or other amount paid in relation to an application (other than an application for an accreditation under the Road Transport (Public Passenger Services) Act 2001) for an accreditation, approval, authority, certificate, exemption, permit or anything else not mentioned in paragraphs (b) to (h) if the application is refused;

    (m)a fee, charge or other amount paid by a person in relation to an application mentioned in paragraph (l) if the accreditation, approval, authority, certificate, exemption, permit or other thing is given, issued or done in error, is then cancelled and anything given to the person by the road transport authority because of the authority’s decision on the application is surrendered to the authority.

  4. Regulation 14 (3) (d)

    substitute

    (d)a fee, charge or other amount in relation to a driving instructor’s accreditation or an accreditation under the Road Transport (Public Passenger Services) Act 2001 if the accreditation is surrendered;

  5. Regulation 14 (3), note

    after

    see the Road Transport (Driver Licensing) Regulations 2000, reg 109;

    insert

    for accreditation to operate a public passenger service see the Road Transport (Public Passenger Services) Regulations 2001, reg 18;

  6. Dishonour notices
    Regulation 16 (1) (b)

    substitute

    (b)a fee, charge or other amount in relation to a driving instructor’s accreditation or an accreditation under the Road Transport (Public Passenger Services) Act 2001;

  7. Schedule 1, part 1.4, items 38 to 42

    renumber as schedule 1, part 1.4,  items 39 to 43

  8. Schedule 1, part 1.4, items 36 and 37

    substitute

36 106 (1) road transport authority—refuse to approve application for accreditation as a driving instructor or renewal of accreditation
37 107A road transport authority—refuse to issue replacement for certificate of accreditation as a driving instructor that has been lost, stolen or destroyed
38 112 (1) road transport authority—cancel/suspend accreditation as a driving instructor/disqualify from applying for accreditation (including suspending or disqualifying for additional period)

  1. Schedule 1, part 1.5, items 33 to 44

    omit

  2. Schedule 1, part 1.5, items 47 and 48, column 3

    omit

    , bus

  3. Schedule 1, part 1.5, items 49 and 50, column 3

    omit

    bus,

  4. Schedule 1, part 1.5, items 45 to 54

    renumber as schedule 1, part 1.5, items 33 to 42

  5. Schedule 1, part 1.6

    omit

  6. Schedule 1, parts 1.7 and 1.8

    renumber as schedule 1, parts 1.6 and 1.7

  7. Schedule 1, parts 1.9 to 1.11

    renumber as schedule 1, parts 1.10 to 1.12

  8. Schedule 1, new parts 1.8 and 1.9

    insert

Part 1.8Road Transport (Public Passenger Services) Act 2001

column 1
item 		column 2
provision 		column 3
decision
1 31 Minister—refuse exemption for vehicle or person from Act or provision of Act

Part 1.9Road Transport (Public Passenger Services) Regulations 2001

column 1
item 		column 2
provision 		column 3
decision
1 9 road transport authority—refuse to accredit/renew accreditation to operate public passenger service
2 10 (1) road transport authority—issue/renew accreditation to operate public passenger service subject to conditions imposed by authority
3 10 (2) road transport authority—amend/revoke condition imposed on accreditation to operate public passenger service by authority
4 10 (2) road transport authority—amend/revoke, or refuse to amend/revoke, condition imposed on accreditation to operate public passenger service on application by holder of accreditation
5 12 (3) road transport authority—period of issue/renewal of accreditation to operate public passenger service
6 13 (2) road transport authority—refuse to amend accepted service standard for public passenger service
7 16 (1) road transport authority—refuse to issue replacement for certificate of accreditation to operate public passenger service that has been lost, stolen or destroyed
8 34 (3) (a) road transport authority—number of seated/standing passengers bus permitted to carry
9 64 (2) road transport authority—refuse to approve appointment of a bus stop
10 67 (4) road transport authority—suspend/cancel accreditation to operate public passenger service/disqualify from applying for accreditation (including suspending or disqualifying for additional period)/impose/vary condition on accreditation/impose financial penalty/reprimand
11 68 (3) road transport authority—immediately suspend accreditation to operate public passenger service
12 76 (1) police officer, authorised person or person inspecting vehicle—attach noncompliance notice to vehicle
13 76 (3) police officer or authorised person—refuse to remove noncompliance notice
14 76 (3) police officer or authorised person—refuse to direct that noncompliance notice be taken to have been removed

Part 3Amendments of Road Transport (Offences) Regulations 2001

  1. Regulations amended—pt 3

    This part amends the Road Transport (Offences) Regulations 2001.

  2. Administering authority—Act, dict, def of administering authority
    Regulation 8 (1) (d) to (h)

    substitute

    (d)part 1.8 (Road Transport (Hire Vehicle Services) Regulations 2000);

    (e)part 1.9 (Road Transport (Taxi Services) Regulations 2000);

    (f)part 1.10 (Road Transport (Third-Party Insurance) Regulations 2000);

    (g)part 1.11 (Road Transport (Public Passenger Services) Act 2001);

    (h)part 1.12 (Road Transport (Public Passenger Services) Regulations 2001);

    (i)part 1.13 (Road Transport (Safety and Traffic Management) Regulations 2000), items 16 to 22, 27 to 35, 41, 43 and 53 to 57.

  3. Schedule 1, part 1.7, items 35 to 42

    omit

  4. Schedule 1, part 1.7, item 45, col 2

    omit

    155

    substitute

    155 (1)

  5. Schedule 1, part 1.8

    omit

  6. Schedule 1, parts 1.9, 1.10 and 1.11

    renumber as schedule 1, parts 1.8, 1.9 and 1.10

  7. Schedule 1, parts 1.12 to 1.15

    renumber as parts 1.13 to 1.16

  1. Schedule 1, new parts 1.11 and 1.12

    insert

Part 1.11Road Transport (Public Passenger Services) Act 2001

column 1 item

column 2

offence provision and, if relevant, case

column 3

short description

 column 4 offence penalty (pu) column 5 infringement penalty ($) column 6 demerit points
1 20 (1) unaccredited person operate regular route service 50
2 20 (2) unaccredited person operate tour and charter service 50
3 21 pretend to be accredited to operate a bus service 30
4 22 (1) operate regular route service without service contract 50

Part 1.12Road Transport (Public Passenger Services) Regulations 2001

column 1 item

column 2

offence provision and, if relevant, case

column 3

short description

 column 4 offence penalty (pu) column 5 infringement penalty ($) column 6 demerit points
1     14 (2) accredited person not notify change in accreditation/service operation 20 300
2     14 (5) person not provide relevant information after change of relevant person 20 300
3     15 holder of conditional accreditation not comply with conditions 20 300
4     17 accredited person not produce certificate of accreditation when required by police officer/authorised person 5 200
5     20 (a) bus operator not service/maintain bus 20 200
6     20 (b) bus operator not ensure bus complies with vehicle standards 20 300
7     22 bus operator not give notice of additional bus 20 100
8     23 (1) bus operator not give immediate notice of notifiable accident 20 200
9     23 (2) bus operator not give follow-up notice of notifiable accident 20 200
10   23 (3) bus operator not give notice of incident 20 200
11   24 (1) bus operator not ensure interior/exterior/ fittings of bus clean/undamaged/ properly fitted/securely in place 10 200
12   25 bus operator allow unlicensed/unauthorised person to drive bus 20 200
13   26 bus operator not make driver record 10 200
14   27 (1) (a) bus operator not keep record as required 10 200
15   27 (1) (b) bus operator not produce record to police officer/authorised person for inspection 10 200
16   27 (1) (c) bus operator not provide record to authority for inspection 10 200
17   28 (1) bus operator not state on single-decker bus maximum number of passengers permitted 5 100
18   28 (2) bus operator not state on double-decker bus maximum number of passengers permitted 5 100
19   29 bus operator not display accreditation information 5 200
20   30 bus operator not deal with lost property as required 5 100
21   31 (1) (a) bus operator allow bus operation after time of effect of noncompliance notice 20 300
22   31 (1) (b) bus operator allow bus operation after unauthorised removal of noncompliance notice 20 300
23   32 (1) (a) bus driver not drop off passenger 5 100
24   32 (1) (b) bus driver not pick up passenger 5 100
25   33 bus driver not stop bus parallel/close to side of road 5 100
26   34 (1) (a) bus driver carry more than maximum number of passengers permitted in bus 5 100
27   34 (1) (b) (i) bus driver carry more than maximum number of seated passengers than permitted in single-decker 5 100
28   34 (1) (b) (ii) bus driver carry more than maximum number of standing passengers than permitted in single-decker 5 100
29   34 (1) (c) (i) bus driver carry more than maximum number of seated passengers on deck of double-decker than permitted on the deck 5 100
30   34 (1) (c) (ii) bus driver carry more than maximum number of standing passengers on deck of double-decker than permitted on the deck 5 100
31   35 (1) bus driver allow inconvenient thing in bus 5 100
32   36 bus driver not deal with lost property as required 5 100
33   37 (a) bus driver solicit passenger/hiring 10 100
34   37 (b) bus driver move bus with door open 10 200
35   37 (c) bus driver start bus in way to subject person to unnecessary injury/risk 10 200
36   38 (a) bus driver not clean/tidy/wearing clean/respectable clothes 5 100
37   38 (b) bus driver not behave in orderly way/politely/with propriety 5 100
38   39 bus driver leave driving seat 5 100
39   40 (1) (a) bus driver allow passenger in driver’s compartment 5 200
40   40 (1) (b) bus driver allow passenger on driver’s seat 5 200
41   40 (2) (a) bus driver allow passenger on unauthorised part of bus 5 200
42   40 (2) (b) bus driver allow passenger beside/in front of driver’s seat 5 200
43   40 (2) (c) bus driver allow passenger to stand on upper deck 5 200
44   41 (1) (a) bus drive operate bus after time of effect of noncompliance notice 20 300
45   41 (1) (b) bus driver operate bus after unauthorised removal of noncompliance notice 20 300
46   43 (1) travel on bus without valid bus ticket 5 100
47   44 (1) transfer bus ticket to someone else 5 100
48   45 (1) (a) use damaged/defaced bus ticket 5 100
49   45 (1) (b) use changed bus ticket 5 100
50   46 (1) use concession bus ticket when not entitled 5 100
51   46 (3) not produce evidence of entitlement to bus ticket concession 5 100
52   46 (6) provide document containing false/ misleading/incomplete information for bus ticket concession application/ evidence of entitlement to bus ticket concession 20 100
53   46 (7) (a) state false/misleading thing for bus ticket concession application/evidence of entitlement to bus ticket concession 20 100
54   46 (7) (b) omit thing from statement for bus ticket concession application/evidence of entitlement to bus ticket concession so it is misleading 20 100
55   47 not make bus ticket available to authorised person for inspection/ processing 5 100
56   48 (1) interfere with comfort or safety of person in bus 5 200
57   49 (2) occupy reserved bus seat 5 100
58   50 (1) drink/possess open container of liquor in bus 5 200
59   51 (1) eat/drink on bus contrary to sign 5 100
60   52 (a) get on/get off moving bus 5 200
61   52 (b) get on/get off bus through window/roof hatch 5 200
62   53 (a) interfere with bus equipment 5 200
63   53 (b) block bus door 5 200
64   53 (c) unlock bus door 5 200
65   53 (d) open door while bus moving 5 200
66   53 (e) interfere with automatic bus door 5 200
67   54 throw thing in/from bus 5 200
68   55 (1) (a) bus passenger enter drivers compartment 5 200
69   55 (1) (b) bus passenger occupy driver’s seat 5 200
70   55 (2) (a) bus passenger travel on unauthorised part of bus 5 200
71   55 (2) (b) bus passenger beside/in front of driver’s seat 5 100
72   55 (2) (c) bus passenger stand on upper deck of bus 5 100
73   56 (1) remove property of bus operator from bus 5 200
74   57 deposit litter/dangerous thing in bus 5 100
75   58 (1) bus passenger take animal on bus without permission 5 100
76   59 (3) bus passenger with soiled clothing/soiled goods/damaging goods/bulky goods not comply with direction by driver/police officer/authorised person 5 100
77   60 (2) intoxicated bus passenger not comply with direction by driver/police officer/ authorised person 5 100
78   61 (2) bus passenger offender not comply with direction by driver/police officer/ authorised person 5 100
79   63 not deal with lost property on bus as required 5 100
80   70 (1) not return suspended/cancelled certificate of accreditation as required 5 200
81   72 (5) not provide record/information for bus services enforcement 20 300
82   73 (5) not comply with request by police officer/authorised person for bus maintenance facility enforcement 20 300
83   74 (4) not comply with request/signal by police officer/authorised person for bus services enforcement 20 300
84   75 (3) responsible person not comply with inspection requirement by police officer/ authorised person for bus services enforcement 20 300
85   76 (4) unauthorised removal of noncompliance notice 20 300
86   77 (2) (a) not state name/address when required by police officer/authorised person for bus services enforcement 10 100
87   77 (2) (b) state false name/address for bus services enforcement 10 100

Endnotes

Regulations amended in pt 2

  1. Republished as in force on 12 September 2001 (Republication No 2). 

Regulations amended in pt 3

  1. Republished as in force on 12 September 2001 (Republication No 1). 

Notification

  1. Notified under the Legislation Act 2001 on 18 October 2001.

    (see Australian Capital Territory 2001

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