Road Transport Legislation Amendment Regulation 2018 (No 2) (ACT)

Case

Road Transport Legislation Amendment Regulation 2018 (No 2)

Subordinate Law SL2018-16

The Australian Capital Territory Executive makes the following regulation under the Road Transport (General) Act 1999, the Road Transport (Public Passenger Services) Act 2001 and the Road Transport (Vehicle Registration) Act 1999.

Dated 3 September 2018.

Shane Rattenbury

Minister

Mick Gentleman

Minister

Road Transport Legislation Amendment Regulation 2018 (No 2)

Subordinate Law SL2018-16

made under the

Road Transport (General) Act 1999 and the Road Transport (Public Passenger Services) Act 2001 and the Road Transport (Vehicle Registration) Act 1999

Contents

Page

Part 1      Preliminary

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

4            Legislation repealed  2

Part 2Road Transport (General) Regulation 2000

5            Section 20, definition of dealer  3

6            Schedule 1, part 1.8, item 9, column 2  3

7           Dictionary, definition of dealer  3

Part 3Road Transport (Offences) Regulation 2005

8            Schedule 1, part 1.10, new items 4A to 4E  4

9            Schedule 1, part 1.10, items 13 to 16  5

10          Schedule 1, part 1.10, items 28 and 29  6

11          Schedule 1, part 1.10, item 41  6

12          Schedule 1, part 1.10, items 43 to 47  7

13          Schedule 1, part 1.11  8

Part 4Road Transport (Public Passenger Services) Regulation 2002

14          Section 4A, note 1  119

15          Section 7 (5), definition of infringement notice  121

16          New section 14 (6)  121

17          Section 15  121

18          Section 17  122

19          New section 20C (3)  122

20          Section 22 (1) (i)  123

21          New section 22 (3) and (4)  123

22          Section 24 (1) and (2)  123

23          Section 24 (3)  123

24          Section 24 (4)  124

25          Section 24 (5)  124

26          New section 25 (1A)  124

27          Section 27  124

28          Section 27B heading  126

29          Section 27B (2)  126

30          New section 28 (2A)  126

31          Section 29 (1)  127

32          Section 29 (2) (a) and (b)  127

33          New section 29 (3)  127

34          Sections 30A to 30E  127

35          Sections 31 and 32  127

36          Section 35 (3) (a)  129

37          Section 35 (3) (b)  130

38          New section 35 (5)  130

39          New section 36 (2)  130

40          Sections 37 to 44  130

41          Sections 46 to 49  133

42          Section 51  135

43          Part 3.3  136

44          Sections 67A and 67B  149

45          Section 69  150

46          Sections 70AD (1) (b) (i), 70AE (1) (b) (i) and 70AF (1) (b) (i)             150

47          Section 70AAF (1)  150

48          Section 70AAF (1) (a)  150

49          Section 70AAF (2)  150

50          Section 70AAF (2) (a)  151

51          Section 301A  151

52          Dictionary, new definition of bus stop  151

Part 5Road Transport (Vehicle Registration) Regulation 2000

53          New section 88 (4)  152

54          Dictionary, definition of dealer  152

Part 1Preliminary

  1. Name of regulation

    This regulation is the Road Transport Legislation Amendment Regulation 2018 (No 2).

  2. Commencement

    (1)The following provisions commence on the day after this regulation’s notification day:

    ·     section 3

    ·     section 5

    ·     section 7

    ·     part 5.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    (2)The remaining provisions commence on 8 October 2018.

  3. Legislation amended

    This regulation amends the following legislation:

    ·     Road Transport (General) Regulation 2000

    ·     Road Transport (Offences) Regulation 2005

    ·     Road Transport (Public Passenger Services) Regulation 2002

    ·     Road Transport (Vehicle Registration) Regulation 2000

  4. Legislation repealed

    The following legislation is repealed:

    ·     Road Transport (Public Passenger Services) (Bus Service Vehicle Livery) Approval 2006 (No 1) (NI2006-313)

    ·     Road Transport (Public Passenger Services) (Bus Service Vehicle Livery) Approval 2010 (No 1) (NI2010-698)

    ·     Road Transport (Public Passenger Services) (Bus Service Vehicle Livery) Approval 2016 (No 1) (NI2016-711).

Part 2Road Transport (General) Regulation 2000

  1. Section 20, definition of dealer

    omit

    section 6A

    substitute

    dictionary

  2. Schedule 1, part 1.8, item 9, column 2

    omit

    37 (3) (a)

    substitute

    37 (4) (b)

  3. Dictionary, definition of dealer

    omit

    section 6A

    substitute

    dictionary

Part 3Road Transport (Offences) Regulation 2005

  1. Schedule 1, part 1.10, new items 4A to 4E

    insert

4A 27B (2) (b) (i) light rail service operator not give copy of current notice of accreditation within 2 days 20
4B 27B (2) (b) (ii) light rail service operator not tell about change in accreditation within 2 days 20
4C 27B (2) (b) (iii) light rail service operator not give copy of notice of suspension/cancellation of accreditation within 2 days 20
4D 27B (3) (b) (i) operate light rail service and not give copy of notice of application to vary accreditation 10
4E 27B (3) (b) (ii) light rail service operator not give copy of application to vary condition or restriction of accreditation 10
  1. Schedule 1, part 1.10, items 13 to 16

    substitute

13 36G (1) transport booking service not take reasonable steps to ensure affiliated driver holds licence or exemption 20 581
14 36G (2) transport booking service not take reasonable steps to ensure affiliated taxi/ hire car service operator accredited 20 581

15

36G (3) (b) (i) transport booking service not take reasonable steps to ensure affiliated rideshare driver accredited 20 581
16 36G (3) (b) (ii) transport booking service not take reasonable steps to ensure rideshare vehicle licensed/insured 20 581
  1. Schedule 1, part 1.10, items 28 and 29

    substitute

28 60M rideshare vehicle licensee not take reasonable steps to ensure rideshare driver holds licence or exemption 20 581
29 60N rideshare vehicle licensee not take reasonable steps to ensure vehicle insured 50 903
  1. Schedule 1, part 1.10, item 41

    substitute

41 111 (1) accredited operator not maintain required public passenger vehicle policy 50 903
  1. Schedule 1, part 1.10, items 43 to 47

    substitute

43 116 (5) not provide records/information for enforcement purposes 20 581
44 117 (5) not comply with requirement by police officer/authorised person for maintenance facility enforcement purposes 20 581
45 118 (4) not comply with request/signal by police officer/authorised person for enforcement purposes 20 581
46 119 (3) operator not comply with inspection requirement by police officer/authorised person for enforcement purposes 20 581
47 120 (4) unauthorised removal of noncompliance notice 20 581
  1. Schedule 1, part 1.11

    substitute

Part 1.11Road Transport (Public Passenger Services) Regulation 2002

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 or service operation 20 581
2 14 (5) person not provide relevant information after change of relevant person 20 581
3 15 holder of conditional accreditation not comply with conditions 20 581
4 17 (1) (c) (i) accredited person not produce certificate of accreditation when required by police officer/authorised person 5 181
5 17 (1) (c) (ii) accredited person not produce certificate of accreditation within 3 days at place directed by police officer/authorised person 5 181
6 18A (2) not return recovered certificate of accreditation 20 235
7 20C (1) operator of regulated service not comply with service standard 20 581
8 20C (2) licensee of vehicle used for regulated service not comply with service standard 20 581
9 21 (1) bus operator not service/maintain bus 20 581
10 21 (2) bus operator not ensure bus complies with applicable vehicle standards etc 20 581
11 22 (2)
11.1 ·     by contravening 22 (1) (a) bus operator not record bus manufacture details 10 360
11.2 ·     by contravening 22 (1) (b) bus operator not record bus registration number 10 360
11.3 ·     by contravening 22 (1) (c) bus operator not record bus insurance policies 10 360
11.4 ·     by contravening 22 (1) (d) bus operator not record bus passenger capacity 10 360
11.5 ·     by contravening 22 (1) (e) bus operator not record bus operation start/end dates 10 360
11.6 ·     by contravening 22 (1) (f) bus operator not record bus safety inspections 10 360
11.7 ·     by contravening 22 (1) (g) bus operator not record bus safety defects 10 360
11.8 ·     by contravening 22 (1) (h) bus operator not record bus maintenance 10 360
11.9 ·     by contravening 22 (1) (i) bus operator not record details of notifiable incident 10 360
11.10 ·     by contravening 22 (1) (j) (A) bus operator not record details of bus accident causing property damage 10 360
11.11 ·     by contravening 22 (1) (j) (B) bus operator not record details of bus accident significantly affecting operation of bus service 10 360
12 23 (2) bus operator not give notice of additional bus 20 235
13 24 (1) bus operator not give immediate notice of notifiable incident 20 409
14 24 (2) bus operator not give follow-up notice of notifiable incident 20 409
15 24 (4) bus operator not give notice of incident 20 409
16 25 (1) bus operator not ensure interior/exterior/ fittings of bus clean/undamaged/properly fitted/securely in place 10 360
17 26 (1) bus operator allow unlicensed/unauthorised person drive bus 20 581
18 27 (1) (b) (i) bus operator not keep bus driver record 10 360
19 27 (1) (b) (ii) bus operator not ensure bus driver record up-to-date 10 360
20 27 (2) bus operator not make record of suspension/cancellation of driver’s licence 10 360
21 27 (3) bus operator not record driver no longer exempt from holding licence 10 360
22 27A (2)
22.1 ·     by contravening 27A (1) (a) bus operator not tell road transport authority driver’s name and address 10
22.2 ·     by contravening 27A (1) (b) bus operator not tell road transport authority prescribed driver authority information 10
22.3 ·     by contravening 27A (1) (c) bus operator not tell road transport authority about change to driver’s name/ address/prescribed driver authority information 10
22.4 ·     by contravening 27A (1) (d) bus operator not tell road transport authority driver no longer driving bus for bus operator 10
23 28 (2)
23.1 ·     by contravening 28 (1) (a) not keep bus records as required 10 360
23.2 ·     by contravening 28 (1) (b) not produce bus records as required 10 360
23.3 ·     by contravening 28 (1) (c) not provide bus records as required 10 360
24 29 (1) bus operator not state on single-decker bus maximum number of passengers permitted 5 181
25 29 (2) bus operator not state on double-decker bus maximum number of passengers permitted 5 181
26 30 (1) bus operator not display accreditation information 5 181
27 31 bus operator not display security camera notice 10 261
28 32 (1) bus operator not give security camera recording 10 360
29 32 (2) (e) (i) bus operator not keep security camera recording for required period 10 360
30 32 (2) (e) (ii) bus operator not destroy security camera recording within reasonable time after required period 10 360
31 32 (3) bus operator not maintain equipment to display security camera recordings 5 181
32 34 (2) bus operator allow bus operation after time of effect of noncompliance notice 20 581
33 34 (3) bus operator allow bus operation after unauthorised removal of noncompliance notice 20 581
34 35 (1) bus driver not drop off passenger 5 181
35 35 (2) bus driver not pick up passenger 5 181
36 36 bus driver not stop bus parallel/close to side of road 5 181
37 37 (1) (b) (i) bus carry more than total number of seated passengers permitted in single‑decker 5 181
38 37 (1) (b) (ii) bus carry more than total number of standing passengers permitted in single‑decker 5 181
39 37 (1) (b) (iii) bus carry more than total number of passengers permitted in single-decker 5 181
40 37 (2) (b) (i) bus carry more than total number of seated passengers permitted on deck of double‑decker 5 181
41 37 (2) (b) (ii) bus carry more than total number of standing passengers permitted in double‑decker 5 181
42 37 (2) (b) (iii) bus carry more than total number of passengers permitted in double-decker 5 181
43 38 (1) (b) (i) bus operator not ensure lost property given to owner 5 181
44 38 (1) (b) (ii) bus operator not hold lost property for reasonable time 5 181
45 39 (1) (a) bus driver allow passenger in driver’s compartment 5 261
46 39 (1) (b) bus driver allow passenger on driver’s seat 5 261
47 39 (2) (a) bus driver allow passenger in unauthorised part of bus 5 261
48 39 (2) (b) bus driver allow passenger beside/in front of driver’s seat 5 261
49 39 (2) (c) bus driver allow passenger to travel in part of bus in way not designed for 5 261
50 39 (2) (d) bus driver allow passenger to stand on upper deck 5 261
51 45 (2) bus driver operate bus after time of effect of noncompliance notice 20 581
52 45 (3) bus driver operate bus after unauthorised removal of noncompliance notice 20 581
53 47 (1)
53.1 ·     child travel on bus without valid ticket—child 5 75
53.2 ·     adult travel on bus without valid ticket—adult 5 181
54 48 (1)
54.1 ·     child transfer/offer to transfer valid ticket—child 5 75
54.2 ·     adult transfer/offer to transfer valid ticket—adult 5 181
55 49 (1)
55.1 ·     child travel on bus with defaced/damaged/ changed ticket—child 5 75
55.2 ·     adult travel on bus with defaced/damaged/ changed ticket—adult 5 181
56 50A (1) (c) (i)
56.1 ·     child apply for concession ticket using false/ misleading information—child 10 75
56.2 ·     adult apply for concession ticket using false/ misleading information—adult 10 235
57 50A (1) (c) (ii)
57.1 ·     child apply for concession ticket omitting information—child 10 75
57.2 ·     adult apply for concession ticket omitting information—adult 10 235
58 50B (1)
58.1 ·     child travel on bus with concession ticket when not entitled—child 5 75
58.2 ·     adult travel on bus with concession ticket when not entitled—adult 5 181
59 50B (3)
59.1 ·     child not produce required evidence—child 5 75
59.2 ·     adult not produce required evidence—adult 5 181
60 50B (4) (c) (i)
60.1 ·     child produce evidence with false/misleading information about concession ticket eligibility—child 10 75
60.2 ·     adult produce evidence with false/misleading information about concession ticket eligibility—adult 10 235
61 50B (4) (c) (ii)
61.1 ·     child produce evidence that omits information about concession ticket eligibility—child 10 75
61.2 ·     adult produce evidence that omits information about concession ticket eligibility—adult 10 235
62 50B (5) (c) (i)
62.1 ·     child make statement with false/misleading information about concession ticket eligibility—child 10 75
62.2 ·     adult make statement with false/misleading information about concession ticket eligibility—adult 10 235
63 50B (5) (c) (ii)
63.1 ·     child make statement that omits information about concession ticket eligibility—child 10 75
63.2 ·     adult make statement that omits information about concession ticket eligibility—adult 10 235
64 51 (2)
64.1 ·     child not produce bus ticket—child 5 75
64.2 ·     adult not produce bus ticket—adult 5 181
65 52 (1) (b) (i)
65.1 ·     child foot on bus seat—child 5 75
65.2 ·     adult foot on bus seat—adult 5 181
66 52 (1) (b) (ii)
66.1 ·     child obstruct bus seat—child 5 75
66.2 ·     adult obstruct bus seat—adult 5 181
67 52 (1) (b) (iii)
67.1 ·     child spit in bus—child 5 75
67.2 ·     adult spit in bus—adult 5 181
68 52 (1) (b) (iv)
68.1 ·     child use wheeled recreational device in bus—child 5 75
68.2 ·     adult use wheeled recreational device in bus—adult 5 261
69 52 (2) (b) (i)
69.1 ·     child use offensive language in bus—child 10 75
69.2 ·     adult use offensive language in bus—adult 10 360
70 52 (2) (b) (ii)
70.1 ·     child offensive behaviour in bus—child 10 75
70.2 ·     adult offensive behaviour in bus—adult 10 360
71 52 (2) (b) (iii)
71.1 ·     child aggressive/menacing behaviour in bus—child 10 75
71.2 ·     adult aggressive/menacing behaviour in bus—adult 10 360
72 53 (2)
72.1 ·     child not comply with direction—child 5 75
72.2 ·     adult not comply with direction—adult 5 181
73 54 (1)
73.1 ·     child obstruct bus door—child 5 75
73.2 ·     adult obstruct bus door—adult 5 261
74 55 (1) (a)
74.1 ·     child get on/off moving bus—child 5 75
74.2 ·     adult get on/off moving bus—adult 5 261
75 55 (1) (b)
75.1 ·     child get on/off bus not at bus stop—child 5 75
75.2 ·     adult get on/off bus not at bus stop—adult 5 261
76 55 (1) (c)
76.1 ·     child get on/off bus through emergency exit/roof hatch—child 5 75
76.2 ·     adult get on/off bus through emergency exit/roof hatch—adult 5 261
77 56 (1) (b) (i)
77.1 ·     child enter bus driver’s compartment—child 5 75
77.2 ·     adult enter bus driver’s compartment—adult 5 261
78 56 (1) (b) (ii)
78.1 ·     child occupy driver’s seat—child 5 75
78.2 ·     adult occupy driver’s seat—adult 5 261
79 56 (2) (c) (i)
79.1 ·     child in part of bus not for passengers—child 5 75
79.2 ·     adult in part of bus not for passengers—adult 5 261
80 56 (2) (c) (ii)
80.1 ·     child be beside/in front of driver’s seat in moving bus—child 5 75
80.2 ·     adult be beside/in front of driver’s seat in moving bus—adult 5 261
81 56 (2) (c) (iii)
81.1 ·     child travel in way bus not designed for—child 5 75
81.2 ·     adult travel in way bus not designed for—adult 5 261
82 56 (2) (c) (iv)
82.1 ·     child stand on upper deck of moving bus—child 5 75
82.2 ·     adult stand on upper deck of moving bus—adult 5 261
83 57 (1)
83.1 ·     child throw thing in/from bus—child 5 75
83.2 ·     adult throw thing in/from bus—adult 5 261
84 58 (1)
84.1 ·     child not vacate designated seat for designated person—child 5 75
84.2 ·     adult not vacate designated seat for designated person—adult 5 181
85 59 (1) (a) consume liquor/low–alcohol liquor in bus 5 261
86 59 (1) (b) possess open container of liquor/low‑alcohol liquor in bus 5 261
87 61 (1)
87.1 ·     child eat/drink in bus—child 5 75
87.2 ·     adult eat/drink in bus—adult 5 181
88 62 (1)
88.1 ·     child travel in bus with animal without permission—child 5 75
88.2 ·     adult travel in bus with animal without permission—adult 5 181
89 63 (1)
89.1 ·     child not give lost property to bus driver/owner/bus operator/police officer/authorised person—child 5 75
89.2 ·     adult not give lost property to bus driver/owner/bus operator/police officer/authorised person—adult 5 181
90 64 (1)
90.1 ·     child remove bus property from bus/bus stop without consent—child 10 75
90.2 ·     adult remove bus property from bus/bus stop without consent—adult 10 360
91 64 (2)
91.1 ·     child remove territory property from bus/bus stop without consent—child 10 75
91.2 ·     adult remove territory property from bus/bus stop without consent—adult 10 360
92 65 (1)
92.1 ·     child damage bus property without consent—child 10 75
92.2 ·     adult damage bus property without consent—adult 10 360
93 65 (2)
93.1 ·     child damage territory property without consent—child 10 75
93.2 ·     adult damage territory property without consent—adult 10 360
94 66 (1)
94.1 ·     child interfere with security camera in bus—child 20 75
94.2 ·     adult interfere with security camera in bus—adult 20 581
95 66 (2)
95.1 ·     child interfere with security camera recording—child 20 75
95.2 ·     adult interfere with security camera recording—adult 20 581
96 66A (1) (a)
96.1 ·     child interfere with equipment attached to/part of bus—child 10 75
96.2 ·     adult interfere with equipment attached to/part of bus—adult 10 360
97 66A (1) (b)
97.1 ·     child interfere with correct operation of equipment attached to/part of bus—child 10 75
97.2 ·     adult interfere with correct operation of equipment attached to/part of bus—adult 10 360
98 66B (1)
98.1 ·     child not deposit litter in container—child 5 75
98.2 ·     adult not deposit litter in container—adult 5 181
99 66B (2)
99.1 ·     child deposit thing that may endanger person/property—child 5 75
99.2 ·     adult deposit thing that may endanger person/property—adult 5 181
100 66C (3)
100.1 ·    direction in relation to offence against pt 3.2—child not comply with direction of driver/police officer/authorised person—child 5 75
100.2 ·    direction in relation to offence against pt 3.2—adult not comply with direction of driver/police officer/authorised person—adult 5 261
100.3 ·    direction in relation to offence against pt 3.3—child not comply with direction of driver/police officer/authorised person—child 5 75
100.4 ·    direction in relation to offence against pt 3.3—adult not comply with direction of driver/police officer/authorised person—adult 5 261
100.5 ·    direction in relation to s 66C (1) (b)—child not comply with direction of driver/police officer/authorised person—child 5 75
100.6 ·    direction in relation to s 66C (1) (b)—adult not comply with direction of driver/police officer/authorised person—adult 5 181
100.7 ·    direction in relation to s 66C (1) (c)—child not comply with direction of driver/police officer/authorised person—child 5 75
100.8 ·    direction in relation to s 66C (1) (c)—adult not comply with direction of driver/police officer/authorised person—adult 5 181
100.9 ·    direction in relation to s 66C (1) (d) not comply with direction of driver/police officer/authorised person 5 261
101 68 (5) not comply with bus security camera standard 20 409
102 70AB (1) light rail service operator not notify road transport authority of notifiable occurrence 20 409
103 70AC (1) light rail service operator allow unlicensed driver/driving assessor/driving instructor 20 581
104 70AD (1) (b) (i) light rail service operator not keep driver record 10 360
105 70AD (1) (b) (ii) light rail service operator not ensure driver record up-to-date 10 360
106 70AD (2) light rail service operator not keep driver record for 2 years 10 360
107 70AD (3) light rail service operator not provide driver record to road transport authority/police officer/authorised person 10 360
108 70AE (1) (b) (i) light rail service operator not keep driving instructor record 10 360
109 70AE (1) (b) (ii) light rail service operator not ensure driving instructor record up-to-date 10 360
110 70AE (2) light rail service operator not keep driving instructor record for 2 years 10 360
111 70AE (3) light rail service operator not provide driving instructor record to road transport authority/police officer/authorised person 10 360
112 70AF (1) (b) (i) light rail service operator not keep driving assessor record 10 360
113 70AF (1) (b) (ii) light rail service operator not ensure driving assessor record up-to-date 10 360
114 70AF (2) light rail service operator not keep driving assessor record for 2 years 10 360
115 70AF (3) light rail service operator not provide driving assessor record to road transport authority/police officer/authorised person 10 360
116 70AH (1) light rail service operator not visibly display sign about surveillance in light rail vehicle 10 360
117 70AH (2) light rail service operator not visibly display sign about surveillance at light rail stop 10 360
118 70AI (1) (b) (i) light rail service operator not give lost property to owner 5 181
119 70AI (1) (b) (ii) light rail service operator not hold lost property for reasonable time 5 181
120 70AL (1)
120.1 ·     child travel on light rail without valid ticket—child 5 75
120.2 ·     adult travel on light rail without valid ticket—adult 5 181
121 70AM (1)
121.1 ·     child transfer/offer to transfer valid ticket—child 5 75
121.2 ·     adult transfer/offer to transfer valid ticket—adult 5 181
122 70AN (1)
122.1 ·     child travel on light rail with defaced/damaged/ changed ticket—child 5 75
122.2 ·     adult travel on light rail with defaced/damaged/ changed ticket—adult 5 181
123 70AP (1) (c) (i)
123.1 ·     child apply for concession ticket using false/ misleading information—child 10 75
123.2 ·     adult apply for concession ticket using false/ misleading information—adult 10 235
124 70AP (1) (c) (ii)
124.1 ·     child apply for concession ticket omitting information—child 10 75
124.2 ·     adult apply for concession ticket omitting information—adult 10 235
125 70AQ (1)
125.1 ·     child travel on light rail with concession ticket when not entitled—child 5 75
125.2 ·     adult travel on light rail with concession ticket when not entitled—adult 5 181
126 70AQ (3)
126.1 ·     child not produce required evidence—child 5 75
126.2 ·     adult not produce required evidence—adult 5 181
127 70AQ (4) (c) (i)
127.1 ·     child produce evidence with false/misleading information about concession ticket eligibility—child 10 75
127.2 ·     adult produce evidence with false/misleading information about concession ticket eligibility—adult 10 235
128 70AQ (4) (c) (ii)
128.1 ·     child produce evidence that omits information about concession ticket eligibility—child 10 75
128.2 ·     adult produce evidence that omits information about concession ticket eligibility—adult 10 235
129 70AQ (5) (c) (i)
129.1 ·     child make statement with false/misleading information about concession ticket eligibility—child 10 75
129.2 ·     adult make statement with false/misleading information about concession ticket eligibility—adult 10 235
130 70AQ (5) (c) (ii)
130.1 ·     child make statement that omits information about concession ticket eligibility—child 10 75
130.2 ·     adult make statement that omits information about concession ticket eligibility—adult 10 235
131 70AR (2)
131.1 ·     child not produce light rail ticket—child 5 75
131.2 ·     adult not produce light rail ticket—adult 5 181
132 70AT (1) (b) (i)
132.1 ·     child foot on light rail vehicle seat—child 5 75
132.2 ·     adult foot on light rail vehicle seat—adult 5 181
133 70AT (1) (b) (ii)
133.1 ·     child obstruct light rail vehicle seat—child 5 75
133.2 ·     adult obstruct light rail vehicle seat—adult 5 181
134 70AT (2) (b) (i)
134.1 ·     child spit in light rail vehicle/at light rail stop—child 5 75
134.2 ·     adult spit in light rail vehicle/at light rail stop—adult 5 181
135 70AT (2) (b) (ii)
135.1 ·     child use wheeled recreational device in light rail vehicle/at light rail stop—child 5 75
135.2 ·     adult use wheeled recreational device in light rail vehicle/at light rail stop—adult 5 261
136 70AT (3) (b) (i)
136.1 ·     child use offensive language in light rail vehicle/at light rail stop—child 10 75
136.2 ·     adult use offensive language in light rail vehicle/at light rail stop—adult 10 360
137 70AT (3) (b) (ii)
137.1 ·     child offensive behaviour in light rail vehicle/at light rail stop—child 10 75
137.2 ·     adult offensive behaviour in light rail vehicle/at light rail stop—adult 10 360
138 70AT (3) (b) (iii)
138.1 ·     child aggressive/menacing behaviour in light rail vehicle/at light rail stop—child 10 75
138.2 ·     adult aggressive/menacing behaviour in light rail vehicle/at light rail stop—adult 10 360
139 70AU (2)
139.1 ·     child not comply with direction—child 5 75
139.2 ·     adult not comply with direction—adult 5 181
140 70AV (1)
140.1 ·     child obstruct light rail vehicle door—child 5 75
140.2 ·     adult obstruct light rail vehicle door—adult 5 261
141 70AW (1) (a)
141.1 ·     child get on/off moving light rail vehicle—child 5 75
141.2 ·     adult get on/off moving light rail vehicle—adult 5 261
142 70AW (1) (b)
142.1 ·     child get on/off light rail vehicle not at light rail stop—child 5 75
142.2 ·     adult get on/off light rail vehicle not at light rail stop—adult 5 261
143 70AW (1) (c)
143.1 ·     child get on/off light rail vehicle through emergency exit/roof hatch—child 5 75
143.2 ·     adult get on/off light rail vehicle through emergency exit/roof hatch—adult 5 261
144 70AX (1)
144.1 ·     child enter light rail vehicle’s driver cab—child 5 75
144.2 ·     adult enter light rail vehicle’s driver cab—adult 5 261
145 70AX (2) (c) (i)
145.1 ·     child in part of light rail vehicle not for passengers—child 5 75
145.2 ·     adult in part of light rail vehicle not for passengers—adult 5 261
146 70AX (2) (c) (ii)
146.1 ·     child travel in way light rail vehicle not designed for—child 5 75
146.2 ·     adult travel in way light rail vehicle not designed for—adult 5 261
147 70AY (1)
147.1 ·     child throw thing in/from light rail vehicle—child 5 75
147.2 ·     adult throw thing in/from light rail vehicle—adult 5 261
148 70AZ (1)
148.1 ·     child not vacate designated seat for designated person—child 5 75
148.2 ·     adult not vacate designated seat for designated person—adult 5 181
149 70AAA (1) (a) (i) consume liquor/low–alcohol liquor in light rail vehicle 5 261
150 70AAA (1) (a) (ii) consume liquor/low–alcohol liquor at light rail stop 5 261
151 70AAA (1) (b) (i) possess open container of liquor/low–alcohol liquor in light rail vehicle 5 261
152 70AAA (1) (b) (ii) possess open container of liquor/low–alcohol liquor at light rail stop 5 261
153 70AAC (1)
153.1 ·     child eat/drink in light rail vehicle—child 5 75
153.2 ·     adult eat/drink in light rail vehicle—adult 5 181
154 70AAD (3) (b) (i)
154.1 ·     child travel in light rail vehicle with animal not in box/basket/ container—child 5 75
154.2 ·     adult travel in light rail vehicle with animal not in box/basket/ container—adult 5 181
155 70AAD (3) (b) (ii)
155.1 ·     child travel in light rail vehicle with animal in way not allowed—child 5 75
155.2 ·     adult travel in light rail vehicle with animal in way not allowed—adult 5 181
156 70AAE (1)
156.1 ·     child not give lost property to owner/light rail service operator/police officer/authorised person—child 5 75
156.2 ·     adult not give lost property to owner/light rail service operator/police officer/authorised person—adult 5 181
157 70AAF (1)
157.1 ·     child remove light rail property from light rail vehicle/light rail stop without consent—child 10 75
157.2 ·     adult remove light rail property from light rail vehicle/light rail stop without consent—adult 10 360
158 70AAF (2)
158.1 ·     child remove territory property from light rail vehicle/light rail stop without consent—child 10 75
158.2 ·     adult remove territory property from light rail vehicle/light rail stop without consent—adult 10 360
159 70AAG (1)
159.1 ·     child damage light rail property without consent—child 10 75
159.2 ·     adult damage light rail property without consent—adult 10 360
160 70AAG (2)
160.1 ·     child damage territory property without consent—child 10 75
160.2 ·     adult damage territory property without consent—adult 10 360
161 70AAH (1) (a)
161.1 ·     child interfere with security camera in light rail vehicle—child 20 75
161.2 ·     adult interfere with security camera in light rail vehicle—adult 20 581
162 70AAH (1) (b)
162.1 ·     child interfere with security camera at light rail stop—child 20 75
162.2 ·     adult interfere with security camera at light rail stop—adult 20 581
163 70AAH (2)
163.1 ·     child interfere with security camera recording—child 20 75
163.2 ·     adult interfere with security camera recording—adult 20 581
164 70AAI (1) (a)
164.1 ·     child apply light rail vehicle emergency brake—child 20 75
164.2 ·     adult apply light rail vehicle emergency brake—adult 20 581
165 70AAI (1) (b)
165.1 ·     child use emergency device fitted to light rail vehicle—child 20 75
165.2 ·     adult use emergency device fitted to light rail vehicle—adult 20 581
166 70AAI (2)
166.1 ·     child use emergency device at light rail stop—child 20 75
166.2 ·     adult use emergency device at light rail stop—adult 20 581
167 70AAI (3) (a)
167.1 ·     child interfere with emergency device at light rail stop—child 20 75
167.2 ·     adult interfere with emergency device at light rail stop—adult 20 581
168 70AAI (3) (b)
168.1 ·     child interfere with correct operation of emergency device at light rail stop—child 20 75
168.2 ·     adult interfere with correct operation of emergency device at light rail stop—adult 20 581
169 70AAJ (1) (a)
169.1 ·     child interfere with equipment attached to/part of light rail vehicle—child 10 75
169.2 ·     adult interfere with equipment attached to/part of light rail vehicle—adult 10 360
170 70AAJ (1) (b)
170.1 ·     child interfere with correct operation of equipment attached to/part of light rail vehicle—child 10 75
170.2 ·     adult interfere with correct operation of equipment attached to/part of light rail vehicle—adult 10 360
171 70AAK (1)
171.1 ·     child not deposit litter in container—child 5 75
171.2 ·     adult not deposit litter in container—adult 5 181
172 70AAK (2)
172.1 ·     child deposit thing that may endanger person/property—child 5 75
172.2 ·     adult deposit thing that may endanger person/property—adult 5 181
173 70AAL (3)
173.1 ·    direction in relation to offence against pt 3AA.2—child not comply with direction of police officer/ authorised person—child 5 75
173.2 ·    direction in relation to offence against pt 3AA.2—adult not comply with direction of police officer/ authorised person—adult 5 261
173.3 ·    direction in relation to offence against pt 3AA.3—child not comply with direction of police officer/ authorised person—child 5 75
173.4 ·    direction in relation to offence against pt 3AA.3—adult not comply with direction of police officer/ authorised person—adult 5 261
173.5 ·    direction in relation to s 70AAL (1) (b)—child not comply with direction of police officer/ authorised person—child 5 75
173.6 ·    direction in relation to s 70AAL (1) (b)—adult not comply with direction of police officer/ authorised person—adult 5 181
173.7 ·    direction in relation to s 70AAL (1) (c)—child not comply with direction of police officer/ authorised person—child 5 75
173.8 ·    direction in relation to s 70AAL (1) (c)—adult not comply with direction of police officer/ authorised person—adult 5 181
173.9 ·    direction in relation to s 70AAL (1) (d) not comply with direction of police officer/ authorised person 5 261
174 70AAN (2)
174.1 ·    direction in relation to offence against s 70AT—child not comply with direction of police officer/ authorised person—child 5 75
174.2 ·    direction in relation to offence against s 70AT—adult not comply with direction of police officer/ authorised person—adult 5 261
174.3 ·    direction in relation to offence against s 70AAA not comply with direction of police officer/ authorised person 5 261
174.4 ·    direction in relation to offence against s 70AAF—child not comply with direction of police officer/ authorised person—child 5 75
174.5 ·    direction in relation to offence against s 70AAF—adult not comply with direction of police officer/ authorised person—adult 5 360
174.6 ·    direction in relation to offence against s 70AAG—child not comply with direction of police officer/ authorised person—child 5 75
174.7 ·    direction in relation to offence against s 70AAG—adult not comply with direction of police officer/ authorised person—adult 5 360
174.8 ·    direction in relation to offence against s 70AAH—child not comply with direction of police officer/ authorised person—child 5 75
174.9 ·    direction in relation to offence against s 70AAH—adult not comply with direction of police officer/ authorised person—adult 5 261
174.10 ·    direction in relation to offence against s 70AAK—child not comply with direction of police officer/ authorised person—child 5 75
174.11 ·    direction in relation to offence against s 70AAK—adult not comply with direction of police officer/ authorised person—adult 5 181
174.12 ·    direction in relation to s 70AAN (1) (b) not comply with direction of police officer/ authorised person 5 261
175 70B transport booking service not take reasonable steps to ensure affiliated driver has required knowledge and skills 20 552
176 70C (1) transport booking service not take reasonable steps to ensure taxi/rideshare vehicle/hire car is licensed 20 581
177 70D (1) transport booking service not take reasonable steps to ensure service available to accept/communicate taxi bookings 20 581
178 70D (2) transport booking service not take reasonable steps to ensure service available to accept/communicate rideshare bookings 20 581
179 70E (1) transport booking service not make option of fare estimate available before hiring 20 660
180 70E (2) transport booking service not make identifying information for vehicle and driver available before hiring 20 660
181 70G (1) (b) (i) transport booking service not take reasonable steps to ensure affiliated driver record 10 360
182 70G (1) (b) (ii) transport booking service not keep affiliated driver record up‑to‑date 10 360
183 70G (2) transport booking service not keep affiliated driver record for 2 years after last booking 10 360
184 70G (3) transport booking service not provide affiliated driver record to road transport authority/police officer/emergency service member 10 360
185 70H (1) (b) (i) transport booking service not keep affiliated operator record 10 360
186 70H (1) (b) (ii) transport booking service not take reasonable steps to ensure affiliated operator record up‑to‑date 10 360
187 70H (2) transport booking service not keep affiliated operator record for 2 years after last booking 10 360
188 70H (3) transport booking service not provide affiliated operator record to road transport authority/police officer/emergency service member 10 360
189 70I (1) (b) (i) transport booking service not keep bookable vehicle record 10 360
190 70I (1) (b) (ii) transport booking service not take reasonable steps to ensure bookable vehicle record up‑to‑date 10 360
191 70I (2) transport booking service not keep bookable vehicle record for 2 years after last booking 10 360
192 70I (3) transport booking service not provide bookable vehicle record to road transport authority/police officer/emergency service member 10 360
193 70J (1) transport booking service not make booking record 10 360
194 70J (2) transport booking service not keep booking record for 2 years 10 360
195 70J (3) transport booking service not provide booking record to road transport authority/police officer/emergency service member 10 360
196 70M (1) transport booking service not, without delay, direct booking request to WTBS 10 360
197 70N (1) transport booking service not, without delay, direct driver to accept wheelchair‑accessible booking 10 360
198 70O (1) transport booking service not, without delay, tell passenger estimated arrival time 10 360
199 70Q (2) person operate WTBS without entitlement 20
200 70T (1) WTBS not, without delay, direct driver to accept booking 10 360
201 80 (1) independent taxi service operator not give road transport authority notice of change of name or address within 14 days 20 581
202 92E (3) taxi licensee not comply with condition of licence 20 581
203 92N (1) taxi licensee not produce licence for inspection 5 182
204 92P (1) taxi licensee not give road transport authority notice of change of name or address within 14 days 20 581
205 94 affiliated taxi service operator not tell road transport authority about affiliation/name of transport booking service 5 346
206 95 (2)
206.1 ·     by contravening 95 (1) (a) taxi operator not ensure taximeter fitted 20 581
206.2 ·     by contravening 95 (1) (b) taxi operator not ensure taximeter complies with standards 20 581
207 96 taxi operator not ensure metered fare visible 5 371
208 97 (1) taxi service operator not take reasonable steps to ensure taxi driver is licensed/ exempted 20 381
209 97 (2) independent taxi service operator not take reasonable steps to ensure taxi driver has required knowledge and skills 20 581
210 98 taxi operator not ensure wheelchair‑accessible taxi driver trained/exempted 20 581
211 99 (2)
211.1 ·     by contravening 99 (1) (a) taxi operator not record driver’s name and address 10 360
211.2 ·     by contravening 99 (1) (b) taxi operator not record prescribed driver authority information 10 360
211.3 ·     by contravening 99 (1) (c) independent taxi operator not record evidence that driver has required knowledge and skills 10 360
211.4 ·     by contravening 99 (1) (d) taxi operator not record wheelchair‑accessible taxi training/exemption information 10 360
211.5 ·     by contravening 99 (1) (e) taxi operator not record driving times 10 360
211.6 ·     by contravening 99 (1) (f) taxi operator not record registration number of taxi driven by driver 10 360
212 100 (2)
212.1 ·     by contravening 100 (1) (a) not keep taxi operator records as required 10 360
212.2 ·     by contravening 100 (1) (b) not produce taxi operator records as required 10 360
212.3 ·     by contravening 100 (1) (c) not provide taxi operator records as required 10 360
213 101A (2) wheelchair‑accessible taxi operator not have arrangements with WTBS operator for booking service 10 360
214 101A (3) wheelchair‑accessible taxi operator not have communications equipment fitted 10 360
215 101B (1) wheelchair‑accessible taxi operator not comply with WTBS’s approved procedures and rules 20 581
216 102 (1) taxi operator not ensure required information displayed in taxi 5 261
217 107 (3) accredited taxi operator of taxi not fitted with signs/livery identifying taxi/complying with taxi signs and livery requirements 10 360
218 109 (2)
218.1 ·     by contravening 109 (1) (a) taxi operator use stand-by taxi when usual taxi available 10 360
218.2 ·     by contravening 109 (1) (b) taxi operator not comply with stand-by taxi requirements 10 360
218.3 ·     by contravening 109 (1) (c) taxi operator not give notice of stand-by taxi 10 360
219 114 (1) wheelchair‑accessible taxi driver not tell booking service of hiring availability 10 360
220 114 (2) wheelchair‑accessible taxi driver not comply with direction to accept booking 10 360
221 115 (1) wheelchair‑accessible taxi driver not operate communications appropriately 10 233
222 116 (1) wheelchair‑accessible taxi driver not comply with WTBS’s approved procedures and rules 10 360
223 122 (1) taxi driver illegally stop taxi in taxi zone 5 210
224 122 (3) taxi driver not place/keep taxi in 1st available position at taxi zone 5 210
225 122 (5) taxi driver contravene another taxi’s right to next hiring 5 210
226 122 (6) taxi driver leave taxi zone/pick up area/drop off area/contrary to police officer/authorised person direction 10 360
227 123 (2) taxi driver use temporary taxi zone contrary to police officer/authorised person direction 10 360
228 124 (1) taxi driver park taxi longer than 30 minutes 10 360
229 129 (1) wheelchair-accessible taxi driver not prefer hiring offered by person in wheelchair 5 261
230 129 (2) wheelchair-accessible taxi driver not accept hiring offered by person in wheelchair 5 261
231 131 (1) taxi driver not drive by shortest route 5 210
232 131 (3) taxi driver not comply with direction to take hirer to new destination 5 210
233 132 (1) wheelchair-accessible taxi driver not carry wheelchair in safe way 10 360
234 132 (2) wheelchair-accessible taxi driver not carry person in wheelchair in safe way 10 360
235 132 (4) wheelchair-accessible taxi driver carry person in scooter/tricycle 10 360
236 132 (5) wheelchair-accessible taxi driver not provide loading assistance for person in wheelchair when asked 10 360
237 136 (1) taxi driver not wait 15mins/as agreed 5 210
238 139 taxi driver allow extra person in taxi without hirer’s agreement 5 210
239 140 (2) taxi driver not comply with hirer’s requirement about sharing taxi 5 210
240 140 (4) taxi driver ask hirer’s guests for payment of all or part of fare 5 210
241 141 taxi driver accept multiple hiring without hirer’s agreement 5 210
242 143 (1) taxi driver start taximeter before taxi hired 5 210
243 143A (1) taxi driver not start taximeter when taxi hired 5 210
244 143A (3) (c) (i) taxi driver start taximeter before wheelchair secured 5 210
245 143A (3) (c) (ii) taxi driver not start taximeter after wheelchair secured 5 210
246 143A (4) (c) (i) taxi driver not stop taximeter until wheelchair secured 5 210
247 143A (4) (c) (ii) taxi driver not restart taximeter after wheelchair secured 5 210
248 143B (1) taxi driver stop taximeter during hiring 5 210
249 143B (3) taxi driver not restart taximeter after breakdown/accident/avoidable action/hirer pays fare 5 210
250 143C (1) taxi driver not stop taximeter at end of hiring 5 210
251 143C (2) taxi driver not ensure taximeter readily readable by hirer/not state extra charges 5 210
252 143C (3) (a) taxi driver not ensure taximeter fare indicators show zero after payment 5 210
253 143C (3) (b) taxi driver not ensure taximeter fare indicators show zero after hirer fails to pay 5 210
254 144 (1) taxi driver ask more than correct fare 5 210
255 144 (2) taxi driver make agreement for payment of more than fare 5 210
256 144A (1) taxi hirer not pay fare 5 210
257 144A (2) taxi hirer not pay fare deposit difference 5 210
258 144A (3) taxi driver not pay fare deposit difference 5 210
259 144A (4) taxi driver not offer correct change 5 210
260 144B (1) ineligible person pay for taxi hiring under taxi subsidy scheme 5 210
261 144B (2) make false or misleading statement in paying for taxi under taxi subsidy scheme 5 210
262 145 (a) taxi driver charge fare for breakdown/accident 5 210
263 145 (b) taxi driver charge fare for avoidable action 5 210
264 147 taxi passenger drink liquor/possess open container of liquor 5 261
265 148 (1) taxi passenger eat/drink without taxi driver’s agreement 5 181
266 164D (2) rideshare vehicle licensee not comply with condition of licence 20 581
267 164L (1) rideshare vehicle licensee not give road transport authority notice of change of name or address and licence 20 581
268 164O (1) rideshare vehicle licensee not give label to rideshare driver before rideshare begins 20 581
269 164P (1) rideshare vehicle licensee advertise vehicle used to provide a rideshare service 10 360
270 164Q (1) rideshare driver not hold public vehicle licence/exemption 20 581
271 164R (1) rideshare driver accept booking other than from accredited transport booking service 20
272 164S (1) rideshare driver for rideshare vehicle with rideshare label not displayed so information readable on windscreen or window 20 581
273 164T (1) rideshare vehicle driver not produce licence for inspection 5 182
274 164T (3) rideshare vehicle driver not produce label for inspection 5 182
275 164U (1) rideshare driver advertise on rideshare vehicle that they are rideshare driver 10 360
276 173 (1) hire car licensee not notify change in name/address 10 360
277 174 (1) hire car operator contravene condition of hire car licence 20 581
278 176 (1) hire car operator not produce licence when required by police officer/authorised person 5 181
279 177E (4) (a) person operating without stand-by hire car permit label attached to car 20 581
280 177E (4) (b) person operating with stand-by hire car permit label not properly attached to car 20 581
281 177E (4) (c) person operating with stand-by hire car permit label not readable 20 581
282 177E (5)
282.1 ·     by contravening 177E (4) (a) stand-by hire car operator not prevent use of car without permit label attached to car 20
282.2 ·     by contravening 177E (4) (b) stand-by hire car operator not prevent use of car with permit label not properly attached to car 20
282.3 ·     by contravening 177E (4) (c) stand-by hire car operator not prevent use of car with permit label not readable 20
283 177H (1) stand-by hire car driver not produce permit when required by road transport authority/police officer/authorised person 5 181
284 180 affiliated hire car service operator not tell road transport authority about affiliation/name of transport booking service 5 346
285 181 (1) hire car service operator not take reasonable steps to ensure hire car driver is licensed/exempt 20 581
286 181 (2) hire car service operator not take reasonable steps to ensure hire car driver has required knowledge and skills 20 581
287 182 (1) (a) hire car operator not record driver’s name and address 10 360
288 182 (1) (b) hire car operator not record prescribed driver authority information 10 360
289 182 (1) (c) hire car operator not record evidence that driver has required knowledge and skills 10 360
290 182 (1) (d) hire car operator not record driving times 10 360
291 182 (1) (e) hire car operator not record registration number of hire car driven by driver 10 360
292 182A (2)
292.1 ·     by contravening 182A (1) (a) hire car operator not tell road transport authority about driver’s name and address 10
292.2 ·     by contravening 182A (1) (b) hire car operator not tell road transport authority about prescribed driver authority information 10
292.3 ·     by contravening 182A (1) (c) hire car operator not tell road transport authority about change to driver’s name/ address/prescribed driver authority information 10
292.4 ·     by contravening 182A (1) (d) hire car operator not tell road transport authority about driver no longer driving hire car for operator 10
293 183 (2) (a) hire car operator not keep hire car operator records as required 10 360
294 183 (2) (b) hire car operator not produce hire car operator records as required 10 360
295 183 (2) (c) hire car operator not provide hire car operator records as required 10 360
296 186 (2) (a) person operating without restricted hire car licence label attached to car 20 581
297 186 (2) (b) person operating with restricted hire car licence label not properly attached to car 20 581
298 186 (2) (c) person operating with restricted hire car licence label not readable 20 581
299 186 (3)
299.1 ·     in relation to offence against 186 (2) (a) fail to prevent use of vehicle without restricted hire car licence label attached 20 581
299.2 ·     in relation to offence against 186 (2) (b) fail to prevent use of vehicle with restricted hire car licence label not attached as required 20 581
299.3 ·     in relation to offence against 186 (2) (c) fail to prevent use of vehicle with illegible restricted hire car licence label 20 581
300 221B (1) transport booking service not take reasonable steps to ensure taxi has duress alarm 20 581
301 221B (2) taxi service operator for taxi without duress alarm 20 581
302 221C (1) transport booking service not take reasonable steps to ensure bookable vehicle has GPS tracking 20
303 221C (2) taxi service operator for taxi without GPS tracking 20
304 221C (3) rideshare driver accept hiring for rideshare vehicle not fitted with GPS tracking 20
305 221C (4) hire car driver accept hiring for hire car not fitted with GPS tracking 20
306 221D (1) taxi driver stand/ply for hire in vehicle without security camera 20 581
307 221D (2) interfere with security camera recording in taxi 20
308 221E (1) (a) interfere with security device in bookable vehicle 20
309 221E (1) (b) interfere with electronic device in bookable vehicle 20
310 221E (1) (c) interfere with thing supporting security or electronic device in bookable vehicle 20
311 221F (5) contravene security device standard 20 660
312 221G (1) transport booking service accept jump‑the‑queue fee for taxi booking 20 581
313 221G (2) transport booking service provide way for taxi driver to accept jump‑the‑queue fee for taxi booking 20 581
314 221G (3) taxi driver accept jump‑the‑queue fee for taxi booking 20 581
315 221H (1) transport booking service accept up‑front tip for taxi/rideshare booking 20 581
316 221H (2) (b) (i) transport booking service provide way for taxi driver to accept up‑front tip for taxi booking 20 581
317 221H (2) (b) (ii) transport booking service provide way for rideshare driver to accept up‑front tip for rideshare booking 20 581
318 221H (3) taxi driver accept up‑front tip for taxi booking 20 581
319 221H (4) rideshare driver accept up‑front tip for rideshare booking 20 581
320 221I (1) (b) (i) transport booking service accept jump‑the‑queue fee for bookable vehicle booking during emergency 20 581
321 221I (1) (b) (ii) transport booking service provide way for bookable vehicle driver to accept jump‑the‑queue fee for bookable vehicle booking during emergency 20 581
322 221I (1) (b) (iii) transport booking service apply surge pricing for bookable vehicle during emergency 20 581
323 221I (2) (b) (i) bookable vehicle driver accept jump‑the‑queue for bookable vehicle booking during emergency 20 581
324 221I (2) (b) (ii) bookable vehicle driver apply surge pricing for bookable vehicle booking during emergency 20 581
325 221L (1) defined person if payment surcharge imposed that exceeds maximum payment surcharge 20 581
326 221M (1) initiate collection of/collect payment surcharge that exceeds maximum payment surcharge 20 581
327 221R (1) bookable vehicle licensee for bookable vehicle with indecent/insulting/offensive advertisement/document displayed 10 360
328 221R (3) bookable vehicle licensee not comply with direction of authority/police officer/ authorised person to remove advertisement/document 10 360
329 221S (1) bookable vehicle licensee for bookable vehicle used while noncompliance notice in force 20 581
330 221T (1) bookable vehicle driver not have required knowledge and skills 20 581
331 221T (2) (c) (i) bookable vehicle driver not record evidence of required knowledge and skills 10 360
332 221T (2) (c) (ii) bookable vehicle driver not provide record of required knowledge and skills to road transport authority 10 360
333 221V (1) bookable vehicle driver allow passenger to have thing in vehicle endangering someone 5 210
334 221W (1) bookable vehicle driver allow passenger to have unconfined animal in vehicle 5 210
335 221X (1) bookable vehicle driver with indecent/insulting/offensive advertisement/document displayed in bookable vehicle 10 360
336 221X (3) bookable vehicle driver not comply with direction of authority/police officer/ authorised person to remove advertisement/document 10 360
337 222 (1) bookable vehicle driver tout for passengers/hiring for bookable vehicle 20 581
338 223 (1) bookable vehicle driver not give required notice of notifiable accident within 24 hours 20 409
339 223 (2) bookable vehicle driver not give required notice of notifiable accident within 5 days 20 409
340 224 (1) bookable vehicle driver use vehicle for hiring while noncompliance notice in force 20 581
341 225 (3) bookable vehicle driver not comply with direction of police officer/authorised person 5 261
342 226 (1) bookable vehicle passenger behave in offensive way/use offensive language 10 360
343 227 (1) bookable vehicle passenger place/carry unconfined animal in bookable vehicle 5 181
344 228 (1) bookable vehicle passenger not give found thing to owner/bookable vehicle driver/transport booking service/police officer/authorised person 5 181
345 229 (3) person not comply with direction of bookable vehicle driver/police officer/ authorised person to not to get into, or to get out of, a bookable vehicle 5 261
346 236 (4) (a) person operating without DRS authorisation label attached to vehicle 20 581
347 236 (4) (b) person operating with DRS authorisation label not properly attached to vehicle 20 581
348 236 (4) (c) person operating with DRS authorisation label not readable 20 581
349 236 (5)
349.1 ·     by contravening 236 (4) (a) DRS operator failing to prevent use of vehicle without authorisation label attached to vehicle 20
349.2 ·     by contravening 236 (4) (b) DRS operator failing to prevent use of vehicle with authorisation label not properly attached to vehicle 20
349.3 ·     by contravening 236 (4) (c) DRS operator failing to prevent use of vehicle with authorisation label not readable 20
350 238 (1) DRS authorisation‑holder not notify change in name/address 1
351 239 (1) DRS authorisation-holder contravene condition of authorisation 20 581
352 241 (1) DRS authorisation-holder not produce authorisation when required by road transport authority/police officer/authorised person 5 181
353 245 (1) DRS operator not service/maintain DRS vehicle 20
354 245 (2) DRS operator not ensure DRS vehicle complies with applicable vehicle standards etc 20
355 246 (2)
355.1 ·     by contravening 246 (1) (a) DRS operator not record DRS vehicle manufacture details 10 360
355.2 ·     by contravening 246 (1) (b) DRS operator not record DRS vehicle registration number 10 360
355.3 ·     by contravening 246 (1) (c) DRS operator not record DRS vehicle insurance policies 10 360
355.4 ·     by contravening 246 (1) (d) DRS operator not record DRS vehicle passenger capacity if vehicle is a bus 10 360
355.5 ·     by contravening 246 (1) (e) DRS operator not record DRS vehicle operation start/end dates 10 360
355.6 ·     by contravening 246 (1) (f) DRS operator not record DRS vehicle safety inspections 10 360
355.7 ·     by contravening 246 (1) (g) DRS operator not record DRS vehicle safety defects 10 360
355.8 ·     by contravening 246 (1) (h) DRS operator not record DRS vehicle maintenance 10 360
355.9 ·     by contravening 246 (1) (i) (i) DRS operator not record details of DRS vehicle accident causing death/injury 10 360
355.10 ·     by contravening 246 (1) (i) (ii) DRS operator not record details of DRS vehicle accident causing property damage 10 360
356 247 (2) DRS operator not give notice of additional DRS vehicle 20 235
357 248 (1) DRS operator not give immediate notice of notifiable accident 20 409
358 248 (2) DRS operator not give follow-up notice of notifiable accident 20 409
359 248 (4) DRS operator not give notice of incident 20 409
360 249 (1) DRS operator not ensure interior/exterior/ fittings of DRS vehicle clean/undamaged/ properly fitted/securely in place 10 360
361 250 (1) DRS operator allow unlicensed/unauthorised person drive DRS vehicle 20 581
362 251 (2)
362.1 ·     by contravening 251 (1) (a) DRS operator not record driver’s name and address 10
362.2 ·     by contravening 251 (1) (b) DRS operator not record prescribed driver authority information 10
362.3 ·     by contravening 251 (1) (c) DRS operator not record driving dates/times 10
363 251 (4) DRS operator not make record of suspension/cancellation of driver’s licence 10
364 251 (5) DRS operator not record driver no longer exempt from holding licence 10
365 252 (2)
365.1 ·     by contravening 252 (1) (a) DRS operator not tell road transport authority about driver’s name and address 10
365.2 ·     by contravening 252 (1) (b) DRS operator not tell road transport authority about prescribed driver authority information 10
365.3 ·     by contravening 252 (1) (c) DRS operator not tell road transport authority about change to driver’s name/ address/prescribed driver authority information 10
365.4 ·     by contravening 252 (1) (d) DRS operator not tell road transport authority about driver no longer driving DRS vehicle 10
366 254 (2) (a) DRS operator not keep DRS vehicle records as required 10 360
367 254 (2) (b) DRS operator not produce DRS vehicle records as required 10 360
368 254 (2) (c) DRS operator not provide DRS vehicle records as required 10 360
369 255 (2) DRS operator not state on DRS vehicle maximum number of bus passengers permitted 5 181
370 256 (1) DRS operator not display accreditation information 5 181
371 257 (1) DRS operator not ensure advertisement includes accreditation number 10 360
372 258 (1) DRS operator not ensure required fare information displayed in DRS vehicle 5 181
373 259 (1) DRS operator not display security camera notice 5 181
374 260 (2) DRS operator not ensure airconditioning operational/in good repair 10
375 261 (1) DRS operator not ensure DRS vehicle fitted with approved signs/livery 10 323
376 262 (1) DRS operator not ensure inappropriate advertisement/document not displayed 10
377 262 (3) DRS operator not remove inappropriate advertisement/document as directed 10 360
378 263 (1) DRS operator not ensure driver complying with dress code of practice 10
379 264 (3)
379.1 ·     by contravening 264 (2) (a) DRS operator not keep security camera recording as required 10
379.2 ·     by contravening 264 (2) (b) DRS operator not destroy security camera recording as required 10
380 264 (4) DRS operator not produce security camera recording to police officer/authority 10
381 264 (5) DRS operator not maintain equipment to display security camera recordings 5
382 265 (2) DRS operator not deal with lost property as required 5
383 266 (2) DRS operator allow DRS vehicle operation after time of effect of noncompliance notice 20
384 266 (3) DRS operator allow DRS vehicle operation after unauthorised removal of noncompliance notice 20
385 267 (1) DRS vehicle driver not drop off passenger 5
386 267 (2) DRS vehicle driver not pick up passenger 5
387 268 (1) DRS vehicle driver not stop DRS vehicle parallel/close to side of road 5 181
388 269 (2) (a) DRS vehicle driver carry more than maximum number of bus passengers permitted in DRS vehicle 5 181
389 269 (2) (b) DRS vehicle driver carry more than maximum number of seated bus passengers than permitted in DRS vehicle 5 181
390 269 (2) (c) DRS vehicle driver carry more than maximum number of standing bus passengers than permitted in DRS vehicle 5 181
391 270 (2) wheelchair-accessible DRS vehicle driver not carry wheelchair in safe way 10 360
392 270 (3) wheelchair-accessible DRS vehicle driver not carry person in wheelchair in safe way 10
393 270 (6) wheelchair-accessible DRS vehicle driver carry person in scooter/tricycle 10 360
394 270 (7) wheelchair-accessible DRS vehicle driver not provide loading assistance for person in wheelchair when asked 10
395 271 (2) (a) DRS vehicle driver not check security camera operating 5
396 271 (2) (b) DRS vehicle driver not tell authorised operator security camera not operating 5
397 272 (1) DRS vehicle driver allow inconvenient/dangerous thing in vehicle 5
398 273 (2) DRS vehicle driver not deal with lost property as required 5
399 274 (1) (a) DRS vehicle driver solicit passenger 10
400 274 (1) (b) DRS vehicle driver move DRS vehicle with door open 10 360
401 274 (1) (c) DRS vehicle driver start/stop vehicle in way to subject person to unnecessary risk of injury 10
402 275 (1) (a) DRS vehicle driver not clean and tidy 5
403 275 (1) (b) DRS vehicle driver not behave in orderly way/politely/with propriety 5
404 275 (2) DRS driver not comply with dress code of practice 5 181
405 276 (1) DRS vehicle driver operate dirty/untidy DRS vehicle 5
406 277 (2) DRS vehicle driver leave driver’s seat 5 181
407 278 (2) (a) DRS vehicle driver allow passenger in bus driver’s compartment 5
408 278 (2) (b) DRS vehicle driver allow passenger on bus driver’s seat 5
409 278 (3) (a) DRS vehicle driver allow passenger on unauthorised part of bus 5
410 278 (3) (b) DRS vehicle driver allow passenger beside/in front of bus driver’s seat 5
411 279 (2) DRS vehicle driver operate vehicle after time of effect of noncompliance notice 20 581
412 279 (3) DRS vehicle driver operate vehicle after unauthorised removal of noncompliance notice 20
413 281 (1) travel on DRS vehicle without valid DRS ticket 5 181
414 282 (1) transfer DRS ticket to someone else 5 181
415 283 (1) (a) use damaged/defaced DRS ticket 5 181
416 283 (1) (b) use changed DRS ticket 5 181
417 284 (1) use concession DRS ticket when not entitled 5 181
418 284 (3) not produce evidence of entitlement to DRS ticket concession 5 181
419 284 (7) (a) provide document containing false/ misleading/incomplete information for DRS ticket concession application 20
420 284 (7) (b) provide document containing false/ misleading/incomplete information for evidence of entitlement to DRS ticket concession 20
421 284 (8) (a) state false/misleading thing for DRS ticket concession application/evidence of entitlement to DRS ticket concession 20
422 284 (8) (b) omit thing from statement for DRS ticket concession application/evidence of entitlement to DRS ticket concession so it is misleading 20
423 285 (1) not make DRS ticket available to authorised person for inspection/ processing 5 181
424 286 (1) interfere with comfort/safety of person in DRS vehicle 5
425 287 (1) occupy reserved DRS vehicle seat 5 181
426 288 (1) drink/possess open container of liquor in DRS vehicle 5 181
427 289 (1) eat/drink on DRS vehicle contrary to sign 5 181
428 290 (1) (a) get on/get off moving DRS vehicle 5 181
429 290 (1) (b) get on/get off DRS vehicle through window/roof hatch 5 181
430 291 (1) (a) interfere with DRS vehicle equipment 5 181
431 291 (1) (b) block DRS vehicle door 5 181
432 291 (1) (c) unlock DRS vehicle door 5 181
433 291 (1) (d) open door while DRS vehicle moving 5 181
434 291 (1) (e) interfere with automatic DRS vehicle door 5 181
435 292 (1) throw thing in/from DRS vehicle 5 181
436 293 (2) (a) DRS vehicle passenger enter bus driver’s compartment 5 181
437 293 (2) (b) DRS vehicle passenger occupy bus driver’s seat 5 181
438 293 (3) (a) DRS vehicle passenger travel on unauthorised part of bus 5 181
439 293 (3) (b) DRS vehicle passenger beside/in front of bus driver’s seat 5 181
440 294 (1) remove property of DRS operator from DRS vehicle 5 181
441 295 (1) deposit litter/dangerous thing in DRS vehicle 5 181
442 296 (1) DRS vehicle passenger take animal on DRS vehicle without permission 5 181
443 297 (2)
443.1 ·     by contravening 297 (1) (a) DRS vehicle passenger not comply with direction by driver/police officer/authorised person because soil/damage DRS vehicle/person 5 181
443.2 ·     by contravening 297 (1) (b) DRS vehicle passenger not comply with direction by driver/police officer/authorised person because goods inconvenience/endanger person 5 181
444 298 (2) intoxicated DRS vehicle passenger not comply with direction by driver/police officer/authorised person 5 181
445 299 (2) DRS vehicle passenger offender not comply with direction by driver/police officer/authorised person 5 181
446 301 (1) DRS vehicle passenger not deal with lost property on DRS vehicle as required 5 181
447 303 (5) not comply with DRS vehicle security camera standard 20
448 304 (1) interfere with DRS vehicle security camera 20 581
449 304 (2) interfere with DRS vehicle security camera recording 20 581
450 307 (1) public passenger vehicle driver—not display driver authority card as required 20 409
451 308 (1) driver of public passenger vehicle—not produce driver authority card to police officer/authorised person on request 5 261
452 326 (1) not return suspended/cancelled certificate of accreditation/taxi licence/rideshare vehicle licence/hire car licence/ITSO approval as required 5 181

Part 4Road Transport (Public Passenger Services) Regulation 2002

  1. Section 4A, note 1

    substitute

    Note 1Criminal Code

    The Criminal Code, ch 2 applies to the following offences against this regulation (see Code, pt 2.1):

    ·     s 15 (Holder of conditional accreditation to comply with conditions)

    ·     s 17 (Production of certificate of accreditation)

    ·     s 18A (Recovery of lost or stolen certificate of accreditation)

    ·     s 20C (Regulated service must comply with service standards)

    ·     s 23 (Notification of changes to bus fleet)

    ·     s 24 (Notifiable incidents involving buses)

    ·     s 26 (Bus drivers to hold appropriate driver licence or authority)

    ·     s 27 (Records of bus drivers etc to be maintained by accredited operator)

    ·     s 27A (Accredited operator to tell road transport authority about records of bus drivers etc)

    ·     s 27B (Road transport authority to share information about bus drivers)

    ·     s 31 (Signs about security cameras in buses)

    ·     s 32 (Bus operator’s responsibilities for security camera recordings)

    ·     s 34 (Effect of noncompliance notices—bus operators)

    ·     s 37 (Maximum number of passengers in buses)

    ·     s 38 (Lost property in bus)

    ·     s 39 (Passengers not to be carried in certain parts of a bus)

    ·     s 45 (Effect of noncompliance notices—bus drivers)

    ·     a provision of pt 3.2 (Bus tickets)

    ·     a provision of pt 3.3 (Bus passengers)

    ·     a provision of ch 3AA (Light rail services)

    ·     a provision of pt 3A.1 (Transport booking services)

    ·     a provision of div 3A.2.1 (Independent taxi service operators)

    ·     a provision of div 3A.2.2 (Taxi licences)

    ·     s 94 (Taxi service operator—must tell authority about affiliation)

    ·     s 95 (Taxis to be fitted with complying taximeters)

    ·     s 97 (Taxi service operator—drivers to be licensed and skilled)

    ·     s 99 (Records of taxi drivers etc to be maintained by accredited operator)

    ·     s 101A (Wheelchair‑accessible taxi operator to have equipment and arrangements with WTBS)

    ·     s 101B (Wheelchair‑accessible taxi operator—WTBS’s approved procedures and rules)

    ·     s 107 (Taxi must have identifying signs and livery)

    ·     s 114 (Wheelchair‑accessible taxi driver—special responsibilities)

    ·     s 115 (Wheelchair‑accessible taxi driver—connection to WTBS)

    ·     s 116 (Wheelchair‑accessible taxi driver—WTBS’s procedures and rules)

    ·     s 143 (Driver not to start taximeter before hiring begins)

    ·     s 143A (When driver must start taximeter)

    ·     s 143B (Operation of taximeter during hiring)

    ·     s 143C (Operation of taximeter at end of hiring)

    ·     s 144 (Driver to ask for correct fare)

    ·     s 144A (Payment of taxi fare)

    ·     s 144B (Payment under taxi subsidy scheme)

    ·     a provision of pt 3A.3 (Ridesharing)

    ·     a provision of pt 3A.4 (Hire cars)

    ·     a provision of pt 3A.5 (Bookable vehicles generally)

    ·     a provision of ch 6 (Demand responsive services)

    ·     a provision of ch 7 (Driver authority cards)

    ·     a provision of ch 8 (Disciplinary action).

    The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

  2. Section 7 (5), definition of infringement notice

    omit

  3. New section 14 (6)

    insert

    (6)An offence against subsection (5) is a strict liability offence.

  4. Section 15

    substitute

  5. Holder of conditional accreditation to comply with conditions

    (1)A person commits an offence if—

    (a)the person holds an accreditation; and

    (b)the accreditation is subject to a condition; and

    (c)the person does not comply with the condition.

    Maximum penalty:  20 penalty units.

    (2)An offence against this section is a strict liability offence.

  6. Section 17

    substitute

  7. Production of certificate of accreditation

    (1)A person commits an offence if—

    (a)the person is accredited for a particular kind of regulated service; and

    (b)a police officer or authorised person asks to see the person’s certificate of accreditation for the service; and

    (c)the person fails to produce the certificate of accreditation for inspection—

    (i)by the police officer or authorised person; or

    (ii)within 3 days at the place directed by the police officer or authorised person.

    Maximum penalty:  5 penalty units.

    (2)An offence against this section is a strict liability offence.

  8. New section 20C (3)

    insert

    (3)An offence against this section is a strict liability offence.

  9. Section 22 (1) (i)

    substitute

    (i)a notifiable incident that is caused by, or arises out of the use of, the bus;

    (j)any other accidents or incidents—

    (i)in which damage to property is caused by, or arises out of the use of, the bus; or

    (ii)that significantly affect the operation of the bus service.

  10. New section 22 (3) and (4)

    insert

    (3)An offence against this section is a strict liability offence.

    (4)In this section:

    notifiable incident means an accident or other incident in which the death of, or bodily injury to, a person is caused by, or arises out of the use of, a bus used to operate the bus service.

  11. Section 24 (1) and (2)

    omit

    accident

    substitute

    incident

  12. Section 24 (3)

    omit

  13. Section 24 (4)

    omit

    accident

    substitute

    incident

  14. Section 24 (5)

    substitute

    (5)An offence against this section is a strict liability offence.

    (6)In this section:

    notifiable incident—see section 22 (4).

  15. New section 25 (1A)

    insert

    (1A)An offence against this section is a strict liability offence.

  16. Section 27

    substitute

  17. Records of bus drivers etc to be maintained by accredited operator

    (1)A person commits an offence if the person—

    (a)is an accredited operator of a bus service; and

    (b)fails to—

    (i)keep a bus driver record for each bus driver for the service; or

    (ii)take reasonable steps to ensure each bus driver record is kept up‑to‑date.

    Maximum penalty:  10 penalty units.

    (2)A person commits an offence if—

    (a)the person is an accredited operator of a bus service; and

    (b)the person has a written record under subsection (1) of a bus driver; and

    (c)the bus driver was the holder of a public vehicle licence authorising the bus driver to drive a bus for hire or reward; and

    (d)the bus driver’s public vehicle licence is suspended or cancelled; and

    (e)the person fails to make a written record of the following for the bus driver:

    (i)the suspension or cancellation of the bus driver’s licence;

    (ii)when the licence was suspended or cancelled;

    (iii)if the licence was suspended—when the suspension ends.

    Maximum penalty:  10 penalty units.

    (3)A person commits an offence if—

    (a)the person is an accredited operator of a bus service; and

    (b)the person has a written record under subsection (1) of a bus driver; and

    (c)the bus driver was exempt from holding a public vehicle licence under the Road Transport (Driver Licensing) Regulation 2000, section 94A; and

    (d)the bus driver is no longer exempt from holding a public vehicle licence; and

    (e)the person fails to record for the bus driver that the bus driver is no longer exempt from holding a public vehicle licence.

    Maximum penalty:  10 penalty units.

    (4)An offence against this section is a strict liability offence.

    (5)In this section:

    bus driver record means a record of the following details for a person who is a bus driver:

    (a)the person’s full name, home address and date of birth;

    (b)the person’s prescribed driver authority information;

    (c)the days and times when a bus was driven by the person.

  18. Section 27B heading

    substitute

27BRoad transport authority to share information about bus drivers

  1. Section 27B (2)

    omit

    may

    substitute

    must

  2. New section 28 (2A)

    insert

    (2A)An offence against this section is a strict liability offence.

  3. Section 29 (1)

    omit

    under section 37 (3) (Maximum number of passengers in buses)

  4. Section 29 (2) (a) and (b)

    substitute

    (a)the maximum number of seated passengers the bus is permitted to carry on each deck of the bus; and

    (b)the maximum number of standing passengers the bus is permitted to carry on the lower deck of the bus.

  5. New section 29 (3)

    insert

    (3)In this section:

    permitted to be carried—the number of passengers permitted to be carried in a particular way in a bus—see section 37 (4).

  6. Sections 30A to 30E

    omit

  7. Sections 31 and 32

    substitute

  8. Signs about security cameras in buses

    (1)A person commits an offence if—

    (a)the person is the accredited operator of a bus used to operate a bus service; and

    (b)the bus is fitted with a security camera; and

    (c)the person does not ensure—

    (i)there is a sign inside the bus stating that people may be under video surveillance while in the bus; and

    (ii)the sign is located in a place that can be easily seen by anyone who may be under video surveillance.

    Maximum penalty:  10 penalty units.

    (2)An offence against this section is a strict liability offence.

  9. Bus operator’s responsibilities for security camera recordings

    (1)A person commits an offence if—

    (a)the person is the accredited operator of a bus used to operate a bus service; and

    (b)the bus is fitted with a security camera; and

    (c)a recording is made by the security camera; and

    (d)a police officer or the road transport authority asks for the recording; and

    (e)the person fails to give the recording to the police officer or the road transport authority.

    Maximum penalty:  10 penalty units.

    (2)A person commits an offence if—

    (a)the person is the accredited operator of a bus used to operate a bus service; and

    (b)the bus is fitted with a security camera; and

    (c)a recording is made by the security camera; and

    (d)neither a police officer or the road transport authority asks for the recording; and

    (e)the person fails to—

    (i)keep the recording for 30 days after the day it is made; or

    (ii)destroy the recording within a reasonable time after the end of the 30-day period.

    Maximum penalty:  10 penalty units.

    NoteThe accredited operator must also comply with any standards about security cameras in buses, see s 68 (5).

    (3)A person commits an offence if—

    (a)the person is the accredited operator of a bus used to operate a bus service; and

    (b)the bus is fitted with a security camera; and

    (c)a recording is made by the security camera; and

    (d)the person fails to maintain equipment that can display the recording.

    Maximum penalty:  5 penalty units.

    NoteThe accredited operator may also have to comply with the Australian Privacy Principles under the Privacy Act 1988 (Cwlth) or the Territory privacy principles under the Information Privacy Act 2014 about the collection, storage, use and disclosure of the recordings.

    (4)An offence against this section is a strict liability offence.

  10. Section 35 (3) (a)

    omit

    section 39 (Restrictions on carriage of goods in buses)

    substitute

    section 53 (Inconvenient or dangerous items in bus)

  11. Section 35 (3) (b)

    substitute

    (b)the person is a person mentioned in section 66C (1) (b), (c) or (d).

  12. New section 35 (5)

    insert

    (5)An offence against this section is a strict liability offence.

  13. New section 36 (2)

    insert

    (2)An offence against this section is a strict liability offence.

  14. Sections 37 to 44

    substitute

  15. Maximum number of passengers in buses

    (1)A person commits an offence if—

    (a)the person is the accredited operator of a single-decker bus; and

    (b)the bus carries more passengers—

    (i)seated than the number of passengers permitted to be carried seated in the bus; or

    (ii)standing than the number of passengers permitted to be carried standing in the bus; or

    (iii)whether seated or standing, than the total number of passengers permitted to be carried in the bus.

    Maximum penalty:  5 penalty units.

    (2)A person commits an offence if—

    (a)the person is the accredited operator of a double-decker bus; and

    (b)the bus carries more passengers—

    (i)seated on a deck of the bus than the number of passengers permitted to be carried seated on the deck of the bus; or

    (ii)standing on the lower deck of the bus than the number of passengers permitted to be carried standing in the bus; or

    (iii)whether seated or standing than the total number of passengers permitted to be carried in the bus.

    Maximum penalty:  5 penalty units.

    NotePassengers are not allowed to stand on the upper deck of a double-decker bus, see s 44 (2) (d).

    (3)An offence against this section is a strict liability offence.

    (4)In this section, the number of passengers permitted to be carried in a particular way in a bus means the number of passengers—

    (a)stated in a certificate issued by the manufacturer of the bus as the appropriate number of passengers to be carried in that way; or

    (b)if the road transport authority approved another number of passengers to be carried in a particular way—approved to be carried in that way by the road transport authority.

  16. Lost property in bus

    (1)A person commits an offence if the person—

    (a)is the accredited operator of a bus used to operate a bus service; and

    (b)does not ensure that each item of lost property found in the bus is—

    (i)given to its owner; or

    (ii)if the owner cannot be identified—

    (A)held for a reasonable time at an office of the operator; and

    (B)made available for collection by the owner during ordinary business hours.

    Maximum penalty:  5 penalty units.

    (2)An offence against this section is a strict liability offence.

  17. Passengers not to be carried in certain parts of a bus

    (1)A bus driver must not allow a passenger—

    (a)to enter the driver’s compartment (if any) of the bus; or

    (b)to occupy the driver’s seat or a part of the driver’s seat.

    Maximum penalty:  5 penalty units.

    (2)A bus driver must not, while the bus is moving, allow a passenger—

    (a)in a part of the bus not designed to carry passengers; or

    (b)in a part of the bus beside or in front of the driver’s seat; or

    (c)to travel in a part of the bus other than in the way for which that part of the bus is designed; or

    (d)if the bus is a double-decker—to stand on the upper deck of the bus.

    Maximum penalty:  5 penalty units.

    Example—par (c)

    sitting on the floor

    Note 1In a vehicle includes on the vehicle (see dict).

    Note 2An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)Without limiting subsection (2), the parts of a bus not designed to carry passengers include—

    (a)the roof, steps, footboard and exterior surfaces of the vehicle; and

    (b)if the bus is a double-decker—the stairs to the upper deck.

    (4)An offence against this section is a strict liability offence.

  18. Sections 46 to 49

    substitute

  19. Validity of bus tickets

    (1)A bus ticket is valid for travel only for a journey—

    (a)for which it is issued; and

    (b)if a passenger is required to assign a journey to a ticket—to which it is assigned.

    (2)If a passenger is required to use a device to assign a journey to a ticket, the passenger must use the device in accordance with any instructions provided by the road transport authority or the accredited operator of the bus service.

    (3)A bus ticket transferred in contravention of section 48 is not a valid ticket.

  20. Valid bus ticket required for travel

    (1)A person commits an offence if the person—

    (a)travels on a bus service; and

    (b)does not hold a valid bus ticket for the travel.

    Maximum penalty:  5 penalty units.

    (2)An offence against this section is a strict liability offence.

  21. Bus ticket not transferable

    (1)A person commits an offence if the person—

    (a)holds a valid bus ticket for a journey; and

    (b)before the journey ends—

    (i)transfers the ticket to someone else; or

    (ii)offers to transfer the ticket to someone else.

    Maximum penalty:  5 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)This section does not apply if—

    (a)the ticket was bought for the other person; or

    (b)the transfer is authorised by the road transport authority or the accredited operator of the bus service.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

  22. Damaged or changed bus ticket not to be used

    (1)A person commits an offence if the person—

    (a)travels on a bus service; and

    (b)holds a valid bus ticket for the travel; and

    (c)the ticket is damaged, defaced or changed.

    Maximum penalty:  5 penalty units.

    (2)An offence against this section is a strict liability offence.

  23. Section 51

    substitute

  24. Inspection of bus ticket

    (1)A police officer or authorised person may require a person to produce the person’s bus ticket for inspection if the person—

    (a)is in a bus; or

    (b)has just got off a bus.

    (2)A person commits an offence if the person—

    (a)is required to produce the person’s bus ticket under subsection (1); and

    (b)does not produce the ticket as required.

    Maximum penalty:  5 penalty units.

    (3)An offence against this section is a strict liability offence.

  25. Part 3.3

    substitute

Part 3.3Bus passengers

  1. Behaviour that interferes with comfort or safety

    (1)A person commits an offence if—

    (a)the person is in a bus; and

    (b)the person—

    (i)puts a foot on a bus seat; or

    (ii)obstructs a bus seat; or

    (iii)spits; or

    (iv)uses a wheeled recreational device.

    Maximum penalty:  5 penalty units.

    (2)A person commits an offence if—

    (a)the person is in a bus; and

    (b)the person—

    (i)uses offensive language; or

    (ii)behaves in an offensive way; or

    (iii)behaves in an aggressive or menacing way.

    Maximum penalty:  10 penalty units.

    (3)A person commits an offence if the person—

    (a)is in a bus; and

    (b)unreasonably interferes with the comfort or safety of someone else.

    Maximum penalty:  10 penalty units.

    (4)An offence against subsection (1) or (2) is a strict liability offence.

  2. Inconvenient or dangerous items in bus

    (1)A bus driver, authorised person or police officer may direct a passenger who brings an inconvenient or dangerous item into a bus to—

    (a)place the item in a storage area in the bus; or

    (b)remove the item from the bus.

    (2)A person commits an offence if the person—

    (a)is given a direction under subsection (1); and

    (b)does not comply with the direction.

    Maximum penalty:  5 penalty units.

    (3)An offence against this section is a strict liability offence.

    (4)This section does not apply to anything assisting a person with disability.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).

    (5)In this section:

    inconvenient or dangerous item means an item that, because of its size or nature, cannot be carried in a bus without inconvenience or danger to someone else.

    Example

    item containing petrol

    NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    storage area, in a bus, means an area designed for the storage of goods or identified by a sign indicating that the area is for the storage of goods.

  1. Obstructing bus door

    (1)A person commits an offence if the person obstructs a bus door.

    Maximum penalty:  5 penalty units.

    (2)An offence against this section is a strict liability offence.

  2. Getting on and off bus

    (1)A person commits an offence if the person gets on or off a bus—

    (a)while the bus is moving; or

    (b)at a place that is not a bus stop; or

    (c)through an emergency exit or roof hatch.

    Maximum penalty:  5 penalty units.

    NoteA person is not criminally responsible for an offence if the person is responding to circumstances of sudden or extraordinary emergency (see Criminal Code, s 41).

    (2)An offence against this section is a strict liability offence.

  3. Passenger not allowed in certain parts of bus

    (1)A person commits an offence if—

    (a)the person is a passenger in a bus; and

    (b)the person—

    (i)enters the driver’s compartment (if any) of the bus; or

    (ii)occupies a driver’s seat or part of a driver’s seat.

    Maximum penalty:  5 penalty units.

    (2)A person commits an offence if—

    (a)the person is a passenger in a bus; and

    (b)the bus is moving; and

    (c)the person is—

    (i)in a part of the bus not designed to carry passengers; or

    (ii)in a part of the bus beside or in front of the driver’s seat; or

    (iii)travelling in a part of the bus other than in the way for which the part of the bus is designed; or

    (iv)if the bus is a double-decker—standing on the upper deck of the bus.

    Maximum penalty:  5 penalty units.

    Example—par (iii)

    sitting on the floor

    Note 1In a vehicle includes on the vehicle (see dict).

    Note 2An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)An offence against this section is a strict liability offence.

    (4)Without limiting subsection (2), the parts of a bus not designed to carry passengers include the roof, steps, footboard and exterior surfaces of the bus.

  4. Throwing objects in or from bus

    (1)A person commits an offence if the person throws anything—

    (a)in a bus; or

    (b)from a bus.

    Maximum penalty:  5 penalty units.

    (2)An offence against this section is a strict liability offence.

    NoteIntentionally throwing an object at, dropping an object on, or placing an object in the path of, a bus is also an offence (see Crimes Act 1900, s 28A).

  5. Vacating designated seats in bus

    (1)A person commits an offence if—

    (a)a sign in a bus indicates—

    (i)that a seat is set aside for designated people; and

    (ii)the designated people who may use the seat; and

    (b)a designated person travelling in the bus—

    (i)is standing; or

    (ii)indicates that they wish to use the seat; and

    (c)the person sits, or continues to sit, in the seat.

    Maximum penalty:  5 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)This section does not apply to a designated person.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

    (4)In this section:

    designated people include seniors, people with disability and pregnant people.

  6. Liquor in bus

    (1)A person commits an offence if the person—

    (a)consumes liquor or low-alcohol liquor in a bus; or

    (b)possesses an open container of liquor or low-alcohol liquor in a bus.

    Maximum penalty:  5 penalty units.

    (2)An offence against this section is a strict liability offence.

    NoteIt is also an offence to consume or possess an open container of liquor at a bus station (see Liquor Act 2010, s 199 and s 200).

    (3)In a prosecution for an offence against this section, unless there is evidence to the contrary, a substance is presumed to be liquor or low‑alcohol liquor if—

    (a)the substance is in a container; and

    (b)a label or other mark on the container describes the contents as liquor or low-alcohol liquor.

    Examples—label or mark that describes container contents as liquor

    1‘2.6% Alc/Vol’ printed on a can

    2‘14% Alc/Vol’ printed on the label of a bottle

    Note 1A person rebutting the presumption in s (3) has an evidential burden in relation to the rebuttal (see Criminal Code, s 58).

    Note 2An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (4)This section does not apply if the liquor is supplied in the bus—

    (a)by the accredited operator of the bus; or

    (b)with the permission of the accredited operator of the bus.

  7. Seizure of liquor in bus

    (1)This section applies if a bus driver, authorised person or police officer suspects on reasonable grounds that—

    (a)a person (the possessor) is in possession of liquor or low-alcohol liquor; and

    (b)the liquor or low-alcohol liquor is connected with the commission of an offence against section 59.

    (2)A bus driver, authorised person or police officer may seize the liquor or low‑alcohol liquor from the possessor if the bus driver, authorised person or police officer has told the possessor—

    (a)that the bus driver, authorised person or police officer suspects the liquor or low-alcohol liquor is connected with the commission of an offence against section 59; and

    (b)the grounds for the suspicion.

    (3)If a bus driver, authorised person or police officer seizes liquor or low-alcohol liquor under subsection (2), the bus driver, authorised person or police officer may dispose of the liquor or low-alcohol liquor.

    (4)However, the bus driver, authorised person or police officer must not dispose of the liquor or low-alcohol liquor under subsection (3) if the possessor indicates in any way that the possessor believes the bus driver’s, authorised person’s or police officer’s grounds for the suspicion are incorrect.

    (5)If a bus driver, authorised person or police officer disposes of liquor or low‑alcohol liquor under subsection (3)—

    (a)the person must not be prosecuted for an offence in relation to the liquor or low-alcohol liquor; and

    (b)a caution must not be issued to the possessor in relation to any act done in relation to the liquor or low-alcohol liquor.

  8. Eating or drinking in bus

    (1)A person commits an offence if—

    (a)a sign in a bus indicates that a person must not eat or drink in the bus; and

    (b)the person eats or drinks in the bus.

    Maximum penalty:  5 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)This section does not apply if the person eats or drinks in the bus for a medical reason.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

  9. Animal in bus

    (1)A person commits an offence if—

    (a)the person travels with an animal in a bus; and

    (b)the driver of the bus has not given permission to the person to travel with the animal on the bus.

    Maximum penalty:  5 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)This section does not apply if the animal is—

    (a)a guide-dog or other animal assisting a person with disability; or

    (b)being trained to assist a person with disability.

    Note 1The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

    Note 2If a person is treated unfavourably because the person is accompanied by an animal trained to help the person alleviate the effect of a disability, the person is discriminated against (see Discrimination Act 1991, s 5AA and s 8).

  10. Lost property found on bus

    (1)A person commits an offence if the person—

    (a)finds something that appears to be lost in a bus; and

    (b)fails to give the thing to—

    (i)a bus driver; or

    (ii)its owner; or

    (iii)the accredited operator of the bus; or

    (iv)a police officer; or

    (v)an authorised person.

    Maximum penalty:  5 penalty units.

    (2)An offence against this section is a strict liability offence.

  11. Removing bus property

    (1)A person commits an offence if the person—

    (a)removes property belonging to an accredited operator of a bus service from—

    (i)a bus; or

    (ii)a bus stop; and

    (b)does not have the operator’s consent to remove the property.

    Maximum penalty:  10 penalty units.

    NoteTheft and minor theft are also offences against the Criminal Code, s 308 and s 321.

    (2)A person commits an offence if the person—

    (a)removes property belonging to the Territory from—

    (i)a bus; or

    (ii)a bus stop; and

    (b)does not have the Territory’s consent to remove the property.

    Maximum penalty:  10 penalty units.

    NoteDishonestly taking or retaining territory property are also offences against the Criminal Code, s 319 and s 320.

    (3)An offence against this section is a strict liability offence.

    (4)In this section:

    property includes equipment, infrastructure, furniture, signs and fittings.

  12. Damaging bus property

    (1)A person commits an offence if the person—

    (a)damages property belonging to an accredited operator of a bus service; and

    (b)does not have the operator’s consent to damage the property.

    Maximum penalty:  10 penalty units.

    NoteDamaging property is also an offence against the Criminal Code, s 403.

    (2)A person commits an offence if the person—

    (a)damages property belonging to the Territory; and

    (b)does not have the Territory’s consent to damage the property.

    Maximum penalty: 10 penalty units.

    (3)An offence against this section is a strict liability offence.

    (4)In this section:

    property—see section 64 (4).

  13. Interfering with security camera or recording

    (1)A person commits an offence if the person interferes with a security camera that is fitted to a bus.

    Maximum penalty:  20 penalty units.

    (2)A person commits an offence if—

    (a)a recording is made by a security camera fitted to a bus; and

    (b)the person changes or otherwise interferes with the recording.

    Maximum penalty:  20 penalty units.

    (3)An offence against this section is a strict liability offence.

    NoteIn collecting personal information, an accredited operator of a bus service may also have to comply with the Australian Privacy Principles under the Privacy Act 1988 (Cwlth) or the Territory privacy principles under the Information Privacy Act 2014.

66AInterfering with bus equipment

(1)A person commits an offence if the person interferes with—

(a)equipment attached to, or forming part of, a bus; or

(b)the correct operation of equipment attached to, or forming part of, a bus.

Maximum penalty:  10 penalty units.

(2)An offence against this section is a strict liability offence.

66BLittering in bus

(1)A person commits an offence if—

(a)the person deposits litter in a bus; and

(b)the litter is not deposited in a container provided for the collection of litter.

Maximum penalty:  5 penalty units.

(2)A person commits an offence if the person deposits anything that may endanger a person or property in a bus.

Maximum penalty:  5 penalty units.

Example

person deposits an item containing petrol

NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3)An offence against this section is a strict liability offence.

(4)In this section:

litter—see the Litter Act 2004, section 7.

66CBus driver, authorised person or police officer—power to direct person to get off, or not get on, bus

(1)A bus driver, authorised person or police officer may direct a person to get off, or not get on, a bus if the bus driver, authorised person or police officer believes on reasonable grounds that—

(a)the person is committing, or has just committed, an offence against—

(i)part 3.2 (Bus tickets); or

(ii)part 3.3 (Bus passengers); or

(b)the person’s clothing or anything carried by the person may soil or damage the bus or the clothing or goods of someone else on the bus; or

(c)any of the person’s goods cannot, because of their size or nature, be carried in the bus without inconvenience or danger to someone else on the bus; or

(d)the person is—

(i)under the influence of liquor or a drug; and

(ii)causing, or is likely to cause, a nuisance or an annoyance to someone else.

(2)Subsection (1) (c) does not apply to anything assisting a person with disability.

NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

(3)A person commits an offence if the person—

(a)is given a direction under subsection (1); and

(b)does not comply with the direction.

Maximum penalty:  5 penalty units.

(4)An offence against this section is a strict liability offence.

  1. Police officer—power to remove person from bus

    A police officer may remove a person from a bus if the person—

    (a)is given a direction under section 66C; and

    (b)does not comply with the direction.

  2. Sections 67A and 67B

    substitute

67AName Territory may operate bus service under—Act, s 19A

The Territory may operate a bus service under either of the following names:

(a)ACTION;

(b)Transport Canberra.

  1. Section 69

    omit

  2. Sections 70AD (1) (b) (i), 70AE (1) (b) (i) and 70AF (1) (b) (i)

    omit

    the service; and

    substitute

    the service; or

  3. Section 70AAF (1)

    after

    an offence if

    insert

    the person

  4. Section 70AAF (1) (a)

    omit

    the person

  5. Section 70AAF (2)

    after

    an offence if

    insert

    the person

  6. Section 70AAF (2) (a)

    omit

    the person

  7. Section 301A

    substitute

301AName Territory may operate demand responsive service under—Act, s 82A

The Territory may operate a demand responsive service under either of the following names:

(a)ACTION;

(b)Transport Canberra.

  1. Dictionary, new definition of bus stop

    insert

    bus stop means a bus stop appointed under section 70.

Part 5Road Transport (Vehicle Registration) Regulation 2000

  1. New section 88 (4)

    insert

    (4)In this section:

    dealer—see the Sale of Motor Vehicles Act 1977, dictionary.

  2. Dictionary, definition of dealer

    omit

Endnotes

  1. Notification

    Notified under the Legislation Act on 6 September 2018.

  2. Republications of amended laws

    For the latest republication of amended laws, see align="center">© Australian Capital Territory 2018

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